236
The Green Bag
"It is impossible to state in general terms what associations or combinations are legal, but each case must be decided upon its par ticular facts, just as the decided cases must be limited to their articular facts and the eneralizations oonsi ered with regard to such acts. These eneralizations may be good law, they may bad law; they may be good economics, they may be bad economics, and must therefore, in view of the great impor tance of settling the law under this act, be disregarded except in so far as they_are an essential part of the actual decision in each case." See Interstate Commerce, Restraint of Trade.
"Prison Life as it Affects Women." By 0. M. B. Contemporary Review, v. 97, p. 177 (Feb). "In Holloway each visitor is supported by a whole army of workers. The governor, the chaplain, the matron, the agents for the Prisoners’ Aid Society, the ofiicials——one and all are trving to benefit the prisoners. One woman after another has told me how kindly they are treated. ‘Everything is done for our comfort,’ said one poor girl of seven
Penology. “The Punishment of Crime and the Indeterminate Sentence." By Hugh R. P. Gamon. 35 Law Magazine and Review 191 (Feb). "Reformatories and Borstal institutions will flourish in the place of prisons; and the unregenerate convict, who Wlll res nd to no
teen. ‘I had no idea there would be such privileges,’ said another girl, amazed at having a story-book lent her, in which she could lose the memory of her troubles after the day's work was over. ‘I haven't had a cross word spoken to me since I came in,’ said a third. Considering how provoking these girls can be, this is strong testimony to the 'udness of the wardresses. ' See Probation. Police Power. “The Offense of Disorderly Conduct." By Frederick B, House, City Magistrate. New York Law journal, v.
treatment, and cannot be safely re eased, will
42, p. 2251 (Feb. 28).
Nuisances.
See Public Health.
be kept under a strict, but not harsh, control for the rest of his life. As the very indefinite ness of the sentence will strike awe into the man who is conscious of his own depravity, and so act as a potent preventive 0 crime, it will animate with hope a convict who is resolved to amend his ways; and with the protracted detention of the ardenerl offender, it ma be confidently ex cted will go the curtai ed detention of t e less hardened, except at least in those cases where time is required for the purpose of reforming a character. "But the principle of protection as em bodied in the indeterminate sentence must be embraced whole-hearted], if at all; and it is impossible, with any c ance of success, to engraft it upon a scheme of treatment which is primarily punitive and deterrent." "Society and the Criminal." By Edward T. Devine. Outlook, v. 94, p. 307 (Feb. 5). "There are already many fragmentary indi mtions of what the new penology will be like. John Howard and the sentimental reformers
may not have understood it clearly, but the abuses which they scourged were certainly at
war with it, and the humanity for which they stood is one of its foundation stones. Lom broso and his associates in a more scientific scheme of criminology may be one-sided and
eccentric, but it is their merit that they have at least conceived the problem seriously and are ready to take the consequences of their radical theories." "A Reformatory Which Reforms." By Frank Hunter Potter. Outlook, v. 94, p. 303 (Feb. 5.) "Two rinci les underlie all of the reforma tory wor at edford [N. Y.]: grading into classes, with promotion from one to another, and release on parole in case of good behavior as an ultimate reward."
Written to dispel uncertainty with re to the nature of this offense under New ork laws, and to show more clearly the powers of magistrates in New York City. Many leading authorities are digested. Probation. "The Probation System of Massachusetts." By Justice Charles A. De Courcey. 19 Yale Law journal 187 (Jan.). A Justice of the Superior Court of Massa chusetts here contributes an interesting review of the working of the probation system in his own state, together with a conservative estimate of its value. "Not only is there already an approach to uniformity in the work of the lower courts and oflicers but, most important, the ofiicers
themselves have been instructed and stimu lated to better work. Conferences of the judges, called by the commission, have awakened their interest in
robation,
and
resulted in the formation 0 organizations among the g'udges themselves to advance the eficienc o the system." Whet er the system should be extended is a question upon which Judge De Courcey is hardly yet pre ared to commit himsel. He says that the easibility of such a course “must be decided by the practical experiences of judges and officers, rather than by the theories of doctrinaires, who are wedded to the ‘criminal type‘ theory and exaggerate the influence of heredity and environment to the exclusion of the whole notion of personal responsibility." He thinks, however, that probation will be improved and developed in a ractical and sane way "as we shall solve the 'ndred problems of the indeterminate sentence, reformatory discipline and needed reforms in criminal procedure and prison discipline." For the awakening that may bring this about he thinks no man more entitled to credit than President Taft.
