The Eugenic Board, of course, should have power to remove any name from the register if it is of opinion that there is no longer any need for registration. There should be the right of appeal to a Judge of the Supreme Court against the decision of the Board to place a person on the register, and there should also be power to apply to a Judge for the removal of the name from the register in cases where the Board declines to do so. These provisions should, it is considered, effectively safeguard the liberty of the subject.

The machinery necessary to deal adequately with this vital question—vital in its influence on the purity of our race—must be somewhat extensive, but use should be made as far as possible of existing governmental and private agencies and organizations.

The work requires organization, and the first essential is, therefore, the appointment of an organizing head. Unless such an appointment is soon made the matter will drift. The heads of the existing Departments of State under whom such an organization might be placed have already more business to handle than they can comfortably overtake. Some one must be selected to specialize on this work and this work alone.

The question naturally arises as to the Department of State to which the proposed sub-department for the care of the feeble-minded might best be attached. In the judgment of the Committee the education of feeble-minded children should be continued by the Education Department, which has evolved a very successful system and is administering it well. After everything possible has been done in the matter of education a large proportion, as they grow up, will be quite unable to hold their own in the world, and for their own protection and safety, and in the interests of society, must be cared for in some institution, where they may be kept usefully occupied in gardening or farming, or in some handicraft which will serve to keep them in health and help to recoup the State some part of the cost of their maintenance. It is, of course, most essential that they should not be allowed to reproduce their kind, thus further enfeebling and deteriorating the national stock, adding to the burden of the community and to the sum of human misery and degradation. "To produce but not to reproduce" sums up the best scheme of life for these unfortunates.

Looking at all the circumstances of the case, it appears to the Committee that it would be better if the compilation of the register, the provision of the farm and industrial colonies, and the after-care of adult feeble-minded patients coming under Classes V and VI and "moral imbeciles" were entrusted to a special branch of the Mental Hospitals Department. It is essential that the feeble-minded shall be kept separate from the insane, while the feeble-minded themselves, of course, require careful classification.

It is very important that marriages with registered persons should be made illegal, and, as a corollary to this, that it should be made an indictable offence for any person knowingly to have carnal knowledge of a registered person. It should also be provided that any parent or guardian who facilitates or negligently allows any registered person to have carnal intercourse with another person shall be guilty of an indictable offence.

SECTION 10.—THE QUESTION OF STERILIZATION.

A question which has given the Committee much anxious thought is as to whether sterilization should be adopted as a method of preventing the propagation of the feeble-minded. That it would be an effective method as regards the persons operated on goes without saying. The operation of vasectomy in the case of males is a very simple one, which may be performed with the aid of a local anaesthetic, and may be said for all practical purposes to be unattended by any risk to the patient. In the case of women a similar operation on the Fallopian tubes, which is known as salpingectomy, is an abdominal operation and cannot be said to be entirely free from danger, although it is not regarded as very serious. Except for the prevention of fertility, the operation does not interfere with the sexual powers of the patient and has little or no effect on sexual desires. It has been stated that a process of sterilization by means of X-rays can be applied to either sex. The only evidence available, however, shows that this method is still in the experimental stage, and the Committee, for this reason, cannot recommend it, especially as there is a danger that it might damage the cells producing the internal secretions which influence the secondary sexual characteristics and so injuriously affect the general health and mentality.

Several States in America have passed laws providing for the sterilization of persons in State institutions who are—(1) Insane, (2) feeble-minded, (3) criminalistic.

In some of the States an appeal was made to the Supreme Court, and, the law being pronounced unconstitutional, no attempt was made to enforce it. In other States the law has been allowed to become a dead-letter. Up to the 1st January, 1921, the latest date dealt with by the most recently published work on the subject, there have been 124 State institutions legally authorized to perform operations for sterilization, of which thirty-one have made more or less use of their authority, while ninety-three have not. The total number of operations performed up to the date mentioned was 3,233, divided into classes as follows: Feeble-minded, 403; insane, 2,700; criminalistic, 130. Of this total of 3,233 operations the State of California contributed no less than 2,538, and in this State a single institution (the State Hospital for the Insane at Patton) is responsible for no fewer than 1,009 cases. A Bill introduced in 1924 into the Senate to legalize sterilization of mental defectives, &c., was rejected.

Dr. H. H. Laughlin, of the Psychological Laboratory of the Municipal Court of Chicago, has devoted several years to the study of this question, and has recently published the result of his researches in a book entitled "Eugenical Sterilization in the United States." He publishes the texts of all the laws past and present, gives his idea of a model sterilization law, together with the necessary forms for putting it into effect. He also deals with the physiological and mental effects of sexual sterilization. A reviewer of his book, writing in the Journal of Heredity of October, 1923, states forcibly the case for the opponents of sterilization. He expresses the opinion that "The release of sterilized individuals with feeble inhibitions or anti-social tendencies is the equivalent to the creation of so-many new and virulent foci of venereal diseases and promiscuity."

Furthermore, the Central Association for Mental Welfare of Great Britain, which was formed in 1913 to act as a co-ordinating and representative body on all questions affecting mental defectives and their relations to the community, not long ago referred the question to their standing Medical Committee, who gave the considered opinion that "sterilization at the present time is not a practical proposition."

The Committee of the Central Association being in complete agreement with this view, the Association decided not to advocate the policy of sterilization, because they consider that it would have only a limited influence in preventing the increase of mental deficiency, that it would be attended with certain harmful results in other directions, and because its adoption is impracticable. The Association's statement on this subject goes on to say: "It is very important to remember that although propagation by defectives is one of the causes of mental deficiency, nevertheless this is by no means the only social menace attaching to their presence in the community. If left unguided and unprotected, their lack of stability and control may lead them to commit serious crime, such as theft, arson, assault, and even murder. Their inability to maintain economic independence results in vagrancy and destitution. Their helplessness in the face of obstacles frequently brings about their complete collapse at the first rebuff which they have to meet. The interest of the community can only be adequately protected by the segregation of a considerable proportion of these persons in suitable institutions. A sterilized defective would not be any less liable to these happenings than would one who was unsterilized. A defective woman, from the fact of her being sterilized and incapable of bearing children, would be more prone to illicit intercourse, to adopt a life of prostitution, and to spread venereal disease. It follows that segregation would still be needed in the case of a very large proportion of defectives, but, if they are segregated, sterilization is unnecessary. On the other hand, there can be very little doubt that any general adoption of sterilization would, in actual practice, lead to the non-segregation of a large number of defectives who should be under care and thus to an increase of the foul evils mentioned."

Having thus stated the arguments against sterilization the Committee must now present the other side of the question.

In the first place, it is evident that, as far as the United States is concerned, the extension of sterilization of the mentally defective has received a grave set-back by reason of the declaration of the Supreme Court of the United States that the laws in certain States permitting sterilization are unconstitutional. This ruling, of course, does not apply to New Zealand.

Further, opponents of sterilization ask to be shown its good results; but obviously the results cannot emerge in one generation or in a comparatively short space of time, but only in the ultimate lessening of the proportion of mental defectives in the community by diminishing the hereditary supply.

There is no doubt also that much confusion exists in the minds of the public as to the meaning of sterilization and desexualization or castration. The process of sterilization, as has been shown, involves only a simple and safe operation and has the sole effect of preventing reproduction. Sterilization, therefore, should not be loaded with the objections which apply to the far-reaching effects of castration. The former, unlike the latter, is not prone to produce harmful effects upon the mind or morals of the sterilized individual.

The assertion that "sterilization at the present time is not a practical proposition" is difficult to understand. It is certainly practicable, and is as likely to be favoured as opposed by public opinion, especially that section of the public that understands the difference between simple sterilization and desexualization. As regards the suggestion that sterilization may lead to new foci of venereal disease, it must be borne in mind that the unsterilized feeble-minded are already prone to sexual promiscuity, and there is no evidence that sterilization would increase this tendency. The opponents of sterilization offer as an alternative only permanent segregation to prevent the transmission of mental defect. It is evident, however, that the cost of the segregation of all mental defectives capable of reproducing other mental defectives would be exceedingly heavy. The Committee advocates powers of segregation and of sterilization, these powers to be placed in the hands of the Eugenic Board, under proper safeguards and the right of appeal.

Sterilization in suitable cases is not a high price to pay for liberty. There are in our mental hospitals to-day men and women who suffer from recurrent insanity, who are admitted to the mental hospitals from time to time and discharged when they are better, and in the intervals between their admission cohabit with their wives or husbands, as the case may be, and bring more defective children into the world. If discretionary power were given to the Board as suggested it should, and no doubt would, be exercised cautiously and tentatively.

Sterilization gives the patient liberty to do useful work in the community, is less drastic than segregation for life, and on the whole a much slighter interference with the rights of the individual, which are surely subordinate in such cases to the rights of the State.

There are, of course, numbers of mental defectives who can never be allowed their liberty, and in the case of these the question of sterilization need not be considered. There are many cases of mentally defective girls, liberated from institutions in New Zealand for the purpose of engaging in domestic service or other work, returning afterwards the mothers of illegitimate children, probably also mentally defective. Unless such are to be maintained for years as wards of the State in institutions, should they ever again be allowed their liberty unless they undergo the operation of sterilization?

This is the question: Can the propagation of mental defect by mental defectives and the debasing of the race thereby be greatly checked if not completely prevented? The answer is assuredly, Yes, by segregation and by sterilization.

The Committee recommends that both methods be placed in the hands of the Eugenic Board, with powers to discriminate as to which method is the more suitable for each individual case. The two methods are complementary, not antagonistic, and suitable safeguards for the liberty of the subject are provided.

The Committee recommends that the Eugenic Board should be given the power in suitable cases to make sterilization a condition of release from any of the institutions under the charge of the Department of Mental Hospitals or removal of their names from the register on probation, but that in no case should the operation be performed without the consent of parents or guardians of the persons concerned.

The Committee consider that the persons so operated upon and liberated should be released on probation and kept under supervision for a reasonable period, and that they should be returned to institutional care if found to be leading an immoral life, or unable to support themselves, or for any other reason which the Eugenic Board may consider sufficient.

If the recommendation as to sterilization being authorized under the conditions specified is adopted, the Committee think it would be advisable to introduce some provision as in the American Acts, making it unlawful to perform operations whose object is the prevention of reproduction in cases not authorized by the Board unless the same shall be a medical necessity.

SECTION 11.—SEGREGATION.

It will be neither possible nor desirable to segregate all mental defectives. Feeble-minded children who are receiving adequate care and training in their own homes will, of course, be left there. When they reach the age of adolescence the question of their disposal should be considered by the Board. In many cases the inmates of special schools, after they have received some training, would do well if returned to their homes or boarded out in selected foster-homes under supervision.

The real difficulty arises, especially in the case of girls, when the age of adolescence is reached.

In the opinion of the Committee it is of the utmost importance that mental defectives should be prevented from reproducing. No person who has been placed on the register should be allowed to marry until the Eugenic Board has given its consent by removing the name from the register.

It is altogether wrong to suppose that there is any unkindness in taking the feeble-minded, who are unable to battle for themselves, under the care of the State and preventing them from bringing forth another generation of defectives. The real unkindness consists in allowing such unfortunates to be brought into the world.

In school, and still more in the after-struggle for existence, the feeble-minded find themselves the butts of their fellows, and the "inferiority complex" thus developed tends to make them sink lower in the scale both in intellect and morals.

"On the other hand, it is the general experience of those who have had many years' practical experience with defectives that the majority are far happier in suitable institutions engaged in congenial occupations, and having the companionship of their mental equals, than when they are exposed to the difficulties of an outside world to which they are incapable of adapting themselves. In many cases, indeed, such freedom amounts to the infliction of positive cruelty."

This statement is taken from the memorandum of the Central Association for Mental Welfare of Great Britain, to which reference has already been made, and this Committee can, from their own observation, endorse the views thus expressed.

It seems desirable, however, to point out the fallacy of a popular idea that the world could easily stamp out defectives and degenerates by merely adopting a vigorous policy of segregation and sterilization. Even if it were possible by these means to prevent all manifest mental defectives from reproducing, it cannot be expected that this class will be thereby eliminated from the population, since mental defectives may be the offspring of apparently normal stocks, or may be descended from stock in which only minor manifestations of impaired nervous vitality, such as instability, eccentricity, &c., have hitherto been evident, and in a large proportion of cases they are no doubt the progeny of persons belonging to the higher grade of distinctly degenerate stock—persons who have not themselves necessarily shown any marked traits of instability or degeneracy, and to whom therefore sterilization or segregation would be inapplicable.

SECTION 12.—THE QUESTION OF EXPENSE.

It will probably be objected that the plan for cutting off as far as possible further additions to the mental defectives of the Dominion will involve increased expenditure. This is, unfortunately, the case; but will it not be a much more costly process to allow the present unrestricted multiplication of these defectives to continue in an ever-increasing ratio? If they are allowed to multiply, their unfortunate offspring will have to be provided for in one way or another—some by means of charitable aid, some in our prisons, some in our mental hospitals. Take the case of the defective couple, case No. 4, page 9, themselves in receipt of charitable aid, who have already produced eleven children, all of whom are being provided for by the State, while, as the couple are still living together and the woman is still of child-bearing age, it is quite possible that the total may yet be increased. This family, it is estimated, will cost the State at least L16,000. Will any one seriously contend that it would not have been sound economy if this couple had been taken in the first instance, placed in separate farm colonies where they would have lived fairly useful lives, and been prevented from casting such an excessive burden on the State? We might take each of the cases quoted in an earlier part of this report, and many others which we have not quoted, and ask the same question in regard to each. There is no doubt whatever that from the purely financial point of view it is very much to the interest of the community that this problem should be taken boldly in hand at once while the evil is within fairly manageable proportions, instead of allowing it to grow into an intolerable burden.

Consider the humanitarian aspect. Surely it is a kindly act to give the protective care of the State to those unfortunate persons who are unable to hold their own in the struggle for existence, and who, if left to their own devices, will fall miserably by the way and in many cases become a menace to society.

Lastly, there is the national question to be considered. Surely it is important that our stock should be kept as sound and virile as possible, and that where a process of deterioration has been detected every attempt should be made to stop it as soon as possible and by every means in our power.

SECTION 13.—IMMIGRATION.

The Committee feel very strongly that any attempt to check the multiplication of mental defectives in the Dominion will to a large extent be labour thrown away if the greatest care is not at the same time taken to prevent the introduction of feeble-minded and other undesirable persons from overseas. The distance of New Zealand from Europe and the cost of the long passage have on the whole had a selective influence on the character of the immigrants and tended to keep up the standard of quality. As already mentioned, however, serious mistakes were made in the "seventies" of last century. Very striking testimony to this effect is contained in the report of the late Dr. Macgregor, Inspector-General of Hospitals and Charitable Institutions, presented in 1888, an extract from which appears in the Appendix of this report. In the brief space of fifteen years the dire consequences of the mistakes made in previous immigration without due regard to its quality had already become apparent, and in the most impressive terms Dr. Macgregor, who was an exceedingly able and far-sighted public servant, pointed out that the evil done by the introduction of an undesirable class of immigrant is never finished.

"The impaired health, low morality, and insanity descend to the offspring, and are a continued drain upon this community."

The benefit of a well-regulated stream of immigration into this country is not open to question. A substantial addition to our population is now more than ever needed if this country is to progress and its resources are to be developed sufficiently to enable it to bear with ease the heavy burden imposed on the community by the Great War. The point which it is desired to emphasize is that constant vigilance is necessary to keep up the standard of quality of the new-comers in view of the very natural desire to send off to a new land those who are physically or mentally unable to maintain themselves in the land of their birth. Such vigilance, it need hardly be pointed out, is especially necessary at the present time when the volume of immigration is greatly increased owing to the condition of affairs in the Mother-country.

As a matter of fact, there seems no doubt that immediately after the conclusion of the war the system of control and medical inspection was not so strict as it should have been, especially in the case of the Imperial Government's overseas settlement scheme for ex-service men and women. The New Zealand Government, however, sent Home an officer from the Immigration Department to rectify matters and to provide for a more thorough examination of assisted immigrants.

Under the system at present in force a special roster of medical referees has been compiled, and no person is accepted as an assisted immigrant without a certificate of physical and mental fitness from one of these doctors. The medical examiner, in the instructions, is particularly requested "To satisfy himself that the applicant is in every way a fit subject to pass a thorough medical examination, as applicants are liable to rejection both at the port of embarkation and at the port of arrival." Finally, the doctor is required to sign the following statement: "Having read and made myself conversant with the instructions contained in Form KA supplied me, I certify that I have this day examined the above-named, and am of the opinion that —— is in —— health and of sound constitution. —— is not suffering from any mental or bodily defect which in my opinion would unfit —— for earning —— own living as a ——."

The form provides for a very complete examination, but as regards certain conditions, especially previous mental diseases, the examiner is necessarily dependent on the statements of the applicant.

The Committee were informed that New Zealand has now the reputation with the Imperial authorities of being the hardest and most exacting of all Dominions regarding the health and physical fitness of immigrants.

The Committee think that, in addition to the precautions already taken, inquiry should be made, as far as may be possible, into the family and personal history of assisted immigrants, particularly as to whether they disclose any cases of insanity, epilepsy or feeble-mindedness, crime, or dependence on charitable aid.

The Committee are further of opinion that the time has now arrived when closer supervision should be exercised over those persons who come as ordinary passengers with the intention of remaining in the Dominion.

The Immigration Restriction Act, 1908, provides that "When any passenger arriving on board any ship is either lunatic, idiotic, deaf, dumb, blind, or infirm, and is likely to become a charge upon the public," the owner, master, or charterer of the ship shall be required to enter into a bond in the sum of L100 for every such passenger, the person entering into the bond and his sureties being bound to pay to the Minister all expenses incurred within the space of five years for the maintenance of such passenger.

Under the Act the following are made "prohibited immigrants":—

"(b.) Any idiot or insane person."

"(c.) Any person suffering from a contagious disease which is loathsome or dangerous."

"(d.) Any person the date of whose arrival in New Zealand is earlier than two years after the termination of any offence which, if committed in New Zealand, would be punishable by death, or imprisonment for two years or upwards, not being a mere political offence, and no pardon having been granted."

By Order in Council tuberculosis is gazetted as a contagious disease which is dangerous within the meaning of the Act, and syphilis and leprosy are contagious and loathsome diseases within the meaning of the Act.

To any one who has seen a medical inspection of passengers arriving in an overseas vessel it is obvious that any degree of feeble-mindedness short of manifest imbecility or dementia would be liable to be admitted, and a good many cases of tuberculosis escape detection. Other countries are now alive to the importance of greater care being taken to guard against the admission of these who are likely to lower the mental and physical standard of the race, and in the opinion of the Committee stricter precautions should be taken in New Zealand. The smallness of this country makes it all the more important that it should be occupied and developed by a selected population, while its attractiveness as a field of settlement and the limited amount of land available place it in a position of independence in which it is able to insist on the maintenance of a high standard of fitness on the part of those desiring to share in its advantages.

SECTION 14.—SUMMARY OF FINDINGS AND RECOMMENDATIONS.

The Committee find—

(1.) That the unchecked multiplication of the feeble-minded and epileptic is leading to a continually growing addition to the sum of human misery, an ever-increasing burden on the State, and the serious deterioration of the race.

(2.) That it would be sound economy, as well as in the best interests of humanity, to deal with the problem at once, even though it involve a substantial expenditure.

The Committee therefore recommend:

(1.) That to the definitions in the New Zealand Mental Defectives Act, 1911, there should be added a further definition—namely, that of "moral imbecile" contained in the English Act.

(2.) That a special branch of the Mental Hospitals Department be established to deal with all classes of mental defectives who are not inmates of mental hospitals, and to act as an "after-care" Department to look after patients discharged from mental hospitals.

(3.) That a Eugenic Board be appointed, to include a skilled psychiatrist, another member of the medical profession, and to be presided over by a Magistrate as Chairman.

(4.) That the duty of the Department shall be to keep a complete register of persons coming under the following definitions in cases where the Eugenic Board has decided that the patients in their own interests or in the interests of society should be placed on the register:—

(a.) Mental defectives who are not inmates of mental hospitals who in the judgment of the Eugenic Board come within the definition of "feeble-minded" in section 2, Class V, of the Mental Defectives Act, 1911.

(b.) Persons afflicted with epilepsy associated with automatism or other conditions rendering them especially liable to dangerous, immoral, or otherwise anti-social manifestations, and in the case of juvenile epileptics the mere frequency of fits rendering them unsuitable for attendance at ordinary schools.

(c.) Moral imbeciles as defined in the English Mental Deficiency Act, 1913.

(d.) Persons discharged from mental hospitals.

(5.) That the care of backward and feeble-minded children, so long as these remain in an educable stage, shall be the duty, as at present, of the Education Department.

(6.) That the Education Department obtain the services of psychological experts with a view to creating a comprehensive system providing increased facilities for the study of the individual child in school, for the classification of children according to their mental capacities, and for the adaptation of the curriculum to the needs of special children. This may necessitate the establishment of an increased number of special classes, an extension of the residential special schools, and also provision for social readjustment of the children when required.

(7.) That fuller provision be made in connection with our Universities and training colleges for the education of teachers in child psychology and its practical application, and for their training for service in special classes and special schools.

(8.) That full use be made of residential special schools for those cases who fail to benefit by attendance at special classes, but who are considered capable of training in manual work or handicrafts. The lower grades of the feeble-minded who require merely custodial care should, as a general rule, be excluded from special schools, but where there is any doubt as to a child's degree of mentality or aptitude for manual training admission to a special school for a probationary period should be arranged.

(9.) That the Education Department shall report to the Eugenic Board those inmates of special schools found incapable of receiving benefit from further residence in such schools, and the Eugenic Board shall be empowered to place on the register such as they consider should be so dealt with.

(10.) In regard to those on the register, the Eugenic Board shall have the power to order the removal of feeble-minded persons and moral imbeciles to a farm or industrial colony to be provided for the care and training of such persons.

(11.) That any person alleged to be feeble-minded, or the parents or guardians of such person, shall have the right of appeal to a Judge of the Supreme Court against the placing of his or her name upon the register, and the parents or guardians of any person on the register shall have the right to apply to a Judge of the Supreme Court for the removal of the name of such person from the register, or for his or her release from any institution established under the Act.

(12.) The Committee recommend the establishment of farm or industrial colonies where feeble-minded or delinquent persons who are custodial cases may be usefully and, as far as possible, profitably employed, and where they may receive the care and protection required by their condition.

(13.) In regard to sterilization, the Committee find that the operation of vasectomy in men can be carried out under local anaesthesia, and is free from risk. The analogous operation of salpingectomy in women is an abdominal operation, but the risk is not considered serious. These operations are effective in preventing procreation, but do not otherwise interfere with the sexual powers of the patient. In the case of persons suffering from recurrent insanity or idiopathic epilepsy, high-grade morons, and others who in the interests of themselves and of society ought not to be allowed to reproduce, but who do not for other reasons require custodial care, it is desirable that the operation of sterilization should be considered by the Eugenic Board.

(14.) The Committee recommends that the Eugenic Board should be given the power in suitable cases to make sterilization a condition of release from any of the institutions under the charge of the Department of Mental Hospitals, or removal of their names from the register on probation, but that in no case should the operation be performed without the consent of parents or guardians of the persons concerned.

(15.) The Committee consider that the persons so operated upon and liberated should be released on probation and kept under supervision for a reasonable period, and that they should be returned to institutional care if found to be leading an immoral life, or unable to support themselves, or for any other reason which the Eugenic Board may consider sufficient.

(16.) The Committee consider that marriage with any registered person should be made illegal, and that it should be an indictable offence for any person to have carnal knowledge of any registered person. It should also be provided that any parent or guardian who facilitates or negligently allows any registered person to have carnal knowledge of another person shall be guilty of an indictable offence.

(17.) In view of the fact that feeble-minded persons and others likely to become a burden on the community have in the past been introduced from overseas, the Committee recommend that, in addition to the precautions already taken in regard to assisted immigrants, inquiry should be made into the family history, especially as to whether it discloses any cases of insanity, epilepsy, or feeble-mindedness, and that applicants unable to produce satisfactory evidence on this point should be excluded. The Committee are further of the opinion that closer supervision should be exercised over persons who come as ordinary passengers with the intention of remaining in the Dominion.



PART III.—SEXUAL OFFENDERS.

SECTION 1.—SCOPE AND ORIGIN OF THE INQUIRY.

The second section of the order of reference requires the Committee "To inquire and report as to the necessity for the care and treatment of mental degenerates and persons charged with sexual offences, and to recommend forms of treatment for the various types of cases."

The Committee's finding and recommendation in regard to the "care and treatment of mental degenerates" who have not been charged with criminal offences are embodied in the first part of this report.

The origin of the inquiry, in so far as it concerns the care and treatment of mental degenerates and sexual offenders who appear before the Courts, is to be found in the resolution of the Prisons Board first appearing in their annual report for the year 1920 and repeated in their reports for 1921 and 1922.

The resolution is as follows:—

"Whereas an increasing number of sexual offences has been the subject of frequent and serious judicial comment, especially in cases where young children were the victims, or the very serious nature of the charge connoted a perversion dangerous to the moral well-being of society; and, as the experience of the Board in dealing with prisoners of this class accords, as far as it goes, with the now generally accepted opinion that, with certain exceptions, persons committing unnatural offences labour under physical disease or disability, or mental deficiency or disorder, or both, which accounts for the sexual perversion and the morbid character of the offence charged: It is resolved by the Prisons Board strongly to recommend to the Government an amendment of the Crimes Act under which such offenders could be dealt with scientifically—

"(1.) Before sentence is pronounced, by furnishing expert medical or surgical reports or evidence:

"(2.) By sanctioning an indeterminate sentence:

"(3.) By segregating persons so sentenced and subjecting them, under proper safeguards, to any medical or surgical treatment which may be deemed necessary or expedient either for their own good or in the public interest."

The repeated occurrence of gross offences of the character described by the Prisons Board, both before and since the Committee commenced its sittings, has focussed public attention more strongly upon the necessity for immediate action in regard to the more adequate treatment of this class of degenerate than upon the much larger and relatively more important class of mental defective covered by the first section of the order of reference.

The bulk of the evidence heard by the Committee and practically the whole of the information obtained from various sources bore more particularly upon the question of the care and prevention of the propagation of the mentally defective part of the population coming under the general designation of "feeble-minded." While, however, the evidence obtained regarding the prevalence of sex offences and the care and treatment of the offenders was not great in volume, it was eminently practical in character. Apart from this, the flagrant cases reported in the daily Press during the past few months in connection with the Supreme Court Sessions in the various centres offer sufficient proof of the necessity for some drastic amendment of the law on the lines suggested by the Prisons Board.

SECTION 2.—SERIOUSNESS OF THE EVIL.

That the order for an inquiry into this question was by no means premature was made apparent to the Committee by the presentation at its first sitting of a return furnished by the Prisons Department, which appears in the Appendix to this report, page 30, showing the number of sexual offenders of the various classes who were actually serving sentences on the 10th May, 1924. The total number of the sexual offenders in the prisons of the Dominion on that date was 185. This number represented 17.273 per cent. of all the prisoners then in custody. Unfortunately, this percentage has since been increased by recent commitments of cases of the most serious types.

A return compiled by the Government Statistician (Mr. Malcolm Fraser) shows that during the five years, 1919-1923, there were 331 persons sentenced in the Supreme Court for sexual offences as follows: Rape, 5; attempted rape, 19; indecent assault on a female, 150; indecent assault on a male, 50; unlawful carnal knowledge, 49; attempted unlawful carnal knowledge, 18; incest, 17; unnatural offence, 23: total, 331.

SECTION 3.—TYPES OF OFFENCES.

It is obvious that included under the heading of sexual offences are cases which vary so greatly in their gravity and in their very nature as to have little in common. There is a great gulf between the lad convicted of unlawful carnal knowledge with a girl who is under the legal age of consent, but who in some instances may even be the actual instigator of the offence, and the miscreant who tampers with little girls of tender years, or sets himself deliberately to corrupt boys. It was this class which the Prisons Board had in mind when it passed the resolution quoted, and no doubt it is the class which the Committee's order of reference is intended to cover.

This class of offence is held in so much detestation by normal persons possessing ordinary healthy natural instincts that they find it impossible to consider the question from a judicial and coldly scientific point of view. It is evident, however, that this must be done if we are to entertain any hope of finding and applying an effective remedy to this cancer in the social organism. The evidence given before the Committee leads them to the belief that the evil is much more prevalent than is generally supposed—that the cases which come before the Court constitute only a percentage of those which actually occur.

The ignorance of the general public in regard to these matters occasionally leads to an unjust attitude of mind towards some of the offenders brought before the Courts. Take the case of an old man charged with "exhibitionism." To the normal mind this seems a particularly disgusting proceeding, and the offender's age is regarded as an aggravation. The explanation is that the higher nerve-cells of the old man are degenerating, that he may be thus unable effectively to control his morbid sexual impulses, particularly if stimulated by an enlarged prostate. Such a person is a subject for pity rather than punishment; he must be restrained from annoying others by his offensive behaviour, but it is really a case for medical treatment.

Another class to be considered is the confirmed homosexualist. There are well-known examples of men eminent in the arts and literature given to this unnatural practice, and of the offenders who come before the Courts only a small proportion can be described as feeble-minded. The practice is not confined to the male sex, although for reasons which will be apparent it is only males who come before the Courts charged with this specific offence. Many parents are unaware that girls as well as boys may contract bad habits and fall into sexual abnormalities, but it is a fact which they ought to know in order that the danger may be guarded against.

Mr. Hawkins, Inspector of Prisons, whose experience extending over forty years in charge of prisoners in New Zealand makes his opinion of great weight, says there are two types of sexual offenders to be found in our prisons: First, there are those who yielded to sudden temptation, assaulted women or young female children, sometimes under circumstances exhibiting extreme brutality. In the majority of these cases, he says, the offenders are curable under a proper system of treatment, and it is seldom that they again offend. He goes on to say: "The real sexual pervert, however, who is continually tampering with young children is different, as is also the case when young boys are the victims. The worst pervert of all is the one who flagrantly offers himself for the purposes of sodomy. Strange as it may seem, there are quite a number of such degenerates in our prisons to-day; middle-aged and elderly men being the chief offenders of this class. In my opinion segregation for life is the only course, and my years of experience among such a class have convinced me of this, their case being absolutely hopeless when this stage has been reached, and no cure is possible in such cases."

This pessimistic view, unfortunately, is fully confirmed by the records of cases examined by the Committee. Long terms of imprisonment, though combined with the lash, have proved quite ineffective as a deterrent, even to the individual concerned. In some cases the offender within a short time after his release has been detected in the same practices and rearrested. Still less does such a punishment act as a deterrent to other addicts, if for no other reason than that each individual cherishes the conviction that he will not be found out.

Records of a number of illustrative cases are set out in the Appendix, pages 31-33.

SECTION 4.—SUGGESTED REMEDIES.

As regards the infliction of corporal punishment which is often advocated, Dr. Murray, Medical Officer to the Mount Eden Prison at Auckland, who has had a good deal of experience with sexual offenders, said he had seen a good many flogged, and he did not think it had any effect as a deterrent. He added, "Nothing will deter men once they have taken on that line. I think you will find in some cases where a person has been addicted to those practices before marriage he will drift again into the same course after a certain number of years. It seems a perversion they have no control over, and after a certain number of years it masters them."

The general opinion of those who have been in touch with this problem for many years is well expressed in the following extract from a very valuable report furnished to the Committee by Dr. F. S. Hay, Inspector-General of Mental Hospitals, on the different questions coming within the scope of the inquiry:—

"As a member of the Prisons Board I have had the matter of the sexual offender brought under my notice and have come to some very definite conclusions.

"I think that he should be brought to trial in the ordinary way, with perhaps suppression of publication of names of the offender and victim. If found guilty, he should be given an indeterminate sentence, and be removed to a farm reformatory prison, where he would be brought under skilled medical and lay observation, and his case studied in respect to—Mentality, when if afterwards it is decided that he is mentally defective or deficient in terms of the Act he can be transferred to the proper institution; physical condition, when if there is any disorder it can be remedied. If the disorder is causative (e.g., prostatic in the elderly) and surgical or medical interference is necessary, it will be carried out and its results carefully watched and reported on.

"At present the sentences vary from, say, a year to ten years or more, the seriousness of the case being one determining factor; but often similar cases have years of difference in their sentences, and at the end of the sentence they once more enter the world, and a fair proportion repeat the offence. The people in the reformatory prisons can, with experience of a case lasting over some years, foretell the failure fairly accurately.

"The degree of sexual perversion being measured by the amount of interference with children, which accounts for the measure of the sentence, means no essential difference in the intent or in the likelihood of repetition, and therefore scientifically the sentences should be equal. I suggest that they should be made equal by being made indeterminate.

"Those of whom the Medical Officer cannot report favourably would continue on. They could be given a right of revision. Those of whom he can report very favourably could be released on probation, and so on. The essential feature is that no hurried diagnosis is made before trial, but diagnosis and prognosis are arrived at after months and maybe years of close observation and by a staff gaining experience daily."

Sterilization and Desexualization.

The increase of sexual offences during recent years and the disgust felt by all normally disposed people when contemplating cases of sexual perversion and assault upon young children have created a strong public opinion in favour of dealing with these offences as radically as circumstances will permit.

Demands are constantly made that the offenders should undergo "a surgical operation," which is intended to imply either castration or simple sterilization.

The British Medical Association, at their annual Conference held in Auckland in April, 1924, resolved that the following motion be adopted by the Council: "That this Conference can make no recommendation for surgical desexualization in the treatment of the adult sex pervert. The only safeguard for young children in this matter is the permanent segregation of the offender, either in prisons or in farm colonies. The Conference emphasizes the importance of the sterilization of the chronic mentally or morally unfit that a future generation may benefit thereby."

The Committee therefore considers it necessary to set out as clearly as may be possible the result of such operations and its deductions from the evidence taken and authorities consulted as to the probability of the achievement of the result desired.

To consider in the first place the operation of simple sterilization (vasectomy or salpingectomy). It is quite clear that this operation, when properly carried out, prevents procreation by the individual operated upon. Although the knowledge of the loss of this power may modify the views of life held by the individual the operation per se does not affect his physical or mental health. This would be anticipated, as the production of the internal secretion of the sexual glands in either sex (ovaries or testes) continues.

Sexual desire and capacity for coitus are not usually appreciably impaired by this operation, and it clearly could not be expected to restrain the sexual offender from the pursuit of his perverted modes of gratification. As, however, it appears that in a proportion of cases of sexual perversion the tendency is an hereditary one, these operations would, as in the case of the feeble-minded, tend to restrict the number of individuals in the community afflicted in this manner. The Committee would therefore recommend that simple sterilization be considered by the Eugenic Board in relation to sexual perverts.

Castration (Desexualization).

The operation of desexualization implies the removal of the sexual glands (ovaries or testes), and involves other considerations than the operation of simple sterilization.

The loss of the internal secretion of these glands may produce physical and mental changes in the individual. These effects vary greatly in degree according to the age at which the operation is performed.

The earlier it is done the more decided the result. If performed before puberty the secondary sexual characteristics fail to develop. The voice does not change in the male; the development of hair is more sparse; the general physical development is less masculine; and mentally the individual is less aggressive. Most pertinent of all as bearing upon the question under review, sexual desire and capacity do not develop, either at all, or at any rate, not to the same degree as in a normal individual. This result, however, is not constant, and depends principally upon the age at which the operation is performed.

After puberty the operation is very much less effective. The secondary sexual characteristics have been already established and persist. It occasionally occurs that certain mental effects are produced. In women these resemble, generally speaking, those occurring at the climacteric. In both sexes, however, mental disturbances may occasionally arise.

The immediate effect upon sexual desire and capacity is slight. It would appear, however, from the small amount of evidence available on this point that the tendency is to a gradual diminution of sexual desire, possibly even to disappearance after some years.

As it is generally after puberty that sexual perversion becomes manifest, it is clear that much cannot be expected from this operation.

The problematic result and the extent of the mutilation restrain the Committee from any suggestion that such an operation should be made compulsory.

The Committee feel that the information at present available in regard to sterilization or desexualization of sexual offenders is quite inadequate to permit of a sound and final judgment as to the value of the procedure. They recommend, therefore, that the whole question be remitted for careful investigation to the Eugenic Board which it is proposed should be set up.

SECTION 5.—SCIENTIFIC TREATMENT AND SEGREGATION WITH INDETERMINATE SENTENCE.

After very careful consideration the Committee have come to the conclusion that it is most desirable, in continuation of the system of prison reform which has been inaugurated with so much success in this country, that every person charged with a serious sexual offence should be carefully examined by a medical man and skilled psychiatrist before his trial, and evidence given to the Court of any physical or mental defect having a bearing on the case.

In the judgment of the Committee, the best way of dealing with persons guilty of sexual crimes is by means of the indeterminate sentence. Each case should be examined by a psychiatrist as well as by the Prison Medical Officer, and the length of the period of detention should be determined by the Prisons Board after looking into the nature of the offence and considering the report of the psychologist and evidence as to the conduct of the prisoner while under detention. In cases of the worst type the indeterminate sentence would doubtless resolve itself into detention for life.

At all costs the women and children of the community must be protected against this class of offender. The evidence of Mr. Hawkins as to this class is emphatic and very much to the point:—

"Personally I have never yet seen a complete cure in the case of a real sexual pervert. Years of imprisonment, to my own personal knowledge, have failed to do any good whatever. Treat them kindly, give them useful work, and make their lives as pleasant as possible, but never let them loose on society again. Even if this were done, the trouble with such individuals is by no means ended, as if it is intended to prevent them following their beastly tendencies constant unremitting supervision will be necessary. The average citizen has not the slightest conception of the utter depths of depravity to which a confirmed male sexual pervert will descend. Instances of such depravity have occurred to my knowledge. Many of the men referred to are not fit to live, but it must be remembered that in many instances the evil tendencies have been inherited, while in others environment has played a prominent part."

The information placed before the Committee, which is summarized in the foregoing paragraphs, leads to the conclusion that the requirements of the position are fairly well covered by the terms of the Prisons Board's resolution.

SECTION 6.—SUMMARY OF RECOMMENDATIONS.

The Committee recommend,—

(1.) That the Crimes Act be amended to provide for the passing of an indeterminate sentence upon persons convicted of sexual offences. The Courts to be given full discretion as to whether the sentence shall be definite or indeterminate.

(2.) That the Prisons Board be vested with the same power of recommendation for the release on probation or final discharge of prisoners under an indeterminate sentence as they have now in regard to all other prisoners.

(3.) That a psychiatrist be appointed to advise the Prisons Department as to the classification and treatment, and that he be available to the Courts for the examination, before sentence, of sexual offenders, or of offenders who are thought to be irresponsible on account of mental defect.

(4.) That the Prisons Board be advised by the Eugenic Board in regard to the release on probation or final discharge of all sexual offenders or feeble-minded offenders coming under its jurisdiction.

(5.) The Committee feel that the information at present available in regard to sterilization or desexualization of sexual offenders is quite inadequate to permit of a sound and final judgment as to the value of the procedure. They recommend, therefore, that the whole question be remitted for careful investigation to the Eugenic Board which it is proposed should be set up.

CONCLUDING REMARKS.

It goes without saying that the work of the Committee in pursuing their investigations has been of a very painful and depressing character. We need not refer to the depth of human degradation and the revolting pathological details which had to be explored in dealing with the second order of reference, beyond saying that the witnesses who faced the unpleasant task of giving evidence deserve the thanks of the public for discharging what they evidently felt to be a public duty. In the inquiry into the problem of the feeble-minded the most saddening experience of the Committee was the sight of so many children deprived of their full share of the light of reason, often maimed and stunted in body as well as in intellect. The sight was made sadder still by the reflection that unless prompt and effective action is taken the multiplication of these degenerates will increase and the race will steadily deteriorate.

Professor William MacDougall, the noted psychologist of Harvard University, speaking at Toronto recently in reference to the disregard of eugenic methods in America in maintaining and improving the national stock, said: "As I watch the American people speeding daily with invincible optimism down the path that leads to destruction I seem to be watching one of the greatest tragedies of history."

New Zealand is a young country already exhibiting some of the weaknesses of much older nations, but it is now at the stage where, if its people are wise, they may escape the worst evils of the Old World. It has rightly been decided that this should be not only a "white man's country," but as completely British as possible. We ought to make every effort to keep the stock sturdy and strong, as well as racially pure. The pioneers were for the most part an ideal stock for a new offshoot of the Mother-country. The Great War revealed that from their loins have sprung some of the finest men the world has ever seen, not only in physical strength, but in character and spirit. It also revealed that an inferior strain had crept in and that New Zealand was already getting its share of weaklings. Surely our aim should be to prevent, as far as possible, the multiplication of the latter type, and to increase the elements of the mental, moral, and physical strength of the nation. In these beautiful and richly dowered islands we have a noble heritage—to be in keeping and to ensure the full development of their resources and enjoyment of their blessings the inhabitants should be of the highest type obtainable by human effort.

This is the lesson which has been impressed upon the minds of the Committee during their investigations, and they have been sustained in their saddening experience by the hope that this lesson will be taken to heart by both the Parliament and the people of the Dominion.

W. H. TRIGGS, Chairman. D. MCGAVIN. F. TRUBY KING. J. S. ELLIOTT. ADA G. PATERSON. CHAS. E. MATTHEWS. J. BECK.

J. W. BUCHANAN, Secretary.



APPENDIX.

PAST MISTAKES IN IMMIGRATION.

EXTRACT FROM REPORT ON HOSPITALS AND CHARITABLE INSTITUTIONS OF THE COLONY, 1888, BY THE LATE DR. MACGREGOR, INSPECTOR-GENERAL.

Many causes have conspired in our history as a colony to intensify the good-nature of our people—at any rate, so far as extravagance in vicarious charity is concerned. Our sensitiveness to suffering has been greatly stimulated by the comparative absence from our towns of those sights of misery and squalor that deaden the feelings by familiarity; and the lavish life we have led since 1870 has made us free-handed to the poor and impatient of the trouble required to find out whether our charity was wisely or mischievously given.

During our years of plenty, when borrowed money was being largely spent, and the prices of wool, &c., were high, I was in charge of the Dunedin Asylum, and remember with what forebodings I regarded the quality of the immigrants that were being poured into the country after the despatch of instructions in October, 1873, to the Agent-General "To grant free passages, and also, if necessary, advance expenses to port of embarkation and outfit."

Twenty thousand immigrants were, if possible, to be sent out in six months. With wonderful rapidity the results became apparent. From all parts came reports of the evil quality of the immigrants. The Immigration Minister, writing to the Agent-General in June, 1874, says: "I have already called your attention to the fact that the shipment by the ... included a number of girls out of the Cork Workhouse, and I took the opportunity of remarking on the very undesirable character of such immigration. A perusal of the report of the Immigration Officer at Dunedin will, I think, convince you how very disastrous it is likely to prove to the cause of immigration if such modes of selection as those adopted by Mrs. —— (who was paid per emigrant) are under any circumstances permitted. The result in the colony of the landing and distribution of such women as these complained of, and of such immigrants as the "young men" whom Mr. Allen states he has ascertained to be professed thieves, and one of them a ticket-of-leave man, is naturally a feeling of indignation and dismay."

No doubt this was an extreme case, but, nevertheless, it is plain that, what with the great influx of a low class of navvies during the height of our public works, and the vicious and degenerate people, of whom so many were introduced at this time, the average of our population in point of quality was considerably deteriorated. My experience as Medical Officer of our largest asylum for so many years has convinced me that the ultimate cost of this degraded class of people to this country is enormous. For instance, here is an account of two families and their asylum history:—

+ + -+ -+ -+ Cost per Head. Rate, Number. Name. L1 per Week Total Cost. + + -+ -+ -+ L s. d. L s. d. Family of B. I A.B. (brothers) 80 2 0 II C.B. 274 4 0 III D.B. 230 2 0 IV E.B. 8 2 0 V F.B. 8 2 0 -+ 600 12 0 Family of C. I A.C., wife 472 2 0 II B.C., husband of A.C. 418 0 0 III D.C., daughter of A.C. 834 2 0 and B.C. IV E.C., " 1,318 2 0 V F.C., illegitimate daughter 169 8 0 of E.C. VI G.C., husband of F.C., but no 5 2 0 blood relation -+ 3,216 16 0 - L3,817 8 0 + + -+ -+ -+

Such people and their offspring are at this moment a fruitful source of those idle and useless persons who bring discredit on the cause of that portion of our people who cannot find employment. They fill our gaols, our hospitals, and our asylums, and, like a swarm of low parasitical organisms, they have, to an extent that is almost incredible, absorbed the outdoor relief that was meant for the self-supporting and struggling poor. I am sure that by far the largest proportion of the aid that has been so abundantly distributed by the various charitable agencies, especially in our large towns, has been spent in supporting a great many idle and vicious persons whose example has had the most pernicious effect in pauperizing the people. It should never be forgotten that the evil caused by the introduction of this class is never finished. The impaired health, low morality, and insanity descend to the offspring, and are a continual drain upon the community.



THE HEALTH OF SCHOOL-CHILDREN.

EXTRACT FROM THE REPORT OF THE DIRECTOR OF THE DIVISION OF SCHOOL HYGIENE, 1924.

The fundamental necessities of healthy growth are simple, and it is doubtful if there is any country in the world to-day where they are more universally procurable. Fresh air, sunlight, food of the right type and amount, adequate sleep and rest, wholesome exercise, are available for all but that small section of the people already mentioned. Sir Frederick Mott, in an address recently published in the British Medical Journal, quotes Voltaire: "Regime in diet is better than medicine. Eat moderately what you know by experience you can digest, for that which you can digest only is good for the body. What is the medicine that makes you digest? Exercise. What will repair your energy? Sleep."

To this text he adds the benefits of sunlight and pure air.

Reports from School Medical Officers continue to record that tea, white bread, and meat play the chief part in the dietary of many homes. Fresh fruit and vegetables, even in rural areas, are not eaten sufficiently.

Frequent eating between meals takes away appetite and retards digestion. Many children bring to school substantial "play-lunches" to be consumed at the mid-morning interval. Others consume large quantities of sweets. Healthy hunger they rarely know. A noteworthy fact is that in New Zealand the consumption of sugar per head per annum is 117 lb., as against rather more than half that quantity in Britain and much less in other countries. Apart from its directly deleterious influence on the teeth, the alteration of food values in the dietary necessitated by the inclusion of so much sugar results in digestive troubles and disturbed nutrition. In this country, with its many sources of supply, eggs, milk, cheese, butter, fresh fruit, and vegetables should be available in sufficient abundance and at low-enough prices to displace to a greater extent the meat that is such a prominent article of diet in many households.

The value of rest, both physical and mental, for children is not adequately recognized. In the country many children work early and late at farm-work, as milking, &c., and in the city children earn money as newsboys, message-boys, &c. Where the family exchequer needs to be augmented in this way excuse must be made, but in many comfortable homes children do not rest sufficiently. Mr. Cyril Burt, psychologist for the London City Council, was recently reported as deploring the tendency in modern education to attach undue value to the dramatic and theatrical. Children who possess talent are made to drag it prematurely into the light of publicity. They are over-trained and over-stimulated. Nearly all children are taught to regard frequent amusement as essential to happiness. To leave them to develop their own resources and allow them to find interest in simple and natural things would be to extend widely their chance of future happiness.

It is the wrongly fed, insufficiently rested child that most readily develops physical deformity. The fatigued nervous system is expressed in general bodily slackness. There is deficient muscular and ligamentous tone. The typical faulty posture is thus acquired, with drooping head, flat chest, wing shoulders, prominent abdomen. Vitality is depressed and the bodily mechanism out of gear. The grosser bony deformities so often found in older lands associated with rickets are rarely seen in New Zealand, but less evident manifestations of faulty diet and regime are frequent. It is fortunate that in this country we cannot altogether escape, however we seek our pleasures in stuffy rooms or dark, ill-ventilated places of entertainment, those powerful and beneficial agents for promoting healthy growth—sunlight and fresh air. For the prevention of defect it is essential that the classroom should offer hygienic conditions—e.g., good lighting and ventilation, suitable furniture, &c. Another contributory factor in poor physical development is the use of incorrect clothing and footwear. It is a common thing to find from six to eight layers of tight garments constricting the chest even in a child whose legs are scantily protected from cold. Shoes which are too tight or too short, or which have heels so high as to prevent correct body-balance, are very harmful. Clothing should offer adequate protection, but should not prevent the most absolute freedom of movement.



SEXUAL OFFENDERS IN NEW ZEALAND.

The Prisons Department has furnished the following return of sexual offenders serving sentences in New Zealand prisons in 1924: The total number of sexual offenders, 192; the total number of sexual offenders born in New Zealand, 126; the total number of sexual offenders born out of New Zealand, 66; the total number of persons in the prisons serving sentences exceeding three months, 980; the total number of New-Zealand-born prisoners, 673; proportion of sexual offenders—New-Zealand-born to total number of New-Zealand-born criminals, 18.722; total number of prisoners born outside New Zealand, 307; proportion of sexual offenders born outside New Zealand to prisoners born outside New Zealand, 21.498.

TABLE SHOWING THE NUMBER OF SEXUAL OFFENDERS SENTENCED UNDER THE RESPECTIVE HEADINGS IN NEW ZEALAND PRISONS AS ON 31ST AUGUST, 1924.

Carnal Knowledge and Attempted Carnal Knowledge. 30 Indecent Assault. 106 Indecent Act. 3 Indecent Exposure. 9 Incest and Attempted Incest. 18 Sodomy and Attempted Sodomy. 23 Rape and Attempted Rape. 19 Manslaughter. 1[A] TOTAL 209[B]

[Footnote A: Victim an old lady, aged 71, who died as the result of a struggle, in which prisoner committed rape upon her.]

[Footnote B: Number includes 17 prisoners who appear under more than one of the above headings, therefore the actual number of individual offenders total 192.]

Number of sentenced prisoners (exceeding three months) in custody on the 31st August, 1924, was 980, therefore sexual offenders (192 individuals) represent 19.592 per cent. of the sentenced prison population serving periods exceeding three months.

CARNAL KNOWLEDGE AND ATTEMPTED CARNAL KNOWLEDGE.

Age of Age of Age of Age of Age of Age of Offender. Victim. Offender. Victim. Offender. Victim. - - - - -+ 28 13 43 Several young 34 14 18 7 children 22 15 18 7 52 14 30 9 34 15-5/6 23 14 35 15 72 13-1/2 25 9 27 12 21 8 44 6 28 9 29 15-7/10 37 15 37 14 29 13 29 15 35 3 40 14-1/2 44 13 17 12 27 8 31 15 43 15 23 15 + - - - - -

SOME ILLUSTRATIVE HISTORIES.

CASE NO. 1.

Number of Age of Successive Offender Convictions. when Offence. offence committed. A. 1 19 Indecent assault on a male 2 23 Idle and disorderly 3 26 Indecent assault on a male 4 37 Indecent assault on males (three charges) Sentence. Sentenced Released Period at Large (Date). (Date). before arrest on Further Charge. - + 4 years' hard labour 21/12/06 21/12/09 2-1/2 months. 12 months' hard labour 4/ 3/10 29/12/10 2 years 2 months. 10 years' hard labour 17/ 3/13 16/12/21 2-1/2 years. and 10 years' reformative detention 10 years' hard labour 25/ 6/24 Still in prison. + -

NOTE.—Offender was born at Auckland and is the third eldest of a family of eight. He was evidently dull at school, as he passed the Third Standard only at the age of 13. At the age of 16 he was charged with the offence of vagrancy, convicted and discharged. The victims in all his offences were children varying in age from 6 to 13 years.

CASE NO. 2.

Number of Age of Successive Offender Offence. Convictions. When Offence committed. B. 1 23 Theft (four charges) 2 24 Rogue and vagabond; vagrancy 3 37 Rape Sentence. Sentenced Released Period at Large (Date). (Date). before Arrest on Further Charge. - -+ 1 month 29/10/00 28/10/00 1 year. 3 months' hard labour 5/11/01 4/ 2/02 1 year 9 months. Hard labour for life 1/ 2/04 3/12/23 + - -

NOTE.—Offender is a native of New Zealand. The most serious of his offences (No. 3) was committed on a girl 81/2 years of age. After serving six years of his term of life imprisonment the prisoner showed signs of being mentally unsound, and in March, 1910, he was transferred to a mental hospital. He remained a patient in a mental hospital until March, 1915, when he escaped. It was afterwards ascertained that he was aware of the fact that he was about to be returned to prison as being no longer an insane person—hence his escape. After his escape he married, and subsequently served two years with the Expeditionary Force. He was returned to New Zealand as medically unfit and was arrested at Auckland and returned to prison in August, 1917. Two members of his family—a sister and a brother—have been convicted of theft and "conducting a house of ill fame."

This man was released on probation, on the certificate of an expert in mental diseases, after serving the full life term of twenty years, but soon after release gave clear indications of return to former criminal perversions, and his rearrest was ordered.

CASE NO. 3.

____________ Number of Age of Successive Offender Offence. Sentence. Convictions. When Offence committed. -+ C. 1 25 Obscene exposure 3 months' hard labour 2 26 " 6 months' hard labour 3 26 " 12 months' hard labour 4 27 Wilful damage 14 days' hard labour 5 27 Obscene exposure 12 months' hard labour 6 30 Assault 2 months' hard labour 7 31 Obscene exposure 3 months' hard labour 8 31 Rogue and vagabond 1 month's hard labour 9 31 " 12 months' hard labour 10 32 Obscene language 2 months' hard labour 11 33 Indecent assault 6 years' hard labour and on a female 4 years' reformative detention 12 40 Indecent assault 7 years' hard labour on a male + - _______ Sentenced Released Period at Large (Date). (Date). before Arrest on Further Charge. - - 19/ 6/06 18/9/06 8 months. 15/ 5/07 22/10/07 1 day. 23/10/07 15/8/08 3 months. } 6/11/08 28/8/09 10 months. } 13/ 6/10 5/9/10 4 months. 6/ 1/11 5/4/11 6 days. 11/ 4/11 10/5/11 1 day. 11/ 5/11 2/3/12 1 month. 2/ 4/12 1/6/12 8 months. 5/ 2/13 23/9/19 2 years 1 month. 31/10/21 Still in prison. - -

NOTE.—C. is a single man, aged 40 years, and a native of New Zealand. He is a cabinetmaker by trade and said to be an excellent tradesman. He appears to have been in trouble since he was 25 years of age, and has constantly been in prison, the majority of his offences being of a sexual nature. He is described as a highly dangerous criminal and a menace to society.

CASE NO. 4.

Number of Age of Successive Offender Offence. Sentence. Convictions. When Offence committed. - -+ D. 1 15 Theft 6 months' probation 2 26 Carnal Knowledge 20 years' hard labour 3 38 (1.) Indecent (1.) 2 years' reformative assault on a detention; declared male habitual criminal (2.) Indecent (2.) 3 years' reformative assault on a detention female + - -

- - Sentenced Released Period at Large (Date). (Date). before Arrest on Further Charge. - - 30/7/01 1/2/12 20/2/22 2 years 6 months. 28/7/24 Still in prison - -

NOTE.—D. is a native of New Zealand, aged 38 years and married. His second offence, a very serious one, was committed on a female child of 9 years, the child being subjected to great violence and raped. He was released from prison on license on 20th February, 1922, when he married a respectable woman who knew nothing of his past history. She states that he was a good husband. There is one child of the marriage, a female of 11 months. He is addicted to drink, and is said to have been under the influence of liquor when he committed his last offence. He is not a fit subject to be at liberty, as it was the merest accident that his last offence did not become as serious as that he committed in 1912. Offender has two brothers, both criminals.

CASE NO. 5.

Number of Age of Successive Offender Offence. Convictions. when Offence committed. E. 1 14 Breaking, entering, and theft 2 15 Absconding 3 15 Breaking, entering, and theft 4 19 Drunk 5 19 " 6 20 Sodomy 7 38 (1.) Indecent assault on a male (2.) Common assault Sentence. Sentenced Released Period at Large (Date). (Date). before Arrest on Further Charge. + Committed to Burnham 26/11/00 Returned to Burnham 24/ 2/01 12 months' hard labour 18/ 4/01 15/ 2/02 2 years 3 months. Fined 5s. and costs 23/ 5/04 Fined 5s. and costs 3/11/04 3/11/04 3 months. Life 15/ 2/05 21/ 6/21 2 years 4 months. (1.) 10 years' hard labour 30/10/23 Still in (2.) 1 year's hard labour " prison. +

NOTE.—E. is a native of New Zealand, aged 39 years and married, with one child. He is reported to suffer from injuries to the head caused by a fall from a tree when eleven years of age, and to be subject to uncontrollable fits of temper and loss of mental balance since that age. Offender was educated in Auckland, and passed the Third Standard only at the age of 13. He was committed to Burnham at the age of 10 for two years, from which institution he absconded on several occasions. According to his own statement, during his term at Burnham the practice of sodomy was fairly common, and the boys often talked about it, but in his opinion did not regard it as a serious offence. He states they were flogged for it, but did not think much of that either, because they were flogged for many other things which he knew were not serious. He says he also met boys from another industrial school who were sent to Burnham, who also did and talked about the same practice. Altogether, therefore, he knew he was doing wrong, but he will not admit that he regarded it in any way as a serious offence. In 1903 he went to sea, and states that his chief companion was a member of the Salvation Army, also a seaman. He affirms that during all the time he was at sea he never heard the offence referred to. The men talked of women but never of sodomy. From 1903 to 1905 he apparently lived a reasonably good life. In 1905 he was convicted of sodomy and sentenced to life imprisonment. He was released on license on the 20th June, 1921, and followed the occupation of gardener around Auckland. He married in June, 1923, and is at present serving a long sentence. Offender alleges having made arrangements to be sterilized, but states doctor refused to perform operation. Drink appears to have had some effect upon his life.

CASE NO. 6.

Number of Age of Successive Offender Offence. Convictions. when Offence committed. F. 1 12 Theft 2 12 " 3 20 " 4 20 " 5 21 Breaking, entering, and theft 6 22 Vagrancy 7 24 Indecent assault 8 25 Escaping from custody 9 28 Indecent assault 10 37 " 11 43 Indecent assault on a female (two charges) Sentence. Sentenced Released Period at Large (Date). (Date). before Arrest on Further Charge. - -+ To come up when called 8/10/92 upon Sent to Burnham 5/12/92 7 days' hard labour 28/ 4/00 To come up when called 24/10/00 upon 12 months' hard labour 26/ 2/01 21/12/01 3 months. 3 months' hard labour 13/ 3/02 21/ 6/02 1 year 8 months. 5 years' hard labour 17/ 2/04 23/12/07 9 months. 4 months' hard labour, 17/ 5/05 " cumulative with above 7 years' hard labour 8/ 9/08 8/12/13 3 years 5 months. 7 years' hard labour 14/ 5/17 20/11/22 6 months. 3 years' hard labour on 8/ 5/23 Still in each charge, cumulative, prison. and declared habitual criminal + - -

NOTE.—F. is a native of New Zealand, born in Napier, February, 1880, and is a labourer by occupation. He was convicted of theft at Napier when a boy and sent to the Burnham Industrial School, from which place he escaped on several occasions. He was discharged from the school on the 30th April, 1898, and since then has continued his criminal career, his further offences being of a sexual nature. He is given to tampering with little girls, and has on four occasions committed indecent assault of a more or less serious nature. He is undoubtedly a menace to society and not fit to be at large. Offender is a temperate man, and when out of gaol appears to have wandered about the country doing an odd day's work here and there. His parents are dead.



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