the man who comes in after me will have an easier time, but, from what I know about the record, I am afraid he won't.

Mrs. A. J. A. STIRLING.- It seems to me that it is more important that the Commissioner of Charities should be in sympathy with the interests of his dependents than with the political feeling of the Mayor.

Mrs. LOWELL. That was just what I was going to say. Mrs. Stirling did not speak loud enough to be heard by all and I will repeat it. She said that she thinks it is very much more important that the Commissioner of Charities should be in sympathy with his dependents than with the political views of the appointing power, and I would like to put myself on record as saying that with Mrs. Stirling.

Hon. JOHN W. KELLER.- Pardon me. I do not wish to be misunderstood. I hold that a man who is not absolutely in interest and in sympathy with the people who are under him should not be appointed at all. But if there are two men equally capable, the one who is in sympathy politically with the Mayor of New York should have the preference over the one who is not.

Mrs. LOWELL.-I want to protest against that. I think his political opinions should not have any weight at all in the matter.

Mr. ROBERT W. HEBBERD, Secretary of the State Board of Charities, read a paper on "Politics in Prisons, Penitentiaries and Jails."

66

"POLITICS IN PRISONS, PENITENTARIES AND

JAILS."

The small amount of time which is allotted to this paper and the relatively large field to be covered, make it necessary for me to deal with the subject, "Politics in Prisons, Penitentiaries and

Jails," in quite a general way. To future and better informed writers of papers for these Conferences may be left the duty, especially should conditions demand it, of dealing more specifically with various phases of the subject.

Beginning with a statement of the general provisions of the Constitution and the law, which seek to divorce political considerations from employment in the public service, I shall next attempt to show the specific provisions of the law and the rules of the civil service which regulate the appointment and promotion of officers and employes in prisons, penitentiaries and jails, and shall conclude with a more or less general statement with relation to the extent to which politics control the administration of such institutions and an argument against such control.

In the first place, it is eminently worthy of recollection that the sovereign people of this State — the source of all civic power - in the Constitution which was adopted in November, 1894, and went into effect January 1, 1895, made a declaration of principles which should be the guide of all conscientious officials in the State, from the highest to the lowest, whether in penal institutions or any other form of governmental service, State, county, city, town or village.

The Constitution, in section 9 of article V, provides: "Appointments and promotions in the civil service of the state, and of all the civil divisions thereof, including cities and villages, shall be made according to merit and fitness to be ascertained, so far as practicable by examinations, which so far as practicable, shall be competitive, provided, however, that honorably discharged soldiers and sailors from the army and navy of the United States in the late civil war, who are citizens and residents of this State, shall be entitled to preference in appointment and promotion without regard to their standing on any list from which such appointment or promotion may be made. Laws shall be made to provide for the enforcement of this section."

Laws have been made to carry out these civil service reform principles so sturdily engrafted in this great fundamental law of the State. The statute at present in force (Chapter 195 of the Laws of 1900) is, beyond doubt, the most progressive of these laws. This act was introduced by Senator Horace White and became a law with the strenuous coöperation of Governor Roosevelt. It took the name of its author, and is commonly known as the "White Law." Briefly, this act requires the State Civil Service Commission to hold competitive examinations where practicable, and in other cases, non-competitive examinations are to be held, to fill all positions in the classified service except a small percentage in the exempt and the labor classes, in the service of the State or any of its civil divisions except a city, and to make rules carrying into effect the provisions of the Constitution and the law. It provides also for the appointment of municipal civil service commissioners with like powers, for each city in the State.

The act prohibits the fiscal officers of the State and of any civil division thereof for which civil service rules have been made, from authorizing the payment of compensation to any officer or employe in the classified service unless their names are borne on a pay-roll bearing the certificate of the State Civil Service Commission, or of the local civil service commission, as the case may be, certifying that the persons named on the pay-roll have been appointed or employed in pursuance of law and of the rules made in accordance therewith.

Other provisions of the law are intended to make these requirements more effective, but it is not necessary to take time for their recital.

Thus it will be seen that we have the constitutional provision, and the law based upon it, which, to sum the matter up concisely, are intended to remove the minor appointive positions in the State and the local civil service from political control so far as practicable. As will be readily understood, how far it is practicable

to do this, depends a great deal upon those who are seeking to practise it at any given time.

Under the authority of the statute, the State Civil Service Commission has extended its rules to cover the civil service of the counties of Erie, Kings, New York, Queens and Richmond. Appointments to positions in the county service classified in the competitive class are made from eligible lists prepared after examinations held by the State Commission. So far as practicable, the general eligible lists of the State Commission are certified for the county service, and the State Commission holds special examinations only when there is no appropriate list already established. "For example," to quote from the manual of the Commission, "the list for guard in prisons and reformatories is appropriate and will be certified for the positions of jailer, turnkey, warden, guard, etc., in county jails and penitentiaries.”

This preliminary statement is made in order that, at the outset, the bearing which the constitutional provisions, the laws and the rules of the Civil Service Commission have upon the question of politics in penal and charitable institutions may be understood in a general way.

Next, to consider the institutions themselves.

STATE PRISONS AND HOSPITALS FOR THE CRIMINAL INSANE.

First, the great State prisons. There are in New York State four State prisons, one at Sing Sing, another at Auburn, a third at Dannemora, and the fourth at Napanoch; and two hospitals for the criminal insane, one at Matteawan, and the other, more recently established, at Dannemora. These prisons and hospitals are supported entirely by the State. During the year ending September 30, 1900, the prisons dealt with 4,964 criminals, and cost $460,528.12 to maintain.

The hospital for the criminal insane at Matteawan, the one at Dannemora not having then been opened, had 887 inmates and their maintenance cost $145,338.07. These prisons and hospitals

are under the control of the State Superintendent of Prisons, who is a constitutional officer, section 4 of article V providing as follows: "A superintendent of state prisons shall be appointed by the governor, by and with the advice and consent of the senate, and hold his office for five years unless sooner removed; he shall give security in such amount, and with such sureties as shall be required by law for the faithful discharge of his duties; he shall have the superintendence, management and control of state prisons, subject to such laws as now exist or may hereafter be enacted; he shall appoint the agents, wardens, physicians and chaplains of the prisons.

"The agent and warden of each prison shall appoint all other officers of such prison, except the clerk, subject to the approval of the same by the superintendent. The comptroller shall appoint the clerks of the prisons. The superintendent shall have all the powers and perform all the duties not inconsistent herewith, which were formerly had and performed by the inspectors of state prisThe governor may remove the superintendent for cause at any time, giving him a copy of the charges against him and an opportunity to be heard in his defense." The superintendent has always been chosen from the dominant party.

ons.

According to the report of the State Civil Service Commission to the Legislature of 1900, the last report published, the exempt class in the State prisons includes the agent and warden, and the chaplains. In the competitive class are the keepers, the guards and practically all of the other employes above the grade of laborer. Out of a total of 300 employes in the classified service, named in the report of the Commission, 294 held competitive positions. There has been comparatively little change since that time.

In the hospitals for the criminal insane at Matteawan and Dannemora, none are in the exempt class, 20 officers and employes are in the competitive class, and 152 low salaried employes are in the non-competitive class.