and properly directed aid enabled him to become an industrious and respected citizen.

The earlier probation is applied, the better.-A probation officer can often save children from evil ways by removing them from the influences of bad associates. During the summer of 1907 a 15-year-old boy who had become ungovernable through the influence of a gang of boys in one of the larger villages of the State, ran away from home. He broke into a store, slept in the store basement, and stole money from the cash-drawer. This was his

first arrest.

The probation officer saw the boy each week or oftener and, by appealing to his better nature, induced him to find better companions and to obey his parents. His habits improved, and after the year of his probation ended, he accepted the invitation of the probation officer to continue their friendship and during the next two years he called on the officer frequently. The young man is now regularly employed and doing well.

Preliminary investigations by probation officers of the history, character and circumstances of defendants are of great service in determining whether defendants should be placed on probation or should be dealt with otherwise. Such investigations may show on the one hand that defendants apparently of previous good repute and seemingly entitled to clemency, are vicious and undeserving, and on the other hand that other defendants whose appearance is at first unfavorable are deserving of leniency and help.

Investigation saved a nineteen-year-old youth from prison.- A young man, nineteen years old, who had previously been arrested four times and committed to institutions three times, was naturally supposed by the court on the occasion of his next arrest, which was on the charge of receiving stolen property, to be incorrigible. When less than sixteen years old he had been arrested for drunkenness. An investigation by the probation officer showed that the youth was naturally ambitious and well-meaning, but had been led into misconduct principally through associating with a very bad gang. His home influences were good, but the part of the city in which he lived was very undesirable. The results of the investigation induced the court to place the young man on probation. After he was placed on probation the family moved to a better section of the city; he went to work and still holds the same position; his companionships and habits are improved, and he is now contributing to the support of the home.

Investigation led to probation in a case of abandonment.-A man convicted of abandoning his wife and six children had been arrested twice before, once for fighting with his brother-in-law and once for not supporting his family. At the time of his last arrest four of his children were in an orphan asylum, and the mother was trying to take care of two other children by earning

such money as she could and receiving city relief. Practically all of the household, furniture had been put in storage. The probation officer's investigation indicated that in spite of the man's record he was of such a temperament, and the conditions pertaining to the case were such, that improvement might be brought about by probation. The outcome, after the man was placed on probation, justified this conclusion. The probationer who was a good mechanic, was naturally industrious, honest and quiet in his habits. The chief cause for his domestic troubles was found to lie in interference with his affairs by his wife's relatives. When placed on probation, he secured good employment and is now earning over $100 a month; he was required to pay a stipulated amount each week through the probation officer for the support of his family; he took the furniture out of storage; moved away from the influence of his wife's relatives; brought the children home from the orphan asylum; and the city relief was discontinued.

The investigation in the next case showed the defendant required stern treatment.

Investigation showed a bad record.-A man indicted for burglary secured a letter stating that for five years he had worked for a contractor and was of good reputation. Two women, one claiming to be his mother and the other his wife, appeared at the trial to beg for the man's release. The court might have been influenced by the letter and the appeals of the women, were it not for the facts disclosed through an investigation by the probation officer. Inquiries by the probation officer convinced him that the man had not worked as the letter stated; and proved that the two women instead of being related to the man, were prostitutes with whom he had consorted; that the man had a bad police record, and that he had only recently been released from Sing Sing prison.

The practice of requiring offenders to pay restitution or make reparation to the aggrieved parties for the losses or damages caused by their offense, is increasing.

Two men who refunded the money they had stolen.-A clerk convicted in a county court of stealing $175 from his employer, was placed on probation and made to refund this amount. While on probation he paid the entire sum in instalments, some being as small as one dollar. Had he been imprisoned or fined, the employer would not have been re-imbursed for his loss, and the effects of imprisonment on the young man might have been harmful. The probationary treatment not only resulted in the restitution of the money, but also benefited the young man. During the six months he was on probation his wages were increased more than they had been during the previous ten years.

The man was weak-willed
While drunk he was per-
He made full restitution

Another man in the same county was placed on probation for having stolen over $30 worth of cigars from a saloon. and had associated with undesirable companions. suaded by an older man to commit the theft. within two months, and is now working steadily and providing for his family.

Among adults some of the most marked benefits of probationary treatment are found in cases of public intoxication.

A drunkard helped to keep sòber.— A man over 50 years old, who was a confirmed drunkard and had been arrested before for public intoxication, was placed on probation three years ago for six months. When drunk he was very ugly and abusive to his family. Through the encouragement and aid given by the probation officer, the man refrained from drinking while on probation, and since passing from probationary oversight he has remained temperate. He frequently stops the probation officer in the street to thank hirn for what he has done for him.

Although in many instances drunkenness is not overcome permanently, much good is accomplished by bringing about temporary abstinence.

Temporary help better than no help.-Illustrative of this is the case of a paper-hanger about 40 years old, placed on probation four times in a little over two years for public intoxication. While on probation he is able to control his thirst for liquor, and earns from $15 to $18 a week. Shortly after the expiration of the probationary period (which is unfortunately limited in such cases by the present law to six months this corresponding to the maximum period of commitment for this offense),* the man again resorts to drink; whereupon his wife has him re-arrested and requests that he be placed again on probation. Although only temporary in its effects, the probation is decidedly advantageous both to the man and to his family.

The following testimony, written to a Brooklyn probation officer by the wife of a man placed on probation for public intoxication, gives evidence of the gratitude which families feel when probation prevents a family bread-winner from spending his money for drink.

"I write a few lines to you letting you know that my husband is on good behave for the last to weeks i am so Glad he is a new man when he does not Drink. He has got to work."

Another way in which probation proves beneficial is in making it possible for poor persons to pay fines in instalments.

Making persons earn their own fines.-A police judge had before him a youth about 19 years old who had committed serious depredations requiring correctional treatment. The only institution to which the young man could be committed was to a jail or penitentiary, and this, considering his age, would

Under chapter 610, Laws of 1910, such a person can be kept on probation for two years.

have been undesirable. As the best means of punishing the young man, the judge fined him $25. This amount, however, the young man was unable to pay, and in default of paying the entire amount at once he would, under the old practice, have been committed to the jail or penitentiary. The young man's father might have paid the fine, but this would have punished not the young man, but his innocent father. The judge, wishing to save the youth from imprisonment and at the same time to make him pay the fine himself, placed the young man on probation and required him while on probation to pay the fine in weekly instalments.

The relations between a probation officer and those under his care should be of a friendly character. The friendly relations when well established often persist long after the probation ends.

How an ex-felon shows his gratitude.—A well appearing young man nearly thirty years of age called upon a probation officer one Saturday afternoon while a representative of this Commission was visiting the officer. The young man had been convicted several years before of grand larceny. Since passing from probation his conduct has been above reproach. The man has such a deep regard for the probation officer on account of his invaluable aid, that he has made a practice of calling on the probation officer nearly every Saturday afternoon since he passed from probation several years ago.

Another case formerly under the care of this officer was cited, as follows, in a pamphlet on County Probation Officers, recently published by this Commission.

In 1903 a young man who had broken into a house and stolen jewelry and clothing was convicted by a county court of burglary and larceny and placed on probation. As a boy the probationer had been beyond the control of his parents, and as a young man his associates and habits were very bad. He was kept under the supervision and guidance of the probation officer for two years, during which time the probation officer talked with him every week and helped him in securing employment as well as in other ways. At the end of the two years the young man had completely changed his habits. He is now regularly employed as a decorator and lives at home on good terms with his parents. The probation officer and the young man still maintain a friendship and occasionally enjoy a meal together.

What Probation Is, and How it is Used.

Probation is a system of disciplining and seeking to improve the conduct and character of offenders, without committing them to correctional institutions. In placing defendants on probation, a court conditionally releases them on good behavior and places them under the friendly but authoritative oversight of a proba

tion officer, appointed by a magistrate or board of magistrates. The court requires the probationers to follow a proper course of conduct, requiring them for instance to keep away from harmful companions, to attend school or work regularly, and to avoid bad habits. If the probationers fail to do this, the probation officer is empowered to return them to court for more drastic treatment.

The methods used by probation officers in keeping informed about those under their care, and in trying to help them to improve their habits and circumstances, vary with the needs of the persons on probation. It is usually customary for a probation officer to require each person assigned to his care, to call on him every week or so, and for the officer, in turn, from time to time to visit the probationer. The probation officer inquires discreetly about the probationer from various persons, and reports to the court usually once a month concerning the probationer's behavior and manner of life. The probation officer is expected to study the characteristics and environment of each person under his charge, in order to adapt the remedial treatment to the actual needs. Probation officers in seeking to help probationers use such measures as these: Befriending and advising the probationers; persuading them to form better companionships and to have less harmful amusements; securing employment for them; improving their home conditions; inducing them to take better care of their health and to cultivate thrift; and obtaining the co-operation of such persons and such charitable, religious or social agencies as may be advisable.

While the spirit of probation is merciful and humanitarian, it is not intended to minimize the seriousness of criminal offenses. Careless or sentimental probation work is to be avoided. The administration of the system should be properly organized, and characterized by zeal, vigilance and thoroughness on the part of probation officers.

Much discrimination is needed in selecting defendants for probationary treatment. Those most likely, as a rule, to be controlled and benefited by it are children and first or occasional offenders. among adults. A court can be aided in determining whether probation is advisable in any particular case by an investigation of the defendant's history and surroundings by a probation officer.