Be It Further Resolved, That the Legislature be urged to make provision for the establishment of such a reformatory as early as possible. (Signed) JERRY F. CONNOR, JOHN H. CHADSEY, Judge Hartzell of Buffalo: With your permission, before adjourning I would like to refer to Topic No. 8 that we were discussing this afternoon. Judge Schlessinger had a suggestion he wished to bring before the conference. In the discussion this afternoon of Topic No. 8 you will recall that Commissioner Wade gave certain features of legislation that he had in mind that would prove effective in dealing with that subject. Judge Schlessinger wished me, in his absence this evening, to make a motion for him: That a committee be appointed by the chair to draft resolutions expressing the sentiment of the magistrates as in favor of some legislation at the next session of the Legislature to extend the effective workings of the law dealing with adults guilty of contributing to the delinquency of children. The chairman appointed on this committee Judge Schlessinger of New Rochelle, Judge Hartzell of Buffalo and Judge O'Connor of Utica. SATURDAY MORNING. Judge Schlessinger of New Rochelle: I want to say to you, Mr. President and Mr. Secretary, and to all the gent'emen, that I have enjoyed and have been much interested in the discussions. I would like to make a motion. You said that at the two most delightful repasts tendered yesterday we were the guests of a former member of your commission. I think it is most fitting that we should tender to this gentlemen our grateful appreciation and sincere thanks for this hospitality. Seconded by Recorder Gill of Elmira and Judge Thompson of Middletown. Carried. Additional remarks of a similar nature were made by a few others. Judge Gill of Elmira: I move that we magistrates here assembled extend our sympathy to Governor Hughes in the affliction that he is now undergoing through the serious and probably critical illness of his father. Judge Schlessinger of New Rochelle: I second the motion. Judge Gill of Elmira: Will the secretary please draft that resolution and send it to the Governor. Judge Hartzell of Buffalo: I beg to report that the committee appointed to report on an amendment concerning adult contributory delinquency has prepared a resolution to be offered at this time. The Committee is composed of Judge Schlessinger, chairman, Judge O'Connor and myself. The resolution is as follows: Whereas, A large proportion of the delinquencies of children are due to the neglect, indulgence and wrongful acts of parents, guardians and sometimes of other adults, and the punishment of the child alone is not sufficient under such circumstances to exercise the necessary corrective influence; and Whereas, The reformation of the child and the improvement of home influence is essentially the same problem, and should be heard before the same magistrate; and Whereas, Section 483 of the Penal Law is too limited in its application to reach a proper solution of the difficulty, and too severe when enforced under the present criminal procedure; This committee recommends that an amendment be made to the Penal Law providing that adult contributory deliquency be a misdemeanor; that the parent, guardian or other adult charged with contributing to, or being responsible for, the delinquency of the child, be summoned into court for a preliminary investigation; that such parent, guardian or other person when found to have contributed to, or to be responsible for, the delinquency of the child, be placed under the supervision of a probation officer or such sentence be imposed as the court may deem advisable; and, that original and exclusive jurisdiction over such cases be vested in courts presided over by magistrates hearing cases of children. (Signed) MARK. M. SCHLESSINGER, ALBERT A. HARTZELL, JAMES K. O'CONNOR. Judge Gill of Elmira: I move that the report of the special committee be adopted. Seconded by Judge Belanger of Cohoes. Carried. Judge Merrill of Glens Falls: Is this proposed change to be mandatory or simply in the discretion of the magistrates? (Answer) In the discretion of the magistrates. Judge O'Connor of Utica: I think this meeting has done a great deal of good, and that each of us goes away with somewhat modified views. It seems strange to me that no one ever thought of such a conference before. If there is a body of men who need to meet for discussion it is the police magistrates. I think this meeting will undoubtedly be productive of much good in the future, and I have a notion that it would be well for us to perfect some sort of a tentative organization, at least so that in the future similar meetings of this kind could be held. As we pass along there will be others to take our places, who will need the advice of those who have had more experience. Such conferences will probably tend to increase humanizing influences. If we can do one single act to relieve some poor unfortunate who is not a criminal, or if we remove a confirmed criminal from the general body of the public, we have done the State a good. If we save the individual we have not only done that individual a good, but we have done the State a good as well. I think a committee of three or five should be appointed with power to create a preliminary organization, and to appoint officers who shall serve the first year. I am too busy a man myself to serve. I would move that a committee of five be appointed consisting of Judge Piper, Judge Chadsey and three others. Judge Chadsey of Rochester: The Probation Commission is the originator of this, and I think it ought to be left in their hands. We do not expect to be their guests, but I think the Probation Commission ought to be the ones to call us together. Judge Reynolds of Amsterdam: I second the motion of Judge O'Connor that a committee of five be appointed, and suggest that this committee work with the President of the Probation Commission. Other speakers proposed the names of Judge Brady of Albany and Recorder Gill of Elmira. Judge Chadsey of Rochester: Please drop out my name and substitute the President of the Probation Commission. President Folks: I am sure that the Commission will be glad to work with the committee in any practical way in assisting with the preliminary arrangements. The main point is that a committee consisting of Judge Piper, Judge Chadsey, Judge Brady, Judge Gill, and some member of the State Probation Commission be appointed, and be requested to arrange for another conference of city magis trates and to call such a conference next year. The chairman of the committee, I assume, is authorized to fill any vacancies. When the present conference was arranged it was experimental, and it was thought best, for the first conference at least, not to include the New York City judges for the reasons that they work so extensively under their city charter; that they commit largely to New York City institutions, and that the conditions there are in general so different from those of other cities. Can we have an expression of opinion at this time as to what magistrates should be included in the next conference? Judge Stevens of Rensselaer: I think it would be wise to leave that to the committee. The New York City magistrates are working along different lines from those in other parts of the State. Speaker Wadsworth yesterday made the assertion that it would be well to have the magistrates make recommendations to the Legislature. I move that the committee just provided for on organization of the next conference, be also a committee on legislation and arrange for attendance at hearings on bills which affect matters in which the magistrates are interested. Seconded and carried. Judge Merrill of Glens Falls: It seems to me that the magistrates of New York City work under such a different system than that found elsewhere, that their point of view would be entirely different from that of the judges of the other parts of the State. If you put in all the New York City judges you will have an organization differing too largely in interests and conditions to be effective. President Folks: We included in the latter invitations the police justices of the five villages having over 10,000 population, because they are bigger than some cities. In the future we might include magistrates of villages having, say, eight thousand or more population Examination for the Supreme and County Courts of Erie County. About one hundred persons took the examination in Buffalo on January 23, 1909, for the position of probation officer in the Supreme and County Courts of Erie county. Those who passed the written examination-numbering about thirty-five-were subsequently given an oral examination, which included their personal qualifications and experience as subjects for examination. The State Civil Service Commission in conducting the examination was assisted by Frederic Almy, secretary of the Buffalo Charity Organization Society and formerly a member of the temporary State Probation Commission of 1905-06, and by Commissioner Frank E. Wade of the State Probation Commission. In the oral examination the questions asked were intended to indicate the aptitude and fitness of the candidates for probation work. The written questions used in the Erie county examination were as follows: 1. Describe the nature and purposes of probation. 2. (a) What personal qualifications do you deem most important for success in a probation officer to deal with cases arising in a court of record? (b) Mention matters, qualities or facts which, affecting a probation officer, would be serious impediments to success in such work. 3. (a) In what cases is probation not allowed by law? (b) What is the legal limitation of the term of probation? 4. (a) What is the legal procedure to terminate probation on account of misbehavior of the probationer? (b) Describe the legal powers of a probation officer. 5. State in detail the duties of a probation officer as you understand them. 6. What should you do in each of the following cases of probationers: (a) man, 25, unmarried, slightly defective mentally, |