California gional cility : ( a o 1 1 1 I 3 I 6 I 2 WS Report and Manual for robation Officers of the Superior Court acting as Juvenile Court - would now be sent to an orphan asylum, to the Parental School or to the Strickland Home for Roys. t(1912) Los Angeles is now solving this problem by its special schools, and a special department, with truant officers. Report and Manual for Probation Officers 21 mences to run away from home, staying out nights and stay- ing away from school, it doesn't take a prophet nor the son of a prophet to tell what is coming. (Even the judge of the juvenile court can tell that.) I have in mind the case of a boy I had thought to give his name, but I will refrain, because he might be known to some of you, or his mother might, and I am satis- fied she is a splendid good woman. That boy had the most peculiar disposition of any child, I think, with whom I have ever had to deal. He would stay away from home a week at a time. What would he do? Why, he would go out by himself to sleep on a vacant Iqt ; he would do nothing wrong, so far as we could deter- mine. Of course, the time came when he got into trouble com- mitted a burglary three burglaries in one night, with another boy ; but he wasn't any different boy after he did that than be- fore. Under the law, however, before the burglary he would be called a dependent child and afterward a delinquent child. There is an important distinction in law between the two classes. The dependent child must be brought, in the first in- stance, in the Superior Court. That is, the truant, the incorri- gible, the vagrant, the child of unfit parents, must come in the first instance, before the Superior Court. The delinquent child, arrested by the ordinary processes of a justice court, or police court, is brought, in the first instance, before that court.* Now, let me further impress that by saying that therein lies one of the great distinctions between our own law and that of other states. Justice Chambers is acting as the Juvenile Court judge of the Police Court. The justice is as much a Juvenile Court judge as I am, and has probably dealt with as many children as I have. In putting them on probation he may put them in the charge of the Superior Court probation officer, he can require them to report to him, he can talk with them and influence them as best he may, and he is not required under the law, nor is he authorized to send that child to the Superior Court until he is satisfied of one of two things : That the child must be taken out of his own home and placed in other surroundings, or that he must be sent to a reform school, upon certification of which facts the case is transferred to the Superior Court. I speak of this because of a letter received a few days ago from one of the superintendents of schools in this county, which disclosed the fact, that, although he had heard me speak at least once on the subject, he had not fully understood this point. Xow, let me say, in regard to the juvenile law, that while the change has not been as tremendous as some have thought, *Xo\v brought before the Superior Court in the first instance. 22 Report and Manual for Probation Officers there has been a very important change. And when you are deal- ing with children sometimes the seemingly unimportant becomes vastly important. Under our old plan the jail and the state were the bugaboo. They will always be, of course, to some extent, but under the new plan the state says to the delinquent child the boy who has committed burglary, the boy who has com- mitted robbery, or the boy who has stolen a mince pie, or what- ever the offense may be "I am your friend." The state says through its juvenile court officers, "Our purpose is not to punish you for what you have done ; we can't undo it. Our purpose is to make a man of you. Our purpose is to see that you do right, and when you do right we are satisfied, and until you do, we are not satisfied." We want the strong arm of the law to stand guard over the child; and we want it to be a strong arm. We want the child to feel that the whole power of the great State of Cali- fornia is reaching out toward him with this determination ; that if he does wrong he will be followed until he changes his course, no matter where he goes that he will be restrained and con- trolled until his manhood is established, no matter what is essen- tial to awake his manhood ; and that if he does right the grasp will be released until the strong arm of the state merely holds over him a protecting shield, which will guard him from the evil deeds of wrongdoers. THE CAUSES. I suppose if a thousand speakers should stand before you, they would give a thousand causes for juvenile delinquency and the chances are they would every one of them be wrong. There is only one cause of delinquency, and that is sin. There is only one cure for delinquency, and that is regeneration. Even the power of God cannot turn a man about from wrong to right ; he must do it himself. We have the record, if I may say it and say it reverently, of the greatest failure in the world, when God sent a flood to destroy all the people in the world, except one family, because of sin. Sin is a tremendous problem not to be solved by any individual in any short time. It is the problem of life. The great conflict of life is the conflict between sin and righteous- ness a conflict in the heart of each individual. The battlefield is there. That is the problem in politics. How shall we solve it? Just by trying over and over again. THE CHANGE. Another great distinction between the juvenile court system and the old system is this: L'nder the old system we didn't tr". If your boy entered anybody's house and took a five cent piece Report and Manual for Probation Officers 23 he was guilty of burglary. If that was reported to the police under the law they had only one duty to perform. (Of course, they didn't perform it. Don't forget that.) But under the law they had a duty to perform, namely, to file a complaint. The complaint filed, the judge had a duty to perform. What? Namely, to send the boy to San Quentin. Later on, as our reform schools were instituted, he was sent to the reform school, instead of the penitentiary. There was no alternative under the law. Now, we try to treat a boy just as a doctor does. Here is a boy that is sick. It makes no difference to the doctor whether he has a sore throat, or fever, or a chill, whether his face is flushed or pale, ex- cept as it is a symptom a key to a diagnosis of the case. I think that we may truthfully say that the effort of the juvenile court is to diagnose the case of the boy and to try and find a remedy. What shall the remedy be? Every one of you know of boys, and perhaps you have some in your own family, to whom the mere fact of being brought into court would be a sufficient deterrent from further offenses. Every one of you know of boys who if they are brought into court and the judge should say a few words to them admonishing them to do right, it would last them a lifetime and would be a mile-stone in their career. Every one of you know of boys that might not be influenced by that alone who by a little incarceration in a detention home, by being taken away from their own home for a short time, might be re- formed ; and so on, different treatment for different boys. What shall the treatment be? I can't say. We must take each boy and try him. One thing is certain, if the boy is to go right we must arouse his manhood. How? AYhy, if corporal punishment will do it, I say punish him corporally. I saw a boy on the street Saturday night. I just wanted to try the effect of that on him. (Laughter.) He was fat in form and fat witted, I am afraid. We have had a great hullabaloo recently about, the whipping of a girl at Whittier. This incident made me think of a story I once read. An incident was told by one man to an- other, and the point was supposed to be in the question that the listening boy asked when they g@t through. The man telling the incident said that a friend of his came into his enclos- ure and saw an owl sitting on his barn door, the hay mow door. He fired at the owl, with a shot gun, the wad caught fire, landed in the hay, burned the barn with all of its contents, horses and stock, valuable wagons, and caused a great loss, and there the man telling the incident ceased. The boy. who was listening, said: "Well, did he hit the owl?" Now, let me tell you. I think the question is, in dealing with a boy, "did he hit the owl?" 24 Report and Manual for Probation Officers "Did he get the boy straightened out?" I don't care if he burn- ed down the barn and all the horses in it. I don't care how many blisters you raise on the boy, or how big they are, or how much area they cover. "Did you get the boy?" Our Humane Society the good president of that society is here to-day has been recently torn up over the question of the thrashing of a little girl, and all indications point to the fact that she was very cruelly punished, and I don't endorse it at all. I am not saying that it should be endorsed. The officer of that Society lost his position because he let up a little bit in the prosecution of the young man who gave the thrashing. I want to tell you what I heard the other day over at the place where that girl is staying. One of her companions came up to the Mother and said : "Mother, there is just one thing I ca/>'t forgive that girl's brother for." "Well," the Mother said, "what is that?" "That he didn't kill her. She is the worst girl I ever saw. She scratches us, she kicks and bites and acts like a wild animal." I am telling you this just to emphasize the fact that there are two sides to this question. Now, I don't know r what this girl at Whittier was punished for, but if I did, I know one thing, that probably I couldn't tell you about it here. I am glad of this investigation for this reason : I am glad when the people take an interest in the internal affairs of prisons, jails and reformatories ; they must do it; but, let us remember, in speaking of these men in au- thority, that there are some things they can not tell about in public. I don't know whether women are given to riots, or to mob law, but I believe I could tell you a story of one boy's con- duct such that you would certainly feel like just stringing him right up here to this moulding, and you would think that any punishment he might receive would be inadequate to the offense. I am going to tell you of one boy and the effect that was accred- ited to his corporal punishment. Mind you, what I am trying to tell you is this : I don't care so much how you punish a boy, for you can't tell what will arouse your own child into right doing. It is surprising, yes, it is astonishing, how many efforts you can make without, touching a boy's heart, and how, \vhen you touch just the right key, the boy is revolutionized. Now, I will leave you to guess where the key was in this case. This boy was seventeen years old. I can't tell you the story throughout. but suffice to say, he had a poor widowed mother; he stole from his mother; he came home only for his meals: every time he got a job he would steal from his employer; he was lazy and shiftless; when he came into court he had no intention of do- ing right; ultimately he went to Whittier; out there he got Report and Manual for Probation Officers 25 a contempt for the place and said he was going to run away. The Superintendent called for him and said: "I understand you planned to run away to-morrow night." Well, the boy denied it, but he did run away the next night and was caught before he had gone a hundred yards out of the grounds. He said he knew what the penalty for running away was a thrashing. During the course of that thrashing he said: "I have got enough." "I expected to be thrashed, but, O ! I didn't know it was anything like this." The Superintendent added : "That boy is a new boy." It revolutionized him in his condition there, and was as near to regeneration as you can get by human means. I do wish to say this, that as society is organized today, and under the condition of the laws, which permits all kinds of children to be brought into the world, by all sorts of unfit and misfit parents, the only solution of the future of this nation lies right in the public school. DON'T EXPEL BOYS OR GIRLS. I want to say that every effort that I put forth in the juvenile court is to keep a boy in the public school. You can imagine how I feel when they expel one. I was amused in another room a moment ago. The question under discussion was how to keep boys in the public school. I said: "Don't expel him." "If you think of expelling a boy, why, think better of it, and just cut his throat." (Laughter.) Now, I knew that they wouldn't take that literally, as the Dutchman did, who went to a District At- torney and told a pitiful story about his neighbor's conduct con- cerning a division fence and then asked the District Attorney what he would do under such circumstances. The emotions of the District Attorney were very much wrought up, and he said : "Why, I would kill him." The Dutchman went home and killed his neighbor, and the District Attorney had to prosecute him for murder. (Laughter.) Now, I knew that Professor Foshay knew that I would hang him if he did that, so I felt safe in saying it. Mr. Foshay said: "I want to take issue with Judge Wilbur." And then he told how he suspended a boy and took him back in the school within a week. Does that prove that it is a good thing to expel a boy permanently? I have said that the great effort of the juvenile court is to keep the boy in school, so that his home disadvantages might be overcome, and 1 will tell you that if you should see and know the history of some of these children your hearts would be saddened, more so than I dare to bring to you at this happy Christmas time. 26 Report and Manual for Probation Officers DEFECTIVE PARENTS. Within ten blocks of this building to-day there is a three- month's old baby. Its mother is a ward of the juvenile court, and was before the child was born. That mother does not know the father of that boy. I do not feel to-day that I can trust that girl as far as I could throw a stone. Now, what are w r e going to do about it? Will that child get anything from its mother that is worth having? The only hope that we have to-day to offer for such cases (and it is a shame that we have to rely exclu- sively on that) is the public school ; that the teacher, when that child comes into the school room, will be both a father and mother to that child. Why do I speak of this child? Because there are many others like it. In that same institution there are fifty illegitimate children under the age of five years ; born of unfit parents ; parents unfit to have children ; physically, mor- ally and mentally unfit to have them. A MODERN PRODIGAL SON. I am glad I have a little sense of humor. If I didn't have I think I should give up the ghost. I was thinking the other night as a woman was talking to me of her boy of the story of the prodigal son and how the father welcomed that son now, mind you, "the father." This woman was telling how her son had run away from home. (That was a great trouble with the boy. He \vas good in the detention home, he was good in school, but he ran away from his own home.) He was away three days, and when he came back, this is the way she greeted him : "Oh," she said, "I know why you came back! you tore your trousers and didn't dare stay on the street any longer." That was the kind of a fatted calf he got. (Laughter.) Of course the boy ran away again. He is away now and has been for three weeks. What will become of him? In all reverence, the Lord only knows. Is his mother to blame? Well, let the judgment day decide.* JUVENILE COURT PROBLEMS. I could tell you many interesting ones, and I must say things that are not altogether pleasant. When the revivalist Dr. Chapman was here, did you notice how running all through his sermons was the thought of mother. The mother whose life was an appeal to that young man always to turn to the right. I said to him. "Dr. Chapman, you are talking about a boy's mother all the time. What would vou sav to a bov whose mother 'Fortunately, many arc taken into good homes. Report and Manual for Probation Officers 27 was a prostitute, to a boy whose mother was the keeper of a house of ill fame?" I said, "I have two such boys now under my jurisdiction trying to make men of them. What would you say to a boy whose father when asked, "Are you the father of this boy?" says, "Well, I believe so," or another who says, "I think not." Dr. Chapman replied, "I don't know. We gen- erally have to rely on touching some tender chord of memory." But we have these boys and others like like them on our hands. The problem is not a new problem. When a judge of the Juvenile Court, or any man, gets up with a wonderful new theory that he has discovered about boys, it is more or less wind. The things that I have discovered are not new, but old. One of them is this: That a boy needs both a father and mother. I believe that any boy raised by the mother alone (a widow, grass or otherwise) will never be quite the man he ought to be. Just one case as an illustration merely, because there might be a hundred cited : Three boys stood before me once for one offense. The three mothers appeared ; the three fathers were not in evidence ; one divorced ; one dead ; one -whereabouts unknown. That was one group that happened to be together. I don't talk much about divorces. There is no use, you know. If a person wants a di- vorce they are going to have it, no matter how hard they have to lie to get it. But it seems to me that if one has a child the last thing in the world he would want would be a divorce. Teachers, again I say to you that the fact is emphasized to my mind, not as a new fact, but with a new emphasis, that with the great stream the unchecked river of defective children of paupers, insanes, criminals, feeble-minded persons ever flowing in upon us there is no hope for us (as our law is today) except the hope that in the school the manhood of such a child will be aroused. EFFECT OF ALCOHOL AND NARCOTICS. I intended to say more in detail, but I must say this: Teach your boys not only the effect of alcoholics, but the effect of nar- cotics. (Applause.) We have today one child in the Detention Home because of the cocaine habit. Three boys from one mes- senger service told me in open court that every boy in that force except one was snuffing cocaine. Well, need I go further? Teach your boys these things before they get into the habit. THE SEX PROBLEM. It needn't be a problem. See that the boy and the girl under- stand something about it. If the parents don't teach him you must teach him. Why? (Applause.) Why? because there 28 Report and Manual for Probation Officers is nobody else to do it ; that is why ; and they must know. They must know. Well, what are you going to do? A pretty delicate subject. Get your boys apart and talk to them as a man to the boy, and don't be afraid. Tell him the truth, and don't forget that the boy I won't say about the girls ; I don't know much about them, and never expect to that the boy knows all of the meanness and all of the evil there is. You can't tell him any- thing new about that. Tell him the right side of it. I don't sup- pose I have any idea of how far that evil permeates the whole ^ system of juvenile delinquency, but how much hope would you have for a boy that you knew was having improper relations with women? I* a mixed audience I can't say more along that line, but I do say that we ought to have mc^e frankness on these lines. (Applause.) I was interested in hearing something said in the other room about the salaries of teachers. Now, I would expect, if I should tell teachers their salaries ought to be raised, that they would applaud what I said. I would be awfully disappointed if they didn't. But you never will get the kind of teachers you want in schools for the mere question of salary. Never. (Applause.) You can't compete with a hundred and fifty thousand dollar a year life insurance president in the school business. You know and I know that you ought to have enough ; how much that is I am not here to say. But the teacher that is worth while is the teacher that loves the children ; the teacher that sees the place she fills, which can be filled by none other in the system, not only of school government, but also of the government itself, is the one that we want. I do not say that every teacher ought to be tied for life to the school system. But you know what I mean. You know that it is your loving kindliness and your helpful in- terest in the children that will lead them to a better life. No mere knowledge of arithmetic, no mere knowledge of reading and writing, but the spirit of the teacher entering into the child is the thing that we must have if we are to have that which is worth while. I want to add this thought to what I said about expelling children. If T should leave the impression that T was any advo- cate of allowing bad boys and there are bad boys and bad girls to associate and mingle freely with the best in our school system, I would be grossly misunderstood. A teacher expelled a boy, who was in the Juvenile Court, for an offense with some relation to some girl T don't know just what it was and the probation officer remonstrated with him. He said, "Well, Report and Manual for Probation Officers 29 I guess Judge Wilbur wouldn't want that boy going to school with his little girl." Why, no. No. And I don't want you to put him in school with my little girl, but all I want the school authorities to remember is this, that there ought to be a place in the public school system for every child that can be kept in it. (Applause.) ECONOMY. Talking about dollars and cents. Three boys sent to Whit- tier cost the state and county one hundred [100] dollars a month. That is thirty-three and one-third [33 1-3] dollars a month each. More than that, but, I will use those figures. How much better would it be to pay a man one hundred dollars a month to take those three boys and devote his entire time and energy to their betterment? (Applause.) Now, that is not theory. That is common sense, isn't it? Los Angeles City spends a vast sum of money on her Public School, but Los Angeles today is taxed over six hundred thousand dollars to support what? Insane asylum, home for feeble-minded children, state prisons, jails, sheriffs and police. That is not one year, but it is every year, year after year. On the capitalization and assets of the Security Savings Bank of twelve million dollars, that bank is paying sixty thousand dollars annually for these things. Let us econo- mize with intelligence. (Applause.) "Because right is right, to follow right were wisdom in the scorn of consequences." Tennyson. "One thorn of experience is worth a whole wilderness of warning." Lowell. "Progress is the law of life man is not man as yet."- Browning. "Play your games with all your heart and do your pitching fair, and when you go out into the world you will find many oppotrunities to pitch in." David Starr Jordan to the \Yhittier School Cadets. The Juvenile Courts and Recent Developments in Penology By Hon. Curtis D. Wilbur Dr. Samuel J. Barrows Mr. W. A. Gates Addresses Delivered before the City Club of Los Angeles, Sept. /p, Westminster Hotel, Saturday, September 19, 1908. Regular meeting of the City Club. President Hunsaker in the chair. Mr. Hunsaker Gentlemen of the City Club: The American people have never been engaged in anything more important than the production of American citizens. It is absolutely essential to the highest citizenship that children should receive, not only the parental care, but that the interests of children who arc not properly cared for at home should be looked after by the state. It is not many years ago when little tots were treated as criminals and sent to prison to associate with the hardened and vicious. P>ut things are different now. We are taking a different view of the duty of the state to the child, and there has been no more important reform in the law and the development of the law than the changed attitude of the state towards delinquent and unfortunate children. Some years ago in this state a law was passed creating a Juvenile Court, the object of which was to care for and correct these unfortunate children, ratlicr than to treat them as crim- inals. A similar law was passed in other states. In the admin- istration of that law so much depends upon the judge, the good sense of the judge who is called to preside over the Juvenile Court, that it would be impossible properly to administer the law, unless that judge be a fatherly, splendid, Christian man. In the administration of the Juvenile Law in this country there' have been two judges of Juvenile Courts who have been 32 Report and Manual for Probation Officers more prominent than their brethren on the bench. Those two judges, and I mention him first because he was the pioneer, are Judge Ben Lindsey of Denver (applause), the friend of the poor, unfortunate boy ; and our own dear Judge Curtis 1). Wilbur of Los Angeles. (Applause.) I will not introduce, but merely present to you Judge Wil- bur, who will address you on the subject of Juvenile Courts. (Applause.) Address of Hon. Curtis D. Wilbur Judge of Juvenile Court Mr. Wilbur Mr. President and Gentlemen: I am in the unfortunate position of a man who was asked to fill a vacancy, and when he arrived found that there was no vacancy ; for, after I had consented, on short notice, to address you today, we had the distinguished honor of securing the con- sent of Mr. Barrows to address you; but he made it a condition of his consent that I should speak first; and I shall endeavor to accomplish my function by making a speech which is so full of holes that he will have lots of vacancies to fill. I also am embarrassed for another reason. I have long coveted the opportunity of presenting to this body of men the work of the Juvenile Court. I had been planning in my mind some of the things I would like to do. I felt that, with men of the character of those who are here, I could speak to you more confidently and more definitely in regard to some individual cases than could be done in an ordinary assembly. And it is only as you come in touch with the individual in the work of the Juvenile Court that its importance is fully appreciated. So I was rather reluctant to accept the invitation extended to me, with only two days' notice, to present to you this subject; and, to tell the truth, I am not going to do it. I am going to cover some of the general ground, and I venture to express the hope that some time you may care to hear from me again ; and if you do, I want to be able to present some data, some pictures and some records that will interest you. Today, however, I am not going to tell individual stories, but, as I say. cover the more general and less interesting ground. This community has recently been shocked, as perhaps it never has been shocked before, except by the death of President Report and Manual for Probation Officers 33 McKinley, by the assassination, in broad daylight, on one of our down-town city streets, of a police officer, in uniform, fulfilling the duties of his office. That shock was great to us for two rea- sons : First, that we all knew the man who was killed. I think there is not a man here but respected him and believed that he was a man who wanted to do his full duty ; and so we felt, those of us who knew him so well, that a friend of ours had been assassinated. But there was another element in this assas- sination, which startled us, and this feeling was emphasized when a few days later we read in our daily papers the autobiog- raphy of the man who killed Captain Auble. It is very rarely that we have had the opportunity of reading the autobiography of such a man ; and, as we read it, we saw that in his heart was the determination and the willingness to murder whatever officer might seek to arrest him. And so our attention has been directed, in a measure, I think, as a community, to the question of the dealing with these men who are in our midst, these men that we hate and fear, what we are pleased to call the criminal classes. To that I will again advert. The dearest thing on earth is human liberty, and we some- times forget the scope of liberty : The liberty to marry the girl that you want to marry, if you can get her ; the liberty to en- gage in the business that you want to engage in ; the liberty to make the contracts that you want to make and to go where you want to make them. In this nation, as in no other, we have real- ized human liberty far beyond, and I am marking my words, far beyond the dreams, not only of our forefathers, but of men who walk the earth today in such nations as Russia, Turkey, Persia and China. They can no more understand the liberty which we enjoy here today than they can understand heaven. For centuries we have been seeking to attain this liberty. We have engaged in war, and have shed oceans of blood. We have fought in the courts, and folio after folio, to the thousands and tens of thousands and hundreds of thousands of pages have been devoted to questions of human liberty, the laws which should obtain in the conviction of a man of crime. And we have wanted to feel, as a people, as jurors, and judges and lawyers, that when any man is sentenced to wear the stripes or to hang by the neck until dead, that there was no reasonable doubt of his guilt and of the justice of his punishment. Such is our law. But that doesn't solve the question of the criminal or of the criminal classes. It brings us to the very threshold, and only to the threshold, of the question. And herein, Mr. President, 34 Report and Manual for Probation Officers we have erred. We have said that, when the law has determined that the crime has been committed, when that fact has been ad- judicated, the question is settled. Hut I say to you, if we are to attack this problem intelligently, that we are but at the thresh- hold of the problem : What to do with the criminal. And, by the way, who is a criminal? We have no right to say and yet, of course, we do so that any man who violates a criminal law. or a law which has attached to it a criminal pen- alty, is a criminal. According to a recent decision of our Superior Court, concurred in by our eminent city prosecuting attorney, every member of every social club in this city is a criminal. They don't believe it until the Supreme Court also says the same thing. Mr. Thos. L. Wool wine I would like to correct that: the officers of the clubs. Mr. Wilbur I say that, morally, every member of the club is guilty; and I believe legally. However, don't act on my ad- vice. That isn't all. Jesus Christ was a criminal, executed by and in pursuance of a judicial decree, obtained by methods of which we wouldn't approve. The apostles were criminals; and the book that we love and some of us try to follow was written by men who were executed for crime. The Apostle Paul, for instance. After all, the real question, when we pass the question of the determination of the court, is the man himself. Let me call your attention to the fact, which I believe is true, that in this nation, more than in any other, and because of the wonderful liberty allowed to the citizenship, it is important that the crim- inal should not merely be punished, but should be reformed. A moment's reflection, without the necessity of illustration from me, will convince you that your happiness, your security in your own home and by your own fireside and in your own family re- lations, depends almost entirely on the proposition, that the citi- zenship of this country want to do right, rather than wrong. And we have seen, in the confession of Orchard, in the con- fession of this man Sutherland, and in the confession of other criminals, how easy it is for a man to commit the most dastardly crimes and do it, not once, but scores of times, without detec- tion and without even suspicion. \\ e were shocked almost beyond measure when a few years ago 18 convicts escaped from Folsom. Hy threatening the guards, they were induced to give them rifles of the most mod- Report and Manual for Probation Officers ern construction ; and these 18 men disappeared armed to the teeth with modern, up-to-date weapons. But let us not forget, when we shudder over the prospects of such a horde of men traveling over our fair state, that, under the ordinary system of executing our laws and carrying them out, these men would, in due course, be released. Possibly one at a time, but, never- theless, they would have been released to come back into the body politic and take the part which to them seemed right and best in the life of the nation and of the state. I say, that we have been very indifferent to the cry of the prisoner; and I hope I will not be thought to be crying out in any maudlin sentimentality in favor of a man merely because he has stripes on or is behind the bars. I have absolutely no sympathy with what has taken place sometimes, when a man has committed some bloody murder, some crime which has shocked an entire community. Upon his incarceration ladies come to visit him and bring flowers and weep over his sorrows and distress. I say I have absolutely no sympathy with that, because they have picked out this dramatic episode to relieve their sentimental feelings ; whereas, if, in their hearts they had the desire to help the man that was down, why didn't they visit the hobo and the tramp and the fellow who stole 15 cents, and needs help more than this man, perhaps, who has committed the greater crime. When we undertake to solve this question, we are under- taking to solve the greatest question in life. Indeed, we are un- dertaking to solve the problem of life itself. If we believe the story of man as written in the Bible, we see that there has been a contest almost from the day man was created, a free and inde- pendent thinker, able to do what he thought was right, whether God thought it was right or not; that everything that has been brought to bear upon the human family from that time to this has been brought to bear for the purpose of convincing men that it is best for them that their wills should freely and volun- tarily concur in the will of Almighty God ; in other words, that they should want to do right and not wrong. And so I say that, when we undertake to reform a man, to make him want to do right instead of wrong, we have undertaken a problem as large as life itself. We have been indifferent to it. For twenty years the wardens of our penitentiaries have cried out aloud for relief against conditions which they themselves said were shocking. It is only within the last four or five years that there has been any adequate response to this cry. When I visited Folsom prison, there were a thousand and one prisoners confined in cells intended for 500. The prisoners 36 Report and Manual for Probation Officers were building a wing which would care for 500 more. But in this prison, clean as it was, it was true that in every cell there were two men; and I ask you whether, if your boy "goes to the penitentiary, you want him to be in a room with any other man who is there. Everybody that deals with this question recog- nizes that one of the greatest evils in the prison is the fact that these men come in contact with each other. There were in two rooms or assembly halls or cells 40 or 50 men. I am not attempting to be accurate. Mr. Gates here would probably be able to give you the exact figures. He is secretary of the State Board of Charities and Corrections. At San Quentin there were 1700 prisoners, making 2700 in all. confined in cells intended for 700 odd. There they were level- ing grounds and making preparations for the erection of a build- ing adequate to the needs of the prison. In our own city for nearly ten years the various chiefs of police in their reports have cried out to the city council for relief. They said the conditions there were shocking beyond measure in the city prison ; that men were sometimes there in such numbers that they not only could have no bed, but that they had to stand up all night. This cry was not responded to until recently, when we built what we call the stockade ; and I believe that, since it is built, not only has there been no one con- fined in it, but the population at the city jail has decreased. Some might object to this. I have even heard objections raised to the fact that our small-pox hospital was not inhabited, and that money had been wasted in its erection. We have lim- ited the supply of tourists, breakbeam tourists. I want to read you, for I have tried to lead up to the point where we consider the heart of the man behind the bars, I want to read you something written by a man who had been behind the bars. I won't mention his name until after I have read it. " I know not whether laws be right, Or whether laws be wrong; All that we know who lie in jail Is that the wall is strong; And that each day is like a year, A year whose days are long. " But this I know, that every Law That men have made for Man, Since first Man took his brother's life, And the sad world began, Report and Manual for Probation Officers 37 But straws the wheat and saves the chaff With a most evil fan. " This, too, I know and wise it were If each could know the same That every prison that men build Is built with bricks of shame, And bound with bars lest Christ should see How men their brothers maim. " With bars they blur the gracious moon, And blind the goodly sun; And they do well to hide their Hell, For in it things are done That Son of God nor son of Man Ever should look upon. " The vilest deeds like poison weeds Bloom well in prison-air; It is only what is good in Man That wastes and withers there : Pale Anguish keeps the heavy gate, And the Warder is Despair. " With midnight always in one's heart, And twilight in one's cell, We turn the crank, or tear the rope, Each in his separate Hell, And the silence is more awful far Than the sound of brazen bell. " And never a human voice comes near To speak a gentle word : And the eye that watches through the door Is pitiless and hard: And by all forgot, we rot and rot, With soul and body marred. " And thus we rust Life's iron chain Degraded and alone : And some men curse, and some men weep, And some men make no moan ; But God's eternal Laws are kind And break the heart of stone. 38 Report and Manual for Probation Officers " And every human heart that breaks, In prison-cell or yard, Is as that broken box that gave Its treasure to the Lord, And filled the unclean leper's house With the scent of costliest nard. " Ah ! happy they whose hearts can break And peace of pardon win ! How else may man make straight his plan And cleanse his soul from Sin? How else but through a broken heart May Lord Christ enter in?" Oscar Wilde, from "Ballad of Reading Goal." I hesitate in my mind whether to speak to you of a very remarkable experience which I have had within the last two months. I will touch the experience, so that you will under- stand, without going into details. When I was in San Quentin prison a visitor 1 was anxious to ascertain whether or not it was true that men were being given suits of citizen's clothes when they left which could be identified by every policeman. That has been one of the criti- cisms on our prison system. I therefore asked to be shown the place where the clothing was kept, and was happy to find that they had been corrected, and that there were at least eight dif- ferent patterns, very modest patterns, which were given to the prisoners, as they might select. In this room were two men : one a man about 60 years old, in his prison stripes; another a man of about 38 years of age. The older man was met there in the room by his son, a boy about 19 years of age, who had come to San Quentin to take him back to San Francisco. The other man was alone. I took the same train that these men took. Tn the course of the jour- ney I spoke to this younger man. lie left me with a promise, and since that 1 have had from him several letters, in which I have had an opportunity to test his spirit ; and perhaps his changed attitude may be illustrated by the way in which he closed his first and last letter. In the first letter he said, "I am may I call myself, your friend," signing his name. In the last letter he signed it without hesitation, "Your friend and brother in Christ." In these letters he stated that when he left prison, by the way, he was released on parole, he had been thinking of only Report and Manual for Probation Officers 39 two things : One was worldly pleasure, and the other was the opportunity to revenge himself upon the man who had caused him to go there. In the last letter he said that he had written this man who caused him to go there and asked his forgivenness. The greatest mistake that we can make as to men is in lay- ing down in our hearts the rule that these men are different from us, and we are doing that constantly. I don't want to be misun- derstood. I believe that there are men who are irredeemable by any earthly or human process, and possibly by any divine process. I believe it is true today in our prisons as it was when Jesus Christ hung on the cross, that on the one hand there will be the man who says, "We are suffering justly," and who will ask for forgivenness; on the other hand, the man who will look at his dying Savior, and, though suffering the same pangs of agony, will ridicule him. Not long since, going north on the train, two prisoners from this county were being taken to the penitentiary by the sheriff. They were not from my department. I asked to be introduced to them by the sheriff. I spoke to them; just a few words, sug- gesting that they should be amenable to discipline and try to do the right thing, or something of that sort. When I returned to Los Angeles, I asked the sheriff what they said when I left. He told me that one of the men had made a slurring, obscene remark, which I will not repeat, although it would be very illu- minating as to his frame of mind. The other man had rebuked him and said, "He was trying to do us good." There you have the picture. And it is up to us to help the man that wants help and needs it and is worthy of it. Now, we are doing that. I am going to take five minutes in telling you some of the things we are doing. Possibly I may take one of it in telling you some of the things we are not doing. First, if we were talking about sending a lot of Sunday School superintendents and Sunday School teachers and what we might, perhaps, call "goody-goody" men, up to the penitentiaries as guards, you would probably say, "Well, that will never do." I know all the guards there would say it would never do. They would lose their jobs, wouldn't they? I was told by a prisoner who had served a term in San Quen- tin prison, who recently died in this city a respected citizen his only crime was in shooting a lawyer, and he was pardoned (laughter) that one night when the guards came upstairs to lock the prisoners in, two of these guards were so drunk that they had to come up the stairway on their hands and knees, and as they crawled up the iron stairway to lock in these prisoners 40 Report and Manual for Probation Officers that we had sent there, they were singing in drunken, maudlin tones, "Oh, climbing up those golden stairs." I don't want to get too personal ; that is, I don't want to say things that could be traced to a source; but one of the deputy sheriffs from San Francisco recently by the way, he was under a reform administration escorted a prisoner to Folsom. When they arrived there both were drunk. The sheriff was the drunker of. the two, and the prisoner was leading the sheriff. So I would mildly suggest that perhaps one of the best ways to start in on our reform work would be to see that the men who are in daily contact with these men who are sent to prison are good citizens. I told you I wouldn't say much about the juvenile court. I won't. I will just hint at it. \Yher we undertake this problem, we find, as I have suggested, that it is as broad as life itself. We find that if we are going to deal with the adults, we must deal with the juveniles, the children in their most plastic age. And I want to say, just roughly, in passing, about the children, that the thing that surprises me about the boys and the girls is, not that they are so bad, but that they are not worse ; not that there are so many crimes committed by children, but that there are not more ; the thing that surprises me is, not that they are so incorrigible, but that there are so many of them ready to blos- som out in the sunshine of kindness and do the right thing. So we have our juvenile court trying to attack this evil at its source ; and when we attack it, we find very quickly that we are out of the court room and into the school room ; we are asking for play-grounds ; we are asking that children be decently housed and fed; we are asking that children be examined physically and cared for. I had a boy before me yesterday. He had been neglected by his parents, having adenoids in his throat until the growth, which could have been removed in a few minutes, had actually changed the shape of his skull, the bony structure ; and he was by that much less a man. Neglect! That wasn't all; but I can't tell you the rest. I might, some time, privately. Some of the things we have done : Probation before sen- tence to prison. We have in this city, I think, 150 men on pro- bation. I don't recognize any of them here; but if I did I wouldn't mention it. \Ye are trying to help them become re- spected and good citizens. Out of the 150 I believe there have been but three or four who have had to go to the penitentiary. We have the system of parole after a man has gone to the penitentiary. The system as now used in this state is this: When a man has served half of his time after the credits for Report and Manual for Probation Officers 41 good conduct are deducted I believe, Mr. Gates? Mr. Gates Yes. Mr. Wilbur He can then apply to the prison board for re- lease on parole. Before he can be released, he must have a job in waiting for him ; and, of course, during the first few months after his release, the critical time of the life of the prisoner, he feels that the hand of the law is still on him and it behooves him to straighten up. An interesting thing in that parole system, the strange thing about it, is that we find that the prisoners take it upon themselves to make it mighty hot for the fellow that comes back from parole. At first that struck me as a little bit strange. Then I saw the point of it. "Why," they said to themselves, "if this fellow doesn't make good, that lessens our chance. He has hurt us." And they hurt him not in the same way, but with a sharper instrument. I am going to stop without closing. (Laughter and ap- plause.) Mr. Hunsaker I know I voice the unanimous sentiment of the Club in extending thanks to Judge Wilbur for his address, and in expressing the hope that at some future time he will be able to speak to us in detail as to the work of the juvenile court. Mr. Hunsaker I now have the pleasure of introducing Dr. Samuel J. Barrows, President of the International Congress on Prison Reform. Address of Dr. Samuel J. Barrows President of the International Congress on Prison Reform Mr. Barrows Mr. Chairman and Members of the City Club : Last Wednesday an eastern tramp came into Los Angeles, lie hadn't been in the city more than an hour before he was in jail. The charge against him was not pressed. He was released. He went over to the Superior Court. He found Judge Wilbur there. He thought he would work the judge. He took out some cards. They were not playing cards. No man from the east would attempt to work a California judge with playing cards. He would know that he would get beaten every time. (Laugh- ter.) They were simply some visiting cards. So the tramp 42 Report and Manual for Probation Officers chose one that he thought might pass best and tried it on the judge; and he thought for awhile that he was working the judge. After a little while he found that the judge was working him, and he told him that he would have to come to this club and earn his dinner on Saturday by talking to it. (Applause.) Well, that is a very easy way for tramps to do. Plenty of them would be glad to earn their dinner, if only they could get a chance to earn it by talking, instead of by sawing wood. The tramp on that occasion, however, did not feel that it was his business to earn the judge's dinner, too. (Laughter.) And so he insisted that he should do his own talking. You have heard the subject of parole referred to. The pris- oner wants his liberty; and Judge Wilbur has said how strong is the love of liberty. I found a while ago, while visiting the reformatory at Mansfield, Ohio, that there was one prisoner there who thought he might get out if he could only display a little eloquence. He was a negro there who wanted release on parole. And so he wrote this letter, and I was interested enough to copy it. It has never been published, but I happened to have it in my pocket, and I thought I would just tell you how this prisoner thought he might work the susceptibilities of the parole board, as the tramp the other day was trying to work the suscep- tibilities of the Judge. And so he wrote this letter to the chap- lain. I can't tell you just how it is the orthography, because it is very poor; in fact, it adds a little picturesque variety to it. "Mr. Love. Dear Sir: I seize this opportunity to in- form you a momentous missive. I will make it as laconic as possible. I wish to decant with you about my emancipation. I have been an inmate of this institution now three years. I know it is very obliqueful of me to be so obstreperous, but I beg of you to hear me. It isn't done intentionally. It is my nature to be loquacious. If you investigate, you will see that two-thirds of my trouble is by being too loquacious. I cannot be reticent. I have tried just as hard as any boy here, Mr. Love. Yon do not know how 'solicipus' I am for my parole. That is the reason I am writing this letter. It looks as if the rest of the old boys are having a chance. I write you because I know of your magnanimous disposition and feel confident that you will do all that lies in your power for me. I know when I shall gain my "unfetterdom" by which I suppose he means the same as the Judge does when lie speaks of liberty "that T shall disgorge my old habits and try to be a man, honored and indus- trious. You know we are all liable to go inaccurate once." That is a nice euphonism. "I feel I am strong and valiant enough to Report and Manual for Probation Officers 43 battle with the world. There is many a night I put in my cell with ingrates. It is enough to make an angle" I suppose. he meant an angel "It is enough to make an angle lackadaisical." And then he thought he would try a little Latin. "Labor is the de videratum of us all. * * I hope you may motus defenda for my sake, and have me recommended. Well, this is about the omega I have to say. I beg of you to forgive this poor writer, but I am no - . I bring my missive to a close. Obediently and confidently awaiting my doom." I will say that the prisoner did not get his release upon that display of eloquence. And, gentlemen, when you are looking for a half-holiday, I am not going to attempt any eloquence myself. I will just simply make a few remarks that have been suggested by Judge Wilbur in relation to our prison system. Now, there are some things you can see, when you are going over the country, by looking out through the car window, and thereby judge of the civilization. You can see something about the electric lights and the steam cars; and when you go into a city you can see its public libraries and its public schools, and you can judge its standard of living. But there are some other things that you cannot see from the car window, which power- fully influence the civilization and which furnish also standards of civilization. Last year I visited 36 prisons in Europe, over all the conti- nent of Europe : Sweden and Great Britain, and Russia, and Finland, and France, and Germany, and Switzerland, and Spain, and Portugal ; and I could tell in every one of those countries, by visiting the prisons, just as well as by visiting the galleries and public libraries, what the standard of living was, the standard of civilization in those places. And so our own country will be judged in the same way. And there are some things back behind the prison, which do not appear upon the surface, that also suggest the standard of living. I have thought sometimes that somebody ought to write up the contribution which the United States has made to modern civilization. It would be a very large book, indeed, in which you should write that contribution. But when you come to the matter of criminal law, I think the Judge will agree with me, and perhaps some others here who are lawyers your hon- ored president that the United States have made their contri- butions of great importance in this history of the world and in our modern civilization. One of them is that which has just been alluded to by the Judge, the system of juvenile courts. A second is, the probation system for adults, which historically 44 Report and Manual for Probation Officers preceded that of the juvenile court; and, third, is the establish- ment of the indeterminate sentence, coupled with a reformatory system for the correction of the corrigible offender. Those three things stand out as large and distinct contributions of the United States. Historically they come in the other direction. In 1900 it was the city of Chicago that first established by law the juvenile court. It was our good friend of whom you have spoken, Judge Lindsey, who took it up with great personal power and showed its possibilities. It has gone over this coun- try. It is established here in the State of California. It is being established in Europe. Four years ago I wrote a report for the United States, pub- lished by the United States for the International Prison Com- mission, and at the meeting of the congress in Budapest, brought up the subject of juvenile courts. It was recommended to the countries of all the civilized world. And now you find that in England, in France and in Germany, and Switzerland, they have already established them. They are discussing it in Hungary and Italy. I have had letters from South Africa, Australia and New Zealand. It is, indeed, going around the world. That is one thing. Then, another is this probation system for adults; the same idea, which I say historically preceded the other one. It began in old Massachusetts, where I had the joy of living 35 years. It was developed by an individual, who went to the court, secured the confidence of the judge old Father Cook; he has had a few successors there and told the judge that, if he would put such and such a boy or man on probation, he would be responsible for him. Sentence was suspended. The man was placed on pro- bation. They found that it worked well. Then the city adopted it. Then the state adopted it. Then in France they saw what Massachusetts was doing. They adopted it in France and in Belgium. And two years ago in France they put on probation 39,000 offenders; not with our system of probation which we have here, but under a system of suspended sentences. And France is the only country in the world where you can tell whether the system is a success or a failure, because they know, when a man is arrested, whether he has been arrested before ; and they find that not five in a hundred fall back. They have adopted it in Belgium, and in the State of New York, and now we are extending it over the United States; and I hope before long that the federal government will adopt it. Another thing is the reformatory system ; the indeterminate sentence being tho legal ^ide of it, and the institution being the Report and Manual for Probation Officers 45 practical working out of the possibility which the indeterminate sentence unfolds. Now, many judges have said to me that they wished they might be relieved from the burden of the time sentence, that of being obliged to say, when a man is sent to prison, how long he must stay there. We do not ask our doctors to say that, when a man is sent to a hospital ; we do not ask him to say when he shall come out. All that he says is when the man shall go in. We are coming now to a legal system, by which the Judge has the same opportunity and is relieved from the responsibility which has long been a burden. It is simply to say that this man or this boy, this offender, is a person that needs correction. And then the question comes up, whether that correction can be effected in society, or whether he must be taken out of society. We are finding out that thousands and thousands of men here in this country, as in France, can be corrected without going to prison ; and all that they need is, first, to be brought face to face with the fact that they may go to prison ; to come, as the apostle said, or as the prodigal son said, to come to himself; as in - when - threw the hatchet at one of his soldiers, it went out of his hand, and suddenly he came to himself and saw what he had done. Now, there are those offenders that need to be placed face to face with themselves and then to be Dlacecl under the servants of the courts, under efficient ad- ministration, so that they need not go out of society, they need not be displaced industriously, they need not break up their homes ; but they can go out and do their work, and they can be corrected and saved. Another thing they can do: In some cases restitution may be made for the offense they have com- mitted. That is one thing we have in the State of New York. In the association, of which I am the secretary, the prison asso- ciation of New York, we insist, when possible, that restitution should be made for all these petit larcenies ; and sometimes we raise, as last year, five thousand dollars, from prisoners, and pay it back, or insist that the prisoners shall pay it back. A probation case came up to me but a few weeks ago. It was Johnnie Sullivan, I think. And he came to me and said that he had been put on probation by the judge and he had to pay- back $200 and pay it back $10 a month. And so for 19 months he had paid ten dollars a month, and now was to pay his last ten dollars. When a man is willing to work, to put clown the money to plank it down, as we say it is pretty good evidence of his conversion; his economic conversion. We find that resti- 46 Report and Manual for Probation Officers tution can be made in a great many cases, and it isn't necessary to send a man to prison. We find that about 90 per cent of those that are put on probation can be saved; and that is a little better result than with those put in prison. Another question is, If a man cannot be corrected in so- ciety, what shall we do with him when we send him away? The probation question helps the legal side of the case, because it practically does away with the necessity of the short sentence. The short sentence has been one of the worst things with which we have had to deal ; sending a man for five days or ten days or a month or two months. Under the probation system, it isn't necessary. If he is a fit person to be given another opportunity, let him have it. If probation fails with him, then he must be sent out and placed under influences which may correct and de- velop and discipline him. And there is no reform, or but very little, in sending a man for a few months to prison, only to come out again and repeat his crime and go back again. I have known cases of men having been sentenced 150 times. I have left out the case in Scotland, where a woman was sent up 333 times; and the judge, in sending that woman up the 333rd time, did not take into account the fact that she had been sent 332 times before ; simply sending her to prison for the last single act that she had committed, with no relation to her char- acter. We want to better that system ; and it is coming through the adoption of the indeterminate sentence. We shall find out something about this man or that woman, and then we will put him or her into a place where they will not be made worse but where the State will do something to make them better. How utterly absurd is it to do as we do in thousands of cases and send our criminals to institutions in the name of the State, where they are made malefactors by the State made worse than they were before. And all this sewage, this social sewage, is turned out again. It has its inflow into the prison, and its back-flow into society; and it pours out without filtering it or improving it. Gentlemen, there are a good many things I could speak of in regard to the tendencies of modern penology. I could only mention and just catalog them. I can't expound them, for it is time for you to be released from the punishment which the judge, through me, has inflicted upon you. I am working out my sen- tence. One is this, which I think is very important that we shall so correct the offender as not to lay too great a burden upon the family an economic burden. Who are the persons that are Report and Manual for Probation Officers 47 punished by the State? They are not always at San Quentin, not at Folsom. They are not in your jails. You can go and find the defendant in the mass of the prisoners. The poor wife, who is slaving to pay her rent; the poor children who are suffering the pangs of hunger; the hard- worked mother; these are often the persons that the State is punishing more than the man who has his shelter and his food secure and has not that necessity. Well, now, we need some system by which the family shall not be punished. The probation system has this advantage: That, if possible, a man can go on with his work and the family can be kept together. But when we take him out of the family and put him in prison, what then? Why, we have established a sys- tem of slavery. I don't think it is just. I don't know why a man who has proven that he can't live in society and needs to go out should thereby be enslaved. I think it is very reasonable to ask of him that he should pay the cost of his living to the State ; and there are few men who go to prison who couldn't pay the cost of their living, if the law would let them. They could do it in the State of New York, if they were not forbidden by law. Be- yond that, they could do something more. They could do enough to keep their families out of misery. We had in our Sing Sing prison a man, a good machinist, who could earn $4 a day. He is earning five or six dollars a day now. He might just as well have earned a dollar a day, at least, in prison. He could have earned $2 a day, but the State of New York wouldn't let him. He couldn't earn anything, couldn't earn the cost of his keep, even. So outside we had to tide his family over until the law released him. The labor unions have some ideas, and some of them, I think, are very unjust and very tyrannical. I think we should take up the subject, not only of the prisoner, but of the prisoner's home, and see that the man has an opportunity to work to pay the cost of the support of his family. Another thing: The economic motive is one of the great forces. You feel it yourself. Take it away from the members of this community, and perhaps you wouldn't work ten hours a day, or eight hours. You might be content to work three. But take away the economic motive and take away all the impulses that come through industry and labor and its rewards, and so- ciety would be largely disintegrated. Now, we have got to bring into our prison this economic motive. We have it in the peni- tentiary at Baltimore, where the prisoners last year made $40,000 for the State, and they made $40,000 for themselves ; and it is a very good thing when the woman comes up there once a week 48 Report and Manual for Probation Officers to get her five dollars to pay her rent at home; a very good thing. (Applause.) Gentlemen, I have talked longer than I expected to. I only want to say one thing in conclusion, and that is this: Don't ex- pect the State to do it all, as a bit of machinery. Personality enters into it. The personality of the judge who runs the juvenile court enters into it. There must be manhood there; and I am glad to say that you have the personality here in your juvenile court in Los Angeles. (Applause.) And then remember that you also have an opportunity to join with the State in helping the man when he comes out. It is quite a remarkable thing in Indianapolis that there are 150 business men who are willing to take cases from the juvenile cojrt. I have been there and seen it. A business man will come up and say, "I will take this boy and I will help look after him." We are beginning to know the means by which every one of those boys in New York who are placed on probation will have some friend who can give them some of the light of his brain, his sympathy, his kindness. Sometimes these fellows need friends to help them along by suggestion and impulse. If we had one good, Christian, human man for every prisoner that came out, I think the con- ditions would be very much better. One of the great writers on social questions said, what we need is more light, and more love and more justice; and I think that is so, too, of our penal system. A little more light on these troubles; a little more light into our souls; when you come into the prison, itself, the right of every prisoner to have the air and sunlight. A little more love. Do not think of it as a weak senti- mentality. It is the greatest force in the world. And it has its advantages in society : To change those conditions, not to make him a prisoner outside but to make him a prisoner inside; to change them into conditions which shall vivify and reconstruct and improve and make him a man again, so that he can say, as one boy came to me and said of our reformatory: "I thank God that I went to that institution." What a glory that is for the State, instead of the stigma that we cause to be placed upon it. (Applause.) Mr. Ilimsaker The time is late, but I know you gentlemen would be glad to hear a word from Mr. Gates, the secretary of the State Board of Corrections and Charities. Mr. Gates. (Ap- plause.) Report and Klanual for Probation Officers 49 Address of Mr. W. A. Gates Secretary of the State Board of Corrections and Charities Mr. Gates Mr. President and Gentlemen : I came pretty near not quite being- at one other meeting, some time last winter. I happened to be a guest at the hotel and was out in the lobby, and they told me that the City Club was meeting in here. I took a look in at the door and I saw L. C. Gates sitting at the table, and George A. Gates expounding the doctrine, and I thought there were Gates enough, and I retired. Dr. Barrows has spoken of himself as a tramp. I want to correct him a little upon that. Dr. Barrows isn't out here exactly as a hobo. The hobo comes uninvited. The State Conference on Charities and Corrections has asked Dr. Barrows out here, and he comes out here now in response to that invitation ; and he is going to speak to us up above San Francisco Bay ; and I am glad he has had an opportunity down here to say something of prison reform and to help us to get established in this city that system of reforms which we are seeking. The State Board of Charities and Corrections, you all know, is a board created by legislative act. It is your own board, and is appointed by the Governor, with long terms of service, and your distinguished superintendent of schools is a member of the board. It is the duty of that board to stand between the people of the State and its institutions, and to recommend to the Governor and the legislature every two years the reforms which we think ought to be made. Now, it will not be a breach of confidence when I tell you that we are going to ask of the next legislature to establish in this State a modern reformatory. (Applause.) And I am glad of the privilege of coming here today and telling you that, and asking for your support, because it is only possible to secure a reform of this kind by having the support of the business men of the State. We must have public opinion. Judge Wilbur has told you of what the present condition of our prisons is. Do you know that we stand in prison population in proportion to our other population among the first states of the Union? The only states above us, according to the United vStates census, are Nevada, Montana, Arizona and Florida no leading State. With the exception of those we have the largest proportion of prison population to the other population of any State in the Union. Why? Many will tell you that it is because we are away on 50 Report and Manual for Probation Officers the border line. But that isn't all. It is because our system is such that we are making men worse and not making them better. We put a man in San Ouentin or Folsom prison for a certain number of years, and we turn him out ; but while we keep him there, we just grind criminality right into him. We don't cure him. Can we ever expect to get out of our present condition, so long as we are making men worse instead of making them better? That is what we are doing. Now, we want this State to establish a modern reformatory. We want it to have a separate board of managers from the prison directors, because they are thinking of one thing; they look on the side of punishment. We want a board that looks upon the side of reformation. We want a separate board to manage a re- formatory of this kind. There are in our two prisons today about 800 men that would have been subject to this reformatory. It should be for men not under 16 and not over 30, and who had never been convicted of felony before. Think of it ! About 800 young men to fill an institution of this kind. But instead we are throwing them into San Quentin Prison. A boy arrived there not long ago, in knee pants, not 14 years old, on a 14-year sentence. I say that is a disgrace to any civil- ized community. (Great applause.) There are several other boys up there. He is not the only one. They range in ages all the way from 14 years up ; and we are putting them in there as associates with the vilest criminals that this country knows. Can we expect any reformation? In order to make the first advance in reform, it is necessary that we have a State reformatory ; and we hope that the delega- tion from Los Angeles County will come up to Sacramento this winter prepared to establish in this State a modern reformatory. As Dr. Barrows has told you, we will have the indetermi- nate sentence. Dr. Barrows drew a model bill for a reforma- tory in Oklahoma ; and through the courtesy of the commission- ers of charities of Oklahoma, I have a copy of that bill, and I hope that some good member of the legislature will take that bill, and with a few changes to suit our conditions, introduce the model bill which Dr. Barrows prepared for the State of Okla- homa. That is what we hope. Judge Wilbur has called attention to the fact that we have from two men up. to the cell. We have all that. We have no classification whatever: but we have a congregate system a mingling together of all of these prisoners. We have no prisons, as we might say : We have two great corrals. Nothing else. Report and Manual for Probation Officers 51 Two over-grown county jails in this State that we call prisons. Those prisoners ought to be graded into three classes, and with distinguishing uniforms, so that they can go from one class to the other ; and no prisoner can come out on parole until he has passed through a certain time in the first grade and has earned his right to parole. And in my opinion, although the time perhaps is not ripe in this State yet, no prisoner should come out of State- prison on a discharge. He should come out first upon parole, and be placed in a position which a State agent has provided for him, and then be looked after until he has served an apprenticeship outside, of, say, one year; when, if his conduct is good, he may be discharged. Such systems prevail in other states. And do you know, in Indiana, under the parole system in the reformatory and prisons, the earnings of the prisoners in ten years on parole amount to an enormous sum? More than a million dollars, I believe it is; more than a million dollars that they have earned outside while on parole; while, if kept in prison under the New York system or under our system, they would have been an expense to the State and would not have earned anything. So this whole system is a system of making men, instead of making criminals. Let us reverse the process that California has been going through, and let us make men for awhile, instead of making criminals. And I will guarantee that, if we can have such laws as these, in the course of ten years we will have fewer prisoners than we have today; and instead of standing among the first states in the Union in criminal population, we will stand down among the other states. The State Board of Charities can't do it. The State Board of Prison Directors can't do it ; unless the people of the State of California stand behind them all ; and then these reforms can be accomplished. I thank you. (Applause.) Mr. Hunsaker The Club is greatly indebted to Dr. Barrows and Mr. Gates for their addresses ; and we hope that Dr. Bar- rows will be with us on some other occasion, and that Mr. Gates will let the management of this club know when he expects to be in our midst, so that we can hear from him more at length. The club will now stand adjourned until next Saturday. The Delinquent Child By Judge Curtis D. Wilbur Before the Fifth California State Conference of Charities and Corrections, I 908 A boy of eight and a half years, awaiting trial in the deten- tion home, delivered himself of this bit of philosophy: "When a man gets caught at anything he has broken the law." We are still classifying the delinquent child in the same way as this small boy. We refer to the child who has "got caught" at some- thing, and has got into the juvenile or police court and been convicted of crime, as a "law breaker." This idea of classing the man or woman who has been "caught" as a criminal, and ignor- ing the fact that there are hundreds of men and women, boys and girls, who have done the same thing, and have not been "caught," is one which still obtains in our work with the chil- dren. We find certain institutions for child saving who decline to take boys and girls who have been in the juvenile court. Why? Simply because they have been "caught" doing something which is not approved of in our daily life. We are the same. We rub elbows with men and women in the street car, clubs, or even the church, who have committed crimes, who we perhaps know have committed crimes, but until they are caught and brought into court we are apt to disregard or overlook this fact, but when they are once brought into court we take great pleasure in snub- bing them. I am emphasizing this fact because it lies at the very foundation of juvenile and reformatory work. It is neces- sary for us, if we are to be successful in adult parole or probation work, or in juvenile court work, to demand that public opinion recognize the fact that the boy or girl who happens to be caught, the man or the woman who has not been shrewd enough to escape, is no worse than the one who has not been caught. I think that in the work in the juvenile court in Los Angeles county there have been presented to me more than 2,000 cases which we have dealt with in some way. I believe that it is true that our probation officer and police officer could go out, and in one afternoon scare up more than that number of boys and girls who are worse morally than the children in the juvenile court; boys and girls who are doing things that we do not permit the juvenile court boy or girl to do. 1 believe one of the first places to which the officer would go on such a quest would be the Report and Manual for Probation Officers 53 messenger offices. This is entirely outside of our jurisdiction and it is the duty of society to help these boys. A member of the messenger force told me that every member of that force (thirty) was using cocaine. Three of them testified to the same thing. I asked a police officer if he believed this was true, and he said he did from his experience with the boys. A farmer boy who came to the city to work testified that he had been working on the messenger force, and that, while he did not feel at liberty to tell us exactly what he knew, the common and accepted thing among messenger boys was that every boy on the force was unchaste. The results are so obvious that it is unnecessary for me to explain. If we are to deal at all with the question of the delinquent child, we must seek out the cause of delinquency. The per- manent value of the work of the juvenile court is not only that a great many boys and girls have been saved from lives of crime to lives of usefulness and decency, but the fact that we are work- ing to seek out the cause of their downfall and to remove such cause. The first thing we find is the defective home. The task of finding the exact cause in the case of every delinquent or de- pendent child is not an easy one. We will find in almost every case certain conditions that stand out and appear to the obvious cause of delinquency, and yet, if we get at the root of the matter, we will find that this is not the case. Defective home conditions, the loss of father or mother, the widowed mother seeking to earn a bare livelihood for herself and children, unable to exercise any discipline or give any moral discipline, are contributing causes. I will only refer to the man who has gone wrong, or to the woman who has gone wrong, and has deserted the family or re- mains in it an example of depravity, leading the children astray. Then comes the physical defects. I am glad to say that in our juvenile court every boy or girl receives a physical examina- tion. I think that this is absolutely essential. A boy was arrested for assaulting his mother, at least that was the charge made, but when she came to court it was a very mild affair. The boy had been suffering for years with adenoid growth in his throat to such an extent that the bony structure of his head was affected. The brain cavity was smaller than it should be, but there were some other physical defects more startling, and these were enough to account for the incorrigibility of the boy. The number of children who have been operated upon for physical defects, in the juvenile courts of Los Angeles, I should guess at 30 per cent. I was talking with the Governor of this State on the subject, and he asked me what authority we had to operate on these children. 54 Report and Manual for Probation Officers I hadn't thought of that before. Why worry over the law when a little common sense exercised in the right place will solve the problem. I do not want to detract from the law, but where a judge and a doctor advise that an operation will help the boy to be better, ninety-nine out of one hundred parents will want to have it done, and the only question is the question of expense. We must solve the problem in this common sense way. Among the causes of delinquency in children is the reading of cheap literature. One boy who had confessed to something like fifty burglaries when asked if he had been reading novels, said he had, but he didn't know how many. When I asked him whether it was one, fifty or five hundred, he answered, "five hundred." There are books exposed publicly on your streets, for they are in Los Angeles and San Francisco, for sale which I wouldn't dare to read. I wouldn't even read them to find out what is in them so as to warn others not to read them. That is the common excuse. You may be able to think of some of these books to which I refer. We must do away with vile and obscene literature and pictures. We speak of first offenders. Let me remind you that we do not know anything about first offenders. It is the first time they have been caught. Please remember that. I remember when I first took up the work I thought if a boy came back the second time he should be punished, and if it was the third or fourth time, it followed as the night the day, that something radical must be done. In my own work I have abandoned any such measure. We say much, and have said much, about the habit of wrong doing. We have apparently not realized that there is just as much to be said about the habit of right doing. We are commencing to feel in our work in Los Angeles in the case of a boy who played truant every week, that when he be- comes a truant only once a month, or only once in six months ; or in the case of the boy who used to steal every time he got a chance, and who now steals less often, that we are gaining ground and establishing habits of right doing. \Ve have a plan of keeping the records of the boys and girls graphically, so that they can see how they stand. The boy who has made a good record, but has committed a second offense, is given a new chance. This has met with almost startling success. We have had boys who when on probation refused to report, boys on pro- bation who had committed other offenses and with whom we felt something radical must be done. Several times when on the verge of sending a boy to the Whittier or Preston school I have hesitated and continued the case a week, requiring the boy to Report and Manual for Probation Officers 55 report to me the next week, and so I have dropped on this ex- pediency of requiring the boy to report in open court at regular intervals until we find he can be again trusted to report to the probation officer. SPECIAL SCHOOLS. We have in Los Angeles four special schools, presided over by men of mentality and muscle, and to these ungraded rooms the truants are sent. The teachers claim that their school attend- ance is better than that of the other schools in the city. BOY TRAMPS. The problem of the boy tramp, the boy that will not "stay put," is the hardest. We will have the solution of the problem when every county has a juvenile court, and every boy caught riding the brakebeam is taken into court and returned to his locality.* If we are to deal with the child or the man with a view of reforming him, we must deal with him in a way that he will know he will get a square chance even if he tells the truth con- cerning his offense. There are grave consequences to telling the truth. But I want to tell you that at least 98 per cent of those coming before the juvenile court have practically confessed their guilt. They have the idea that they stand better with the judge if they tell the truth, and after all, what a man most wants is to stand in well with the judge who has his fate in keeping. Two boys were talking about this. One said, "Well, I am going to tell the judge the truth." The other replied, "Well, you must be a friend of the judge." The reply was, "He is a friend of all the boys." We must have that spirit among the "boys and girls, and to a large extent among the men, if we are to be successful in our probation work. *This is now being done. "Our grand business is not to see what lies dimly in the distance but to do what lies clearly at hand." Carlyle. "To improve the golden moment of opportunity and catch the good that is within our reach, is the great art of life."- Tohnson. Instructions of Judge Curtis D.Wilbur to the Probation Officers April 7, 1909 PROBATION OFFICERS PEACE OFFICERS. Judge Wilbur I want to spoak to you this morning con- cerning the duties of the probation officer. Of course I will not take the time to speak of the duties as outlined in the statute, which you can find by turning to the statute itself; except to remind you that the new law for the first time makes probation officers peace officers, so you have the same powers of arrest that a sheriff or policeman has. ARRESTS. I will not go into details with reference to those powers. That you can take up later. The purpose in making that change in the law was not only to enable the probation officers to serve processes, but also to make arrests, principally in the case of children. Heretofore the probation officers had no authority to make arrests of children, except in their capacity as citizens, unless those children were already on probation and under the supervision of that particular probation officer. The new law, as I say, gives the same power of arrest that a peace officer has. Indeed you are peace officers, and the purpose of the law, as I have indicated, was to give that power with special reference to children and also with reference to the offenses concerning chil- dren. You understand the power is not limited in the law itself, but J am giving you my ideas as to the limitations under which you should act. I will not take the time now to inform you as to the right of arrest, except to say in a general way that the right of arrest in case of any individual citizen is very much the same as that in the case of a peace officer, except that the peace officer has a right to act upon information furnished to him, while the citizen who arrests, arrests at his peril. In other words, if a peace officer is informed in a way which would lead him to be- lieve that an offense had been committed, he has a right to arrest, whereas if a citizen makes an arrest under such circumstances, Report and Manual for Probation Officers 57 and the offense is found not to have been committed, he would be liable for false imprisonment. I believe you should ordinarily confine your exercise of the right of arrest to cases in connection with the work of child reform. DUTIES GENERALLY STATED. A Northern probation officer in writing concerning the new law made this very happy remark concerning the new Juvenile Court Law : "Now, the gospel has been made the law." And what I want more particularly to speak about, is the spirit of the Juvenile Court Law. You are charged as officers with the most important trust placed in any set of officers. Jesus Christ said of his mission that he came to seek and save those that were lost; and that is exactly the mission of the probation officers, to seek and to save those that are lost. I want you in your thought and in your prayers * to realize that this is a most important criterion. There will, of course, have to be, with as many probation officers as we now have, some system of distributing the work, but you will realize that all of you are charged with the high duty of doing your best for those who are put in your charge and to further the general work of child bet- terment in this county and indeed throughout the State. It is as impossible to define the duties of a probation officer as it is to define the duties of parents. Both can be defined, but of course must be defined in the most general terms. The duty of a parent as far as the law is concerned can be summed up in the duty to support, nurture, and educate the children confided to their cus- tody. But you know this is as broad as life itself. So, the duty of a probation officer in connection with the children in his or her custody is as broad as the problem of life. You will be called upon to consider in your work the ques- tion whether certain people shall be allowed to marry, the effect upon them, and upon the community; whether parents shall be allowed to have the custody of their children; how that custody shall be modified. You will be called upon to instruct parents in their obligations. There is one thing which perhaps I have already covered, which need not be said to those who are in the work, that the first essential in all this work is kindness. But kindness without firmness is weakness, and there must also be firmness. The new law is a long step beyond anything, so far as I know, that has ever been hitherto contemplated in fact, it in a large measure abolishes punishment in dealing with the child 58 Report and Manual for Probation Officers problem. I believe that punishment is essential, but it must be devised to fit the case. BLUFFING. Bluffing I do not approve of, and it is not necessary. We had a man connected with the work who brought a great deal of discredit upon us because of his effort to continue the tactics of the police detectives. I think it has been demonstrated that we can get the truth from these children by kindness, and I re- gard it as one of the first essentials in this work that you should get the truth. Confession is not only good for the soul, but it is essential to reformation. I have asked Captain Dodds to make some assignment as to the hours of work, and by that I mean of course the hours when you will be required to be at certain definite lines of work. FINDING YOUR OWN WORK. I consider that it is essential in a probation officer that there shall be individual initiative. That is, that you should not wait for somebody to point out work, but you should find it. I am anxious that as the work develops we shall take up those prob- lems that we find are touching child life; for instance, the sale of obscene literature. There is plenty of it sold here in the city, and it is very easy to find it and prosecute those cases, and I want that done. For instance, I suppose there are dozens of sta- tionery stores here in the city selling the Decameron of Boc- caccio, a nasty, obscene book. They ought to be prosecuted for selling it, and there is plenty of law to enable you to do it; if those matters are brought to the attention of the city prosecutor with the complaint and the evidence they will be prosecuted. It will be part of your duty to adjust difficulties you find in the home, and of course here is the place for the exercise of the utmost tact. It is essential to the good of the work that we have the co-operation of the parents; and perhaps with one or two notable exceptions I think so far in our work we have had the co-operation of the parents before we finished with the case. When they are persuaded that the purpose of the officers of the law is to assist them in bettering their own condition and the condition of their children they are apt to accept the advice and suggestions tact full}- offered, and in the spirit in which they are offered. Here, as in all other branches of the work, the indi- vidual tact and judgment of the probation officer is required and is essential to success. Report and Manual for Probation Officers 59 RELATIONS WITH THE COURT. In regard to your relation to the court, and particularly with relation to the judge of th.e court. It goes without saying, I take it, that it is the duty of the probation officers to uphold the dig- nity and authority of the law and of the court. To inculcate in both children and parents the idea that it is a privilege extended to them to have the ministrations of the court and probation officers instead of the harsh punishments inflicted under the crim- inal law. It is well for you all to bear in mind in that connection that any case brought before the juvenile court can be sent to the police court or the Superior Court for proceedings under the general law with reference to the punishment of crime. This, however, tinder the new law is confided entirely to the judgment of the judge of the juvenile court. It will be the purpose of the judge of the juvenile court to sustain, as far as he consistently can, the acts of the probation officers, and the judgment of the probation officers. In this connection, however, I want you all to bear in mind this fact: That the judge of the court must view all problems relating to children and adults from a somewhat different attitude than the probation officer. He must consider not only the welfare of the child, but also the character of the offense involved, its general effect upon the public, and in doing so must bring to bear his knowledge of the law as a whole. I do not mean by this to say that you should not also consider these same matters, but the judge is supposed to be a trained lawyer, able to understand the general purpose of the law as a whole, and there may be considerations arising from this broad field of the law which may not have occurred to you in your work. But it is essential as far as possible that there shall be the utmost harmony between the probation officers and court, and as I have said that the hands of the court be upheld by the probation officers. WHAT IS THE JUVENILE COURT? The juvenile court is largely what we make it. We have had on the statute books of this State for the last thirty years a law almost as good as the Juvenile Court Law which preceded the present one, but it was absolutely a dead letter ; it was never enforced ; and no attention was paid to it. It should be your general purpose in dealing with children to find out everything you can about them and their family rela- tions in so far as it affects the welfare of the child. 60 Report and Manual for Probation Officers In this connection a physical examination by a physician and his advice in relation to what shall be done for the physical betterment of the child is advisable. I will not go into details on this because it is already in hand, and Captain Dodds and Mrs. Byram will be able to explain the details concerning the matter. ADULT PROBATION. In regard to adult probation and I may return later to juvenile probation to explain some of the provisions of the new law adult probation is a comparatively new scheme. It must be handled with the utmost discretion by all concerned. You have this advantage, and this disadvantage. You are appointed by the judge of the juvenile court, and yet under the law it is your duty to act as probation officers for all adult probationers in the county, whether from the justice or superior courts. It will be assumed that you will be able by reason of the services you may render to the judges in connection with this adult probation work, to establish yourselves in relations of friendly intercourse with the judge handling the adult cases. It will be necessary for you to use the utmost tact and good judgment, for it will be you that will shape the future policy of the adult probation plan. That policy, of course, will be subordinate to the judge who has the particular case in hand, but nevertheless you should have in your own mind a general policy and endeavor so far as possible to bring the individual cases in mind to that policy. I hope to arrange a meeting at which one or two criminal judges and per- haps the two police judges and all the probation officers may be in attendance in order that the whole subject may be dis- cussed. Of course every judge has his peculiarities, as every man has, and his own ideas. Those you will have to bow to and har- monize with as best you may. THE JUVENILE COURT LAW. Now, to return to the Juvenile Court Law. I will not under- take to go into details concerning the new Juvenile Court Law, but I want you all to study this first section of the new law and get familiar with the breadth of that provision. I want specially to call your attention to subdivision 11 of the first section defin- ing a dependent child to be one who persistently refuses to obey the reasonable and proper order or direction of its parent or guardian. Report and Manual for Probation Officers 61 DISOBEDIENCE VS. INCORRIGIBILITY. You see the advantage of this ; it enables a child who is dis- obedient to be brought before the court without alleging incor- rigibility. It takes off that taint which comes, I believe, from alleging that a child is "incorrigible and vicious." (The other details of this section I will not go into except to call attention to the new definition of habitual truancy.) CIGARETTE AND DRUG HABITUES. I also call your attention to subdivision 15: "Who habitually uses intoxicating liquor as a beverage or habitually smokes cigarettes or who habitually uses opium, cocaine, mor- phine or other similar drug, without the direction of a competent physician." I think it would be well to inaugurate some prosecutions simply on the ground of habitual use of cigarettes, for this rea- son : it will attract the 'attention of the child to that proposition very forcibly and will concentrate the effort largely upon over- coming that habit which is so often at the bottom of a good deal of difficulty in the child. * * * . PARENTS' RELATION TO THE COURT AND THE LAW. "No child shall be taken from the custody of its parent or legal guardian without the consent of such parent or guardian, unless the court shall find such parent or guardian to be incap- able, or has failed or neglected to provide proper maintenance, training and education for the child, or unless such child has been tried on probation in said custody, and has failed to reform, or unless the court shall find that the welfare of said child re- quires his custody shall be taken from said child or guardian." In Ex-parte Ricknell 119, Cal. 496,* it was held that the Whit- tier State School Law providing that a child charged with crime might be tried before the court and sent to the reform school without a jury trial was unconstitutional. That decision would render this law absolutely unconstitutional from start to finish (excepting the appointment of probation officers) were it not for this section I have just read. In other words, what I want to emphasize to you is this: That the minute we undertake to take a child away from its own home, excepting perhaps mere temporary custody in the detention home pending a hearing, we must rely upon the consent of the parent as authority for so doing, unless the parent is at fault, within the meaning of this section; and I will say to you that the constitutionality of the 62 Report and Manual for Probation Officers following 1 portion of this section has not been tested : "* * * or unless said child has been tried on probation in said custody and has failed to reform, or unless the court shall find that the welfare of said child requires his custody shall be taken from said parent or guardian." I am inclined to think that the clause, "or unless a court shall find that the welfare of said child requires his custody to be taken from said parent or guardian" is uncon- stitutional ; and I don't want you in your proceedings to rely upon that clause in the law. PARENTS' CONSENT HOW? In drawing up blanks, a blank has been provided for the parents to sign which expressly consents "to such order as the court may make." Where this is done it will give the court full jurisdiction. Blanks have also been prepared expressly giving the consent of the parents to the orders of the court thereafter to be made. Blanks have been prepared in which it is alleged in the petition that the parent is incompetent ; and of course that if true would give the court full jurisdiction. The importance of this phase of the work I am trying to em- phasize to you by showing you that the law practically ties the hands of the court unless this consent is obtained. When we begin to deal with children between sixteen and eighteen* years of age it is particularly important that the court have full jurisdiction, and to that end it may frequently be neces- sary for the judge to send the case back to the justice court to be brought up and handled as an ordinary criminal case to the point of conviction or plea of guilty. Those of us who are in the work realize that it is essential that the case be fully in the hands of the court from the start, because we are experimenting with these children. We might be willing to let the child go to its own home, and remain in the custody of its parents or the supervision of the probation officers, but it may develop very quickly that this should not longer be done, or it may be a year or two years before that fact is developed. It would bring the whole proceeding of the court into disrepute if at the end of two years we find that a boy who had committed highway robbery, for instance, was before the court and that nothing could be done without going back and trying the original case in the police court for lack of parental consent. In relation to all the serious offenses of boys over fourteen the general policy will be in the event that the consent of the parents cannot be obtained before the matter comes up, or at *Now twenty-one. Report and Manual for Probation Officers 63 the time of the hearing, to send the case to the justice court for examination and back to the Superior Court for trial so that the complete jurisdiction may be had.* COMMITTMENTS TO WHITTIER AND PRESTON. With reference to committments to the two State Schools, this cannot be done, under the last-mentioned provision of the new law, without the consent of the parent, unless the parents come within the exceptions last stated. * * In this connec- tion I call your attention to Section 18 of the Juvenile Court Law which provides that in cases of children between eighteen and twenty! accused of a felony the defendant may request the court to consider an application on his part to be committed to the state school and dealt with as delinquent under the provisions of this law. I am calling your attention to that for this reason. Many of these boys between eighteen and twenty! are ready to plead guilty, and it may be possible in certain' cases that they will avail themselves of the right to request the court to send them to one of these schools without a trial, and without a plea. When that application is made by the defendant for committment without plea or without trial the judge will determine whether that should be done, and I say to you that one of the questions which will be considered by the judge in determining that is whether or not there is a fair chance that they will reform. If there is con- siderable doubt about it then I will, if it is before me and by the way these cases may not come before me hereafter if there is considerable doubt about it, I think it is better to take the plea of guilty or let the young men stand trial and be committed with a suspended penitentiary sentence over their heads, so that if they do escape from the reform school or misconduct them- selves there, they can be at once without further trial sent to the penitentiary. I think I have covered in a broad, general way, the duties of the probation officer. I want to recur to what I said in starting out. that the whole work is essentially reformatory. The whole work will be largely dependent upon the conscientiousness with which you accept the responsibilities which will be thrown upon you. It is very important that you go into this work in a spirit of helpfulness and the spirit of Jesus Christ. I trust that you will work prayer- fully, and will seek in your efforts for these children the help of *Consent has been given in every case but one. tNow twenty-one. Report and Manual for Probation Officers Almighty God. Without His help the work will largely be a failure, and with it it will be a success. I think you can count yourselves happy in starting this work that it is already firmly established in the popular mind as a good work. This has been no easy task. I have had the pleasure of contributing in some measure to that general opinion ; Judge Lindsey of Denver probably has done more than any other one man to bring that to pass. Do not forget that success in this work will depend absolutely upon the co-operation of the public and their belief in the work. It is therefore a part of our duty so far as possible to have our case understood. If we get back to the old impatient spirit which threw every man and child con- victed of a felony into the penitentiary our step backward will be much longer than the step has been forward. To that end and for that reason I hope that you will prepare yourselves as you go about your work with such helpful incidents as may evoke popular approval, and as opportunity offers you will address various organizations upon the subject of the juvenile court work. I say this is essential. I am not speaking of political popularity or anything of that sort, but the public must have patience with these boys. If the boys steal a second or a third time we want them to be still willing to struggle for the betterment of the children. I think I have covered in a general way the scope of the work. ADULT CONTRIBUTORY LAW. The Court I expect during the early stages of the work, under the new law, to assist you more than I will later, because the work will be new. You are fortunate in having assigned to assist in the work Mr. Keetch of the District Attorney's office. I have not said a word about the adult contributory law. I have not myself made a study of it. It is copied from the Colorado law. I am very anxious that the first cases under that provision shall be tried in court and prosecuted by an attorney. It will probably involve a jury trial, and while I won't predict what I may do in advance, it may be that some of these people will see a new light before very long. SECOND OFFENSES.* I am inclined to think that it may be the best policy in deal- ing with a boy or girl who has committed a second felony, such as burglary or robbery, both because of the psychological effect on the child and because it will put beyond all question the *The final outline of this head has never been followed. Report and Manual for Probation Officers 65 jurisdiction to have the matter called to my attention as a second offense, to have it sent back to some justice court and a complaint filed in the orderly way and the matter brought up to judgment; and the child be then dealt with under the Juvenile Court Law, which can be done by placing them on probation, under the law. I think it will have a very good effect on some of those offenders to feel that there is something different being done, that is not quite the same as it was; that they are in a little different atti- tude toward the court than a first offender. I am speaking now of this as a general policy. Of course a case comes to me in the first place, anyway, but I will determine each case as it arises. CO-OPERATION WITH PEACE OFFICERS. In these investigations of amusement places, indeed almost any part of the work, I think you will be able to get, not only in Los Angeles, but throughout the county, the hearty co-operation of peace officers. Of course where arrests are made by you there will be no fees charged. If they are made by policemen there will be no fees. If they are made by a constable in the country there will be fees. As far as I am concerned, while I believe that the juvenile court plan will be a great saving, I have never adopted the theory that it was the purpose of the law to prevent officers from getting their legal fees for doing their work properly, and you will probably find that where you can get the co-operation of constables in the country in getting at certain lines of work and making arrests, it is a good plan to do so ; not only because you will not have time to do it all yourself, but because it inter- ests them in the work. They will get their pay for it in the usual way. I think, if I can in this confidential way speak of Judge Lind- sey's work, one of the mistakes he made, and it may have been essential to the work as he originated it there, was in antagoniz- ing all the peace officers. He did it deliberately and purposely, and spoke of it here ; ridiculed the police, and very effectively, too ; but he expressed to me after three or four years the opinion that perhaps he had made a mistake there, and I thought at the time it was a mistake. These men are charged with the same duty you are, and if presented to them aright they will fulfill it. Xo man can afford to fail in his duty towards children where it is liable to be called to the attention of the public. OUTLOOK. A word in regard to the outlook of the work, in addition to what has been said. The opportunities for dealing with these questions are almost unlimited when we reflect that in some 66 Report and Manual for Probation Officers jurisdictions over sixty per cent of the criminals are under twenty-one years of age; that we deal with practically all that class under this law up to twenty;* and that a large proportion of the inmates of houses of prostitution are girls that come under this law because of their being under eighteen years of age. So you see that we have a gigantic problem, yet it is a problem which we can tackle very hopefully. This will be transcribed and copies of it handed to you for your information and consideration. Instructions to Probation Committee Concern- ing the Nomination and Appointment of Probation Officers given in April, 191 1 To the Members of the Los Angeles County Probation Com- mittee : On April 5th, the Governor of the State of California signed a bill amending the Juvenile Court Law. This law provides for the appointment of thirteen new probation officers in addition to the seven already appointed in this county. Said appointments are to be made by the Judge of the Juvenile Court upon the recommendation of the probation committee in such manner as he may direct. In accordance with that provision of the law, it is my duty to indicate to you the general principles which should control you in making your recommendations for probation offi- cers. In making your recommendations, 1 desire you to be gov- erned by the following considerations and that you shall proceed in the manner herein indicated. NON-PARTISANSHIP. Independent of the general movement toward civil service in all departments of the government, it has been from the first con- sidered of the utmost importance that probation officers should be appointed solely with reference to merit. This, not only be- cause of the fact that the best material should be secured for probation officers without regard to political consideration, but also because of the fact that, so far as possible, the term of the probation officer should be continued as long as possible so that the public would get the advantage of the increased knowledge and experience of probation officers. It is peculiarly important that probation officers should be independent in disposition and *Xo\v twenty-one. Report and Manual for Probation Officers 67 independent of political influences, for the reason that they essen- tially represent the interests of the defendant child or man in criminal cases. This attitude may bring them into hostility with prosecuting attorneys, police officers and peace officers. It is even more essential that a probation officer should be independ- ent of political influences than for a school teacher, for the proba- tion officer during his term of office is constantly dealing with questions involved in the active exercise of political and govern- mental functions. HISTORY OF NON-PARTISANSHIP IN JUVENILE COURT. The first Juvenile Court Laws enacted throughout the coun- try, and the first one in this State, provided for probation officers without compensation. The purpose of those who advocated the passage of this law was to require the salary of the probation officer to be raised by popular subscription and thus prevent the office falling into the hands of politicians. Experience has ap- parently demonstrated that it is safe to make provision for the payment of such officers from the public treasury, but the neces- sity of non-partisanship and independence from political in- fluences is even greater than when the law was first enacted, be- cause of the fact that by subsequent legislation probation officers are required to make reports in the case of adults applying for probation and to exercise the power of a probation officer over such adults. It is my desire, therefore, that political influences and consideration, or party affiliations, should not be considered by your committee in making its recommendations. SUPERVISING POWER OF PROBATION OFFICER. The Juvenile Court Law [Sec. 20] provides that children un- der the jurisdiction of the court may be placed out "to board in some suitable family home in case provision is made by voluntary contribution or otherwise for the payment of the board of said person until suitable provision may be made for said person in a home without such payment ; or the court may commit said person for such time before such person arrives at the age ef twenty-one years as to the court may seem fit, to the care and custody of some association, society or corporation that will re- ceive it, embracing within its object the care of dependent or de- linquent children. The court may thereafter set aside, change or modify said order and provide for the further deten- tion in said place." It will be observed that the duties of the pro- bation officer not only relate to the report upon and presentation ot the case of the child at the time of the hearing of his case, but the general supervision of the child no matter where placed ex- 68 Report and Manual for Probation Officers cept only in the case of a State [or other]* institution after the determination of the fact of dependency or delinquency. That after such determination the probation officer has the power and it is his duty where necessary to return said child to court for further order or disposition. CO-OPERATION OF PARENT AND COURT. In connection with the duties of a probation officer and the power and attitude of the Juvenile Court, it is important to recog- nize the fact that while the Juvenile Court deals constantly with children who have been guilty of crime, it is in no sense a crimi- nal court. There is no provision for a jury trial. And no matter what crime the person may be accused of in the Juvenile Court as a basis for an adjudication of delinquency the child cannot be taken from the home of the parent without the consent of that parent. THE DUTIES OF A PROBATION OFFICER. So far as defined by the Juvenile Court Law the duties of probation officers relate to dependent and delinquent children and persons under the age of twenty-one years. The law provides ; "Section 13. * * * all of such officers shall devote their entire time and attention to the duties of their offices, and no such probation officer or assistant probation officer, while holding such office and receiv- ing salary therefor, shall be a candidate or seek the nomination for any other public office or employment, and no person shall be appointed to and receive the salary attached to such office of either probation offi- cer or assistant probation officer who is related to the Judge of the Juvenile Court or to a member of the pro- bation committee of such county, or city and county, by consanguinity or affinity, within the third degree computed according to the rules of law. Such proba- tion officer and assistant probation officers may at any *Xote: Xo dependent or delinquent person as defined in this act shall be taken from the custody of his parent or legal guardian, without the consent of such parent or guardian, unless the court shall find such parent or guardian to he incapable, or has failed or neglected to provide proper maintenance, training and education for said person; or unless said person has been tried on probation in said custody, and has failed to reform, or unless the court shall find that the welfare of said person requires his custody shall be taken from said parent or guardian. Report and Manual for Probation Officers 69 time be removed by the Judge of the Juvenile Court in his discretion." "Section 15. The probation officer shall inquire into the antecedents, character, family history, en- vironment and cause of dependency or delinquency of every alleged dependent or delinquent person, brought before the Juvenile Court, and shall make his report in writing to the Judge thereof; * * "It shall be the duty of said probation officer * * * to be present in court in order to represent the interests of the dependent or delinquent person when the case is heard and to furnish to the court such in- formation and assistance as it may require and to make such report at such times; and to take charge of said dependent or delinquent person before and after the hearing as may be ordered. Every probation officer, assistant probation officer and deputy probation offi- cer shall have the power of a peace officer. At any time, in his discretion, such officer may bring any de- pendent or delinquent person committed to his care before the court for such further or other action as the court may deem proper. "Every probation officer shall have the powers of a school attendance officer, in such portions of the county, in which such probation officer has been ap- pointed, as otherwise provided with a school attend- ance officer, and shall exercise such power when not inconsistent with his other duties. "Any of the duties of a probation officer may be performed by an assistant or deputy probation officer, and shall be so performed whenever directed by the probation officer ; and it shall be the duty of the pro- bation officer to see that his assistants and deputy pro- bation officers perform their duties. "No dependent or delinquent person as defined in this Act shall be taken from the custody of his par- ent or legal guardian, without the consent of said par- ent or guardian, unless the court shall find such parent or guardian is incapable, or has failed or neglected to provide proper maintenance, training and education for said person ; or unless said person has been tried on probation in said custody and has failed to reform, or unless the court shall find that the wel- 70 Report and Manual for Probation Officers fare of said person requires his custody shall be taken from said parent or guardian." This is in accordance with the declaration of constitutional law contained in the case of Ex Parte Kicknell, 119 Cal. 496, for in it was said, with reference to a commitment to Whittier in accordance with the terms of the statute creating that institution as a judgment of imprisonment, the order of the Superior Court is void. "The hoy cannot he imprisoned as a criminal with- out a trial by jury. As an award of guardianship it is equally void, for his parents his natural guardian cannot be deprived of their right to his care, custody, society and services except ny a proceeding to which they are made parties, and in which it is shown that they are unfit or unwilling or unable to perform their parental duties. In case it seems to the court neces- sary to deprive a fit and proper parent of the custody of his child and that parent refuses to consent to such order of the court, it becomes necessary to send such child before the criminal court to be tried in the manner provided by law for the trial of persons charged with crime." It is worthy of note in this connection that in the last two years it has only once been necessary to make such an order. ADULT PROBATION. In addition to the work of the probation officers as defined by the Juvenile Court Law, they are also made ex-officio the pro- bation officers for the criminal courts: and men placed on pro- bation from the Superior Court or from any justice court in the county should be placed under the care and supervision of such probation officers, and said probation officers may be re- quired in advance to make reports upon the case of such an adult. This branch of probation work has been very efficiently ad- ministered in connection with the Superior Courts, but so far very little has been done in connection with the justices of the peace and police courts. POLICE COURTS. I am particularly anxious that the committee should arrange as soon as possible to co-operate with the police courts of this city. Report and Manual for Probation Officers There has been some agitation in favor of a police defender to represent defendants in the police courts and also for a chap- lain in connection with the work of the police courts. I am satisfied that most of the functions that either of these officials might exercise may properly fall to the lot of the probation offi- cer. In this I am not intending in any way to refer to what may be called strictly religious work. But merely to the work of ad- vice, counsel, supervision and co-operation. I may not be cor- rect in my opinion, but I have long been satisfied that the method of punishment of petty offenders by short jail sentences of from two to five days is utterly inadequate to meet the situation. While the system of suspending sentence and ordering de- fendants to leave the city is clearly improper and tends to make vagrants of men who perhaps might otherwise be redeemed. It is true that appellate courts have in one sense sustained a suspended sentence or "floater" by holding that a man may be rearrested and given the full term at a later time, treating the period during which he has been at liberty as an escape. It would seem much better to have the officers of the law conform to the law and deal with the situation by placing such men on probation, with the instructions, if need be, to the probation officer to assist such parties in reaching some definite and de- termined place, otherwise to retain them under supervision and probation. I trust that some plan may be worked out by which probation in police courts in this city and in other cities in the county may be made an adjunct to the efficient enforcement of law and the reformation of petty offenders. QUALIFICATIONS OF A PROBATION OFFICER. The foregoing outline of duties of the probation officer in- dicate in a general way the characteristics and the ability which a probation officer should have. They should be kind, con- siderate, conciliatory and, above all, should not be harsh, arbi- trary, domineering or dictatorial. They should be firm in seeing that their orders are carried out and particularly that the spirit of such orders should be given full effect, at the same time avoid- ing the harsh, arbitrary and dictatorial methods essential in a military establishment. They should be soft-hearted without being soft-headed ; they should above all things be patient, en- couraging honest efforts towards better conduct even though the result may not be equal to the effort; they should understand the main purpose of the Juvenile Court Law is to duplicate, so far as possible, in all cases, good home conditions for the child. They should understand the critical periods in childhood, and the 72 Report and Manual for Probation Officers extent to which psychological and physiological conditions enter into the work of reformation. They should realize the utmost importance of establishing and maintaining friendly relations with parents and relatives to the end that all may co-operate for the welfare of the child. They should realize that truthful- ness is one of the first elements necessary to reformation; that decision for right, confession, repentance and restitution are the corner-stones upon which character must be built. That right impulse must be encouraged, wrong impulses checked ; right standards held up to the child, and wrong standards condemned ; that the probation officer must always exert a strong pressure towards right doing, using suggestion, persuasion, encourage- ment, praise, condemnation, reward, and, in the background, punishment, as means to the end sought. The child must be instructed, so far as it is possible to instruct, to fear to do wrong, not because of anticipated punishment, but because the act itself is wrong. The officer should realize that so far as possible the problem should be worked out in the home, with the co-opera- tion of relatives and friends, of school teachers and others in- terested in child welfare. That one of the primary objects of the Juvenile Court Law is to avoid, so far as can be, the expense attendant upon keeping children in public institutions and re- form schools for long periods of time, and that parents and rela- tives should be required and encouraged to contribute to the maintenance of the children whether in their own home or in some institution selected for them. It should not be overlooked that one of the main purposes in the increase of the number of probation officers is to enable the more difficult cases to be closely followed up. It is exceedingly important, especially in the difficult cases, that there should be close supervision for the first few weeks, until the boy or girl is suitably placed and fairly established in the situation in which they may be expected to do right. RELIGIOUS EDUCATION. The duties of the probation officer are essentially those of civil officers, and they should be performed in the same non-sec- tarian and non-denominational manner to which we have become so accustomed in the public schools. However, the religious element is a strong factor, to say the least, in the upbuilding of character. That character is most secure which is founded upon the belief in the responsibility to God for human conduct. Religious considerations are therefore not to be overlooked in the placing of a child. The law directs that, "In all cases where it can be properly done the dependent or delinquent person as Report and Manual for Probation Officers 73 defined in this act shall be placed in an approved family with people of the same religious belief and become a member of the family by legal adoption or otherwise." It follows, therefore, that the wishes of the parent and of the child should be consulted on this subject when considering the family, or an institution as well, in Which it is contemplated placing said child. All tem- porary dispositions, as well as permanent, should be based upon this consideration, and parents should be encouraged to place their children under those religious instructors most acceptable to their religious belief. METHOD OF APPOINTMENT. It is important that those probation officers dealing with children should be acquainted with all the child saving agencies in the State and particularly those in the county of Los Angeles ; that they should know the character of work done by the various institutions, to the end that they may be competent to suggest the disposition to be made of the child under the order of the court. The probation committee, in making its appointments, should above all things satisfy themselves that the man or wo- man appointed can be a worthy ideal and a consistent example for the children under his supervision. I have assured all appli- cants for situations that they shall be heard by the committee, and I would suggest that some blank form requiring answer as to such qualification as the committee deems best should be pre- pared and furnished to all applicants, and that then such per- sonal hearing should be given by the committee as seems to them best adapted for the selection of the most meritorious appli- cants. OUT OF POLITICS. Probation officers should be informed that they will be ex- pected to refrain absolutely from any participation in partisan politics. They will not interfere for or against the Judge of the Juvenile Court or any other Judge of the Superior Court or any other officer either judicial or executive, and any such inter- ference will be regarded as sufficient reason to revoke the ap- pointment of any probation officer. The probation officers should so conduct themselves and so merit the continued approval of those in authority over them that they will be retained in their position regardless of changes in the personnel of the probation committee and regardless of the person who may be selected to act as Judge of the Juvenile Court. This does not, however, mean that the probation officer should be disloyal to the law, the Juvenile Court or the Juvenile Court Judge. In dealing with 74 Report and Manual for Probation Officers children and with parents it is important that they should have respect and regard not only for the law of the land, but for those who may be charged with its enforcement. Any attempt, there- fore, to undermine the authority of the probation officer of the court, or of the Judge of the Juvenile Court, or to cast discredit upon the law or its administration, is unworthy of an officer of the court, dangerous in its effect, and if established to the satis- faction of the Judge or probation committee, should lead to in- stant dismissal. Criticism of judge or court or officials or law is a poor foundation upon which to build the structure of reformed juvenile character. In this connection it is important also that the hands of all officials dealing with children should be strength- ened by the probation officers. Respect for teachers and for parents should be taught and should never be weakened except in the most extraordinary cases. Dated this 18th day of April, 1911. CURTIS D. WILBUR, Judge of the Superior Court, acting as Judge of the Juvenile Court. HUGH C. GIBSON Chief Probation Officer. Los Angles County. Qualified March 4, 1912 Instructions of April, 1912, Supersed- ing Preceding Instructions, so Far as They Conflict Therewith DUTIES OF PROBATION OFFICERS WITH RELATION TO CHILDREN IN CUSTODY IN INSTITUTIONS Section 15 of the Juvenile Court Law [Statutes 1911, page 666] provides as follows : "Provided, however, that only when the judge so specially orders shall he make such inquiry or report in the case of a dependent or delinquent person who has already been placed by the Juvenile Court in charge of a society, association or corporation which embraces within its object the care of dependent or delinquent children, and which has in the last report thereof by the probation committee of such county been favorably passed upon. In the event that such association or corporation shall be so in charge it shall, through its agents or superintendent, make such report to the Judge of the Juvenile Court in place of the probation officer. It shall be the duty of said probation officer, agent or superintendent of such society, association or corporation to be present in court in order to represent the interests of the dependent or delinquent person when the case is heard, and to furnish to the court such in- formation and assistance as it may require and to make such report at such time ; and to take charge of said dependent person before and after the hearing as may be ordered. Section 8 of said law, defining the duties of the probation committee, contains the following: "It shall be the duty of the probation committee to exercise a friendly supervision and visi- tation over the dependent or delinquent person in accordance with the direction of the court, to furnish the court information and assistance whenever required, and, from time to time, to advise and recommend to the court any change or modification of the order made in the case of a dependent or delinquent person as may be for the best interests of such person." MODIFICATION OF ORDERS. Judgments of the juvenile court stand on the same basis as judgments of any court of record. That is to say, ordinarily speaking, they are final and conclusive, and, if the proper parties have been served with the notice required by la\v, binding upon them and upon the whole world. The effect of a decree of the Report and Manual for Probation Officers juvenile court adjudging a child to be either dependent or delin- quent is a determination of the status of that child. And from that time forward he becomes and is a dependent or delinquent person as denned in the law. However, the court is given power by the statute to modify or change its orders at any time. Section 22 of the act provides: "Any order made by the court in case of a dependent or delinquent person may at any time be changed, modified or set aside as to the judge may seem meet and proper." Section 15 of the statute provides in regard to probation officers as follows : "At any time in his discretion such officer may bring any dependent or delinquent person committed to his care before the court for suc4i further or other action as the court may deem proper." METHOD OF BRINGING A CHILD INTO COURT. The question as to how a child should be brought before the court is not definitely fixed by the statute. Ordinarily there should be some process of court, either a citation, or in the event the citation would not be effective, a warrant. In the absence of a consent on the part of the person to come into court, or in the absence of a direction of the parents or consent to bringing said child into court, the better practice would be to file a petition with the court and secure a citation or warrant. This of course need not apply to children already in custody, or the children arrested under the general authority of probation officers acting as peace officers. With reference to children in an institution under an order of court, they should never be brought into court by the probation officer unless at the request of a person connected with the institution, or upon a citation or order of court. This, of course, would not apply to children who escaped from custody, and were therefore brought into court for such further or additional orders as may be necessary in the premises. POLICE CASES. Most of the cases which come before the juvenile court are brought by the police officers of the City of Los Angeles. The police department has established a juvenile bureau. It is desired that the probation officers shall co-operate with the police in bringing about a speedy hearing of cases. Petitions for the police officers will ordinarily be drawn by the Deputy District Attorney attached to the juvenile court. The police of Los Angeles city have co-operated in every way with the probation officers and with the court, and in view of the fact that a large proportion of the crime committed in Los Angeles is committed Report and Manual for Probation Officers 77 by those who come under the jurisdiction of the juvenile court, it is important that cordial co-operation should exist, so far as is consistent with the relative duties of probation officers and police officers. OVER EIGHTEEN. In this connection it should be noticed in cases where the age of eighteen has been reached by either boys or girls, that, under the present Juvenile Court Law, the complaining officer or indi- vidual has the option to proceed under the criminal law or to file a petition in the juvenile court. This option on the part of police officers makes it particularly important that there should be co-operation, especially with relation to these cases. Not- withstanding that complaints or informations may be filed in the criminal court, these cases, in that court, may be dealt with, if desired by the defendant (and such application is granted by the judge), as though they were charged in the juvenile court with dependency or delinquency. That is to say, they may be put on probation or sent to the reform school or otherwise dealt with as may be done in the juvenile court. It has been the prac- tice in some of these cases, in which the judges of the criminal departments felt it desirable that there should be action along the lines of juvenile court procedure, to transfer such cases to Department 8 of the Superior Court (the juvenile court). They are there handled as Superior Court cases, but dealt with in accordance with the Juvenile Court Law. TRUANCY CASES. Truancy cases, under the law, are to be dealt with by the probation officers in all districts where there is no truancy officer. In the City of Los Angeles this matter is well cared for by the School Department, and there are very few truancy cases brought into court. In some other districts in Los Angeles County there are truancy officers, but in most school districts there are not. In order to handle this question it will be neces- sary to appoint voluntary probation officers in these school dis- tricts, and where the school boards or school trustees of dis- tricts will recommend the appointment of a probation officer to act as truancy officer for their district, such appointments will be confirmed by the probation committee and the judge, where acceptable to them. VOLUNTARY PROBATION OFFICERS. Owing to the size of this great county and its large pop- ulation, it will not be possible to adequately cover all the cases that occur within its territory without the active co-operation of Report and Manual for Probation Officers a large number of officers throughout the county. Under the present law, when misdemeanors arc committed by children, the cases must be tried before the juvenile court. Up to the age of eighteen no other court within the county has jurisdiction. The result is that there is at present no adequate plan for deal- ing in a practical way with the children who have violated municipal ordinances in the various municipalities within the county. It is a serious question whether these cases ought to be brought to the Superior Court, but that question is decided by the law which fixes the jurisdiction there. Undoubtedly the pur- pose of the law was to prevent the imprisonment of children for minor offenses by justices or recorders who are not in sympathy with the general plan of dealing with children now provided by the Juvenile Court Law. In order to meet the situation presented, practically, and to avoid a large number of witnesses and parties having to come to Los Angeles from the outlying municipalities of the county, it seems desirable that a local voluntary probation officer be appointed in every city and in every township. Some justices of the peace have already accepted such appointments and will probably deal with many cases on the voluntary probation plan. It is desirable, as soon as it can be arangcd, that such voluntary probation officers be appointed throughout the county. VOLUNTARY PROBATION. The law recognizes no such thing as voluntary probation. It is a phrase coined to describe the situation where a boy or girl or the parents of the child desire the supervisory admin- istrations of the probation officer. The parents of the child and the officer may all consent that he be placed on probation. While so placed on probation he reports in exactly the same manner as though there was an order of court requiring him to do so. lut as the whole proceedings are purely voluntary, the probation may be terminated at any time at the option of any of those interested therein. The only thing that would tend in any degree to make voluntary probation really compulsory is the tact that where offenses have been committed, and where child- ren are really dependent or delinquent, they know that the law provides that they can be brought before the court, and that if brought before the court they may be placed on probation, and may choose, therefore, to do that voluntarily which they might by proper legal process be compelled to do. This plan of vol- untary probation has been carried out in almost every juvenile court in the country and by our own probation office. Experi- Report and Manual for Probation Officers ence apparently has demonstrated that it is not desirable in more serious cases to have the child held by so loose a tie, particularly in view of the number of runaways. But this system of vol- untary probation would undoubtedly meet the present unsatis- factory conditions outside of Los Angeles city, and particularly in the cases of comparatively trifling importance. ATTORNEYS. There is a current belief, encouraged by some juvenile court judges in some other jurisdictions, that it is not desirable to have attorneys appear in the juvenile court. On the contrary, it is very desirable that attorneys of good character and of profes- sional skill should apear in such cases. And their presence is always welcomed by the court, not only because they have a right to be present, but because of the actual assistance that they render to the court. Nevertheless it is a matter of some con- gratulation, perhaps, that the juvenile court plan as operated in this county gives an opportunity to a person to have questions concerning the welfare of children and their custody determined without the expense of employing an attorney. Even in habeas corpus cases, which the law has always provided should be tried without fees, so far as the court and clerk's fees are con- cerned, the expense of employing an attorney often deters people from rescuing children who have been taken from them illegally. In some instances this has led to oppression of the poor by societies or persons assuming authority over them but without any real authority in law. Petitions in the juvenile court are prepared by the probation officer or the district attorney, and no charge is made therefor. No court fees or clerk's fees are collected in juvenile court cases from the persons before the court. Applications for modifications of orders theretofore made are received in the most informal way, but hereafter they must be in writing as elsewhere herein stated. This opportunity, afforded by the juvenile court plan to every parent or person interested in a child, to have the question of its custody deter- mined in court without expense, is a tremendous advantage. Fifty dollars is not an unreasonable fee for an attorney for a single appearance in the Superior Court. There have been ap- proximately 13,000 hearings in the juvenile court, and if we estimate that there are two attorneys in each case, the expendi- ture for employing such attorneys would be $1,300,000. Our procedure is so framed that, in most matters, while each person has a legal right to represent himself in court, no one would adventure so to do. The adage goes "that the man who takes 80 Report and Manual for Probation Officers his own case has a fool for a client." Many attorneys have ap- peared in the juvenile court and have been of great assistance, not only in arriving at a just conclusion in the case before the court, but in providing ways and means for caring for the chil- dren involved in the cases which they have represented. Many attorneys, of course, have appeared without compensation or for very small compensation. They are necessary officers of the court. It is is not to be expected therefore that the plan of handling juvenile court cases in the absence of attorneys would be without its disadvantages. The practice has many disad- vantages. It throws upon the judge burdens not intended to be borne by a judge. The burden of asking questions of the wit- nesses, and of determining what questions he shall ask. Ordi- narily the duty of the judge in this respect consists in ruling upon the propriety of questions propounded by attorneys. If an attorney in a case asks a question seemingly improper or immaterial and the objection is urged that the question is im- material, attorneys may discuss the relevancy or materiality of the evidence and the judge after such instruction and enlight- enment rules upon the admissibility of the testimony. This burden upon the judge in those cases where improper conduct is involved is doubly great, for here in order to arrive at the truth and fulfill the measure of legal proof, it may be necessary to ask questions so direct and pointed, so suggestive of \vrong doing on the part of the person questioned as to evoke criticism. Rut with this small loss there is a great gain that no unnecessary question need be asked. An attorney can never know what is revolving in the mind of the judge, or in which \vay his opinion is inclining. He must produce all the proof, dig to the greatest depth in presenting his facts in order that he may win the judge to the conclusion he seeks. On the other hand, the judge has the advantage of knowing his own mind, and what the law requires and when the legal measure of proof is full. This means that not only many embarrassing questions may be left unasked and unanswered in those delicate cases involving girls, rape, seduc- tion, lewd acts, etc., but that business can be quickly dispatched, for when the measure is full the case can be determined and an- other taken up. Thus a case which might take days where attor- neys arc employed can be disposed of in a relatively short time, by the judge, not because the attorneys are dilatory but because of the fact that they are bound to do everything that can be done to establish the side ot the case that they espouse and also be- cause of the fact that they cannot know nor anticipate the con- clusions towards which the court's mind is pointing. Report and Manual for Probation Officers 81 Attorneys employed in cases will be furnished every facility by the probation officers to ascertain the facts and will be allowed to examine all the reports of probation officers. THE DISTRICT ATTORNEY. The district attorney of Los Angeles county has assigned a deputy from his office to the work of the juvenile court. This deputy draws the petitions for filing in the juvenile court. He presents the complaints to the court in contributory cases against adults. At the request of the court or probation officer he is to be present in court and question the witnesses. This is particu- larly important in those cases where some advance examination of the witnesses is essential to bringing out the truth. His pres- ence is essential in those contested cases where the side lights growing out of conflicting declarations, admissions and impeach- ing questions and evidence is essential to reach the truth. He and not the judge should be conferred with in advance by parties seeking complaints or petitions as to the desirability of the pro- posed course. Probation officers will not bring parties seeking complaints or petitions to the court for advice but will take them to the district attorney. A judge should not be asked to advise as to whether or not petitions or complaints should be filed in his court. It is the duty of the probation officers to assist the district attorney attached to the juvenile court, and particularly in those cases in which adults are charged with contributing to the de- pendency or delinquency of minor children, especially where these cases originate in the probation office, instead of in the office of the district attorney or in police headquarters. The chief probation officer will make an assignment of these adult contrib- utory cases in which it is essential that the district attorney shall have co-operation from the probation office in advance of the hearing and will co-operate with him in the presentation of the evidence. PHYSICAL EXAMINATION. vSo far as possible every child coming in the juvenile court will be examined by a physician. Girls shall be examined by women physicians only. The consent of the parents, of course, shall in all cases be obtained where the parents are living in the county or where they can be communicated with. The reason lor physical examination is that in many instances abnormal physical conditions or bodily ailments are the cause ol the child being in court. Simple surgical operations, careful and regular 82 Report and Manual for Probation Officers feeding and abstinence from bad habits in many cases will solve the problem of the child's delinquency. LABOR PERMITS. Every probation officer, deputy and assistant should be familiar with the law corncerning the issuance of labor permits by the juvenile court and by the school authorities. This law provides for permits from the judge of the juvenile court only upon investigation by the probation officers in cases of children between twelve and fifteen years of age. Such permits can only be granted "upon a sworn statement being made to him (the judge of the juvenile court) by the parent of said child that said child is past the age of twelve years ; that the parent or parents of said child are incapacitated for labor, through illness, and after investigation by a probation officer." Statutes 1911, page 911. It will be observed that the only authority for issuing permits is the case of illness incapacitating the parent for labor. The fact that the parent needs the help of the child, or that the child would be better off than idle are insufficient under the law for the issu- ance of a permit. In such cases there has been an effort on the part of the Civic League to provide a fund known as a "scholar- ship fund" to help the parents while the children are being kept in school. This is entirely a matter of charity, but probation officers should do all they can to put parents in touch with those agencies which will relieve the distress brought to their attention and should have the necessary information so to do. PRESENTING MATTERS TO THE JUDGE AND THE COURT. The probation officers must never send people to the judge. This has been the custom in the past and in many cases of doubt probation officers have sent parties who desired additional orders to "talk it over with the judge." Hereafter whenever a matter is presented to the probation officer which should be brought to the attention of the judge, the probation officer will accompany such person to the chambers of the judge. If it is essential to have a modification of the order theretofore made in the case, he shall present to the judge, at the proper time, a written request for the order desired. The necessity of avoiding misunderstand- ings and the increased volume of work on both the judge and the probation officer make this imperative. A time will be fixed for the hearing of such orders. If a party or parent desires to appeal to the court from the decision of the probation officer or an order or suggestion of probation officer, they shall be furnished with Report and Manual for Probation Officers 83 the necessary paper and submit the matter in writing in the form of a petition and file the same with the court. Where the request is recommended by the probation officer, the report and petition should come from the probation officer. No attempt should be made by any probation officer under any circumstances to keep persons from presenting the questions that they desire to submit to the court from being presented in a regular and proper way. Parties should all be given to understand that they have the opportunity by petition and presenting their matters in court at the proper time to have any question determined in connec- tion with their children who are under probation. The judge will determine at the time the petition is filed, when the same shall be heard, what process shall issue, if any, in connection with the hearing, whether or not the order may be made ex parte or denied upon the petition filed and without further investiga- tion. These rules are made necessary by the fact that the orders of the juvenile court are subject to modification at any time. That all petitions filed for such modification must state upon their face and under oath the reason why such modification is sought. Where petitions are filed by the parent or other person in reference to the case of a child who is a ward of the court and such petition is not accompanied by a favorable recommendation of the probation officer, such cases will be immediately referred to the probation officer for investigation and report, and ordi- narily no hearing will be held until such report has been made. THE JUDGE AND THE PROBATION OFFICE. The judge will interfere as little as possible in the manage- ment of the probation office, but, being charged with the obliga- tion to see that affairs in that office are properly conducted and with the authority to bring that to pass, the judge will not hesi- tate to call upon the chief probation officer or any deputy or assistant in the office, either indirectly through the chief or directly for any assistance or investigation or duty which he feels should be done, and such orders must be obeyed promptly. Ordinarily such orders will be conveyed through the head of the office or through or to some person designated by the head of the office, but this is not essential and will be varied at any time at the pleasure of the judge. APPOINTMENT OF PROBATION OFFICERS. The subject of the appointment of probation officers is fully discussed in the communication from the judge to the probation committee in ^\Iay, 1911, which is herewith set out in full, ft will 84 Report and Manual for Probation Officers be observed that this order of May, 1911, follows the policy here- tofore adopted for the appointment of all the probation officers, of basing said appointment entirely upon merit without regard to politics. \Yhile this was done before the present non-partisan system of nominating judges, this system will undoubtedly make it more easy to keep the probation office "out of politics." Pro- bation officers, of course, derive their authority, like all other officers of the State and county, from the people. The people of the county elect the twelve judges of the Superior Court of the county and hereafter, though not heretofore, that election will be non-partisan. A majority of the judges so elected select one of their number to act as the judge of the "Juvenile Court." The judge of the juvenile court then selects the members of the probation committee. These members serve four years, and as their terms of office expire at different times there never can be a complete change of the probation committee at one time. This non-partisan committee appointed by a non-partisan judge selected by twelve non-partisan judges as aforesaid nominates the probation officers, and if these nominations are satisfactory to the judge, the nominees arc appointed by him to hold office for two years and at the pleasure of the said judge of the "juvenile court." This power of selection and dismissal, as well as the fact that the judge is the elective officer charged with the respon- sibility by the people, places the burden of the office upon his shoulders. If that burden is rightly borne it always must be a burden which any judge would be glad to have in other hands. It is doubtful however, if any better means of appointment can be devised for the selection of able and efficient probation officers and any elective system would ipso facto throw the probation office into politics. Every effort has been made in the legislation con- cerning the juvenile court to avoid that condition. Happily, in this county, the members of the probation committee are of such character and standing that they have taken very seriously the unpaid duties which devolve upon them. They have been very conscientious in their recommendation of probation officers and those recommendations have without exception been accepted by the judge. JJut in some other counties, either because of ignorance or indifference, the probation committees have some- times failed to either understand or perform their duties. Of course in time this will change in every county, but it is the desire of the judge in this jurisdiction to support the probation committee in their labor ol love in every possible way consistent with the performance of the duties devolving upon him. The effort to turn ovei the management of the probation office to the Report and Manual for Probation Officers 85 probation committee has not met with the success which com- mends itself to the judge. The increasing and arduous duties imposed upon the probation committee, not only in the nomina- tion of all probation officers and all the officials at the detention and parental schools, but the active supervision of both parental and detention home makes it imperative that the control of the probation office shall be in the chief probation officer under the direction of the judge with such assistance as the judge may be able to get from the probation committee in a friendly and ad- visory way. It seems to be considered an axiom in religion and law that no man can serve two masters and the probation officers are expected to look to the court, particularly to the rules and directions therein given as a guide to them in the conduct of their official duties. RELATION TO HUMANE SOCIETY AND OTHER CHILD SAVING ORGANIZATIONS. It is essential that the probation officers of the juvenile court co-operate, so far as possible, with the agencies and agents of all child saving organizations. The work of the Humane So- ciety, while very broad in its scope so far as the juvenile court is concerned, is of most help in the investigation of, and presenta- tion of, those cases in which children are abused and destitute and in the punishment of those cases in which adults have con- tributed to the condition of dependency or delinquency. It is not the purpose at this time to accurately define the duties of this organization, but it will be necessary in many instances for the probation officers to refer cases brought to them to the Humane Society for investigation. It is important for the pro- bation officers in dealing with those engaged in child saving work to remember that the probation officers are responsible only for their performance of their own duties and the agents of these other agencies are responsible to the organization ap- pointing them and through them to the public for the faithful performance of their duties. There should be no spirit of jealousy or competition on the part of probation officers with regard to these other agencies. There is not only work enough for every- body, but each is responsible through the appropriate channels to the public. DEPARTMENTS OF THE PROBATION OFFICE. The probation office will have two general departments first, the adult work, which department shall have charge <>! pro- bation from all the courts of the county in the case of adults. 86 Report and Manual for Probation Officers This department shall also co-operate with the other department in the presentation of those cases involving adult contributory charges. The second department of the work will be divided into two subdivisions: First, the care of all children committed to the probation office. Second, the department of voluntary probation officers which shall be supervised by one of the paid probation officers to be designated hereafter. This department shall seek the active co-operation of people throughout the county willing to do voluntary probation work. Such persons will be appointed voluntary probation officers when nominated by the probation committee and approved by the judge of the juvenile court. The particular reason for making this a separate department is that the voluntary probation officers will not be required to give any more time than they are able to give and that they will only be expected to take care of that portion of the work which they vol- untarily assume. Further subdivisions of the work will be made in the special order assigning different probation officers to different work. Among those subdivisions will be the subdivision dividing the smaller boys from the larger, dividing the girls' department from the boys' department and making special assignments to pro- bation officers of various lines of the probation work to be desig- nated more particularly in these instructions and in orders here- after to be given. THE ADULT DEPARTMENT. This department will be as much separated from the general work as is possible and will be under the direct supervision of the chief probation officer. One of the assistant probation officers shall be assigned particularly to this department and will have charge of the other probation officers both paid and voluntary who may be assigned to this department. Through this assistant probation officer in charge of this work the chief probation officer will keep in touch with the work, but the responsibility for this department will rest largely upon the assistant placed in charge of the department. These probation officers for adults, while appointed by the judge upon the nomination of the probation committee, are under the direct supervision of the judges of the criminal department of the Superior Court and under the various justices who place men and women on probation. This depart- ment of the work will be one of growing importance. We are just beginning to take up the work of misdemeanor cases in the city. The police department will be asked to name through its Report and Manual for Probation Officers 87 police commission such officers as it feels would be particularly helpful in probation work. These officers if approved by the probation committee and the judge of the juvenile court will be appointed as voluntary probation officers. It will then be possible for the justices of the peace and the police courts of the city to assign probation cases to these officers who have super- vision over such probationers. It will no doubt be found that this system will be the only one by which women charged with vagrancy can be successfully managed. The police department has already appointed some women police officers and others may be added to assist in this department of the work. When necessary this matter will be laid before the police commission for their consideration. HOME FINDING. One of the most important functions of the probation officer is the finding of either permanent or temporary homes for chil- dren in families. This has been accomplished in various ways. One of the best means has been by advertisement in the daily newspapers of Los Angeles and a careful investigation of such persons as apply for children before placing such children with such families on probation. The Children's Home Society of California has been of the utmost assistance in the placing of those children who are under the supervision of the juvenile court. Other agencies have assisted in this work. Under the present law it is essential that permits be obtained from the State Board of Charities and Corrections before any organi/a- tion is authorized to engage in this work. The probation officers, of course, so far as they work through any such agencies will only do so through those who are properly authenticated. This does not mean, however, that other agencies may not find and present to the probation office and the court for consideration homes that may be found for children. And indeed all those who bring children before the court should be encouraged, so far as possible, to co-operate in the final disposition of the children. The authority, however, of course in this matter will lie with the probation officer under the supervision of the judge of the juvenile court. LENGTH OF PROBATION. .As it will be a part of the duty of the probation officers in the adult department to make recommendations with regard to probation, it may be noted that the probation period in regard to all offenses in the State is limited by the maximum term pro- Report and Manual for Probation Officers 89 vided by law for the punishment of such offenses. This, how- ever, is not true with reference to those cases of adults contrib- uting to the dependency or delinquency of minor children, for this is regulated by the separate statute on that subject found in Section 26 of the Juvenile Court Law. It was first thought by some that short terms of probation were the best and this in order that the matter might not get on the nerves of the probationer so that he would run away to escape the supervising influences of the court. But experience has demonstrated that longer periods are better. The .probation authority may be gradually relaxed and with the power on the part of the probation officer to recommend to the court whenever the man has thoroughly reformed so that the plea may be allowed to be changed and the case be dismissed (thus wiping out the conviction and restoring the man to full citizenship), makes a prize worth striving. It has been held that the Superior Court has power to in- crease the limit of probation after the original order is made, where the conduct of the person, in the judgment of the court, merits such an order. In the case of People vs. Sizelove, such an order of extension was made and thereafter and during the extended period of probation and after the expiration of the period mentioned in the original order, the conduct of the de- fendant in the opinion of the court justified his being sent to the penitentiary. An appeal was taken to the Supreme Court and the judgment of the lower court affirmed. Evidently there are times when a man is brought before the court for violation of his probation and when it may not seem necessary to at once send him to the penitentiary and therefore this plan of extended probation would be desirable to be recommended by the proba- tion officer. Instructions in regard to bringing men before the court for violation of parole will be given by the judges in the departments placing such men on probation, but ordinarily this should be done by a verified petition and opportunity should be given to the man to be heard. GRAPHIC CARDS.* The object of the graphic card is two-fold to show the pro- bationer from week to week the progress that has been made; and to have a record that shows the judge at a glance the history of the probationer. Experience has shown that if the probation officer makes it a point to call the attention of the probationer to the marking that *Sce opposite page. 90 Report and Manual for Probation Officers they will become interested in keeping the record a good one. The first, second and third year cards form a method by which the probationer may work off of probation by continued good behavior. Beginning with the "first year" card the proba- tioner reports semi-monthly unless otherwise ordered by the court. After a period of six months or more of good conduct and regular reporting monthly reports only may be required, which places the record on a "second year" card. If excellent conduct continues, the reports may be at inter- vals of three months, recorded on the "third year" card. There- upon the probationer becomes a candidate for dismissal or if the original charge was a serious one or if it does not seem wise that the court should lose jurisdiction of the case, the probationer may be excused by the judge from further reporting. Never ex- cuse a probationer from reporting without an order of the court to that effect. On the other hand, if, during the probationary period the probationer is guilty of another offense he is reduced in rank to the first year card and to the semi-monthly reports, to go through the whole process again. Method of Marking. The conduct line should be a continu- ous line ; but all records falling below "G" should be recorded in red ink. Great care should be exercised in recording the place of cus- tody and the number and times of the visits made to the home of the probationer. Be sure to indicate the number of the felony as 1st, 2nd. 3rd, etc., in each instance. Efficiency Line. The efficiency line refers to school or work. Two consecutive failures to report, without good excuse, should constitute sufficient cause for a report to the court. REMEMBER that the system of reporting does not take the place of the visitation of the home, and that the probation officer is required to acquaint himself with the home and the sur- roundings of the probationer. THE SUPREME COURT SAYS: The Juvenile Court Law "aims, as its principal object, at the proper custody and education of children who lack the care and control deemed essential to their right development, whether or not their situation be such as to be likely to lead them to actual crime." From a decision of the Supreme Court of the State of California, in bank rendered Feb. o, 1912 in re Maginniss 43 Cal. Dec. 187. Report and Manual for Probation Officers 91 Rules for the Guidance of Probation Officers in the Performance of Their Duty, Promulgated by the Chief Probation Officer and approved by the Judge of the Juvenile Court and the Probation Committee Rule 1 : All probation officers, deputy probation officers and assistant probation officers and other employes engaged in the probation office shall be in their office at 8:30 a. m. unless delayed for good reason, in which event they shall telephone the office the reason for the delay and when they may be expected. Rule 2 : "\Yhen leaving the office each probation officer and employe shall mark on the bulletin board the time when they ex- pect to return and if detained for a longer time, the office should be notified by telephone. Rule 3 : Special visiting, must not be indulged in during business hours. Rule 4: Officers having cases in court shall remain at their desks, unless otherwise ordered, and will be sent for in time to be present at the hearing of the cases assigned to them ; provided, however, that where cases are set to be heard between 9 :30 and 10 a. m., all p. Nation officers having cases during that period shall be in attendance upon the court during that period unless otherwise ordered. Rule 5 : Reports. As soon as possible after a petition is filed charging a person with being dependent or delinquent, the chief probation officer will assign such case to a deputy or as- sistant probation officer for investigation and report as provided for in Section 15 of the Juvenile Court Law. And unless other- wise ordered by the court or chief probation officer, the probation officer making the investigation will be the one to take charge of such case if the same is placed under the supervision of the probation officer after the hearing and examination of the case by the court. Tt shall be the duty of the officer so assigned to such case as aforesaid to be in court at the hearing so that if the person is 92 Report and Manual for Probation Officers placed on probation under the supervision of the probation officer, the probation officer may receive such special directions as may be given by the court in connection with said probation and may hear the evidence in the case so as to be familiar with the surroundings and persons involved in the case. Immediately after the case has been disposed of by the court, the probation officer in charge of the person and with the parent or parents of said person shall repeat such instructions as may have been given to them by the court and give such additional written instructions concerning their obligation to report as are provided in the written blanks for that purpose. The probation officer at that time will make such helpful suggestions as may tend to secure the co-operation of parents and of probationer with the court. As soon as such officer returns to the office he shall at once make proper entries on the history and graphic cards and see that all papers are returned to their proper files. Each pro- bation officer will be held responsible for the accuracy and acces- sibility of the record in the cases in their charge. Rule 6: All reports to the court, including recommendations in cases already assigned to the probation officer or any modi- fication of an order, however slight, must be in writing and filed with the court. "The probation officer shall inquire into the ante- cedents, character, family history, environment and cause of dependency or delinquency of every alleged dependent or delin- quent person brought before the juvenile court, and to make his report in writing to the judge thereof." Such report should be a plain statement of the facts, where the facts as definitely ascertained should be couched in calm, temperate language and presented in a way that will not be unnecessarily provoking to the parties referred to in the report. Superlative adjectives should be avoided. Such expressions as "neighborhood rows," "family quarrels," "spite work," should be avoided. Reports should also indicate in a general way the line of evidence upon which the witness should be questioned by the district attorney or the court in examining the witnesses. If a recommendation is made it should be substantially in the follow- ing form : "If the court finds said person to be delinquent (or dependent) it is respectfully recommended that" and so forth. Rule 7 : \\ henever it is necessary to return a person on pro- bation lor an additional order or for a modification of an exist- ing order, there should be a written report filed by the officer in charge of the case stating the change in conditions which require the modification. Report and Manual for Probation Officers 93 Rule 8: Whenever it is necessary to secure the attendance of any delinquent or dependent person by an arrest, the report heretofore mentioned shall be verified and filed and a warrant will be issued as a basis for such arrest. This direction, however, is not intended to interfere with the right of the probation officer in such cases to. make an arrest without a warrant but rather to be the general policy which should ordinarily be followed. Rule 9: All probation officers' reports must be addressed to the court in which the case is pending as follows: "To the Hon- orable Superior Court of the State of California, in and for the County of Los Angeles." And in cases in the juvenile court the words "Sitting as a Juvenile Court" should be added. Rule 10: When an order is made for the county to pay for the support of any person, the officer in charge of the case will furnish a memorandum of said order to the county board of supervisors, showing the name of such person, the place to which committed, the time when the order commences and when it ex- pires. Rule 11: Every officer should have such exact information in regard to every person in his charge that he may be able to give the court or probation officer an accurate report in regard to him when called for. Rule 12: Mrs. Frances H. Byram, assistant probation officer, shall have charge of the calendar of the juvenile court and under the direction of the judge of the juvenile court will fix the time for the hearing of the various cases and direct the probation officer to whom the case is assigned to secure subpoenas and citations from the court and with reference to the service of the same. The probation officer making the investigation will serve all processes of court upon the witnesses and parents and persons interested unless different direction is given by the court, the chief probation officer or assistant probation officer. So far as possible these papers shall be served at the time of the investiga- tion of the case by the probation officer. Rule 13: Sending for children outside the count}-. It is the policy of the juvenile court to send for and secure the attendance of all runaway probationers, not only because of the importance of the person in the particular case but also be- cause of the fact that it is important to have it thoroughly under- stood that no person can escape the supervisive powers -of the court and probation officers by leaving the count}* without per- 94 Report and Manual for Probation Officers mission. In this connection the probation officers will co-operate with the probation officers of other counties to return to those counties such probationers as may escape therefrom. Rule 14: No person shall be detained at the detention home or in the city or county jail by any officer connected with the juvenile court without such child being brought before the court for an order with reference to its custody. Rule 15: It is the policy of the juvenile court to release persons awaiting a hearing as to the dependency or delinquency without bail where there is reasonable assurance that such person will be in attendance upon the hearing of the court. This is par- ticularly true with reference to young children. They should not be detained in custody unless it is absolutely unavoidable, provided, however, the nature of the case is such that such release would not be justified under the circumstances or where they have been brought into court because of an unfit home, when an appropriate order for the detention of such persons will be made. HIS FIRST OFFENCE Painting by Lady Dorothy Stanley, referred to in the letter on opposite \IUK>- anil adopted as a letterhead for use in the Los Anjreles Juvenile Court. 2, WHITEHALL COURT. Lady Dorothy Stanley is the widow of Sir Henry M. Stanley, the great African explorer. The Delinquent Child in the Juvenile Court An Address By Curtis D. Wilbur Before the Willowbrook Parent-Teachers Association, January, 1912 CHILDREN SAVED FROM JAILS. A pawn-broker was brought before the grand jury of this county once to account for the possession of certain valuable diamonds. His stock of goods at that time was worth between one and two hundred thousand dollars. Surprised at his in- ability to account for the possession of the diamonds, he was asked by a member of the grand jury if he ever took an in- ventory. He said, "Yes ; I take an inventory very frequently. I count out thirty dollars' worth of property and all the rest is profit." In considering the juvenile court as we shall tonight, we can "count out" the fact that thousands of children have been kept out of jails, reform schools, and penitentiaries, and the degrading influences of prison associations, and saved from the recollections which stick in the memory of a child who has been in the jail, reform school or penitentiary; and when we have counted that out we can say that "all the rest" i. e., the humanitarian and other efforts of those connected with the juvenile court toward the upbuilding of the young "is profit." NINE YEARS IN THE LOS ANGELES COUNTY JUVENILE COURT. T will speak tonight concerning the juvenile court and. par- ticularly, that court as conducted in the county of Los Angeles. I wish to remind you that next April will complete nine years of work in the juvenile court, 'the first case having been filed nine years ago in April. Since that time there have been filed over thirty-seven hundred cases of children three and a halt regi- ments. 'There have been in the last two years in the juvenile court of I,os Angeles more than five thousand hearings. There have been more than twice as many felony cases heard as in both criminal departments of the Superior Court. Report and Manual for Probation Officers FALSE IDEAS CONCERNING THE JUVENILE COURT. The juvenile court idea, which is a recent growth in America and which the nations of the world are copying from America, is still in its infancy and is in a large measure misunderstood, not only by those who are casually acquainted with the sub- ject, but also by some who have been intimately associated with the work of the court. There are many false ideas concerning the juvenile court, and there are many things suggested even by those who are cultured and educated and desire the welfare of childhood and of the government that are absolutely im- practicable. A DISGRACE. I was talking not long ago with a good woman who is in- terested in the juvenile court work. This lady took me, or at least, the juvenile court, to task because it was coming in this county to be a disgrace for a child to be brought into the juvenile court. Just how or why I should be accountable for that or just how or why the plan should be accountable for the fact that it might be considered a disgrace, is more than I can figure out. \\'c regard things as a disgrace or not according to our education. I can illustrate that by an incident that occurred in connection W'ith the life of one of my small children. This boy had com- menced to play with a couple of neighbor boys and his mother was interested in ascertaining whether the neighbor children were the kind of boys with whom we wanted our boy to play. \Ye asked the little fellow whether boys with whom he was playing used bad language. The little fellow looked very much embarrassed and quite guilty, and finally looked up into his mother's face and said, "They say 'aint." Xo\v, his aunt and his mother were trying to break the boy of a family habit of saying ''aint." and he regarded this as a very disgraceful thing. Any sane person would regard it a disgrace to have a child taken anywhere around the corner to a police station, or to a school teacher or to a Sunday-school teacher, or to a preacher because he had committed the crime of burglary or grand larceny. The disgrace lies in the fact that the offense has been committed. \Yc can never invent and I hope we shall never be able to invent any plan which will make it respectable to commit crime, or which will reward criminals for their misconduct. When states prisons replaced the hangman's noose there was rejoicing; when reform schools represented the sole means of escaping the lelon's stripes, parents hailed its advent with tears of joyful thanksgiving; when the juvenile court plan presented Report and Manual for Probation Officers 97 a way of escape from the otherwise certain prison, or reforma- tory, it was hailed with delight by sorrowing fathers and weep- ing mothers. But, "No wretch ever felt the halter draw, With good opinion of the law," and so whether it be the rough halter of old or the silken thread by which a probation officer seeks by years of patient effort to guide the offender to righteousness, there will be in each case a lack of appreciation for the law. We do not like to feel that our conduct merits any restraint we feel disgraced, and so those who seek the best things for their children will desire to keep them out of the clutches of the law. No matter how velvety the clutch ; nevertheless all these instrumentalities will have their place. The juvenile court plan will never be abandoned, but it is by no means the last word in juvenile improvement or criminology. I look forward to see Y. M. C. A. secretaries, physicians, school teachers, playground officials, so educated, that with new under- standing and with new equipment, children will be so treated with the "ounce of prevention" that the "pound of cure" will be unnecessary in most cases. BEFRIENDING BOYS. One of the difficulties in dealing with the juvenile court cases: in befriending the boys who come into the court and patting them on the back, as it were, is the danger of getting the feeling out among the boys of the community that, after all, "it is all right when they have done wrong and get into court," that they have friends to get them out and when they have not they can get along without friends. It has been essential to the upbuilding of the childhood of this county that children should feel not only that they would get a square deal in the juvenile court and be well treated, but also that they will not be rewarded for the commission of offenses. I remember to have listened only about seven years ago to an ad- dress by a juvenile court judge from another state. The papers were filled with what he was doing and saying. He had in one meeting, I think, sixteen hundred school boys who had come to hear him speak. He gave an address entitled "A Court of Honor," and the theme of his address was that children boys and girls placed on their honor would thereafter be perfect in their demeanor. The newspapers quoted him as saying that he had placed a large number of boys on their honor and that not one had ever broken his promise to him. This sounded very nice. Report and Manual for Probation Officers and when we think of it seriously we can realize what a wonder- ful improvement it was on the plan of the Almighty for regu- lating human conduct! I speak reverently when I say it. We have all been put on our honor. That is a part of the system by which the Creator deals with us. Yet we realixe how far short we come of that which is expected of us. The fact is that the claim of such results is what is popularly called bun- combe, pure and simple. We do know that there is good in every human being. We do understand that the effective way of dealing with children and with adults toward reformation is that which reaches and takes hold of the good and lifts it up and cuts down, so far as possible, the bad. But to say that any human being by placing another on honor can invariably win him to righteousness is absurd. After this address a man in the audience thanked the speak- er for this portion of his address, saying: "I lived back there and when the boys and girls of that town grow up there will be no living there. I was hauling a load of watermelons through the streets when a gang of boys jumped aboard and commenced to help themselves. I said, 'Stop that, boys, or I'll have you in the juvenile court.' 'O,' they replied, 'we don't care for that; - (the judge) is our friend.' ' : LOVE, PATIENCE, PERSISTENCE AND FORGIVENESS. The fact is that in dealing with the children in the juvenile court (and I am referring now to the children who have been brought before the court and have been adjudged the wards of the court), we have to use the same general plans that you use in your home in dealing with your children. Can you put your boy on honor and go off and leave him till he is twenty-one and have him grow up into righteous manhood and good-citizenship? Can you do that with your girl? No. There must be a persist- ent and constant and daily effort. There must be daily teaching given them on the way. Those are the tilings essential in the home and. therefore, the same things are essential in dealing with children who are the wards of the court. There should be a spirit of love rather than a spirit of hatred or domination. There should be a spirit of patience. You who are mothers; yes, you who are fathers, realixe what a figure patience cuts in dealing with childhood. And you who are older, and who have not lived a happy childhood which should have been yours, look back to see how far the impatience of the father or mother, or school teacher, or others who came in daily contact with you. marred your life. There must be persistent effort, line upon line, pre- Report and Manual for Probation Officers 99 cept upon precept, day after day, until the habit of goodness and good conduct is established in the child. Then there must be, in a sense, forgiveness. It can never be the duty of the court to forgive crime, nor the duty of a judge to forgive crime. The pardoning power lies with the governor; but so large a discre- tion is vested in the judge of a juvenile court, that in one sense he may be said to forgive crime, and to say to the boy or girl, "Go and sin no more." The crime if committed is regarded as giving to the court jurisdiction, the opportunity, to deal with the child. But there is on the child the obligation to recipro- cate by sinning no more. REWARDS AND PUNISHMENTS. There must be worked out, in all plans of dealing with child- hood some system of discipline, of rewarding good conduct and punishing evil conduct. No juvenile court has been formulated for the purpose of rewarding good conduct. Courts are intended for the purpose of dealing with those whose conduct has not been good. Nevertheless, it is possible for probation officers, it is possible for the judge, if he is so inclined, to reward achieve- ment on the part of the boy or girl who comes before the court. I remember to have offered to a boy the sum of five dollars if he would gain five pounds in five months. At the end of five months he came to me and claimed the five dollars and received it. A boy was before me the other day who had been admon- ished some months before that it was his duty to gain eleven pounds in flesh. He was not especially rewarded for doing it, and I presume you wonder what that admonition has to do with the juvenile court. I think I can make it plain to you, and I will try to do so in just a moment's time. In dealing with the children that come before us we find that very many of them are there because of some disability or some physical ailment or some physical affliction. In trying, as we do in dealing with children, to arrive at the cause which has brought them into the juvenile court, we are not satisfied with considering the immedi- ate temptation. We seek to go further back into what you might call the character of the boy and, even further than that, into the bodily constitution of the child. In that effort we have found that a great many children who come into the juvenile court have physical defects which have a marked effect on their con- duct, such defects as enlarged tonsils, adenoid growths, and the need of circumcision. Then, of course, there are cases where there is a condition which has come about by the lack of proper nourishment, lack of keeping proper hours, the 100 Report and Manual for Probation Officers use of cigarettes and other things which tend to tear down the physical body. This particular hoy who was instructed to gain eleven pounds of flesh was a boy who had been out late at night; who had eaten at irregular hours and had eaten poor food. He had become nervous and fidgety and was skipping from one place to another and doing all sorts of things. When he was told to gain this amount of flesh, it simply meant that it would be necessary for him to keep better hours and eat better food, and in doing that he would achieve a better mental and physical and nervous balance. When he came into court smilingly to report his success, he came in at the same time with a good re- port of his conduct during that period. GOOD PEOPLE WITH WRONG IDEAS OF THE JUVENILE COURT. There are some people who, .vith the best of intentions and the best of character, expect of the juvenile court the most ab- surd impossibilities. They think that there should be a law, without having a rule of 'action ; a juvenile court without having a court; a judge who is not a judge but who is a mere record- ing officer to record the determinations of the probation officers. They expect to have a trial without a hearing; a determination of facts without evidence ; a court of great power without hav- ing a powerful court. They expect that somehow in dealing with almost fifty per cent of the crime of the state the subject of crime will not at all be mentioned. The mere statement of these ideas which have vague form in the minds of some who are tremendously interested in the good of childhood, is its own refutation. The impossibility is apparent on its face. CONFLICTING CONSIDERATIONS. There are so many conflicting considerations in connection with the juvenile court that it is very difficult for one who is unskilled in the law and unskilled in childhood to gain a just appreciation of the difficulties of the situation. The court in every case, in a measure, shifts its position entirely during the progress of the case, if it is dealing with a single child. If your boy who is here tonight should be brought into the juvenile court, the attitude of the court would first be that of a court. There would be a pleading filed in which the conduct of the child would be characterized according to the facts. The boy would be given an opportunity to affirm or deny the proof of those charges. The judge would hear the evidence so far as is Report and Manual for Probation Officers 101 necessary to determine whether or not the child had committed the acts specified in the petition. After hearing sufficient evi- dence to determine that fact, he would hear additional evidence in order that he might be guided in the ultimate determination as to the disposition of the child. Up to that point the judge acts as the judge of the court, and the purpose is, as in all investi- gations, to determine the truth. It is just as much the duty of the judge of the juvenile court to preserve himself free from in- fluences of all sorts before the trial as it is for any judge or juror in any case. Many do not understand this, and it is not an uncommon thing for very good people, preachers and teach- ers, to come to me and seek interviews in advance of the hearing of cases in order that the judge might be advised what to do. This is absolutely wrong and should not be permitted. Such evi- dence should not be received. The judge of the juvenile court is responsible for preserving himself free from outward influ- ences just as much as is the juror who is instructed (as you who have served on juries know) at every adjournment not to "con- verse with others or suffer himself to be addressed on any sub- ject connected with the trial and not to form or express an opin- ion in the case until it is finally submitted to him." After the trial of the case, however, and after it has been determined that the child should be thereafter a ward of the court, the attitude of the court at once changes from that of the impartial judge to that of the anxious parent seeking the good of the child. Every ward of the court is, in effect, a child of the court, and I stand before you tonight the father (in law) of some seventeen hun- dred children who are now under active probation in Los Angeles county. Some of you who are trying your best to raise one or two boys may appreciate the position of the man who has been elected, in part at least, to father as many children as I have stat- ed, particularly when those children are brought to him, in many instances, entirely because they are beyond the control of their own parents and are essentially bad. I inadvertently used an expression which some may not like : "essentially bad." I could just as well have said "essentially good." But, after all is said, we know the children brought into the juvenile court, aside from the ones who are destitute and are brought in because of the misconduct of others, are ordinarily worse than the ones who are not brought into the court. EACH CHILD A SEPARATE PROBLEM. When we conic to dealing with these children who have been adjudged wards of the court, we are confronted with a 102 Report and Manual for Probation Officers vast number of problems. Each child is a distinct and separate problem from every other child. Two boys may engage in ex- actly the same enterprise, may be morally and legally responsible to exactly the same extent, and yet the method of dealing with the two boys in order to bring out results of good citizenship, may be entirely different. When I first took charge of the juve- nile court, I used to make orders which would seem to the two boys to be just and equal, for our fundamental ideas of justice are that there shall be equal treatment. But I can illustrate by one case which conies to my mind the necessity and advantage of treating boys, charged with the same offense, differently. Two boys in Hollywood some years ago were brought before the juve- nile court for the commission of some eighteen or twenty bur- glaries. They had stolen nearly everything that you can think of, from a mattress to a cook stove. In the last burglary they had committed they stole eighty dollars, and with that money had purchased guns, boxing gloves, handcuffs and other things which escape my mind. When they were questioned as to why they bought the handcuffs, it developed that they were ambitious to become detectives. It seemed to me in studying these two boys and getting the story from their parents, that one of them completely dominated the other, although they were about of the same age. It seemed wise to return this boy who was so dominated to his o\vn home and allow him to remain in the com- munity. This was done and the boy "made good" and there never has been a complaint filed against him since. What he needed in the first instance was to be separated from this boy of more powerful will and of greater initiative. The other boy, however, was sent to the recently formed George Junior Repub- lic. There he was elected chief of police and was about to realize his ambition. They said he made a splendid chief of police. He was very strict and very determined. Finally, after the George Junior Republic had moved to Chino, this boy, still chief of police and intrusted with the keys of the jail, unlocked the jail and permitted all the prisoners to escape and escaped with them. This, of course, disappointed his friends, who had rejoiced in his apparent effort to do right. But in a few weeks a letter was received from the Freeville George Junior Republic, in Freeville, Xew York, from the boy, saying that he had beaten his way back to this other Republic, where he had again come in contact with "Daddy" George. (You may not know that "Daddy" George is the founder of the original George Junior Republic and largely participated in the formation of the one here.) The boy had met him here. That boy for two years did Report and Manual for Probation Officers 103 well in his studies there and finally announced to them that he was coming home, and I assume that he has either come home or will be home very shortly. Let me say to you that in this particular case as in many others, the judge has to face the proposition whether or not the boy before him shall become a skillful and astute criminal or whether his wisdom can supply a plan whereby an effort can be made to direct the child and divert his mentality along other lines. Now this particular boy, it seemed to me, would become, if he was not changed, a very dangerous criminal. I had in my pocket before I came tonight a letter from an- other boy. His story is one of the most interesting connected with the juvenile court. I will tell you just a little about it. It involves several escapes from our detention home which, as you will remember, was the old abandoned county jail. In one in- stance, claiming sickness, he had taken a nail and worked it back and forth over the three-quarter tongue and grooved board till he succeeded in knocking out the board, slid down the gas pipe while the other boys were going upstairs to bed, and made his way as far as San Francisco. There he was arrested and placed in the detention home, and they wrote to us, "For heaven's sake, come and get him ;" that he was making more trouble than they ever had up there. This boy had a peculiarity which showed his headstrong, nervous dispositon of having fits. They were not exactly the normal fit, but they were so nearly simulated that you could only discover the deception by applying a pin to him. If the boy were in a genuine fit, he would be indifferent to the prick of the pin ; but if it were simulated you could get a response from him. This boy was brought back and again* escaped and made his way to Pasadena. This time he stole a revolver and held up a man and was arrested and put in jail there and attempt- ed suicide by crawling under one of these beds that fold down from the wall like a kitchen table. It was an iron bed and very heavy. He got under and jerked the legs out and was severely bruised. He was returned to the county jail and there he stuck his head between the iron door-jamb and the jail door and at- tempted suicide in that way. Finally, he escaped again, was returned, and sent to Whittier. He had been there only a few months when the superintendent came in and said to me, "I wish you would tell me how to get rid of that boy ; he is the worst boy in Whittier and I am afraid we will punish him some day and he will take a fit and die, and we will be blamed for it." This boy finally escaped from Whittier. He got leave to go up into the tower one night and slid down from what corre- 104 Report and Manual for Probation Officers sponds to the fifth story, coming clown the water pipe, and the next we heard of him he was in San Francisco. Finally he re- turned again to Los Angeles. The superintendent of the Whit- tier State School said he didn't want him back. P>ut he, like many another, succeeded in getting back by committing another offense. This last time the superintendent put him in charge of a broom brigade of five boys who were to sweep. This taste of authority seemed to be the turning point in the boy's career. From that time on he sided in with the authorities. He visited me once after he had been in Whittier for some time. He called at the house and we were talking about various things. He was telling about his life out there and the stand he had taken. Fin- ally, he said so much about his conduct that I bluntly asked him this question: "Percy, are you a Christian?" He said, "You bet your life I am." In the course of the year the boy was pa- roled. He took a course in stenography and typewriting in one of the correspondence schools of the east. He had a position in one of the best offices in Los Angeles at a salary approaching a hundred dollars a month. And, while he has traveled about a good deal, his last place was in Denver, Colorado, and he has been making good. \Yhen he is in Los Angeles he usually drops in to my Sunday school class and always calls me his "dear friend." Now, this boy, it seems to me, would have been an exceedingly dangerous criminal if he grew up without change, or he would be a very useful citizen, and we are very glad to be able to report that the latter is true. INSTITUTION VS. HOME. There is another consideration that comes up in dealing with children in the juvenile court the institutional life as against the home life. This question has been much spoken of by those who are interested in connection with the question of the man- ner of dealing with children, and I have had a little experience myself in what might be called institutional life, as a graduate of the United States Naval Academy, where for four years we were subjected to rigid military discipline. Always before us stood the hope that we would be officers in the navy, and receiv- ing during all that time the best education that the government could give to its young men. Notwithstanding that. I have some- times expressed my feeling when I got home by saying that I felt like "a fish out of water." Heing told exactly how and where to put my shoes, how the toes must be pointed, exactly where each item of clothing must be hung, exactly what sort of cloth- ing to wear on every occasion, to look at the bulletin board to Report and Manual for Probation Officers 105 see whether the uniform was a raincoat, instead of looking at the clouds to see if it was going to rain ; to listen for orders of the officer in charge as to whether to wear an overcoat and drill gloves or go without, instead of looking at the thermometer ; to have our food prepared and set before us without the opportunity to say what it should be, or having any participation in its prep- aration or any responsibility for obtaining it. All these tended to a spirit of dependence. I speak of this because it is a per- sonal experience. Much the same thing must be true in every institution where a large number of children are gathered to- gether. When I was in New York I went into a building where on one floor, in one dormitory, some five hundred children slept, and in the institution there were altogether some twenty-seven hundred children. The ideal way of dealing with children is, of course, to deal with them in the home where there is a father and a mother. And I may say to you that if there were more homes where there are both father and mother, there would be fewer children in the juvenile court. You will understand, of course, that when I speak of the juvenile court problems, and when I speak of the boys and girls in the juvenile court and say that a large percentage of them come from homes in which there is either a father or a mother missing by reason of divorce, by reason of separation or by reason of death, that I do not refer to boys who are brought into court for coasting on the sidewalk, playing ball in the street, or for spitting on the sidewalk, or using roller skates, or speeding, or violating those ordinances which are general in their terms and made to protect the public against the improper use of the streets. My little boy of five, at the table the other day, asked me : "Papa, what is a village?" I answered the question by asking him the question, "What do you think a village it?" For as young a child as he, I thought his answer was very pertinent. He said, "A village is a place where there are many houses and no sidewalks, and you can play in any old place." I think that we are in a village tonight. We are thinking, though, (when we make the statement concerning defective homes) of the boy who is in court because he has shown a deficient character, in- corrigible tendencies, deliberate disobedience or has committed the more serious offenses. We are always called upon to bal- ance, in determining every case, the institution and the home. You will bear in mind that until the adoption of the juvenile court laws the court had no discretion to place the child who committed a crime in anything but an institution. It was bad that the institution was the state penitentiary. When I visited 106 Report and Manual for Probation Officers the penitentiaries in this state about three years ago I found that there were a large number of boys there, some of whom were as young as fourteen years of age, and they were having a school for these boys in which the teachers were convicts. It is no longer possible in this state to send a boy under fourteen years of age to the penitentiary unless he has first been tried in a re- form school and found there to be a failure, or to send a boy or girl under sixteen to jail until he has been tried and convicted of crime. Perhaps one of the greatest advantages of the new plan of dealing with children is that we can allow a boy or girl to remain in his own home, even though that home may be de- fective. The co-operation of the probation officer, if that officer is what he or she should be, not only reaches, the child in the home and guides and directs and assists that child, but if wisdom is used, if tact is used, the home itself incidentally may be im- proved, and the parents may be guided. We are apt to think that parents know what is best for their children ; that they have the absolute right to say what is best. The fact is that very many parents are exceedingly unwise in dealing with their children. They have never themselves planned long ahead for themselves, and they do not do so for children. The skillful and tactful and helpful suggestions of the probation officer who really desires the welfare of the child may be an upbuilding influence in every direction in the home. I say it has been possible in the juvenile court to replace children in the very homes which are declared unfit. In other words, we have sometimes made or- ders which seemed on their face to be absurd. We have de- clared a home unfit and yet, notwithstanding that fact, have re- turned the child to it. But it has been with this supervising in- fluence, and so the home has been raised up and made better. The boy who is adrift and is brought into the juvenile court, or the girl, is often placed in a family home. If the girl is a young lady, often a position by which she can at least earn her board and go to school, or earn something more than her board, is ob- tained. So far as possible, it is desired in those cases that she shall not be simply a servant but that she shall be one of the family and have the parental control and discipline of the father and mother in the home. The great effort of all connected with the juvenile court is to place each child in its own or some other suitable family home. TOO MUCH POWER. Let me say a word here concerning the power of the juvenile court. There are those who feel that there is too much power vested in the juvenile court. Indeed, some of those who con- Report and Manual for Probation Officers 107 tributed in the effort to place that power in the court are dis- satisfied with the fact that it exists there. But there is a saving clause in the juvenile court law which not only makes it constitu- tional but also makes it endurable and feasible and practical, and that is this : The juvenile court as such can have no power to take a child from its father and mother without the consent of the father and mother, unless that father and mother are unfit to have the custody of the child or incapable of exercising- super- vision over it. Let me make that plain, because it is of the ut- most importance. If your child should commit a burglary, or should commit a larceny, or should commit the most serious of- fenses, and be brought into the juvenile court, you need have absolutely no fear that that child would be taken away from your home unless the judge was able to say that you were unfit to have it in the home. But, you say, "If that is true, how shall we deal with boys who commit burglaries, boys who commit serious offenses against the persons of others, or against young girls?" The key to the situation is this: If the parent is unwilling to consent to the order that may be made by the court, and if the judge after hearing all the evidence should feel that the child should be placed in jail, for instance, or sent to the reform school or sent to the George Junior Republic or sent to the Parental School, and if after you have talked with the judge and the pro- bation officer and the officers of these institutions you should still feel that the child should not be taken from you, then the only way in which that could be accomplished by the officers of the law would be to send your child to the criminal court for trial, where the child would be tried for the offense, if the of- fense was denied, before a jury; and after a verdict of guilty is had, the child would then be dealt with by the court, still un- der the probation plan, if the judge thought desirable. There has been but one case in the history of the juvenile court out of the thirty-five hundred children and out of some ten or fifteen thousand hearings of children where the parents have refused to consent to the order suggested by the court, and that case was the case of a Chinese boy. It would be interesting to tell you something about that case, but I will not take the time, be- cause there are some other things that I wish to say before I close, and I must hasten to a conclusion. What are the agencies peculiar to the juvenile court, not connected with other courts? The first I have suggested are the probation officers. The officers really are to act as guardians, as teachers, as advisors, as supervisors of the children who arc committed to their care. They have an additional duty of making 108 Report and Manual for Probation Officers investigations before trials to assist the judge in his examina- tion of the witnesses and in the disposition of the case. There are some who have not understood altogether this function of the probation officer, and who have thought that they might hear evi- dence and determine facts and then present their conclusions to the court. This is not the law and could not be. The judge must hear the evidence and pass upon the case. THE VOLUME OF WORK. To show you the growth of the work in Los Angeles coun- ty, when the bill was first passed in 1903 there was provision only for volunteer probation officers, to be paid, if at all, by pri- vate subscription. In 1905, if I remember correctly as early, certainly, as 1907 there were two probation officers allowed to the juvenile court of Los Angeles county who received compensa- tion from the public treasury. This was true in no other county in the state. In 1909 the number was increased to seven, and in 1911 the number was increased to twenty. I wish to give you in a moment of time the volume of the work which is confided now to these officers, and I will say that all of the twenty have not yet been provided for. There are now on active probation, reporting from week to week to the proba- tion officers, 1434 children. When I tell you there are about 250 children in Whittier and 350 in lone, making 600 in these institutions, with all the expense and paraphernalia provided in those institutions, and that there are three times as many children on active probation in Los Angeles county, you get some idea of the proportion of the work. There are now on active adult pro- bation 361 men and women. This is more than one-third of the number in the Folsom penitentiary. For the supervision of these 1795 people adults and children there are, as I say, these twenty probation officers. ECONOMY I have never laid very strong emphasis upon the economical features of the juvenile plan of dealing with children, except when I have been asking the legislature to make some changes in the law and to give us these probation officers. But when. I remind you that the expense of maintaining these 1795 people in institutions, either reform schools or penitentiaries, would be $53850 a month, you can see the difference between the plan with which we are now dealing and the old plan. The total sal- aries of all the probation officers in the county, even the increased list, will be $23100 for the year, and, adding the expenses and This little 13-year-okl mother, whose head barely reaches the top of the chair hack, is a ward of the Juvenile Court. "Can't you see we are dealing with parents future parents, in the Juvenile Court." See pavre 109. Report and Manual for Probation Officers 109 salaries of the detention home and parental schools, two insti- tutions operated by the county for the betterment of childhood, we have a total annual expense of $30648 as against the monthly expense of $53850. There have been in the juvenile court in the last two years nearly five thousand hearings. In the last year, three thousand hearings. And, when I tell you that the judge of the juvenile court has not only heard all these cases an average of more than ten cases for every week day but has also taken the same assign- ment of civil business as the other judges, you can realize that he has not had the opportunity to hold receptions for every club woman that has come up to interview him concerning the gen- eral welfare of humanity and the question of probation in other states. WHAT HAS BEEN ACCOMPLISHED? It makes me feel that we are dealing with a very important period in the life of children when I reflect that the first girl, a girl whose case was case No. 1 in the juvenile court, has been twice married and has two children ; when I see these girls who have been before the juvenile court coming in with their babies on their arms and their husbands at their sides, asking the judge to see what beautiful eyes and curly hair their babes have : we feel that it was of some importance to the girl that she was be- friended at the time of her need ; that the young couple have been brought to peace and harmony and to look forward with unflinching and unashamed eyes toward the future we feel that something has been accomplished. It is a favorite expression of some in talking of child life, "The parents are the ones that ought to be brought into the juvenile court, and not the children ; it is not the fault of the children but the fault of the parents." How short-sighted ! Why does it not occur to those who make this remark that when we have the children in the juvenile court we have the parents to be? When we were teaching this girl to be decent and right, to work, to avoid theatrical clothes and roller-skating rinks and public dances and all that sort of thing, that when she would be taught her lesson, we were teaching the mother of that baby to be. That is exactly what is being done in the juvenile court, just as it is true in your schools. You are teaching the mothers and fathers of tomorrow, and tomorrow is so close upon us that we might say today. So, in this organization here, you parents and teachers are gathering together to study the welfare of the child, which means the welfare of the father and mother of the future. 110 Report and Manual for Probation Officers CONTRIBUTORY CASES. Rut in a different sense is it true in the juvenile court, since by reason of the amendments to the statutes we are now taking up cases which are called contributory cases. The provisions of this law I will not discuss in detail, for the reason that many of its provisions are now under consideration some by me and others by other courts and so it would be improper for me to discuss them in detail. But I can say to you in a general way that the law provides that anyone who contributes by any act to the dependency or delinquency of a child is guilty of the crime of a misdemeanor and can be tried in the juvenile court with or without a jury as he may demand. Let me show you what this means. I shall have to confess that in the early days of the juvenile court I used to say that I hadn't much sympathy for the one who kept crying that we should go after the parents, that they were to blame. For it would seem to me as I have looked into the eyes of these tearful mothers and anxious fathers that they were doing all they could within their limitations to care for their children. There was the washerwoman with eight children, who was trying to earn a living by washing for others during the week and for herself on Sunday ; there was the widowed mother left with many to sup- port ; there was the father left alone by the death of the wife with boys and girls to look after and not the ability to do it. But this law was passed, and it has developed that there are many cases where parents and others are directly responsible for the misconduct or the dependency of children. I could give you, if there were not so many small children here, many instances which would not only shock you and startle you, but give you some insight into what we are doing. The holy name of mother which I adore with all my being is sometimes profaned by those who directly and intentional}- contribute to misconduct to an extreme degree of their own girls. The drunkenness of the father, yes. and the drunkenness of the mother in more than one case, has resulted in some cases in both father and mother being brought before the court charged with being habitual drunkards, and confessing that fault. I thank God that many of these peo- ple, under the kindly supervision of the probation officers, and the certainty of a jail experience if there was not a change, have turned from their drunkenness and have made good with the children. In many instances, of course, they have fallen and have gone into punishment, and by enforced abstinence from liquor have so built up their systems that when released they were able to keep from the habit. A court of honor? \Yell, yes. Report and Manual for Probation Officers 111 Thank God there is honor in the heart of every human being, and we may have a touchstone which may flash into light and brighten lives. But, really, the juvenile court is a "court of trouble" troubled fathers and mothers, weeping children boys and girls and all that we ask as officers of the court is that God will give us wisdom not to add to the trouble, but, if pos- sible, to do a little to add to the joy of the home and to the future of this land that we have learned so much to love. Addresses to Boys by the Governor and Three Judges of Juvenile Courts Addresses delivered by the Governor, and the judges of the juvenile courts of San Francisco, Los Angeles and Sacra- mento on the occasion of the dedication of the Assembly Hall built by the boys of the Preston State School, July 11, 1908. Note. These addresses are herewith reprinted as showing the spirit of the state of California in dealing with her boys, and particularly as showing to probation officers the kind of influence sought to be thrown around boys at that institution. HIS EXCELLENCY, JAMES N. GILLETT, GOVERNOR OF CALIFORNIA. Mr. President, Cadets of Preston School and Fellow citizens: I have looked forward with a great deal of pleasure to the time when I could come to the Preston School and participate in these exercises. I remember during the last session of the legisla- ture one of your trustees coming to me and telling me they desired an appropriation of fifteen thousand dollars, with which to con- struct an assembly hall and gymnasium for the boys of this school, and telling me what a fine building they proposed to erect, and telling me about you boys and how industrious you were and how attentive to your duties and how much you de- sired to help build this fine building, and I said to him : "You can have whatever money you need to build, for the boys of this school, a building of the kind you have described." I saw a little model which you had prepared and which was exhibited at the last State Fair. It gave me some idea of the work which you proposed to do, but I never realized how fine a building it was until today, when I came upon the grounds and I saw it standing here, a fully completed building with the stars and stripes wav- ing over it. Hoys, you are to be highly complimented for what you have done. You have built a building which would be a credit to any city or institution. You have built it, as Mr. Dunton has said, out of the raw material, it is the work of your hands, and of those who have assisted you. You have been, I know, filled with pride in the construction of this building from the time you first broke the ground, until you put up the flagstaff and raised the stars and stripes. I know the interest you must have taken Report and Manual for Probation Officers 113 in this work and I know today you are much interested in these exercises and we have all gathered here to compliment you for the good work you have done, and I hope and trust that your good work will not stop here at the completion of this building, and as long as you remain cadets here, you will continue to dis- charge your duties and help to build up the institution. Every person in the State of California is your friend. This big State of ours has a deep feeling of pride in its boys. We want to see you all become good citizens. We want to see you, whenever you leave this institution, to go out in the world and fill an honest place, and to be engaged in noble work and hon- orable occupation. We have broad fields to cultivate, large cities to build, homes to make everywhere, and great mines to develop, and we need bright young men, we need just such boys as have built this magnificent building, and when you go out and become men and assume the responsibilities of citizenship and high life, what we want you to have from this school, is a proper feeling and regard for the State, for its laws and for everything which stands for right and stands for everything that is ennobling and good. We know you will do so, boys, and we have confidence in you, and we hope that the cadets of Preston School will not only build buildings here, but that the good results of your handiwork will be seen all over the State, and I know every one of you who has helped to build this building will look backward to the time when you were here and will point your finger with pride to the great work done here. I want you all to be good builders. We are all building, men have always been builders, engaged in building cities, engaged in building railroads, engag- ed in building governments, engaged in building high character in life, and you are builders. How may boys here today are proud of this great building which you have constructed? Raise your hands high. (Applause.) You are all proud of it and so are we, but I want to tell you something, boys: that this building, beautiful as it is, strong and firm as it is, is not com- pared to the building of a high character and a good name. You are proud of the building you have built, but you have in your own keeping the building of your own manhood, your own boyhood, which is of greater importance and more magnificent and beautiful than any building which man's hands can con- struct, and we know that you boys feel and appreciate that. Now there are a great many to speak here today. You have your judges who wish to talk to you. As I said, T am proud of the opportunity to be here with you boys and I hope I 114 Report and Manual for Probation Officers can come again. I know of the good work you can do by the good reports that come to me, of the good reports that go out through the State, and I want the good work to continue. I want the Preston School of Industry to stand at the head of all schools of industry in the United States. The man who started this school first, who gave to it his best efforts, wanted to build a home for the boys of this State who had no homes, who loved boys dearly, whose heart went out to them every time, Senator Preston, who built this school. Now if he were living today, I know he would be proud of the school and the young men here in it, learning trades and getting an education. And the little boys that sit here in front of me, I am fond of little boys, and I have a little boy of my own at home, about the size of this little fellow on the end, you are growing up here with good friends and are well cared for, and it will not be very long before you will be big boys and you will not much sooner be big boys, than you will be young men, and I want you little boys, as you grow up, to obey all the com- mands and to observe all the rules, to treat each other nicely, to be courteous to the officers and teachers, and when you grow up, everybody will be proud of you and you will fill a nice place in the history of this big State of ours, and some day you may gather here at the Preston School of Industry, as we are here today, and have little boys in front of you as I have today, and you will be proud of the fact that you had your start in life, your kindest friends, while you were cadets of the school. Boys, it is the hope of the Governor of the State that you will be good men. I would rather you would be good men than have any- thing else happen to you, because that means you will be good citizens and all your lives you will be happy. It is the wish of the Governor of the State that the boys who are being educated at the State's expense, shall turn out to be the good boys of this State and always defending its insti- tutions. I thank you kindly. HON. FRANK J. MURASKY, JUDGE OF THE JUVENILE COURT, SAN FRANCISCO. Your excellency, boys : You have already caught the thought that is in the minds of us all today. It sprang from the lips of the first speaker and it has been reiterated by all who came after, the great achieve- ment of you boys in constructing, by your own hands, by your own labor, this magnificent building. Report and Manual for Probation Officers 115 The State of California is engaged in a great many enter- prises. The Governor is now interested in a project by which he hopes to raise, as we see by the newspapers, some eighteen million dollars for the purpose of construction and re-construct- ing roadways throughout the State, but of all the work in which the people are engaged, or of all the work in which the Execu- tive is employed, in all the work in which the machinery of government is moving, none is more important, aye, none is so important as the making and conserving of the manhood of the State of California. Mr. Dunton told you about the assembling of this raw material from the various sections of this State and country. He told you how some of it had been taken from the earth and other from the riverbed and the other from the trees. You, assembled here today, are elements in the makeup of the citi- zenship of California. You are the raw material, soon to be sent out of this institution into the ranks of the thousands in your State, and with them to make up the citizenship of this com- monwealth. Now, boys, a word to you. When you leave, you will leave behind this building, and take with you only a memory of what has been done for you here. These gentlemen, coming with the honors of high office upon them, and from distant parts of the State, and from busy avocations of life, have told you how sincere and how earnest they are in your behalf. It is because, as I have said, there is nothing so important in all tliese gentle- men have to do, as the work in which the State is engaged right here with your personalities. (Applause.) A few years ago there died a very popular Scottish writer by the name of Dr. McLaren. He wrote a little book of tales called, "Tales of the Bonnie Brier Bush," and in one of them he tells a pathetic little story of some unfortunate characters without any home. A doctor, traveling along the roadway at the close of day, meets a little girl about fourteen years of age, bearing upon her back a boy almost her own size ; and the doctor seeing her struggling along, stops her and says: "\Yhy, my little lass, is he nae heavy?" and the little girl replies: "Why, doctor, he is nae heavy, he is my brother." And so, boys, the State of Cali- fornia has come to you today, the State of California has put upon its shoulders many burdens in your behalf. The people in this commonwealth are taxing themselves in your interests, but whatever they do, however great it may be, however great the labor given therefor in your behalf, how much the money, how much the exertion, they are all put forward faithfully, 116 Report and Manual for Probation Officers fervently, and gladly, because we recognize that you are our children. You are our boys. You are the boys of California. In the language of the street, and the language which you know, boys, after you reflect awhile and listen to all this talk which has been brought out in praise of you, you may feel like saying: "They are giving us the con," but I was present when the Gov- ernor of this State was nominated for the high office that he holds, and there in the presence of thousands who were showing him the greatest acclaim and honor, in what must have been one of the happiest moments of his life, his heart could not have been fuller, could not have been purer, could not have been more sincere than I know it is at this moment. That is why, over all others, you took Mr. Dunton into your arms. We who know him know why, because he knows you and you know him, and you know he is your friend. You know it all the time, in school and out, as the story goes, on the street and everywhere else ; in the train coming up it was "Preston boys" all the time, and I suppose we shall have it on the train going back. I heard him in a meeting in San Francisco, not long ago, make a speech, talking about this institution, in which he said, were it necessary he would be glad to have one of his own boys go here to the school ; he knew he would receive good and proper training right here in Preston School. Now, don't be afraid to go out into the world, boys. At most you have only sixty or seventy years more to live and you are going to spend only a small portion of it here. (Applause.) What are two, three, four or five years to sixty or seventy? (Applause.) The professor says you have taken the hint. (Applause.) TUit seriously, boys, the most you can make of life is a life. We are to be here but once and it is a great and glori- ous world to live in. It is a fine old world for all you may hear it abused. It is a fine, good old world and it is a fine old life we have to live. What is the use of throwing it away? You are never coming back! You are on the way and you are never coming back! While you are here why not make the best of it? Why not get all there is out of it? Why not open the oyster and take all the juice? Take all life can give you. You can only get it by being true to yourselves and being straight with yourselves, fellows. P>e straight with yourselves and you will be straight with everybody else; straight to your home and straight to your father and your mother, straight to these friends and straight to the State of California, and then you will know what it is to live in the sunshine of decency and self-respect and manhood. Report and Manual for Probation Officers 117 Wouldn't you like to be here as the Governor of California? Why can't you? There is not a boy in this room today that can give me a reason why he can not be a Governor of Cali- fornia. Governor Gillett has said you may possibly some day come back here and see other boys here. I say it ought to be the great ambition of the Preston School to see one of its boys come back here and stand on this platform as Governor of the State of California. (Applause.) Why can't you do it? You can do anything, boys, that you want to do. All you have to say in this world, to get anything you want, I do not care what it is, it is the experience of thousands of years and of races of people, it is the experience of men everywhere, all you have to do when you want a thing, is to say, "I will," "I will." It is the will that makes the man, makes him what he is. You have all heard of old Napoleon, who about owned the whole world at one time, not many years ago, when he con- quered all Europe, and the people thought he might slop over and go off the earth somewhere seeking new worlds, because there were no more countries to conquer ; how he became the greatest French Emperor and how he gave kingdoms away, and put his brothers and sisters and friends upon the thrones of Europe. Only the other day King Oscar of Sweden died, and now his son sits upon his throne. King Oscar, one of the reign- ing monarchs of Sweden, was the descendant of a private in Napoleon's army, Marshal Bernadotte, as he afterwards became. The Marshals in those days corresponded to our generals, and carried batons, instruments like a long brass telescope, to be used for carrying papers, etc. Bernadotte was ambitious, and he said: "Some day I shall be a Marshal of France, a Marshal of France." What did he mean? He meant that his will power directed his heart and energy upon the thing that he wanted to do, so that after a while he became a good soldier and officer, and became a Marshal of France. He attracted Napoleon's attention, and when Napoleon was giving away kingdoms he gave him one, and his descendants became rulers of empires and thrones. Now you can do it, boys. Don't build castles in the air, we don't want you to do that, and on the other hand don't despair, just work on, work on, and keep your mind fixed somewhere. As luiierson said: "Hitch your wagon to a star." Aim high, and keep at it. Some day some of you may be Governor of the State of California, but if you are not, if you just go out and back to your homes and back to your friends and back to your- selves, now that you are good men and straight men, we will 118 Report and Manual for Probation Officers be proud of you. I do not mean goody-goody men, but the men who do the world's work ; not as Roosevelt says, "molly- coddle," but good, straight, decent men. We know what Mr. Dunton thinks and feels about you, and I know I can speak for the other judges of the juvenile court when I say that the best moments of our lives, in our judicial work, when we feel we are not working in vain is when we receive some word from the boys of Preston School and when it comes headed as yours come, "Dear friend." Now we will all try to make good with you. We cannot always do what you ask us to do, and sometimes we cannot keep the promises we make, but when we make them they are made in good faith, and whatever happens, these gentlemen are friends of yours, and their interest in you will follow you wher- ever you go, boys of Preston School. HON. CURTIS D. WILBUR, JUDGE OF THE JUVENILE COURT, LOS ANGELES. I want to speak to the boys that I know and to the boys with whom I am getting acquainted. I have been introduced to you as from the "sunny south- land," but I want to say that I am convinced that we are not the whole thing in that line. Boys, I have been looking this building over and I have ob- served that it has been well constructed. I want to say that I think that it is all right and I am glad to have the privilege of standing before you this afternoon, in this beautiful building which you will always own, because you helped to make it. I want to remind you, however, that this building stands for more than is apparent on the surface : It stands for progress. The other day I picked up a magazine which gave an account of the punishment which they used to inflict for crime, and the first picture was of a great kettle of boiling oil, in which there were four or five men and boys. There was a fire under this ket- tle and men standing alongside and taking this hot oil up, and pouring it over the men who were in this kettle, being boiled alive ; and that was less than two hundred years ago. It is only about twenty-five years since the State of Califor- nia came to itself and resolved that no more boys should be sent to penal institutions, the State prisons, but should be sent to schools where they should learn' to do right. America has advanced in this as in all other lines. I want to say to you that England, Austria, France, Hungary, Russia and some other foreign countries, including Sweden and Norway, have sent men to this country to find out how we were solving this ques- Report and Manual for Probation Officers 119 tion, and they are carrying back to their countries the good news. They are establishing in these foreign countries juvenile courts patterned after those which they have seen in this coun- try and they have learned, as we have, that it is our duty not to hinder but to help. We have been very fond, in our scientific endeavors, of classifying all sorts of things, mineral, vegetable and animal. Our scientists will take a six-legged bug and give it a name, and if it has four legs it has an entirely different name, and we who have been dealing with men have also classified them. Some- times we have spoken of two classes, the criminal class, and the other class. We have spoken of the good boys and the bad. I want to ask you, boys, if you ever saw a boy so bad that there was not some good in him ; and if you ever saw a boy so good that there was not some bad in him. We who are older, and are dealing with these questions, are coming to realize that there is a great deal of truth in the saying: "that there is so much bad in the best of us, and so much good in the worst of us, that it scarcely behooves the most of us to talk about the rest of us." (Applause.) Jesus Christ expressed that in a very simple sen- tence, "Judge not that ye be not judged." I suppose that one of the worst men that ever lived is now confined in a northern penitentiary. I hesitate to mention his name, but in order that I may not be misunderstood I will : his name is Harry Orchard, a man who committed murder by wholesale, who thought nothing of the life of another man or his family, and yet there was still enough good in that man, so that when the little flame left in his heart was fanned by those who came in contact with him, he began to see the enormity of his crimes. He made reparation so far as he could, and today we have the singular spectacle of this man begging that he might be hanged, saying that his sins had been so great, that in no other way could he atone for them. So I repeat, that there is good in every heart, and the purpose of this institution is to bring out the good and to subdue the evil. If I were to undertake to classify men I would not classify them as good and bad, as brilliant or ignorant, but I would di- vide them into two classes, men who seek to know the right and to do it and those who do not, and I say to you that however much you may learn of any trade, however brilliant you may become intellectually, however successful you can become in acquiring wealth or station, if you have not here learned a les- son, that the thing for you to do is simply to seek the right and having found it, to do it, then this institution, Mr. President, has 120 Report and Manual for Probation Officers failed of its great purpose ; but I have great cause to believe, not only as I see you, but from the letters I have received from the boys who have known me in the past, that the one great principle which has become established in their hearts here, has been that they should do right. I could name some of the boys who have written me so and I believe it is true. It is not easy to do right ; it is not easy, it is hard. Mr. George, the founder of the George Junior Republic, that most remarkable institution in which boys have a govern- ment of their own, elect their own officers and carry on their own form of government, whose principle is, "nothing without labor," said a young man came to him once, a young man who had been in the penitentiary and had been released. He came to Mr. George and said : "Mr. George, I have decided to take up burglary as a profession." When Mr. George was tell- ing this story a listener asked him why the young man had gone to him with his decision, (laughter), but Mr. George was known as a friend of the boys and this boy who had made this reso- lution thought he would talk it over. Mr. George discussed the matter with the boy and said : "You ought to try to be good," and the boy said : "Why, it's dead easy to be good. I want to do something hard." Mr. George said he tried to show him how hard it is to be good, and finally the fellow said : "Well, if it's as hard as that to be good I guess I'll tackle it." (Applause.) Boys, it is a wonderful story and I am hardly able to believe it myself, except as I had the word of Mr. George that that boy, who could barely read and write, in less than three years pre- pared himself for college. He became as strong for the right as he had been for the opposite. I am sorry to say, however, that he worked so hard that he was stricken by brain fever and did not live to complete the plans which he had made. It has been suggested to you as we have looked at this building that there were some lessons to be learned therefrom. The first is the lesson you find in the very early chapters of this book [holding up the Bible], and I think, judging by the situa- tion today that you must have learned that lesson. That is that you "shall earn your bread by the sweat of your brow." I want to emphasize to you, however, another lesson, that is the lesson of character building, which has been referred to here this afternoon. I want you to remember that you took the sand and cement, mixed it, made these blocks, and by building one upon another finally completed this building. It was not done in a moment, nor in a day, but day after day and week after week you labored and brought together this material. Report and Manual for Probation Officers 121 That is exactly the way in which your character must be build- ed, and my character and the character of these gentlemen on the platform. We are all engaged in that great endeavor to the end, that when we have surrendered this life, there may be something to launch into a better life, a character worthy of the future life. I want to point out to you the contrary of what I have been saying. Do you know that if a few boxes of dynamite were brought in here and placed on this floor and were exploded, this building would be blown to atoms, and every one of us and the time that went into the formation of your characters and this edifice would go out like that! [Snapping fingers.] While it is not ordinarily true that a man in one instant ruins that which he has labored so long to produce, sometimes it is true that with a single act a man destroys that which it took years and years to build. Another thing, you boys built this building, didn't you? What did you have? You had a plan. You had an architect who presented to you a plan and in different groups and in do- ing different things you worked in accordance with that plan, until you had completed this building. I want to say to you that you never can become what you ought to be, you never can be- come worthy citizens unless you have some plan. A man who forms no resolutions, who makes no pledges, who has no par- ticular object in life will never be a good and worthy citizen. (Applause.) Judge Murasky has suggested that you might all plan to be Governors of the State of California, and he said that not one of you could suggest a good reason why you should not all be Gov- ernors. Well, we can only have one Governor at a time. (Laugh- ter and applause.) I think I can illustrate what Judge Alurasky meant and at the same time save His Excellency his job, by telling you a story of a man who died and left a vineyard. He had three sons who were rather lazy and shiftless. Before he died he called his sons and said: "I am going to leave you a very large fortune but it is buried in the vineyard. If you will dig there for it you will find it, but one thing you must be very careful about, you must not dig close enough to the vines to injure the roots or you will not find that fortune." After he died these sons all went out to find this hidden pot of gold, and they dug in the ground but they never found it, but they noticed when fall came on that these vines which had heretofore borne very little fruit, were filled with grapes and they took these grapes and sold them and 122 Report and Manual for Probation Officers received much gold therefor, and when they brought the gold together and saw the pile they talked it over and said : "Perhaps after all, what father wanted us to do was to work that vine- yard." (Applause.) Now, while we won't seriously promise that you can all be Governors of the State of California, we may say to you, with some degree of assurance, that if you make up your minds to be a good enough citizen to be a Governor, that while you may never realize that ambition you may perhaps realize a higher one. You may be a judge of the juvenile court. (Laughter and applause.) Yes, we pay our judges more than we pay our Gov- ernor. I don't think that is right. (Applause.) I make a motion right now that we increase the salary of the Governor. We never can pay him all he really earns, however, because it would bank- rupt the State treasury. I am going to turn for a moment from the line of thought I have just been giving you to emphasize what has been said to you at least twice this afternoon, that every boy is the architect of his own fortune and character. We hear a good deal said, Mr. President and Mr. Superintendent, in this day and age, of heredity, and there are some people who explain meanness in boys by saying they inherit their meanness. Don't ever try to impose upon the Court that way, though. That is an old, old story. Nearly three thousand years ago there was a saying in the land of Israel, that the fathers had eaten sour grapes and the children's teeth were set on edge. Now the Lord sent a prophet to tell these people that they had no right to say that, and here is what he said : Ezekiel, 18 :20-23. 20. The soul that sinneth it shall die. The son shall not bear the iniquity of the father, neither shall the father bear the iniquity of the son: the righteousness of the righteous shall be upon him, and the wickedness of the wicked shall be upon him. 21. But if the wicked will turn from all his sins that he hath committed, and keep all my statutes, and do that which is lawful and right, he shall surely live, he shall not die. 22. All his transgressions that he hath committed, they shall not be mentioned unto him; in his righteousness that he hath done he shall live. 23. Have I any pleasure at all that the wicked shall die? saith the Lord God: and not that he should return from his ways and live? Boys, in closing, I cannot resist calling your attention to the fact, which every one of us, oldest as well as youngest, may well remember, and that is that we live in one of the greatest and most glorious countries upon the face of the earth. These words are not mere idle words today. It is brought home forci- bly to my mind because of the fact that I have a sister in far Report and Manual for Probation Officers 123 distant Persia, and there men and women are now being slaugh- tered in the streets by the soldiery, and the soldiery are being slaughtered by the citizenship. Thousands have gone down in death. What for? In order that there may be established in that land something of the liberty which you and I enjoy as our free heritage, and let me beg of you, as I close, that each and every one of you resolve in your hearts that that beautiful statue which stands in the harbor at New York, with uplifted hand and torch, "Liberty Enlightening the World," shall be no idle dream but that that torch shall be uplifted and shall shine until in every nation there is the liberty which you and I enjoy in this beautiful and God blest country. HON. JOSEPH W. HUGHES, JUDGE OF THE JUVENILE COURT, SACRAMENTO. Your Excellency, Mr. President, Ladies and Gentlemen and my Little Friends : I want to assure you first that I am not going to make you a long speech. My associates from the larger cities of San Fran- cisco and Los Angeles have made you good speeches. Speeches that I know you have enjoyed hearing and I also have enjoyed hearing very much. There are a few ideas that I want to call to your attention. First, though, I want to join with every speaker in congratulating you upon this magnificent piece of work. One of the speakers said that it is a mile-stone or a sign-board on the road of prog- ress and I want to concur in that sentiment. I want to congrat- ulate you, I want to congratulate all the people of California in the proposition that it is a sign-board on the road of progress. I want to say to you that during the last ten years in California, and in every state of this great Union, there has been a most rapid progress made with reference to doing something for young men like you. I want you to know that in every state in the Union the people are aroused to the necessity of doing something for the boys and something for the girls. I want you to know that right in California a great deal has already been done. The laws, many of them, have already been adopted so that great institutions like this are being opened throughout the State, and that the best men and women in the State are giving their time, their labor and their lives to pointing out to you and to other boys, the road that makes of you and every one of you a good man, a good citizen, a man who goes out among the rest of the people of this great commonwealth and looks every other man in the eye and has the feeling and knowledge that he is doing what is right and is not afraid of any other man. Don't you 124 Report and Manual for Probation Officers ever stop to think of that, boys? Every day of your lives just stop and think of that and if you can say to your own heart that you know you are doing what is right, you do not know how brave it will make you feel. Whenever you go to take a step in any business, I do not care what, just stop and ask yourself: Am I doing right, is it on the square, is it decent, am I doing anybody else a wrong? and let your heart and conscience tell you you are doing it right and if anybody else attempts to tell you that it is not right, then you are ready to square off and fight. Tell him you did it right and you are proud of it. There is nothing that will make you feel better than to do it. Now with reference to this progress I have been talking to you about I want to say a few more words. I want you to know that the statement our good Governor has made to you, how willingly he gave the fifteen thousand dollars to enable you to put up this magnificent assembly hall, is seconded by the peo- ple of the State. I say to you now that the people of this State are learning the necessity of doing this kind of work to that degree that I feel confident in saying to you that the next legisla- ture of the great State of California will adopt such laws as that the judges of the juvenile courts and the other officers of the law charged with the performance of duties in your behalf, will be able to do more for the cause and for you boys. I want to see the law, with reference to commitment to this institution, changed so that every boy who ought to be here can come with- out the restrictions that are placed upon the judges at this time. (Applause.) I want you to kno\v that all over the world the sentiment is not to spend so many millions of dollars in prosecution and punishment of crime, but on the contrary to spend the money in the prevention of the making of the criminal. One week ago last Monday the Home Secretary of the Brit- ish Empire, Mr. Gladstone, introduced in the parliament of that country a law absolutely remodeling and changing entirely the criminal statutes of that country to the end that the punishment for crime shall no longer be as it has been in England, but that the protection shall extend to every man who is being punished for crime an opportunity, by his own efforts and labor, to shorten his term and to obtain his freedom. I say that that sentiment is prevailing all over the world and it is a guarantee to you boys that if you do what is right, man to man, you may know the people will do what is right by you. They want to help you along and with this sentiment prevailing throughout the country I know we will find that every one of you realize how the people Report and Manual for Probation Officers 125 feel about you, proud of you as they are, and you will go out into the State and make good honorable men that we will be proud of. I know you will do it. Now just a word more that I want to say to my boys who are here, and I claim every one of you, if you ever come to Sacramento. I want to tell you this, I have talked to people there about getting their help along lines of this kind. A good many of my boys have been away and have come back to me. Now I want every one of you when you come back to town to come and see me. I want you to know that when you come to see me that I am going to help you get a job, if it is in me. I have told the people down there that I have got to have their help in finding a job for you, and I am glad to tell you that there are a lot of good people there who have volunteered to act the part of big brothers to you, and they will help you to find work, so I want you to come. I thank you kindly for the patience with which you have listened to me, and I want to say it is a great pleasure to look into your faces, to know what you are doing, to know what is being done for you, and it is the pride of my life to see this build- ing dedicated today. I thank you very much. Reports Los Angeles County Juvenile Court In Los Angeles County the juvenile court has been estab- lished and a probation committee and a probation officer ap- pointed. We make the following extracts from the annual report of the Chief Probation Officer, Mr. A. C. Dodds : "The duties of a judge of the juvenile court do not end with merely passing sentence upon each individual brought before him. Each case means that a rigid inquiry must be made into the surrounding circumstances of a family, schooling, and asso- ciates of the juvenile offender; that, if possible, a cause may be found for their waywardness and a proper remedy applied to fit each individual case. "To this end it is nearly always necessary that the case be continued and the child placed under observation for a time. Then follows a careful study of the boy's or girl's disposition, habits, mental and physical characteristics, and when these are understood, a final decision can be reached, based upon a diag- nosis of each case, and such action taken by the court as will preclude injustice to the child or to its relatives. "Oftentimes these continuances of a case have to be re- peated from week to week, and upon the reports made to the judge of the conduct of the child the court can impress upon it such advice and counsel as particularly fit with the conditions. Permanent and lasting impressions for good upon a child are only reached in time and with a knowledge of the effect the system followed in the juvenile court has upon each case for the better. It is the system of continuing the close supervision of a child which is the keynote to success in accomplishing a refor- mation, and it is due to this system that so many arraignments, often between twenty and thirty, are before the court each week, while as a rule, only a few new cases command the attention of the judge at each session of the juvenile court. "Each time a child is arraigned before Judge Wilbur his instructions for its further restraint or discipline are based upon the improvement which has been made manifest in that special case, and to decide when the improvement has been such as to justify the court in releasing the child under supervision of the probation officer. Report and Manual for Probation Officers 127 "In connection with the work accomplished in open court, Judge Wilbur has assumed much additional work, and is con- tinually having personal interviews with both the children and their parents or guardians in his chambers, whenever time can be spared from his judicial duties. This work by the judge has been an exceedingly important factor in the marvelous success of the juvenile court in Los Angeles, and has been in all ways for the best interests of the children, while the intent and pur- pose of the law creating the court has been given its most com- plete interpretation. "Under the provision of Section 10 of the Juvenile Court Law a board of six citizens has been appointed to investigate all societies, organizations, or individuals applying for, or receiv- ing, the care or custody of delinquent or dependent children. The present board consists of four women and two men : viz., Judge H. H. Klamroth of Pasadena, chairman ; Mrs. W. J. Washburn, secretary ; Mr. Leonard Merrill, treasurer ; Airs. J. F. Sartori, Miss Evelyn Stoddart, and Mrs. Nora McCartney. "The work of this board has been of inestimable value to the court. Not only have they faithfully performed the duties assigned to them under the law, but some of them have been present at every session of court, and they have manifested a direct personal interest in the children who were up for a hear- ing; they have talked with and advised them and their parents, and in many cases have helped to bring about a better condition of things in the wretched homes from which many of the chil- dren have come. They have also been willing to act as proba- tion officers in special cases, and have found homes for many homeless children; and besides raising the money among the women's clubs of the city and county to pay the salary of the probation officer, they have raised and expended a considerable sum in paying for the board of children whose homes were unfit places for them to live in. One of these ladies has even taken a homeless waif into her own palatial residence and is rearing her in the midst of cultured surroundings and refined luxury to be- come an ornament to the society in which she moves. "They have given careful attention to the operation of the law in all its various phases, that they might observe its weak points, if any, and by co-operation with similar boards in other cities, use their best endeavors to have such amendments made as will make the law more effective and productive of still better results. 128 Report and Manual for Probation Officers Report for the Year 1905 Juvenile Court, Los Angeles County. Number of cases hoard on continuance 434 Number of new cases heard Boys 174 Girls . 32 206 640 BOYS. On parole 124 Sent to Whittier" 16 Sent to lone 1 Sent to Catholic Orphanage 2 Sent to Feeble-Minded Institute 1 Returned to friends 7 Placed in homes 7 Number of cases dismissed 8 Escaped 8 174 GIRLS. On parole 8 Sent to Whittier 2 Sent to Good Shepherd 10 Sent to Catholic Orphanage 1 Sent to Feeble-Minded Institute 1 Returned to friends 3 Placed in homes 4 Dismissed 3 32 *In addition, there were 23 cases sent to Whittier from former years, having failed under probation, and one case sent to lone. [From report of State Board of Charities and Corrections, 1906, pages 133-135.] Ten Reasons Why A Boy Ought To Be Good " Composition written in the Detention Home Public School, by a Ixjy in response to a request from the Juvenile Court Judge for ten such reasons. 4k. A Ten Reasons Why A Boy Does Wrong" Composition written l>y the same loy ( ente 12 years) at the same time, and on the same request, as the one on the back of this pa^e. ^ * KA. , 97). It shall be the duty of the attendance officer, or of any peace officer or any school officer, to arrest during school hours, without warrant, any child between eight and fourteen years of age, found away from his home, and who has been reported to him by the teacher, the superintendent of schools, or other person con- nected with the school department or schools as a truant from instruction upon which he is lawfully required to attend within the county, city, or city and county, or school district. Such arresting officer shall forthwith deliver the child so arrested either to the parent, guardian or other person having control or charge of such child, or to the teacher from whom said child is then a truant, or if such child shall have been declared an habitual truant, he shall bring such child before a magistrate for commitment by him to a parental school as provided in this act. The attendance officer or other arresting officer shall re- port promptly such arrest, and the disposition made by him of such child to the school authorities of such city, or city and county, or school district. Any child may be reported as a truant, in the meaning of this act, who shall have been absent from school without valid excuse more than three clays or tardy on more than three days, any absence for a part of a day being regarded as a tardiness. Any child who has once been reported as a truant and who is again absent from school, without valid excuse, one or more days, or tardy on one or more days, may again be reported as a truant. Any child may be deemed an habitual truant who shall have been reported as a truant three or more times. Any child who has once been declared an habitual truant and who. in a succeeding year, is reported as a truant from school one or more days or tardy, on one or more days without valid excuse, may be again declared an habitual truant. Report and Manual for Probation Officers 159 Establishment of Parental Schools. Sec. 6 (as amended, Stats. 1907, pp. 97, 98). The hoard of education of any city, or of any city and county, or the hoard of trustees of any school district having at least six hundred census children, may establish schools in a manner hereinafter prescribed, or set apart in public school buildings for children between eight and fourteen years of age, who are habitual truants from instruction upon which they are lawfully required to attend, or who are insubordinate or disorderly during their attendance upon such instruction, or irregular in such attend- ance. Such school or room shall be known as a parental school. A parental school, as herein designated and provided for, shall be one of the primary or grammar schools of the city, or city and county, or school district, and the teachers therein shall have the same qualifications and be employed and paid in the same manner as in other primary and grammar schools ; but such parental school shall be established and maintained spe- cially for the instruction therein of such pupils, between the ages of eight and fourteen years, as shall be committed thereto as provided in this act, and no pupil shall be committed to, or required to attend, such school, except as in this act provided. Said board of education or board of trustees may make such special rules and regulations for the government of a parental school as shall be consistent with the provisions and purposes of this act, and not contrary to law. Such board may provide for the detention, maintenance and instruction of such children in such schools; and the county superintendent of schools, or such board, or the city superintendent of schools in any city, or city and county or board of trustees, may, after reasonable notice to any such child, and an opportunity for the child to be heard, and with the consent of the parent, guardian or other person having control or charge of such child, order such child to attend such school, or to be detained and maintained therein for such period and under such rules and regulations as such board may prescribe, not exceeding the remainder of the school year. If such parent, guardian, or person having control or charge of such child shall not consent to such order, such child may be proceeded against under this act. If any child in any city, or city and county or school district in which a parental school shall be established, shall be an habitual truant, or be irregular in attendance at school, within the meaning of these terms, as defined in this act, or shall be insubordinate or dis- orderly during attendance at school, it shall be the duty of the attendance officer, or of the secretarv ol the board ol education 160 Report and Manual for Probation Officers or clerk of the board of trustees if there be no attendance officer, to make and file a complaint against such child, in the proper court, charging the fact, and to see that such charge is prose- cuted by the proper authority; and if the court, upon the hear- ing of such complaint, shall find that such charge is sustained, the court shall render judgment that such child be committed to, and be detained and maintained in, a parental school in such city, or city and county or school district for a term not to exceed the remainder of the current school year; provided, that if any child in any district of a county where there is not a parental school shall be an habitual truant, or be irregular in attendance at school, within the meaning of those terms as defined in this act, or shall be insubordinate or disorderly dur- ing attendance at school, it shall be the duty of the county superintendent of schools to make and file a complaint against such child, in the superior court of such county, charging the facts ; and if the court, upon the hearing of said complaint, shall find that such charge is sustained by the evidence, the court shall render judgment that such child shall be detained and maintained in a parental school, if there be one in such county, during the remainder of the school term, and if there be no parental school in such county, the court shall render judgment that the parent, guardian or person having the con- trol or charge of such child shall deliver such child at the be- ginning of each school day for the remainder of the school term, at the school from which such child is then a truant; provided, that if the parent, guardian, or other person having control or charge of such child shall, within three days after the rendition of such judgment, execute a good and sufficient bond to the board of education of the city, or city and county, or board of trustees of the district, with sufficient sureties, in the sum of two hundred dollars, conditioned that such child will, dur- ing the remainder of such current school year, regularly at- tend some public or private school in such city, or city and county, or school district and not be insubordinate or disor- derly during such attendance, such bond to be approved by the judge of said court, and be filed with the secretary of the board of education or clerk of the board of trustees, then such court shall make an order suspending the execution of such judgment so long as the condition of such bond shall be com- plied with. If the condition of such bond be violated, such court, upon receiving satisfactory evidence of the fact in any action brought therefor shall make an order declaring such bond forfeited and directing such judgment to be thenceforth Report and Manual for Probation Officers 161 enforced. Such board of education or board of trustees may, at any time within one year after any such bond shall be de- clared forfeited, have execution issued against any or all of the parties to such bond, to collect the amount thereof ; and all moneys paid or collected on such bond shall be paid over to the parental school fund of such city, or city and county, or school district. No fees shall be charged or received by any court or officer in any proceeding under this section. The confinement of any child in a parental school shall be conducted with a view to the improvement of the child and to its restoration, as soon as practicable, to the school which he would, if not so confined, be required to attend. The city superintendent of schools, or, if there be no city superintendent, the board of education of any city, or city and county, or county superintendent of schools, shall have authority, in their discretion, to parole at any time any child committed to, or ordered to attend, a parental school, except when such commitment shall be by judgment or order of a court; and when such commitment of any child shall be by judgment or order of a court, such court may, on the recom- mendation of the city superintendent of schools, or the board of education or county superintendent of schools, make an order paroling such child, upon such terms and conditions as shall be specified in the order. The expense incurred by any city, or city and county, or school district in purchasing or renting a school site, erecting or renting a building and equipping the same, for the maintenance of a parental school, shall be paid out of funds other than those collected for the maintenance of schools. The salaries of teachers and the expense for all school supplies in a parental school shall be paid out of the same funds from which similar salaries and expense are paid for primary and grammar schools, but all other expense incurred in the maintenance of such parental school shall be paid out of the parental school fund. Method of Procedure for Establishing Parental Schools. Sec. 7. Whenever any board of education shall determine that it is necessary or expedient for the city or city and county to establish and maintain a parental school, said board shall furnish to the city council, or other governing body of such city or city and county, all necessary and required information and statistics, and if, after consideration, such city council or other governing body grants its consent for the establishment of such parental school, then the board of education shall furnish to the authorities whose dutv it is to lew taxes in such city, or city 162 Report and Manual for Probation Officers and county, thirty days before the time specified by law for fixing the annual tax rate, an estimate of the cost of purchasing or renting a suitable site, and also an estimate of the cost of renting or erecting a suitable building and equipping the same for occupancy as a parental school, and the cost to the city or city and county, other than for salaries of teachers and for school supplies, of conducting the school for the remainder of the current school year. When, pursuant to such consent by such governing body, such estimates shall have been so made and furnished by the board of education of any city, or city and county, it is hereby made the duty of the authorities whose duty it shall be to levy taxes in such city, or city and county, at the time of levying the taxes, to levy a special tax upon all tax- able property of said city, or city and county, sufficient in its judgment to provide the facilities requested by the board of education, and for which such estimates shall have been so fur- nished. It shall be the duty of the board of education, yearly, thereafter, to present to the authorities of the city, or city and county, whose duty it is to levy taxes, on or before the first Monday in July, an estimate of the moneys required for con- ducting the parental school for the school year, other than for the salaries of teachers and for school supplies. When such estimate shall have been so presented, it shall be the duty of the said authorities to levy a special tax upon the taxable property of said city, or city and county, sufficient to maintain such school for the year, exclusive of salaries of teachers and expense of school supplies. All taxes in this act provided for shall be computerd, entered upon the tax roll and collected, in the same manner as other taxes are computed, entered and collected, and when collected shall be placed in a separate fund, to be known as the "parental school fund," and shall be paid out on the order of the board of education for the purposes set forth in this act ; provided, that all moneys so collected for the purchase of sites or buildings, or the erection or equipment of buildings for parental school purposes, shall be placed in a separate fund, to be known as the "parental school building fund," and shall be used solely for the purpose or purposes for which collected, except that after such purpose or purposes shall have been fully accomplished, the residue of such fund, if any, may be trans- ferred to said parental school fund. Any District May Establish Parental Schools. Sec. 7 l /2 (a new section added, Stats. 1907, pp. 99). The board of trustees of any school district wherein a parental school may Report and Manual for Probation Officers 163 be established under the provisions of this act, and whenever such board deems it proper, may, for the purpose of raising money for the establishment and maintenance of a parental school for said district, proceed under the provisions of Article XIX, Chapter III, Title III, of Part III, of the Political Code of this state, to raise moneys for such purpose, and the moneys so raised shall be paid into the county treasury, and shall con- stitute a "parental school fund," for such district. The moneys of such fund shall be used for no other purpose than herein indicated. Money shall be drawn from said fund by the trus- tees of the district in the same manner as money is drawn from other school funds. Joint Parental Schools. Sec. 8. Two or more school districts or cities may unite in the following manner, to form a joint district for the mainte- nance of a joint parental school : When any board of education or board of school trustees has secured, in the manner as set forth in section seven of this act, the consent of the legislative body of the city or school district, in which said board of educa- tion or board of school trustees holds office, for the union of two or more districts to form a joint parental school district, said board of education or board of trustees shall transmit such information to the board of supervisors of the county of which said city or school district or districts forms a part, setting forth at the same time the cities or districts with which said city or districts seeks to unite for the maintenance of a joint parental school. When such information has been received by the board of supervisors from all the cities or school districts seeking to be united, it is hereby made the duty of the board of super- visors, by resolution, to declare such cities or school districts united for the maintenance of a joint parental school, to be known as the joint parental school district of (give the names of the school districts uniting). When the districts have been so united, the boards of education or boards of trustees of the cities or school districts so uniting shall appoint a board of trustees for the joint parental school district, to consist of five members (unless the number of cities or school districts uniting exceeds five), who shall be appointed from the membership of the boards of the several districts or cities uniting, by the respective boards in approximate proportion to the census chil- dren between five and seventeen years of age in the districts uniting; provided, however, that each district shall be repre- sented by at least one member on the board of trustees of the 164 Report and Manual for Probation Officers joint parental school district. The members so appointed, to serve for the remainder of the term of office for which they were elected on their respective boards of education or boards of trustees, and when vacancies occur on said board of trustees of joint parental school districts, they shall be filled by the board making the original appointment. The superintendent of schools of each of the cities or school districts uniting, shall be ex officio members of the board of trustees of the joint parental school district, without the right to vote. In the management of a parental school within a school district, city, or city and county, the right to transport pupils to and from school at public expense, when, in the judgment of the board of educa- tion, or board of school trustees, the interest of the pupil de- mands it, is hereby conferred upon such boards. All the pow- ers and duties by any section of this act conferred or imposed upon the boards of school trustees or boards of education of any city, or city and county, in the management of, and the securing of funds for, a parental school within a city or school district, arc hereby conferred upon and imposed upon the board of trustees of any joint parental school district in the management of and the securing of funds for the support of a joint parental school ; provided, however, that in estimating the expense of maintenance of a joint parental school the amount of money needed for the payment of teachers' salaries and for the furnishing of school supplies shall be included in the estimate of expenses ; and provided, further, that the esti- mates shall be transmitted to the board of supervisors of the county of which the joint parental school district forms a part. When such estimates shall have been so transmitted, it is hereby made the duty of the board of supervisors to levy a special tax upon the taxable property within the boundaries of the joint parental school district, sufficient to provide the facilities re- quested by the board of trustees of the joint parental school district, and for which such estimates shall have been furnished, and yearly thereafter when the estimates of the total expense of the maintenance of the joint parental school and increased facilities shall have been furnished the board of supervisors, it shall be the duty of said board to levy a special tax sufficient to maintain the school for the year. All taxes in this act provided shall be computed and entered upon the tax roll and collected in the manner prescribed for the collection of taxes in Section seven of this act ; provided, that all moneys so collected shall be collected by the count}' tax collector and apportioned to the credit of the joint parental school district, and placed in the Report and Manual for Probation Officers 165 fund for which they were specially collected. If for sites or buildings, to be placed in a fund known as the joint parental school building fund, to be used exclusively for the purposes for which they were collected, the same as set forth in Section seven of this act. The board of trustees of joint parental school dis- tricts shall organize, by the election of one of their number as chairman, and by the election of a secretary, who shall be the city superintendent of schools, or the secretary of a board of education or the clerk of one of the boards of education or boards of trustees of the cities, or school districts united, and such secretary shall serve without additional salary. All moneys in a joint parental school fund shall be paid out on the order of the board of trustees of the joint parental school district for the purposes herein set forth, and in the same manner that funds are paid from the ordinary school funds of a school district. Fines Paid to Parental School Fund. Sec. 9. All fines paid as penalties for the violation of any of the provisions of this act shall, when collected or received, be paid over by the justice or officer receiving the same to the treasurer of the city, or city and county, in which the offense was committed, to be placed to the credit of the parental school fund of such city, or city and county, if there be such a fund, otherwise to the credit of the general school fund of such city, or city and county, or to the county treasurer, to be placed to the credit of the school fund of the school district in which the offense was committed. Parents of Deaf or Blind Children Must Send Them to School. Sec. 10. Any parent or guardian of any deaf, dumb, or blind child, legally entitled to admission to said institution, shall send such child to said institution until such child shall have been therein for five years, or shall have reached the age of majority, unless such child shall be excused from such attendance by the board of education or board of trustees of the city, city and county, or school district in which such child resides, tor the reason that the child's bodily or mental condition is such as to prevent or render inadvisable attendance at said institution, or for the reason that such child is receiving proper instruction at home or in some public or private school. Any parent or guardian failing to comply with the requirements of this section shall be guilty of a misdemeanor, and be punishable as provided in Section two of this act. 166 Report and Manual for Probation Officers Officers Having Jurisdiction. Sec. 11. Any justice of the peace, or recorder of the city or city and county, or any justice of the peace of the township in which the school district is located, or in which the offense is committed, shall have jurisdiction of all offenses committed under the provisions of this act. Sec. 12. This act shall take effect and be in force from and after July first, nineteen hundred and three. Sec. 13. An act entitled an act to enforce the educational rights of children, approved March twenty-eighth, eighteen hun- dred and seventy-four, and all acts and parts of acts in con- flict with any of the provisions of this act, are hereby repealed. ENFORCEMENT OF LAWS. CHAPTER 128, STATS. 1909. Employment of Children Enforcement of Laws. Section 1. All minors coming within the provisions of an act entitled "An act regulating the employment and hours of labor of children, prohibiting the employment of minors under certain ages, prohibiting the employment of certain illiterate minors, providing for the enforcement hereof by the commis- sioner of the bureau of labor statistics and providing penalties for the violation hereof" (approved February 20, 1905), and found employed and at work without the necessary, legal authorization as provided for and required in said act, and whose ages are between the maximum and minimum age limits as described in an act entitled "An act to enforce the educa- tional rights of children and providing penalties for violation of the act," shall be placed or delivered into the custody of the school district authorities of the county, city, or city and county in which they are found illegally at work. Sec. 2. The commissioner of the bureau of labor statistics is hereby authorized, directed and empowered to enforce the pro- visions of this act. Sec. 3. This act shall take effect immediatelv. "If we work upon marble it crumbles to dust. If we write upon bronze, time will efface it, but if we impress immortal truth upon the soul of a child we have done a work which will never perish, which time will never efface but which will grow brighter and brighter through eternity." DANIEL WEBSTER. Hints to Parents and Probation Officers By Probation Officers Members of the Probation Committee and by the Judge of the Juvenile Court of Los Angeles Remember that it is the duty of the judge to try cases and render judgments; and of the probation officers to see that such judgments and orders are carried out. Remember that like surgeons we are not so much trying to keep from hurting patients as to see that every hurt is necessary and helps toward good citizenship. Remember that no one is indispensable. Remember that the officers of the juvenile court are groping their way in a maze, thickly strewn with broken hearts thou- sands of them that some hearts are sure to be hurt by blunder- ing missteps; but see that they are as few as possible. JUDGE WILBUR. Report and Manual for Probation Officers 169 APHORISMS BY THE PROBATION OFFICERS. Remember that a boy saved is a man gained. Remember that it is cheaper to win a boy than to support a criminal. Remember to have faith in a boy, and keep your eyes open. Remember that if one point of attack fails, there are ninety- nine, left. Remember that to make mistakes is human to profit by them is divine. Remember that without imagination one never understands a boy or girl. Remember that our superiors, as well as ourselves, have to bear the burden of our mistakes. Remember to keep unheralded the great grief, woe, and dis- grace of the unfortunate. Remember that the future of our nation depends upon the boys and girls of today. Remember that to save a boy may mean the rescue of other boys through his influence. Remember that to be a good probation officer one must never get out of patience. Remember that the spirit of the juvenile court work is cor- rective and constructive ; not punitive. Remember that a threat is a promise to pay : it might be in- convenient to make payment when the obligation becomes due. Remember that a boy's sense of justice is keen, and that each boy presents an entirely new and different problem from every other boy. Remember that it is the talking with, and not the talking to, which finally wins a boy or girl. Remember disappointments are not failures and sometimes give us new visions with which to solve problems. Remember that the child has his point of view and try to win his confidence by looking at things from his standpoint. 170 Report and Manual for Probation Officers Remember not to expect immediate, tangible results. Good seed rarely bears fruit in a minute, nor are wings grown over night. Remember to combine sympathy and firmness in right pro- portion. This is as essential for probation officer as for parent, and as difficult. Remember it is not so much ours to question how or why all these heartaches, all these broken lives; it is ours to gather up the wreckage and out of it construct noble and useful characters. Remember that it is the duty of a probation officer to work with the child and parent toward a higher standard of life; to strengthen home life, not to disintegrate it. Remember that he who plants a pure thought, an unselfish motive, or a noble purpose in the soul of another becomes a co- worker with the Divine in the regeneration of the world. Remember that the juvenile court is an indispensable factor in this community and that we are integral parts of this court. \Ve therefore owe it to the court and community to make our- selves the best representatives possible. Report and Manual for Probation Officers 171 Remember there is always a physical basis for irritability in a boy; it is the beginning of crime block it. Remember over-indulgence has spoiled many a boy ; so stim- ulate the faculty of effort. Remember smoking in boys is always associated with worse habits and lying is one; so you'll have difficulty in finding the others. Remember boys are creatures of habit. The first time they do a new thing it is difficult, but each time it becomes easier, until finally it becomes part of themselves, and the habit, good or bad, continues almost without consciousness as a rule through life. Remember boys who run away from home smoke or take their first smoke then. Remember to study the psychology of every boy before get- ting him a job. Remember you are contributing to the delinquency of a boy when you set him at something he is incapable of doing. Why? Remember never to pass a boy up as "hopeless" until he has been thoroughly examined as to his physical and mental condi- tion. Remember defective hearing and incorrigibility are some- times closely associated. Remember you will lose ground by trying to reform a bad boy by telling him certain things are wicked. Show him how he is to be benefited. Remember cigarette smokers are always liars; so use the greatest tact. Remember you can do practically nothing with a boy until you get his confidence, and you can't get it through fear. Remember the proper time to begin training a boy is before he can walk so give the next generation a lift. Remember you can get out of a boy only that which has been put in and, since 95 per cent, have had either bad parental training or the lack of proper training, it is up to you to put the good in. Remember the first evidence of a boy's reformation is the awaking of a legitimate interest and personal pride. Remember badness in boys is due more often to the parents than to the boy himself. Remember that "good" mothers and "bad" boys often go hand in hand. 172 Report and Manual for Probation Officers Remember that over-indulgence is one of the surest ways to ruin a boy. Remember that grown folks's entertainment is not for chil- dren. Remember boys are not naturally good any more than crops are good without cultivation. Remember boys are not born good they acquire it. Remember boys are not born with the spirit of God in them ; you must put it in them. Remember more progress can be made by working with one generation of boys than can be made by working with sev- eral generations of adults. Remember the boy who is irritable is not well. Remember a good disposition and bad digestion do not go together in boys any more than in adults. Remember boys vary with environment as plants and flowers vary with soil. Remember training a boy is like breaking a horse the longer you let it go, the harder job yon have. Remember a boy under-fed or poorly nourished is very liable to lose control of himself, any time. Remember a boy with a crippled will is worse off than with any physical deformity. Remember that ( )7 per cent, of our boys are from bad en- vironment and without training. What more could you expect? Remember an unclean, untidy, slovenly boy, no matter how good the report, is not doing well. Remember a boy who continues smoking cigarettes is doing other things, as bad, or worse. Remember never to condemn a bad boy, for 97 times out of a hundred his going wrong is the fault of his parents or en- vironment, over which he has no control. Remember bad boys have a strong sense of justice, but their point of view has been contorted, so set them right. Remember the desire for possession is a natural primitive instinct, so how can you blame boys without training for steal- ing. Report and Manual for Probation Officers 173 Remember good thought can not come from a brain receiving impressions from defective senses, nor can pure thoughts or actions come from a mind receiving impression from a bad en- vironment. Remember a stereotyped or lock-step system can never re- form boys. They are all different and a study. Remember smoking in boys means lack of discipline and weak wills. Remember talking back is the first indication of parental disrespect which precedes incorrigibility, and once incorrigible you are on the way to court. JOHN A. COLLIVER, M. D. Remember that the juvenile court is not a criminal court, and has no jurisdiction in criminal cases (excepting adult con- tributory cases). Remember that the juvenile court never sentences or pun- ishes any person under twenty-one years its orders are custodial only. Remember that the judge of the juvenile court must deter- mine in every case before him involving crime w r hether such case should go into the usual channels for prosecution of crime. Remember that the determination of the juvenile court that a person is a "delinquent person" merely fixes the status of such person as one whose custody is cognizable by the juvenile court. Remember that the juvenile court has no jurisdiction or power to inflict anything recognized by law as punishment. Remember that all custodial orders of the court for a definite time also provide that such custody shall continue "until the further order of court." Remember that a crank is necessary to start an automobile, but after it is started the crank does nothing, and is in the way. Remember that while probation officers are expected to keep out of politics, that does not mean that it is safe or sane to saw off a limb while you are sitting on it it might be fatal. Remember that there are no good people and no bad people in the world, but all are a strange mixture of both, and it is your business to multiply the good and suppress the bad tendencies. It is a hard job to see the good in people and not be blind to the bad, but a harder job to see the bad and not overlook the good. Some people need hanging, but when we think only of the good 174 Report and Manual for Probation Officers in them of the mothers, or wives' love for them, of the brothers and sisters who love them, and are loved by them it's hard to do it. Remember that there are some people good enough to get to heaven, but who will want to have the streets repaved within six months. Remember that "kickers" will kick, whether they are kick- ing because they want something, or because they have what they wanted and find they don't like it as much as they expected. Remember that it's easy to give good advice but hard to get it taken. Be an idealist with your head in the clouds, but keep your feet on the ground. Remember Lincoln's story. JUDGE WILBUR. 1906 Some Addresses Delivered Before The Fourth California State Conference of Charities and Corrections Held in Los Angeles Pertaining to the Juvenile Court Held in September 1906 Reprinted for the Information of Probation Officers Dependent Childhood in California By A. J. Pillsbury Secretary State Board of Examiners In the final analysis the State is the ultimate guardian of every child in the State. In fact, the State is the ultimate guar- dian of every person in the State, old or young. The State may take any of us and put us into its army to be shot at or wherever it has use for us. The individual exists for the whole as he does also for the existence of the species. As a matter of sound pol- icy, therefore, society permits parents to enjoy their own chil- dren and be responsible for them, as it also permits individuals to enjoy individual liberty of going and coming, planning and doing, but if an occasion arises where State authority must interfere in order to preserve its own welfare, the right to do so can not be questioned. Now, with this right of the State goes the duty on the part of the State to exercise that right when the com- mon welfare requires it. These conclusions are elemental and it would be a good thing if they were to so sink into the public con- sciousness as to be productive of many good things to children whose parents neglect or inadequately provide for and educate them. Many parents suppose that their children are their own to do with as they please, and that it is nobody's business but their own what they do with them. They are mistaken. It is everybody's business. A dependent child is one w r ho has no proper person to take proper care of it. California recognizes only three classes of these as being entitled to State protection, the whole orphan, the half orphan and the abandoned child. This leaves quite a num- ber to be looked out for as best they may be, without State interest being manifested. Most Eastern States make no such distinctions. They regard any child as a proper subject for State care if it be in fact dependent, no matter what the cause of de- pendency. There are children with both parents living who are just as dependent as other children who have no parents living. Parents who are of no account are no better than no parents. Dependency is not often complete and permanent. Even a whole orphan generally has relatives who will lay claim to it when it is old enough to have an earning capacity, but who do not want to be burdened with it so long as it is a burden. Some States compel grandparents, brothers and sisters to take care of Report and Manual for Probation Officers 177 dependent children by suits at law. This policy greatly lightens the public burden, but leaves the welfare of the child open to serious question. The unwelcome child is not likely to be a cod- dled child, and any policy that does not look first of all to the welfare of the child is not a true policy. Then there are many dependent children who require to be tided over a period of adversity until a surviving parent can develop an earning capacity sufficient to warrant the reassump- tion of parental obligation. This is the case with the larger part of the children whom the State of California is helping to sup- port. In no case should this support be extended after the sur- viving parent has become able to support such a child, but it is through the abuse of this right of the child that California is put to its heaviest expense. Indigency should be the basis of State aid in all cases where parents are morally fit to have cus- tody of their children. Where they are not their children should be taken from them utterly after exhaustion of a probationary interval. Many a delinquent parent has been redeemed to right living through a threatened deprivation of children. California suffers great imposition through a too liberal con- struction of the term "abandoned" child. It has probably sus- tained hundreds of them during past years who were in no proper sense abandoned, but only shirked. They were sent to orphanages to be cared for when little, but were reclaimed as soon as big enough to have an earning capacity. The word "abandoned" in its legal sense is precisely what its meaning is as given in the dictionary. It is a child whose unnatural parents have gone off and left it for a period of one year, without making provisions for its support. If they have done this they have lost all legal claim to and right over the child and should be permit- ted to have no more to do with it than with the child of a stran- ger, but lack of judicial determination of the fact of abandon- ment, and a systemless system of discharging the State's duty to the child, have permitted unnatural and irresponsible parents to reclaim children whose support, if nothing else, they had aban- doned. In fact, obliging orphanages have received visits and small contributions at intervals from parents of children whom they have steadily reported to the State as abandoned and for whose support they have unhesitatingly drawn $75.00 per year each from the State treasury. l>y this means, mendicancy has been promoted and the State mulcted to the extent of tens of thousands of dollars since the present method of extending State aid to dependent childhood was put into operation. The only complete remedy for this abuse, which has been the result of lax 178 Report and Manual for Probation Officers methods and not of deliberate intent to defraud, lies in having the fact of dependency judicially established. In most eastern States the fact of dependency is judicially established if the State is to bear any part of the cost of main- taining a dependent child. If the local town or township, as we would call it, is to bear the -cost the selectmen may determine the fact of dependency, or if the county is to do it, then the super- visors of such county, or else the superintendent of the poor, may make the investigation and determine the fact. In all cases, I think, the body politic and corporate that is to bear the expense determines the fact of dependency, the court representing the interests of the commonwealth. In California it is different. The forty-four orphanages practically determine the fact of dependency for those for whom they care, and the boards of supervisors of the several counties determine the fact for those to whom they grant outside relief, passing the bill up to the State to be repaid. This system does not conduce to economy or equality in the disposition of the State dependent children's fund and there is a crying need for a judicial determination of all depend- ency for whose relief the State treasury is to be drawn upon. The present system tends to create more mendicancy than can be remedied by State bounty. The State Board of Examiners, which audits the claims made against the State Dependent Child Fund, has been humanely liberal in its interpretation of the law. For instance, it has classed as half orphans children in indigent circumstances, one of whose parents is confined in one of the State's prisons or asylums for the insane during such confinement. There may not be any specific law for this but the necessities of children have seemed to require it and in allowing it the quality of mercy has not been strained. There is a prevailing impression that dependent childhood costs California a great deal more in proportion to population than it costs other States. It does cost the State more but it probably costs the taxpayers less. In California dependent childhood is mainly a State problem, as it should be. In most eastern States it is a problem that confronts the taxpayer at every turn through township, county, city and State. I found no east- ern State that cares for what children are cared for by the State as cheaply per child as California cares for her dependent children. And State care is preferable to township or county care because the interests of the child arc better protected. The dollar held up immediately before the eye of the local taxpayer prevents his looking adown the vista of time and seeing the future of the Report and Manual for Probation Officers child as a public problem. Per contra, a State Board of Chari- ties and Corrections, to whose charge this problem is, in the East, mainly entrusted, remembers that the criminal of the future is the child of today and so concerns itself with the ultimate conse- quences of a care-taking policy more than with the dollar of im- mediate cost. For the fiscal year ending June 30, 1905, there were 7,292 children who received State aid at some time during the year. Of these 5,283 were being maintained in the forty-four existing orphanages and 2,018 were aided through the Boards of Super- visors of the several counties. It is worth while to note that the forty-four orphanages together maintained 1230 children for whose care they received no State aid whatever. From the best figures that the State Board of Examiners could obtain from reports made to them the average cost to the institutions maintaining these children for the half year ending June 30, 1905, was $53.05 per child. The State's average share of this burden was $32.57 per child. Of course, some orphanages maintain a higher standard of living than others, but it may be doubted if any orphanage in California receives more from the State than is needed for the immediate care and feeding of the children in its charge. The conducting of an orphanage can not, so far as State aid is concerned, be regarded as a gainful pursuit. If there be profit in it, it must be because of the opportunity offered for soliciting funds outside. A. better degree of State supervision would prevent this abuse, as the exactions of a chari- ties endorsement committee in San Francisco have already shut out some such candidates for charities. The benevolent public needs protection from imposition, but I do not know any one of the forty-four existing orphanages that has not a bona fida need for aid far beyond that extended by the State. There \vere 519 persons employed at some time during the year in the care of the children mentioned above, besides 198 other persons who gave their time and labor without recompense. The total salaries paid during the half year amounted to $87,- 119.66, or about $28 per month each. The ratio on paper is one caretaker to each nine children, but this includes all manner of workers, including care of land and garden, many of whom were on the pay roll for a short time only. The real ratio ot care- takers to children would conic nearer being one to fifteen. For the fiscal year ending June 30. 1905. the State Treasurer cashed warrants issued to the forty-four orphanages in the aggre- gate sum of $337,459.07. The further sum of $ n o._?42.34 was paid to the several counties of the State lor the support of chil- 180 Report and Manual for Probation Officers dren aided in the homes of their surviving 1 parents. This makes a grand total of $433,701.41 as the annual expense of dependent childhood to the taxpayers of California. It is worthy of note that the sum above mentioned as having been paid to the forty- four orphanages ($337,450.07) is. on an average, about $30,000.00 less than has been annually paid to them during a number of years previous to the incoming of the present State administra- tion. A closer surveillance, and a somewhat more strict inter- pretation of the law, has resulted in important economies without inflicting hardship upon any child entitled by law to State aid. There is, however, a tendency for the outside aid extended through boards of supervisors to increase in numbers of children aided and expense passed up to the State for reimbursement. This aid in the home of the surviving and worthy parent is the best form of aid that can be extended, but whatever aid is ex- tended in such cases should be basd on the principle of "as much as is needed and no more, as long as needed and no longer," for the prevention of hardship to the child. Again, a judicial deter- mination of the fact of dependency and a judicial fixing of the degree of dependency also would work hardship to no one and prove a just economy to the State. It is not the State policy re- garding dependent childhood that needs to be reformed so much as the method of executing that policy. Whatever else may be said in criticism of the California policy of caring for dependent children it can not be charged with the inhumanity of breaking up and scattering to the four winds of heaven the children of dependent parents who have committed no offense other than that of poverty. In most of the State sof the east that I visited, this is done in the interests of economy, but not in the interests of humanity. Eastern States, in general, say to the widowed mother, in effect, "Very well, madam, if you can not support your children we will take them from you and parcel them out to persons who can support them, but they will be no longer your children. They will be adopted by others and will become their children as much as though they had been born to them." California says to such an unfortunate woman, "Madam, the State sympathizes with you in your distress and is ready and will- ing to help you reasonably. You may place your children in the orphanage of your choice, and leave them there, visiting them meantime on proper occasions, until you can develop an earning capacity which will enable you to get them under a roof of your providing. Or they may remain under your own roof, if you have one, and through your local board of supervisors, receive as Report and Manual for Probation Officers 181 much State aid for the support of your half-orphan children as you need, and no more, provided that it does not exceed $75.00 for each child per year, and you may receive that aid as long as you need it, but no longer. You may thus keep your family to- gether without grave hardship and your children shall belong to you and not be given to a stranger." The heart of California is right, and it is better that it sub- mit to some imposition than that, in the name of fiscal economy, it steel its heart against the promptings of parental affection. It makes a world of difference whether or not one's point of view of a social problem be at its vortex or out on the outer cir- cumference. To the matron in charge of a lying-in hospital in a great city it looks as though chastity were unknown and fidelity to the marriage relation an iridescent dream. Such a one for- gets that of every hundred persons who enter the holy bonds of matrimony, for better or worse, a vast majority hold themselves sacred to their marriage vows until separated by death. So also, it is about as hard for those upon the outer edge of the problem of social purity to comprehend the stupendous problem of illegiti- macy, in America, may not assume startling proportions when and one whose consideration society should not shun. Illegiti- macy as when it is seen at the vortex. It is a very real problem expressed in comparative percentages, but when compared with the intelligent provision made for it, it becomes a very serious problem and seems likely to continue to be so. The elemental promptings of sex emotion are likely to go on producing their illegitimate results to the end of time. It is commonly supposed that illegitimate children, mainly classed as "foundlings" when they come into public custody, are badly born, likely to be diseased, and better off dead than alive. This is exceptionally, but not at all generally true. Some there are who come into the world diseased beyond redemption and most of these do die, in spite of all that can be done for them, within the first six months of their lives, but by far the greater number of foundlings are as healthy as other children. The women of the redlight district are mainly sterile and add tew to the ranks of illegitimacy. Nor are these babes the product of the baser forms of criminality, which are not so much given to seduction as to patronage of brothels. The stream of foundlings pours out of the homes of the people, their mothers being, for the most part, giddy, untrained girls still in their "teens," and their fathers either youth of their own age or, more olten em- ployers, men with families, men of mature physique, but with crippled consciences. Not a few are really love children, born 182 Report and Manual for Probation Officers outside of wedlock, but inside of a real and true affection which some barrier prevents culminating in marriage. If given a good start these little people, who are not at all to blame for their unconventional advent, develop into surprisingly beautiful and intelligent children. Is it necessary to social preservation that they must ever walk in the shadow of the sin of parents to them unknown? The social problem of the disposition of foundlings has, so far as it became related to institutional life, been well nigh elimi- nated by the atrocious percentages of mortality. Tewksbury alms- house in Massachusetts lost 98 per cent, of these little people year after year, and yet science and nursing did about as well as it knew how to preserve them alive. The best foundling hospitals in the east have until recent years lost 85 to 90 per cent, of their charges. The asylums in San Francisco have lost somewhere between 50 and 75 per cent, and a-e still losing nearly as many. Those in charge do the best they can under the circumstances, but the circumstances have no business to be what they are and have been. Circumstances have been guilty of nothing less than manslaughter and they have been clearly remediable. Babies simply can not be brought up on bottles, herded together in groups of ten or a dozen, and with no more individual attention than consists in being given the bottle at stated intervals- and hav- ing their diapers changed. A baby suffered to lie on its back, hour after hour and day after day without being taken in arms, talked to and moved about, will die or, if it survive, will be as stupid as a knot on a log. The intelligence of the human race is dependent upon the start which a mother's tireless baby talk has afforded. The California statute in such cases made and provided graciously allows $12.50 per month for the maintenance of every foundling maintained "in" an institution during the first eight- een months of its life. But if it be maintained in an institution it is likely to die. The present State Board of Examiners has gra- ciously construed that word "in" to mean "by" until such time as the Legislature can change it so as to permit of these little people being boarded out, not more than two in a place, with motherly women who have had experience in bringing up babies, to be watched and cared for by the physician attending upon the institution. This is a good way of taking care of foundlings until they have reached the age when they can eat soft foods and are no longer dependent upon bottles that, very likely, are sup- plied with drugged milk that some assassin of a milk dealer has provided. Massachusetts now boards out all of its foundlings, Report and Manual for Probation Officers 183 but the mortality is still great where the bottle must be depended upon. It has been found, however, that the only sure way to get the foundling over the first six months of its life, the crucial period, is to give it the breast. In the lying-in hospitals this is attained partly by requiring mothers about to be confined to agree to remain a year, if possible, and those who are strong enough, are required to nurse another baby besides their own, giving each one side of the breast and supplementing with one or more milk feeds for both babies each day. This works ad- mirably, so far as that source of supply can be made to go, but it does not go far enough to cover all of the basket babies left at the doors of these institutions. The heavy work that used to be done by Irishmen in this country, such as sewer construction, railroad building and street work, is now being done mainly by Italians. These Italian workmen are frequently if not always accompanied to this coun- try by their wives. Through a most unfortunate superstition these Italian women will not employ physicians during confine- ment, but trust to the unskilled offices of ignorant old midwives who deliver something like two-fifths of the infants of these women, still-born. The discovery of this fact has, in Xcw York City, resulted in the developing of a remunerative and thor- oughly humane system of putting foundlings out to be nursed by these unfortunate mothers. They receive $8.00 to $10.00 per month and, no matter how lowly may be their own standard of living, their babies thrive. They live on a vegetable diet, their milk is rich and, even in a squalid home, the baby is all right. Inasmuch as these workers are scattered all over the country it will be worth while for those having foundlings in their charge to exhaust this source of life preservation before folding their hands in the comforting assurance that, "The Lord giveth and the Lord taketh away." The New York Foundling Hospital (Catholic) is doing a work in rectifying the remediable defects of childhood that all the world should copy. It has the handling of perhaps 1500 illegit- imate and foundling children each year, and instead of placing them out as soon as possible, in whatever condition they may be, all the remediable defects of childhood are remedied before the little people pass from under their custody. It is beautiful work, beautifully done, with the result that the}' have many hundreds of beautiful children to be placed in approved homes. To do this a hospital is maintained which has, at its disposal, some of the best surgical skill the great city can supply. How legs and 184 Report and Manual for Probation Officers knock-knees are made straight by breaking and resetting. Crossed eyes are coaxed back into line with spectacles or, if too crooked, are straightened by an operation. Irregular teeth are put in order, adenoid growths are removed from the air passages and all things possible are done to give their little charges a fair chance in life's race for the best places. I want everybody's chil- dren as well looked out for as nobody's children. The thing is possible and practical. There is no handicap to carry through life like unto the con- sciousness of inferiority. It discounts all the opportunities of life from the start. More than this, it lays the foundation for a life of criminality. Professor Frank Lydston in his "Diseases of Society," declares : "The nearer we get to the marrow of crimi- nality the more closely it approximates pathology. The question of physique, education and surroundings of children are the warp and woof of the fabric of the prevention of crime. The child criminal is something of which civilization should be ashamed." Of 100 children received at the New York Juvenile Asylum 94 had defective teeth, 15 of these had teeth that were in process of advanced decay and one boy had already lost 4 teeth. Now the condition of the teeth has an influence upon the behavior, if not upon the actual criminality of the child. Defective teeth cause fermentation, inability to grind the food properly causes indiges- tion, indigestion causes malnutrition and malnutrition is the greatest known cause of criminality among children because it leaves their brains as defective as their bodies. Of 1000 delin- quent children examined by this institution 65 per cent, were found to be suffering from malnutrition. A weakened brain is attended with a weakened conscience and a weakened under- standing of the consequences of conduct. The children in the institutions of California are inade- quately safeguarded against those remediable deficiencies which are so likely to fasten upon childhood, but so are the children outside of institutional life. Their welfare is of concern to the State for the reason that the defective child of today is not un- likely to become the criminal of a few years hence. It would be profitable for some department of State government, perhaps the State Board of Health, to put into the field a number of skilled diagnosticians of diseases common to childhood, to visit all of the institutions of the State where there are children, in- cluding the public schools, for the purpose of making such ex- aminations as may be required and informing parents and teach- ers of such defects as may exist with directions as to how they may be remedied. The ordinary practitioner does not always Report and Manual for Probation Officers 185 detect defects that an expert will perceive at a glance, but how- ever that may be parents are wonderfully blind to the existence of such deficiencies. So much of this work as is educational the State can well afford to do, that it may decrease crime and pau- perism likely otherwise to result later in life from disorders which will have to come to be irremediable handicaps to a proper physical and mental development. Iowa, Michigan and Massachusetts maintain State hospitals for remedying the deficiencies of such children as have become wards of the State, and every child whose parents are pecuniarily unable to send a defective child to a hospital should become a ward of the State to that extent. It would not be very costly or at all out of place to have such a hospital connected with the medical department of the State University. It would not need to be a large one or expensive to maintain, and it might easily be able to pay for itself over and over again every year by giving the defective childhood of the State a chance to develop into a well nourished and symmetrically formed manhood and womanhood. I am quite sure that I have seen more mouth-breathers and more cross-eyed children in some single orphanages in California than I have seen in all the orphanages visited throughout the east, put them all together. The State will do well to look more closely to its own. Crime and pauperism are heavy burdens and are more easily made right at the start than at the finish. California has no State orphanage and there is only one county orphanage in the State, and that is at Fresno. The other forty-three orphanages are benevolent institutions created and controlled either by some church or some charitable organization. Fifteen of the orphanages, and quite the largest ones, are owned and controlled by the Catholic church. The remainder of the forty-three are either Protestant or belong to benevolent orders, such as the Odd Fellows or the Good Templars. The State has not found it necessary to construct and maintain any orphanages on public account, and certain it is that it could not undertake the w6rk nearly so cheaply as it is done now and it is open to doubt if it could be as well done as under existing conditions. There are those who decry orphanages as if they were a superfluity for which society has, or should have, no use. Such is not the fact. No matter how far the systems of placing out and boarding out may be carried, as in Massachusetts and Penn- sylvania, there will still be a large percentage of dependent chil- dren who must be cared for in an orphanage or go uncared for altogether. There are scores of such institutions in Massachu- setts and Pennsvlvania, although not under State control or re- Report and Manual for Probation Officers 186 .ceiving State aid. They perform their useful service none the less. The highest use an orphanage can perform is to take care of the children of the worthy poor until they can tide over a period of adversity and get once more upon a self-sustaining basis. This is the principal service that the orphanages of California are performing. I have not reliable statistics from California orphanages covering this feature of their work, but of the 40,000 children which the Juvenile Asylum of New York has cared for during the last fifty years 33,000 went back to their own families. I think that this percentage will hold good in nearly if not quite all cases. The average stay of a half-orphan in a California orphanage, as nearly as I can approximate it, is between two and three years, when the widowed mother or the surviving father marries again, and the child is again taken under a parental roof. This is a work of the highest benevolence and, for the most part, is performed in good faith and with credit to the institutions ren- dering that service. The second highest function performed by orphanages is the taking care of unattractive children who have no one to take care of them until they can be made capable of taking care of them- selves. State aid ceases at 14, the most vulnerable age of a child's life, but many of the orphanages hold onto their charges long after that and until they can be placed in good homes at wages. It is not improbable that there may be 1,000 unattract- ive and therefore unplaceable children being cared for in Califor- nia orphanages at the present time. A third valuable use an orphanage can perform for the pub- lic is to receive children from the streets, untrained and in poor physical condition, and rough-break them, as they say of young colts, remedy their physical defects and so make them fit to be placed in homes to be reared as own children. This service is being performed to some advantage already, but might be to much greater if some of the suggestions heretofore made, where- by the state might aid in the work were put into effective oper- ation. They need help on the medical and surgical side of the question. But the best orphanage that ever was is not as good a place for the rearing of a child as an ordinarily good, American home. Best the orphanage people can do, whether the institution be conducted under the congregate or the cottage plan, the child brought up in an institution will inevitably lose much that goes toward the making of an independent and sell-reliant personal- ity. The child will be an incubator chicken instead of a chicken Report and Manual for Probation Officers 187 that the old hen has raised. Any one who has run an incubator will know what this illustration signifies. An incubator chicken hasn't a "lick" of worldly wisdom, and neither has the institu- tional child. A little of institutionalism is not a bad thing, especially for a child that has been a bit of a delinquent, as most dependent chil- dren have been. Having, up to that time, been excessively individualistic, a few months, or a year or so, of the communistic life is not at all bad for them. Besides, if the marching and the uniform were subtracted from the institutionalism those who find institutionalism such a bug-a'-boo would be much at ease. The marching is the most orderly, and quite the best, method of going and coming, and the uniform is the cheapest way of dress- ing, and has the further merit of being the most equal and there- fore affording the least ground for suspected discriminations and consequent heart burnings. The real objections to institutional- ism lie deeper than marchings and uniforms. They lie in the assimilation of the individual to the mass. There are two kinds of assimilation benevolent and malevo- lent. The bad urchin brought into a well regulated institution of reasonably good children does not, as popularly supposed, imme- diately proceed to corrupt the mass. He is assimilated to it and not it to him, and is benefitted, but the child that has something better in him than the common herd can boast, is also assimilated, and malevolently. He loses the greater part of his identity and power of independent self-direction and it is not likely ever to regain it if brought to maturity in such an institution. The cottage system of maintaining orphanages lessens the evils of institutionalism, but cannot wholly overcome them. The masses are smaller and the assimilations less complete. The masses are also graded into classes and the assimilations are accordingly to the class rather than to the mass, but the best that can be done does not more than approximate, tinder the cot- tage system, the condition of the home where children see more of adult life, and are influenced powerfully by it. and where they are inevitably thrown more upon their own resources. The cottage plan of maintaining an orphanage is more costly than the congregate system because of the increased cost ol superintendence. The New York Juvenile Asylum may be taken as the best model of a cottage system this country has to otter. There the per capita cost per year is $220. (X). The congregate orphanages of California, with few exceptions, get on tor half that money. It is a question of what can be afforded. The cot- tage system is best, but it costs most, and vet the more costly 388 Report and Manual for Probation Officers system is the cheaper in the end if the money can be provided. California is maintaining as dependent, by and with the help of public charity, a large number of children who should not be dependent and who need not be if those who are responsible for them were made to do their duty. It must be somebody's busi- ness to do this or it will not be done. It blights the life of the child and encourages a hereditary pauperism. The office of the State Board of Examiners maintains a restraining influence over dependency, but it has not now and never has had a force adequate for searching out the ultimate facts concerning each case certified up to it by the forty-four orphanages and the fifty-seven boards of supervisors of the re- spective counties. Nor are the managers of the orphanages any better equipped for this service. They are charity workers, their means is limited and the time they can give to the work more so, and, besides, a hard luck story is likely to "go" with persons charged with the conduct of benevolent institutions. If they had not been benevolently inclined they would not have been associated with a benevolent institution. A proper tribunal for the determination of an issue of fact in which the public or the state is interested, is a court. I think that the law should be so amended that no child should become a charge upon the bounty of the state until its dependency had been judicially determined. This will save the state tens of thou- sands of dollars annually and will work childhood no wrong. It will also have a tendency to enforce parental responsibility. My next most important recommendation is for the estab- lishment of a system of authorized home-finding for children who are both free and fit to go into homes to be reared as own children or by indenture until they are old enough to take care of themselves. There is a species of child brokerage going on that should be stopped, but all proper persons should be licensed to engage in home finding who desire to devote themselves to that benevolence. It is my judgment that this much needed work can best be performed under the supervision and control of the State Board of Charities and Corrections. It should have power to scrutinize all agencies for child-placing and to authorize or prohibit their activities according as their work meets with approval or merits disapprobation. Coupled with this should go a visitorial power with force enough to make that power effective, which should result in an agent visiting every child placed out by any person in the State as often as twice a year until legally adopted or until such children have attained their majority. Report and Manual for Probation Officers 189 One reason why this function should be turned over to the State Board of Charities and Corrections is that such is the cus- tom of some of the older States of the Union that have been brought into closest contact with the dependent child problem, and the system works well there. A second reason is that a system, once established, can be given a continuity of operation under such a board that it could not have under any state office likely to suffer a change of per- sonnel at every change of administration. A continuing policy is indispensible to success. Furthermore, the supervision of the placing of children in homes is itself a charity and appertains naturally to a State Board of Charities. Finally, under no circumstances should the welfare of a dependent child become the victim of partisan politics. In all of the States of the east, so far as I have been able to inform my- self, their several State Boards of Charities have maintained themselves entirely outside of the current of political influence, and the constitution of the California State Board is well calcu- lated to attain the desired end. In no other board or commis- sion is the welfare of the child likely to be so well and so impar- tially looked out for as under the State Board of Charities and Corrections. The auditing of expense accounts should continue to be, as at present, a function of the State Board of Examiners. These two reformatory measures will, I feel sure, if put into effective operation cut the State's financial burden occasioned by dependent childhood in twain, and yet make the dependent child much better cared for than at present. The dependent child is the ward of the state and the state should better and more intelligently discharge its duties as ulti- mate guardian. There has been dereliction of duty in this par- ticular and the consequences of that dereliction have been serious to the child and burdensome to the state treasury. Child Labor Laws and Their Enforcement By W. V. Stafford State Commissioner of Labor Statistics Read before California Conference oj Charities and Corrections, 1908 In order that a proper conception may be had of child labor in California, it will be necessary to review briefly the history of this interesting subject. In the year 1802, the first factory act known to our civilization was passed by the British Parlia- ment for the purpose of abating the evils of child labor. This law was inspired by the terrible condition of the pauper children of the City of London. The poor houses of that city not only supplied the orphans and deserted children from 7 years of age upward to the factories then springing into existence through the development of machinery, but actually paid a small prem- ium to the employers to take the children off their hands. These neglected young paupers were poorly fed and terribly abused, worked an excessive number of hours, often 14 in one day, lodged in barracks and consequently decimated by disease. The law of 1802 applied to certain industries and to pauper chil- dren only, but it w^as soon found necessary to protect the young from the selfishness of their parents. In 1833 the principle of an age limit under which children might not be employed came to be recognized, and it was estimated that 56,000 children between the ages of 9 and 13 were then employed in factories in Great Britain. In 1842, it was found necessary to regulate the terms under which children might be employed in coal mines as well as in factories. Prior to this children had begun work in the mines as early as 5 years of age. Dr. Felix Adler cites an instance of a man named Apsden testifying before the Childrens' Employ- ment Committee in 1833 that his boy, then present, had been car- ried on the father's shoulders across the snow to his place of employment, where he would work for 16 hours, and the boy was only 7 years of age. Notwithstanding the supposed advance in civilization, and the more humane sentiment toward child labor that has been fostered by the philanthropic and humanitarian societies, I am doubtful whether or not this advance has greatly outstripped the desire on the part of the employer for cheap Report and Manual for Probation Officers 191 help that goes hand in hand with improved machinery. Even to- day it is estimated that in the factories of the southern states about 20,000 children are employed, all of whom are under 12 years of age. And these are employed under conditions just as distressing as those prevailing in England before the passage of the first factory act. Recent investigations have plainly shown that Ohio, Pennsylvania, New Jersey and New York have no cause to vaunt themselves over their southern neighbors. In fact in many respects they are even worse, in that they have excellent laws which are not enforced. Wherever the congested condi- tions exist; wherever manufacture is the ruling industry there eternal vigilance is necessary to prevent the exploitation of the young. No one section of our country is better than any other section. It is the demand that begets the condition. The indus- try that can thrive on juvenile labor will use juvenile labor if it is not prevented, be it in South Carolina, New York or California. Until the present year in the City of San Francisco the schools in certain quarters contiguous to the canneries were always crowded during the first two or three weeks o'f the fall term with children from 6 to 14 years of age, whose little hands were drawn and crippled by cuts and fruit acids, rendering them utterly unable to do any school work requiring the use of their hands. During the first years of California's history as a state, gold and silver mining was its chief industry. Gradually agriculture and horticulture came to be of importance, and now with our rapidly increasing population, improved methods of communica- tion and cheap fuel, manufacture is assuming a prominent place. And with this increase in importance goes a corresponding increase in the keenness of the competition, and the inevitable search on the part of the employer for means whereby his operat- ing expenses may be reduced. Under such conditions always have there been the same results ; wages suffer first and the attempt always comes to substitute cheaper and cheaper labor, and the evil day soon approaches when the half grown child comes to be the competitor of his own father. This hap- pened in England over a century ago; in New York and Massa- chusetts for decades this evil has been one of the problems of greatest concern; the southern cotton factories and the Illinois coal mines contributed their share of the sins against the young, and it was seen to be but a matter of time until our own state should join the procession. With this in view and believing that "an ounce of prevention is worth a pound of cure," cer- tain public spirited citizens presented a measure regulating the employment of children to the Legislature in l c >01, which passed 192 Report and Manual for Probation Officers that body and became a law March 23rd of that year. This first enactment was very limited in its scope, and only affected chil- dren under 12 years of age except as to hours, which later restric- tion went to 18. On account of it being necessary, under this enactment, to prove guilty intent on the part of the employer, convictions were very difficult and small attempt was made in the way of enforcement. At the session of 1905 the present law was passed, making a great improvement over the previous legis- lation in the safeguards thrown around the children and the methods of enforcement. Under this law no child under 18 years of age is allowed to work more than 9 hours per day in cer- tain industries; no child under 16 years of age is allowed to work between 10 o'clock in the evening and 6 o'clock in the morning; no minor under 16 years of age may be employed unless he or she can read or write English, or is in attendance upon a regu- larly conducted night school. All minors under 14 years of age are forbidden employment, except during the regular vaca- tion of the Public Schools, when they are eligible only upon the production of a permit signed by the teacher of the school last attended by such child, showing his regular attendance during the term preceding such vacation ; and on the permission of the judge of the juvenile court, which permission is granted only on the submission of evidence that the parent of such child is ill and in need of the assistance of the child. Under these condi- tions, the child is allowed to work temporarily. All children between 14 and 16 years of age must be provided with an age and schooling certificate; this certificate must contain the age and description of the child, the oath of the parent respecting such age, which must be verified by other evidence; the signa- ture of the principal of the school last attended by such child, as to age and attendance. All the blanks provided must be kept on file by the employer, and constantly open to the inspection of the agents of the Bureau of Labor Statistics. Failure to produce such certificate is grounds for dismissal of the child and prosecu- tion of the employer. It will be readily seen that with this ma- chinery for enforcement, a large number of people must co- operate with the Commissioner of Labor to make the law effective. Immediately on the passage of this enactment our office communicated with every county and city superintendent of schools in the state, apprising them of the requirements of the law, and soliciting their aid to bring the matter to the attention of the different school principals in their several jurisdictions. With one or two exceptions this aid was cheerfully given. A like cordial co-operation was had from the Parochial Schools. Report and Manual for Probation Officers 193 The newspapers throughout the state were likewise ready to assist, in the neighborhood of fifty of them publishing the law, and many commenting favorably upon it. Only one paper had any criticism to offer. At the expiration of sixty days, the time between the pas- sage of the law and its going into effect, its provisions were well known from one end of the state to the other, and the necessary blanks in the hands of the proper officers for its enforcement. The different school principals, recognizing the salutary effect that must come from a strict adherence to the term of the law, have been careful, in the main, that no certificates were issued except to children rightfully entitled to them, and the juvenile courts have used extreme care in issuing the permits for children between 12 and 14 years of age to work during the illness of their parents. As the vacation approached blank forms for the vacation permit were prepared and sent throughout the state, and as far as possible employers notified of the vacation exemption so that they might avail themselves of the numerous school children between the ages of 12 and 14, who were now eligible under the law for employment. From the very first the law has worked smoothly and in its first year has seen no hitch in its enforcement. Employers recog- nizing that an earnest attempt was being made to carry on its provisions, have ordinarily observed its requirements. The re- striction of the number of hours minors under 18 may work, to 9 hours per day, has met with the most opposition, and this pro- vision has been hardest to enforce. But a condition has now been reached where during the last Christmas vacation the large stores provided two complete sets of minor help per day, and no child worked in this busy season more than 9 hours. Some odd attempts have been made by certain employers to evade this 9 hour limit. In San Francisco many establishments wished to work five short clays and one very long one, in an endeavor to adjust the law to their business instead of their busi- ness to the law, and one large manufacturing concern with offices in the east, gave orders to work its boys a little over 10 hours per day for five days of the week, and then lay them off the sixth, thus keeping within the 54 hour per week limit at the expense of their minor help. The local management of this firm was made to see that, eastern orders to the contrary notwithstanding, this law was passed in the interest of the child and not the employer, and no such patent evasion would be tolerated in this state. From Los Angeles there comes a report of one of the cleverest attempts 194 Report and Manual for Probation Officer's to get around this provision that has yet come to my notice. It is reported that some of the large establishments were in the habit of trading help on Saturday afternoon, and so, on the sur- face, keeping within the law. I think probably as much objection to the Child Labor Law has come from parents as from any other source. No longer is the mere unsupported word of the father or mother taken as to the age of the child, but an oath is required, and this oath must be verified by church, school or government records. Often have parents been found ready to swear a child 14 when the school records show him to be but 11 or 12 years. The attempts to explain these discrepancies are often amusing. Several instances have been brought out where the parents ad- mitted that the child had been coached to give a wrong age to the railroad conductor, in order to escape paying fare, which age from force of habit was given to the teacher when the child went to school ; in other cases a child more backward than chil- dren of his own age, has given in an age too young to the school authorities. In all such cases, the parent to secure a certificate is put in the embarrassing position of having to prove that either he or the child, or more likely both, have lied on some previous occasion. It is hard to persuade a certain element in our popu- lation that they have not the divine right to put out to service their young children. Great is the indignation on the part of these abused parents, when they find they can no longer keep their offspring from school to work in the canneries or store or drive a wagon, but must now give him the same advantages af- forded to other children of like age. Another source of trouble in the enforcement of the law comes from certain well disposed and charitable people who, un- der mistaken charity, attempt to get the child a job without con- sidering for a moment whether such a proceeding will be legal or beneficial to the child. Some poor family in the neighborhood is in need of assist- ance ; Johnny, aged 12, should be able to help ; Mrs. Smith, a wealthy neighbor, buys several hundred dollars' worth of goods from Jones, the merchant; now, Mrs. Smith requests Mr. Jones to give Johnny a job. Jones, to use a common expression, is "up against it," and if there is not such a rigid enforcement of the law that leaves the merchant no doubt of detection, if he breaks it, he will take a chance rather than offend his good customer. Several cries for help have come from merchants in this connec- tion, with the request that our office write direct to the "good customer," explaining why Johnny can not be employed. Two Report and Manual for Probation Officers 195 gentlemen called at the office in behalf of a boy under 12; he had a mother and stepfather living; his mother was quite willing to support him, but would not ask her husband to pay medical bills ; the boy had an aggravated attack of trachoma to such an extent that the granulations of his eyelids was endangering his sight ; a medical specialist had expressed a willingness to treat the boy's eyes for such wages as he might be able to obtain ; a retail butcher had been found who was willing to hire him at two dol- lars per week, and all that was needed was a permit to meet the requirements of the law. The suggestion that a virulently con- tagious disease was scarcely in harmony with the handling of food articles, was met with the statement that the boy was practically passed the contagious stage, but it was admitted that he was expelled from the public schools on account of the contagious nature of his ailment. The two gentlemen pleading for the boy's permit were the physician above alluded to, and an officer of one of our prominent humane societies for the prevention of cruelty to children. Recently, a lady wrote the Labor Commissioner to the effect that a German corner groceryman in the heart of San Fran- cisco had in his employ a boy of 15 who had reached here from Germany three months previously, and was worked frequently as long as 19 hours in one day, as clerk and barkeeper. Per- sonal investigation showed that the statements made in the letter were correct. At the time of the commissioner's visit the boy was acting as bartender, relieving the regular bartender at meal times. The grocery-saloonkeeper expressed surprise at our criticism, but admitted working the boy 11 hours per day regu- larly, with an occasional day longer ; that is when the regular bartender had an evening off duty, this boy relieved him after 11 hours in the grocery store, until closing time, which on Sat- urdays reached 1 a.m. Sunday morning. His employer posed as a benefactor, in that he had brought the boy from Germany, and offered to teach him the American grocery business. Tn Sep- tember last the proprietor of a pickle factory was arrested for the illegal employment of children. Evidence proved to the sat- isfaction of the court that a little Italian girl aged 10 years was on the pay roll, and an Italian boy aged 14 was put on the stand, and testified that he had been employed at the same establishment for the past four years. This boy could not read or write the English language. For the first five months after the law went into effect, no arrests were made for its violation. Constant inspections were made with a view of educating the people to the requirements 396 Report and Manual for Probation Officers before subjecting them to the penalty for the violation of a pro- vision which perhaps they did not understand. It was soon seen, however, that there would come a time that this method would have to be abandoned. Certain un- scrupulous employers can not be reached by persuasion, and only keep the law from fear of its penalty. Early in last September we made our first arrest and then the real trouble began. Police courts did not seem to realize that summary action was necessary in order to make a law effect- ive. After some aggravating delays we were able to overcome this difficulty with the courts and then the attorneys began to attack the constitutionality of the law. It was surprising to find how little discretion the Legislature had shown in passing the law. A regular onslaught of objections was urged and it would seem that nothing therein contained was legal or beneficial to the children. And the most surprising thing on the part of these attorneys was their great solicitude for the invaded rights of these children. In one case a boy was killed in an elevator while illegally employed. The boy was not an orphan, yet the attor- ney for the employer based his entire argument on the fact that by this law the rights of orphans were not protected. In an- other case, a boy illegally working was killed by an explosion in the engine room of a vessel and several other boys were in- jured, and here the attorneys were especially agitated over the fact that certain schools were discriminated against in the matter of vacation ! And so in every case a solicitude was begot in these professional men for the invaded rights of children, when it was seen that the law was likely to exact a penalty from their clients. Only last Tuesday, Judge Carroll Cook of the Superior Court in San Francisco handed down a decision sustaining the law in every respect, and declaring it "a valid police and health regula- tion, fully justified both under the State and Federal Constitu- tion." The defendants have signified an intention of going to the Supreme Court. In any event, there will be no cessation of endeavor on the part of my office to enforce the law, and in the event of an adverse decision, we shall certainly go before the Legislature at its next session demanding a law that will stand. \Yhile there have been refractory employers, and resort to the court has been necessary on some occasions, yet the general atti- tude has been all that could be desired. The large establish- ments have been especially careful in adjusting their business to the requirements of the law. One large department store in San Francisco, the largest in the state, employs ordinarily more than Report and Manual for Probation Officers 197 a thousand people, and over fifteen hundred during the holiday season. In this store there are over three hundred children working- throughout the year, and in the weeks just passed it was found necessary to employ double this number, yet every one of these minors had the required certificate, and not one of them worked more than nine hours per day. The management of this establishment, notwithstanding the fact that the Child Labor Law has cost them much money and time in adjusting their large force to meet its requirements, are cordially in favor of such legislation, and view with solicitude the attacks upon its con- stitutionality. Other illustrations could be given to the same effect, and it is my experience that the larger the establishment and the greater the effort necessary to keep within this law, the more cheerful and strict the compliance with its terms. In enforcing this law, myself and agents have visited and secured complete data from 1386 different establishments employ- ing 52,842 people. Of this total employment, 7592 are minors under 18 yeare of age, and of these minors 1764 are boys and 1861 are girls, between the ages of 16 and 18, and 1778 are boys, and 2189 are girls between the ages of 14 and 16 years. Thus it is seen that \4y 2 per cent of all the people employed in this state, in stores and factories, are minors under 18, judging by these results obtained from a very large number of establish- ments in different parts of the state. It will be noted that the percentage of children used in different industries varies with the nature of the work to be per- formed. .In department stores about 19 per cent is usually re- quired, and in dry goods stores 10 per cent. In this connection it may be remarked that while the percentages of minors in stores of this sort in San Francisco is but 8 in Los Angeles it amounts to 15 per cent. In factories the percentages are somewhat lower, running from 1 per cent in the iron and kindred trades, to 12 per cent in the box factories, can-m!aking establishments, etc. Our office has detailed information showing the percentages in all the different branches of labor, which percentages I deem it would be tire- some to present here. The canneries, however, employ from \r> to 35 per cent, the average being about 25 per cent. We are all familiar with the croaker who continually asks "What is the use of such a law?" the man who bemoans the fate of a nation that will tolerate such so-called paternal legisla- tion. The answer to these questions, so far as the Child Labor Law is concerned, is found in results. The thousands of chil- dren between the ages of 7 and 14 years that heretofore have 198 Report and Manual for Probation Officers been ruining their health, and neglecting their education in the stores and factories, are now no longer seen in their customary places of employment. Where they have gone may be gathered from the school records of the different cities. The school at- tendance in San Francisco alone has increased by over 2000, and fully 5000 children in the state are now in the school that were formerly at work. By taking the profit away that in the past has gone to the parents when their small children were employed, you have made these same parents the most efficient attendance officers to be found in the state. It has been the policy of the Bureau of Labor to follow up every child discharged on account of his youth, and see as far as possible that such child was put into school. Thus the change has not been from the store or factory to the even more demoralizing street, but from the store or factory to the school. Not only have the young children been taken from the employment, but the older ones between 14 and 18 are no longer permitted to work excessively long hours, some- times 12 and 14 hours per day, but now they are restricted to the 9 hours allowed by the law. The very small children, all those under 14, except in vacations, can no longer be required to work after school, but are now, like any other young animal, allowed to play during these hours. This restriction has been productive of much complaint from certain well meaning individuals, but I believe play is absolutely essential to the proper development of the child, and the proces- sion from the school to workshop or store, there to stay, in many instances, until late at night, cannot but be productive of evil results. The consideration of this latter phase of the child labor problem has brought to my attention one of the crying shames of our cities the lack of accessible play grounds for children. I say accessible advisedly, for most cities have plenty of acreage given over to parks and breathing places, but it is usually the case that these parks are located in the neighborhood of the ele- gant residence section, and distant from the modest dwellings that house those who are poorer in this world's goods, but gener- ally richer in children. In San Francisco, for example, the two square miles south of Market street where live the mechanic, the clerk, and the laborer, and where children abound, has 1 1-3 blocks given over to parks and play grounds, while the two square miles containing the greatest wealth and the fewest chil- dren, has 24 blocks adorned with parks and open squares, exclus- ive of Golden Gate Park and its Pan-handle. Another aspect of this question is shown in the increased Report and Manual for Probation Officers 199 demand for boys and girls over 14 years of age, and the conse- quent rise in the wages paid such employes. A year ago very often three boys in the same family, 12, 14 and 16 years of age, would be working. Now the youngest is in school regularly, and the other two are earning more than the three did before the law became operative. This effect has been brought about without hurt to any indi- vidual employer, for it bears on all alike, and the burden has been passed up to some of the rest of us, and now without any charity but merely with a little better distribution, two years longer in the school has been given to the youngest of these boys. Older boys and girls are being used than formerly to do the same work, and consequently the work is better done. The people interested in the canning industry felt that such legislation would be detrimental to their interest, but after one year's trial under strict enforcement, they are unanimous in their verdict that the fruit crop of the past year was put up not only in a more cleanly condition, but with less bother and annoyances. And so with other industries, more wages must be paid but better work is the result. Ninety per cent of the people of this state are behind the Child Labor Law and interested in seeing it enforced, and en- forced it shall be as long as it is my work, and I hope, as long as parents and employers are greedy or thoughtless and children helpless. In conclusion I desire to express my high appreciation of the aid given our office by the superintendents and principals of both the public and parochial schools, and the officials of the several juvenile courts, as well as all others interested in the protection and education of children, for it is only through such efforts that the highest standard of citizenship can be assured. The Juvenile Court, with Special Reference to Its Ramifications By Hon. Curtis D. Wilbur Superior Judge, Los Angeles County We often hear of a "live problem," but if there is any livelier problem than a boy under sixteen years of age I have not been able to discover it. When it is stated that the aim of the juvenile court, acting for the state, is to reform, control and direct such a boy in his own home and in his natural environment, the far- reaching nature of the undertaking and the infinite ramifica- tions of the subject are so forcibly presented to our minds that it can only be necessary in an address of this kind to touch upon some of the leading points involved in the problem. The first problem is the one I have already suggested as the aim of the juvenile court to reform a boy in his own surround- ing and environment, and, if he has one, so far as possible in his own home to keep the child out of institutions so far as possible, for the institutionalized child is like a hot-house plant, perfect, perhaps, in every way apparent to the closest observer, yet lack- ing that undefinable and undiscernible something that can stand the rough winds and the harsh treatment of real outdoor life. The problem is to teach the child to meet and overcome tempta- tion manfully rather than to avoid it. It follows, therefore, that the juvenile court problem is as wide, as deep and as far-reaching as the problem of life itself. Everything that affects the bodily health or welfare, the intellec- tual improvement or the soul of the boy is involved in the juve- nile court problem. It is obvious, too, when the problem is thus stated, that it is one that cannot be solved in any case by one hearing and one adjudication by a court, but that the problem is one of years. The problem confronting the juvenile court officials is so great and far-reaching, so involved and complex, so impossible of complete solution, that the real danger of this work is that the officers undertaking it shall be paralized by its very enormity and rest in hopeless apathy, in temporary expedients or mechanical processes; in other words, that we shall do as has been done in so many similar branches of the same work trust in general application of mechanical methods. Report and Manual for Probation Officers 201 PUBLIC INTEREST. It must be apparent that the only way to overcome this dan- ger is in the intelligent co-operation of a large number of people in the solution of the problem. It is because of this fact that the juvenile court committee provided for by the law, and the juve- nile court association frequently formed to sustain the work of the juvenile court, is of the utmost importance. It is important that public interest should be aroused in all possible ways, not only because of the stimulus that their interest lends to the work, but because it is in the intelligent co-operation of the public that the hope of the work largely lies. To my mind the most hopeful thing in connection with the work of the juvenile court is the fact that so many people seem ready to rally around the juvenile court as the center of activity. It is surprising to me how many people are interested and in how many ways that interest is manifested. It is because of this peculiar fact, this sentiment which can not be altogether explained but which surely exists, that makes the work so hopeful and justifies me in speaking of many important phases of life as ramifications of the juvenile court work. THE PUBLIC SCHOOLS. In one other branch of our government, the most important one, which is the public school, we have taken hold of this prob- lem as a life problem; that state, through its public schools, has undertaken to control and direct the major portion of the time and efforts of the children of the state from the time they are four years old in the kindergarten until at the age of twen- ty-one or twenty-two as adults they graduate from the state university. No such magnificent effort has ever before been made in the history of the world, and in this system and in this effort lies the great hope of our institutions and of the perpetuity of our government. Here it is that the people have been willing to expend such vast sums of money so liberally, and, indeed, lav- ishly, that it might almost be said that the government of the United States and all subordinate state and municipal govern- ments were maintained in the main for the purpose of carrying on the work of education of children through the public schools. It follows, therefore, that the efforts of the officers of the juvenile court in many instances consist largely in attempting to keep children in the public schools. Indeed, that is one of the cardi- nal purposes of the juvenile court as disclosed by the law itself, for persistent truants from school are made amenable to the juris- diction of the juvenile court. 202 Report and Manual for Probation Officers It follows, therefore, that we are peculiarly interested in what is taught in the public schools, and we are interested in that phase of teaching which the general public is less apt to consider, namely, that the teacher shall live up fully to the obli- gation imposed upon her by law to teach the principles of moral- ity. While the general sentiment with reference to the public schools is that their purpose is to impart information and inci- dentally develop character, the point emphasized to those of us dealing with incorrigible, dependent and delinquent children is that the public schools must develop character where there is little basis to build upon and with little assistance from the home. We must rely upon them for this purpose and that is really the most important function of the public school. It is particularly important to us that the habit of expelling children from the public schools should be dispensed with, and we neces- sarily advocate that there should be a place in the public schools for every one who is willing or can be forced to attend. While the public has been wonderfully willing to spend money for the public schools, it has not yet thoroughly grasped the proposi- tion that the millions spent annually for the support of the re- formatories, insane asylums, state prisons and various charitable institutions might with profit be largely diverted to the preven- tion of these evils by enlarging the field occupied by the public school. The public has not yet learned that it is more economical to employ a teacher to teach three or four incorrigible children than it is to run the risk of their going to reformatories and be- ing an equal or greater expense to the state. We of the juvenile court are interested in seeing that there is in the public schools more manual training for those children who drop out of school because of their abhorence of the purely intellectual development. We regard as extremely hopeful the advance already made in that line and believe the time will come when it will be placed on a par with the intellectual advancement and be recognized as a very important adjunct and stimulus to that advancement. I am proud to say that from almost the inception of the work in Los Angeles county \ve have had a public school teacher in the detention home conducting a school which all the inmates are obliged to attend. THE SUNDAY SCHOOL AND CHURCH. Recognizing that all human actions spring from the impulses and determinations of the human heart, it follows that the officers of the juvenile court are necessarily interested in keeping the Report and Manual for Probation Officers 203 child under its jurisdiction and under the influence and teaching of the church, to which it naturally belongs. The really impor- tant thing which is taught by all the churches and which should be taught in all of the public schools is the idea of individual responsibility to God, who knoweth the inmost thoughts of the heart. In the cultivation of this belief and thought is the only hope of real reform or regeneration, so that the work of the probation officer must involve placing of a child so far as possible in a congenial, religious atmosphere. It follows then that the juvenile court is necessarily allied to and with all the institutions managed by the churches for the betterment of the young to which the children under its jurisdiction may be committed, or from which they may come under the supervision of the court. We are interested in the manner in which all these institutions are conducted, for upon them and upon the instruction received in the church and in the school we must largely rely for our hope that some permanent good may be done to the child under the direction of the court. Comparatively few of the children com- ing before the juvenile court have been in the habit of attending either the church or Sunday school. Some of them have been densely ignorant of some of the most fundamental religious truths and of religious history. The acquaintance of some with the Saviour has been confined largely to the knowledge derived from the profane use of his name upon the streets. In passing from this subject let me here express my appreciation of the hearty sup- port of the church people of all denominations, the Protestant and Catholic, in the work of the juvenile court. I wish, without discounting the work done by any other institution or denomina- tion, and partly because I am not myself of that faith, to express my appreciation of the work done by the Home of the Good Shepherd, a home for erring girls. THE SEX QUESTION. Of the cases of children coming before the juvenile court for sexual crimes, I believe more than half arc due to the dense ig- norance upon those subjects. Judge Lindsey of the Denver juve- nile court is reported to have said in a recent interview that 99 per cent of the delinquencies of the children could be traced to the sex question. I am not prepared to agree with this state- ment and I am not sure that it was made. It must be. however, patent to every thoughtful person that our present ostrich-like method of dealing with the sex question is the height of absurd- ity. We not only teach children lies, to their ultimate damna- tion in some cases, but in many instances their faith in their own 204 Report and Manual for Probation Officers parents is destroyed by the deceitful subterfuges and lies handed down from parent to child. I am aware that this is an exceed- ingly delicate subject, and should be handled as such. Childish curiosity will have an answer and the question for us to deter- mine is whether that answer shall come from sympathetic and loving teacher, or parent, or from the moral degenerates and sex- ual perverts seeking the downfall of the boy or girl, for there is no doubt that boys as well as girls can be seduced and fall. For my part, I don't want the devil or any of his cohorts instructing my children upon this or any other subject. ALCOHOL, NARCOTICS AND CIGARETTES. The officers of the juvenile court are necessarily interested in the enactment and enforcement of the laws which will prevent children from ruining their bodies and wrecking their souls by the use of any drug or stimulant or narcotic. Nothing is quite so hopeless as a mere child who has become a slave to the cigar- ette, unless it is one who has become addicted to the cocaine or morphine habit. Unfortunately, there are such. So the juvenile court is interested in anything that attempts to prevent lewdness or obscenity among children. THE HUMANE SOCIETY. \Yhile we have been accustomed to the thought that the Juvenile Court Law is something new, the fact is that in 1878 a law with reference to the incorporation of the humane societies, defining their duties and the offenses or delinquencies which they might take cognizance of, was passed in this State, which contains substantially the same provisions with reference to the children that the present juvenile court law does. The present law merely adds to the previous law machinery for the more effi- cient carrying out of the law. It follows, therefore, that the work of the juvenile court and of the humane society are practically one. The work of the humane society, of course, is broader in that it deals with the public generally, while the work of the court is confined to the children brought before it. It makes little difference which claims to be the branch and which the trunk. The work is one, and we rejoice in the exceedingly hearty co-operation of the Los Angeles Humane Society and all its officers. THE HOME. It is scarcely necessary for me to mention the interest which the officers of the juvenile court must take in the home of the child. This is so patent that it need not be discussed by me, Report and Manual for Probation Officers 205 but all laws for the enforcement of domestic rights which re- quire father and mother to do their duty, and which protect chil- dren in the home, are of interest to and directly bear upon the problems of the juvenile court. And on this most important sub- ject I say so little only because it is too obvious to require dis- cussion or comment. THE CHILD LABOR LAW AND THE COMPULSORY SCHOOL LAW. Since 1878 we have had upon the statute books of the State of California a compulsory school law commanding the attend- ance of children under fourteen years of age at the schools. The difficulty with the law, and it was only a very small difficulty, yet so vital as to practically destroy the usefulness of the law, was this : The only punishment provided in case of the violation of the law was a fine without imprisonment imposed upon the parent. As practically all parents who kept their children out of school were execution-proof this was sufficient to defeat the law. The parental school law will, in a large measure, I think, be supplanted by the Juvenile Court Law which makes per- sistent truants from school, as already stated, dependent children. Perhaps a more perfect definition of what constitutes a persistent truant should be incorporated in the law, but with such definition I think there will be no necessity for a separate statute. This law takes hold of the child and puts him in school and keeps him there regardless of the parents' wishes. Co-operation with this is the child labor law, which prohibits children under sixteen from working unless they are able to read and write, and prohibits children under fourteen and over twelve from laboring. This is a most effective compulsory school law, for, if the children can not work and earn money for the benefit of the parents, the parents usually will be glad to get rid of them by putting them in the schools. Here, too, in passing, I may mention the fact that a slight change in the law revolutionized it from an ineffective to a most effective statute. The law of 1903, which punished the child and the parent, provided no officers who should see to its enforcement, and was practically a dead let- ter, while the law of 1905 which punishes the employer has been almost self-executing. This law. it should be said in passing, has imposed on the judge of the juvenile court the duty of issu- ing permits to all children under fourteen, and, therefore, may very properly be classed as one of the ramifications ol the Juve- nile Court Law. 206 Report and Manual for Probation Officers ENFORCEMENT OF THE LAW. All the officers of the juvenile court are necessarily intensely interested in the enforcement of the laws for the protection of children. In Denver this work seems to have been thrust in some way into the hands of the juvenile cqurt. Perhaps the judge has taken hold of it without specific or legislative authority (and I say it without intent to criticise), ignoring the fundamental divi- sion of the government into executive, judicial and legislative officials. We would like to see some means taken to head off the terri- ble demoralization of the messenger force and some effort made to enforce the laws preventing such boys from being sent into improper places. The legislation upon this subject is futile un- less enforced. We wish that the good people who sought and procured legislation upon this subject and upon the subject of giving alcohol to children in saloons would follow up their efforts by enforcing the law. NEW LEGISLATION. While the court, as such, is not supposed to have any inter- est except in enforcing the laws as they exist, the judge, and also the court, is necessarily interested in such legislation as will be helpful, and in this connection I would say that I believe that the juvenile court is the entering wedge which will assist us in overcoming the fossilized and moss-grown traditions which sur- round and render ridiculous our criminal courts, by the adoption of legislation which will tend to place truth telling at a premium, rather than perjury, on the part of the defendant. Legislation will have for a subject the prinicple which is now recognized as the guiding star in all prison reform, namely, the reformation or permanent incarceration of the criminal. The question of prison reform, probation of adult offenders, and parole prisoners is par- ticularly interesting to those connected with the juvenile court for the reason that five or six years from now probably fifty or sixty per cent, of the cases which come before the criminal court will be cases of those who have come under the wing of the juvenile court and have failed of reformation therein. May I suggest some new legislation which, it seems to me, should be had? First A constitutional amendment authorizing a conviction in a criminal case by less than twelve jurors, say three-fourths. This is followed in the civil cases in the Stale, and the innovation in that regard has proven eminently satisfactory here. Second Laws tending to suppress the use of cigarettes, alcoholics and narcotics among children, and while there are such now, it seems Report and Manual for Probation Officers 207 to me that a law punishing the child, or at least making the child amenable to the juvenile court, would obviate many of the diffi- culties of proof which now exist.* Third A law providing that girls should not attain their majority until the age of twenty-one years.t There seems to be no just reason for the present law which makes a girl of age at eighteen and certainly she should not be allowed to become a habitual prostitute in the teeth of the objection of her friends and relatives before she has arrived at that age. A number of such cases come to my attention and have forcibly illustrated the folly of our present plan. The amend- ment to the Whittier law which permitted an incorrigible child to be retained there until twenty-one years of age was certainly a step in the right direction. $ In view of the law which per- mits adults as well as minors to be placed upon probation, there should be in every county a paid probation officer. This would be economy and is, in fact, an absolute necessity. Fourth There should be some more stringent laws in regard to vagrancy. Unfortunately, by a certain class of public officials in California, these are regarded as a sort of perennial crop to be harvested at the proper season of the year, and this is not surprising in view of the present inadequate plan of dealing with the question. A justice of the peace, who was congratulating himself upon the good harvest in this direction, asked me whether or not I thought ten days was about the right sentence in such cases. I felt that under the circumstances I could not answer the question with propriety, but I will now answer it by saying I would advocate life imprisonment for the incorrigible and wilful vagrant, with proper opportunity, of course, for parole upon disclosure of an intent to reform. Why we should allow these men to over-run the country, committing all sorts of heinous crimes, wrecking trains, raping women, and rely upon our ability, or the ability of our officers to prove beyond reasonable doubt the identity of the individual who perpetrates the crime, is difficult to answer, unless we attribute it to the love of the brother which so thor- oughly permeates the grain and fibre of our citizenship. *See Juvenile Court, 1911, Sec. 1. tSee Juvenile Court, 1911, Sec. 1. JSee Juvenile Court, 1911, Sec. 5. 18. See Juvenile Court, 1911, Sec. 10. Probation Work By Judge H. H. Klamroth Pasadena After the very lucid and complete exposition of the subject of the juvenile court, including probation, by our worthy and able Judge Wilbur, there seems very little for me to say except that his natural modesty has opened the loop-hole for me that I desire. While other cities and counties have their juvenile judges, of whom they are proud; while other juvenile courts have their judges whose utterances and opinions are quoted the country over, we of Los Angeles county, we of the probation board, feel convinced that we have about the best of them all. Judge Wilbur inaugurated the system of the juvenile court in this county, when the law left so much unsaid, so much uncer- tain, so much incomplete and placed it upon a firm and lasting foundation ; with a firmness of purpose born of conviction, with a keen insight into human nature, with tact and patience, and a firm belief in the justice and necessity of the law, he has met with objections and technicalities and sent them down before him to defeat ; and now his plans and suggestions have been fol- lowed in the drafting of the new juvenile court bill under which he and the probation officers are so ably and faithfully working. Through his ability and the faithful endeavors of our probation officers, Rev. A. C. Dodds, and also Mrs. F. H. Byram, the juve- nile court and its methods in this county have long since passed out of the experimental stage and it is now universally conceded, even by our former worst enemies, that the conception of this juvenile court movement has been a factor for more good to the masses than any other movement that has been presented in years. And during these years when our ship was sailing the tort- uous channels of public criticism and buffeting the storm of unfair judgment it was only because of the able captain, our judge, and his two mates, our probation officers, assisted earn- estly and indefatigably by the ladies of the probation committee, that we picked the tortuous channel and weathered the storm to enter the harbor of our desire. Our chief probation officer, Captain Dodds, certainly de- serves much credit for our success. Coming here an utter stranger, but with a reputation for good work and untiring Report and Manual for Probation Officers 209 energy, he took hold of the untried work here, amid a storm of opposition, and has carried his part to a most successful issue, until now he is consulted and applauded by his former worst critics and opponents. To the probation committee, of which I have had the honor of being chairman since its inception, and which position has car- ried with it mostly honor and very little work, for I am naturally lazy, belongs much praise and commendation. The law as it read and as it now reads, puts very little re- sponsibility on this committee, but we seemed to read between the lines the necessity under the old law of providing the sinews of war, money, for the payment of officers, of board and lodging for the homeless juveniles and for the many purposes included in the work and under the new law, which, wisely for Los Angeles county, has provided for certain salaries. But we still find our- selves facing monetary contingencies that must be met. Through our endeavors the Board of Supervisors and the Council of Los Angeles were won over to the support of this pro- ject; through the endeavors of our ladies, the Women's Clubs of the county have come bravely to the front, and from a financial standpoint have borne the brunt of the first year's battle and so, working harmoniously and -together the judge, the probation officers and the committee, we have placed the juvenile court and all it stands for in Los Angeles county firmly on a basis of usefulness and worth. Next in importance to the fact o\ the establishment of the court and its primary workings is the probation system inaugu- rated by the Juvenile Court Law, for the benefit of minors and by other laws for the benefit of adults. The law, by providing for probation of minors, said practi- cally, that it did not believe in institutional training for children, except as a last resort. That children should be given every opportunity to be trained in home surroundings and under home influences, and to this end we have worked since the court's inception, and as a result there is a large decrease in the number of children sent to State or other institutions, which means so much toward the training and education of the child, and a tre- mendous saving to the public purse. Under this probation system the child is again and again helped back to the steep and tortuous road of righteousness by the admonition and advice of the juvenile court through its judge or probation officers, or else the conditions of its home surround- ings are, through the work of the ladies of the probation board 210 Report and Manual for Probation Officers and others, so changed as to bring about better conditions for the child's welfare and education. And how much have we done in the way of probation work in this county? Out of five hundred and twenty cases heard in the juvenile court, four hundred cases were placed on probation, out of which eighty-five per cent, or three hundred and forty responded to the treatment and have worked out their own salvation under healthy, natural conditions, and the vindication of the probation system, if it needs it, lies in the fact that something over eighty young people have placed themselves under so-called voluntary proba- tion with our probation officers and some, even though released from probation have continued of their own choice to report and receive encouragement. And as to the matter of probation for adult delinquents, the success, importance and practicability of the system has been proven without a doubt in other places and countries, and in Los Angeles, out of twenty-six Superior Court probations established, Captain Doclds reports only one backslider. You can imagine what a joy and pleasure it is to me to see this system of probation, which I introduced first over seven years ago as judge of the police court of the city of Pasadena, true, without legal sanction, but with wonderful success, grow so that the young people of the whole county may invoke its bene- fits. All who commit crimes, be they child or adult, should be treated, not by applying the old adage "to let the punishment fit the crime," but rather by invoking our best thought, our best medical experience, our best endeavor and thereby to cure their disease or correct them in the error of their way, and to my mind the best remedy first to apply is probation, which may cure with- out leaving the scar of loss of self-respect, without which one is lost. As Samuel J. Barrows, President of the International Prison Congress has put it, "three important contributions to criminal law and criminal procedure have had their origin in the United States. One is the establishment of a probation system appli- cable to both adults and minors; the second is the organization of juvenile courts, and the third is the adoption of an indeterminate sentence." \Ye in California now have the two former and may we not go still a step further in the future, and look for the third. The probation system as well as the system of indeterminate sentence does away with many of the inconsistencies of our crim- inal law, and leaves to the honest and capable judgment of the Report and Manual for Probation Officers 211 judge to determine whether the criminal should be given an op- portunity to retrieve his misbehavior outside the prison, or whether he should be forced to work out his own salvation through an indeterminate sentence. By what hocus pocus have we arrived at the laws which make the stealing of $49.00 punish- able by imprisonment for six months, and $50.00 by imprison- ment for ten years. Who, I say, can determine and tell why the difference, or as Barrow's says : "A judge would find it hard to tell why he sentenced one boy five years for stealing a dollar, and another for one year for stealing $186.00, or another judge why he sent one boy to prison for one year and another, a first offender, to sixteen years for the same offense." These systems solve the problem and either through proba- tion, under the supervision of the court or its properly consti- tuted and authorized probation officer or through the indeter- minate sentence we transfer the work that we have tried to do, and in which we have miserably failed, to the shoulders of the criminal himself, to work out his own salvation and should he prove himself amenable to reformation his self-respect and cour- age are saved to him and he can face the world again, but if not, he becomes the ward of the people and must be forced either by imprisonment or by other means to obey the country's laws. When the committee approached me to address you to-night, they put a ten-minute limit on my speech, and I beg to assure you that to handle the subject of probation as it deserves, would take many times the ten minutes, so instead, I have decided to speak generally for ten minutes only, on several subjects, includ- ing the probation system, that I think may interest you. The Forces Tending to Crimes By the Right Rev. Thomas J. Conaty Bishop of Los Angeles Read beftre Fourth California State Conference of Charities and Corrections, 1906 To adequately treat the topic assigned to me would demand more time than is at our disposal. The most that can be done is to touch upon what I certainly believe to be some of the stronger forces tending to moral delinquency. No one can view the present conditions without feeling alarmed at the increase of vice and the general weakening of the moral tone of the com- munity. Times, indeed, are changing when we are apt to be sur- prised at sturdy and rugged honesty found in an individual. Social conditions present to us pictures which cannot fail to make us think seriously of impending dangers. The problem before us is not one easy of solution. This con- ference is not going to solve it. Yet a fair and candid discussion brings us nearer to the solution. \Ye all approach it with one motive, the welfare of our fellows and the good of our communi- ties. We have no special political nor religious axes to grind, but we all stand ready to offer the honest contribution of our thought and experience to the general understanding of what all acknowl- edge as fundamental to our success as a nation. All agree as to the facts the appreciation of causes may differ. Our social views may be the result of our religious views, and rightly so, but we are honest in our expressions and anxious to help in the cause of better citizenship. Men devoid of conscience or dull in any degree to the moral sense are dangerous in our communities, not only because of the crimes which they may commit against social and individual rights but also because they form a part of our citizenship and by the suffrage are forces in the making and unmaking of our social system. Juvenile depravity is one of the startling results which in- vestigation chronicles. The real danger to our social fabric is largely from youth going astray. The boy, too familiar with the streets, enamored of it, is apt to find theft more profitable than honest labor and crime easier than virtue. The young girl, in- troduced by the street into associations that lead her from virtue, lured to ruin by her more fortunate friend and led in consequence Report and Manual for Probation Officers 213 into a life of sin; the night hawks who barter in human souls, the vagrants, desperate for food and drink, the prowlers in our by- ways, and the highway-man in aur public streets, are largely the outcome of misdirected, misled and wrongly trained youth. The street corners, the arcade pictures, the shooting galleries, the dice throwing at cigar stores, the pool rooms, the saloons, the gamb- ling dens, the race tracks, are all rounds in the ladder that lead many downward to depravity. The careless and improvident homes, the vicious parents, the unwillingness to attend school, the dislike for work, associations with those familiar with crime, are all occasions that make the street, rather than the home, the school or the church, the teacher of youth. The street leads such youth to degradation and ruin. In our largest cities many of the poorer class live in hovels, many others dwell in poorly built and badly ventilated tenement houses, the owners of which frequently neglect the needs for the common decencies of life and allow their property to develop finally into slum conditions where the crime is daily and nightly taught and out of which comes hordes of criminals to prey upon the people. Young boys, through the carelessness of parents and lack of supervision, are allowed to come in contact with pick-pockets and thieves whose stories of adventure give to the boy-mind the idea of heroism and greatness. Contact with such lower elements causes youth to lose respect for law and order, to despise and defy the policeman, to look upon all authority with contempt and in the spirit of adventure to imitate the hero to whom they listened or whose wild deeds were the center of the exciting story read in the highly colored novel or newspaper. The statement made in a Brooklyn report in 1878 expresses this thought: "There seems to be a spirit of adventure among boys of tender years that will not hesitate at incendiarism and will at times permit them to point a loaded revolver for some fan- cied offense. Their ideas are communistic to an extreme degree and they will assuredly pull down our houses about our ears if not repressed seasonably and with determination. These boys are not acquainted with fear, they have sometime to learn the sanc- tity of an oath and they look on the laws of society as enacted for their oppression." Who is to blame or what is to blame? Ts our civilization a failure or are our conditions at fault? One thing is certain, that there seems to be a growing disregard on the part of parents toward their children and an ever increasing lack of supervision. Children do as they please, go where they please, go with whom they please. The anxiety of the elder Tobias as to the compan- 214 Report and Manual for Probation Officers ionship of his son seems not to affect many modern-clay parents. We need only stand near the doorways of one of the cheapest and meanest showplaces to see hordes of children crowding their way to witness what in many cases is demoralizing and debasing to their young minds. Poverty frequently has much to do with the unfortunate conditions in which children are reared. Idleness also enters into the problem and evil associations has the largest responsibil- ity for the results. Home, to many children, has become an eating and lodging house. Parents, growing careless, neglect to properly reprimand and omit altogether to punish. No matter how much you may believe in kindness as the great moving principle in correction, there are many of us old fogy enough to still believe that the birch rod is wholesome, and the fear of God is often associated with the fear of the rod. The American boy, and often the Amer- ican girl, have grown up to feel independent of parents and the courts often support them in it by not forcing parents to look after their children, to clothe and school them, instead of forcing the State to assume such duties in its public institutions. The extraordinary growth of our cities at the expense of our rural communities may be considered as one of the elements entering into the increase of crime among juveniles. The farm has lost its charm, the village has become wearisome and nothing but the noise and bustle of the city and the excitement of the city streets seem to satisfy youth. The constant whirl and excite- ment, the jingle of ready money in the pocket, the increasing demand for fun and pleasure, are the gateways that open into the homes of danger. Increased demands are upon the people and frequently these demands are supplied at the expense of the strict honesty to pay what has been contracted for. Extrava- gance begets dishonesty. Employment for youth is not easily obtained, or if obtained, is frequently surrounded by many danger- ous associations. Both boy and girl away from the close touch of home influence are frequently placed in the presence of sugges- tion and temptation, the inevitable condition of certain business phases with which the village and the home were not familiar. The mere pittance of wage offered to such wage earners imposes a condition which in a certain way obliges them to seek for other means of money earning in order to be able to live and as a result we frequently have not only dishonesty but immorality. The boy or girl earning wages is apt to become independent of parents and demand liberties which are occasions for evil development. The fact that they are employed, often for a mere Report and Manual for Probation Officers 215 nominal sum, not only interferes with legitimate labor but also stunts the growth and dwarfs the moral sensibilities of the youth. It also places him at times in contact with associations and temp- tations which he should never know. One of our earnest endeav- ors should be in the direction of saving the child from labor and giving him the opportunity of school and home which will tend to develop the manhood in him, that manhood which will stand him in stead for his future development. There is a growing tendency in city life to rise above the commonness of trades. The avocation of the father has little inducement for the son and the foolishness often of the parents forces the child out of what would seem to be his natural bent, into a sphere of life for which his talents do not fit him, and as a result we have misplaced lives, unsuccessful men and women who follow the line of least resistance, drift into idleness and from idleness to general crime, the step is a very short one. On the other hand, success begets extravagance ; pleasures, at' first inno- cent, soon give way to those of doubtful character, and finally lead to dissipation and ruin. Habits of vice contracted demand satisfaction, and if the means be not at hand to pay for them, fraud, theft, and forgery supply them. Pauperism is of recent growth in this country but at present every community has its vagrants. Every poorhouse is crowded and jails and prisons are swarming with their inmates. The Prison Association of New York in one of its annual reports some few years ago, said : "It is a fact that the numbers, and fear- lessness, and the defiant organization of criminals against prop- erty have been increasing these several years past in the city of New York." What is appalling is that the growth of a city seems to bring with it the ever increasing danger to property and human life on the part of organized ruffianism. The conscience of a community is sometimes aroused to a sense of the danger but after some spasmodic effort the people lapse into their accustomed quiet until the neighborhood is again stirred by a series of crimes, the evident outcome of gangs of organized criminals. In discussing the forces that tend toward the moral delin- quency one easily places the finger upon pauperism, intemperance, slum conditions, incompetent and vicious parents, miserable homes, degraded and underpaid labor. All these are active agencies in the development of crime. There is one great over- shadowing cause which would seem to be also in some respects an effect and which I would wish to emphasize, and that is the absence of moral training. Of course where the home is not built 216 Report and Manual for Probation Officers on moral lines, it is difficult to expect it to be the nursery of moral ideas. Where vice prevails and associations are nearly all evil, it is impossible to expect manhood development that leads to good lives. Apart from these and beyond them all there is an absence of moral training in so many homes not handicapped by such wretched conditions. To my mind one of the greatest sources of crime is the unchristian, unreligious character of many homes and of much of our education. Home, after all, is the nursery of life; it is the teaching place of childhood, the training school of the fundamental principles that stand for char- acter. In the home is to be found the hope or despair of the State. Home, to many children, has lost its meaning. The demon of divorce enters the household, robs the fireside of its loves, weakens or destroys responsibility to childhood and fre- quently breaks the tie that binds child to parent. Divorce destroys so far as it can the sense of responsibility for married life, desecrates the sacredness of the marriage vow, breeds con- tempt for Divine law and in so many cases sends children adrift to work out their life problem alone. Divorce robs marriage of its sanctity, makes it a huge burlesque, destroys responsibility for home life and declares that passion, pleasure and whim are the determining forces of married fidelity, legalizes free love, tends to race suicide, and practically destroys so many homes. Intemper- ance is another source of home destruction and the bountiful breeding cause of much crime. It saps human energy and brings into human lives blasphemy and all forms of pauperism, the stalk- ing demon of debauchery which pollutes and destroys, and makes vicious parents who are frequently the purveyors of the vilest crimes. The home broken by divorce, paralyzed by intemper- ance and vice, is a fruitful source of our crimes. The conse- quences from such homes are apparent to all and need not to be dwelt upon. This reaction of home upon church forces, resulting in so large a body of people growing up without that moral instruction which home and church should give, forces one to the conclusion that the school must enter into the work in order to save the home and aid the church. Where is a child to receive his moral training when in so many cases, his home and parents have lost their sense of responsibility to the moral law. Even where divorce nor intem- perance enter it is unfortunate but it is nevertheless true that the religious life offers little inducement to multitudes of our people. The unchurched masses fill our cities and are found often in our demure and staid villages. The Atlantic Monthly for October, Report and Manual for Probation Officers 217 1878, says: "The influence of churches and of religion upon the morals and conduct of men has greatly declined and is still declining. There is yet a large amount of moral force and healthful life in the churches. Religion is not extinct. But the really significant fact here is that it is constantly losing ground. The empire of religion over human conduct, its power as a conservative moral and social force, is so far lost that some things which are indispensable to the existence of society can no longer be supplied from this source without a great increase in vitality in religion itself. The morality based upon the religion properly professed has, to a fatal extent, broken down." But unfortunately the tendency of public education, espe- cially State aided instruction, has been to divorce religious in- struction from school training. You cannot eliminate or mini- mize God in the instruction of children without realizing the con- sequences in a youth bereft of moral sense and without the stamina necessary for the days of trial and temptation. The home and the church unite in doing their duty to those under their influence, and thank God they are doing the work of salva- tion but for the masses the great teacher, and often the only teacher, is the school, and if there be no religious atmosphere there, then look out for the waves that will threaten the social fabric. If men would divest themselves of religious prejudices and approach this subject from the common standpoint of social needs, much might be done toward a solution which would benefit all without interfering with the religious rights of any. Public education has, as a result, general education, but no community, no state or nation can allow itself to enter into the field as an educator of the whole people without studying the needs of the people and the consequences of its methods. The history of the world, and, indeed, our own experiences show us that you cannot have a people moral without a moral code built upon God's law, accepted and followed, and religion alone can teach and enforce. Experience shows that for the masses of the people to a great extent the home has become derelict in its duty and cannot be relied upon, for the parents have cast the burden upon church and school. The school is but the outgrowth of community desires to aid the home and the school is compulsory cither by law or by the needs of life, while the church is left to man's free choice. The school (.Iocs not seem to lead men to that high moral plane which home ami church unite in reaching, hence we come back, by necessity, to the school as the trustee selected by or for the parent, and we ask what is the cause, or rather the defect, and some find it in the 219 Report and Manual {or Probation Officers absence of all positive religion. We should study to make it possible that under her aegis, in some way in keeping with the religious rights of all, religon may enter into child life. It is a plain and simple problem. We may try to deceive ourselves and look at it another way, but like Banquo's ghost, it will not down. We need morality and we need the morality that comes from positive definite law. Make our children know the moral law, cast their young lives under religious influences, and though we may not be able to save them all, we can save more than to-day. The social conditions confronting us make us feel that the moral sense is being blunted and that our great purpose in all reform is to bring the people to a sense of their moral obligation. State institutions, charitable organizations, should strive and develop lives in those under their care along the lines of what- ever religious ideas they may have received. The purpose should be to find the religious basis of their lives and build upon that foundation. Proselytism, the destruction of whatever relig- ious principles may have been implanted by home traditions or early training can never work out successfully the problem of moral reformation. The sanctity of whatever consciences such children have should not be violated by the zealot who strives, especially in a State institution, to make the child despise the religion of his parent and to turn his religious inclinations in the channel which seems best for the proselytizer. Build up rather than pull down and feel confident that the best results can be obtained along the line of whatever religious instincts the child may have had and the interpretation of the parent's will in the matter should determine the form of religious instruction. We may bitterly lament the conditions of home life and strive to pass legislation that will change them. It is well to feel that the burden of crime is not wholly upon such causes but that the general social conditions have blame attached to them. Discuss it as we may, every sincere observer must acknowledge that there is a general blunting of the moral sense not merely in the criminals but in society generally. Our commercial and industrial conditions have a tendency to blind us to moral obliga- tions. The fault is with the rich as well as with the poor, with men of high standing as well as with those of low degree. Money is the god of the hour and law is frequently made and is frequently violated to subserve selfish interests. Crime in the poor is so often harshly punished, while still more serious crime in the higher circles of life fails to receive deserving punish- ment. Much of the poverty of to-day is due to the grasping spirit Report and Manual for Probation Officers 219 of individuals more fortunate than the poor whom they employ or whom they house; the unwillingness or inability of muni- cipalities to enforce the ordinary statute law, allowing the saloon to run Sundays as well all the night long, and a red light dis- trict to flaunt its vileness in the face of the passer-by. These are evidences of moral stupor or of lack of moral sense. The vicious are allowed to violate the law and those in authority seem obliged to condone its violation for fear of the elements that control their business or their politics. Let us blame all causes and not forget that those who are called to rule should be the first to obey the law ; that wealth has its duties to the community as well as its exactions of tribute from the people. Pleasure, gratification of appetite, enjoyment, appear to have become the aims and purposes of life; the commercial instinct has crowded out, in so many instances, the religious one. Tn the mad rush for power, in the brutal struggle for life, moral prin- ciple cuts a very sorry figure. It has so little commercial value that it is the last element introduced. Men profess morality, talk about its need, deprecate its absence, but they go on in the daily duty of grinding, cheating, killing if need be, getting, anyway, what their heart is set upon, no matter the blood, tears and injustices. Success is to come by moral means if possible, but success, anyway. The commandments of God are not essential to the carrying out of business schemes. It is well for us never to allow it to be forgotten that conscience is the soul of character and that religion is the one force which can influence instruction and guide conscience. Religion is the sanction to all law and the one power that can maintain authority. It alone can teach and enforce the moral and make it the norm of human life. There can be no morality worthy the name unless it come from religion and have its source in the eternal law of God. Any other moral- ity is of too thin a veneer to stand the strain of human passion. Education, the mere knowledge of books, the knowledge even of arts and sciences, is not the only thing that is needed for the development of character. Its soul, the soul of all education, is in the religious sense. Our young criminals are expert in many branches of knowl- edge, capable of forging your signature and mine, ingenious beyond the power of trained detectives to circumvent, able to read and write and cipher, but with no moral sense. They are educated to believe that right is to make a living without work- ing, and wrong is to be caught doing it. They have no respect for the property of others, no veneration for old age, no rcver- 220 Report and Manual for Probation Officers ence for God and sacred thing's, no sense of duty or responsibility, a love for the vile and a contempt for the pure and the true, no control of self, no curbing- of the desires, and the appetite, no knowledge of honor, except that it leads them to save others from the law. \Yhat has education done for them? Made them ex- pert criminals.. The religious element has never entered or has not sufficiently entered to curb the savage, to control the animal, to guide the reason in them. For them religion means nothing but weakness and silliness, or as they think has nothing for them. Their homes are frequently irreligious, or at best, tin-religious, often bad. Intemperance, immorality, carelessness, is the atmos- phere in which their young lives grew. Such a home can no more send forth good men and women than a bad tree good fruit. Of course, God's grace can come to the children of such homes, touch the hearts and by the influence of the church, school and companionship, save them from ruin, but it is the very rare excep- tion and we cannot build upon it a citizenship on which to de- pend. A bad child may come forth from a good home and saintly parents have their name disgraced by the misdeeds of rascally children, but again that is the very rare exception. A Judas among the twelve betrayed his Master and one thief of the two on Calvary was promised Paradise by the Redeemer; the environ- ment saved the one but not the other. While condemning the evil deed and punishing the evil doer, let us not fail in our study of the facts to strive and find the source of the evil. Useless for us merely to inveigh against the saloons, the gambling dens, the red light horror. Put the strong hand of the law on those who violate it. See that the law be enforced. Allow no bargains with evil. Enforce the statute law and let the offender understand that neither wealth nor political influence will keep him from conviction and punishment. Thus teach the wholesome fear for the law by enforcing it. Neglect to do so breeds contempt for all law. My strong plea is for the child. The advanced criminal needs the prison and prison punishment. The wholesome fear of the law must be visited upon all who violate it. P>ut in searching for the cause of increasing crime, let us aim to cast about the child the influence that will make him moral, determine his char- acter for goodness and develop him into a God-fearing and law- abiding citizen, worthy of companionship and meriting our confi- dence, and thus contributing toward the glory of our citizenship. The home, thus renewed in a better childhood, whose moral education will lead him to church and thus tend to strengthen the social fabric of which he is destined to become a member. Report and Manual for Probation Officers 221 DISCUSSION. Chairman W. A. Gates : Bishop Conaty and myself do not belong to the same church organization, but I believe that we do worship the same God, and we are controlled and governed by the same divine law, and I think when the people of the differ- ent churches commence to realize that they are under the same divine power, and will discuss and consider these questions in that light, that we will arrive at a solution. Mr. A. J. Pillsbury : Just one thought I want this audience to carry home with them. Nine years ago eighty-five thousand boys started to school in California, and last June forty-five hun- dred of them graduated from the common school. The rest of them dropped out. If we are going to do a great work for the moralization of the race through the school, you have got to have your children in school. I have followed this matter from this ocean to the other ocean, and have visited as many reforma- tories as possible, and I found this to be the fact, that the first offense committed by the delinquent child is truancy. The first thing the child does is to drop out of school, and in all these institutions four-fifths of the inmates did not get beyond the third grade, and many of them barely learned to read. Now, as to the problem of criminals, it may be that the school did not save them. As to the problem of juvenile delinquents, the school did not have a chance to save them, because they were not in school, and the problem up to California is to enforce its com- pulsory education law, and enforce upon the parents the obliga- tion of seeing that their children are in school. Adult Probation REPORT OF NEW YORK STATE PROBATION COMMISSION, 1910. The report lays special stress on the importance in probation work of intelligent methods and thoroughness. Success in the use of the system is declared to depend chiefly on these requisites : 1. That courts select competent and faithful probation offi- cers. 2. That courts select for probationary treatment suitable defendants. 3. That courts keep persons on probation sufficiently long. 4. That probation officers keep closely informed regarding the conduct of those under their care. 5. That probation officers use effective means to improve the habits of those under their care. 6. That persons on probation proving unfit for such treat- ment be returned to court for other treatment. Attention is called to some of the dangers of careless and in- effective probation work, which, in the language of the report, besides failing to reform offenders, may foster the belief that crime can be committed with impunity, and may weaken public respect for criminal courts. \Yomen probation officers are said to be preferable to men officers in exercising supervision over women and girls on proba- tion. There are at present 24 women probation officers in the State salaried from public funds. Adult Probation An Act to amend Section Twelve Hundred and Three of the Penal Code of the State of California relating to the proba- tion of persons arrested for crime after a plea or verdict of guilty and the suspending of the imposition or execution of sentence during the term of probation and the disposition of such accusation after full compliance with the terms of probation. Approved April 6, 1911. THE PEOPLE OF THE STATE OF CALIFORNIA, REP- RESENTED IN SENATE AND ASSEMBLY, DO EX- ACT AS FOLLOWS: Section 1. Section 1203 of the Penal Code of the State of California is hereby amended to read as follows: 1203. After plea or verdict of guilty, where discretion is conferred upon the court as to the extent of the punishment, the court, upon oral suggestions of either party, or of its own mo- tion, that there arc circumstances which may properly be taken into view, either in aggravation 1 or mitigation of the punish- ment, may in its discretion refer the same to the probation ofHcer, directing said probation officer to investigate, and to re- port, recommending either for or against release upon proba- tion, at a specified time, and the court shall hear the same sum- marily at such specified times, and upon such notice to the ad- verse party as it may direct. At such specified time, if it shall appear from the report furnished by the probation officer, or otherwise, and from the circumstances, of any person over the age of eighteen (18) years, so having pleaded guilty or having been convicted of crime, that there are circumstances in miti- gation of the punishment, or that the ends of justice shall be subserved thereby, the court shall have power, in its discretion, to place the defendant upon probation in the manner following: 1. The court, judge or justice thereof, may suspend the imposing, or the execution of sentence, and may direct that such suspension may continue for such period time, not exceeding the maximum possible term of such sentence, and upon such terms and conditions as it shall determine, which term-- and con- ditions may include, in the discretion of the court, the requirement of bonds for the appearance of the person released upun probation 226 Report and Manual for Probation Officers before the court, at any time that the court may require such ap- pearance in the investigation of any alleged violation of said terms and conditions of probation, and such bonds may be at any time by the court exonerated without affecting any of the other terms or conditions of such probation : And in case of such suspension of imposition or execution of sentence, the court shall place such person on probation and under the charge and supervision of the probation officer of said court, during such suspension, or un- der the charge and supervision of the probation officer of the county in which such probationer is by the court permitted to reside. 2. If the judgment is to pay a fine, and that the defendant be imprisoned until it be paid, the court, judge, or justice, upon imposing sentence, may direct that the execution of the sen- tence of imprisonment be suspended for such period of time, not exceeding the maximum possible term of such sentence, and on such terms as it shall determine, and shall place the defendant on probation, under the charge and supervision of the probation officer during such suspension, to the end that he may be given the opportunity to pay the fine ; provided, however, that upon the payment of the fine being made, judgment shall be satisfied and the probation cease. 3. At any time during the probationary term of the person released on probation, in accordance with the provisions of this section, any probation officer may, without warrant, or other process, at any time until the final disposition of the case, re- arrest any person so placed in his care and bring him before the court, or the court may, in its discretion, issue a warrant for the rearrest of any such person and may thereupon revoke and terminate such probation, if the interest of justice so requires, and if the court, in its judgment, shall have reason to believe from the report of the probation officer, or otherwise, that the person so placed upon probation is violating the conditions of his probation, or engaging in criminal practices, or has become abandoned to improper associates, or a vicious life. Upon such revocation and termination, the court may, if the sentence has been suspended, pronounce judgment after the said suspension of the sentence for any time within the longest period for which the defendant might have been sentenced, but if the judgment has been pronounced and the execution thereof has been sus- pended, the court may revoke such suspension, whereupon the judgment shall be in full force and effect and the person shall be delivered over to the proper officer to serve his sentence. 4. The court shall have power at any time during the term Report and Manual for Probation Officers 227 of probation to revoke or modify its order of suspension, of im- position or execution of sentence. It may, at any time, when the ends of justice will be subserved thereby, and when the good con- duct and reform of the person so held on probation shall warrant it, terminate the period of probation and discharge the person so held, and in all cases, if the court has not seen fit to revoke the order of probation and impose sentence or pronounce judg- ment, the defendant shall, at the end of the term of probation, be by the court discharged. 5. Every defendant, who has fulfilled the conditions of his probation for the entire period thereof, or who shall have been discharged from probation prior to the termination of the period thereof, shall at any time prior to the expiration of the maximum period of punishment for the offense of which he has been con- victed, dating from said discharge from probation or said termi- nation of said period of probation, be permitted by the court to withdraw his plea of guilty and enter a plea of not guilty; or, if he has been convicted after a plea of not guilty, the court shall set aside the verdict of guilty; and in either case the court shall thereupon dismiss the accusation or information against such defendant, who shall thereafter be released from all penalties and disabilities resulting from the offense or crime of which he has been convicted. 6. The same probation officers and assistant probation of- ficers and deputy probation officers shall serve under this act as are appointed under the act known as the Juvenile Court Law, and entitled "An act concerning dependent and delinquent minor children, providing for their care, custody, and maintenance until twenty-one years of age; providing for their commitment to the \Yhittier State School and the Preston State School of Industry, and the manner of such commitment and release therefrom, estab- lishing a probation committee and probation officers to deal with such ^children, and fixing the salaries of probation officers: pro- viding for detention homes for said children; providing for the punishment of persons responsible for, or contributing to. the dependency or delinquency of children; and giving to the Su- perior Court jurisdiction of such offenses, and repealing incon- sistent acts," approved March 8, 1909. or under any laws amend- ing or superseding the same. 7. Such probation officers shall serve under this act when- ever required to do so by any court having original jurisdiction of criminal actions in this state. 8. At the time of the plea or verdict of guilty of any crime of any person over eighteen years of age, the probation officer Report and Manual for Probation Officers of the county of the jurisdiction of said crime shall, when so directed by the court, inquire into the antecedents, character, history, family environment, and offense of such person, and must report the same to the court, and file his report in writing in the records of said court. II is report shall contain his recommenda- tion for or against the release of such person on probation. If any such person shall be released on probation and committed to the care of the probation officer, such officer shall keep a com- plete and accurate record in suitable books or other form in writing, of the history of the case in court, and of the name of the probation officer, and his acts in connection with said case; also the age, sex, nativity, residence, education, habits of tem- perance, whether married or single, and the conduct, employ- ment, and occupation, and parents' occupation, and condition of such person so committed to his care during the term of such probation and the result of such probation. Such record of such probation officer shall be and constitute a part of the records of the court, and shall at all times be open to the inspection of the court, or of any person appointed by the court for that purpose, as well as of all magistrates, and the chief of police, or other head of the police, unless otherwise ordered by the court. Said books of record shall be furnished for the use of said probation officer or said county, and shall be paid for out of the county treasury. 9. The probation officer shall furnish to each person who has been released on probation, and committed to his care, a written statement of the terms and conditions of his probation, unless such statement has been furnished by the court, and shall report to the court, judge or justice, releasing such person upon probation, any violation or breach of the terms and conditions imposed by such court on the person placed in his care. 10. Such probation officer shall have, as to the person so committed to the care of said probation officer, the powers of a peace officer. Sec. 2. This act shall take effect immediately. The Theory of Probation In the Superior Court of the State of California, in and for the County of Los Angeles. People of the State of California, Plaintiff, vs. Ruby Casselman, Defendant. OPINION. The plan of probation is a new one to our law, having only been enforced since 1 ( X)3. \Yhilc this system of probation has already produced good results, and in time may produce grand results, it must be evident that the power of the court must be exercised with great care, and must not be used as a mere pardoning power. This is a wonderfully free country, and it is only through the criminal court that the state places its hand upon any man or woman and deprives them of liberty. This is the only form of deterrent to crime recognized by the law, and if it should become generally understood that probation could readily and easily be obtained for offenses, it might start many men on a wild career of crime who are now deterred by the wholesome fear of punishment. The court is not justified in considering solely the position and possible benefit to the defendant. If this were the case all defendants would be placed on probation. Xor is the court justified in considering as the sole question before it the refor- mation of the defendant. \Yhile this is a result highly to be desired, and important to the state as well as to the individual, this fact cannot alone be considered. Indeed, as is evident in this case alone, the problem of pro- bation is one of the most difficult with which a judge can be confronted. Xo man can see punishment for sin without sym- pathy for the sufferer, and a desire to alleviate the suffering. This desire on the part of well-meaning' persons very often leads them to assist the defendant by means not always justifiable, but where witli this sympathy also comes an obligation to do entire justice to both the defendant and the people, the great respon- sibility is one difficult of correct fulfillment. In the case at bar if we were to consider the defendant alone and determine solely with reference to her own retorma- tion, it is almost conclusive of the question on probation that notwithstanding 1 the fact the leniencv of the court has once been 230 Report and Manual for Probation Officers extended to her, and for more than two years she has been in contact with and under the supervision of probation officers, she plans and carries out a number of daring forgeries. This fact alone would seem to indicate that probation with her is not a success. It seems self-evident that in this case the defendant will not be reformed and the public will not be protected by probation in any of its forms. If in this case a system of pro- bation could be devised by which the defendant would be re- strained of her liberty during the period of probation, and thus she would be prevented from wrong-doing, and the public would be protected from her wrong-doing, such a plan might meet the approval of the court. In connection with the application for probation one fact counts for the defendant in one sense and against her in another, namely : that so far as the evidence shows her companions and friends have all been respectable, upright, law-abiding citizens. She has been an attendant at church and the Christian Endeavor Society. This fact counts in her favor as tending to show good character, but on the other hand it counts against her in this regard : that if her associates had heretofore been evil and they could be changed, the very fact of the change in surroundings and environment might help her to a complete reformation. But having sinned against the light renders the question of her re- formation much more difficult. Indeed, there seems to be nothing suggested to be done for her that has not already been done. She has apparently been surrounded through her troubles by loving, affectionate and believing friends. Some of these are now ready to take upon themselves the responsibility of her maintenance and care, notwithstanding her weak physical condition. If we take the other horn of the dilemma, and assume that the statement made by the defendant in her application for probation is true, namely: that these skillful forgeries have been perpetrated without any knowledge on her part of the trans- action, and that she has now neither recollection of the act nor consciousness of guilt, it is almost self-evident that it would be impossible to release the defendant from custody, and that she should be restrained from her liberty until such time as her mind is restored to its normal condition. Probation being in this case out of the question as a pos- sible solution of the situation, the application of the defendant must be denied, and it only remains for the court to pronounce judgment upon the defendant in accordance with the law fixing the punishment for the crime she has been found guilty of. CURTIS D. WILBUR, Judge. What Two Degenerates Cost Los Angeles A constant stream of wrecked and ruined humanity pours through the police courts and jails of a great city, and scarcely anyone, except those whose work brings them in direct contact with these institutions, gives thought to the direful significance or the underlying causes of this condition. Occasionally, how- ever, some one of these creatures ventures a crime of such mag- nitude and importance that the attention of the public is directed to him and, for a moment, to his class. Two cases in point are of Huck, the murderer, and IJrain. the incendiary, whose wretched personalities have been presented to the horrified gaze of the public by the newspapers recently. The first named shoots down an innocent, kind-hearted woman without the shadow of a cause, the wife of a wealthy and highly esteemed citizen. The other sets fire to a number of buildings, with a loss to the city of at least $100,000. A valuable life and a large amount of property sacrificed by two miserable beings who were utterly worthless to themselves and to the community. These men serve as a striking illustration of the delinquent and his relation to society. They differ only in degree from each of the thousand tramps, drunks and bad characters that are ar- rested and thrown into jail every six months in this city. The loss that society suffers through the existence of these beings can be figured on the money side into millions of dollars, but on the side of human suffering and sorrow aggregate a volume of woe that cannot be expressed in language. The civilized world is just at the threshold of a deeper and more complete realization of the responsibility of society lor the existence of these delinquents and of the price it pays for their existence. The spirit of angry revenge that has existed for so many centuries and the fatalistic sentiment that these condi- tions are inevitable and that no one is to blame for them, are in turn giving way to a belief that society is to blame and that it holds the means of remedy in its own hands. Children's play- grounds, factory legislation, child labor legislation, compul- sory education, better housing conditions, vacation schools. fresh air movements these are the things that strike at the very root, of the trouble, and in the course ot one or two generations, will make the world materially better. It every child born into the world could be sure of light and air and exer- cise, cleanliness, sufficient food, education, amusement and decent surroundings, there would be almost no delinquents; and it the few that came into existence were justly and kindly but tirmly dealt with, there would be hope for their reformation. Los Angeles Municipal League. PROBATION OR JAIL? In jail or prison a man is associated with tramps and vic- ious criminals. On probation he is under the influence of a helpful friend. In jail a man is disgraced and becomes known as a jail-bird. On probation he is spared the brand of imprisonment. In jail a man is discouraged and embittered against so- ciety. On probation he is encouraged to improve his habits, and is led to appreciate the probation officer's friendship and aid. In jail a man is supported almost entirely, or entirely, at public expense. On probation he is made to work and is wholly self-supporting. In jail a man can not support his family, who in consequence may suffer. On probation he is required to provide for his family. After leaving jail a man finds it difficult to obtain and to keep employment. When discharged from probation he is al- ready employed and the same employment continues. After leaving jail a man will likely again indulge in mis- conduct and be again arrested and imprisoned. When dis- charged from probation he will likely remain a law-abiding citizen. Which is better? Juvenile Court Record. JUDGE FRANK R. WILLIS Presiding in Department 11 of the Superior Court in Los Angeles County, to which department one-half of all criminal caires are assigned. (Now Presiding Judge) Some Results of Adult Probation By Judge Frank R. Willis* The statute of California, commonly known as the Probation Law, which gives to the Superior Court the power to suspend proceedings in a criminal case prior to sentence, or to suspend the execution of a judgment after the same has been pronounced has been in force for a sufficient length of time to show to a certain extent its efficiency by the results of the same. It is an innovation which marks a step forward in the eco- nomic and humane treatment of criminals. Theoretically, it is endorsed and commended by the leading criminologists of the United States and of almost every foreign country. Practically, it is endorsed by the judiciary and legislatures of more than one-half the states, and as experience guides the judiciary in administering a law, it must, if we judge by past experience, be- come more and more efficient. My observations of the workings of this law has extended over several years, and has brought me to the conclusion that laws enacted for the purpose of allowing defendants to regain their reputation and standing in society without the interven- tion of a term in state's prison, are proven highly beneficial, both to the general public and to the criminal. The object of im- prisoning criminals is primarily to protect society, but this pro- tection is best secured by the reformation of the criminal. I use the word criminal, of course, in its ordinary acceptation ; that is, as representing a person, who, for some breach of the law, has found himself under the judgment of a proper court. Until recent years it was the rule that whenever a defendant had been found guilty of certain acts prohibited by statute, that he should be confined in a jail or state prison for a length of time dependent upon the judgment of the court in which the con- viction was had, subject, of course, to the term limit provided by the legislature. This judgment was more or less severe, ac- cording to the education and experience of the judge and sub- ject largely to the public excitement resultant upon the com- mission of the offense. In recent years, however, there has been a great change of sentiment in regard to the manner of protect- ing society from criminal acts, and it is now conceded by soci- *Notc. Judge Frank R. Willis sits in Department 11 an.l tries criminal cases. 234 Report and Manual for Probation Officers ologists that the best interests of society are subserved by re- forming the criminal instead of removing him for a longer or shorter period from his family, friends and business interests. For this reason probation laws have been enacted in California and in many other states giving the courts power, in proper cases, to suspend proceedings or judgment for a sufficient length of time to enable the court to determine whether or not, under proper environments and supervision the convicted person may become a respected and useful citizen. The conditions usually imposed by the court are that the defendant shall continue to reside within the county or state; that he procure and constantly follow a legitimate and remunerative employment; that he re- frain from the use of drugs, narcotics and intoxicating liquors; that he do not frequent pool rooms, saloons, cafes where intox- icating liquors are sold ; that he avoid the company of idle, lewd or dissolute people ; with special provisions that he put a cer- tain percentage of his earnings in the savings bank, pay his wages to the probation officer for the better support of the de- fendant's family ; that young and uneducated criminals attend day or night school or apprentice themselves to some useful trade or occupation, or any other special condition which sug- gests itself to the court. A faithful adherence to these provisions for the length of time fixed by the court entitles, and justly so, the defendant to have his plea of guilty or judgment of conviction set aside and enables him to go forth into life without the stigma of the conviction attached to his name. In practice I have, in addition to placing the defendant under the supervision of the county probation officer, desig- nated some reputable and responsible friend of the defendant special probation officer, whose duty it is to see that the defend- ant secures employment before being released from custody; that he thereafter sees that defendant is kept constantly employed and faithfully observes the conditions of his probation. In many cases I require from the probationer at least once a week a writ- ten report showing his place of employment, amount of wages earned and itemized list of expenditures, together with a state- ment of where the defendant spends his evenings, holidays and unemployed time, which written statements, when necessary, I turn over to the probation officer for verification. In this county with over 300 adult offenders placed on pro- bation within the last three years, less than ten per cent have been returned to the court for a violation of the conditions im- posed upon them. \\ e now have about 300 adult probationers Report and Manual for Probation Officers 235 earning on an average $15.00 per week, making a total of about $4500.00 per week, or $180,000 a year. This money is used for the support of the probationers and their families, saves to the state three hundred citizens who otherwise might be turned into hardened criminals, cares for dependent families and relatives, and saves to the state at least $75,000 per year, which is a low estimate of expense of committing and caring for that number of prisoners. The probation system saves the county and state thousands of dollars heretofore expended upon the trial of criminal cases, in which defendants now plead guilty, depending upon a previous good record and the promise of friends to pro- cure for them such assistance and environment as will aid them in their future reformation. Similar in principle to the probation system is the parole sys- tem by which persons incarcerated in the state's prison of this state are allowed to go out from prison under the supervision of the warden and state parole officers. The acts required of the defendant on parole are similar to those already described as being required of a person on probation, and so successful has been its operation that since the statute authorizing the same went into effect less than eleven per cent have been returned of account of violation of parole, and in my recent visit of the state prisons at Folsom and San Ouentin I found by talking with large numbers of prisoners that the right to apply for parole is their most valued privilege; that the system is highly recommended by the warden and .Board of Prison Commission- ers in this state. Through three year of experience on the criminal bench of this county, as well as by personal correspondence and conversation with the warden and prison commissioners in manv of the different states, I am satisfied that the adult probation system, as well as the parole system, is proving satisfactory: that in the near future they will become universal in every county and state. Individuals and society will be benefitted. From them will' result economy and decrease in the expense of our penal institutions, and neither individuals nor the public will have occasion to regret any steps taken developing and car- rying out the humane system which we have adopted. Our Father "Our Father" father of the nation's light ; Father of truth, of justice and of right ; Father of nature's and of nature's art Father of all and with a father's heart! "Who Art in Heaven" realm of peace and rest- Consoling hope of all the world's oppressed, Heaven, the haven of all prodigals Toward which all turn when folly's pleasure palls. "Hallowed Be Thy Name" Supreme of peers ! The one name reverenced through all the spheres! For all tongues common and above all fame The one eternal and immortal name ! "Thy Kingdom Come" (), haste the happy clay- When truth and justice shall hold boundless sway! And blinded ignorance be taught to see, And love assert its true supremacy. "Thy Will Be Done on Earth" All nations won! What yotilcl not earth be if Thy will were done; No war, no want, no paupers and no peers ! No greed nor selfishness, no jails nor tears! "Give Us This Day Our Daily Bread" Ah, me ! Most human guests of all the Master's plea! The cry insistent thru all ages "['read!" How fatherlike the good and bad are fed ! "Forgive Our Trespasses As We Forgive" All Christian precepts within this line do live! The crushing power of Him who kindly speaks. Transcends all punishment that error wreaks. "And Lead Us Not Into Temptation's Path" The Master well knew all Kve's aftermath ! "BUT DELIVER FROM ALL FA'IL THIXGS"- For every evil hath a thousand stings! "All Thine the Kingdom Is, the Glory, Power" Thy handiwork the universe the flower! The rushing planets round Thee ceaseless wend, "FOREVER AX1) FoKEYKR WITHOUT END." Wm. J. Danford. [This poem was written by a man no\v in the States Prison at San Quentin, and was read by him to the other prisoners at the Christmas festivities in the Los Angeles County Jail in 1910. and is published with his consent as a graphic illustration of the fact that all men convicts as well as others, are a singular mixture of good and bad.] D < cu H O ^ D Adult Probation in Los Angeles County By Judge Paul McCormick* In olden times the theory of retributive justice \vas based on "An eye for an eye, a life for a life," and organized society in dealing" with those of its members who had committed infrac- tions of its rules was concerned only with the sustaining of the majesty of the law by inflicting punishment upon all wrong- doers. The element of the offender, himself, was given very lit- tle, if any, thought in the means of dealing with him, and a breach of any of the rules of conduct which organized society had established for its members was always visited with pun- ishment, and, indeed, sometimes with torture. We read that petit larceny, even in the most enlightened nations of Europe was punishable with the death penalty not many centuries ago, and I have been told by pioneer lawyers of California, that petit thefts in our own state were visited with the same penalty at one epoch, but society in more modern times has become mind- ful of the fact that the offender, many times, is not entirely to blame for his crime, but that society itself is greatly responsible for the misdeeds of its members. While I firmly and honestly believe that there are. and al- ways have been habitual and confirmed criminals, innately and inherently so, and also that there are and always have been crimes so atrocious and flagrant as to merit nothing but the most severe penalty, I am also constrained to acknowledge that most of the criminal class, and many of the crimes, are caused by mal-education. lUit we are concerned with the causes, of crime only as they suggest remedies. Society has, therefore, in recent years awakened to a realization of the fact that while penal in- stitutions of all kinds have been taxed to their utmost capacities by unfortunates who have been committed there by the courts. crime has increased instead of diminished, and tin's condition led thinking men and students to believe that there must be some other system adopted which would have the e fleet ot bet- tering conditions of societv, of minimizing crime and o! de- creasing criminality. Among all of the methods suggested and means devised. T *Notc. Jud^e McComiick sits in Dop.-irtnu'in U and trios ,-:iminui cases. 238 Report and Manual for Probation Officers believe that none has been more cffieacious or beneficial than what is known as the probationary system for the treatment of adult offenders. It is a system for the treatment of crime which I believe is generally misunderstood. Many persons unfamiliar with it believe that it is simply a sentimental method whereby the criminal is absolved by a court and permitted to go scott free without conditions or restraint of any kind. If this were the case, the criticism often made of the probationary system would be well founded, for instead of being a powerful agency in the elimination of wrong doing and the betterment of social conditions, it would be an encouragement of crime and an in- vitation for criminal practices. But a careful study of this pro- bationary system as it has been applied even by the courts of record of our own county will indicate and demonstrate clearly the power for good that it has been since its adoption and ap- plication some seven years ago. In Department 12 of the Superior Court of this county, over which I have the honor to preside, there were placed on proba- tion during the year 1911 sixty-seven adult persons who were found guilty of felonies, and the records of that department will further disclose that only four of that number were reported to the court as having violated the terms of their probation and sent to prison. This, I believe, alone would justify the proba- tionary system for the treatment of adult offenders, for is it not better for the community itself, to say nothing of the defend- ant, that the offender has been able to re-establish himself as a useful member of society rather than be confined to state's prison and the community lose the probability of his reclamation, and he, himself, probably become either an habitual and confirmed criminal or emerge from the penitentiary so broken in spirit and blighted in ambition as to be of no further use to society. I have observed much opposition to the application of pro- bation in the treatment of crime from peace officers, and I be- lieve that much of their opposition is due to ignorance and to a failure on their part to appreciate that probation is most bene- ficial even to them in the performance of their duties in the pres- ervation of peace and in the enforcement of law in their respect- ive communities. An interview with any of the peace officers will disclose that they have much more trouble with the ex- convict class than they do with those who have been placed on probation for crimes, and yet many of them seem to fail to realize that the most efficient peace officer is the one who has the least lawlessness and crime in his community, and that the Report and Manual for Probation Officers 239 measure of the efficiency of any peace officer is not the number of persons whom he brings to justice. Probation, like punishment or any other method for the treatment of crime, applies only to guilty persons, that is, to those who have either been convicted after a trial or who. hav- ing been accused, have voluntarily entered a plea of guilty to a criminal charge. Probation in this state simply means that the court instead of pronouncing a judgment of imprisonment on the culprit, for good cause shown, after a thorough investiga- tion of the case suspends the pronouncement of judgment and places the accused upon his good behavior for a certain fixed and definite period, and upon certain conditions and specified terms. If at any time during the period of suspension the guilty person commits a violation of any of the conditions imposed or of the terms fixed or commits any further criminal offense against the laws of this state, he may be brought into court summarily and without any further legal procedure than a bench warrant of arrest, and the court which placed him on probation may revoke its order so doing, and commit him to prison for any term provided by law; on the other hand, if the probationer observes the conditions and terms imposed and does not violate any law during the period of suspension, the court has power at the expiration of the probationary period to revoke, annul and cancel all of the proceedings in the case, and also to obliterate the record of conviction against the offender. This by r.o stretch of imagination can be construed into an effort or disposition on the part of the court to experiment with crime or to encourage criminality, for criminals are not made in a day, but become such only after a course of misdeeds and wrong do- ing, and if proper surveillance is exercised over probationers and if they are required to report to the officers regularly and at short intervals there is little likelihood that they will commit a second serious crime while on probation. Of course, the invocation by courts of the probationary method for the treatment of offenders should never be dominated by pure sentiment, but rather the individual case must be care- fully studied in all its phases, and this remedy applied only when as a scientific and judicial fact it is determined that it will prove effective and beneficial to the community at large as well as to the defendant himself, for otherwise the system would actu- ally invite and encourage the commission of crime, instead of being a powerful agency and antidote against criminality and wickedness. I have said that probation should never be granted or ex- 240 Report and Manual for Probation Officers tended 1>y the courts for purely sentimental reasons and I would s^o further and state that its application by the courts should never be opposed by the community for the same reasons. A person may in a moment or period of thoughtlessness or weakness commit a serious crime, not one such as I have ad- verted to which on account of its enormity or atrocity neces- sarily called for speedy and condign punishment, but one where, on account of either incomplete and prejudiced report, or mone- tary and impulsive bitterness against the perpetrator, public sent ment has become so aroused as to demand as the price for the misdeed the infliction of prison sentence upon the accused. Would it not be better and more just in such a case to first ac- quaint ourselves with all the evidence which was produced in court, both for and against the accused, with all the circum- stances of the case as shown by that evidence, with his life's history, environment, temptations, advantages, physical abili- ties and opportunities, before opposing action by the court dis- posing of such case by probation. Remember that the people in creating courts by constitutions and laws have demanded that they determine causes upon the evidence presented therein, without fear or favor, heedless of public passion, emotion or sentiment, and with a desire to coolly, calmly, deliberately and fairly administer and dispense justice between man and man and sometimes even between man and the people who are prose- cuting him in an effort to deprive him of his liberty. * Remember also that the people as well as the courts are human, and therefore subject to error, but that it is more prob- able, in the absence of incompetency, dishonesty or partiality, that the disposition of a case by a court is more nearly accurate and just than the momentary demands of the populace often- times impulsively formed and frequently without any true knowl- edge of the facts or circumstances of the case. I close by narrating an incident which occurred about a year ago. A young man of about twenty-one, of good anteced- ents, had so forgotten himself as to embezzle a sum of money in excess of live thousand dollars from his employer. He was finally caught in this peculation and confessed. On investiga- tion it was found that his misappropriation had covered a period of considerable time, thus aggravating the dishonesty. He was arrested and prosecuted for the crime, and after entering a plea of guilt}', made application for probation. There was much op- position tit him. and in fact public sentiment was very much aroused. After hearing the application for probation it was shown by the evidence that he had become a victim of disso- Report and Manual for Probation Officers 2H lute associates and had dissipated the money in high living, and, in a word, there were so many circumstances in mitigation shown by the evidence that the cqurt pronounced its judgment thus: "The judgment and sentence in this case is suspended for a period of five years from this date, and you, the defendant, are placed on probation for that time under the supervision of the probation officer of this county under the following conditions: You shall stay home at night ; you shall remain within the county; you shall not visit pool rooms, nor frequent cafes or places where intoxicating liquors are dispensed ; you shall re- frain from the use of intoxicants or narcotics, and you shrill go to work immediately at some lawful employment and keep at it until you have paid back every dollar you stole violate these terms and you go to prison." At the time, the action of the court provoked some criti- cism, since it has been characterized not only as a novel but also as one of the most remarkable and efficacious ever pro- nounced upon an offender. It has been heralded by the press of this county and commented on with general approval, and al- though its period has not yet expired, the recipient of it has so far vindicated and attested its wisdom by an exemplary life of honesty and usefulness. If this course continues, and there is every reason to be- lieve it will, is not the community bettered and society in general enriched? Such is a result of our probation svstem, which, in my judg- ment, has done more in the few years of its existence to reclaim the criminally inclined, and to reform criminality than all the prison sentences that have ever been imposed. "To be true, through and through, is real success." "God's in his heaven, all's right with the world." Margaret Marsh-Parker. "To gain an object by suggestion is always better than to gain it by force." A. C. Dodds. "The highest type of goodness is that which the service of the community all that a man i; Rauschbusch. "\\ hat you can do, or dream v<>u can. begin it : Boldness has genius, power and magic in it." Goethe. 242 Report and Manual for Probation Officers Hints By Probation Officers To be connected even for a couple of years with the great modern movement toward child justice what does it mean, what impression does it leave? So to deal with the abnormal child that he become to a degree normal, so to guide the headstrong, lawless boy that he choose to be a law-keeper, so to brace the weak will that it become backbone, so to love the wayward girl that she grow into self-respecting womanhood ; to plant in either boy or girl a wish for strong, true manhood or womanhood, and then to hold them to the best there is in them this is a little of what it is to be a successful probation officer. And the attempt to do even a little of this in the few minutes one may have with each child inspires one peculiarly with a sense of the high calling of parent, teacher, and community, upon whom rests the primary responsibility of keeping the normal child normal. MISS LOUISE BARBER. From close observation and study of the girl work in con- nection with the juvenile court, we are brought face to face with this fact, that, although there are only about one-twelfth as many delinquent girls as boys brought into the juvenile court of Los Angeles County, the charge against the girls in almost every instance involves a loss of chastity. The causes which contribute to this condition are practically the same here as they are in other cities of this size economic conditions largely, but in addi- tion, we, in Southern California, have to combat with our beau- tiful climate and the beckoning beach resorts. These all tend to destroy the home life and when the the Sundays are spent at the beaches, all religious and moral training is thrown to the winds. MISS O. J. SHONTZ. The work of a probation officer is not limited by time nor space. Results which may appear on the surface are not neces- sarily the criterion of such efforts. The heavier balance is the unconscious influence which comes from the continual effort to instill in young minds and hearts, right motives and noble thoughts. Who will say that because a child makes one misstep or falls a second time that good is altogether lacking? Persistency is the virtue that wins in the face of all odds. EDWARD SOLOMON. The Cost of Sin By Judge Curtis D. Wilbur Judge of the Juvenile Court in Los Angeles County* An after-dinner address delivered by Judge Curtis D. Wil- bur at a banquet given to Dr. J. Wilbur Chapman and his corps of evangelists by the Greater Finance Committee who had un- dertaken to finance the expenses of the services conducted by them. "Mr. Toastmaster, Gentlemen of the Greater Finance Com- mittee, and Friends : A few days ago there stood before me a sweet faced girl of fifteen. There was nothing in her face or in her demeanor to indicate any waywardness or impurity. She was charged with no crime, but with being a dependent child. She had depended, from the time she was five years of age, upon a man that she had learned to know and call father, the husband of her mother. Taking advantage of that sacred relation, this man had become criminally intimate with his stepdaughter, and not satisfied with himself debauching her, had brought her to the city of Los Angeles, had hired a room, and was bringing men to her room. A few days before, in another department of the court, for this offense the stepfather had been sent to the penitentiary to serve a term of fifteen years. The child had been brought before me in the hope that her downward steps might be arrested, and she became a charge upon the charity of the public. Let us hope that she may be saved to be a helpful mem- ber of society. Her mother is living, penniless, in a tent in the outskirts of a nearby city with three small children dependent upon her, and all will in all probability become to a greater or less extent a public charge. There are today in the state penitentiaries and the two state reformatories 2802 prisoners whose maintenance for one year only costs the state of California $760,000. A fe\v days ago there sat opposite me at the table a young man thirty-six years old, by his side a sweet-faced wile and a lovely five-year-old girl, the man charged by his wile with in- sanity. Without going into the details of the evidence, it may be said that the man was a drug clerk, a graduate of a pharma- *Notc. At the request of the Probation Commit tor and the Juvenile Improvement Association this address was printed for distribution to the legislature in connection with Senate I'ill \o. _M, which was subse- quently passed as the Juvenile Court Law of 1 ( M>7. 244 Report and Manual for Probation Officers ceutical college, and had been employed in a local drug store. One of the first indications of his mental derangement was the fact that he had put up a prescription in which he had incor- porated a deadly poison, but had in his confused condition read drams for grains. Happily his work was reviewed by another employe in the store, and no harm had been done. He had committed a crime, grand larceny, but his insanity had become so apparent that he was not prosecuted, but was brought before the lunacy commission. After listening to the evidence, includ- ing the history of the case, one of the physicians whispered his diagnosis, "syphilitic insanity" a hopeless death for the hus- band, a sorrowing and hopeless life for the wife, and what a heritage for that sweet-faced baby daughter! I do not wish to be understood as saying that all insanity is the result of sin or of crime. I cannot in the brief time allotted to me enter into an analysis of the situation. You must draw your own conclu- sions. But there are today in the insane asylums and the home for feeble minded in the State of California 6162 patients, whose maintenance costs the State of California $1,992,910 annually. For the support of orphans and' half orphans, the State of California is paying $502,862 annually. How much of this lat- ter amount can be traced to sin in one form or another I do not know; but I do know that there is one institution in this city in which there are fifty illegitimate children, scarcely one of them over five years of age, which are carried in the accounts of the state as half orphans. The City and County. The total expenses for the items above indicated to the State of California as the state government, are $3,255,772.55. The taxable property of the county of Los Angeles is almost one- seventh of the entire taxable property of the state, and the pro rata of expense to the county of Los Angeles of the foregoing items is $465,110.36. In addition to this, as appears from the auditor's report of the county of Los Angeles, the county pays $128,564.41 for public charities; $20,430.68 expense of mainte- nance of \Yhittier and Preston inmates sent from this county to those state institutions; $19,863.72, the expense of maintenance of jail: making a total of $169.150.81. If we add the expense of maintaining the sheriff's office, it brings the total up to $190,- 341.64. If to that we add the pro rata of the state expenses al- ready referred to. we find that the county of Los Angeles is ex- pending annually for the purpose indicated $655,452. Los An- geles city contains about 58.2 per cent of the taxable property Report and Manual for Probation Officers 245 within the county of Los Angeles, and the pro rata of the county expense paid by the city of Los Angeles is $381.473. Los An- geles city in addition to this pro rata expends $192,167.79 for the maintenance of its police force; $3,527.68 for the maintenance of the receiving hospital; $650.00 for maintenance of free labor bureau ; $4,030.87 charity ; $6,234.70 for maintenance of jail ; mak- ing a total of $206,620.08 for these expenses. This, added to the pro rata of state and county expense, makes the total amount payable by the city $588,093.14. It will be observed that in this computation many elements of expense have not been included. The expense of maintenance of the judicial system of the state has not been touched upon, including as it does the salaries of judges, clerks, jurors, witnesses, and while the figures them- selves are taken from authentic sources, i. e., the statute making the appropriations for state institutions, the message of the gov- ernor, the reports of the county and city auditors, it is not thought that they are absolutely accurate. The capital of one Los Angeles bank pays $5,000 per month tax to maintain prisons, insane asylums, etc. We are so used to talking about billion-dollar congress and an expenditure of vast sums of money by the national govern- ment that we may not properly appreciate what it means for the city of Los Angeles to pay the sum of $588,093.14 annually for the purposes indicated. The property valuation for the city of Los Angeles at the time of this last assessment was $117,363,605. Hence it follows that the sum indicated requires a tax levy of fifty cents on each one hundred dollars upon the assessed valua- tion of the property in the city. To bring this a little nearer home, it means that if the Nadeau Hotel is assessed for $300.000 the owner of that hotel pays $1500 annually for the purposes in- dicated, or $125 per month. This burden upon that piece of real estate is equivalent to the interest upon a mortgage bearing four per cent gross of $37,500. Another illustration : It is advertised that the Security Savings Hank of this city has assets amounting to $12,000,000. The tax upon this sum (though of course not all paid by the bank) at fifty cents on each one hundred dollars amounts to $60,000 a year, or five thousand dollars a month. To pay this interest would require an investment ot one and a quarter million. dollars bearing four per cent net. The Nation. While I have neither had time to investigate nor have 1 time now to state had 1 investigated the cost of MII to the national government, I do wish to call your attention to one item oi ex- 248 Report and Manual for Probation Officers see the day when, with ten times the population we now have, we will have only half the number of convicts and insane. Adult Probation. The probation officers, too, must look after adult probation- ers. We have about 200 adults now on probation in Los An- geles county. What would they cost the state if in the state's prison? About $6000 per mouth! Approximate. These estimates are approximate, but make it clear, it seems to me, that we must take a long step forward along lines already so successfully in operation. CURTIS D. WILBUR. Los Angeles, January 21, 1909. JUVENILE COURT, LOS ANGELES COUNTY Report from May, 1903, to December, 1908: New cases Boys 1021 New cases Girls . 238 Total 1259 Boys. On probation at home 405 On probation in institutions 25 Sent to Whittier 175 Sent to lone 15 Cases dismissed 173 Left the jurisdiction of court 133 Sent to friends 65 Sent to George Junior Republic 14 Sent to Watsonville 5 Golden Gate Orphanage 1 Deceased . . 10 1021 Voluntary probation 56 Police Court cases (2 years only '07-'08) 126 On Probation. Total number on probation I>oys 612 Total number on probation Girls 124 Grand Total . . 736 Report and Manual for Probation Officers 249 Girls. On probation at home ., 84 On probation in institutions 22 Cases dismissed 62 Sent to Whittier 31 Sent to friends 15 Sent to Golden Gate Orphanage 2 Sent to Glenn Ellen Left the jurisdiction of Court 16 Deceased . 238 Voluntary probation 18 Total number on probation Girls 124 Ages. 4 months 1 5 " 1 1 year 8 2 years 6 3 " 8 4 " 8 5 " 8 6 " 18 7 " lf> 8 " 36 9 " 48 10 " ( >8 11 " 110 12 " 124 13 " 170 660 14 " 227 15 " 220 447 16 " 105 17 " 47 152 125 ( ' 250 Report and Manual for Probation Officers REPORT FOR YEAR 1904 Juvenile Court, Los Angeles County. First Quarter. Boys On parole 24 Sent to Wliiltier 7 Returned to friends 6 Dismissed 1 3cS Girls On parole 3 Sent to Whittier . 4 7 45 Second Quarter. Boys On parole 37 Sent to Whittier 4 Returned to home 8 Dismissed . . 5 54 Girls On parole 3 Sent to Whittier Returned to home 1 Dismissed 1 5 Third Quarter to Sept. 16th. Boys On parole 40 Sent to Whittier 1 Dismissed .... 41 Girls On parole 5 Sent to Whittier Dismissed 5 10 51 Fourth Quarter. Boys ( )n parole 4r> Sent to Whittier 4 Returned to home 3 Dismissed 1 53 Report and Manual for Probation Officers 2ol Girls On parole 7 Sent to Whitier Returned home . 9 62 Total number of children arraigned 216 Number of hearings additional 584 800 Offenses Charged. Burglary 30 Larceny 55 Rape 7 Incorrigible 62 Tramps 19 Dependent 27 Truant 8 Arson 8 216 Parental Condition. Both parents living 86 Mother living 42 Father living 32 Full orphans 28 Parents separated 28 216 Ages of Children. Years No. 4 1 6 6 7 3 8 2 9 8 10 11 11 13 12 28 13 26 14 40 15 65 16 ( ) 17 4 2H> Recapitulation. Total number of cases in 1904. . . 21f> Boys 185 Girls ... 31 21( 252 Report and Manual for Probation Officers Paroled ]>oys 146 Girls 21 Sent to Whittier Boys 16 Girls 5 Returned to homes 15 Dismissed 13 216 Respectfully submitted, A. C. DODDS, Chief Probation Officer. FOR REPORT OF 1905 SEE PAGE 128 ANNUAL REPORT OF JUVENILE COURT, 1908. New Cases 240 Hoys 182 Girls 58 New Cases 240 Old Cases on New Charges 185 Continued Cases 236 Special ( )rders 271 Personal Reports to Court 151 Total Cases Presented 1083 Dependent Cases 123 Delinquent Cases 117 240 Total No. T Tomes Found 117 Voluntary Probation 62 " Police Court Probation 108 " HOYS and Girls Probation at home. . . .602 Grand Total on Probation 772 BOYS. Disposition of Cases. 1908 Previous Total Year Whittier 7 22 29 lone 2 2 4 McKinley I Ionic 1 Mrs. Strickland 7 5 12 Newsboys' I lome 3 2 5 George Jr. Republic 4 10 14 Report and Manual for Probation Officers Mrs. Linton 5 4 9 Watsonville 3 St. Catherine's School 1 Guardian Angel 1 1 Sent to Friends 5 No Hearing 3 Golden Gate Orphanage 1 Dismissed 12 Probation at Home . . 125 182 Homes Found 16 27 43 Total on Probation 173 330 503 Voluntary Probation 44 Police Court 108 Total on Probation 655 GIRLS. Disposition of Cases. 1908 Previous Total Year \Yhittier 5 10 L. A. Orphans' Home 1 Guardian Angel 1 Ransome Home 3 Children's Home Society... 1 Truelove Home 2 Door of Hope 6 Pisgah Rescue Home 5 Good Shepherd 3 Golden Gate Orphanage .... 1 Dismissed 6 Sent to Friends 2 Xo Hearing 2 Probation at Home 20 58 I lomes Found 27 Total on Probation 53 Voluntary Probation 18 Total on Probation 117 254 Report and Manual for Probation Officers PARENTAL CONDITIONS. Both Parents living 102 Mother Immoral 9 Mother dead 30 Desertions 12 Father dead 28 Depravity 7 Full Orphans 6 Drinkers 9 Parents Separated 20 Father ex-convict 1 divorced 12 convict 1 Mother re-married 23 Mother insane 2 Father 12 Parents unknown 6 Illegitimate 1 240 OFFENSES 1908. Incorrigibility 72 Robbery 1 Misdemeanors 67 Indecent conduct 2 Dependents 50 At son 2 Burglary 55 Battery 2 Truancy 12 Forgery 1 Violation of Parole 17 Embezzlement 1 Grand Larceny 9 Vagrancy 12 303 IN COURT ON 1 charge 193 4 charges 3 2 charges 34 3 charges 10 240 AGES. 5 Mos 1 10 " 22 1 Year 3 11 " 28 2 Years 2 12 " 24 3 " 13 " 20 4 " 1 14 " 44 5 " 2 15 " 45 6 " 4 16 " 15 7 " 2 17 " 15 8 " 4 9 Years 8 240 REPORTS. By mail 32 To special Probation ( )fficers 42 Excused from reports on good conduct 73 All others report in person or by visits of Probation Officers. Report and Manual for Probation Officers 255 MEDICAL REPORT. 1908 Old Cases Medical Examinations 167 48 Operations 34 18 Total Medical Examinations 215 Operations 52 REPORT OF JUVENILE COURT OF LOS ANGELES COUNTY. From Jan nary 1st, 1909, to July 1st, 1909. New Cases : Roys 210 Girls . 87 Total 297 Boys Girls Total Dependent Cases 59 85 144 Delinquent Cases 151 2 153 210 87 297 New Cases 297 Old Cases on New Charges 125 Continued Cases 170 Personal Reports to Court 106 Special Orders 249 Total Cases Presented 947 DISPOSITION OF CASES GIRLS. Whittier State School 4 Pisgah Ark 3 Truelove Home 7 Door of Hope 4 George Junior Republic 1 Sent to Friends 4 Italians Sisters' Home 2 Sacred Heart School 2 Guardian Angel Home 4 Children's Home Society 1 I Joys' and Girls' Aid Society 2 Convent of the Good Shepherd 1 Dismissed 3 Probation at Home 49 87 250 Report and Manual for Probation Officers DISPOSITION OF CASES BOYS. Whittier 8 lone 2 Mrs. Strickland's 4 George Junior Republic 5 Watsonville 3 Sent to Friends 2 1 )ismisscd 11 Parental School 12 Newsboys' Home 1 Guardian Angel 2 Probation at Home.. .160 210 OFFENSES. Incorrigibility 59 Misdemeanor 72 Dependent 75 Burglary 57 Truancy 10 Grand Larceny 8 Vagrancy 1 Robbery 3 Indecent Conduct 1 Seduction I'nder Promise of Marriage 1 Assault 5 Forgery 4 Rape 11 Cruelty 1 Violation of I 'arole 1 Tobacco Habit ,1 310 In court on 1 Charge 285 2 Charges 11 3 Charges 1 297 Report and Manual for Probation Officers 257 AGES. Boys. Girls. 1 Year 2 1 Year 2 2 Years 2 Years 2 3 " 4 3 " . 4 " 2 4 " . 1 5 " 5 " 6 6 " 5 6 " 7 " 4 7 " 8 " 5 8 " 5 9 " 5 9 " 3 10 " 7 10 " 3 11 " 7 11 " 4 12 " 20 12 " 7 13 " 16 13 " 7 14 " 31 14 " 12 15 " 3Q 15 " 5 16 " 36 16 " 17 17 " 33 17 " 12 18 " ,3 18 " . .1 210 87 "Do not wait for extraordinary circumstances to do good ; try to use ordinary situations." Richtcr. "Every heart that has beat strong and cheerfully has left a hopeful impulse behind it in the world, and bettered the tra- dition of mankind."' R. L. S. "The ill-timed truth we might have kept Who knows how sharp it pierced and stung The word we had not sense to say Who knows how grandly it had rung!" Edward Rowland Sill. Wanted, a man who is larger than his calling, who considers it a low estimate of his occupation to value it merely as a means of getting a living." O. S. Harden. "Responsibility gravitates to the man who knows how." No star is ever lost we once have seen. We always may be what we might have been." "Words unspoken fall back dead. But God Himself cannot kill them When they're said." laneta E. llolgale. 258 Report and Manual for Probation Officers A CORRECT NEWSPAPER REPORT Concerning the Probation Work Under A. C. Dodds on Dec. 1, 1910: He has had under his supervision 2508 juvenile probationers and nearly 700 adults. At the present time he is keeping watch of 154 adults who have been released on probation in the various departments of the superior courts after the acknowledgment of serious offenses. His present list of juveniles includes 713 boys and 202 girls, about 600 of the number being active probationers, and the others, while technically wards of the court during their minority, have because of good conduct been relieved of the necessity of making reports to the probation officers. TOOK CHARGE DEC. 1, 1903 Captain Dodds took charge of the probation work here De- cember 1, 1903, after five years' experience in the same line in Chicago. At that time his duties were confined to juveniles, there being no provision in law then for the supervision of adult probationers by a regular officer. Special probation officers were usually appointed then in each adult case, a friend of the person released on probation generally being placed in charge of the delinquent. The system was unsatisfactory and in 1905, through the in- strumentality of Judge 'Wilbur of the juvenile court, the state probation law was amended so as to give the charge of adult probationers into the hands of the county probation officer. From that time Captain Dodds took juvenile and adult branches of the work, which has multiplied in volume several times in the past five years. FIRM BELIEVER IN SYSTEM. The greatest number of adult probationers under his care was a year ago, when he reported 189, about 35 more than at the present time. Some of those still under his supervision were released on probation as long ago as when the late Judge Smith presided over the criminal court. Captain Dodds is a firm believer in the value of the proba- tion system to make good citizens out of wayward men. His records show that of the more than 600 released on pro- bation in five years past less than 15 per cent have failed to take Report and Manual for Probation Officers 259 advantage of the clemency extended them. About X per cent have violated the terms of their parole and have been haled back in court to be sent to prison. About an equal number have "skipped the country" at the first favorable opportunity after their release on probation. Some of these have been captured in different places and returned for sentence. STICKS AFTER SIX MONTHS "If a man is going to ^ a ^ down while on probation he will do it in the first six months, usually," said Captain Dodds today. "If he lasts past that time he generally sticks. Jt is my observa- tion that a probationer who fails when he is given his first chance will fail if he is given a second or third opportunity. "Of the men who skip out the greatest number are those who are classed as 'floaters,' who drift into town and commit some slight crime and who have no fixed place of abode to tie them down here. "When such are released on probation it fre- quently happens that they take the first opportunity to get out of the jurisdiction of the court. "\Yhere probation is extended with wise discrimination, such as has been used in our courts here, there is no question as to its value in making good citizens and allowing men to retain their self-respect, instead of subjecting them to the disgrace of a prison term." TURNS OUT GOOD CITIZENS. Making allowance for the backsliders, the probation system in five years in I,os Angeles count}' has been the means ol making good citizens out of about 500 men. The system of juvenile probation keeps the probationers under the care of the court during their minority. At first they are required to make reports weeklv. Gradually the time is ex- tended upon good behavior until the reports are dropped alto- gether, but the probationers are encouraged to keep in touch with the officers and report progress. In addition to the _ 7 .HK) children who have come under the care of the court in seven years there have been 500 voluntarv probationers, placed in care of the officers by parents, without the formal court proceeding. The probation work has grown to such an extent that six assistants are now required to care for all the details. I he Express. 260 Report and Manual for Probation Officers MEMORANDUM REPORT, DEC., 1911. Number of active probationers at the present time : Adult 225 Regular. 120 Failure to provide. 16 Police Court. 361 Total being looked after by probation officer. Number of active probationers at the present time, juvenile, 1,434. Total number of probationers, both adult and juveniles, being cared for, 1,795. Total number of adult cases dismissed, revoked, etc., 89. Total number of juvenile cases excused and dismissed during year, 237. Total number of new cases. Juvenile 1,021 Adult 142 Boys and Girls committed to the Whittier State School from Los Angeles County, Hon. Curtis I). Wilbur's Court. 5 Girls 8 " 2 5 6 10 " 8 5 " 3 " Girls Total No. Received.. 296 Boys 52 Girls March 9, 1912. To the Honorable Curtis D. Wilbur, Judge of the Juvenile Court, Los Angeles County, Cal. Dear Sir : I herewith hand you the data concerning the Detention Home and the Parental Home as requested: Children in the Detention Home from Jan. 1, 1911, to Jan. 1, 1912: Boys, 865; girls, 144; total. 1009. Total number of children in Detention Home School from Tan. 1, 1911 to Jan. 1, 1912: Hoys and girls, 481. Children in the Parental Home from Tan. 1, 1911 to Jan. 1, 1912, 91. Respectfully, HUGH C. GIBSON, Chief Probation Officer. 1903 22 Boys 1904 25 " 1905 36 " 1906 36 " 1907 35 " 1908 31 " 1909 55 " 1910 42 " 1911 14 " Report and Manual for Probation Officers 261 1912 COMPARATIVE ANNUAL EXPENSE FOR SALARIES CARING FOR JUVENILES AND ADULTS IN CUSTODY AND ON PROBATION. Total number of employees in Preston School of Industry, 65 number of inmates about 450. Total amount of money paid out in salaries yearly in Preston School of Industry, $53,430.00. Total number of employees in Whittier State Reform School, 62 number of inmates about 200. Total amount of money paid out in salaries in Whittier State Reform School, $51,840.00. Total number of employees in San Ouentin Prison, 109 about 1800 inmates. Total amount of money paid out in salaries in San Ouentin Prison, $105,660.00. Total number of employees in Folsom Prison, 93 about 1100 inmates. Total amount of money paid out in salaries in Folsom Prison, $88,040.00. Total number of probationers on probation, adult and juvenile, in Los Angeles County, 1795. Probation officers now 20 (previously 7) ; salaries, $23,100. JUVENILE HALL. (Dentention Home.) "The probation committee shall also have the control and management of the internal affairs of any detention home hereto- fore or hereafter established by the board of supervisors of their county; and it shall be the duty of the board of supervisors to provide for the payment of such employees as may be needed in the efficient management of such detention home." Sec 8. "Such detention home must not be in or connected with, any jail or prison, and shall be conducted in all respects as nearly like a home as possible and shall not be deemed to be or treated as a penal institution. Such legislative body must also provide for a suitable superintendent and matron to have charge ot such dentention home, and for such other employees as may be needed in the efficient management of such detention home, and provide for the payment, out of the general fund ot the count}', or city and county, of suitable salaries for such superintendent and matron, and such other employees, such superintendent, matron and other employees to be appointed by said legislative body, upon the nomination of the probation committee and approval 262 Report and Manual for Probation Officers of the judge of the juvenile court. The superintendent, matron or other employee for such detention home may, at any time, be removed by the probation committee in its discretion." Sec. 26. "Man is man's burden," was the conclusion of a philosopher of old, and to one engaged in juvenile court work, this seems correct. Every man is a burden who has caused darkness, or allowed it to continue to exist ; as well as that man who has sinned in consequence of darkness. Who is the more to blame is your question ; the juvenile court deals with the victim. At a cost of about $80,000.00 the County Board of Super- visors erected on Eastlake avenue a 110 room juvenile hall. The building itself is modern and up to date in every detail. Nine- teen of the 65 sleeping apartments to open upon a patio 135 feet by 97 feet in size. The staff is furnished with good offices and apartments in the front of the main building. Library, parlors, shower rooms, 4 school rooms, 4 dining rooms, kitchen and baths are provided ; while a plunge, nursery, hospital room, and a laun- dry, fully equipped, complete the building. Between 3 and 4 acres of ground surround the building, which will be used for a garden and an athletic field. We believe in keeping busy. The janitor and laundry work of the entire building is being done by the boys, while the cooking, mending and dish washing is in charge of the girls under the supervision of one experienced cook. The County Hospital joins this property, making it very convenient and easy to secure prompt and efficient medical aid. The school is entirely in charge of the City Board of Edu- cation, who plan that it shall meet the immediate needs of these boys and girls. A complete physical examination is given all who enter. From 9 to 12 the regular ungraded academic work is the order of the day. From 1 until 4 the pupils will be en- gaged in manual branches; gardening, sewing and cooking. The applied work will include cartooning, basket weaving, clay modeling, art leather and brass; all branches of the work shop, with one course in iron. The supervised athletics will occupy the hour from 5 to 6 while a continuation school will be in session from 7 to 8. All the branches of a good commercial course \vill be added a little later. Girls will have instruction in all branches of home economics. This efficient help on the part of the City Board of Education Report and Manual for Probation Officers 263 will enable almost every boy and girl to find his right and useful place in this city. At the close of the first week 47 boys and 5 girls were en- rolled. The highest attendance was 53 boys and 17 girls. With a genius for this sort of work and a good training in the past, the Superintendent and Matron, Mr. and Mrs. E. S. Eby, sec- onded by their assistants, Mr. and Mrs. Joseph Libby, are making Juvenile Hall not alone a home for the boys and girls, but a step- ping stone to a life of usefulness. We expect the charitable interpretation of our city news- papers as all, in a forgetfulness of his past shortcomings, try to find what each lad is good for. We ask the co-operation of a socialized police force one to whom the vision of the crime does not rise above the neglect and temptation of the boy; for he only can judge a crime who can first weigh a temptation. We bespeak the confidence of a broad and fair minded pub- lic in an earnest effort to help and cure the young. The Juvenile Hall, or detention home as it is called in the statute, is used for the temporary custody of all children tinder sixteen years of age, and of all girls (except in special cases) de- tained awaiting trial in the juvenile court. Tt is also used in special cases for older boys. Provision is made for the separation of the different classes dependent and delinquent. There is a special dormitory for babies and small children, and special din- ing room. Each child at the juvenile hall has a separate room. The aim in the case of each child is to find out all that can be ascertained that will aid in the final disposition of the case, to provide a temporary home for those awaiting a more permanent home, or to be transported to a distant place. To make every moment and every influence count for permanent good. To bring them in intimate contact with officers and attaches ot the high- est type of. manhood and womanhood, all to the end of finding and emphasizing all the good points in the child, and sending him on a new way with new determination for good. MRvS. J. TT. FUAXCIS. Chairman of Tuvenile Hall Committee. o o POO - C ^2 -2 c rt u -S o Ji .5 K-* ~ C '""" M-1 >> *- Pi O 03 812 O T-H ^H >-l 00 ON W- ON T i CO in T}- CM in IN. p vo co CO in IN. VO 'n rf CN) i rf CM CM in r i in in in in in uo in in in in in m in <& vn~ vo oo 00 in 10 m IN. o ^N IN. oc Tf i-I m in od vo ON r IN! vO ^ ' r ) ' IN. ON 00 00 IN. O fO m VO O ir - ^ CN - ON tx ro O O IN. 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O IN. in O O f ro v ^H TJ OOCOO, T-l|N.VCOCT-HlN,CNT-HOf vo vc 10 in in IT, in in in in ~f in v ^^ 5 O m O O O O m m m 10 o n CO ^ -^ > ON CO O IN. O) ^-c 00 VO ' ' OC OC t< I< 00 -^ V m vo O VC i I- i-< rgOCcooCTj-OCMtN.OOO VO VC O VO IN. 00 IN. IN. IN. 00 J^-M > y A.CXQ Report and Manual for Probation Officers 2<55 Probation Officers Personal Impressions To one who has a natural love for children, the dumb sub- mission of the homeless, fatherless, motherless, or abandoned little ones who pass from humane office to court, from court to probation office, from nurse to nurse, from "home" to institutions without a word of protest, but with such an appealing 1 look of question in their wistful little eyes stirs one's soul to its depths. MISS ELOISE FORMAN. In placing protection and provision about the helpless and needy, in providing instruction and correction for the wayward and heedless, in showing mercy and justice to those who have become transgressors of the law, the juvenile court work is worthy the co-operation and support of every worthy citizen. MRS. NORVEL. A man is no better than he wants to be. I find that there is little to be gained in struggling to force a boy into doing right, and best results are obtained in trying to create in him a desire for right living. lie needs constant en- couragement and sometimes a reprimand. l>e his friend not only in words but also in attitude and deeds. Visit the parents who too often need to be advised as well as the child. Help the father to make the boy his companion and treat him as such rather than his property or slave. Our failures in this work are many but one success is great enough reward for renewed and increased efforts. MR. J. II. LIB BY. "The hands that help are better than the lips that pray."- Mrs. Darling. "I am in the world not only to do all. the good I can, but to prevent all the evil I can." Wm. Knibb. "Remember that the reward which life holds out for work is not idleness, nor rest, nor immunity from work, but increased capacity, greater difficulties more work. K. Hubbard. "Not what we give, but what we share, For the gift without the giver is bare; Who gives himself with his alms feeds three. Himself, his hungering neighbor and Me." (ames Russell Lowell. IN THE SUPERIOR COURT OF THE STATE OF CALI- FORNIA, IN AND FOR THE COUNTY OF LOS ANGELES. Dept. 8. Curtis D. Wilbur, Judge. In the Matter of Nominating Probation Officers. Curtis D. Wilbur having been heretofore selected by the Judges of the Superior Court in and for said County of Los Angeles, State of California, as the Judge to hear cases under the law approved March 8, 1909, known as the Juvenile Court Law, and having heretofore appointed a Probation Committee composed of seven citizens, and Section 13 of said law provid- ing that said Judge shall appoint Probation Officers after the same shall have been nominated in such manner as the Judge of the Juvenile Court shall direct : It is hereby ordered that such nominations be made by said Probation Committee forthwith and be reported to said Judge and thereupon, if acceptable to him, said parties so nominated and recommended will be appointed. CURTIS D. WILBUR, Judge of the said Superior Court, Elected as Judge of the Juvenile Court of said County. Remember, when a boy who has previously been obedient and all right, becomes irritable, stubborn and mean there is always a physical reason. Remember a bov improves onlv by his self activity and his out of politics; that does not mean that it is safe or sane to saw greatest moral teacher is a good example. Does the Correction of Physical De- fects of Juvenile Criminals Improve Their Moral Conduct? A Preliminary Report of Some of the Medical Work Done in the Juvenile Court of Los Angeles County Report and Manual for Probation Officers 269 April 11, 1911. To Hon. Curtis D. Wilbur, Judge of the Juvenile Court. Dear Judge : You have asked me to write you relative to what has been done and what is to be done in the medical way in the Juvenile Court, and the importance of the same. A good deal of that which has already been done, you are familiar with, and know that we not only lead in the State, but with perhaps one exception, every city in the United States. Several hundred boys have been examined and a record made of each. In a large per cent of these, a defect either physical or functional has been found which no doubt has contributed to the delinquency. Recommendations have been made, and advice given the parents for the elimination of the trouble. Together with the physical examination we take in consideration family history, pre-natal influence, environment, previous illness, contagious diseases, injury, especially the head, stigmata of degeneration, vicious habits and other data which may have a bearing on the case. For one not familiar with the work, a good idea of at least part of our endeavor, may be obtained by reading the following articles which I have written ; (1) Does The Correction of Physical Defects of Juvenile Criminals Improve Their Moral Conduct? Read and discussed before the Southern California Medical Society in December and published January number of the Southern California Prac- titioner. (2) Does the Abnormal Condition of the Teeth Contribute to Juvenile Delinquency? Read and discussed before the LOS Angeles County Dental Society and published in the Pacific Dental Gazette of February. (3) The ATedical Side of Juvenile Court Work in Los An- geles County; Its Importance and Necessity. System in Other Places and the Ideal System for This State. Read and discussed before the California State League of Municipalities in joint session with State Health Officers' Conference at San Diego and published in the December number of the California State Hoard of Health Bulletin. What is to be done? Continue along the lines we have already begun, with advice to the court, parents and children with more correlated data. See that physical delects are cor- rected. This is nearly always followed by good results, especially 270 Report and Manual for Probation Officers when done before puberty. Special time should be set aside for this work and cases followed up. In Chicago there is a paid officer whose only duty is to see that each child receives the medi- cal attention advised. Parents should be instructed in person or by pamphlets concerning vicious habits, diet, perversion and causes of irritabil- ity in children. A course of employment should be mapped out which from a psychological point of view will tend to elimin- ate certain habits, develope new centers, build up the will and thus do away with abnormal tendencies. All delinquents who are poorly nourished, physically or mentally defective, cigarette or other fiends, sexual perverts and all border line cases should report direct to a physican who can examine and advise from time to time. The medical side of juvenile court work is fast becoming recognized as one of the most important phases of the Court work and each year more and more. Judges are investigating and later depending upon it. Remember we of Los Angeles County are pioneers in this work and have been and still are dealing with an unsolved problem, consequently our results are not perfect but let it be hoped that this court will always continue to be most progressive and at least hold her position near the lead if not in the very lead. Sincerely yours, JOHN A. COLLIVER. Remember age of puberty age of most profound psycholog- ical change in boys and most susceptible to good and bad in- fluence. Remember when instructing children to emphasize the truth, that the keystone of character is obedience to constituted author- ity. Success never attends any effort or enterprise where this elemen^ is lacking. Remember that in order to form the minds of children, the first thing to be done is to conquer the will; to inform the mind is a work of time, and must, with children, proceed by slow de- grees as they are able to bear it; but the subjecting of the will must be done at once, and the sooner the better. Does the Correction of Physical Defects of Juvenile Criminals Improve Their Moral Conduct? By John Adams Colliver, B.A., MD. Medical Probation Officer Read before the Southern California Medical Society, December 2, I t)O(j The original intention of this paper was to give a complete analysis of about nine hundred juvenile delinquents examined. As a matter of fact, such classification was made according to crime, nativity, parentage, home, mentality, environment, dif- ferent physical defects, including mal-nutrition, stigmata, per- verts, fiends, bad habits, etc. In addition to this, cross-classifi- cation of each of these was made as to age, crime, parentage, habits, etc. From these classifications many interesting and scientific facts were learned; but the above data were of such magnitude, and the time so limited, that it became apparent that a sub- division of the subject must be taken, instead of the whole thing. It is our object in the juvenile court work to do all the moral good we can, so an endeavor was made to choose a subdivision illustrating some phase of this work. It had been reported repeatedly, during the last five years, by the judge and probation officers, and it was generally assumed, that good results followed the correction of physical defects. There were no data to prove this, except that the boys were com- pelled to report \veekly, bi-weekly and monthly, as the case might be, and from these reports it was thought that a marked improvement followed many operations. Being thus stimulated by the opinion of those who should know, I was led to compare my work in detail with the court records of each boy. Up to the time this classification was made, it was known that the boys improved physically and sometimes mentally after operations, but as to the moral change, it was not clear, as there was no positive evidence. The results of this investigation demonstrated that nearly seventy per cent of the boys who received attention showed more or less marked moral improvement. Now, why was this? It could not be called a coincidence, nor a psychical effect. 272 Report and Manual for Probation Officers A classification of all the boys by age revealed the fact that over seventy per cent of them are just at puberty. At this age we have the period of most profound physiological changes, dor- mant instincts and emotions beginning to awake into life. The sexual passions are born. Every boy with, as a rule, no one to guide him, emerges into abnormal experiences which necessitate the exercise of restraint upon a more extensive scale. The boy is also passing through a long and complicated process of adjust- ment to social surroundings. According to many authorities, his natural tendency at this age is to revert to the nomadic state of civilization. From a bio- logical point of view he is mature, and in the animal kingdom the male goes forth from the parental protection to fight and make a home of his own. So in boys today we find the tendency to re- vert to the primitive state manifested in the form of truancies, incorrigibilities, frequent fights, etc. This is especially observed in all children's play, rough play, killing, fighting, test games, etc. The school records at this period show worse deportment than at any other time. (Note Chart No. 1.) Every man can recall some such tendency in his own experience at this age. AGE II / 2 13 /_*: /J- /6 /7 /_$_ 74 73 72 Yi 70 8 " 5 ^ Co7 Uj // ^ |* & fc 6 63 2 & C^o *9 6% / / Average* of 7 -\ 3OOO School boys 7 \ showing per cent ^_ \ with <$ ood deportment. / \ Qt dfffe re n (From /-If. L &ges f /'\ 1 \ *"/ / \ / \ /I\ / \ T- 7 / \ f^ \ i / \ 1 \_J Report and Manual for Probation Officers If we recall the conditions of the system at puberty, we can better understand the strain a boy labors under at this time. It is a common observation that boys grow faster between twelve and fourteen than at any other time; legs lengthen, shoulders broaden, muscles develop, face widens, larnyx be- come more prominent, voice changes and later hair appears on different parts of the body. The heart almost doubles its ca- pacity, with corresponding increased blood pressure. "Ratio of volume of the heart to width of aorta before puberty is 56-20, while afterward it is 97-20" The whole system is undergoing a rapid change, which throws extra strain upon the already overwrought, unstable ner- vous system. Brain fibres are increasing rapidly, new centers are being developed and habits formed. At this stage the centers of reproduction normally have the right of way ; the tendency for these to predominate causes the normal person to exercise- will. Every sensory stimulus goes to a center, which in turn tends to produce stimulus in the motor nerves, resulting in action. Thus we have an arc. The intensity of the sensory stimuli or ir- ritant produces corresponding tendency for action. At puberty, as stated before, the natural tendency is not to be good, but to revert. In order to overcome this inclination it requires a restraint of the will, "which is an aggregate of ten- dencies to act in a firm, prompt and definite way." Thus the centers which we might consider as governing obedience and right and wrong are also being developed. The sexual center receives stimuli over the sensory nerves from the penis. At puberty these stimuli are increased by the gland doubling in size, increased blood supply, and increase in the Pacinian corpuscles of touch. The stimuli arc still further increased and intensified by a tight foreskin, with adhesions and accumulations of smegma. This, in turn, hyper-stimulates cen- ters, resulting in exaggerated desires and augments the ten- dency for action, and overbalances stimuli from other centers which tend to will the right. Stimuli of motor action arc always stronger when arising from without than when arising within, as from the will. Thus counteracted and overbalanced, the nervous impulses are unreliable, resulting in weakening of the will, which is followed in turn by untruthfulness and incorrigi- bility. The boy knows the difference between right and wrong, but the exaggerated impressions coming to the sexual center "overflows," and blocks effort to do right. The function of a nerve cell is first to generate, second to 274 Report and Manual for Probation Officers discharge, and last of all to develop inhibition and co-ordination. Normally at puberty the centers of reproduction predominate, and tend to block stimuli going out from other centers, but when the sensory stimuli from the reproductive organs are exagger- ated, as by an abnormal condition of the penis, this, coupled with the fact that inhibition functions of centers are feeble, readily explains why the centers governing the will (which are endeavoring to hold him from going in the line of least resistance) are overpowered, and the boy does wrong. The whole science of physiology, and especially psychology, is based upon this principle. How can this condition be remedied? First, by increasing the stimuli to the centers governing the will strengthen the will. Second, by allaying the sensitiveness of centers themselves. Third, by overcoming or lessening the sensory stimuli, which are the origin. The last is the easiest. In many we remove the cause by circumcising the boy, which breaks up the adhesions and removes the material which has been irritating the sensitive terminal nerves. Now the arc is broken, and the exaggerated tendencies cease, the other centers predominate and the boy gets control of himself again. The same principle is illustrated by the exaggerated stimulus from bad teeth, eyes, adenoids, tonsils, poor nourishment, etc. When these are remedied similar good results follow, for the same reason. The records of boys are divided into groups. First : Boys who had appeared in court for several offenses, and who after operations or correction of defects, improved so much in conduct that they did not have to be taken into court again, although reporting continually to the probation officer, and doing well. Second : Same class of boys as in the first class, appearing in court on several occasions, who after operation improved in morals for a period, but finally, for some offense, later returned to court. Third : Those appearing in court only once. After receiv- ing attention, conduct at home and reports showed they did well, and were never brought in for further offenses. Fourth: Those not doing well at first, but finally turning out much better. Fifth : Those upon whom the operation had no effect from a moral point of view. Report and Manual for Probation Officers 275 Sdwot Coadu This chart represents stages by which boys usually go wrong. 1. Un- satisfactory conduct at home. 2. Truancy from home. 3. Truancy from school. 4. Incorrigibility and bad company. 5. Misdemeanor. Vertical line represents conduct. Horizontal division time, each space a month. Diagram represents career of boys taken from Chart I and II; show- ing correction of marked physical defect followed by improved moral conduct. None of these boys have appeared in court for over a year. In the first group we have what would ordinarily be called bad boys, who have been tried in every way, and were turned over as almost hopeless. Some had appeared in court for as many as twelve offenses. The physical defect was corrected by operation, usually circumcision. Of the thirty boys in this group, not one has committed an offense to appear in court since. A record of their conduct at home and at school, which appears in the weekly, bi-weekly or monthly reports in the probation office, shows a marked improvement in their morals. In the second group we have boys worse than those in the first, with criminal tendencies more marked. In this class we have twenty-six, each of whom appeared in court for an average of four offenses, at an average interval of three months. After they were operated upon they improved in morals for an aver- age period of sixteen months each. During this time the}' were reporting continually and doing fairly well. In oilier words, a group of boys, who were committing offenses every three months, some as often as every ten days, and whose conduct at home was not satisfactory, changed after the operation and did 276 Report and Manual for Probation Officers not commit an offense and did much better at home for an average period of over sixteen months each. In the third group, as the judge says: "We are getting- on to ourselves." They appeared only once, but were given atten- tion as soon as possible, when it was necessary. In this group we have twenty boys, and not one has been brought into court for an offense since, and their reports show them to be doing fairly well. The fourth group includes eight who shortly after operation ran away, or committed some petty offense, but the records show that they later did improve in moral conduct. The fifth group includes fifteen boys upon whom no good moral effect was apparent, although helped from a physical point of view. In this group we find the stigmata of degenera- tion more marked; three or four being apparently marked with pre-natal influence. Their tendency was to be bad, and it was born in them. They are now in Whittier or lone. The next question is, did the operation lengthen the period- icity of crime? This is shown in Chart III representing thirty-one boys, taken from groups I and II, who have committed an aver- age of six offenses each in the average space of time of eighteen months. That is the time elapsing from the date of first offense to that of the last averaged eighteen months. If each appeared six times (as a matter of fact some appeared as often as sixteen, or more), in a space of eighteen months, we have a periodicity of three months (as a matter of fact some appeared as often as every ten days), before the operation, while immediately fol- lowing we have a break in the periodicity to a jump of eighteen months, instead of three. ~7Tlo tifAi y =T 3 This chart represents periodicity of crime in 31 hoys, each appear- ing in court for sonic offense on an average of six times each at inter- vals of three months. After operation not appearing again for over eighteen months with more or less good report. Report and Manual for Probation Officers 277 The boys in the first, second and third groups, or about seventy-five boys, showed marked moral improvement. Tn the fifth and sixth groups, containing twenty-four boys, they were not helped morally, yet the records showed marked physical and also many times mental improvement. Thus over sixty-eight per cent of the boys showed marked improvement morally, while fifteen to sixteen per cent showed no such improvement. These results do not include about thirty boys who were operated on during the past six months, as this short time did not seem a fair test, although a boy who has been bad in school, incorrigible at home and a nuisance in the neigh- borhood, who turns over and is better, even for a month, no doubt has been benefitted. If but five per cent of those who needed attention had been helped morally, or even one in a hundred positively, instead of more than seventy in a hundred as it is, we would feel that our work was justified. (The seventy per cent helped applies to twenty-two per cent of the total who needed attention, thus making about sixteen per cent in all who were benefitted.) Of course the number of cases under investigation are not sufficient to justify our considering the conclusions drawn as absolutely correct, and this paper must be considered as a pre- liminary report. The investigation will well repay further ob- servations extending over a greater period of time and a greater number of cases. If any good has been accomplished in this work, and if any benefit is to be derived in the future, the credit is due the one under whose stimulus and direction everything has been done. I refer to the Honorable Curtis D. Wilbur, Judge of the Juvenile Court of Los Angeles County. DOES THE ABNORMAL CONDITIONS OF THE TEETH CON- CONTRIBUTE TO JUVENILE DELINQUENCY? Read before the Los Angeles County Dental Society by John A. Colliver, A.B., M.D., Medical Probation Officer, Juvenile Court, Los Angeles County. My excuse for accepting an invitation to present to you a paper upon a subject which may seem a little out of my line, is my earnest desire to obtain from yon all the information 1 can. which may in some way aid us in solving the problem ot bad- ness in boys. After examining a few thousand juvenile delinquents, ex- tending over a period of the last seven years, 1 have a strong 278 Report and Manual for Probation Officers feeling that there is a physical basis for, at least, the beginning of juvenile criminality. Of course, the greatest influence in the production of this delinquency is a factor over which we have little or no control the parents but aside from and in ad- dition to the parents, I believe there is a physical basis for the be- ginning, and often the continuance of crime. It is not an easy matter to determine this cause, but the work is only in its infancy and if, at the present, we can only find a physical basis in a very small per cent and profit by it, we are more than paid for our endeavor. So, if I stimulate you to free discussion, thereby giving us the benefit of your knowledge, our efforts will not be in vain. In the classification of about 1,000 cases, I find that 60 per cent of the boys have defective teeth. By defective teeth I mean irregular, not opposing, notched and decayed or aching. No account is taken of uncleanliness, etc. In other words, only those are classified defective which may be producing directly or indirectly some irritation. The per cent of defective teeth among school children at same age is 10 to 12 per cent less than the juvenile delinquents in our court. This difference is worthy of consideration as one of the fac- tors* contributing to juvenile delinquency. Let us consider its bearing, direct and indirect, on the psychic character of the child. In order to understand this effect better, let us first study the boy. A classification by age of all the boys appearing in Judge Wilbur's court during the last six or seven years, reveals the fact that over 70 per cent of them are between 13 and 15 years old. This is the age of puberty. A period of profound, physio- logical change. He grows faster at this time, his legs lengthen, shoulders broaden, muscles develop, face widens, larynx be- comes more prominent, voice changes. Heart, digestion and all vital systems are undergoing and adapting themselves to the rapid changes. The system which feels the strain most of all is the already over-wrought nervous system. Brain fibres are rapidly increasing and new centers are being developed, and habits which influence his future life are being formed. What does this mean? Every sensory stimulus goes to a center which in turn tends to produce stimulus in the motor nerves, resulting in action. The intensity of the sensory stimulus or irritant produce corresponding tendency for action. The function of a nerve cell is last of all to develop inhibition and co-ordination. Thus, during infancy and childhood the power of inhibition is weak. Report and Manual for Probation Officers 279 It is not the natural tendency for a boy to be good. That is a reflection of his environment and parents. According to many authorities, his natural tendency at the age of puberty is to revert to the nomadic state of civilization. From a biological point of view, he is mature, and in the animal kingdom the male leaves the parental protection to make a home for himself. So, in boys to-day, we find the tendency is for them to go in the direction of least resistance and revert to a primitive state manifested in the form of truancies, incorrigibles, frequent fights, and the desire for physical supremacy. This is especially ob- served in the natural play of children. The training a boy receives is artificial to him, so more brain centers must be brought into action with new fibres and associ- ated connections. The oftener he does a thing, the easier it is. But at first and for many times it is an effort. Now let some other stimulus come over the sensory nerve, as an aching or sensitive tooth, and it will predominate over those which are voluntary and arise from within. The result is, an early instinct manifests itself and he tries to free himself. He shows the savage. The lines over which good habits have been traveling are crossed and blocked. He is cross, irritable, and the carrying out of the acquired habit is forgotten. This, to- gether with the fact that his nervous inhibitory function is not fully developed, causes him to lose control of himself. His will is overruled and he does and says things he would not other- wise. He becomes incorrigible, disrespectful, disobedient, first at home and afterwards to the law, and winds up in court. Another form of irritation of direct nature, but more obscure, is found in the condition of impacted teeth. Here we do notice a condition similar to that which, when the weather gets cold, causes fowls to fly south to warmer climate. It is illustrated in boys by a spirit of unrest, disobedience, truancy, incorrigibility, etc. It was early observed that criminals often had irregular and abnormal teeth. It is possible this might have been one of contributing elements. In looking over the records, there are 4o boys with irregular teeth, 12 of these have them impacted. Of these boys, almost without exception, they began their troubles by truancy and incorrigibility. A very interesting case occurred in Philadelphia and was reported by Dr. Arthur Holmes. A boy of well-to-do parents, who should have had good training at home, was compelled to stop school, not because of 280 Report and Manual for Probation Officers standing, but on account of bad conduct. He could not sit still, was always turning around, and he was demoralizing the whole school room until the teacher was compelled to suspend him. At home all effort failed to control his boisterousness and mis- chievousness. His conduct there grew worse and worse, he became incorrigible and untruthful. Things were missing about the house and finally the climax was reached when he began taking money from the neighbors, at which time he was turned over to the juvenile court. A physical examination of this boy showed no marked phy- sical abnormality nor stigma of degeneration. A few adenoids were removed and he was placed on probation. He was utterly fearless and careless of the consequences of the law. At home he was quarrelsome, disobedient, irritable, stubborn and always creating a turmoil. When permitted to go on the street he would remain out late at night and lie about his whereabouts. Inside of a few weeks he turned up in court again for stealing. Another careful examination was made of the boy and it was found that second teeth were forcing their way along the old ones and his gums were swollen and red. The boy was sent to Dr. Edward C. Kirk who, upon being told of the boy's ten- dencies, suggested the whole trouble might be due to impacted teeth. I will read a part of his report to the judge of the juvenile court : "On the lower right side, the space between the first per- manent molar and first premolar has been partially closed by the pushing forward of the first permanent molar. This con- dition has led to a partial impaction of the second premolar which is, as yet, unerupted, and which may be a source of peri- pheral irritation. On the whole, the case is, from my point of view, a typical one of what I called dentitional stress ; that is to say, of nervous irritation leading to a choreic tendency re- sulting from the general nervous irritation which frequently arises during the period of exchange of the permanent for the deciduous set of teeth. "I am of the opinion that as soon as the secondary dentition is fully in place his nervous phenomena will disappear. I should consider it the part of wisdom to relieve the young boy of all other sources of nervous stress until that stage of dentition already referred to has been reached. It is a case for fresh air, out-of-door employments and general improvement of hygienic conditions rather than for medical treatment/' In spite of the rebellious protest by the boy and doubt of Report and Manual for Probation Officers 281 benefit by parents and others, the impaction was relieved. There was an almost immediate improvement for the better. The irritation of sensory nerve stopped, the nervous arc was broken, and, as Dr. Holmes remarked, the whole nervous system seemed to breathe a sigh of relief. The effect was apparently permanent and the boy returned to school and continued as an exemplary boy. I have gone into details in this case only to illustrate what might be done if we had your co-operation. We have boys in our court every week, yes, almost daily, illustrating as varied a career as the above. So far, we have not been able to give the last chapter, that is up to you. Time does not permit me to take up another phase of the indirect effect of defective teeth as brought out by Dr. Ayers in his "Laggards in our Schools." Here he states that 42 per cent of failure for promotion is due to defective teeth. Failure of promotion often means stopping school; stopping school means idleness, and idleness means trouble, vice and crime, which finally end with the boy in court. Indirectly defective teeth contribute to juvenile delinquency through the digestive apparatus : 1st. Direct irritation through intestinal tract. 2d. Poor nutrition. Direct irritation in the intestinal tract will, in the same way as direct stimulus from impacted teeth or toothache itself, tend to block the effort to do right. The result is, the boy passes through the same stage of irritability, disobedience, incorrigi- bility, untruthfulness, etc. Just last week we had a case illustrating this point. A boy about 15 years old was brought into court for stealing bicycles. This boy had no molars on either side and gave a history of chronic intestinal indigestion. He began his career by being cross, irritable and saucy at home who wouldn't be playing hookey from school, and getting in bad company, lieing in a constant state of irritability due to intestinal distress, this boy was unable to control himself in small things. Soon he did more serious things which brought him to court. I don't say that this is the only cause of his being bad, but it does seem to me a possible important contributing element. It remains for dentists to prove this theory. The nourishment is below normal in 52 per cent, ol those with one or more bad teeth. Whereas, on the other hand, only 15 per cent, are poorly nourished in those with good teeth. Of 282 Report and Manual for Probation Officers the 52 per cent, we cannot say that poor nourishment is due en- tirely to defective teeth, but of the 15 per cent, showing poor nourishment with good teeth, over 60 per cent, are cigarette smokers and have nervous disorders. As stated before, the great majority of boys are just at puberty, the time when the greatest strain is thrown on the nervous system, also a time when habits are being formed and the boy is trying to adjust himself to the complication of modern customs. A poorly nourished nerve cell or fibre will not react so well as one well nourished. A boy overworked and underfed is irre- sponsible and liable to break out at any time. The senses are not true and the reasoning consequently not correct and the boy's ideas of right and wrong have changed. We know defective teeth interfere with nutrition. We have had no way of correcting teeth but we have had cases where low nutrition was associated with delinquency, and improving nutri- tion improved morals. Not long ago, a boy about 12 years old came into Judge Wilbur's Court for the fourth or fifth time, for truancy, incor- rigibility and bad conduct generally. He was a bright, pale poorly-nourished, nervous and unkempt boy. He was sent home with orders from the court to gain five pounds during the next week or ten days. A good nutritious diet list was made out for him and he gained five pounds a week for two weeks, and a marked change in character and disposition followed. This boy was handicapped a great deal, too. He had no mother, his father was a drunkard, and his sister was blind. The boy had to lead his sister to the stove to cook and his father was inclined to stay out late and spend money for whiskey and neglect the table. This boy did not have bad teeth but he was poorly nourished, an accompaniment of over one-half of those with bad teeth. So correcting diseased conditions of the teeth improves nourishment and trues up the nervous system. Poorly-nourished boys now, as a rule, are sent to a country home where they receive abundance of good nutritious food. This builds them up, improves their nervous system and changes their character. The improvement is due to better and truer re- actions from the nervous system. So it is just as consistent that the same thing might be accomplished if those with defective teeth could receive proper attention, thereby improving digestion and nutrition. Report and Manual for Probation Officers 283 THE PHYSICAL BASIS FOR IRRITABILITY IN BOYS THE BEGINNING OF JUVENILE DELINQUENCY. Read before Riverside Co. Medical Society, City School Board, Teachers and Probation Officers, Riverside, April, 1911. Dr. John Adams Colliver, A. ?>., M. D., Medical Probation Officer Juvenile Court. This evening I am going to tell you some stories and try to give you some Juvenile Court Clinic. Those who have come here expecting the usual learned scientific paper quoting long lists of authorities, etc.. are going to be more or less disappointed. This is a home product worked up from home material, all taken from our Juvenile Court, over which presides your former fellow- townsman, the Hon. Curtis D. Wilbur. Before taking up this Clinic, however, it will be necessary to review a few underlying principles. I will endeavor to give you some facts and a little theory, although, as a matter of fact, the theory was the last worked out. It has been the constant endeavor of the court to discover the cause of crime. I believe there is always a reason for a boy going bad, but the reason is not always within the boy. Of course, the greatest influence in the production of delinquency in boys is a factor over which we have little or no control the parents ; but aside from and in addition to the parents, I believe there is a physical basis for the beginning and often the continu- ance of crime in the boy. It is not an easy matter to determine this cause, but the work is only in its infancy and if we find there is a physical basis in a very small per cent, and profit by it we are more than paid for our endeavor. This means, as you see, that badness in boys is more or less excusable as far as a boy himself is concerned in one case fault of the parents, in the other the boy's defect. A careful analysis of the early history of a few thousand juvenile delinquents shows that a large majority begin their career by being irritable at home. This per cent, would probably be much higher if more reliable early data could be obtained. This is the cause of the first step a boy takes toward becoming a criminal. \\ e all know that all irritable boys do not become dis- respectful, and once disrespectful and disobedient do not become incorrigible; nor those becoming incorrigible go on to criminals, nor do all criminals get into court. But it does mean that they are on their way, and if the cause be not found and corrected, will arrive there. The converse is true, however, namely : scarcely a juvenile delinquent or an adult criminal but that has passed that way. 284 Report and Manual for Probation Officers Now what is the cause of this irritability, which is the first step in changing the character of the boy? The nervous mechan- ism is the same in all cases, although originating from different sources. In other words, different causes produce the same phenomena or irritability in the same way. Before taking up these different causes, therefore, let us first understand the main phenomena. The nervous system consists of the brain, spinal cord and two sets of nerves, one for carrying impulses in, called sensory nerves, and another for transmitting impulses out to muscles, called motor nerves. Any stimulation or irritation of sensory nerves goes to a center in the cord, or brain, and causes stimula- tion in a motor nerve which passes out and tends to make the muscles contract and there is motion. It is further true that all irritation of sensory nerves tends to travel this arc. This is what is commonly called reflex action, while all of the most compli- cated movements we daily perform without thinking about them are other examples. In other words, all of our habits are of this variety. The only difference lies in the fact that impulses for habits arise within the brain and are voluntary. Any new move- ment at first is difficult and slow, but the more we make it the easier and more rapid it can be done, until soon it is done un- consciously and it becomes part of our daily life. This is just as true for good as for bad habits, either becomes fixed. On top of all this we find that the natural tendency of a boy is not to be good ; and this is especially noticeable at puberty. At this age, from a biological point of view, he is mature. This tendency to go bad is especially noticeable in boys at this age by their school reports, showing poorest deportment of all their school days. We see it also in frequent fights, truancies, incorrigibilities, etc. Again we see the same tendency illustrated in children's natural play, where they tend to revert, as shown in such play as "chasing," ''hide and seek," "big Indian" "killing games," etc. Thus it is not natural for a boy to be good any more than it is consistent to raise a vveedless crop without cultivation, or domestic animals without training. His tendency is to go in the line of least re- sistance. If he is good, it is a reflection of his environment and speaks well as a rule for his parents. There is no clear-cut line between good and bad habits. This line of demarkation is subject to constant change in the effort to adapt himself to social environment. What was com- mon property, at one time, today is trespass. Things that you could do and enjoy when a child, would today land you in the Report and Manual for Probation Officers 285 court. According to the last report, from the clerk of the Pro- bation Court of New York, over fifty per cent of cases of the children taken into court in New York City are due to the child's normal instinct to play. So we see the standard of right and wrong is constantly changing, but the physiological make-up of the boy remains the same. With the boy's natural tendency to go bad, the good boy must be trained. His habits, therefore, are artificial and conse- quently more difficult and uncertain. With all this, we have the unstable nervous system of puberty struggling to adapt itself to the rapid physical growth. We have the age of unde- veloped inhibition ; the age of greatest desire for possessions ; and we have over 92 per cent of boys from broken homes, mean- ing practically no training. How can we blame the boy for going wrong? Stimuli from the outside are stronger than those arising from within, as the will and tendency for action is proportional to intensity of stimulus. In other word, a stimulus may arise from without, as from some physical defect, and be so strong as to block the weaker impulses arising from within, as the will, and the lines over which the more difficult and unnatural acquired habits travel are blocked. The boy reverts and does the most natural thing he shows the savage. He becomes irritable and says and does things he would not otherwise. If the irritability continues, he becomes more ugly, disrespectful, incorrigible, and disobedient, first at home, next at school and finally to the law, and winds up in court. It is concerning these many different stimuli, which 'arise from outside of the brain, that I will introduce the clinic. The simplest, uncomplicated form of irritability is first no- ticed in the infant, who ceases to play, cries easier, and finally gets spunky and mad, as the time approaches and runs over for its feeding. Later in life the same form of irritability is exhibited in the child. In each case they are changed to smiling, cheerful and playful beings by the satisfaction of hunger, and allaying the irritation of the terminal nerves of the stomach. As we pass higher up it is a common observation to notice the irritability in adults coincident with hunger, indigestion, sleeplessness, corns and even a saw collar. Now let us take up the clinic as they come, starting with the external irritants, then taking the internal and finally those which are obscure or toxic. TEETH. In the classification of about 1000 cases. I find about (>0 per 286 Report and Manual for Probation Officers cent, of the boys have defective teeth. By defective teeth I mean irregular, not opposing, notched and decayed or aching. No account is taken of uncleanliness, etc. In other words, only those are classified defective which may be producing directly or indirectly some irritation. The per cent, of defective teeth among school children at the same age is ten to fifteen per cent, less than the juvenile delinquents in our court. This difference is worthy of consideration as one of the factors contributing to juvenile delinquency. Let us consider its bearing on the psychic activities and character of the child. We have had numerous boys in court who have complained of toothache, which no doubt contributed to their delinquency. Another form of irritation of direct nature but more obscure is found in the conditions of impacted teeth. Here we do not have the direct local acute irritation but a low grade irritation which produces a nervous tension. This tension is similar to instinct which, when the weather gets cold, causes fowls to fly South to a warmer climate. It is illustrated in boys, by a spirit of unrest, disobedience, truancy, incorrigibility, etc. Indirectly, defective teeth contribute to irritation through the digestive apparatus. First, a direct irritation through the intes- tinal tract. Second, by poor nutrition. Direct irritation in the intestinal tract will, in the same way as direct stimulus from im- pacted teeth or toothache itself, tend to block effort to do right. The result is the boy passes through the same stage of irrita- bility, disobedience, incorrigibility and untruthfulness. Two cases almost identical illustrate this point. One boy 15 and the other 16 years old were brought into court for steal- ing. One had no molars on either side above or below and the other had no lower molars. Both gave a history of chronic intes- tinal indigestion. They each began their career by being cross and irritable at home ; later "playing hooky" from school and get- ting in with bad company. Being in a constant state of nervous tension they were unable to control themselves in small things, and soon wound up in court for a serious offense. We do not doubt that the teeth or lack of them should receive a very im- portant consideration in these cases. As stated in a previous paper the nourishment was below normal in 52 per cent of those boys with one or more bad teeth, whereas only 15 per cent are poorly nourished in those with good teeth. Out of the 52 per cent we cannot say that poor nourish- ment is due entirely to defective teeth, but of the 15 per cent showing poor nourishment with good teeth over 60 per cent were cigarette smokers and had nervous disorders. It is also an inter- Report and Manual for Probation Officers L>7 esting fact to know that nutrition was poorest in those having but one bad tooth, rather than those having many. This again illustrates the nervous control and relation. The effect of poor nourishment will be taken up later. ADENOIDS AND TONSILS. Much has been written and discussed concerning the effect of adenoids and tonsils on the mentality of the child. It has been shown that their removal is almost always followed by improve- ment, especially physical and nearly always mental. Likewise our work has shown an improvement morally. Their removal re- lieves the nervous reflex arc and thus tends to allay irritability the beginning of badness. This is illustrated in the case of a little Jew, 12 years old. This boy had a Russian Jew step-father, who traveled and sold cheap jewelry, and his mother kept a small grocery store. In other words, his home was broken. The boy smoked cigarettes and his heart showed the effect. He was a persistent truant. This and disobedience were his greatest faults, although at one This chart shows numerous offenses, represented by the vertical lines, covering period of X months, avera^in^ melf. Another boy named II - was given up as a hopeless, incor- rigible truant, who was disobedient and disrespectful to his par- ents and the law. A similar operation was performed and he ex- perienced a similar change, and it has been over six years since he has been in court, and reports show he is doing well. Age 15, well-developed boy. Father a carpenter, mother dead, but has a step-mother during the last six years, lie began his career by being saucy and disobedient to his step-mother. \Vould run away and shirk his chores. Later lie began running with bad company, and one Sunday broke into a bicycle stre and 290 Report and Manual for Probation Officers stole different parts of a wheel. This boy was brought into court. Later was operated upon and allowed to go home. His step- mother told me several months later that H - was a different boy ; that he had a complete change of disposition. He was as good as a girl to help about the house. Washes and wipes dishes, and even stays at home and so good he has started to learn cook- ing. Lately he got a job and gets home early every night, and lias never returned to court in over three years. Age 14. Mother dead five years. Boy lives with a sister and brother-in-law. Father brass cutter. This boy was taken in court a number of times for being out late and frequenting moving pictures. He gave a history of being irritable and saucy to his sister. The same operation changed him so that for two years he has had a good report. Age 10. Father saloon man. Poorly nourished, pale-faced, nervous flat-chested boy. Brought in numerous times for tru- ancy, three times for burglary, once for stealing a wheel and finally for stealing a purse in a grocery store. After re- ceiving attention, this boy has changed and given no trouble and has given good reports for over three years. This is shown by diagram (c) herewith. This chart illustrates gradual increase of intensity of crime until oper- ated upon at (O) when character changed and the boy has been different ever since. Age thirteen. Bad home. Parents quarreled, and boy drank wine, beer and whiskey at home with them. He was poorly nourished and had a peculiar husky voice. Was very shy and beyond control at home. He was a persistent truant. Out late nights. Turned in fire alarms, stealing bicycles, etc. For two years this boy averaged a crime a month, and I am informed of sixteen times stealing that were not recorded. An examination showed a marked defect, and he was attended to the same as the Report and Manual for Probation Officers 2!tl other boys in this group. The arc was broken, and a periodicity of his crimes lengthened for over a year instead of a month, dur- ing which time he did not appear in court. He finally fell in love with his school teacher, who loved and kissed and caressed him just as puberty was dawning, and the boy went to the bad and wound up at Whittier. The case of George and Gus, John and James, and fifty others could be mentioned who have received attention and given evi- dence that the irritation of the genito-urinary tract has been one contributing element towards their delinquency. POOR NOURISHMENT. Poor nourishment has contributed to delinquency, as illus- trated in the following cases : Age 15. Mother dead. Father drunkard. Blind sister keeps house for father and boy. The boy is undersi/e, weighing only 70 pounds and being only 4jX feet tall. He is pigeon-breasted and poorly nourished, but possessed no marks of physical de- fects. His meals were irregular and he drank much coffee, be- cause this was the principal diet of his father. The boy had to lead his sister to the stove to cook. This and the fact that the father was a poor provider, gave Frank little to eat. The boy be- came ircorrigible, disobedient and would not stay home. Was out nearly every night, into mischief, and when he could get the money went to the moving pictures. Finally got in with a bad lot of fellows and stole a cornet and a fountain pen. He had appeared in court a few times, but the last time was sent home under instructions by the judge "to put some Mesh on and gain five pounds a week." He was put on a diet and gained six pounds the first week and five the second week. This gain was accompanied by a marked change in his disposition and by be- coming better natured, staying home, helping sister, and trying to keep his father sober. A colored boy poorly nourished. He was trained to be a jockey. I>y baths, diets and sweats he was reduced 20 pounds or more so he could ride in the races. While thus reduced his moral resistance was at low ebb. lie robbed the very man who was trying to help him, and then ran awav. lie was arrested on the train between here and Oakland on suspicion. The suspicion be- ing aroused by a gentle tip he gave the porter of $87.00. 1 le was sent to the parental school and fattened up. and his moral stabil- ity more or less returned. There is a home in the foot hills not far from Los Angeles where there is plenty of home products and good things to cat, 292 Report and Manual for Probation Officers and a matron. Airs. Strickland, simply stuffs the boys; where many poorly nourished incorrigibles are now sent. The boys im- prove here and do well, and the secret of her success lies in the fact that all the boys are almost overfed. Diet itself is a very important item and a few cases have become irritable and ugly. This can be traced to improper food. One boy was fed three times a day on mush. Another on dried fruit, olive oil, stale bread. Still another on sardines and canned goods. When these boys have been placed on proper diet, the change is noticed soon after in their dispositions. RHEUMATISM. Many cases of irritability and incorrigibility of obscure char- acter, I believe, are due to rheumatism. A private case, a good family history, well-nourished child, ordinarily of good, cheerful, playing disposition. Becomes peevish, cries easily, is cross and ugly. Throws her doll across the room ; tears her dresses ; grinds her teeth and screams. Makes faces at you, and cries with the least provocation. Pulls your hair when you examine her. A girl who was always obedient before. Now if you ask her to be quiet, she stands on her head, spits at you and scratches you. Examination showed a well-nourished child, and practically no physical defects. There was a slight rise of temperature, throat a little red but not complaining of being sore. Stethoscope re- vealed endocarditis. This child had rheumatism, and no doubt had some little trouble in her joints. All of her ugly disposition disappeared under the administration of anti-rheumatics. Boy aged 12. Father employed during the day, not returning until late at night. Mother and the three other children away from home sewing all day. The boy is left to shift for himself. His favorite haunt was near the river bed, and his parents give a history of night cries and some complaint of "growing pains." His school teacher has tried in every way to win the boy. Is fairly good in his deportment, but is thoughtless and indifferent to the law, and disrespectful to orders and rules. He frequently runs away from home, and during the last vacation stole a ride on a freight train to Long Beach. Smokes cigarettes. The ex- amination of the boy shows he is markedly undersize and pos- sessing a marked endocarditis. Xo one can doubt but that rheu- matism was one of the contributing causes of this case. INTESTINAL IRRITATION. Like cases of rheumatism, many obscure cases of irritability are often found to be due to intestinal irritation. Boy six years old. Good parents and good home training. Boy Report and Manual for Probation Officers 293 well nourished ; hardly a physical defect to be found. Gets spells of being sulky ; will not allow anyone to touch him ; gets up cry- ing and cries most of the day ; impossible for mother to please him by any means; he strikes and kicks her, and lies on the floor in the corner and sulks. The mother has learned that one dose of castor oil will fix this boy in a few hours. The change in his disposition is marvelous, but will return again as soon as he has eaten enough truck between meals to cause the same irrita- tion. A little boy about 9 years old, and had a most amiable dis- position. He was so good that all the neighbors and storekeepers thought so much of him that they were feeding him candy and sweets. In spite of his popularity, he became very changed at home; once an obedient boy, now he began to talk back to his mother, and be cross to her. The boy apparently could not help it, and would at first break down and cry after each cross word to his mother. It seemed to hurt him to think that he was mis- treating his mother. Later the edge wore off, and it did not seem to bother him so much to talk back to her. He would run away and beg money from strangers, and if he could not get it that way, he would take it from home. The money was always used to buy candies and sweets. The parents had requested the stores not to give him anything, so he now bought to satisfy the crav- ing. The boy was acting so bad and disobedient that the parents consulted me in regard to him, and were very much grieved about his stealing at home, and were anxious if possible to find a cause for it. A physical examination revealed no marked de- fects. There was a slight mass, however, in the region of the caecum. lie was given a good cathartic, and advised to be kept away from sweets for a week. After two or three brisk actions the mass in the side disappeared and the stools were found to contain raisin seeds, stems and seeds, small pieces of citron, very small round white pieces of what were supposed to be the re- mains of candy marbles. In addition to all this, there were nu- merous small pieces of paper, which the boy in his haste had evidently eaten with the candy. You would scarcely believe the change that came over that boy. fie was as obedient, cheerful and as good a boy as anyone would want. TOXIC. Meningitis, infectious and contagions diseases usually begin by noticeable change in child's disposition. And in some ot our cases the irritability seems to have left an after effect upon the moral character. 294 Report and Manual for Probation Officers Mothers often insist in open court and privately that her boy has been different since certain infectious disease. This is well illustrated by Case 2. J , age 15. Good, obedient moral boy before typhoid changed, absolutely changed since then so much so that parents say you scarcely recognize him, hardly recognize him as the same boy. Similar changes seem to be true of other infectious diseases. In addition to all the cases mentioned above, there are nu- merous other obscure causes which no doubt contribute to juve- nile delinquency. Crime and badness in boys often exhibit a periodicity similar to epilepsy. This is true of truancy and cer- tain forms of stealing. This periodicity at times is often asso- ciated with epilepsy. Cases could be cited where undescended testicles, hernia, hypospadius, phymosis, small meatus, varicocele, abnormally large or infantile development have also apparently contributed to juvenile delinquency, as does also worms, profuse hemorrhage nose, persistent headache, injury to head, etc. The sources of irritability are so obscured, and the physiology, psychology of puberty, so undeveloped, we feel that further investigation will reveal new relations. We as physicians and you as teachers and parents should have the interest of the boy at heart and always bear in mind that a boy can not develop rightly, if his senses are wrong or the sensory impulses from physical irritations arising from within the body or those of environment are so strong as to interfere with the development of the will the basis of character. The Physician and the Los Angeles Juvenile Court Dr. John A. Colliver, M.D. Has been of the greatest assistance in the work of the Juvenile Court, in the examination of Boys, and Dr. Bewley, M.D. A lady physician has from the first when required made examinations of the girls Her work has been of great value to this Court Medical Side of Juvenile Court Work By John Adams Colliver, A.B., M.D. Delivered before the California State League of Municipalitiei at San Diego, Cal., November, 1910 You have asked me to speak on the medical side of juvenile court work, its importance and necessity, and tell about some of the systems in other places, and give the ideal system for this State. MEDICAL SIDE: In this I will confine my remarks to the juvenile court of Los Angeles County and to the examination of boys. The med- ical side of juvenile court work does not simply mean a physical examination, for no matter how complete, if not coupled with other data, it is unsatisfactory and often worthless. Of course, in all physical examinations, the age, weight, height and certain measurements and physical characteristics are taken. In addition to these, we talce account of the bearing upon the cases of all previous illnesses, contagious diseases and injuries, especially to the head. The family history, environment, occupation, school standing and habits are considered and re- corded. Finally all parts of the body are gone over thoroughly, especially the special senses, throat, teeth and genito-urinary organs. When there is a defect or stigma it is noted. All these are correlated and endeavor is made to see what relation each or any bear to the boy's present condition. In considering the environment, we take into account broken homes, habits of parents and diet, all of which are strong con- tributing elements. Many times I think almost the whole cause is due, for instance, to diet alone. The habits of the bov are gone into pretty thoroughly, as to whether they attend Sunday school or church, games most enjoyed, cigarette smoking, opium or cocaine fiends, liquor drinking, masturbation and sexual per- version, or any physiological or psychological change from normal. It will be noticed that man}- characteristics are noted which are not purely physical, but these are very important : and when taken into consideration, alone, or with all the other detects (if any), an endeavor is made to solve the badness of the boy irom 298 Report and Manual for Probation Officers the physical, psychological or social standpoint. This is all noted on the card which Judge Wilbur has in his hands when the boy appears before him. He then correlates it with other data at hand, and uses his judgment in the disposal of the case. In addi- tion to this, parents are given written advice in regard to the care of the boy and with another card he is sent to his family physi- cian, or specialist, for examination or operation. IMPORTANCE. It is important that all boys receive a physical examination and, I think, much more so for any boy who is apparently ab- normal morally. It is surprising how little parents know of their own children, and how many times they overlook the commoner defects which, no doubt, contribute to the boy's irritability the beginning of crime. For instance, in the way of teeth alone, impacted, decayed or aching, we have defects which produce marked irritability in a child, or an adult for that matter, and contribute to incorrigi- bility. Adenoids and tonsils, in the same way, are also respon- sible and, for the physical improvement alone, should be removed. Anything that tends to improve the nutrition and allay all local irritation tends also in turn to help the boy morally. A classification of boys appearing in court shows that over 73 per cent are at the age of puberty. What does this mean? It is the age of greatest physiological changes, dominant in- stincts and emotions begin to awake into life. The sexual pas- sions are born. Every boy emerges into abnormal experiences. He also enters a long and complicated process of social adjust- ment at this secretive and vicious habit forming age. It is not the natural tendency for a boy to be good. As stated before, over 73 per cent, of boys brought into court are just at the age of puberty. This is the age, according to many authorities, that the boy tends to revert to the nomadic state. From a biological point of view, he is mature and in the animal kingdom the male goes forth from the parental protection to fight and make a home for himself. So, in boys today, we find tendency to go in the line of least resistance and revert to the primitive state manifested in the form of truancies, incorrigibilities, frequent fights, desire for physical supremacy and lowest deportment marks of their school lives. This tendency is especially observed in natural play of children, as fighting, killing, test, etc. Today he must adjust himself to the complication of his social surroundings and, therefore, the training he receives is Report and Manual for Probation Officers 299 artificial. Brain cells and fibres must develop for it. It requires concentration and effort. The more he does a thing the easier it is, but at first and for many times it is a great effort until it becomes a habit, good or bad. Sensory nerves go to a center which tends to produce stim- ulus in the motor nerves resulting in action, the intensity of the sensory stimulus, or irritant, producing corresponding tendency for action. Another thing to remember is the function of a nerve cell, first to generate, second to discharge, and last of all to de- velop inhibition. Thus during childhood, the power of inhibition or control is weak. In the action of every boy impulses arise from the brain and pass over nerve fibres. Now, let some other stimulus come in over a sensory nerve, arising outside the brain, which is stronger, as for instance intestinal irritation, an aching tooth, tight fore- skin, or some other defect, and it "will predominate over those which are voluntary and arise from within. The result is an early instinct manifests itself and he tries to free himself. He shows the savage. The lines over which good habits have been traveling are crossed and blocked. lie is cross, irritable and the carrying out of acquired habits are forgotten. This together with the fact that his nervous system and hibitory control is not fully developed causes him to lose control of himself. His will is overruled and he does and says things that he would not do otherwise. He becomes incorrigible, disrespectful, disobedient, first at home and afterwards to the law, and winds up finally in court. So, from a theoretical point of view, it is impor- tant and necesary that physical defects be corrected, espe- cially at this period. The practical point was worked out before this theory, as is shown in the following report, which was read before the Southern California Medical Society in December, 1909, and afterwards published in the Southern California Prac- titioner. This shows correction of defects in boys, followed by marked moral improvement. (1) Immediate effect for the betterment. (2) Lengthening of the periodicity of crime, thus giving the boy time to adjust himself. (3) Changing character of some boys so that for a number of years boys who were in trouble every week or so have never appeared since receiving attention. (4) Those in which, although improved physically and somewhat mentally showed no marked improvement mor- ally. Report and Manual for Probation Officers NECESSITY. The necessity of the work is illustrated in a small scale in the above. The courts throughout the United States are being more or less forced to having a competent physician examine boys. 1st. l>y the parents. Hardly a week passes by in any court but that a mother firmly believes her boy's badness dates from the time he was hit on the head or had some contagious disease or broke his leg or that there is "really something the matter with the boy." The judges receive private letters and pleading in open court to have the boy examined to find the causes of bad- ness. 2nd. Aside from this, the judges themselves are feeling that they can tell what is the matter with a boy or, at least, when they should be examined. I have talked with many judges throughout East and West" where they made statements that they did not have a physical examination of all boys made be- cause they did not think it necessary, but added that those who needed it were always examined, they being the judge both ways. They cannot tell what is the matter with a boy by looking at him more than you can tell how much money a man has in his pocket by looking at him. "That boy has adenoids." Well, when the judge can tell it is almost too late to remove them, and the result of operation is often a disappointment. The more they try. the more they are being convinced of the necessity of systematic physical examination of all boys by a competent man. SYSTEM IN OTHER PLACES. No systematic physical examination of juvenile delinquents is carried on in New York City. Only those cases that the judge thinks necessary are sent to the doctor for examination. Brook- lyn is just waking up, but is a little ahead of Xew York. Phila- delphia is ahead of either. In fact, each child has a superficial examination made before appearing before the judge, and cor- rections recommended. Tn l>oston. Judge Baker, who is elected for life, has everything in his hands. When I talked with the judge, he was inclined to think that he was able to tell when a boy needed attention, but I noticed that he spent, at least, the best part of a whole day investigating with greatest interest the medical side of the work in Chicago. Denver has a fair system. Most boys are now given a physical examination, and Judge IJndsey thinks it is becoming one of the most important phases of the work. At the time I talked with him, however, he did not think that all cases needed examination, and that boys' rights Report and Manual for Probation Officers 301 should be respected. Chicago has, I think, the best system in America. Every boy is given a physical examination, and the result of this is in the hands of the judge at the hearing of the case. There are also paid officers to see that these defects or needs are corrected or attended to. In addition to this, Chicago has a psychological laboratory, which is doing splendid work under the direction of Dr. Wm. Healy. IDEAL SYSTEM. In an ideal system cases should be examined by a competent physician, who is interested in all phases of the subject. lie should be supplied with good assistants, a staff of consulting physicians, or specialists, statisticians, competent people to investigate and follow up cases. There should be a hospital, where cases can be kept under observation, dentist's chair, an operating room, etc., where defects could be corrected. There should be a psychologi- cal laboratory with trained assistants. ]>oys in dentention should be constantly occupied, and a personal study of every case made with an endeavor to create certain impulses over nerve tracks which will tend to supplant or eliminate the tendency for vicious habits. This can be accomplished, some by games, reading and example, but most of all by keeping a boy busy and interested, daily, with hands, body ami mind to the point of fatigue. This introduces us to the subject of equipment of the Detention Home and Reform Schools for the purpose of building up crippled or weak will powers, breaking up bad habits and making men. In addition to the above a completely equipped research, hospital for observation and systematic study of each {Juvenile delinquent coupled with its appropriate individual treatment, or psychological training for the boy is, and some day will be, the ideal system. Look up and not down, Look forward and not back, Look out and not in, And lend a hand. Kdward K. Hale. 302 Report and Manual for Probation Officers Address of Dr. George E. Abbott Read before the Men's Brotherhood, First Presbyterian Church, Pasadena March 18, 1912 Our president is asking- me to do a hard day's work in fif- teen minutes. If I exceed the speed ; limit, please arrest him, not me. I can only suggest a few thoughts, hold up one or two pic- tures, ask a question or two, and then leave the whole for your own careful thought and future action. Dr. Merrifield, in suggesting the sex problem of our boys and girls, and what they should be told, asks, "Has the policy of silence broken down?" We Answer, No, it has not broken down ! Parents as a rule are still silent in matters of sex education. They hope the chil- dren will not see this, will not do that, and they trust that some- how they will come out all right. And the children, traveling along life's highway, prying into all the nooks and corners of their widening life, spy out this and learn that, and are told many bad thing's by their companions; but out of careful con- sideration of their parents' feelings, they also still observe the policy of silence. Consider, if you will, the absurdity of the position taken by many parents toward children of ten, twelve and those just entering their teens. For years the parents have dressed them differently, and treated them differently. For years, if you should call the boy "a little sissie" he would get angry or the little girl "a perfect torn boy" she would cry. For years they have known that they were different from each other. For years they have seen the difference in various animals. Have seen the fowls with each other in the barnyard, sometimes the larger animals also. Have seen the frogs in the ponds spawning together. The hen has the chickens, not the rooster. The puppies and kittens come to the mother only. Other children talk these matters over and tell smutty stories and have set wrong examples. Nature herself has been constantly telling them they were different. She has covered parts of their bodies with shame, and certain actions with disgrace. Are these bright, keen-witted, wideawake children little fools? Not a bit of it ! Report and Manual for Probation Officers 303 Are these parents I have described criminally stupid and negligent? Absolutely! I should be ashamed of a boy or a girl, entering their teens, and pity them as mentally deficient, if they did not know some things, and many things about the sex problem. Ignorance does not mean innocence. Some of the most vile and vicious minds we have are not yet fifteen years old. Knowledge does not mean impurity. Some of the most beautifully pure, chaste and holy minds we have are our grand- mothers of large families. But ignorance does mean danger! Knowledge does mean safety ! Every child has a right to demand of its parents the knowledge between good and evil. What must happen in the next ten years, before these chil- dren are twenty-two, twenty-four or twenty-six? Some must pass through the mental preparation of the high school, college and professional schools. Others must have passed through a long course of manual training in business or the trades. Many of them, all unprepared, will have married and be- come parents. Some, by kindly love, will have been lead in paths of righteousness into Sabbath school and church ; others will have gone astray in ignorance into private sin, or publicly, into the army of the red light district. Now, men, I put it to you. Is it fair to let these girls and boys grope their way in the dark and fall into sin and lose this life as well as the next, when we have the power to turn night into day, make the ways of evil and good 1 perfectly plain and teach them what they ought to know? All children have a right to be governed. They have a right to demand of us an education that will make them at least self supporting. They have a right to demand that they shall be guarded from accident of body, mind and soul. They also have a right to demand that they be kept from temptation too strong for them to resist. They look upward with the Lord's Prayer on their lips, "Lead us not into temptation." God looks to the parent and perhaps to us, to answer that prayer with Christian instruction. WHAT! WHEN! WHO! HOW! What shall we teach our children and voting people? Teach them the difference between the false lust of the impure, exag- gerated imagination and the true facts of the beauty of (".oil- given love. 304 Report and Manual for Probation Officers When shall we teach them? By all means hefore their thoughtless and evil companions pre-occupy their minds with poisoned thoughts. Teach them before they have grown away from us. Tell them some things early, other things later. Tell them more fully, as soon as the girls begin to menstruate, and are in physical danger of preg- nancy, and when the boys may do physical harm. Tell them before they may take a false step and have a life-long curse to carry. Who should teach them? Ah, that is the difficult problem; the solution of which, for the great mass of our children, has not yet been solved. Theoretically and practically also, for a few families here and there, the parents are by far the better teachers; but for the multitudes, whose parents do not know how to teach or deal with children, I incline to think that a thoughtful, Chris- tian teacher may be the wiser person to impart the necessary knowledge or perhaps to teach the parents how and what to teach the children. Don't count the cost to yourself. Count the gain to your child. Parents should remember this also: That their child's lit- tle chum may have been instructed and guarded by its parents and your child may be saying, "I wonder why father and mother don't love me enough to tell me what is right and wrong." How shall we teach them? (1) Some believe in mild measures, but the rewards of evil doing are not mild results. (2) Others would be severe with their boys. Severity along these lines is folly. Another asks his physician to show the boys the worst pic- ture his library will produce, and scare his boys so they will never get over it. That also is usless ; for boys, like men, are willing to take all sorts of risks and run their chances, when un- der temptation. Many thoughtful men believe in careful education in sex hygiene, and claim that it is the only way to solve this most difficult problem. But has a full knowledge of anatomy, physi- ology, hygiene and even clinical pathology always kept men from the social evil? Xo ! it has not. The best thing I know of is an intelligent, forceful Christian character; this, and this only, will keep a man from yielding to the strongest temptation to which we can be subjected. How shall we secure for our young people an "intelligent Christian character?" It is only possible by combining all of Report and Manual for Probation Officers 305 the foregoing parts into an intelligent whole and adding thereto a Christian perspective. Some mildness, some severity, a little pathology, that it may be avoided, a good deal of intelligent physiology and hy- giene, that is to be used, not so much for the purpose of deter- ring one from the social evil, as for the purpose of securing a full and complete development, for efficiency in one's life work and above all to instill into every young person the noble atti- tude of a Christian man and woman toward the whole subject of sex hygiene, and of bringing into the world healthful little chil- dren. Again along the lines of instruction, our boys and girls have a right to know that nature does nothing suddenly; that their sexual organs must develop gradually and slowly; that with this development will come certain temptations of which they should be glad, because it shows that they are developing well along moral lines; but that they must positively resist these temptations for the sake of present character building and fu- ture usefulness. It is unnecessary to wade in the filth of the gutter in order to know its rottenness. At the same time we must not spread a coating of glittering sand over it, lest some one, in ignorance, steps in and becomes polluted. Our young people have a right to be guarded against a "red- light district." They have a right to know of the sad picture that in most large cities thousands of poor girls and women lead a life of sin and shame, being enticed into it by glitter and fascination at first, and ending in disease and death after an average short life of five years. Evil companions will describe the glitter and fascination of Bacchanalian lust and so-called manhood. It is for the parents to give their boys the balance wheel of the other side; always, however, in an impersonal way. put- ting the blame on those already there, by saying you do not see how any young fellow can be so base and cowardly as to ruin a trusting young girl, or be one of manv to do so, and have her body and soul to answer for. Let us always make it very plain to our boys that it takes two to make a prostitute, a male and a female. Don't put all the shame, odium, blame and disgrace on the poor woman. The man is almost entirely to blame. No man no prostitute! Here as elsewhere, the woman is the better halt. The woman stays in her impure home, acknowledges her guilt and shame, accepts the 306 Report and Manual for Probation Officers penalty, socially, bodily and morally. God pity her. But the man prostitute sneaks back home again to infect his wife and to create diseased children. No wonder, when the woman taken in adultery, repented, Christ wrote her accusation. in the dust of the ground to be at once effaced, and said "Neither do I condemn thee, go and sin no more." No wonder, also, in the very last chapter of the Bible is written : "For without the Heavenly gates are whore mongers and murderers and idolaters." If a "red light" visit is necessary to young manhood, why is it not also necessary to our young womanhood? The very suggestion brings its own strong protest and crushing veto. When a noble young man learns before hand, even one or two of the facts of the white slave trade, he loses all desire to know more and is fortified against almost any temptation, not because it endangers him, but because of its cursing the life of some poor girl, and above all, of her heart-broken mother. One illustration alone might be given, where the suicide of a poor unfortunate girl was advertised in a certain city, and within a week five hundred sorrow-crushed 1 , heart-broken moth- ers went to the morgue to see if possibly it was their lost daugh- ter. Our boys and young men need to be supplied with ready ammunition, in the way of answers to be given when tempted by their companions, that should easily let them out of tight places. But why should we hold up the evil pictures for our young people to study and try to guard them against the wickedness and sin of sextual abuse. Why not present to them the noble, holy, Christian manhood side of sextual continence. I hardly know of any short statement that will strengthen young people more than taking the five fingers of the hand as the five great events of life. First, the thumb when one is born into life. Then the little finger when one dies and passes out of life. Again the index finger when one gives his heart to the Sa- viour and so gives a direction to this life and that beyond. Then the middle finger when he finds some one with whom to build his home, and with this tell him to read the last chapter of Proverbs. And lastly the ring finger, when they two plan to create and bring into existence little children for this life and the world to come. Show your boy and girl that if they are ever to be married, Report and Manual for Probation Officers 307 surely their future wife or husband must now be living- some- where in the world. Then ask them why they should not pray for the one, whom they will love by and by, that they may be fitted for each other, and led to each other. Some claim it is not right to pray for such things. Not right to pray for a Christian husband, a Christian wife and Christian children. What then may we pray for? With this thought of love in mind, our young person will care little for in fact, will be disgusted with any suggestion of impurity or lust, and every temptation will only bring increased strength, and determination to be more manly, more worthy, more fitted to fulfill his or her life's work. Let us encourage our young men to make this one of their rules -"That if I ever ask anyone to become my wife, I want to be able to tell her that I am as pure, as I know she will be, and so far I can say it." And for our young women, let us not pick out the evil characters of the Bible and tell them to avoid their course in life, but show them the lovely mother of the Prophet Samuel, and of John the Baptist and others who prayed for their children, and God; answered their prayers, not only with children who blessed them, but who blessed the whole world. Is this altogether too theoretical and altruistic? Not in the least! I can at once give the names of Christian fathers and mothers in Pasadena who have done and are doing this, and who already have the answers to their prayers. Remember that fear is the most potent factor for disorgan- izing an individual or a nation. There is no excuse for the em- ployment of this sentiment by those who pretend to govern. Remember that the true power of government does not lie in its force, but in the voluntary submission of those who are its subjects. Remember that governments, either individual or national, perish more often through their own mistakes than from the at- tacks of their enemies. DODDS. 308 Report and Manual for Probation Officers San Quentin, California, March 9th, 1910. Judge Curtis D. Wilbur, Los Angeles County Courthouse, Los Angeles, California. I am sending you herein a copy of the address made to the San Quentin boys, by Mrs. Maude Ballington Booth, on Sunday last, think- ing that you might care to look it over. I wish to thank you, Judge Wilbur, for the talk you had with Mrs. Booth regarding me and also I thank you sincerely for having requested her to see me, which she did. Her little personal talk to me was inspir- ing, as was her address to the boys. Again thanking you for the interest you have shown in me and hop- ing that I may have a personal letter from you at your convenience, I am, Very sincerely and respectfully, [A convict sent from Los Angeles County by Judge Wilbur.] Address of Mrs- Maude Ballington Booth At San Quentin Prison, March 6, 1910 Dear Boys, Dear Friends and Comrades : I cannot begin to tell you how glad I am to find myself once more on this platform ; once more looking down into your faces. I have come all the way across the country to see you. I am to have some public meetings, and I suppose some of those people who come to hear me in the public halls and houses think I came across the country to address them, but I did not; I came to see you here, and the boys in Folsom, and I just threw the other meetings in for the week-days, because I could not be with you on those days, but only on Sundays. I am always especially glad to stand upon this platform in this prison, because it \vas here in old San Quentin that I had the first experience in prison walls, and it was here, looking down upon the faces of such an audience that God spoke to my heart, and I consecrated my life it must be seventeen years ago to work for our country's prisons. And, therefore, I always feel that to me this is a sacred spot. The years have passed by since that time, and to me they have been happy years, very happy years of experience and service. And as the work has spread, as it has deepened in its influence throughout our country, my regret is that the continent is so large that the distances are so great, that I cannot be with you but so rarely. It has been my hope and intention to come at least every two years, and last spring I would have been with you again, but unfortunately I was taken ill and put in a hospital and lay Hat upon my back for a great many weeks. Report and Manual for Probation Officers 309 But in coming- to you here again, I can speak with as much hope, faith and confidence as ever, and I rejoice that the message I bring you is a message I believe in more firmly today than ever before. NEW HOPE AND PROMISE. When I first went into prison walls and brought the message of hope to those with whom I spoke, I believed that for every man within prison walls there was a chance in the future; that however sad, dark, sinful the past; however weak had been his will power; however faltering had been his steps, there is a power that could come and touch his soul and call him into a newness of life and send him out into the world to make good and send back to those within the walls a message of cheer and hope. And if I believed it in those early days I believe it still more today, after all I have seen of the splendid way in which my boys come home from prison filled with new hope and prom- ise. Our work in the Volunteer Prison League is no longer an experiment. There are numbers here within these walls who have joined the League, who feel that they stand rather alone, just a little handful in the great prison population. Yet through- out this great country there are over sixty thousand men within prison walls who have taken their stand, and joined our League, and a large percentage have gone forth into the world to make good. And now as I travel throughout our country, whether I go north, south, east or west, I hardly ever speak to a public audience but that some of our boys come to greet me boys that I knew ten, twelve, eight or six years ago, to tell me joyfully of their success and happiness in life. And I tell you, boys, it goes straight to my heart, when they come to me with a father or a mother, or a wife, who, with a happy light in her eyes, and a cheerful, joyful ring in her voice, tells me how well this man, who caused her sorrow in the past, is living up to his promises, and how manfully today he is bear- ing her burdens and bringing blessings to the home he once shrouded and cursed. And every time [ thus meet one of my boys I turn to my glad heart and say, "This is well worth while. for just that one." I thank him who taught me one lesson the value of every precious soul, and each one makes the whole of my work, the whole of my life, and all the expenditure of money, worth while, for no human reckoning can calculate how pre- cious is that one soul in the eyes of God. In past days there were many people who did not think that a man in prison was worth much. Hecausc a man had stained his name, because a man had fallen, and because a man had committed an ottense 310 Report and Manual for Probation Officers against the law of his country, and because he had made a wretched mistake, and because he had been caught, and because he had been brought within the prison walls, and had to don stripes, and be called by the world that hard, harsh name "con- vict" because of these things the world has said that man's life is worth nothing. He is no good. My heart used to burn in those days when people said to me : "A man who is once a thief is always a thief; once a convict, always a convict," and I would reply, "I suppose then, "Once a hyprocrite, always a hypo- crite ; once a liar, always a liar; once a grafter, always a grafter." Carry it right on through life, if a man has once done an evil thing, he is to be condemned forever, there is no help for any- body." And God knows that there are lots of you here that ought to be out. (Applause.) And there are lots of men out- side that ought to be in here. (Applause.) And look here, my boys, I do not say this hardly or harshly ; and some of you, if you speak the truth, will back all I say. For some of you, boys, it was a good thing when the sins of the past were leading you on, further and further astray, you were called to a halt, and you were made to stop and think. I know thousands of men leaving prison have said to me, "Little Mother, I thank God for this experience, and I am going out into the world to prove it." And when people talked to me in that cold, heartless way it made me love the boys more and more and I prayed that the great heart of Divine love might bring me into closer touch with those whom the world, through its coldness and lack of charity, had given up as hopelessly lost. WHAT OF THE FUTURE. Ah, boys, I wish you could realize how precious is the soul within your breast, and the question I ask when I look down into your faces today is not what you have done, not what you are, but what may you become? And what God can make of you? I do not see the stripes, I do not care whether they call you burglar, forger, murderer or what the name is, there is something beneath that I see and that is what I have to talk to today, and it is that which I want to see cleansed and strength- ened and purified ; and it is that which will live forever the soul beneath the surface ! There is a story told 1 of a gem so beautiful that it was pur- chased by one of the nations of Europe and held as one of the national treasures and placed in the diadem of the king beau- tiful, magnificent, worth hundreds of thousands of dollars, and yet so many years ago that selfsame stone lay upon a dusty Report and Manual for Probation Officers 311 shelf in a little out-of-the-way store in the city of Naples, tick- eted "Crystal Quartz" "one franc." If you or I had entered that store we could' have purchased it for less than a quarter. For one thing, it was not very beautiful to look at ; another thing-, it was cheap. Most persons are running after the costly things. But one day a connoisseur entered the little store and asked to examine the crystal quartz, and when he held it in his hand, it was revealed to him at its intrinsic value and he realized that when it was cut and polished by the hand of the carver, it would prove to be a wondrous gem. It was cut and polished, and now the world knows what it is worth hundreds of thousands of dol- lers, and its beauty and priceless lustre dazzles the eyes of the beholder. SOMETHING WORTH WHILE. The world may have ticketed you "Convict No good." I say that in the eyes of God all men have worth. The world will say to one man, "Drunkard, outcast, no good," but God, who looks down, says, "There is an undying human soul." True, there may be the stain of sin God alone knows how black ; true, there may have been in the past hardness and bitterness of heart ; true, there may have been in your life much that spoiled and smudged it. But, ah ! there is a message in this book (placing her hand upon the Bible) that says it will take away that old, sinful stain, and put in your hearts that truth which will change and transform you, and then some day if you are true and faith- ful to the light of God ; s word you will be placed in the diadem of the King who rules the Universe, and all the world will say your redemption was worth while. Now, feeling as I do about this, it is no wonder that I want to go into prison after prison, until I have been into prison more than any of you. (Laughter and applause.) I am always coming in, boys; and I am always sorry to get out so I am not like you in that respect. And what have I found? I have not only found these things in God's Book, and I believe them because they are in God's Book, but because I have seen them in the hearts of the boys. I know that beneath the surface there is a lot of true gold. I know what you can become. 1 know a man who has lived a wild, desperate life can live a good, honest one if turned in the right direction. I know that even the weakest, the man who has been a coward, and could not say no even he when the new inspiration comes to him can rise up and make something of the future, and become a factor for good. You see the old standard (pointing to the banner) "Look up and hope." With just that motto, in Sing Sing I'rison, the Volunteer Prison 312 Report and Manual for Probation Officers League was first formed ; when the blue star was put into the white field the white field that stands for the purity of life the blue star that reminds you that on the darkest night the stars are still shining and that old motto I once again bring to my boys within prison walls. THE ONWARD LOOK. I know there is a great temptation and tendency when you find yourself within prison walls to look back and look down. "Ah," the man says, "if I only hadn't done this or that, if I only hadn't given way to the temptation, if I only had followed my better nature." But it seems as he looks out from within prison walls he is always looking backward regretting, regretting, re- gretting. And then he looks down and says, "It is a pretty hard road I have to travel." These days are awful long and dreary, and he spends his time repining over the past and lamenting over the present. If you are ever going to make anything of the future, it is time to look up and forward and forget the past; let your regret bring you to real repentance where you can say you are sorry for it, with a whole heart. Leave the past with God ; you cannot bring it back ; it is gone forever. Remember there is a power that can come into your life today and make it worth while. That today is the time to lay a new foundation ; that every man of you can turn these hours in prison to good account, and go out into the world of the future determined to make a new stand for an earnest, honest life. I remember when my little son, who is now a six-footer, and who has been with me some years in my work, when he was just a little fellow, it used to be a rather difficult business for me to take him to Xew York City, when he would cling onto my hand, and I used to find that his little feet would keep stumbling. And then I found the reason why. He was always looking at the things just past. He would keep his head twisted and I would call his attention and say, "You must not do that ; look where you are going." And he would say, "All right." And then a fire engine would pass and he would look and stumble again. And of course with his head one way and his body an- other, he would trip and stumble. And it is like some persons in this life; they are supposed to be walking ahead, but they are always looking back at the past, wishing for things they have had and done the old wretched hurtful past. \Yhat does the sailor do as he sets forth with his hand on the rudder or wheel? What would happen if he were always looking to see what ship was coming behind him or what was going on at the sides? The Report and Manual for Probation Officers 313 sails would flop over and the ship would lose its course. What does the sailor do? He looks ahead at the little flag at the mast- head that shows the way the wind blows and keeps the vessel headed true, making the most of the wind as he sails. What of the racer, the man who is trained and in condition for the track; what would happen to him if he would look to see if the man behind was catching up and looking down at the tan bark to see if anything was going to trip him up. lie, too, looks steadily ahead. Keep your eyes bent on the future, remember that all you do today is going to count in that future and make that future a success. MADE GOOD. And now I want to say a very practical word. I think you know, at least those of you who have read the Volunteers' Ga- zette, that I believe in my work and that it is essentially prac- tical. I have only been able to help you as God has enabled me to help. Over eight thousand men have come to me from State prisons and passed through only two of our homes, one in New York and one in Illinois, and of that number the larger per- centage have made good. I have always been able to say seventy- five per cent, have made good. Twenty per cent, more may have made good, but I have lost sight of them. Only about five per cent, of those who have passed through our homes have returned to State prison. Only last year my son came to me in my little office and said, "\Ye have been going very carefully over the books of record and find that you have underestimated ; over 87 per cent, of the boys who have been with us and gone out into the world are doing well today." So you can understand how I feel and how hopeful this work seems to me. And if it had not been for the practical work of finding work for men who wanted work and helping them and starting them and standing by them, this work would have long since fallen to the ground and been heard of no more. 1 have never wanted to get away from one strong, underlying principle, (rod's power working in man. I have never yet. either in print or in person, said, "Now, my dear friend, just believe and be- lieve and it will be all right." 1 have never said, "What is your creed? Accept my doctrine and all will be well." 1 have never tried to talk sentimental religion to anyone. 1 believe in that grand doctrine which says, "Rise up and work out your own salvation." Xo prison reformer, no aid from philanthropists, no sermons from your chaplain, not even God himseli can make a bad man good, unless lie rises up and says, "I am done with that 314 Report and Manual for Probation Officers wretched life of wickedness ; I am going- to stand for that which is good." That is the first step, the turning of the heart from evil, the turning to the right path, the leaving alone of the evil, wretched things of the past ; and then when the man has arisen and has taken his stand for God, He will come and help him. God can transform the heart of man today and remove the stain and impress of evil from it; his heart can be cleansed and made ten- der and pure by His power; the man whose sight is blinded by evil can have it restored to him ; the man who has been unable to walk in the straight path can be made to walk by the heavenly power of God. I don't want to get away from that truth. And now look here, boys, here is one that knows that however power- ful the friend who promises to help you when you get out, how- ever strong your will that you are going to work out your own salvation, and however strong the financial backing given you, if you go without this higher help of God you are bound to fail. You cannot reach that goal which should be the goal of every human soul without the aid of God's strength. A STORY WITH A POINT. My son recently told me a story which he had read in one of the magazines and which some of you may have read. It struck me as a story with a point. It was the story of a teacher who was giving a lesson in geography to a class of unruly boys, and in order that she might interest them, she was telling them of a good 1 traveler who was traveling in foreign lands, especially in the wonderful country of Italy, and of what he did in the an- cient city of Rome, and among other things made this state- ment : Every morning before breakfast he would swim three times across the Tiber. One little boy giggled at this and she asked him what he was laughing at. He said, "Teacher, I only wondered why he didn't make it four times and land where his clothes were." (Laughter.) Now, there are lots of people in life who are not practical ; they don't go far enough. They say, "Here is a man who is making a mistake in his life ; we will take him and teach him, cram his head full of knowledge and he will be all right." Another says, "No, it is his body that needs treat- ment. We will take him and diet him, put him on peanuts, and that sort of thing." But this will not do. They can get his physical body into splendid condition, but if his heart is wrong he will go to the devil with that strong body. .Boys, here's what I want to say to you. Look this question squarely in the face, have the courage to look into your own hearts and ask yourselves the question: Do I want to do right? Report and Manual for Probation Officers 315 Do I want to be good? Do I want to be upright? And if you find you do not want to continue in darkness bring your heart and mind and soul to God and let Him straighten your tangled life. And when you get out into the world you can send back words of cheer to those behind you "All is well, all is well." I have seen the men who have fallen short, and I have seen the men who have gone through and made good. And I bring you the news it is those who started right, who have learned their own weakness, and know from experience that the crooked way does not pay, have put their lives into God's hands and are will- ing to walk the straight path with His help, His grace and His strength. MY BOY. And now, comrades, another word I want to say. It pays a man to do right for his own sake, to say nothing of those who love him ; why not save yourself from future suffering, failure and punishment, by starting out right and keeping on the level? But I tell you, for the sake of your own dear ones it is a thousand times more important. I wish you could see what I have seen in this State of yours. I have been down south and I have met and spoken to thousands of people. And afterwards many of them came and shook hands with me. Among them was one good woman who got hold of my hand and clung to it, unable to speak just sobbed and I knew who she was. When they recover their voices it is always the story of a boy or husband who has just been sent up; and I take them to the back of the hall and sit down by them and when I see them shaking with sobs and with tears pouring down their cheeks, I say, "God help me to speak to these boys, so that they will remember this dear old mother, or loving wife and the promises made at the altar that they would protect her; and that they may come out of prison the kind of men that these loving, tender women would have them." I will tell you an incident that gave me a great deal of joy and happiness. It was one bright, summer day. f was going to Hope Hall. It was a holiday. Our Hope Hall is a beautiful farm situated about an hour from Xew York. On all the holidays the boys come home that is, those who can. and bring their wives and mothers and little children, and Hope Hall presents a very beautiful sight, with all this happy company gathered there on the wide green lawns and under the trees. The athletic graduates come back to beat the home team at baseball, and we have a silver cup for which they compete and there is a great deal of excitement on the ball grounds on these gala days. On this occasion I saw a young fellow helping an old woman off 316 Report and Manual for Probation Officers the train. She was evidently very feeble. He gave her his arm and brought her to my carriage and his face lighted up and he said: "Little Mother, let me introduce you to my mother." She took hold of my hands with her own shaking hands. She was losing her sight, and she said : "Are you really 'The Little Mother?'" I said: "Yes, I am." She said, "I want to thank you for my boy." (Applause.) She sat down beside me. and when we got to Hope Hall I watched that couple. He had been graduated, leaving the Home about a year before that day and his mother had never seen the home that was his starting place. He took her all over the place; he took her down through the great long dining-room, to the very table at which he sat, be- cause she wanted to see the very seat in which he sat ; then he took her through the parlors and out into the flower gardens ; he showed her the beautiful white pigeons, and the horses, and the cows, and the chickens and even to the pig-sty to show her the new litter of baby pigs. (Applause and laughter.) Then he took her up the stairs and showed her his room and his own little white bed ; and then he brought her back into my room where I was talking to some of the boys, and he strolled off to talk to some of the boys. She sat down by me and taking her hand in my own, I said : "Now, tell me, is your boy a comfort to you?" Her face brightened up and she smiled joyfully and said: "Indeed he is; yes, yes. Oh, Little Mother, I cannot tell you what a difference it has made to me. He is just as good and thoughtful as he can be." And when she poured out the story of what the boy had been and what he then was, the good and wonderful change that had taken place in him. my mind went back to what that boy had been the same old story, prison again and again, said by the self-righteous to be a hopeless crim- inal, through and through and I knew what power it was that had touched and transformed that life. A TRANSFORMED LIFE. After dinner we gathered in the parlor for a little meeting, before going to the ball grounds, and one or two of the boys who had gone forth, who were graduates of the 1 Ionic, in that little meeting gave their experiences. Xow, I do not believe in taking our boys and having them tell in public all about their past, marking them as prisoners. I believe when a man goes out of prison lie is a free man and all memory of the past is gone ; the world should know nothing about it; he should have a good square chance. P>ut on this day there was no one at Hope Hall, who was not connected with the prison I mean everybody had Report and Manual for Probation Officers 317 been there, or had clear ones there ; and one of these old gradu- ates talked to the other boys about their work and their lives, encouraging them with words of hope and urging them to be brave of heart and to remember the great law above them and to look forward to the unknown future. lie said, "Boys, I am not much of a speaker, but I can't let this chance go. I want to tell you all that God means to me. You knew me at Dana- mora, and knew me as an old-timer; you knew that I had been there over and over again, and I had never thought of the other and new life until my last time there in prison and I decided if I ever was to take my stand it was then, and I made up my mind to begin the new life and join the Volunteer Prison League, and I did, and I came out of prison and came to this Home and put my life entirely in the Little Mother's hands, and when I was graduated and went to my employer he knew all about my past and was willing to trust me and since then I have had three raises in salary and have had his trust and confidence and today I am foreman over 700 men and overseeing one of the most im- portant jobs in New York City, and have the trust of those who know me. God has enabled me to make good. I can't tell you what this means to me. but if you want to know what my life is today, there is my old mother; she can tell you." And I saw the tears coursing down his mother's cheeks and as she sat down I saw him slip his hand into hers and the poor old broken mother knew that her boy was making good ; as they sat there holding each other's hands the tears were falling and I wondered if there wasn't a rainbow in them. And as I looked at these two, I said to myself, "It is worth while; all the tens of thousands of miles I have traveled, all the money I have spent is worth while; all the misunderstandings we have had to live down it is all worth while for that one boy and his mother's heart: but I am not going to stop there; there are thousands of other boys and thousands of breaking mothers' hearts, and I want all those boys redeemed for the mother that bore them, who love them and believe in them." 1 cannot begin to tell you how many mothers have come to me. in my little office, and related their sad stories to me. and SOUK- who do know may think that the mothers would lose confidence and say : "( m. he is such a good for nothing, he has broken my heart and he has been so wicked, and has done so many things 1 told him not to do, and he does not love me." And is that true. J Ah. no! that is not what they say. They say: "Mrs. Booth, he is lots better than people give him credit for. and you know he was such a good little bov and was so handsome and had such 318 Report and Manual for Probation Officers a gentle heart ; and he had such a hard time at prison, and he can be anything 1 he wants to be, if he will only turn around and do right." This is the true mother eyes: they see all the good in him and try to protect and cover up all the bad. ADVICE FROM "LITTLE MOTHER." Now, boys, I say, for the sake of these mothers, and for the sake of these wives, who still love you, and for the sake of the dear little children who are crying for Papa, who has gone away, they do not know where, I say, rise up and be a man and prove to these dear ones that you are what they think you are. Come ! Reject the evil, give up the horrid thing, whatever it was, that bound you to the crooked ways, and however hard the fight may prove, fight it through like a man ; however difficult it may seem you can do it ; it is in your power to make your lives in the fu- ture what you will. You may say: "No, it is not in my power; I have lost my self will; I was a drunkard for so many years; I have lived in evil places for so long and have been under the influences of the Evil One for so long that it has spoiled my life, and so I cannot help it now." Oh, yes, you can ; take the little bit of will you have left and exercise it and hold the reins tight ; get back your own spirit while you are in prison ; make every day count ; do your work as well as you can ; hold your temper ; guard your lips closely from the wretched, evil, blas- phemous words ; cleanse your mind of the wicked thoughts that tempt you. If you do these things, with God's love and grace you can make good ; the future is yours ; the blessings of peace will enfold you and good fortune will smile upon you. If you realize what the building of the foundation meant, the founda- tion of a good and upright character, and what it would mean to you ten years hence, you would make this day here and now a starting point for the new life. THE HELPING HAND BETRAYED. I am reminded of an architect, famous for his skill and won- derful work, who had had a great business and many friends and had prospered. One day he found himself standing the wreck and ruin of bankruptcy; everything was slipping from him, his business was gone, his money was gone and all his fairweather friends had forsaken him ; he found himself down and out. Just at that time he received a letter from a chum of his boyhood days, an old school chum, who had also prospered, and w r as then a mil- lionaire. He urged and begged him to come to his office, that he wanted to see him, and this poor fellow, bowed down under his discouragements and failure, went to his friend. His old friend Report and Manual for Probation Officers 319 met him with the old-time hearty grip of the hand and sat and talked with him and said, "I sympathize with you and want to help you. Now, I think the most proper way I can help you is to give you a contract to build my house." Naturally, as things go in this world, the fact of his building this mansion for a mil- lionaire, the people's confidence would be restored. He said, "I know nothing about these things ; you draw the plans and su- pervise the work ; select what material you will need ; show me what you want and I will sign the checks. I will leave it abso- lutely in your hands. I will trust you." So the man went out very much cheered and drew the plans for this beautiful house and made the estimates for the materials for the building, the furnishings, the shingles, the mortar and brick, and all the other things that I do not know anything about. And when he had made all these plans and estimates there came temptation. There must have been a crooked streak in the heart. He said: "I have drawn these estimates and I am going to get the money for it. I can put in cheaper material ; I can get some things cheaper and can put just so much money in my own pocket and my friend will not know the difference." And that was what he did ; he built that house with the inferior material and fixtures and the work went on to completion. When the house was finished he took the key and went to the office of his friend and said: "The house is completed; my work is done." His friend turned to him, saying: "I now give you the key, my friend, go and live in the house. I meant it for you all the time." (Applause.) O, boys, boys, think of it. When that man, living in that house, saw the plaster begin to crack, the windows begin to rattle, the doors begin to warp, the floors begin to creak ; when he was confronted with his own shoddy, imperfect work, which his eye could detect, think of the condemnation before him ; he was the man who had to live in it ; his was the eye that was offended ; his was the heart that knew that he might have had the best that would have stood the test of climate and time. Instead of that, because of his crookedness of heart, willing to cheat his friend, he had to live in a house that was not sound, that showed his crooked way. ANOTHER CHANCE. Now, boys, that is a lesson that can be taken home. God says rise up, here is a chance; you have got life still, you have got strength in God, in spite of the evil and crookedness of the past, if you will only call on Him. Hut you say: "How can I do it? I am bankrupt; I haven't the will-power or strength." 320 Report and Manual for Probation Officers God says, Call on me and your weakness shall be made strength by me. You say, "I am blind." He says, "I will give you that which you need." You make the plans and go to him and he will give you what you need. And remember you are the man that must live in that house. If you go out of here the same man that you came in here, the same evil companions will lead you into the wrong road. If you go out of here with the same evil appetites, the same things will appeal to you, and before you are out an hour you will be down in the gutters of San Francisco and you will be saying, "Oh, what a fool I am." God says, "I will make a man of you if you will ; I will give you the strength ; I will raise you up." Now, dear comrades, it must be man working with man ; God working in man. Shall it be? Say, shall it? The world says: "No good thing can come from a prison." The world lies. Every man of you can go out with a good heart and a good pur- pose. I know there is difficulty in waiting; some of you will have a hard path. I have worked with you ; I know. Some of you boys will have to work hard to gain a competency, but it will prove a blessing to you. And I tell you this, every last man of you, whether you are educated or illiterate, rich or poor, blessed with good parents and a good home, or cursed with a wretched heritage from boyhood up, any man of you who will learn his lesson and earnestly give his heart to God and trust Him to lead you and to go to Him for aid, can begin at the bot- tom of the ladder right now and go up and up until the world will say, "He is a good man ; we can trust him." And, ah, boys, remember what that means to the poor fellow you leave behind you. The boys that go out make it easier or harder for the boys behind. One of my joys, yes, one of the chiefest joys, has been when one of my boys has been given a position where he has prospered he would come to me and say: "Now, Little Mother, let me help some other boy." And I can- not tell you how often the telephone has rung in my little office and they have said, "I want a good boy from Hope Hall ; send him along." The men I have gotten into positions of this sort say, "I have a chance to employ laborers, send me some boy that is down and out." and that docs my heart good and makes me feel that it is all worth while. A CLOSING WORD AND SONG. Now I must close this meeting, for there are lots of boys outside and I want to see them all. lUit before we part, I will give you my word that I will do all 1 can for you, will help you Report and Manual for Probation Officers 321 all I can. And when my train is carrying me back, back across the continent, I will leave some of my heart here with you and I shall pray to God daily that he may be ever near you and with you here in this prison to give you strength and courage to fight the good fight and some day we shall all meet again, if not here, hereafter. And I think sometimes if, when I get to Heaven, I don't see my boys there, I shall ask God to send me back, or down to the other place. (Laughter.) For it seems to me that I could not bear to be there without seeing those to whom I have given this message of hope and power, and to know that they have thrown it away and still clinging to the old wretched delu- sions and evils, had gone, despairing, down into the pitfalls of wreck and ruin. Now, just for a moment, I want you to bow your heads in prayer ; I want you to sing the old rallying song of the Volunteer Prison League, but before we sing, I want to ask are there any men here this morning who want to take the stand for the new life. I do not mean to join the V. P. L., although I would like for you to do this : I would ask that you stand up for the right. (Paused then pleadingly.) Are you sick of the old life? Are you sick of the crooked way? Do you want to do right? Are you willing to stand up, not only before me, but now, in God's pres- ence. Are there any who will take this stand? Can't you look back and see the face of your dear old mother whom you loved, who prayed over you in childhood and for her sake take your stand? (One by one the men stood up.) Let us sing this song with bowed heads. If there is any man who would take his stand, let him do so while we sing. (As the audience sang, "Nearer, My God, to Thee," other men arose.) 11 Probation and the Child By John L. Maile of the Probation Committee When parental life becomes seriously strained, or misad- justed to the breaking point, the child is bound to be a sufferer. If in such case parents are without resource, skill or controlling loyalty to the little ones involved, the latter must go along a sorrowful way. Often great peril to body and to mind is incurred. Suitable food and raiment may be wanting. Perhaps surrounding associ- ations are greatly demoralizing. Altogether the children of trag- edy in real life are as the craft that is stranded on the bar, or is impaled in the rock-bound surf. To save children from ancestral disaster is the province of probation work. In the year 1903 this form of philanthropy was established by law in Los Angeles county under the administra- tion of Judge Curtis D. Wilbur. Large progress has been made in the protection and guidance of child life. The great range of facts adduced in this volume amply proves this assertion. Our juvenile court and its adjuncts is performing alert and comprehensive service for parents and children who are in need of supervising care. The Board of Supervisors generously inter- prets in terms of financial support the desire of the tax-paying public that the socially unfortunate or erring members of society shall be given a renewed chance. In Juvenile Hall, which is a new building of generous dimen- sions, a real home life is being successfully developed. Obedi- ence, cleanliness, order, schooling, manual training and house- hold arts are being developed, while gardening and other out- of-door activities are practiced. Think for a moment of the value to the individual and to society of wholesome juvenile life. Care-worn adult life is in need of the friendship of a child for its own renewal and refreshment. In the beginning artless, honest, sincere, with no diplomatic reservations, the little one carries his heart on his sleeve to those who have obtained his confidence and we prize the numberless unstudied ways of the working of the child mind and imagination. Thus we are taken back to the forgotten realm of our own childhood and by the re- mainder may be renewed in the spirit of our mind. True to nature and the laws that should govern the human JUDGE GEO. H. HUTTON Now presiding- in Department 11, to which criminal cases are assigned Report and Manual for Probation Officers 323 soul was the Great Teacher who said of the little child, "Of such is the kingdom of heaven." What sacrilege is committed in the wrongs visited upon helpless children and how appealing to our sense of right are their physical and moral necessities. The social ministry involved in probation work brings to both parent and child the helping hand in the time of break-down and in the spirit of compassion gives a renewed chance to make good in life's strenuous battle. Who does not see that a new spirit has come into modern munici- pal life? Probation for the Insane * By Judge George H. Hutton Now Sitting in Department I I Hearing Criminal (Jases For several years it was my duty as well as my privilege to relieve Judge Wilbur during the summer vacation and at other times and act as judge of the juvenile court for him at his request. During these periods I learned the value of probation work as I had never realized or known before. When I took charge of the Insanity Court, May 1st, 1911, I immediately began to invoke the principles so successfully carried out in the juvenile court, and applied those principles to nervous cases that were brought before the Lunacy Commission. The result has been that dur- ing the first year of the operation of this work, sixty-five women have been successfully handled on parole. This means that sixty- five women bordering on mental disorder, but not yet arrived at that stage, have been cared for, protected and cured, and saved from the horrors of a lunatic asylum. It means that their rela- tives and families unto the third and fourth generations have been spared the knowledge of a relative who has been in a lunatic asylum. This work is in its infancy. It has been carried on by the Psychopathic Parole Society, a product of the Federa- tion of Women's Clubs, actively handled by Mrs. H. C. Stock- well, Mrs. O. P. Clark, Mrs. Slater, Mrs. Baurhyte, Dr. Park and Mrs. Jean G. McCracken. I believe that every social organi- zation, whose object is the betterment of mankind, should take a keen interest in the work of parole, and do its share in further- ance thereof. "f can claim on my side that if I realize what I have suffered, society should realize what it has inflicted on me; and there should be no bitterness or hate on either side. OSCAR WILDC, de Profundis The Juvenile Court plan will never be abandoned, but it is by no means the last word in juvenile improvement or criminology. I look forward to see Y. M. C. A. secretaries, physicians, school teachers, playground officials, so educated, that with new equipment, children will be so treated with the "ounce of prevention" that the "pound of cure" will be unnec- essary in most cases. JUDGE WILBUR, Willovobreok Address Index Adult Probation Law, Sec. 1203, Penal Code (Seejuvenile Court Law as to Probation up to 18; also from 18 to 21 in certain cases.) All cases where court has discretion as to punishment 225 Procedure Application 225 Referred to Probation Officer or not 225 Investigation by Probation Officer 225, 228 Report by : 228 Hearing on notice 225 May suspend sentence 225 Or execution 225 Term not to exceed maximum term of sentence 225 But see Adult Contributory Case, Sec. 26 64, 224 Bond may be required, Sec. 26 64, 228 Bond may be exonerated, Sec. 26 64 Probation officer to have supervision 226 In cases of fine with alternate imprisonment 226 Written instruction to be furnished probationer 228 Procedure for revocation of probation 226, 239 May arrest without warrant 226 Revoked in what cases 226 Term may be extended instead of revoked 89 Procedure in case of successful probation 227 Court may terminate at any time Court must allow defendant to withdraw plea or must set aside conviction, if probationer has been faithful 229 Probation Officer of County serves in every court 227 Probation conditions usually imposed 234 Adult Probation, suggestions by New York Commission 224 Abandoned Children 177 Policy concerning 177 Actors, Children under 16 not to be employed as Sec. 272 P. C 154 Employers guilty of misdemeanor 154 Parent or guardian permitting guilty of misdemeanor, Sec 272 P. C 154 Adenoids 40. 44. 53 Advice from "Little Mother" to convicts 316 Adult Contributory Law, Sec. 26, Juvenile Court Law 89. 110 Adult Contributory Law adopted from Colorado 64 326 Report and Manual for Probation Officers Adult Probation, introduction 40, 60, 70, 85, 224, 233 Adult Probation Law (for person over 18) 225 Adult Probation Statement by Judge Frank R. Willis Some results of Adult Probation 233 Statement by Judge Paul McCormick Adult Probation in Los Angeles County 237 Opinion by Judge Wilbur denying Probation People vs. Ruby Casselman 229 Statement by Judge Curtis D. Wilbur 60 Statement by A. C. Dodds 258 Cost of, compared 247, 261 Failures, percentage of 40, 259 Specific instance related 240 Adult Probation in Justices and Police Courts 70 Adult Females under 21 77 Adult Department created 85, 86 Adventure, Spirit of in Boys 210 Aim of Juvenile Court Law Stated by Supreme Court 90 Alcohol 201 Ambition Stimulated 117 Another Chance 317 Aphorisms by the Judge 168, 173, 174 Aphorisms by the Probation Officers 169, 170 Aphorisms by the Physician 171, 172 Appointment of Probation Officer, System Discussed 84 Arrests, Powers of Probation Officers 56, 93 Auble> Capt. Assassination of 33 Attorneys in Juvenile Court (See Lawyers) 79 Attorneys are Helpful 80 Expense of Saved 79 Attorneys' Examination of Witnesses by Judge 80 Attorneys May Examine Probation Officers' Reports 81, 228 Attendance Officer. In Districts Having 600 Children Sec. 4, 157 Salary of Sec. 4, 157 Number of Sec. 4, 157 Cells, Separate Needed 36 Child Labor Law, Enforcement Address 190 Cigarettes 27, 61, 100 Contributing to Delinquencies or Dependency by Adults 110 See Adult Contributory Law. Corporal Punishment 23 Story Concerning 23 Cottage System of Orphanages, Good but Expensive 187 Report and Manual for Probation Officers 327 Cost to State of Dependency 178, 179 Crime Easy 34 Crime Problem, One of Pathology 184 Criminal Cases in Superior Court, Persons Over 18 77 Criminals, Caught Ones Are 52 Criminals, Not Caught 52 Criminals, All Are 34 Bad Boy Who Made Good, Story of 102, 103 Bail, Not Required Unless Necessary 94 Bail, When Not Required, Rule 15 94 Baltimore, Wages of Prisoners in 47 Ballad of Reading Goal 36 et seq. Barbarity of Common Law, Concerning Children 15, 18, 118. Barrows, Sam J 207 Address by 41 Befriending Boys, Difficulty 97 Betrayal of Helping Hand 316 Blind Children Must Go to School Sec. 10, 165 Blue Law, Concerning Incorrigible Children 17 Board of Examiners (State) 178, 182 Board of Health (State) 184 Booth, Maud Ballington, Address by 306 Boys, Addresses to By Gov. James N. Gillette 112 By Judge Joseph W. Hughes 123 By Judge Frank J. Murasky 114 By Judge Curtis D. Wilbur 118 Boys, Good and Bad 119, 284, 285 A Live Problem 197 Boys' Building 115 Physical Basis for Irritability of. Address 283, 297 Boys, The State's Little Brother 115 Be 1 lonest and I lappy 116 Byram, Mrs. Frances H. Assignment of. Rule 12 93 Caught Criminals 52 Capital Punishment 33 California Juvenile Court Law Operative Throughout Entire State.. 18 California and Her Dependent Children 177 Cause of Dependency and Delinquency (See Children). Cause of Dependency and Delinquency 22, 99 Character Building Slow 121 Child Labor Law Helpful 205 Chicago Juvenile Court 44, 299 328 Report and Manual for Probation Officers CHILD LABOR LAW. (See Also Labor Child Law.) Actors, Sec. 5 153 Arrested and Turned Over to School Authorities, Sec. 1 166 Bureau of Labor Statistics, Sec. 3, Page 152, Sec. 6 153 Child Under 12 Not Allowed to Work in Certain Places. Sec. 2.. 148 Child Over 12 and Under 15 Years of Age in Cases of Sickness of Parent Permit Issued by Judge of Juvenile Court. Sec. 2. ..148 Permit for Child Under 15. Sec. 2 149 Permit to be Kept in File. Sec. 2 149 Inspection, Open for, by Probation Officer and Attendance Offi- cers. Sec. 2 149 Inspection to be Ordered by Magistrate if Refused. Sec 2 149 Child Over 12 May Have Vacation Permit. Sec. 2 149 Vacation Permit by Principal, Vice Principal or Secretary of Board of Trustees or Board of Education. Sec. 2 149 Form of. Sec. 2 150 Child Under 16 Cannot be Employed During School Hours if Il- literate. Sec. 2 150 Unless He Attends Night School. Sec. 2 150 Child Over 15 Required to Have an Age and Schooling Certificate. Sec. 3 150 Duplicates to be Filed. Sec. 3 151 Who May Issue. Sec. 3 150 Misdemeanor to Issue False Certificate. Sec. 3 152 Misdemeanor for Employer to Disobey Law. Sec. 4 153 Statistics to be Filed with Bureau. Sec. 3 152 Child Under 18 Not Allowed to Work Between 10 P. M. and 5 A. M. Sec. 2 148, 155 Labor Limited to 9 Hours Per Day Under 18 Years. Sec. 1 149 Labor Limited to 54 Hours Per Week Under 18 Years. Sec. 1..149 Labor Limited to 9 Hours Between 5 A. M. and 10 P. M. Sec. 1 149 School Attendance Required Until Permit or Age and Schooling Certificate Issued.' Sec. 3a 152 Child Quitting Work for a Week, Officers Issuing Permit to be Notified. Sec. 3a 152 Attendance Officers to be Notified. Sec. 3a 152 Labor Prohibited Over Nine Hours Manufacturing Establishment. Sec. 1 148 Mechanical Establishment. Sec. 1 148 Mercantile Establishment. Sec. 1 148 Other Places of Labor. Sec. 1 148 Labor Prohibited When Under 15, Kinds of. Sec. 2.. ..148 Report and Manual for Probation Officers 329 Labor Not Prohibited Agricultural, When Schools Not in Session. Sec. 5 153 Domestic, When Schools Not in Session. Sec. 5 153 Horticultural, When Schools Not in Session. Sec. 5 153 Viticultural, When Schools Not in Session. Sec. 5 153 Actors Otherwise Permitted May Continue Up to 12 P. M. Sec. 5 153 Child Labor Law and Its Enforcement Decision on 196 Address by State Labor Commissioner 190 Children, Age of Under 7, Not Responsible Criminally 11 Under 8, Cannot be Sent to Reform School. Sec. 20 144 Under 14, Strong Presumption of Innocence 11 Under 14, Cannot be Sent to State Prison 144 Under 16, Cannot be Sent to Jail Until Convicted. Sec. 24 145 Under 16, Must be Kept Separate from Adults in Jail 145 Under 18, Must be Tried in Juvenile Court. Sec. 17 141 Under 21 and Over 18, May be Tried in Juvenile Court 77 Or Criminal Court 77 Under 12, Cannot Labor 148 Under 15 and Under 12, Labor Permits by Juvenile Court Judge. 148 Under 16 and Over 15, Labor Permits by Board of Education .. 150 Over 12, Vacation Permits 149 Under 18, Hours of Labor 148, 155 Children, Sending for Runaway. Rule 13 . 93 Training in Juvenile Court , 98 Children, Attitude Toward Juvenile Court 6, 16, 22 Children, Each a Separate Problem 101 Children's Respect for Law 16, 22 Children Not to Blame 19, 40 Children, Institutionalizing of 105 Children, Disobedient and Dependent 60 Children, Saved from Jails Children's Home Society Church and Sunday School 202, 217 Citizens, Importance of Good Circumcision . .99. 288. 2SO Citizenship, Restoring to, After Probation Classifying Children, Fallacy of 1 19. 288, 289 Classifying Men, Fallacy of Cocaine, Messenger Boys Users of Colorado, Adult Contributory Law Adopted by California.. Constitutionality of Law. . .61, 62. 70 Cost of Two Los Angeles Degenerates 231 330 Report and Manual for Probation Officers Cost of Sin An Address 243 Court Orders, see Orders. Criticism of Law, Judge and Court 74 Under 14 in Juvenile Court, Percentage Under Law of 1903-7. .. .221 Compulsory School Law Helpful (see Special Index post) 205 Convict's Letter Asking for Parole, Amusing 42 COMPULSORY SCHOOL LAW.** Age Required to Attend Eight to Fifteen. Sec. 1 155 Excuses Attendance at Private School Excuses. Sec. 1 156 Being Tutored or Taught at Home. Sec. 1 156 Certificate of Physician. Sec. 1 156 If Bodily or Mental Conditions Render Attendance Unwise How Excused. Sec. 1 156, 159 School Two Miles Away Excuses Completion of Grammar Course Excuses. Sec. 1 156, 159 Storm. Sec. 1 156 Deaf, Dumb and Blind Children Send to State Institution 5 years. Sec. 10 165 Parent May be Fined and Imprisoned. Sec. 2 157 Parent Unable to Compel May File Affidavit. Sec. 1 156 Parental School, Now Established Sec. 7 161 Sec. 8 163 Parental School, When Assigned to. Sec. 1 156 Parental School, When Committed to. Sec. 6 159, 160 Parental School, Established How. Sec. 6 159 School Board, Clerk, or Secretary to Prosecute Parent. Sec. 3 157 Truant Defined. Sec. 5 157 Adjudication Only (See Juvenile Court Law) 189 Constitutionality of Juvenile Court Law 60, 61, 70 Conaty, Rt. Rev. Thomas J., Address by 209 Crime, Easy 34 Crime, What Is 34, 35 Crime, Forces Tending to An Address 209 Criminals, Wicked and Kind Hearts 33, 39, 308 Defined 34 ! olsom Break 34 Clothing on Release 38 Is a Man for All That 308 Dangerous Men, Who Are 210 Deaf and Dumb Children Sent to School. Sec 10 165 Decree Declaring Dependency or Delinquency 76 Dependency Defined Under Law 1903 12 Report and Manual for Probation Officers 331 Defined Under Law 1905 20 Defined Under Law 1911 63 Disobedient Children Are 60 Denver Juvenile Court 205-298 Detention Home (See Juvenile Court Law) Described as Juvenile Hall 261 Looked Forward to 18 Not to be Detained in Without Order of Court. Rule 14 94 Reports Concerning 260 Differentiation in Treatment of Boys for Same Offense 102 Discretion of Judge in Child Placing 105, 106 Discrimination in Treatment, Story of 102 Disgrace, Is it to be in Juvenile Court 52 Dismissal of Probation Officers for Disloyalty 74 Disobedience Is Incorrigibility. Law of 1909 60, 61 District Attorney in Juvenile Court Advice as to Filing Petitions 81 Draws Petitions in Juvenile Court 81 Presence Necessary in Contested Matters 81 Probation Officers to Assist in Adult Contributory Cases 81 Deaf and Dumb Children Sent to School. Sec. 10 165 Death Penalty for Incorrigibility 17 Death Penalty, Cases Involving, Juvenile Court no Jurisdiction (1903) 19 Death Penalty, Cases Involving, Juvenile Court Now Has Jurisdiction. Defective Children, Public School and 27 Defective Homes 53 Delinquency, Causes of 53 Delinquent Children (See Special Juvenile Court Law Index Subhead Delinquent Children) Defined 19 Addresses to 52 Physical Defects of 53, 297 (See Physical, etc.) Physical Defects, Operations for, the Law 53 Physical Defects, Operations for, Effect of 289, 297 Delinquent Children. (See Special Juvenile Court Law Index.) Delinquent Children (a coined phrase) 17 Delinquent and Dependent, Little Difference Between 20 Delinquent, Decree Declaring Child a 76 Dependent .Child, Definition of 176 Dependent Child Cared for by State 177 Degenerates, Cost of Two to Los Angeles 231 Dodds, Capt. A. C, as Chief Probation Officer 20S. 2(K). 210 Report of Dec. 1, 1903, to Dec. 1, 1910.. ..258 332 Report and Manual for Probation Officers Economic Motive in Reform 47. 108 Economy and Cost 29, 108, 124, 231, 235 Education, See Schools, Truants, Morals 243, 244, 247, 261 Education, Religious Necessary 73 Eighteen, Persons Over, How Prosecuted 77 Encouragement to Boys 113 England, Progress in Reformation Work 124 Environment, Children Better Than 40 Environment, Children Reformed in Their Own 200 Escaped Children, How Brought Into Court 76 Evolution from Juvenile Court 1 1, 97, 299 Examination of Witnesses by Juvenile Court Judge 80 Examination, Physical. (See Physical Examination.) Expedition of Hearings 80 Expulsion from Public Schools 25 Expense. (See Economy, Cost) 231 Extension of Probation Period 89 Eyes, Irritability Caused by Defective 288 FALSE NOTIONS CONCERNING JUVENILE COURT. False Notions Concerning Juvenile Court Court of Honor 97 Disgrace to Child 52, 96, 97 Fad 7, 1 1 Judges Duty to Avoid Advice 101 Not a Court at All 100 Too Much Power 107 Fees, None in Juvenile Court 70 Fees, None in Compulsory Education, Truancy Cases. Sec. 6 161 Felony Cases, Number of in Juvenile Court 95 First Offenders, Who Are 54 Floater or Suspended Sentence 71 Foundlings, Care of 181, 182, 184 Neglect of 182 State Did for 182 Folsom State Prison 261 Forgiveness 98 Fresno, Only County Orphanage at 185 Friend, State a 22 Future of Juvenile Court, Problem Stated ' 96, 97 Gambling House, Children Not to be Sent to. Sec. 273f 155 Gates, W. A., Address by 49 Girls' Examination of as Witnesses, by Judge 80 Girls' Examination by Woman Physician 81 Report and Manual for Probation Officers 333 God, Responsibility to Should be Taught 72, 214 Good in the Worst of Us 1 19 Graphic Records of Children, How Kept 54, 89 Sample of Good Graphic Record 88 Sample of Bad Graphic Record 88 Growth of Work of Juvenile Court in Nine Years 95, 108 Habits, Good as Well as Bad 54 Half Orphans. (See Orphans, Dependent Children) 178 Hereditv Not Decisive 122 History of Child Labor Law 190 History of Adult Probation Law 233 History of Juvenile Law in California 11, 12, 1 18 Historv of Juvenile Law in Los Angeles County 205 A Look Forward 1 1 , 97, 299 Features of Juvenile Court Law 13 Humane Law, Foundation of ) Juvenile Court Law \ 12, 13 Legislation Traced ) New and Old Contrasted 5, 15, 22, 118 New and Old Contrasted Adult Probation Law 233, 237 Nine Years in Juvenile Court 95 Non-partisanship 67 Old Law Evaded to Save Children 5, 11 Old Plan, The 5, 11, 12, 15, 17, 18, 22, 32, 34, 118 Specific Instance 5 Work Under Law of 1903 as Reported to Governor 8 Homes, Defective Home, Percentages 7 Homes, Defective 20, 27 Homes, Neglected 214 Homes, Children to be Kept in Their Own. Home Finding 87, 104, 185. 204 Home Finding as Against Orphanages 185 Honor, Court of 97 Honor, Placing Children on, Discussed 98. 1 11 Hope Hall 313 Hospitals for Defective Children Humane Society . .24, 204 Law of 1877, Foundation of Our Juvenile Court Law And Juvenile Court Co-operation with Hunsaker, W. J. Introduction by Illegitimate Children Healthy Parentage of Incorrigible Children. (See Children.) 334 Report and Manual for Probation Officers Incorrigible Children 17, 20, 53 Incorrigible Criminals 237 Indeterminate Sentence 44, 45, 124, 213 Immoral Places, Children Under 18 Not to be Sent to 155 Insane Patients, Probation for. By Judge Geo. H. Hutton 323 Institutions Probation Officers to Avoid Expense of When Possible 72, 104 Probation Officers, Duties as to Children in 75 Children In, How Brought Into Court 76 Institution Is Home 104 Institutionalizing of Children 104, 187, 200 Instructions to Probation Officers in 1909 56 Instructions to Probation Officers in 1912 75 Instructions to Probation Committee as to Nomination of Probation Officers, 1911 66 (See Probation Officers.) Irritability of Children 273, 279 Irritability of Boys, Physical Basis for, Address 283 Jails, Empty Profitable 36 Jails. (See Juvenile Court Law (Index.) Jails, Inadequate 36 Jails, Children Not to be Placed in Without Order 94 Jails and Probation Contrasted 232 Jordan, Dr. David S. to Whittier (Reform) School Cadets 29 Judge of Juvenile Court. (See Juvenile Court Law in Index.) Commended 208 Duty of 59, 83, 101, 107, 126, 127 Delegates Power of Nomination of Probation Officers to Proba- tion Committee 266 Examination of Witnesses by, Advantage of 80 Examination of Witnesses by, Disadvantage of 80 Friendship of 55 Loyalty to 74 Personality of 32, 48, 59 Selected Law 82, 131 Judge, Aphorisms by 168, 173, 174 Judge Juvenile Court, Advice Should Not be Asked 81, 101 Judge, Probation Officers Not Send Persons to 82 Appeal to from Decision of Probation Officer 83 And Probation Office Generally 83 Difficulties of Judge's Problem 100 Judicial Determination Before State Aid Advisable 179 Judgment, Effect of 75 Jury, Conviction by Three-fourths Advocated 206 Report and Manual for Probation Officers 335 Justices of Peace, Act as Juvenile Court Judges Under Law of 1903 21 But Not Now (Note) 21 Juvenile Court, Probation Officers' Impressions of 265 Juvenile Court, First Adopted in Chicago 44 False Notions Concerning (Not a Fad). (See False) 11 Spread of Idea 44 With Special Reference to Its Ramifications (an Address) 200 Juvenile Court Law. (See Special Index, Post.) See History of Juvenile Court Law. Spread of Juvenile Court 118 Juvenile Hall, Los Angeles County, Described 261, 263 (See Detention Home, Parental School.) JUVENILE COURT LAW OF 1911. Adult Contributory Law. Sec. 26 146 Appointment of Probation Committee. Sec. 6 133 Appointment of Juvenile Court Judge by Judges 131 Appointment of Probation Officers 138 Arrest, When. Sec. 4 132 Board of Supervisors To Provide Detention Home. Sec. 25 145 To Maintain Detention Home. Sec. 8 134 To Appoint Superintedent and Matron. Sec. 25 145 On Nomination. Sec. 25 145 Citation, How Issued and How Served. Sec. 4 131 Who Served Upon. Sec. 4 132 Committee. (Sec Probation Committee.) Construction of Law. Sec. 27 146 Contempt, Disobedience of Citation Orders 132 Contributing to Dependency and Delinquency of Children. Sec. 26. ..146 Criminal Cases, Discretion to Trial as Juvenile 141 Delinquent Persons All Persons Under 21 Committing Crime. Sec. 1 131 Psychopathic Parole Society 323 Probation and the Child. By John L. Maile 322 All Persons Under 21, Over 18, How Treated. Sec. 18 141 All Persons Under 21, Over 18, After Conviction. Sec. 18 141 Under 18 Brought Before Justice Court. Sec. 16 139 Certified to Superior Court. See. 16 139 Concurrent Jurisdiction Between 18 and 21 Years. Sec. 17 and 18 140. 142 Discretion of Court in Disposing of. Sec. 5. Sec. 18. Sec. 20 ..132, 141, 142 336 Report and Manual for Probation Officers Exclusive Jurisdiction in Juvenile Court Under 18. Sec. 16, Sec. 17 139, 141 If Found Over 18, May Be Returned. Sec. 16 139, 140 May Be Sent to State Schools. Sec. 5, 18, 20 132, 141, 142 May Be Sent to Private Institutions. Sec. 5, 18, 20 132, 141, 142 May Be Sent to or Placed in Homes. Sec. 5, 18, 20 132, 141, 142 Dependent Children, Who Are All Persons Under 21 Who Are. Sec. 1 129 Bad Associates, Sub. 8, 9 130 Beggars, Sub. 1 and 2 129, 130 Destitute, Sub. 6, Sub. 13 130 Disobedient, Sub. 11 130 Drunkard, Sub. 15 130, 131 Father Dead and Child Destitute, Sub. 13 130 Father Drunkard and Child Destitute. Sub. 13 130 Father Abandoned and Child Destitute, Sub. 13 130 Father Dead and Child in Danger, Sub. 13 130 Father Drunkard and Child in Danger, Sub. 13 130 Father Abandoned and Child in Danger, Sub. 13 130 Father and Mother Unable to Support, Sub. 13 130 Father and Mother Dead and Child in Danger, Sub. 13 130 Father and Mother Dead and Child Destitute, Sub. 13 130 Guardianship Children Without, Sub. 5 130 Habitual User of Opium, Cocaine, Morphine, Cigarettes, Drugs Sub. 15 131 Habitual Truant Under Compulsory Education Law, Sub. 14 130 Sec. 5 158 Homes Unfit, Sub. 7 130 Incorrigible, Sub. 12 130 In Danger From Any Cause, Sub. 16 131 Over 14 and Refuses to Attend School as Directed by Parents, Sub. 14 130 Saloon and Pool Room Loungers, Sub. 10 130 Vagrants, Sub. 3 130 Vagrants, Wandering, Sub. 4 130 Expenses Probation Officer, How Paid. Sec. 10, 11 137 Probation Committee, How Paid. Sec. 12 137 Dentention Home Committee, How Paid. Sec. 25 145 Maintaining Children on Probation. Sec. 21 144 Parents to Pay Expense of Children. Sec. 21 144 Maintaining Children in Institutions. Sec. 21 144 Fees, None for Filing Petition. Sec. 3 131 Hearing Summary. Sec. 4 132 Disposition Pending Hearing. Sec. 4 132 Private, When. Sec. 23 ..145 Report and Manual for Probation Officers 337 Indictment of Information in Case of Person Over 18 and Under 21 Sec. 18 141 May Be Dealt With, Is Delinquent or Dependent Before Con- viction. Sec. 18 141 Or After Conviction. Sec. 18 142 Incorrigible, a Dependent. Sec. 1 130 Incorrigible, After Committment. Sec. 20 143 Jail, Children Under 16 Xot to Be Sent to, When. Sec. 24 145 Jail, Children Under 16 Xot to Be Sent With Adults. Sec. 24 145 Judge of Juvenile Court, How Selected. Sec. 2 131 Judge of Juvenile Court, When to Act as Committee or Magistrate Sec. 20 143 Jury Trial, How Avoided, Person Between 18-21. Sec. 18 141 Marriage, Effect of on Probation. Sec. 20 143 Notice 24 Hours. Sec. 4, Sec. 17 132, 140 Notice, Who Entitled to. Sec. 4 132 Oath of Member of Probation Committee. Sec. 6 133 Orders Pending Hearing. Sec. 4, Sec. 19 132, 142 Final Orders. Sec. 5 132 Disobedience Contempt. Sec. 4 132 Committment to Private Person 132 Committment to Whittier 132 Committment to Preston 132 Committment Until 21 132 May Be Modified. Sec. 5 132 For Payment by County ) Good for Six Months Only j ' Probation Committee Members Appointed by Juvenile Court Judges. Sec. 6 Term of Four Years. Sec. 7, Sec. 6 133 Term Fixed by Court. Sec. 7 133 Vacancies Filled by Judge's Appointment. Sec. 6 Vacancies Filled for Unexpircd Term. Sec. 7 ..134 Citizens of Good Moral Character. Sec. 6 133 Good Moral Character. Sec 6 133 Duty to Examine Into Institutions When Ordered. See. 8 134 Examine All Institutions Annually. Sec 8 To Exercise Supervision Over Children \Vlu-n Directed by Judge. Sec. 8 134 Or Probation Officer. Sec. 8 134 To Advise the Court When Changes Xeeded in Order Concern- ing child. Sec. 8 134 338 Report and Manual for Probation Officers Manage Internal Affairs of Detention Home. Sec. 8 134 Nominate Probation Officers to Judge. Sec. 13 137 Nominate Officers of Detention Home. Sec. 25 145 Compensation, to Serve Without. Sec. 9 134 Traveling Expenses Allowed. Sec. 9 134 Probation Officers See Probation Officers Appointment of. Sec. 13 137 On Nomination of Probation Committee. Sec. 13 137 Expenses of, Paid on Order of Judge. Sec. 12 137 Devote Entire Time to Work. Sec. 13 137 Paid Probation Officer Not to Be Candidates for Office. Sec. 13.. 137 Not to Be Related to Judge or Committee. Sec. 13 137 Duty to Investigate. Sec. 15 137 Duty Not to Investigate Children in Approved Institutions. Sec. 15 137 Powers of Peace Officer. Sec. 15 137 Powers of School Attendance Officer. Sec. 15 137 Chief Probation Officer to Direct. Sec. 15 137 Bringing Children on Probation Before Court. Sec. 15 137 School Attendance Officer. Sec. 15 137 Procedure Where Proceedings Started in Justice Court, Person Under 18 Years of Age. Sec. 16 139 To Be Certified to Juvenile Court. Sec. 16 139 Form of Certificate. Sec. 16 139 To Be Returned to Justice Court When. Sec. 16 139, 140 Disposition Pending Hearing. Sec. 16 139 Conclusive Determination of Age Where. Sec. 16 139 If Between 18 and 21 Juvenile Court May Retain. Sec. 16 140 Procedure Where Juvenile Court Determines Person Not a Fit Sub- ject Under Act. Sec. 16, Sec. 17 140, 141 Records of. Sec. 2 131 Warrant When and How Issued. Sec. 4 132 Whittier and Preston State Schools Committments to. Sec. 5, page 132; Sec. 20 143 Laws Concerning, How far Continued in Force. Sec. 28 147 Contagious Disease, Person Suffering From Not to Be Sent to Sec. 20 144 Children Under Eight Years Not to Be Sent to. Sec. 20 144 Kindness See Probation Officers Klamroth, IT. H., Chairman Pro. Com., Address by 208 Labor, Child Law See Child Labor Law Index Labor Permits Under Child Labor Law When Granted by Juvenile Court Judge 82 Legislation Needed 206 Report and Manual for Probation Officers 339 Length of Probation Term Permissible 87, 89 Length Under Adult Contributory Law 89 Letter, Amusing Letter From Convict Asking Parole 42 Legislation Leading Up to Juvenile Court Law in California 12, 13 Leniency, Is the Law too Lenient Discussion 9 Liberty 33, 42 Preserved by Law 33 Lindsey, Judge Ben B 16, 32, 65 Life Imprisonment for Incorrigible Criminals Advocated 207 Livitical Law, Concerning Incorrigible 17 Lord's Prayer by Convict (Poem) 236 Loyalty of Probation Officers to Court and Law 73 Love for Prisoners and Probationers 48, 98 Law, Strong Arm of to Punish and Befriend 22 Lawyers in Juvenile Court 79 Helpful 16 Law, Purpose of as to Misdemeanors 78 Law, Enforcement of Laws Concerning Children 205 Law, Enforcement of Laws Essential 220 Los Angeles County, Saving by Juvenile Court 247 Los Angeles County, Cost of Reform School Committments 264 Making Good, Ex Convicts Are 311, 315 Malnutrition in Delinquents 99, 184 Medical Side of Juvenile Court Work (Address) 295 See Physician, Physical Midwives 183 Misdemeanors, in Country, Law of 191 1 78 Messenger Boys 52, 53 Messenger Boys and Delivery Boys Not to Be Sent to House of Prostitution, etc. Sec. 273 155 Methods Generally 72 Close Supervision in Difficult Cases 72 Of Appointment of Probation Officers 73 Of Bringing Children Into Court Krom Institutions 76 Of Child Training 98 Merit Appointment of Probation Officers on 73. 84 Retaining Position by 73 Dismissal on 74 Modification of Orders, How Secured 75. 76, 82, 83 Written Application for 79. 82. 83. 91. 92 Moral Turpitude, Measuring 1"2 Moral Education Essential; Address.. 212, 216 340 Report and Manual for Probation Officers Moral Conduct and Physical Defects 271 Mother (See Parents, Children), Bad 27, 110 New Haven Colony Law Concerning Incorrigible Children 17 New York Foundling Asylum Commended 183 New York City Juvenile Court, Physical Examinations in 298 Novel Reading, Effect of 54 Nourishment 99, 270 Nourishment to Foundlings 183 Nourishment to Foundlings 184 Nourishment and Teeth 281 Nourishment, Cases Showing Effect of Poor 289 Nourishment, Effect of Poor 295 Obscene Literature, Concerning 54, 58 Offenders, First, Who Are 54 Offenders, First, Reformatory for 49 Operations, Surgical, Under Law 53, 54 Orders of Court Modification of 75, 91, 92 To Probation Officers 83 Orchard, Harry 34, 1 19 Orphanages and the State 177, 179 Statistics Concerning 179 Orphanage, One County, at Fresno, Cal 185 Orphanages Necessary 185 Parents Defection 26 Neglect Children 211 We Can't Rely Wholly on 26 Want Help 7 Consent of, Essential Under Law 61, 70, 107 How Obtained 61 Co-operation Essential 61, 68 Encouraged to Support Children 72 We Are Dealing With Parents of Tomorrow 109 Of Illegitimate Children, Class 181 Patience Necessary 64 Peace Officers, Co-operation With 65, 70, 76 Peace Officers Opposed to Probation 238 Petitions Prepared by District Attorney 76 Or Probation Officers 79 Petitions, Who May File 131, 140 Must State Facts 131 Physical Defects, Does Correction Correct Moral Conduct 271 Examination 99, 262, 270, 296, 298 Report and Manual for Probation Officers 341 Defects, What Are Common 292 How Dealt With Elsewhere 298 Only by Consent of Parents 81 Girls by Women Physicians Only 81 Need of 81, 185 Physician, Aphorisms by 171, 172 Report by 269 Play Grounds 195 Private Hearing When Requested Sec. 23 145 Problem of Juvenile Court Stated 197 Public Interest Essential in Juvenile Problems 201 Public Should Have Patience 240 Public School, See School Public School, Scope to Be Enlarged 202 Manual Training In 202 Puberty, Age of Critical 273, 282, 284, 296 Patience Necessary 54, 64, 98, 260 Parental School 18 (See Reports) Periodicity in Crime 54 Parole, From State Schools, When, How 19 Persistence in Training 98 Personal Experience of Probation Officers 265 Preston State School (See Whittier State School Preston State School 5, 1 14 Preston State School, Plow Started 114 Prisons, See States Prisons Address to by Maud BalHngton Booth 306 Population of in Cal 35, 49 Population of 35, 36, 50 Bad Influence of 46, 50 Civilization Judged by 43 Prisoners (See Criminals) Amusing Letter of 42 Converted 38 Wages of 47 Clothing on Release 38 Paying Board 47 I'reach of Parole by, How Regarded 41 Insurrection of at Folsom 34 Parole of 41, 42. 235 Wicked Hearts 33, 39 Kind Hearts 33, 39 Murderous , . 33 342 Report and Manual for Probation Officers Repentance 38, 39 Reformation of 34, 35, 50 Room, Insufficient 35, 50 Physical Neglect of 16, 40, 53 Playgrounds 40 Police Court, Probation in 70, 86 Police to Be Named As Voluntary Probation Officers 86 Probation Committee Nomination of Probation Officers 66, 84, 266 Powers Under Law, 1903 14 Powers Under Law, 1909 266 Powers Under Law, 1911 84 Raising Money 15 Commended 84, 127, 205 Prostitution, Girls Under 21 66 Probation for Petty Offenders, Adult 71 Probation, Length of Term 87, 90 Probation, Extension of Term When Desirable 89 Probation, Violation of 89 Juveniles Working Off of 89 Probation and Jail Contrasted 232 PROBATION OFFICERS Appointment of 14, 56, 66, 75, 266 Arrests by 57 Appeals to Judge From 83 Adults, Officers for 85 Assist District Attorney in Adult Contributory Cases 81 Burdens of Bluffing by 58 Children, Must Understand Them 71, 72 Civil Service 84 Duties of Generally 57, 68, 69, 71, 91, et seq., 107, 224, 225, 226, 227 Duties of, As Defined in Law 68, 69 Efforts of Experimenting by 62 Experiences of 265 Firmness 22, 71 Friendship 22, 71, 97 Graphic Cards, Marking 89 Hints and Suggestions by 169, 242, 265 Initiative by 58, 71 Instructions to in 1909 56 Instructions to in 1912 . 75 Report and Manual for Probation Officers 343 Instructions Concerning 66, 266 Judge and Probation Officer, Different Viewpoint 59 Kindness 57 Knowledge Needed 71, 93 Labor Permits to Be Open to Inspection of. Sec. 2 149 Marriage, Duties Concerning Marriage of Wards 57 Non- Partisan 66 Number of 72 Patience Necessary 54 Politics, out of 66, 73, 84 Qualifications of in General 71 Reports and Applications for Orders to Be in Writing 79 Saving Children 57 Spirit of 63 Supervision by 5, 67, 72 Supervision by, First Few Weeks Close 72 Voluntary Probationers 48 Public Opinion to Sustain Juvenile Court Work 7, 14 Public Schools, See Schools, Truancy. Punishment, None in Juvenile Court 173 Punishment in Juvenile Court 99 Punishment, Old Fashioned 1 18 Prisoners Wages of 47 Probation in Pasadena 207 Purpose of Ju/enile Court Law Stated 14, 16, 22 Purpose of Juvenile Court Law Stated by Supreme Court 90 Purpose of Juvenile Court Law Stated by Legislature. Sec. 27 146 Problems in Juvenile Court Difficult 100 Procedure in Juvenile Court Cases 100 Proselyting to Be Avoided 72, 73, 215 Prostitution, House of Minors Under 18 Not to Be Sent To. 273 f 155 Prostitution 215, 303 Reasonable Doubt Doctrine, Reason for 33 Reporting. Children to Probation Officer 55 Reporting, Children to Court as Last Resort 54, 55 Reports of Probation Officer to Be in Writing 83, 91, 92 Reformatory for Adults 50 Reform Without Prison 35, 45 Reform of Criminals Necessary 34. 35, 50. 51 Reformation a Big Problem 35 Restitution by Probationers and Convicts 45 Relea>e. Pending Hearing in Juvenile Court. Rule 15 . 94 344 Report and Manual for Probation Officers Religion Duties of Probation Officer Concerning 72, 73 Duties of Probation Officer Non-Sectarian 72 Essential 72, 73, 202, 203, 209 Religious Instruction Necessary 72, 217, 219 Respect for Authority Should Be Taught 74 Runaway Children, Sending for 93 Rules for Guidance of Probation Officers 91 Report at 8:30 a. m 91 Reports in Writing 91, 91 Investigation by 91 Assignment of 91 Instructions by 91 Graphic Cards 91 Reports Intemperate Language to Be Avoided 91 Modification of Orders 91 Republic, Cal. George, Jr 102 Rewards and Punishments in Juvenile Court 99 REPORTS Reports for Year 1904 250 Reports for Year 1905 126 et seq. 250 Reports for Year 1908. 252 Dec. 1, 1903, to Dec. 1, 1910 258 Memorandum Report to Dec., 191 1 260 Memorandum Report from May, 1903, to Dec., 1908 248, 249 Memorandum Report from January 1, 1909, to July 1, 1909 255 Number Committed to Whittier 1903-1911 260 Number in Detention Home During 1911 260 Number in Parental School During 1911 260 Cost to Los Angeles County, Whittier and Preston 1904 to 191 1 264 Physician ' 269, 274 Physician on Teeth 279 Salaries, Comparative Cost, Custody and Probation 261 Salary, of Teachers 28 Salary in Orphanages, Average 179 Saloons Minors Under 18 Not to Be Sent to. Sec. 273f 155 (See Dependent Child.) Sentiment vs. Sense 35, 229, 239, 240 San Quentm State Prison. See Prison 261 San Quentin, Address to Prisoners in by Mrs. Booth 306 School. See Truancy. Public to Help Defective Children 27, 29, 198 Bad Children Should Be in.. 29 Report and Manual for Probation Officers 315 In Detention Home, How Managed 262 First Public School in Detention Home in Los Angeles. Sex Instruction in 27 Sentimentality vs. Sense in Treatment of Criminals 35 Sex Problem 27, 206, 300 Sex Instruction to Children, How 27, 206, 273 Address on, by Dr. Geo. E. Abbott 300 Sin, Original 35, 122, 279 Sour Grapes Eaten 122 Scholarship Fund in Case of Child Labor 82 School, Attendance at. (See Truancy.) School, Attendance at 16 School, Importance of in Juvenile Court Work 19 School, Expulsion from 25, 29 Special Schools, for Special Cases 29, 55 Sentence. (See Prisoner, Term of.) Indeterminate 44, 45 Short Objectionable 46 Sex Problem. (See Schools.) 200 State, a Friend to Child 22, 113, 124, 189 State, a Guardian of 189 State, Board of Charities and Corrections. (See Board, etc.) State, Board of Examiners. (See Board, etc.) State Prisons. (See Prisons, Folsom, San Quentin.) Statistics. (See Reports.) Economy 108, 109, 261 State, Aid for Orphanages 177, 178 Child Labor, in California 193 Story of a Very Bad Boy Reformed 102, 103, 289 Story of a Boy Who Started to Be Good Because it Was Hard 120 Story of Digging in a Vineyard for Wealth 121 Story, Adult Probationer 240 Story, Boy's Teeth 279 Supreme Court, Decisions by 61, 70, 71, 89, 90 Constitutionality of Juvenile Court Law 70 Sunday School and Church 205 State Board Charities and Corrections 49, 87, 179, 189 Approved Home Finding Agencies 87 State's Prison, Small Boys in 11, 50 State's Prison, Character of Guards in 38. 39. 40 Stories, Concerning Guards in 38, 39. 40 Strickland, Mrs., Home for Boys 290 Surgical ( )perations. Under Law 53. 54 Sympathy for Offenders 35, 229 346 Report and Manual for Probation Officers Teeth, Does Abnormal Condition Affect Delinquency, Address. . .277, 285 Term of Probation Under Sec. 1203 Penal Code 87 Term of Probation Under Sec. 26 Juvenile Court Law 88 Tonsils, Enlarged 99 Traitor to Helping Hand, Story 316 Tramps, Boy 55 Trouble, Juvenile Court a Court of Ill Truants, Law Concerning 20 Truants, Percentage of 7 Truants 20, 55, 77, 218 Truants from Home, Become Delinquents 21, 218 Truancy and Delinquency 21, 218 Truants, Cared for in Special Schools 77 Truants, Defined. Sec. 5 157 Volunteer Probation Officers for, in Country 77 Training, Children in Juvenile Court Methods 98 Truth Telling Encouraged in Juvenile Court 55, 72, 206 Vagrants, Small Children As 20 Vagrants, Punishment for Advocated 207 Value of Juvenile Court Work in Finding Causes of Crime 53 Vengeance 237, 239 Voluntary Probation 48, 78 Voluntary Probation, How Far Compulsory 78 Voluntary Probation, Not in Serious Cases 79 Voluntary Probation Officers In Country Districts 77 For Truancy Cases 77 For Country Misdemeanors 77 Department of 86 Nomination of 86 For Adults 234 Volunteer Prison League. (See Address.) 306, 319 W hittier State School 5,19, 264 Parole from, When 19 Commitments to 63, 260 Cost in, Compared with Probation 247, 261 Whittier State School and Preston State School Contrasted 5 Cost to Los Angeles County 264 Wilde, Oscar, Poem Ballad of Reading Goal 36 et seq. Will, Do You Will to Do Right? 312 Women and the Juvenile Court Interest of, Necessary 18 See False Ideas Concerning Juvenile Court. Witnesses, Examination by Judge, Advantage of 80 University of California SOUTHERN REGIONAL LIBRARY FACILITY 305 De Neve Drive - Parking Lot 17 Box 951388 LOS ANGELES, CALIFORNIA 90095-1388 Return this material to the library from which it was borrowed. AC MAY 1 Z002 University ( Southern Library