3. The use of the pardoning power. Where should it be lodged and how executed? See Report on this question in Proceedings of National Prison Congress, 1884.

5. The English and American methods of prison discipline compared.

The English system is uniform. It allows imprisonment for two years in a local prison, the treatment in the general like that which attends a longer term. When the imprisonment is for a longer term it is termed penal servitude and the prisoner is termed a convict. The sentence for penal servitude consists of three distinct stages.

(1.) A probationary period of nine months of separate confinement and work. The convict has communication only with the prison staff, though he may exercise and attend chapel in the presence of others.

(2.) The period of associated labor, which covers the remainder of the term, subject to the possible remission of time of which notice has been taken.

(3.) The "ticket of leave" period, during which the convict is free under certain conditions which have to do with his after conduct. Any violation of these conditions remands him to prison to serve the balance of his sentence.

The American system varies with the usage of the different States. We give references to the present law in New York, passed in 1889, as embodying the most advanced views in prison discipline :

Laws of New York, 112th Session, 1889. Chap. 382.

ARTICLE 1. Of the government and maintenance of state prisons, the officers connected therewith, their powers, duties, and compensation.

ARTICLE 2. Of the disposition, discipline, and instruction of prisoners. Section 74. Whenever any male person over sixteen years of age shall be convicted of a felony which is punishable by imprisonment in a state prison, for a term to be fixed within certain limits by the court pronouncing sentence, the court authorized to pronounce judgment upon such offender, instead of pronouncing upon such offender a definite sentence of imprisonment in a state prison for a fixed term, may pronounce an indeterminate sentence in a state prison for a term with minimum and maximum limits only specified, without fixing a definite term of sentence within such limits named in the sentence, but the maximum limit so specified in the sentence shall not exceed the longest period for which such offender might have been sentenced, and the minimum limit in said sentence specified shall not be less than the shortest term for which such offender might have been sentenced. The maximum term specified in such indeterminate sentence shall be limited in the same manner as a definite sentence in compliance with the provisions of section six hundred and ninety-seven of the Penal Code.

Sections 75-83 have to do with the release of prisoners upon parole, and the return of prisoners who violate their parole.

Section 84. It shall be the duty of the agent and warden of each of such prisons, so far as practicable and necessary, to appoint as keepers of such prisons persons qualified to instruct the prisoners in the trades and manufactures prosecuted in such prisons or in other industrial occupations. Instruction shall also be given in the useful branches of an English education to such prisoners as in the judgment of the agent and warden and chaplain may require the same and be benefited thereby. The time devoted to such instruction shall not be less than an average of one hour and a half daily, Sunday excepted, between the hours of six and nine in the evening, in such room or rooms as may be provided for that purpose.

ARTICLE 3. Of the labor of prisoners.

Section 95 provides for the grading of prisoners for work in three classes, corrigibles, those more or less incorrigible, and incorrigibles.

Section 98 fixes the time of daily labor, Sundays and holidays excepted, at eight hours, and declares the object of prison labor to be partly production and profit and partly industrial training and instruction.

Section 102. The system of productive labor in each of said prisons shall be either the public account system, or what is known as the piece-price system, or partly one or partly the other of such systems, as the Superintendent of state prisons shall determine. By the public-account system is meant the system by which the State furnishes machinery and material for the labor of the prisoners and markets the products of such labor thereon. By the pieceprice system is meant the system by which the State receives payment for the products of the labor of the prisoners upon materials and machinery furnished by the person making such payment or furnished partly by such person and partly by the State.

Section 108 determines the compensation which the prisoners may receive — not in any case to exceed ten per cent. of the earnings of the prison or reformatory and regulates the distribution of such surplus among the prisoners. Section 115, 4. The sum of five hundred thousand dollars, or so much thereof as may be necessary, is hereby appropriated out of any moneys in the treasury not otherwise appropriated, for the purchase of materials and machinery for manufacturing purposes in the state prisons of the State, and for all purposes connected with the industries to be carried on therein under the provisions of title two of chapter three of part four of the Revised Statutes as hereby amended.

For explanation of the provisions of the law given above, see article by Prof. C. A. Collin, " Andover Review," November, 1889.

ANDOVER.

II.

William Jewett Tucker.

SOCIOLOGICAL NOTES.

THE official report of the recent International Labor Conference in Berlin,1 held under the auspices of the German emperor, deserves wide circulation, both as indicating a transfer of governmental interest to social questions and as containing a large body of suggestions for economic legislation upon which the governments of Europe are agreed. Conferences of workingmen are common, but a conference of governments, with two exceptions (Switzerland and France) monarchical, to devise legislation in behalf of the laboring class is interesting if not epochmaking. It will certainly give to thought and effort a tendency toward the real problems of our time, that is, how to decentralize the culture and comfort of our marvelous civilization. Nor does it indicate a socialistic tendency, unless one characterizes as socialistic all effort in behalf of the many, that is, democracy. None but a laissez-faire doctrinaire can object to suggestions for social legislation that fall far short of the actual legislation of Great Britain and the States of the Union upon these subjects. The delegates of Great Britain and Switzerland would have gone much farther, while others thought these resolutions too stringent; for example, Belgium in regard to child labor, and France in respect to Sunday labor. For the less advanced states of the Continent, therefore, these conclusions will mark their degree of backwardness, and serve as an incentive to social legislation that is certainly conservative enough. The resolutions were separated for voting purposes. Most of them were adopted unanimously, 1 Die Protokolle der internationalen Arbeiter-schutz Konferenz. In Amtlichem Auftrag. Leipzig: Verlag von Dunker und Humblat. 1890.

others by a majority. Of course they are only recommendations and have force only as such. It is not too sanguine to expect them to be embodied in the legislation of all civilized countries within a few years. We regard the suggestions of the final section as particularly important, and likely to be fruitful of great and beneficial results. Modern statistics permit modern legislation to be scientific when in the hands of scholarly, trained statesmen rather than demagogues. Democracy is, however, always in the presence of its deadly foe, class legislation for the sake of the votes of a class. The translation is as literal as sense will permit:

1. (a) That the minimum age for admitting children to underground labor in mines be gradually raised to fourteen years, as experience shall establish the possibility of such a raising of the limit. For the southern countries this minimum age would be twelve years.

(b) That underground labor be forbidden females.

2. That the duration of labor be limited in cases in which mining engineering cannot succeed in obviating all dangers to health arising from the natural or accidental conditions of the industry in certain mines or branches. It is left to each country to bring about the result by laws or decrees or through agreement between the employees and employers, or in any other way that corresponds to the maxims and usages of each

nation.

3. (a) That the safety of the laborer and the healthfulness of labor be assured through all means known to science, under the supervision of the state.

(b) That the engineers intrusted with the conduct of the industry be exclusively men of experience and trained technical capacity.

(c) That the relations between the miners and mining engineers be as immediate as possible, to impart confidence and mutual respect.

(d) That there should be a constant extension of institutions which are intended to elevate the lot of the miners, and to attach them to their calling, provident and charitable institutions organized in harmony with the customs of each country, and calculated to insure the miner and his family against the consequences of sickness, accidents, premature disability, old age, and death.

(e) That strikes should be carefully avoided in order to insure an uninterrupted supply of coal. Experience seems to make it certain that the best preventive lies in employers and miners voluntarily undertaking to appeal to arbitration in all cases where their differences cannot be settled by direct agreement.

II. REGULATION OF SUNDAY LABOR.

1. It is desirable with the exceptions and respites necessary in each country,

(a) That every week one day of rest be assured to persons under legal protection.

(b) That a day of rest be assured to all industrial laborers.

(e) That this day of rest be fixed upon the Sabbath for persons under legal protection.

(d) That this day of rest be fixed upon Sunday for all industrial laborers.

2. Exceptions are allowable,

(a) In industries which demand an uninterrupted production upon technical grounds, or which provide the public with essential commodities, necessarily manufactured daily.

(b) In industries which, by their very nature, can be followed only in certain seasons, or are dependent upon the irregular activity of elementary natural forces. It is desirable that even in these cases, each workman should have every other Sunday free.

3. To regulate these exceptions from similar standpoints it is desirable that the various countries come to an understanding about them.

It is desirable,

III. REGULATION OF CHILD LABOR.

1. That children of both sexes who have not yet reached a certain age be excluded from labor in industrial occupations.

2. That the age limit be fixed at twelve years, with the exception of the southern countries where it shall be lowered to ten years.

3. That the age limit be the same for all industries and no discrimination made in this respect.

4. That the children previously satisfy the requirements of the laws in regard to elementary instruction.

5. That children who have not yet finished their fourteenth year be forbidden to work nights and Sundays.

6. That their effective labor should not exceed six hours, broken by a recess of at least half an hour.

7. That these children be excluded from unhealthy or dangerous occupations, or admitted to them only under certain protecting regulations.

IV. REGULATIONS OF THE LABOR OF YOUTHS.

It is desirable,

1. That youthful laborers of both sexes work neither nights nor Sundays from their fourteenth to their sixteenth year.

2. That their effective work should not exceed ten hours daily, broken by a recess of an hour and a half in all.

3. That exceptions be allowed for particular industries.

4. That limitations be established for occupations that are particularly unhealthy or dangerous.

5. That protection be afforded to young men from their sixteenth to their eighteenth years in regard to,

(a) Maximum day's work.

(b) Night labor.

(c) Sunday labor.

(d) Employment in particularly unhealthy or dangerous occupations.

V. REGULATION OF THE WORK OF WOMAN.

1. (a) It is desirable that girls and women should not work nights from their sixteenth to their twenty-first year.

(b) That girls and women over twenty-one should not work nights. 2. That their effective labor should not exceed eleven hours daily, broken by recesses of at least one hour and a half.

3. That exceptions should be permitted in certain industries.

4. That there should be limitations in occupations that are particularly unhealthy or dangerous.

5. That mothers should not be permitted to work within four weeks after their confinement.

VI. EXECUTION OF THE CONCLUSIONS OF THE CONFERENCE.

1. In case the Powers should approve of the labors of the Conference the following regulations are recommended:

(a) The execution of the measures adopted in each state shall be superintended by the needful number of peculiarly qualified officers nominated by the government, and independent both of employees and employers.

(b) The yearly reports of these officers, published by the various governments, shall be communicated to the other governments by them.

(c) Each of these states shall from time to time publish statistics covering the questions considered in the Conference as nearly uniform as possible.

(d) The states convened shall exchange these statistics as well as the text of laws or decrees which treat of the questions under consideration. 2. It is desirable that these international conferences be repeated in order to exchange observations covering the execution of these conclusions of this conference, and to inquire whether it is expedient to alter or complete them.

BOWDOIN COLLEGE.

D. Collin Wells.

BOOK REVIEWS AND NOTICES.

HANDBOOK OF PSYCHOLOGY. Senses and Intellect. By JAMES MARK BALDWIN, Ph. D., Professor of Philosophy in Lake Forest University. New York: Henry Holt & Co. 1889. Pp. 343.

This is a manual of much excellence, thorough and scientific in matter, and in its earlier portions, though not all the way, in method and presentation as well. The Introduction, in three chapters, deals with the Nature of Psychology, Psychological Method, and the Classification and Division of Psychical Phenomena. Part I., in the two chapters, Consciousness and Attention, canvasses the general characteristics of Mind. Part II., on the Intellect, takes up the remainder of the book. The matter here is treated under two grand topics, The Apperceptive Function and The Rational Function. The former, the Apperceptive, embraces Presentation: two chapters, Sensation and Perception; Representation or Memory: two chapters, Retention and Reproduction, Recognition and Localization; Combination: three chapters, Association, Imagination, Illusions; and Elaboration or Thought: one chapter. To the Rational Function is devoted but a single chapter, the fifteenth and last. On each of these rubrics the author shows a deep mastery of the thought, and presents it in original and lucid speech. Half the work betrays remarkable expository power, but in this there is a falling off in the second half. Mr. Baldwin is acquainted with the best works and latest researches in psychology, English, French, and German, and easily follows Herbart, Wundt, and Lotze through their most intricate analyses. References to the best literature, new and old, are a feature of the work, 29

VOL. XIV. — NO. 82.