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SEC. 4. That the control and management of such industrial farm shall be vested in the Attorney General of the United States, who also shall have power to appoint a superintendent, assistant superintendent, and all other officers and employees necessary for the safe-keeping, care, protection, instruction, and discipline of said inmates.

SEC. 5. That it shall be the duty of the Attorney General to provide for the instruction of the inmates in such institution in the common branches of an English education, and for their training in such trade, industry, or occupational pursuit as will best enable said inmates on release to obtain selfsupporting employment.

SEC. 6. That the Attorney General is hereby authorized, in his discretion, to transfer to such institution, as accommodations thereat become available, all persons eligible under the terms of this act for incarceration in said industrial farm, who are now, or shall hereafter be, incarcerated in other prisons, penitentiaries, leformatories, or houses of correction, and who are proper subjects for incarceration in said institution, and to transfer from such industrial farm to a suitable State or Territorial prison, penitentiary, or re. formatory any inmate who is found by him to be incorrigible, or whose presence in said industrial farm is found detrimental to its well-being. Such transfer shall be made by the United States marshal of the judicial district in which the institution from which the transfer is to be made is located. The actual and necessary expense incurred in such transfer shall be paid from the judicial funds.

SEC. 7. That four citizens of the United States of prominence and distinction, who shall be appointed by the President for terms of three, four, five, and six years, respectively, from the date of the taking effect of this act, the term of each to be designated by the President, but their successors shall be appointed for terms of four years, except that any person chosen to fill a vacancy shall be appointed only for the unexpired term of the citizen whom he shall succeed, and who shall serve without compensation, shall constitute, together with the Attorney General of the United States, the Superintendent of Prisons of the Department of Justice, and the superintendent of the United States Industrial Farm for Women, a board of advisers of said industrial farm. It shall be the duty of said board to recommend ways and means for the discipline and training of such inmates that, on their discharge from such institution, they may secure suitable employment. Expenses of said board shall be paid out of the appropriation for the maintenance of the farm.

SEC. 8. That the inmates of such industrial farm shall be eligible to parole under sections 1, 2, 3, 4, 5, 6, 7, and 8 of the act of Congress approved June 2.), 1910, being an act to provide for the parole of United States prisoners, and for other purposes. Such inmates shall be entitled to commutation allowances for good conduct in accordance with the provisions of the act of Congress approved June 21, 1902, and entitled “An act to regulate commutation for good conduct for United States prisoners," and the acts amendatory thereof and supplemental thereto.

SEC. 9. That every inmate, when discharged from such industrial farm, shall be furnished with transportation to the place of conviction or place of bona fide residence, or to such other place in the United States as may be authorized by the Attorney General, and shall be furnished with suitable clothing and $10 in money.

SEC. 10. That all acts or parts of acts inconsistent with the provisions of this act are hereby repealed.

Mrs. WILLEBRANDT. I understand the committee is now considering the industrial reformatory for young men?

The CHAIRMAN. We are considering both.
Mrs. WILLEBRANDT. You are considering both together?

Mrs. WILLEBRANDT. Then, as far as any statement concerning the industrial reformatory for young men goes, I will not repeat anything that Mr. Votaw has said, because he is in command of the facts very much better than anybody else in our department, except to say-and I would like that to appear in the record-that the handling of young men first offenders has been an administrative problem of growing perplexity for the past three years, so that everyone in the Department of Justice, from the Attorney General down, who comes in touch with this problem at all is extremely anxious to see the increased population handled by the establishment of some sort of an institution whereby young men first offenders may be given a separate treatment from the hardened criminals. There is an added suggestion that might be made to what Mr. Votaw has said in that connection: We are constantly met, as I am sure every member of the committee is, by the criticism and by the question, if it does not amount to criticism in the minds of lawyers and of the public generally, about the light sentences that judges impose upon young men and about the increasing number of applications for pardons.

One of the chief reasons for the application for granting of the pardons we are getting through the Department of Justice to-day is the reason advanced that this man has always previously borne a good character, and to put him in an institution, such as the present Federal penitentiaries are, will increase the social problem of him as a criminal.

There is undoubtedly a great deal of truth in that, but most people have come to believe that the place to do the correcting is not by excusing the offender of the law from all punishment, because he has previously been of good character, but to provide a place where, if he is incarcerated for a short period of time, his criminal tendencies will not be increased but he will rather be developed out of them, if it is possible to do it.

As to the House bill 685, which is a bill to establish a Federal industrial farm for women, the committee will know that it is a measure which in reality, like the one that you have just had under consideration, the young men's reforatory bill, is an enabling aci rather than an act creating an institution at a certain place.

May I state that experience last year, when we tried to provide for the critical situation which the Department of Justice found itself in last spring in the question of finding a place for women who are sentenced by Federal courts, has led us to believe that this is the better way to establish a Federal prison. This is the means that was used in the establishment of the other Federal prisons, Leavenworth and Atlanta. Therefore, this is drawn on general lines to enable a committee composed of the Attorney General, the Secretary of Labor and the Secretary of the Interior to find a place to establish a women's reformatory.

The CHAIRMAN. May I interrupt to ask a question?
Mrs. WILLEBRANDT. Yes, sir.

The CHAIRMAN. This bill, although introduced by me, was it not prepared in the Department of Justice?

Mrs. WILLEBRANDT. This measure was prepared in the Department of Justice. It was the outgrowth of a conference called by the chairman of industrial institutions in the General Federation of Women's Clubs at the conference, which conference resulted in certain resolutions submitted to the Department of Justice. There were represented some 11, I believe it is, general clubs and associations of women over the entire United States, all of the national organizations. They drew up resolutions calling upon the Attorney General to draft a bill. As a result they have indorsed the measure, or five of the large national organizations composing the joint congressional committee have indorsed this measure and this bill that was introduced by the chairman of this committee, and they have also indorsed the principles embodied in the bill you just have had under consideration for the young men's reformatory and the principles of another measure which has already been under consideration.

Mr. FOSTER. And representatives of several of those organizations are here this morning?

Mrs. WILLEBRANDT. They are here and I would be glad to hear from them.

Mr. FOSTER. Whether we hear from them or not, I think the record should show that they are here.

Mrs. WILLEBRANDT. I belive the facts and figures that make it necessary for us to establish a place for incarceration of Federal women prisoners are already before this committee. You had them very fully before you in the consideration of the Mount Weather bill last year. However, the acute situation which the Federal Government faced at that time has increased.

The CHAIRMAN. Have you any statistics to-day?

The CHAIRMAN. Well, if there is no objection, they will be incorporated in the hearing.

Mrs. WILLEBRANDT. In 1921 the number of women which the Federal Government had placed around in institutions over the United States was 192, in 1922 that number grew'to 247, in 1923 it has grown to 563.

Mr. DYER. What are the offenses, Mrs. Willebrandt, that brought about that increase especially?

Mrs. WILLEBRANDT. You want the sort of offenses?
Mr. DYER. Yes.
Mrs. WILLEBRANDT. Or my reason for the cause?
Mr. DYER. No; the offenses.

Mrs. WILLEBRANDT. Well, I have not the exact offenses. It would take a great deal of tabulation to get them up. I would be glad to have that as nearly as we can tabulate it given to this committee, if you desire. Largely the increase is because of the increased rigor of punishment under the narcotic laws.

Mr. HERSEY. Where are these women now sentenced to? To what place or places?

Mrs. WILLEBRANDT. Now we have to place women Federal prisoners in any institution, State, county or city, that the Federal Government is able to make a contract with. The contracts which the Federal Government had for the placement of these prisoners & few years ago have been one by one canceled by the local institutions until very shortly, just a very few weeks ago, we were faced with having no place to place some 20 women who had just been sentenced.

The CHAIRMAN. Is it not a fact that the State institutions are themselves crowded so that they can not make contracts with the Federal Government?

Mrs. WILLEBRANDT. Some of them give crowding as the reason why I believe most of them do. Others give the fact that the Federal Government can not pay the high prices that they as States have to charge to make their institutions self-supporting.

Many State institutions are very small institutions and the per, capita cost, therefore, of the upkeep of the women runs quit high. The price has grown from 50 cents a day up to $1.50 a day. When the State institutions do not send us word that they will receive no more prisoners, they serve us with the peremptory notice that! hereafter the price will be double, so that in the interests of both humanity and economy the establishment of a place where we can segregate the women Federal prisoners and give them uniform treatment and keep their per capita cost some place down commensurate with the per capita cost at which we are keeping men prisoners in most essential.

Mr. DYER. Mrs. Willebrandt, you are in charge of the narcotic prosecutions, are you not?

Mrs. WILLIBRANDT. No; the cases under the narcotic law fall under the criminal division of the Department of Justice. I have charge of tax and prohibition cases. I know of the narcotic because our two departments dovetail very closely and only because of the fact that the prisoners are in my division.

Mr. DYER. You know that the convictions under the narcotic act have increased in the last year or so and have been increasing rapidly?

Mrs. WILLEBRANDT. The convictions are increasing rapidly; yes, sir.

Mr. DYER. Do you happen to know whether those convictions are of the addicts or those who are responsible for this traffic?

Mrs. WILLEBRANDT. I think it is the traffickers. There has been great crusade, if I might use that word, on the part of the Department of Justice and the United States attorneys all over the country to make a drive against narcotic peddlers and a great many of those peddlers, I am sorry to say, are women, and the Federal judges are not cringing for sentencing these women, so we are getting the flood in our department and do not know what to do with the women. That is what we are passing to this committee.

Mr. DYER. I will state that in my city, St. Louis, while I do not know as a matter of fact and have not made personal investigation, it has been told me by a number of people apparently with knowledge that convictions there under the narcotic law are mostly of addicts and that the people responsible for this great evil and crime have been able to escape the clutches of the law.

Mrs. WILLEBRANDT. Where is that?
Mr. DYER. St. Louis.

Mrs. WILLEBRANDT. I can not answer as to whether that criticism is just or unjust. I have an idea, however, that the criticism is partially just in every place, because the person who is responsible is much harder to catch than the poor addict himself.

Mr. DYER. Your department has charge of the men who are appointed

Mrs. WILLEBRANDT. No; that is under the Treasury.

Mr. DYER. You are not responsible for any failure on their part, if there are failures?

Mrs. WILLEBRANDT. No; we just handle the cases after they furnish us the evidence. We prosecute the cases. The agents are under the Treasury Department.

Mr. Dyer. There is much complaint in my city that the men who are responsible for the narcotic traffic as well as those who are responsible for the liquor traffic escape punishment and that the only people they get are those who are called the “ small fry”. If we want to break up the traffiu in these things we must get the responsible leaders, as you know, as Assistant Attorney General.

Mrs. WILLEBRANDT. There is a great deal of justified criticism along that line. The higher up the criminal is, the harder he is to catch.

Mr. FOSTER. Undoubtedly St. Louis will be glad to know that the percentage of convictions has been increasing rapidly.


Mr. DYER. They have been increasing there in St. Louis, but they are not convictions of the people to bring about the best results of law enforcement.

The CHAIRMAN. If the chairman may be allowed to suggest, while this is very interesting it is not germane to the subject.

Mrs. WILLEBRANDT. I would like it to appear in the record, to resume again the matter that is under discussion, this measure, that the institutions that formerly charged 40 cents a day for the upkeep of our women are now charging 75 cents, and ones who formerly charged 80 cents have advanced to $1 and some as high as $1.25 and others to $1.50 a day. I would like to also suggest that the narcotic law is not the only reason for the increase in the number of women Federal prisoners. Probably 50 per cent of our women are convicted under the narcotic laws, but many other recently passed statutes that mean that the Federal Government is now taking cognizance of crimes that formerly were only punished by States, add to the number of women quite as much.

We have some recent examples of the critical situation that has developed in the handling of women prisoners that I should like Mr. Votaw to give so it would be before this committee and a matter of record, too.

Mr. MICHENER. Provided this bill becomes law, Mrs. Willebrandt, is it your purpose as the head of that department to advocate Mount Weather as the location?

Mrs. WILLEBRANDT. I do not even know that I will be on the committee.

Mr. MICHENER. I am assuming that you will.

Mrs. WILLEBRANDT. Assuming that I represent the Department of Justice I would say that I have no place in mind at the present time. I believe it ought to be the duty of this committee, if Congress passes this act enabling the committee to find a place, to survey all of the places that the Federal Government owns and set off against them all of the places that the Federal Government can get, and to weigh their respective advantages and disadvantages. I think the members of this committee who were here last year will remember that I said something to that effect. Mount Weather has its disadvantages. The chief one in my mind is that it is not large enough, it has not land enough. It will also be a partial answer to your question to know that the group of women's organizations

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