and just equilibrium of each force, of each faculty, and of each organ. Medicine thus gravitates now to hygienic principles. The same evolution applies to the idea of reform as connected with the punishment of the guilty. At first only the gravity of the injurious results of crime was considered, and they inflicted corresponding material punishments, cutting off the hand of the robber or decapitating the murderer. Passing later to consider in each case the circumstances of the crime and the degree of guilt chargeable to the criminal, they began to proportion the severity of the punishment to each case and to each individual. They thought finally to occupy the time of imprisonment for the moral reform of the prisoner; and hence arose penitentiary reform. At present, seeing the difficulty of the reform of adults, they strive to correct the vicious youth before they become offenders. Thence comes the development of progress in these later days in houses of reform. Behold thus hygiene in penology, which tends to render the employment of remedies less necessary.

The tendency of modern legislation towards the mitigation of punishments requires more energetic action for prevention. In reform schools lies the hope for the moral reform of the dangerous classes. I dare hope that prison reform, if it shall produce no other benefits, will do immense good by leading many eminent men to direct their efforts to the reformation of criminal youth.

In the mean time we should not neglect to do all that may be to reform the guilty whose sentence has expired. Whatever importance is attributed to hygiene the physician who does not aim to prevent disease, and who does not wish to treat the sick, however incurable the disease, is not a good physician.

First, the means employed to reform the criminal does not always fail. There are some prisoners who reform themselves and there are sick who heal themselves.

Besides, should we renounce all efforts for reform when we can not always succeed? As long as there is life there is hope, and this hope should never be renounced. Moral improvement is ordinarily very slow, but the true aim of all progress is not to reach the end at once, but consists in a constant advance. The regenerating inspiration which has made suffering an instrument of moral redemption is born of love. And love is never discouraged. When we succeed in producing with a few only of the hardened criminals a real abhorence of evil and love for the good, do you believe it would be time lost?

It is no small matter to impress on the most degraded of society this principle, superior to all differences of nationality, customs, and opinions, to which all hearts aspire: the moral redemption of man and of humanity.

But this moral redemption began in the world by a power from on high. We should then have faith that a day will come when evil will be vanquished, when truth, justice, and love shall reign here below for the consolation of this poor earth.

RUSSIA AND THE CONGRESS, BY MR. RANDALL.

In the general assembly, June 22, Mr. Randall addressed the congress, expressing the sentiments of the Government and people of America towards the International Prison Congress. He assured the congress of the sympathy of the United States in this work, and the best wishes of the American people for the success of this reunion. He expressed his regret that the penal and reformatory institutions of his country were not represented in the Exposition by exhibits that would have reflected credit upon them. The reason given for this omission was mainly the great distance that separates Russia from America. But the interest felt by the United States Government was so great that it had sent the speaker as a delegate to make an extended report of the work and projects of the congress, and had also instructed

its minister, the Hon. Charles Emory Smith, to attend the sessions as a delegate. Some extracts only are made from this address:

We are [said Mr. Randall] especially gratified that this gathering has assembled in St. Petersburg, for Russia and the United States have always maintained most friendly relations. Russia in a special manner manifested her good will and contributed the aid of her powerful influence at a time when our national existence was imperiled. We shall never forget it, for its memory is too deeply graven upon our hearts.

The opinions which prevail in Russia upon prison and reformatory questions are well known and appreciated in America, and if we rightly estimate the advance in that direction, and the work accomplished under the humane supervision of Mr. Galkine-Wraskoy, the distinguished director of the general administration of prisons, we may feel assured of the entire success of the efforts put forth in Russia for progress in penal reform.

The United States has done much for penitentiary science. It has given to Europe the Pennsylvania and Auburn systems, so much introduced in European prisons, and it has originated many methods that have gone into legislation.

In the work of the International Prison Congresses the United States has also contributed the labors of the distinguished Dr. E. C. Wines, without whose initiative these congresses would never have been held. We should never forget in each re-union to recall the memory of Dr. Wines, his life and work.

I take pleasure in assuring you that the study of penology continues to attract interest in America, and is pursued with ardor and ability by eminent specialists. The General Government of the United States has no special prison system. All who are convicted of crime against the General Government undergo punishment in the various prisons belonging to the States. The United States Congress is now in session, and the House of Representatives has already passed a bill which is now in the Senate, providing for the construction of three Government prisons, in which shall be confined those convicted of offenses against the laws of the General Government. It is to be hoped that one of the results of such a system will be the establishment of an approximate uniformity of punishments.

In the report I shall present to my Government I shall not omit to make mention of the numerous and interesting reports presented to this congress, of its deliberations, of its statistical labors regarding correctional establishments, and of the admirable exposition under the direction of the commission of organization.

The United States is par excellence the land of reform and progress, and should unite with all other nations in advancing the progress of prison reform.

Mr. Randall closed by extending the congratulations and good wishes of the Government and people of the United States, and in expressing his conviction that the success of the Congress of St. Petersburg was well assured. His address was warmly applauded, and upon its conclusion the secretary-general moved :

1. That Mr. Randall be requested to present in his report to the Government of the United States the thanks of the congress for its good will and coöperation.

2. To request the bureau of the congress to transmit to the National Prison Association of the United States its grateful appreciation of its works and achievements, and to assure it that this congress preserves a sacred memory of the venerated Dr. Wines.

3. To express to the Rev. F. H. Wines and Mr. Rounds the regrets of the congress for their absence.

These several motions were unanimously adopted.

1 This bill became a law.

RESOLUTIONS VOTED BY THE CONGRESS.

SECTION 1.-LEGISLATIVE.

Answer to question 1.

1. Treaties of extradition being strictly dependent on the special penal legislation of the different countries, and these enactments at the present time being irreducible to a single type, it would be useless to attempt to introduce in an international convention the names of uniform criminal acts, or a definition of facts which can not be identical.

2. It would be desirable that special penal legislation should adopt the principle of extradition as a general rule, with all the reservations by which each state would find it necessary to restrict it.

3. The exception tending to become the rule, if extradition were adopted in principle by special legislation, international conventions upon extradition could change procedure, and in place of enumeration of criminal acts incurring extradition, they could include the enumeration of criminal acts which would not be the subject of extradition.

The congress expresses the opinion that a study should be made by a common agreement between criminalists of different countries, in view of giving the same denomination and a precise definition to violations of penal law which would be punished by extradition.

Answer to question 2.

1. The state of intoxication, considered in itself, would not constitute an offense. It gives occasion for repression only in the case where it publicly manifests itself in conditions dangerous to personal safety or by acts of a nature to produce scandal or to disturb peace and public order.

2. The usefulness of legislative provisions can not be denied in estab lishing coercive measures such as confinement in an asylum or a workhouse in regard to persons habitually given to drunkenness who would become a burden upon public charity or private benevolence, and who would give themselves up to a life of beggary or become dangerous to themselves and others.

3. It is desirable to make the proprietors of wine and liquor shops penally responsible for the sale of strong drink to individuals manifestly under the influence of liquor.

4. In case of penal offenses committed while in the state of intoxication: The state of incomplete intoxication can not in any case exclude responsibility. As a circumstance having influence on the measure of punishment, this state can not be defined by the legislative authority either as a mitigating or aggravating circumstance. Its influence on the measure of punishment depends upon the circumstances of each particular case.

The state of complete intoxication excludes responsibility as a principle, with the following frequent exceptions:

(a) When intoxication forms in itself a penal-offense, and

(b) In case of actions "liberæ in causa" when the author gets drunk knowing that when in a state of intoxication he might or could commit a criminal offense; in the first case, he makes himself responsible for an offense committed with premeditation; in the second case for an offense committed by negligence.

Answer to question 3.

1. The congress is of the opinion that the teaching of penitentiary and criminal science is very useful and much to be desired, and that the scientific study of the application of punishments can easily be reconciled with the requirements of penal discipline.

2. It expresses the view that a chair of penal science should be estab lished in the universities of different countries and that the penal administration should create necessary facilities to sustain and encour age that study.

3. It is of the opinion that the establishment of libraries of penal science in prisons and for the use of officers of these institutions is desirable.

Answer to question 4.

Mr. Sloutehevsky, assistant reporter, submitted the following ques tions:

1. Can defects which are attributed to short imprisonments be removed by improving the execution of the punishments?

2. If these defects can not be removed by the means above men. tioned, could they be usefully replaced

(a) By administration or

(b) By conditional condemnation?

3. Is conditional condemnation admissible

(a) For misdemeanors or

(b) For crimes?

4. In the definition of criminal acts which ought to be punished by a conditional condemnation, is it not necessary that the legislator have in view the interests of social security and those of the injured party, as well as the public conscience of a retribution merited by every action disturbing legal order?

After a discussion in the first section and in the general assembly the congress has decided to reserve the question.

Answer to question 5.

Upon the report of Mr. Drill, and after a discussion, the section adopted the following resolutions:

1. It will be necessary to omit the question of guilt and of discern. ment, as far as relates to children, that is to say, to individuals who

have not reached the age of 16 years, and to replace them by the following questions:

Has a child need of the protection of public authority?

Has it need of a simple education or a correctional régime?

2. The choice of measures ought to be determined by the incentives which induced the child to commit offense, and the gravity of this should be determined by the degree of his intellectual developments, by the surroundings in which he has been brought up, by his antecedents and character. The age of the child is also of great importance as an index to his normal condition.

3. The court decides upon the offenses committed by minors from 16 to 20 years of age. It should have the greatest liberty in the choice of punishments, when the minor is pronounced guilty, from a simple reprimand to the ordinary punishment provided for the criminal offense. The general assembly decided to carry over this question to the next congress.

Answer to question 6.

In order to prevent the receiving of stolen goods it is necessary1. To enact in respect to certain dealers, such as bankers or moneychangers, jewelers, and furniture dealers, some regulations to prevent the receiving of stolen goods.

2. To regard the receiving of stolen goods not as a case of complicity but as a special offense.

3. To establish a progressive increase of punishment for a repetition of this offense.

Answer to question 7.

1. Referring to the resolutions of the congress at Rome, showing that one of the means advised in order to counteract the deplorable conse quences of an immoral training given by parents to their young children is to permit the courts to take away from the parents for a determined time all or part of the rights derived from parental power, when the facts, sufficiently verified, justify such a responsibility on their part, the fourth congress recognizes that the state has the right to ward off the pernicious influence of parents or guardians upon their children or wards.

2. The court, having proved the unworthiness or incapacity of the parents of a delinquent child, will fix at the age of majority the term of tutelary education which it will assign either to the house of correction, or a benevolent institution, or to public or private charity.

The initiative of measures tending to ward off or restrain paternal power will belong to public authority, judicial or administrative, as well as to the institutions above mentioned, in which the child would be confined.

3. The minor in whose favor a discharge from a penal or correctional institution may be granted before the end of the term of condemnation