dangers to which it is subject, with sympathy and appreciation, as was done by Governor Whitman.

LEGISLATION

No legislation changing the probation laws of the State was enacted by the Legislature of 1915. The following laws were enacted and are mentioned as more or less affecting the work of the probation officers and judges of the State.

Chapter 531, amending the Inferior Criminal Courts Act of New York City, providing for the separation of the Children's Court from the Court of Special Sessions with five justices instead of four to be appointed by the mayor from among the justices of the Court of Special Sessions; combining the first and second divisions of the Magistrates Courts under one chief magistrate and one board; retaining all probation officers and judges serving and providing for several new positions as follows: A chief probation officer and deputy chief probation officers for the Magistrates' Courts; a chief probation officer and deputy chief probation officers for the Children's Court. These provisions have meant the reorganization and centralization of the probation work in these courts. The bill also gives the magistrates the jurisdiction of the justices of the Court of Special Sessions to try certain misdemeanors and provides for a municipal term for the exclusive trial of cases involving violations of the rules or regulations of any city department.

Chapter 286, amending the Tenement House Law of New York City so as to allow females convicted of prostitution in tenement houses to be placed on probation upon their first offense, when not convicted of keeping or maintaining a disorderly house.

Chapter 480, providing that a child brought before a court, under section 486 of the Penal Law, if appearing to the magistrate to be feeble-minded, may be caused to be examined by two physicians and on the written statement that the child is feeble-minded, the magistrate may commit such child to an institution for the feebleminded, to be there detained until discharged by the board of managers.

Chapter 211, requiring all judges in Westchester county (except the judges of city courts), to report the names and principal circumstances in the cases of all delinquent children, about to be

committed to any institutions, to the superintendent of the poor of the county; requiring the superintendent of the poor to investigate each case so reported and to report thereon with suggestions to the judge.

Chapter 228, establishing local boards of child welfare empow ered to grant allowances to widows.

Chapter 579, establishing a parole commission in New York City to parole prisoners from all institutions under the jurisdiction of the department of correction. (An account of the law is given under the heading, "Parole and Probation.")

The Commission supported the bill introduced on behalf of the State Commission of Prisons by Senator Halliday and Assemblyman Law, providing that the State Probation Commission be given supervision over the work of the parole officers of State institutions. The provisions of the bill did not in any way interfere with the appointment and control of the parole officers by the board of parole and the respective State institutions. It simply made it the duty of this Commission to study and collect data regarding the parole work of the State and its needs and to seek to improve and extend it, especially with a view toward securing greater co-ordination of the parole with probation work. It would give the Commission the same relation to the parole officers as we now have toward probation officers.

The bill met with some opposition and failed of passage without reaching a vote in either branch of the Legislature.

The Commission has been willing to undertake this additional work and responsibility, believing it would be of benefit to the parole work of the State which is far from being as effective or as well co-ordinated as it should be.

The Commission opposed several bills which we believed would be injurious to the probation work of the State and they each failed of passage.

THE CONSTITUTIONAL CONVENTION

The Commission, through a special committee, prepared and actively supported two proposed amendments to the Constitution, both of which were introduced and effectively advocated by Com

missioner A. T. Clearwater, delegate-at-large to the Convention. These amendments provided:

1. For making the State Probation Commission a constitutional body.

2. For the establishment of children's courts and courts of domestic relations by the Legislature and for conferring upon them equity jurisdiction.

The latter amendment was drafted by members of this Commission with the assistance of Judge Julian W. Mack and the Hon. Bernard Flexner, both of Chicago. The amendment was incorpoated in the judiciary article and adopted without change by the Constitutional Convention. It read as follows:

"The legislature may establish children's courts, and courts of domestic relations, as separate courts, or parts of existing courts or courts hereafter to be created, and may confer upon them such equity and other jurisdiction as may be necessary for the correction, protection, guardianship and disposition of delinquent, neglected or dependent minors, and for the punishment and correction of adults responsible for or contributing to such delinquency, neglect or dependency, and of all persons legally chargeable with the support of a wife or children who abandon or neglect to support either. In the exercise of such jurisdiction such courts may hear and determine such causes, with or without a jury, except those involving a felony."

The purpose of the amendment is to standardize and enlarge the powers of children's courts and domestic relations courts, allowing the use of full equity or chancery jurisdiction in appropriate cases. This power would make it possible to deal with these cases in such a manner as to secure justice and humanity without the necessity of a criminal conviction. This jurisdiction is granted to the children's courts in other states but in this State is granted by the Constitution only to the Supreme Court. This needed Constitutional change would, we believe, pave the way for the enactment of comprehensive legislation dealing with juvenile delinquency and domestic relations cases throughout the State.

The Commission conducted a very active compaign in behalf of the amendment. A hearing was held before the Committee on the Judiciary and also before the Committee on Prisons and Reformatories and the Prevention of Crime. At these hearings, we fortunately were able to secure the presence of the Hon. Julian W. Mack, Judge of the United States Circuit Court of Appeals and formerly judge of the Juvenile Court of Chicago. Commissioners Folks and Wade also addressed the committees. Judge Mack's address was a brilliant and learned analysis of the fundamental needs and purposes of the Children's Court and the Court of Domestic Relations. His appearance had a great deal to do with securing the support and favorable action of the committees leading to the final adoption of the amendment in the revised Constitution. A report of his address is given in Appendix H of this report.

Unfortunately, with the rejection of the revised Constitution by the voters at the November election, the amendment failed. The Commission will endeavor to secure the enactment of this amendment at the earliest practicable date.

The Commission favored an amendment introduced on behalf of the State Association of Magistrates, providing for the waiving of indictments in certain cases of felony in which a plea of guilty is entered and allowing for an immediate trial in the higher court.

APPROPRIATIONS TO THE COMMISSION

The Legislature of 1915 granted the Commission a total of $12,800 in the appropriation bill and $1,713.23 for deficiencies. in the supply bill. The Commission has received no increase in the number of its staff since 1909. For the coming year, the Commission has requested that an appropriation be made for the salary of a statistician in addition to the present staff. All the work of the Commission, especially the statistical and clerical work has been increasing greatly, due to the growing probation work of the State, and this additional employee is greatly needed. A total appropriation of $15,100 has been requested from the Legislature of 1916. No deficiency item is required. The items requested

appear in an appendix to this report.

RECOMMENDATIONS

That the growing probation work in the courts of the State may be developed wisely and successfully, the Commission desires to bring to the earnest attention of all officials and other persons in the State who are concerned in this work, the following recommendations:

TO JUDGES AND OTHER PUBLIC OFFICIALS

1. Every city should employ one or more salaried probation officers appointed from civil service lists. Every city of from 10,000 to 20,000 population or over, depending on the character of its population and other local conditions, should have one or more salaried officers giving their time exclusively to the probation work of the city court. Smaller cities and villages should secure the part time service of salaried officers, either county or local; if this is impossible the courts should appoint volunteers.

2. Every county should provide for one or more salaried county probation officers appointed under the civil service, doing the important probation work of the higher courts, the work arising in the justices' courts of towns and villages, and also serv ing in the smaller cities which have not provided themselves with salaried probation officers. In the larger counties a separate officer exclusively for handling the probation work in the justices' courts of the towns and villages is recommended.

3. In the larger cities and counties and wherever the amount of work is sufficient to justify the expense, both male and female probation officers should be employed. For the handling of women and girls, a woman probation officer is indispensable. If the members are few, volunteer service may suffice. For the care of men and older boys a male officer is necessary.

4. In the larger cities there should be a chief probation officer and where the work warrants, deputy chief probation officers, in order that the work may be efficiently organized and co-ordinated.

5. Salaries of probation officers should be made high enough to attract and hold well qualified men and women in the service. A minimum of $1,200 for full time probation officers is recommended. A system of annual salary increases should be provided up to a certain maximum, to be paid to all efficient officers as just compensation for increased efficiency.