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of the warden on the subject of prison and reformatory management generally. They afterwards took the evidence of Dr. Byers as to the construction and management of prisons and reformatories; the changes which have been made in the laws of the State relating to such institutions; the scope and operation of existing laws and the changes that are still desirable, especially in the laws relating to the parole system and the modes of dealing with juvenile offenders and indigent or neglected children; also as to the causes of crime and the possibility of reforming confirmed criminals.

At 9.30 p.m. the Commissioners left Columbus for Toronto.

On September 10th the Commissioners met at Toronto. Several matters were discussed. Dr. Rosebrugh submitted a report of what he had seen of the method of dealing with juvenile offenders in Boston when they are arrested, and afterwards a report of what he had seen of the management of the Wayfarer's Lodge in that city: a report of what he had learned in an interview with the general manager of the system on which the Burnham industrial school, near Troy, N.Y., is conducted and of the work done there. (See papers marked "C, D and E" in the appendix.)

It was agreed that the chairman should consult the Honourable the Attorney General as to the expediency of sending one or more members of the Commission to attend the Congress of the National Prison Association of the United States, to be held at Cincinnati, O., commencing on September 25th and continuing to October 1st.

It was afterwards arranged that the secretary should attend the Congress. His report (paper G) is published in the appendix.

The Commission met on October 25th and visited the Toronto gaol, which they inspected very carefully.

The Commission held a public session in the city of Toronto, commencing on October 29th. The sheriffs and gaolers of the counties of Grey, Dufferin, Halton, Waterloo, Wellington and Northumberland and Durham; the acting sheriff and the gaoler of the county of Simcoe, and the gaolers of the counties of York, Ontario, Peel and Peterborough appeared in obedience to summons and gave evidence. Dr. Clark, medical superintendent of the Toronto lunatic asylum, and Dr, Richardson, surgeon of the Toronto gaol, were also examined.

Mr. Pell, secretary of the Associated Charities, gave evidence and Mr. W. A. Douglas read and submitted a paper as to the causes of crime.

Mr. John Cameron, gaoler of Woodstock, Mr. Kitchen, gaoler of Brantford, and Mr. Coulson, gaoler of Welland, appeared on behalf of the Gaolers' Association to state what changes they think should be made in the construction and management of gaols and the construction of gaolers' dwellings, and what changes as to the salaries, classification and promotion of gaolers they think desirable. The Commission adjourned on October 31st.

The Commission resumed its sittings in Toronto on November 12th. Mr. Francis S. Spence, secretary of the Dominion Alliance, for the suppression of the liquor traffic; Mr. Robert Christie, inspector of prisons; Mr. James Massie, warden of the Central prison; Mr. W. H. Howland, superintendent of the Mercer reformatory Sunday school; Lieut. Col. Grassett, chief of the Toronto police; Mr.J. J. Kelso, secretary of the Humane Society; Mr. George Alfred Barnett, superintendent of the News boys' home; Mrs. O'Reilly, superintendent of the Mercer reformatory, and Miss Elliott, teacher in the refuge for girls were examined.

Rev. J. W. Baldwin, rector of All Saint's Church; Hon. G. W. Allan, speaker of the Senate, and Dr. Goldwin Smith, appeared as delegates from the Associated Charities of Toronto to present the views of the Association respecting the best mode of dealing with tramps and vagrants.

Mr. D. J. O'Donohue appeared as representative of the Trades and Labour Council and stated the views of that body as to the introduction of technical training in the public schools; as to the in lustrial training of the inmates of industrial schools and reformatories; as to the work on which the inmates of the Central prison should be employed, and as to the effects of assisted emigration, and the introduction of boys and girls from reformatory institutions of Great Britain, on the volume of crime and the number of criminals in Canada.

On the afternoon of November 12th the Commissioners inspected the Central prison, examining all parts of the building carefully under the guidance of the warden, and seeing the prisoners engaged in the workshops and on the grounds. They afterwards visited the Andrew Mercer reformatory for women, and the Refuge for Girls, and examined all parts of these institutions, accompanied by the assistant superintendent.

The Commissioners held several meetings to consider what their report should be; but it was thought advisable that the Protestant and Catholic chaplains of the Reformatory at Penetanguishene should be examined, and also Mrs. Coady, Assistant Superintendent of the Mercer Reformatory for Women, before the taking of evidence was closed. Therefore they were invited to appear at a session to be held in Toronto, on the 8th of December and the subsequent day. Mrs. Coady and Mr. Laird were examined on the 8th, on which day also Mr. M. F. G. Round, Corresponding Secretary of the Prison Reform Association of New York, and founder and superintendent of the Burnham Reformatory for Boys in that state, attended and gave evidence. On the 9th Mr. Pattyson, one of the Protestant chaplains of the Reformatory for Boys, appeared and gave evidence, speaking for himself and Rev. Mr. Currie. Rev. Mr. Kingston wrote that he was prevented from attending by serious illness in his family. Rev. Mr. Gibbons, the Catholic chaplain, was prevented by his religious duties from attending, the 8th of December being a holiday of obligation in the Catholic Church. The evidence of Mr. Massie, Warden of the Central Prison, was completed on the 9th.

The Commissioners also thought it desirable to visit the State Industrial School at Rochester, N.Y. Accordingly Messrs. Langmuir, Drury and Anglin left Toronto by the 4.55 p.m. train, on December 12th. They arrived at Rochester after midnight, and next morning visited the school. They spent the whole day in inspecting the workshops, play-grounds, dormitories, kitchens, dining-rooms, and other parts of the school for the grown boys, the school for the junior boys, and the school for girls, looking at the boys at work, at play, in the dining-room and the drill-rooms, and receiving an explanation of the system and its working. The evidence of Mr. Murray, the Superintendent, and of Miss Craig, Superintendent of the Girls' Department, was taken at length.

DOMINION AND PROVINCIAL JURISDICTION IN RESPECT TO CRIMINALS.

Having thus briefly stated what official visitations the Commissioners made and what methods they adopted in obtaining evidence, and in gathering information regarding the matters into which it was their duty to make enquiry, it becomes necessary for the better understanding of the conclusions at which they have arrived, to state what are the powers, duties and responsibilities of the Dominion and Provincial governments respectively, with regard to the administration of justice and the custody and care of criminals as settled by the British North America Act; what was the extent, volume and character of crime in the Province when that Act went into operation; what they have been since; what proportion of the criminals and what classes of criminals became a charge on the Province;

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what institutions for the custody, care and reformation of these criminals were given to the Province, and what penal and reformatory institutions the Province has since established.

The British North America Act, Sec. 91, provides that "The Legislative authority of the Parliament of Canada extends to

Sub-Section 27, the Criminal Law, except the constitution of Courts of Criminal Jurisdiction, but including the procedure in criminal matters.

Sub-Section 28.-The establishment, maintenance and management of penitentiaries."

Section 92 of the same Act, provides that the Legislature of each Province may exclusively make laws in relation to

Sub-Section 6.-"The establishment, maintenance and management of public and reformatory prisons in and for the Province."

Sub-Section 7.-" The establishment, maintenance and management of hospitals, asylums, charities and eleemosynary institutions in and for the Province other than marine hospitals."

Sub-Section 14.-"The administration of justice in the Province, including the constitution, maintenance and organization of provincial courts, both of civil and of criminal jurisdiction, and including procedure in civil matters in those courts."

Sub-Section 15.-"The imposition of punishment by fine, penalty or imprisonment, for enforcing any law of the Province made in relation to any matter coming within any of the classes of subjects enumerated in this section."

Section 96 of the same Act provides that the Governor-General shall appoint the Judges of the Superior, District and County Courts in the Provinces, except the Courts of Probate in Nova Scotia and New Brunswick.

Section 99 provides that the Judges of the Superior Courts shall hold office during good behaviour, but shall be removable by the Governor-General on address of the Senate and House of Commons, and

Section 100 provides that the salaries, allowances and pensions of the Judges of the Superior, District and County Courts shall be fixed and provided by the Parliament of Canada.

The appointment of Justices of the Peace, Police Magistrates and District Magistrates was left to the Provincial authorities.

This division of powers and duties has not worked satisfactorily in all respects. The Act does not define the meaning of the word "Penitentiary," and the question has been before the Courts. The Act does not say where the power of pardoning or of commuting or of remitting penalties should rest. This power the Dominion Government contends, being of the prerogative, rests exclusively with the Governor-General as representative of the Queen. The Government and Legislature of the Province of Ontario contend that the Lieutenant-Governorin-Council has the power to remit or commute penalties imposed for breaches of any Acts of the Provincial Legislature, and this question is now before the Courts.

The Dominion Parliament has enacted that criminals sentenced to imprisonment for two years or any longer period should be confined in the penitentiaries, and that those sentenced to imprisonment for any shorter period should be confined in the provincial prisons, reformatories and common gaols.

CHARACTER AND VOLUME OF CRIME IN ONTARIO.

The extent of the burden thus imposed upon this Province and its municipalities as exhibited by the number of prisoners that passed through the common gaols in each year from September 30th, 1868, to September 30th, 1889; the increase in the number of commitments each year, and the proportion such commitments bear to the whole population of the Province are shown in the following table.

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The following table shows the numbers committed to the cominon gaols in the years 1869, 1875, 1880, 1885 and 1889, and the offences with which they were charged, and also the numbers that were convicted and sentenced in the years 1880, 1885 and 1889 :

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The official returns do not show the numbers sentenced previous to 1869.

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