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Title: Mental Defectives and SexualOffenders

Report of the Committee of Inquiry

Appointed by the Hon

Sir Maui Pomare, K.B.E., C.M.G.,

Minister of Health

Author: W H Triggs, Donald McGavin,

Frederick Truby King, J Sands Elliot,Ada G Patterson, C.E Matthews and J.Beck

Release Date: July 29, 2006 [EBook

NEW ZEALAND.

MENTAL DEFECTIVES AND SEXUAL OFFENDERS.

REPORT OF THE COMMITTEE OF INQUIRY APPOINTED BY

THE HON SIR MAUI POMARE, K.B.E., C.M.G., MINISTER OF

D.S.O., M.D (LOND.), F.R.C.S (ENG.), DIRECTOR-GENERAL OFMEDICAL SERVICES, DEFENCE Department.

SIR FREDERICK TRUBY KING, KT., C.M.G., M.B., B.SC (PUBLIC HEALTH) (EDIN.), DIRECTOR DIVISION OF CHILD WELFARE,Department of Health.

J SANDS ELLIOTT, ESQ., M.D., BAC.

SURG (EDIN.), CHAIRMAN OF THECOUNCIL OF THE N.Z BRANCH OF THE British Medical Association.

MISS ADA G PATERSON, M.B., CH.B (N.Z.), L.M (DUBLIN), DIRECTOR

DIVISION OF SCHOOL HYGIENE,

Secretary: J W BUCHANAN, Esq.

CONTENTS.

PART I.—INTRODUCTORY AND

HISTORICAL. PAGE

SECTION 1.—Origin and

Scope of Inquiry:

MENTAL DEFICIENCY, INCREASE OF; NORTHCanterbury

HOSPITAL BOARD ANDOTHERS SUGGESTINQUIRY; COMMITTEE, PERSONNEL; NATURE

OF INQUIRY; PLACESVISITED ANDINSPECTED; SITTINGS,

DATE AND PLACE OF; Witnesses

EXAMINED, AND

APPRECIATION OFSERVICES RENDERED;

Memoranda

SUPPLIED BY SIR GEORGE NEWMAN, SECRETARY OF STATEFOR THE UNITEDSTATES, DR E S.

MORRIS (TASMANIA),

DR HELENMacMurchy

(OTTAWA), AND DR

(Toronto);

Secretarial

Services 2

SECTION 2.—Two Distinct

Questions: MENTAL

DEFECTIVES ANDSEXUAL PERVERTS,

ASPECTS REVIEWED;

Degenerate

FAMILIES,

LIFE-HISTORIES; DR Macgregor,

Deductions from his

REPORT; DEGENERATE STOCKS IMPORTED,

Environmental

FACTOR, IMPORTANCE

OF; PRE-NATAL ANDPOST-NATAL CARE,

VALUE OF; HOUSINGProblem;

RELATIONSHIP OFIMPAIRED NUTRITION,

DEBILITY, ANDDisease to Impaired CONTROL; DIETETICSAND CHILD WELFARE;Picture-shows,

EFFECT ON CHILDREN,and

VENEREAL DISEASE COMMITTEES' REPORT

AS TO EFFECT OF

SYPHILIS, &C.;

DIRECTOR DIVISION

OF SCHOOL HYGIENE,ATTENTION DRAWN TOREPORT; EXCESSIVE COMPETITION, EFFECT

ZEALAND CASESCITED; SIR ROBERTStout's Comments 7

Section 4.—Elements of the Problem: BASICPhases,

Registration,

EDUCATIONAL CAREAND TRAINING OFFeeble-minded

CHILDREN, OVERSIGHTAND SUPERVISION; Educational

CURRICULUM FORVARIOUS GROUPS; Residential

SCHOOLS; FARM AND

INDUSTRIAL COLONIES for Segregation

11

SECTION 5.—Estimates

as to Numbers of Mental

SECTION 6.—Study of

Feeble-minded and Delinquent

Children: METHODSEMPLOYED IN OTHERCOUNTRIES; UNITEDSTATES OF AMERICA;

NEW ZEALAND; NEED

OF PSYCHOLOGICAL

EXPERTS; TREDGOLD, Quotation from 14

SECTION 7.—Method of

dealing with Mental Defectives

in New Present Legal Provision for Notification and Education of Feeble-minded

Zealand Children and for Care of Custodial Feeble-minded Adults and Children:

EDUCATION ACT, 1914; PROVISION OF;

"Feeble-minded,"

DEFINITION OF;

MENTAL DEFECTIVESACT, 1911; ENGLISH MENTAL DEFICIENCY

SCHOOLS, SPECIAL CLASSES; EPILEPTIC

CHILDREN, EDUCATION

OF; OTEKAIKE ANDRICHMOND SPECIAL

SCHOOLS; NATURE OFINSTITUTIONS ANDTRAINING, WITHSuggestions;

Caversham

INDUSTRIAL SCHOOL; WERAROA BOYS' Training-farm;

COMMITTAL, NATUREOF; VALUE OF HOME

LIFE IN COMPARISONwith Institutional

PROPOSED DUTIES

DEPARTMENTS TOCONTROL FEEBLE-MINDED; MARRIAGE

KNOWLEDGE WITHFeeble-minded;

PARENTS' ANDGuardians'

Responsibilities 17

SECTION 10.—The Question of Sterilization:

OPERATIONS, NATUREOF; X-RAYS, USE OF;AMERICAN LAWS;

DR H LAUGHLIN, CHICAGO, VIEWS;

CENTRAL ASSOCIATIONFOR MENTAL WELFARE

SECTION 12.—The Question of Expense: COST TOSTATE FOR WANT OFSUPERVISION, CASE

CITED; HUMANITARIANAND NATIONALAspects

21

—Immigration:

INTRODUCTION OFFEEBLE-MINDED AND

UNDESIRABLES FROM

OVERSEAS; MEDICAL

INSPECTION OFIntending

IMMIGRANTS; SYSTEM

PART III.—SEXUAL

OFFENDERS.

SECTION 1.—Scope and

Origin of the Inquiry: PRISONS BOARD, RESOLUTIONPASSED; MEDICALAND SURGICAL Reports;

STATISTICIAN'S RETURN

SECTION 3.—Types of

Offences: SEXUAL OFFENCES; VARIOUSCLASSES, WITH

COMMENTS ON;

TYPES FOUND INPRISONS; INSPECTOR

OF PRISONS' OPINION;SEXUAL PERVERTS, Cure of

Recommendations;

Sterilization and Desexualization;

Castration;

Sterilization;

BRITISH MEDICAL

ASSOCIATION, N.Z., MOTION PASSED;

VASECTOMY ANDCastration;

Committee's

Recommendation 26

SECTION 5.—Scientific Treatment and Segregation with Indeterminate

Sentence: MEDICAL

Indeterminate

SENTENCE; WOMENAND CHILDREN,

PROTECTION OF; MR Hawkins's

EVIDENCE ONCONTROL OF SEXUAL

SECTION 6.—Summary of

Recommendations:

Crimes Act; Prisons BOARD, POWERS OF;Psychiatrist,

APPOINTMENT AND

DUTIES; EUGENIC

BOARD, POWER TOADVISE PRISONS Board;

EXTRACT FROM REPORT

ON HOSPITALS ANDCharitable

INSTITUTIONS OF THE

COLONY, 1888, BYTHE LATE DR Macgregor,

Inspector-General.

The Health of School Children:

EXTRACT FROM THEREPORT OF THEDIRECTOR OF THE

DIVISION OF SCHOOL

HYGIENE, 1924.

Return showing Sexual Offenders

sentenced under respective

Headings in New

THE COMMITTEE OF INQUIRY INTO MENTAL

DEFECTIVES AND SEXUAL OFFENDERSAPPOINTED BY YOU TO INQUIRE INTO ANDREPORT UPON THE NECESSITY FOR SPECIALCARE AND TREATMENT OF MENTAL DEFECTIVESAND SEXUAL OFFENDERS IN NEW ZEALANDHAVE THE HONOUR TO SUBMIT HEREWITH THEIR

report.

FECUNDITY OF THIS CLASS FURTHERMORE,OWING TO THE FREQUENCY OF SEXUALOFFENCES, MANY OF A MOST REVOLTINGCHARACTER, THERE WAS A STRONG DEMANDTHAT SOME ACTION SHOULD BE TAKEN TOPREVENT FURTHER ACTS OF THIS NATURE; ITBEING SUGGESTED THAT THE LAW SHOULD BEALTERED TO MAKE IT POSSIBLE FOR SURGICALOPERATIONS TO BE PERFORMED UPON THESEoffenders.

THE NORTH CANTERBURY HOSPITAL BOARDCONSIDERED THE NEED FOR ACTION IN THISMATTER SO GREAT THAT THEY SET UP ACOMMITTEE TO GO INTO THE QUESTION ANDTAKE EVIDENCE, WHICH WAS DONE, ANDVARIOUS RECOMMENDATIONS WERE MADE TOthe Government.

A PERUSAL OF DEPARTMENTAL FILES REVEALSTHAT MANY PERSONS AND SOCIAL BODIESHAVE URGED UPON THE GOVERNMENT THEDESIRABILITY OF SETTING UP A COMMITTEE OR

COMMISSION OF INQUIRY TO GO INTO THISsubject.

THE MINISTER OF HEALTH DULY CONSIDEREDTHE REPRESENTATIONS MADE, AND APPOINTEDTHE FOLLOWING COMMITTEE TO INQUIRE INTOthe question:—

THE HON W H TRIGGS, M.L.C (Chairman).

SIR DONALD MCGAVIN, KT., C.M.G., D.S.O., M.D (LOND.), F.R.C.S (Eng.).

SIR F TRUBY KING, KT., C.M.G., M.B.,

B.Sc (Public Health) (Edin.).

J SANDS ELLIOTT, ESQ., M.D., BAC SURG (EDIN.), CHAIRMAN OF THE

COUNCIL OF THE BRITISH MEDICAL

ASSOCIATION (NEW ZEALANDBranch).

MISS ADA G PATERSON, M.B., CH.B (N.Z.), L.M (Dublin).

THE FUNCTION AND DUTY LAID UPON THECommittee was as follows:—

(1.) TO INQUIRE AND REPORT AS TO THENECESSITY FOR SPECIAL CARE ANDTREATMENT OF THE FEEBLE-MINDEDAND SUBNORMAL, AND TO PROPOSETHE GENERAL MEANS BY WHICH SUCHCARE AND TREATMENT, IF ANY, SHOULD

be provided.

(2.) TO INQUIRE AND REPORT AS TO THENECESSITY FOR THE TREATMENT OFMENTAL DEGENERATES AND PERSONSCHARGED WITH SEXUAL OFFENCES,AND TO RECOMMEND FORMS OFTREATMENT FOR THE VARIOUS TYPES OFcases.

THE MINISTER OF HEALTH EXPRESSED HISDESIRE THAT THE COMMITTEE SHOULD HEARSUCH EVIDENCE AND REPRESENTATIONS ON THEABOVE-MENTIONED MATTERS AS MIGHT BENECESSARY FULLY TO INFORM THE COMMITTEE

ON THE QUESTIONS REFERRED TO IT, ANDFURTHER SUGGESTED TO THE COMMITTEE THATTHE VARIOUS ORGANIZATIONS AND PERSONSLIKELY TO BE INTERESTED SHOULD BE NOTIFIEDTHAT THE COMMITTEE WOULD, AT A CERTAINPLACE AND DATE, HEAR ANY EVIDENCE THEYmight desire to tender.

THE FOLLOWING PLACES WERE VISITED ANDINSPECTED BY THE COMMITTEE: THE MYERSSPECIAL SCHOOL, AUCKLAND; THE WAIKERIAPRISON REFORMATORY; THE TOKANUI MENTALHOSPITAL, WAIKERIA; THE NEW PLYMOUTH

PRISON; THE BOYS' TRAINING-FARM,

WERAROA ; THE POINT HALSWELL

REFORMATORY FOR WOMEN, WELLINGTON; THE

SPECIAL SCHOOL FOR GIRLS, RICHMOND,

NELSON; THE MENTAL HOSPITAL, NELSON; THE

MENTAL HOSPITAL, STOKE, NELSON; THE TE

ORANGA HOME, BURWOOD, CHRISTCHURCH;

THE PAPARUA PRISON, TEMPLETON; THE

SPECIAL SCHOOL FOR BOYS, OTEKAIKE; THE

CAVERSHAM INDUSTRIAL HOME FOR GIRLS,

DUNEDIN; THE BORSTAL INSTITUTION,

Invercargill.

SITTINGS WERE HELD AT VARIOUS CENTRES IN

NEW ZEALAND, AND A LARGE NUMBER OF

WITNESSES WERE EXAMINED, AS SHOWN IN

the following table:—

Places and

Dates of

Witnesses examined or Work done.

Dr Clark, School Medical Officer, Napier

Mr J Caughley, M.A., Director of Education.

Professor J Tennant, Professor of Education, Victoria College.

Miss N Valentine, Education Department Miss Barlow, Education Department.

Dr Elizabeth Gunn, School Medical

Mr T P Mills, Superintendent, Presbyterian Orphanage and Probation Officer.

Dr Jeffreys, Medical Superintendent, Porirua Mental Hospital.

Dr J R Macredy, School Medical Officer, Auckland.

Canon F W Young, Council of Christian Churches, Auckland.

Dr Fitt, Professor of Education, Auckland University.

Training School, Auckland.

Rev Jasper Calder.

Mr N Law, Headmaster, Normal School.

Dr Beattie, Medical Superintendent, Auckland Mental Hospital.

Dr D N Murray, Prison Medical Officer Visit of Inspection to the Myers Special

School, Queen Street, Auckland.

Dr MacPherson, Tokanui Mental Hospital.

Visit of inspection paid to Waikeria Reformatory and Tokanui Mental Hospital.

New

Plymouth,

Miss Tootell, Boarding-out Officer, Wanganui.

Dr E Irwin, School Medical Officer.

Mr J Lock, Juvenile Probation Officer.

Dr A M McKillop, Superintendent, Mental Hospital, Seacliff.

Dr A R Falconer, Medical Superintendent, Dunedin Hospital.

Mr G M Galloway, representing the Society for Protection of Women and Children.

Mr McCarroll, Juvenile Probation Officer, Education Department.

Mr Pryde, Secretary of the Hospital Board.

Mr McLean, Hon Secretary of the Prisoners Aid Society.

Visit of inspection paid to Borstal Institution and Farm.

Dunedin, 5th Visit of inspection paid to Caversham

July, 1924 Industrial School for Girls.

Dr C L Nedwill, Prison Medical Officer.

Miss Cardale, representing the National Council of Women.

Dr A C Thomson, representing the British Medical Association.

Rev P Revell, Secretary, Prison Gate Mission.

Professor Chilton, Professor of Biology, Canterbury College.

Mr C T Aschman, Headmaster, Normal School.

Miss Howlett, representing the National Council of Women and Women's Christian Temperance Union.

Miss Edwards, Manager of the Receiving Home, Christchurch.

The Hon G W Russell.

Visit of inspection paid to Te Oranga Home, Burwood.

Mr A Bissett, Juvenile Probation Officer, Christchurch.

Visit of inspection paid to Paparua Prison, Templeton.

Canon T Feilden Taylor, Social Service Department of Church of England.

Professor Kirk, Professor of Biology, Victoria College.

Mr F S Shell, Juvenile Probation Officer.

Mr R W Bligh, White Cross League

THE COMMITTEE WOULD LIKE TO EXPRESSTHEIR THANKS TO THE WITNESSES, MANY OFWHOM WENT TO CONSIDERABLE TROUBLE TOCOLLECT INFORMATION AND PREPAREEVIDENCE THEY ARE ESPECIALLY GRATEFUL TOTHE BRITISH MEDICAL ASSOCIATION FOR ITSWILLING CO-OPERATION AND ASSISTANCE; TO

THE LARGE NUMBER OF MEMBERS OF THEMEDICAL PROFESSION THROUGHOUT THEDOMINION WHO RESPONDED TO THECOMMITTEE'S REQUEST FOR INFORMATION; TOTHE AUTHORITIES OVERSEAS FOR THEIRRESPONSETO REQUESTS FORINFORMATION; AND

TO MANY OTHER PERSONS WHO BY MEANS OFCORRESPONDENCE AND LITERATURE HAVEPLACED AT THE COMMITTEE'S DISPOSAL ALARGE AMOUNT OF INFORMATION WHICH HASBEEN OF MATERIAL ASSISTANCE IN THEINVESTIGATION; ALSO TO THE VARIOUS

HOSPITAL BOARDS THROUGHOUT THEDOMINION WHO SO WILLINGLY PLACED THEIR BOARDROOMS AT THE DISPOSAL OF THECommittee.

SIR GEORGE NEWMAN, THE CHIEF MEDICAL

OFFICER OF THE BOARD OF EDUCATION AND

THE MINISTRY OF HEALTH, ENGLAND, VERYCOURTEOUSLY SUPPLIED THE COMMITTEE WITH

A VALUABLE MEMORANDUM ON THE CARE OFMENTAL DEFECTIVES IN ENGLAND AND WALES,WHILE THE SECRETARY OF STATE FOR THE

UNITED STATES, THROUGH THE GOOD OFFICES

OF THE AMERICAN CONSUL-GENERAL, MR.EDWIN N GUNSAULUS, KINDLY FORWARDEDINFORMATION SUPPLIED BY THE UNITEDSTATES PUBLIC HEALTH SERVICE REGARDINGTHE LEGISLATION AND REGULATIONS IN FORCE INVARIOUS STATES WHERE STERILIZATION FOReugenical purposes has been legalized INFORMATION OF GREAT VALUE AND INTERESTHAS ALSO BEEN RECEIVED FROM DR E S.MORRIS, DIRECTOR OF HEALTH, TASMANIA;FROM DR HELEN MACMURCHY, DEPARTMENT

OF HEALTH, OTTAWA; AND FROM DR ERIC

CLARKE, TORONTO, ASSISTANT MEDICAL DIRECTOR, CANADIAN NATIONAL CONFERENCE for Mental Hygiene.

THE COMMITTEE FURTHER WISH TO MAKESPECIAL MENTION OF THE SERVICES RENDERED

BY THE SECRETARY, MR J W BUCHANAN,WHOSE WORK HAS BEEN VERY HEAVY OWING

TO THE NUMBER OF WITNESSES EXAMINED ANDTHE EXTENT OF GROUND COVERED IN ACOMPARATIVELY SHORT TIME THIS WOULDNOT HAVE BEEN POSSIBLE BUT FOR THECOMPLETE ARRANGEMENTS MADE BY MR BUCHANAN, AND THE ABILITY AND ENERGYWHICH HE SHOWED GENERALLY IN THEDISCHARGE OF HIS DUTIES LEFT NOTHING TO BEdesired.

Section 2.—Two Distinct

Questions.

BEFORE PROCEEDING TO THE SUBJECT-MATTER

OF THE COMMITTEE'S INVESTIGATIONS AND THECONCLUSIONS ARRIVED AT IT IS NECESSARY TOPOINT OUT AS CLEARLY AND EMPHATICALLY ASPOSSIBLE THAT THE QUESTIONS SUBMITTED TOTHE COMMITTEE WERE ENTIRELY SEPARATEAND DISTINCT FROM EACH OTHER IT IS TRUETHAT A CERTAIN PROPORTION OF MENTALDEFECTIVES SHOW THEIR LACK OF SELF-CONTROL IN REGARD TO SEX INSTINCTS ANDFUNCTIONS AS IN OTHER RESPECTS THIS ISPARTICULARLY THE CASE WITH MENTALLYDEFECTIVEGIRLS, ANDCONSTITUTES ONEOF THECHIEF DIFFICULTIES IN DEALING WITH THEM

SATISFACTORILY SOME OF THIS CLASS FINDTHEIR WAY INTO PRISON ON ACCOUNT OFSEXUAL OFFENCES, BUT IT IS VERY FAR FROMcorrect to suppose that all feeble-mindedPERSONS ARE SEXUAL OFFENDERS, OR THAT ALLSEXUAL OFFENDERS ARE MENTALLY DEFECTIVE.

ON THE CONTRARY, AMONG SEXUAL OFFENDERS

OF THE WORST TYPE, THOSE CONVICTED OFUNNATURAL OFFENCES, ARE OCCASIONALLYFOUND TO BE PERSONS POSSESSINGINTELLECTUAL AND ARTISTIC POWERS ABOVETHE AVERAGE THERE IS SOMETHING WRONG

IN THEIR MENTAL, MORAL, AND EMOTIONALBALANCE, AS WILL BE POINTED OUT IN THEPROPER PLACE, BUT, AS A RULE, IT IS NOT THE

"intelligence quotient" which is at fault.

PART II.—

PROBLEM OF THE FEEBLE-MINDED.

Section 1.—A Menace to Modern Civilization.

THE COMMITTEE ARE OF OPINION THAT THEUNRESTRICTED MULTIPLICATION OF FEEBLE-MINDED MEMBERS OF THE COMMUNITY IS AMOST SERIOUS MENACE TO THE FUTUREWELFARE AND HAPPINESS OF THE DOMINION,AND IT IS OF THE UTMOST IMPORTANCE THAT