| THE CALIFORNIA PENAL SYSTEM. |
By CHARLES HOWARD SHINN.
THEORETICALLY every new commonwealth in organizing its institutions can measurably avoid the errors of older communities, and can venture upon promising experiments elsewhere untried. In practice, however, new States are usually compelled to face unforeseen difficulties, and although their various departments gain something in flexibility, they lose in systematic organization. They have the faults as well as the virtues of the pioneer.
Penology, like every other department of human thought, is a battlefield of opposing principles. But I know of nothing in print more inspiring to the officers of the State engaged in prison and reform work than Herbert Spencer's Essay on Prison Ethics. It is likely that many of the people who should read it are not aware of its value and interest to themselves. Beginning at the foundations, Mr. Spencer makes a lucid exposition of the necessity of "a perpetual readjustment of the compromise between the ideal and the practicable in social arrangements." As he points out, gigantic errors are always made when abstract ethics are ignored.
If society has the right of self-protection, it has, as Mr. Spencer asserts, the right to coerce a criminal. It has authority to demand restitution as far as possible, and to restrict the action of the offender as much as is needful to prevent further aggresssions. Beyond this point absolute morality countenances no restraint and no punishment. The criminal does not lose all his social rights, but only such portion of those rights as can not be left him without danger to the welfare of the community.
But absolute morality also requires that while living in durance the offender must continue to maintain himself. It is as much his business to earn his own living as it was before. All that he can rightfully ask of society is that he be given an opportunity to work, and to exchange the products of his labor for the necessaries of life. He has no right to eat the bread of idleness, and to still further tax the community against which he has committed an aggression. "On this self-maintenance equity sternly insists." If he is supported by the taxpayers the breach between himself and the true social order is indefinitely widened.
Such principles as these could easily have been made a fundamental part of the California prison system when the State was organized, for the famous Code of Reform and Prison Discipline, prepared about 1826 by a New Orleans lawyer, Edward Livingston, was well known to some of the ablest men of pioneer California, and a strong
