Page:American Journal of Sociology Volume 9.djvu/344

 330 THE AMERICAN JOURNAL OF SOCIOLOGY

National Prison Association. Incidentally we suggest sources of information, the authorities used, the accessible materials for study, and the points upon which discussion may most profitably be concentrated.

I. THE AIMS AND SCOPE OF CENTRAL CONTROL AND SUPERVISION OF PENAL INSTITUTIONS.

While the nature and purpose of central control and supervi- sion can be best understood after the details are presented, yet a provisional definition will narrow the range of thought and focalize discussion on the essential matters.

1. "Central" control and supervision means (in this report) the action of the executive and specialized administrative depart- ment of the government of a commonwealth (or of the federal government) in relation to penitentiaries, reformatories, jails, workhouses, bridewells, houses of correction, and, perhaps, reform schools.

The state legislature is the body which, under the constitu- tions of state and nation, frames the penal code. The smaller political units do not have this power, for the municipal ordi- nances which are enforced by minor penalties do not relate to crime in the proper sense, and municipal councils derive their powers from the legislature of the commonwealth. This fact is a necessary part of our definition, and it is a vital consideration in the arguments which will conclude our report.

By "central" control and supervision, therefore, we mean an action of a branch of the government which makes the laws; and we exclude the action of smaller political units as coun- ties, townships, and municipalities; and we exclude merely pri- vate and unauthorized associations.

2. What do we mean by "control" and "supervision"? These are not the same thing in character or purpose. The resolution under which we were appointed has two distinct expressions, and the words are not meant to be exact synonyms.

The object of "supervision" is publicity, and it may include counsel and advice. The executive department of the state government cannot act wisely without information. The legis- lature needs exact and detailed knowledge in order to modify