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by themselves, but by the central legislatures of the states. These laws are not executed by the central executive authorities, or under their control, but only by local authorities acting in semi-independence. They are, so to say, left to run themselves.
It must be confessed at the outset that we have few well- defined and ancient precedents for central control, so far as local prisons are concerned, and nothing but the proof of mon- strous wrong will probably move our people to change their traditions and adopt a practically new principle. The persist- ence of the evils of county jails is compelling thoughtful people to give attention to a revolutionary proposition. The evils of permitting local authorities to administer state affairs have been felt, not only in this matter of jails, the most disgraceful feature of our penal systems, but also in our municipal governments, confessedly the worst failure of all in our American experience with government. And in both cases part of the remedy is sought (a) by carefully defining what are local interests and permitting local administration free scope under general laws; and () in carefully defining state interests, which must be administered by local authorities, and providing state organs of inspection and control in this sphere.
Thus Professor J. Jenks 1 voices the thought of specialists in administrative law when he recommends a municipal govern- ment board in each state, and claims for it that:
(i) it would tend to make clear the true relations between the functions of state and local governments; (2) to secure the efficient performance of state functions by local officials; (3) to furnish the public information regarding the performance of local functions in such comparative form that it would be of great service to local officials; .... (4) to guide, by accurate and full information, public opinion on the various questions arising in connection with city government.
It must be evident that a similar prison board would tend to secure similar good results in relation to local prisons.
Professor F. J. Goodnow, in his work on Municipal Home Rule. concludes a long and able inductive study of the recent decisions of courts and development of administration by citing facts in our own recent history. He says, for example:
1 Municipal Affairs, September, 1898, p. 411.
