CHAPTER XI

Chapter 1119,491 wordsPublic domain

THE OUTCOME OF EUROPEAN EXPERIENCE

If the preceding pages may be assumed to have exhibited the present condition of prostitution in Europe, the reader need not be long detained for the purpose of summarizing the main inferences to be drawn from them. It must be clear that prostitution is far more widespread than superficial appearances indicate; that its roots strike deep, socially and individually; that police regulation has proved unnecessary, in so far as the keeping of order is concerned, and positively harmful in its bearing on the problem of venereal disease. Further elaboration of these points would involve needless iteration. But we may well ask whether European experience suggests any broader reflections with which this study may appropriately be brought to a close.

Whatever one may hold as to ultimate dealings with the subject, it is clear that prostitution is at any rate a modifiable phenomenon. For example, no matter what conditions exist at this very moment, they are capable of aggravation. If bordells are established and allowed a free hand in procuring inmates and business, if a community ceases to be concerned as to the condition of the streets, as to the conduct of the liquor and amusement traffic; there is no doubt that under these circumstances the number of prostitutes and the volume of business transacted by them would at once increase, and in consequence, also the amount of waste and disease traceable thereto.

The converse of the proposition is equally true. If prostitution and its evils can by social arrangements be increased, they can also by social arrangements be lessened. If unhampered exploitation and prominence make matters worse, then interference with exploitation and prominence makes matters better. I am not suggesting that such interference has unlimited possibilities. Making every allowance, however, I believe that the student of prostitution in Europe is warranted in declaring that, with the suppression of bordells and of the white slave traffic, and the maintenance of improved external order, a substantial amount of good has been accomplished, even if new problems have simultaneously developed in consequence of the growth of cities and the accumulation of wealth; further, it may safely be maintained that these efforts have not yet reached their limit.

What are we fairly justified in expecting from directly repressive action on the part of the community? Prostitution is, as I endeavored to show in the chapters on demand and supply, a phenomenon arising out of the complicated interaction of personal factors and social conditions. Looked at from this point of view, the attempt to stamp it out completely by summary, even though persistent, action, cannot be hopefully regarded. The instrument which a municipality must use to that end is the police. Now the police is an instrument which, serving, as it does, many useful purposes, must be preserved as nearly intact as may be. We have seen that contact with prostitution threatens its integrity and efficiency. On the police, therefore, no more can be laid than it is capable of bearing. Just what this load is must be separately determined for every community and, in large cities, for different parts of the same community. Where the general level of administration and discipline is high, more can be safely demanded than in communities in which the level is lower; where public sentiment is active and definite, the burden may be further increased; where local organizations observe, complain and follow up, the danger of a police breakdown is still further diminished.

It is evident, however, that, even amidst favorable general conditions, the very nature of the instrument employed involves, under the complicated conditions of modern life, limitations against which one soon runs. Police repression can be directed mainly against professional prostitution and its exploiters. Unquestionably it has a valuable function to discharge in removing stimulation and reducing suggestion, as also in minimizing opportunities for demoralization. But in so far as the prostitute herself is personally concerned, repression becomes operative only after the woman has been wrecked. It penalizes an accomplished fact. Powerless to crush this fact out of existence, powerless for the most part to transform the fact, sheer repression might still hope to deter the beginner by its forbidding prospect; but unfortunately, the beginner is less affected by the penalties awaiting her, because she never believes, at the start, that she is destined to end in the mire. If, therefore, prostitutes are manufactured by unschooled human nature and imperfect social institutions, they cannot in the mass be stamped out by brute force; they must be prevented rather than suppressed,—prevented, too, on both sides, in the sense that the sources of supply must be closed and the demand diverted into other channels.

Moreover, repression, in order to realize its full possibilities, requires an abundance of institutional facilities such as now nowhere exist. I have repeatedly adverted to the utter futility of the fines and short term sentences hitherto generally imposed. Repression, successful up to the limits of its inherent possibilities, must involve the endeavor to wean the professional prostitute from one way of living and to equip her for another. Reformatories, labor-colonies, hospitals and similar institutions have, therefore, to be made adequate to the load which an aggressive policy places upon them. At this moment no city sustains even what it now requires.

It is a further limitation of the repressive policy, as ordinarily conceived, that it operates almost altogether upon the woman. We are reminded of the dual nature of prostitution. It involves two partners. Imagine every brothel closed, every street-walker incarcerated. To the extent that stimulation and suggestion have by these measures been reduced, demand has suffered a check. But a strong demand still remains, unaffected by repressive measures directed merely against dissolute women. Certain stimuli have been removed; otherwise appetite is left where it was. Its gratification is impeded,—made more difficult and more expensive. But these are not insuperable obstacles in the presence of that volume of supply which, if inoffensive, is hardly reached by repressive police measures. Indeed, part of what was offensive is changed in form rather than entirely driven from the market.

Repression encounters difficulty at still another point. Prostitution is all too frequently a parasitic phenomenon that attaches itself to other phenomena, sometimes innocuous, sometimes necessary, sometimes part and parcel of national life or social tradition. Street-walking and the bordell are not thus intertwined with other activities; they represent prostitution in its barest, simplest, most undisguised form, and as such may be, with comparative ease, successfully attacked by police methods. But when prostitution insinuates itself into the ordinary life of the community, subtly, inoffensively, imperceptibly taking advantage of the forms in which business is transacted, social life carried on, or recreation enjoyed,—then the difficulties in the way of effective action are more serious. The cruder forms of prostitution are easily reached;—easily, I say, because, even though the task has been nowhere achieved, there is, in the nature of the case, no reason why a well-governed community should fail to achieve it; but the subtler forms present problems so different in kind that in dealing with them agencies and influences of a totally different character must be employed.

I do not mean that repression will have accomplished little. On the contrary, important good is achieved at the moment and still more in the long run. But prostitution as a formidable problem will still remain. Repression is, on the whole, what physicians call symptomatic treatment; it may achieve something more than alleviate the ravages, but it does not cure the disease. It does not necessarily decrease the thing in the same ratio in which it alters appearances.

What would conceivably happen in a city like London if the police, spurred and controlled by an active popular impulse, accomplished all that could be humanly expected? Street-walking of a provocative character would disappear; the advertised brothel would cease to exist; the public house (saloon) would strictly enforce the law against the harboring of prostitutes; the obvious forms of spurious employment would be dispersed,—rendered more circumspect and much less readily accessible; prostitutes would disappear from the lobby and promenade of the variety theaters, etc. The pimp, the exploiter, the third-party interest would be severely checked and, with that, the tropical growth due to them. We may also assume that a vigorous and adequate hygienic policy would lessen the volume of disease, and effect quicker and completer cures. In a word, prostitution as an offensive and aggressive activity would be more or less done for; and the loss through disease would be minimized.

What would be gained? The inducement to enter the life or to persist in it would be lessened; the total volume of business and the volume transacted by any one woman would be decreased; the financial waste would be less; the amount of disease disseminated would be less; the demoralization of the woman would often be less complete, less overwhelming, less irretrievable: surely, very important gains.

Well drawn, well codified, well executed laws could accomplish this. Any civilized society utilizing the resources and instrumentalities that every such society has within its reach, can, if really so minded, ultimately reduce prostitution and its ravages so far by direct action.

It is well worth doing; it is, humanly speaking, a possible undertaking, even though, I repeat, nowhere as yet by any means accomplished. Let us not, however, deceive ourselves into thinking that such a direct frontal attack absolves us from effort in other and different directions. Further achievement depends upon alterations in the constitution of society and its component parts. In so far as prostitution is the outcome of ignorance, laws and police are powerless; only knowledge will aid. In so far as prostitution is the outcome of mental or moral defect, laws and police are powerless; only the intelligent guardianship of the state will avail. In so far as prostitution is the outcome of natural impulses denied a legitimate expression, only a rationalized social life will really forestall it. In so far as prostitution is due to alcohol, to illegitimacy, to broken homes, to bad homes, to low wages, to wretched industrial conditions—to any or all of the particular phenomena respecting which the modern conscience is becoming sensitive,—only a transformation wrought by education, religion, science, sanitation, enlightened and far-reaching statesmanship can effect a cure. Our attitude towards prostitution, in so far as these factors are concerned, cannot embody itself in a special remedial or repressive policy, for in this sense it must be dealt with as part of the larger social problems with which it is inextricably entangled. Civilization has stripped for a life-and-death wrestle with tuberculosis, alcohol and other plagues. It is on the verge of a similar struggle with the crasser forms of commercialized vice. Sooner or later, it must fling down the gauntlet to the whole horrible thing. This will be the real contest,—a contest that will tax the courage, the self-denial, the faith, the resources of humanity to their uttermost.

Appendices

APPENDIX I PARIS REGULATIONS[672]

_Duties and Prohibitions Imposed on Public Prostitutes._

Public prostitutes are required to report at the Health Dispensary for medical examination at least once a fortnight at dates that will be fixed for each case.

They are ordered to show their sanitary cards whenever requested to do so by police officers or agents.

They may not walk about in public streets before the street lanterns have been lighted, nor, in any season of the year, before seven o’clock in the evening; nor may they remain in the streets after midnight.

There must be nothing about their deportment or their attire that attracts attention in an offensive manner.

They are expressly forbidden to speak to minors or to men accompanied by women or children, or to entice anyone in a loud voice or with persistence.

They are forbidden to loiter in the streets, to gather in groups, to walk about in groups, to pass the same points too frequently, as they go up and down, and to have their “pimps” walk with them or behind them.

They are not permitted to be in the vicinity of churches (Catholic or Protestant), schools and lycées, covered arcades, boulevards, the Champs-Élysées, the railway stations and their approaches, and the public parks.

They are not permitted to live in houses in which there are boarding-schools or day-schools.

They are likewise not permitted to share their lodgings with a lover or with another prostitute.

They must never solicit from their windows.

Any woman violating the above instructions, or resisting officers of public authority, or giving wrong information as to her address or name, incurs the risk of certain penalties, the severity of which is in accordance with the seriousness of the offence.

IMPORTANT NOTICE.—The card issued to prostitutes at the time of their enrolment is not to be regarded as an authorization, and must in no way be taken as an encouragement to vice, or as an obstacle to decent employment.

The card enables the administration to determine whether the public prostitutes—in their own interest as well as in the interest of the public health—are reporting regularly for the medical examinations which are provided for them as long as they continue practising prostitution.

A woman may at any time be stricken from the list and have her card recalled, if it be shown that she no longer draws her means of subsistence from prostitution.

Furthermore, the necessary confirmation of the above fact will be sought with reserve and discretion.

INSTRUCTIONS GOVERNING THE VARIOUS OPERATIONS OF THE MORALS SERVICE.

I CLANDESTINE PROSTITUTION

§ 1. _Searches and scrutinies carried on in private houses in furnished-room houses, and in cafés and saloons._

The inspectors of the active morals service, when informed that a certain private house or furnished-room house is being secretly used as a resort for prostitution, will immediately report such information to their Officier de paix, who will draw up a statement for the Chief of Municipal Police.

The Chief of Municipal Police will cause exact and precise data to be gathered, which will be reported to the Préfet de Police by the Chief of the 1st Division, who, if that be desirable, will advise the Préfet to issue a search-warrant.

This warrant, issued in accordance with article 10 of the Law of July 22, 1791, and having effect at any hour of the day or night, in cases of public notoriety, shall then be transmitted to the Chief of Municipal Police, together with a note giving the necessary directions to assist in carrying it out.

The inspectors ordered to the search will report to the Commissaire of police of the quarter, to advise him of their mission, so that he may be in readiness to furnish aid when aid shall be required.

The authorization to live in furnished rooms, granted to prostitutes who, by reason of their age or their infirmities, cannot secure places in brothels, and cannot afford to live in quarters of their own, has no other purpose than to enable them to find a home. Such authorization does not exempt them from the consequences of the offence of practising prostitution in the furnished rooms inhabited by them.

It would be proper, therefore, to arrest women, if, in the course of search made in execution of such a warrant, they should be found in the company of men enticed by them, which fact would furthermore constitute a charge against the keeper of the house, being an infraction on his part of article 5 of the Ordinance of November 6, 1778. But such arrests should not be made if the women are found with men with whom they regularly share those lodgings, being the concubines of such men, a fact which it would be easy to establish by referring to the list on the police register.

As for cafés, saloons, or other places where liquor is sold, and in which clandestine prostitution is encouraged, the Commissaires of police may enter such places, without a warrant, up to the closing hour, or even later, if such establishment should remain open in violation of the police ordinances.

They may go through public meeting places, if necessary, in order to ascertain infractions of article 14 of the Ordinance of November 8, 1780.

Inspectors who, in the course of their watches, may observe conditions constituting violations of the above nature, will inform the Commissaire of police of the quarter.[673]

§ 2. _Girls not under supervision._

Inspectors must proceed with the greatest caution in the cases of girls not under supervision, whom they may meet in the public streets, and must not arrest them except after a surveillance resulting in the observation of a number of distinct acts of soliciting.

In a public place commonly known to be a resort for prostitution, it is proper to arrest a girl not under supervision, when there is evidence of the actual act, or an admission on the part of the girl or of the man found with her, that the girl has solicited him to the act of debauchery.

Whatever may be the circumstances under which they have been arrested, girls not under supervision must, in accordance with the procedure outlined in the circular of March 24, 1837, be transferred as promptly as possible to the Bureau of the Commissaire of police of the quarter in which the arrest has taken place, and they must there be interrogated without delay.

Inspectors will always adopt an attitude towards such women, that will be in accordance with the dignity of the administration, except when legally confirming insults or assaults made on them by such women. They will absolutely refrain from in any way encouraging the women to solicit them.

When handing over a girl not under supervision, to the discretion of a Commissaire of police, inspectors will place in the hands of such official, unless he is in receipt of a complete declaration from them, a detailed report of the acts of which the girl is accused.

After having handed over a girl not under supervision, to the discretion of a Commissaire of police, or after having aided a Commissaire of police, while executing a warrant, in a public place, in making the arrest of a girl not under supervision, inspectors will at once ascertain whether such girl is really domiciled at the address given by her, and whether she is known by the persons whose servant or employee she states she has been.

They will carefully gather information as to her behavior and means of subsistence, and will report all facts thus obtained, in a special report to the Chief of Municipal Police, who will transmit the report to the Chief of the 1st Division.

Inspectors should never lose sight of the fact that the object of searches and scrutinies executed in pursuance of a warrant is to get at women or girls who are engaged in public prostitution, and not at those whose sole offence is an act of private debauchery, which, reprehensible though it may be, should not expose the woman committing such acts to the consequences that should be borne only by real prostitutes.

For instance, the mere fact that a woman is found in a furnished-room house, or in a public place, in the very act of debauchery, is not sufficient evidence to show that the woman is guilty of prostitution, if she has regular relations of this nature with the man found with her, and if no act of soliciting to paid debauchery is set forth. It is expressly recommended, that when women are found sleeping alone, even in places that have a bad reputation, no steps be taken to arrest them, unless the circumstances are such as to convince the Commissaire of police that such women have been engaged in an act of prostitution. The Commissaires of police will carefully, and without delay, investigate the circumstances causing the arrest of girls not under supervision; after having heard the arrested person, they will decide whether the arrest is to hold good. Should they consider it desirable to take immediate steps to ascertain certain facts, they may have a telegram sent for that purpose to the Chief of Municipal Police, by the Officier de paix of the arrondissement.

They will draw up a procès-verbal of the interrogation through which they have put the persons arrested. They are expressly forbidden to make use of printed blanks in conducting this interrogation.

II TOLERATED PROSTITUTION.

§ 1. _Brothels._

Inspectors must keep tolerated brothels under daily surveillance, in order that they may be certain that no infractions of public order and decency take place there, and that the women keeping such houses comply rigorously with the special requirements made of them, as well as with the general regulations for public order, notably with those concerning the apparel and the number of girls permitted to go out, and the hours of leaving and returning.

As far as departures and returns are concerned, which take place by stealth after the closing hour, such acts do not constitute a punishable infraction except in so far as they may be the cause of noises of a nature to disturb the public peace.

Inspectors will hand in without delay, in the form of a special report, an account of any serious or extraordinary occurrence taking place in such houses, and will repeatedly warn the mistresses of such houses that the latter must immediately report any such event to the Commissaire of police of their quarter, unless they have an opportunity, within the proper hours, to notify the administrative Bureau of the Officier de paix assigned to the morals service.

Inspectors will strictly enforce the prohibition, issued to mistresses of houses, forbidding them to grant admission to students of the lycées, or of civil and military schools, when in uniform, or to any young men under eighteen years of age, and will report any infractions of this rule.

§ 2. _Enrolled Women._

Inspectors will see to it that all the provisions of the decree of September 1, 1842 are carried out.

They will require individual prostitutes, not connected with brothels, when met with in inspections of furnished-room houses or other places, or in the course of the inspectors’ street duty, to show their cards, in order that the inspectors may know whether the prostitutes are prompt in reporting for medical examination, and in order that those who have missed examinations, a list of whom is given out twice a month by the administrative bureau, may be traced and called to account. When a girl makes a statement in explanation of her not having the card, which the inspector has reason to believe is untrue, he may accompany her to her home.

Inspectors who are ordered to bring an enrolled woman to the administrative office, and who do not find such woman at her home, will do no more than report that fact. They will leave no word as to the object of their call, in order that the woman wanted may not be tempted to conceal her whereabouts.

§ 3. _Disappearances of girls._

The search for girls who have disappeared must be carried on with the greatest possible discretion.

In the cases of girls who have returned to their families, or who have taken up honest work, or who appear to be no longer deriving their means of livelihood from public prostitution, inspectors will merely report the present circumstances of the girls, in a special report.

Of the girls who have disappeared, only such are to be brought to the administrative Bureau, as have been found in brothels, or in the homes of other prostitutes, or in furnished-room houses or private houses, when none of the circumstances given above as exempting them from arrest under this head, is applicable to them.

III TRANSFER OF ARRESTED WOMEN TO THE PRÉFECTURE.

Prostitutes arrested by inspectors in Paris or in the suburbs, who cannot immediately be taken to the Préfecture de Police, will be kept at the station-houses, from which they will be sent to the Dépôt.

IV (On Sodomy, here omitted.)

V ADMINISTRATIVE SERVICE.

Before any other action is taken, the Interrogating Commissaire, Head of the Morals Bureau, should examine all documents relating to the arrest of girls not under supervision, in order to determine in what cases there is good reason for postponing the physical examination.

The interrogation of girls not under supervision is conducted by the Interrogating Commissaire himself; he reads to the girl the declaration made by her, and has her sign the procès-verbal of the interrogation; if necessary, he interrogates the officers.

Whenever it may be necessary to enroll a girl not under supervision, who is of age and who refuses to submit to the sanitary and administrative requirements, or, whenever it may be necessary to enroll a girl who _is not of age_, the case will be decided by a commission consisting of the Préfet or his representative, the Chief of the 1st Division, and the Interrogating Commissaire, instead of, as heretofore, ending with a written statement of the facts. This commission will interrogate the woman arrested as well as the officers.

It is important to bear in mind that prostitutes, at the time they are enrolled, receive a printed notice informing them that on their application their names may be removed from the surveillance lists, when some verification has been made of the fact that they have ceased practising prostitution. This verification should be made with discretion and reserve.

In the matter of disciplinary punishments imposed on enrolled women, the procedure will continue to be as heretofore, that is, punishments will be assigned by the Préfet, on the motion of the Interrogating Commissaire, approved by the Head of the 1st Division. However, in any case of appeal by an enrolled woman from the punishment imposed upon her, such appeal shall be referred immediately to a commission consisting of the Préfet de Police, or his representative, and two Commissaires of Police of the City of Paris, chosen by rotation from the list of such officials.

Decisions of this commission will be made after hearing the arrested person as well as the officers, if that be necessary.

When the commission is not presided over by the Préfet in person, its decisions must be ratified by him.

To make certain the permanence of the service, the sub-Chief of the 3rd section of the 2nd bureau will bear the title of _supplementary_ Interrogating Commissaire, but his services will not be called on except when the titular interrogating commissaire is prevented from being present.

VI MEDICAL SERVICE.

Although no cases have as yet arisen in which it has been necessary to use force in making the physical examination, the medical service is recommended to refrain from taking such steps in any case in which they may meet with resistance.

Such an occurrence should at once be brought to the attention of the Préfet.

APPENDIX II BERLIN REGULATIONS[674]

In the Police District of Berlin, a person of female sex who has been assigned, because of her practising immorality as a trade, to the surveillance of the Health Police, is subject to the following restrictions:

1. She must submit to medical examination as to her condition of health, in accordance with directions given her.

2. She must appear promptly, at the time set for her, for medical examination, and furthermore, as soon as she observes any indication of illness in her genitals, or in her inguinal glands, she must report at once to the Chief of the Morals Police and state her trouble.

3. Medical examinations ordered by the morals police, to take place in her own home, must be permitted without resistance.

4. When found afflicted with a venereal or skin disease, or with any contagious disease, she is obliged to submit to being committed to such hospital as may be designated by the authorities and to comply with the requirements of the treatment until she is cured. Furthermore she must punctually discharge the duties imposed upon her by the morals police in any home treatment ordered by that body, or in any treatment supplementary to hospital care.

If found infested with vermin, she must submit to the treatment as officially outlined.

In the hospital she must comply with the orders of physicians and officials, as well as with the rules of the house; in case an absence has been allowed, she must report promptly on the expiration of the term granted.

5. She is not permitted to lounge about, in an offensive manner, in the streets or squares of the city, to entice men to lechery by addressing them, or to appear in the company of a person known by her to be under the surveillance of the morals police, or known to her as a pimp.

She is not permitted to stand or sit in doorways or entrance-gates.

She must comply absolutely with the instructions of the criminal officers who display the proper badges, which instructions are given for the maintenance of public order and public decency. This does not touch upon the rights of uniformed officers of supervision.

6. Except for very urgent reasons, she must not enter the following streets or places:

Lustgarten, Tiergarten, including Königsplatz, Friedrichshain, Humboldthain, Victoriapark, Unter den Linden, Friedrichstrasse, Belle-Alliance-Platz, Wilhelmstrasse, Potsdamerstrasse, Bülowstrasse from Zietenstrasse to Yorckstrasse, Linkstrasse, Lützowstrasse, Potsdamerplatz, etc.

7. She is not permitted to loiter in the vicinity of churches, schools, higher institutions of learning, buildings of the Royal Government or other public buildings, especially military barracks. She must not visit theaters, circuses, or exhibitions, or the concert gardens connected with them, the Zoological Gardens, the Museums, the railway stations (unless it be to purchase a ticket for railway passage), or, finally, any places that may be named in later orders of the police authorities.

8. In public meeting places she must not attract undue attention to herself.

9. She may not enter into any manner of relation with male or female persons under 21 years of age, and, particularly, must not engage such persons as servants.

10. She must guard carefully against permitting the fact of her living in a certain house from becoming the occasion of any offence or disturbance, either in the house itself or in the immediate vicinity. Failing to prevent such offence, and having once been warned without effect, she must leave the house within the time indicated by the morals police when issuing the order of removal to her.

11. At any hour of the day or night, she must grant immediate admission to the police officer who calls in order to inspect her dwelling, or procure such admission for him, and give as much information as she may possess concerning persons found in her rooms.

12. If she is found in any resort known to the police as a place where prostitutes congregate, and if complaints have been made concerning irregularities at that place, she may be ordered by the morals police to refrain from entering such place.

13. She must not appear at the windows of her own dwelling, or of any other dwelling, in any manner that may give offence.

14. When asked, she must truthfully give the address of her home. She must personally report every change of address, at the registry of the morals police, not later than the next prescribed medical examination. In written petitions to the morals police, her present address must always be given in full.

15. She must not have her abode in the vicinity of churches, schools, or higher institutions of learning, buildings of the Royal Government, or other public buildings, especially military barracks, nor must she have her abode on the streets and squares to which access is denied her in Paragraph 6 of these regulations. As soon as her occupation of such dwelling as may be prohibited by this paragraph (15) is discovered, it is her duty to give up such dwelling, on the order of the morals police, within the period indicated by that authority.

16. She is not permitted to grant a lodging to her pimp in her own dwelling.

17. She must keep her control-book, and the identification card issued to her at dismissal, in intact condition, until they are handed over to the proper person; she must not leave either the identification card or the control-book in the keeping of other prostitutes or of any other persons not having any right to receive such documents.

18. When in the offices of the morals police, she must conduct herself quietly and decently, and comply absolutely with the instructions of the supervising staff and the physicians.

19. In accordance with § 361 sec. 6 and § 362 of the Penal Code for the German Empire, infractions of these rules are punished by imprisonment for not more than 6 weeks; the sentence may also provide that the condemned, after paying this penalty, is to be handed over to the State Police Department (Landespolizeibehörde), which body will have the discretion of committing the discharged prisoner to a workhouse, or a protectory, or house of correction, or other asylum, or of assigning her to labor of public utility, for a period not exceeding 2 years.

When proof is furnished of an honorable moral deportment and of the exercise of a respectable calling, as well as in cases of marriage, surveillance by the morals police will be discontinued on application.

All persons of female sex who are under the surveillance of the Berlin Morals Police, are subject to the above regulations, even though they may actually reside in one of the following districts:

Treptow, Reinickendorf, Tegel, Weissensee, Pankow, Tempelhof, Britz, Friedenau, Schmargendorf.

Persons of female sex living in Charlottenburg, Schöneberg, Wilmersdorf, Rixdorf, Lichtenberg, Friedrichsberg, Stralau, or Boxhagen-Rummelsburg, but subject to the morals police, not of those localities, but of Berlin, are likewise required to observe these regulations. They must particularly report at the Berlin Morals Police Office, on the days and at the hours set for them, until such time as they may be assigned to surveillance by the morals police of their own community, and made subject to medical examinations in such community.

These regulations go into effect on February 1, 1912.

(A printed circular as to the nature of various venereal diseases, and the precautions to be observed, is also given to every inscribed woman.)

APPENDIX III HAMBURG REGULATIONS. (_a_)[675]

I PRECAUTIONS AGAINST INFECTION WITH VENEREAL DISEASE.

(Directions to inscribed women; omitted here.)

II INFORMATION AS TO THE MANNER OF FILING CERTAIN COMPLAINTS AND AS TO HOUSES OF REFUGE.

Should a keeper of furnished rooms attempt to prevent the departure of a controlled girl, or retain possession of her effects, or make any claim for payments of whatever nature (such as repayment of money advanced, or for articles of clothing furnished by him), the girl, if not in a position to file complaint at the office of the morals police, should, on the occasion of her next medical examination, apply to the officers of the morals police, so that an investigation may be made.

The officers are also ready to give the girls information concerning Houses of Refuge where they may obtain shelter pending their return to a decent mode of life.

III POLICE REGULATIONS FOR WOMEN UNDER STRINGENT SUPERVISION OF THE MORALS POLICE.

§ 1. After being assigned to stringent police supervision, women so assigned will submit at once to examination by the head Police Physician or his representative, and, thereafter, to regular examination, twice a week, by the Medical Inspector appointed by the Police Department, at the place ordered by the Police Department, and at the time set by the Police Department. If, in the judgment of the Police Department, additional examinations are also necessary, the women will submit to them also, and will report promptly at the time and place indicated for that purpose.

§ 2. They must immediately report to the Police Department any symptoms of disease which they may have observed on their persons. Such immediate report may be omitted only when the regular examination of the medical inspector is to take place later in the day on which the symptom has been observed.

§ 3. At all examinations they must present themselves in clean clothing and in a condition of sobriety and bodily cleanliness.

§ 4. They must unhesitatingly comply with the instructions of the medical examiners.

§ 5. If the physician orders hospital treatment, they are obliged to submit to being transferred to such hospital as may be appointed by the authorities. There they must remain until the physician orders their discharge. During their detention at the hospital they must comply with the instructions of the physicians and officers of the institution, as well as the directions of the nursing staff, conduct themselves in an orderly and modest manner and observe the rules of order. It is forbidden to bring flowers, books, foodstuffs, beverages, or tobacco, to the hospital, without the permission of the physician, or to receive or utilize such articles at the hospital without such permission. It is strictly forbidden to make use of any apparatus, instrument, bandage, chemical, or medicament, on one’s own authority. Temporary absence from the hospital is only permitted with the approval of medical and police authority.

§ 6. Within 24 hours they must personally report any engagement of, or change of residence, at the office of the morals police (City Hall, 3d Story, Room 129), between the hours of 9 A. M. and 2 P. M., in addition to discharging any formalities as to reports of residence that may be required of all the members of the population. When about to leave Hamburg, permanently or temporarily, they must likewise personally report their departure at the same office, before 11 A. M. Within 24 hours after returning to Hamburg, they must personally report that fact at the office of the morals police.

§ 7. They must immediately grant admission to the police officer who calls in order to inspect their dwellings.

§ 8. They must comply at once and without fail with all instructions of the police issued to them for the preservation of peace and order, as well as for the administrative purposes of the morals police, without thereby forfeiting their right to lodge a subsequent protest.

§ 9. They must likewise comply with any commands or prohibitions of the police, other than those enumerated in these regulations, but issued in the interests of the administration of the morals police.

§ 10. They are not permitted:

1. To live or spend the night in any houses other than those approved of by the morals police for the use of such women, to consort with men in other than the approved houses, or to wander about homeless, as vagrants,

2. To have minors in their homes, take in other persons as boarders, or keep female servants under 25 years of age,

3. To grant access to their dwellings, not to mention the granting of sexual intercourse, to persons who are minors,

4. To appear visibly at the window or front door of the house they live in or of any other house, or to attempt to attract men by tapping, knocking, calling, or in any other manner,

5. To accost men in the street or in other places accessible to the general public, to entice them, either by means of beckoning or of other gestures, or to molest them in any manner,

6. To appear in public in any manner that may offend decency, or to appear in striking apparel,

7. To spend the hours between 11 P. M. and 6 A. M. in any other place than in their homes,

8. To frequent the following streets and places: Alter Jungfernstieg, Neuer Jungfernstieg, Alsterdamm, Neuerwall, Alterwall, Reesendamm, Rathausmarkt, Burstah, Adolphsplatz, Grosse, Johannisstrasse, Mönckebergstrasse, Steindamm, Reeperbahn, Spielbudenplatz, Dammthorstrasse, Harvestehuderweg, An der schönen Aussicht, Schwanenwik, An der Alster, and the Wallanlagen,

9. To visit the following institutions, theaters, and grounds, or the parts thereof indicated: Stadttheater, Thaliatheater, Deutsches Schauspielhaus, Hansatheater, the box seats and orchestra stalls of the Carl Schultze Theater and of the Hamburger Operettentheater, seats on the first level of the Neues Operettentheater, the Museums, the Zoological and Botanical Gardens, the Velodrom, any seats or stands at the Races except second balcony or standing room, boxes, balcony and stalls at the circuses, functions under the auspices of the Allgemeiner Alster Club, particularly regattas, public music halls and public dance halls (except those at No. 25 Neustädterstrasse and No. 10 Mohlenhofstrasse),

10. To enter any saloons, restaurants, cafés, concert halls and music halls in the City of Hamburg or in the following suburbs, united with the City by the Law of June 22, 1894: St. Pauli, Eimsbüttel, Roterbaum, etc.,

11. To ride in open carriages,

12. To make use of any apartments in the bath-houses of this city, other than those reserved for the use of individual bathers, and especially, to make use of the swimming-pools of such establishments,

13. To employ, or permit others to practise for them, any device or process calculated to deceive the medical inspectors,

14. To support a pimp or visit the dwellings of such, or to receive pimps in their own homes.

§ 11. Any woman under supervision, who offers reasonable assurance that she has completely abandoned vice as a livelihood, and is engaged in the pursuit of a legitimate calling, may be provisionally liberated, either wholly or in part, from the necessity of observing the regulations of the morals police, and, in case her conduct within a certain period, the length of which is to be designated for each special case, offers no reason to suppose that she will continue her practice of the vicious trade, the surveillance to which she is subject will be finally discontinued.

§ 12. In accordance with § 361 sec. 6 and § 362 of the Penal Code, infractions of these regulations are punished by imprisonment for not more than 6 weeks and commission to the State Police Department (Landespolizeibehörde), for detention in a workhouse for not more than 2 years.

HAMBURG REGULATIONS. (_b_) POLICE REGULATIONS FOR WOMEN UNDER LIMITED SUPERVISION OF THE MORALS POLICE.

§ 1. After being assigned to limited police supervision, women so assigned will submit at once to examination by the head Police Physician or his representative, and then to the regular medical examinations that will be set by the Police Department.

§ 2. They must immediately report to the Police Department any symptom of disease which they may have observed on their persons. Such immediate report may be omitted only when the regular examination by the medical inspector is to take place later in the day on which the symptom has been observed.

§ 3. At all examinations they must present themselves in clean clothing and in a condition of sobriety and bodily cleanliness.

§ 4. They must unhesitatingly comply with the instructions of the medical examiners.

§ 5. If the physician orders hospital treatment, they are obliged to submit to being transferred to such hospital as may be appointed by the authorities. There they must remain until the physician orders their discharge. During their detention at the hospital they must comply with the instructions of the physicians and officers of the institution, as well as with the directions of the nursing staff, conduct themselves in an orderly and modest manner and observe the rules of order. It is forbidden to bring flowers, books, foodstuffs, beverages, or tobacco, to the hospital, without the permission of the physician, or to receive or utilize such articles at the hospital, without such permission. It is strictly forbidden to make use of any apparatus, instrument, bandage, chemical, or medicament, on one’s own authority. Temporary absence from the hospital is only permitted with the approval of medical and police authority.

§ 6. Within 24 hours they must personally report any engagement of or change of residence at the office of the morals police (City Hall, 3d Story, Room 128), between the hours of 9 A. M. and 8 P. M., in addition to discharging any formalities as to reports of residence that may be required of all the members of the population. When about to leave Hamburg, permanently or temporarily, they must likewise personally report their departure at the same office, before 11 A. M. Within 24 hours after returning to Hamburg they must personally report that fact at the office of the morals police.

§ 7. They must immediately grant admission to the police officer who calls in order to inspect their dwellings.

§ 10. They are not permitted:

1. To live in a house which the police authorities have declared to be unsuitable for them, to spend the night with men or consort with men in any other house than their own dwelling, or to wander about homeless, as vagrants,

2. To take in another person as a boarder, to have any minor children (their own or those of others) in their rooms, or to keep a female servant who is under 25 years of age,

3. To grant access to their dwellings, not to mention the granting of sexual intercourse, to persons who are minors,

4. To appear visibly at the window or front door of the house they live in or of any other house, or to attempt to attract men by tapping, knocking, calling, or in any other manner,

5. To accost men in the streets or in other places accessible to the general public, to entice them, either by means of beckoning or of other gestures, or to molest them in any manner,

6. To appear in public in any manner that may offend decency, or to appear in striking apparel,

7. To spend the hours between 11 P. M. and 6 A. M. in any other place than in their homes,

8. To frequent the following streets and places: Alter Jungfernstieg, Neuer Jungfernstieg, Alsterdamm, etc.,

9. To visit the following theaters, institutions, and grounds, or the parts thereof indicated: Stadttheater, Thaliatheater, Deutsches Schauspielhaus, Hansatheater, the box seats and orchestra stalls of the Carl Schultze Theater, seats on the first level of the Neues Operettentheater, the Museums, the Zoological and Botanical Gardens, the Velodrom, any seats or stands at the Races except second balcony and standing room, boxes, balcony and stalls at the Circuses, functions under the auspices of the Allgemeiner Alster Club, particularly regattas, public concert halls and public dance halls (except the Elbhalle and those at No. 25 Neustädterstrasse and No. 10 Mohlenhofstrasse),

10. To enter any saloons, restaurants, cafés, concert halls, and music halls in the City of Hamburg or in the following suburbs, united with the City by the Law of June 22, 1894: St. Pauli, Eimsbüttel, etc.,

11. To ride in open carriages,

13. To employ, or permit others to practise for them, any device or process calculated to deceive the medical inspectors,

14. To support a pimp or visit the dwellings of such, or to receive pimps in their own homes.

§ 11. Any woman under limited supervision, who offers reasonable assurance that she has completely abandoned vice as a livelihood, and is engaged in the pursuit of a legitimate calling, may be released from the supervision to which she is subjected.

APPENDIX IV VIENNA REGULATIONS.[676]

The following police regulations for the supervision of prostitution are issued in accordance with § 22 of the Ordinance of the Imperial Government of Lower Austria, dated February 9, 1851, L. G. u. Reg. Bl. No. 39,[677] on the Jurisdiction of Police Departments; and with reference to § 5 of the Law of May 24, 1885, R. G. Bl. No. 89.[678]

I. THE SUPERVISING AUTHORITY.

§ 1. The supervision of female persons who make a business of selling their bodies for vicious purposes, is incumbent on the District Police Commissariats[679] and on the Division for Morals Police Affairs of the Department of Police.

II. ASSIGNMENT TO SUPERVISION.

§ 2. In accordance with the provisions of this edict, assignments to supervision may be made either by the Department of Police or by the Police Commissariats. But no such assignments may be made without the previous declaration, on the part of the prostitutes, that they wish to be put under supervision.

§ 3. Women must not be assigned to supervision if they are:

(a) girls under 18 years of age, (b) virgins, (c) pregnant, (d) married and not legally divorced, (e) afflicted with contagious diseases.

Prostitutes with venereal diseases must be committed to hospital treatment before their assignment to supervision.

§ 4. Women about to be assigned to supervision must prove their identity, and, particularly, their legal domicile, by presenting the proper documents. If necessary, a delay may be granted within which such papers are to be procured. This delay does not postpone the assignment to supervision.

They must be thoroughly interrogated on their circumstances and on the reasons which have caused them to enter prostitution. In this interrogation, which is to be conducted with due consideration for the peculiarities of each case, particular effort must be made to determine whether the women are aware of the significance of their step.

Finally, they are to be subjected to an official medical examination.

§ 5. Minors may be assigned to supervision only by the Department of Police, and by that Department only when complete moral indifference, without any hope of betterment, has been unmistakably ascertained.

In all cases in which there is even the remotest possibility of improvement, the assignment to supervision is to be postponed until such time when the attempts at reform may be regarded as finally ineffective. But every opportunity must always be offered to the legally constituted guardians of minors, to use the influence for good imposed on them by their position as guardians. With this object in view, such legal guardians are to be invited to the office, but every precaution must be taken to guard their reputations. If they reside outside of Vienna, the necessary negotiations should, under ordinary circumstances, be carried on directly with them, and not through the intermediation of the police authorities of their homes.

In order that the minor may be enabled, if possible, to return to a decent mode of life, constant communication must be maintained, in every case, with the Surrogate’s Office, and, wherever it is feasible, with the charitable organizations active at the time.

§ 6. No kind of certification of assignment to supervision is to be given to the prostitute; yet, she is to be subjected to verbal instruction on the essential contents of the police regulations.

§ 7. In the case of every prostitute, her possible previous sentences and venereal diseases are to be ascertained, either from the records of the Vienna offices, or through correspondence with the authorities in such localities as may previously have assigned her to supervision.

§ 8. Prostitutes of foreign domicile whose coming to Vienna was merely for the purpose of being assigned to supervision here, are to be deported from the city, in application of the Law of July 27, 1871, R. G. Bl. No. 88.

III. DWELLINGS OF PROSTITUTES.

(a) _Prostitutes who practise prostitution in their own homes._

§ 9. Such prostitutes as practise prostitution as a trade in their own homes are obliged, in their choice of abode, to obtain the approval of the proper Police Commissariat. In granting this approval it must be borne in mind that such dwellings must be as distant as possible from the main lines of traffic, and not in the vicinity of schools, churches, or other public buildings, and not in any other places where their presence might give offence.

§ 10. Such prostitutes are not permitted to live with persons in whose households there are minors under the age of 18.

§ 11. Not more than three prostitutes who are under supervision may live with the same mistress of furnished rooms.

Such lodgings as may exist when this edict goes into effect, which do not fulfill the above requirements, are either to be gradually ordered vacated by prostitutes, at such opportunities as may offer, or the number of prostitutes is to be reduced to the prescribed limit.

§ 12. In the choice of their dwellings, as much liberty as is feasible is to be allowed such prostitutes as have homes of their own which they do not share with other prostitutes.

§ 13. There is to be no relation between the prostitutes and the mistress of their rooms other than that of tenant and landlady. No other influence must be exerted by the landlady over the prostitutes; particularly, the landlady must have no share or percentage in the proceeds of the vicious trade, nor must she hinder the prostitutes from moving out of the house, nor must she serve alcoholic beverages to the prostitutes or their customers.

Prostitutes are not permitted to live with landladies who violate the above regulation, provided that the nature of the offence has been explained to the offender, without effect.

§ 14. The Police Department is furthermore privileged at any time to forbid a prostitute to live in a certain house, or with a certain landlady, without assigning a reason for such prohibition.

§ 15. Dwellings of prostitutes must be kept under constant thorough surveillance. Admission to such dwellings must be granted at any time to the officials sent for the purpose of inspection of the dwellings.

(b) _Prostitutes living in brothels._

§ 16. The establishment of brothels, that is, of lodgings in which prostitution is practised as a business, and in which the mistress of the house figures as the entrepreneur or manager of the business, is to be prohibited.

Brothels already in existence are to be inspected regularly, without the previous knowledge of the inmates, both by the Commissariats and by the Police Department, by the former at least once every three months, and by the latter at least once every half-year. The inspections will be conducted by an officer of the reporting staff and an official physician.

The inspection is to include a scrutiny of all the rooms, an examination of the list which the mistress is required to keep (giving the name, personal data, day of admission, and day of departure, of each prostitute), a medical examination of the prostitutes to determine the existence of any physical abuses or maltreatments, and an inquiry into the manner in which all the remaining orders issued for the management of the brothel have been complied with.

At these inspections, furthermore, prostitutes must have an opportunity to make any complaints of whatsoever nature, without pressure from anyone, and it must be determined whether any difficulties are being put in the way of their leaving the house.

§ 17. The Commission of the Police Department may, as a result of the inspection, adopt such measures as appear to it to be for the best interests of the public, from the standpoint of hygiene or from that of the Morals Police Service.

Should the Commissariat consider such measures desirable, it must apply for the approval of the Police Department, simultaneously submitting the record of the inspection to the Department.

§ 18. The employment in brothels of servants who are minors is not to be permitted.

§ 19. The Police Department may at any time order the closing of a brothel; particularly, when there have been infractions of the provisions of §§ 17 and 18, or even of § 13, the provisions of which are intended to be applied to brothels also.

§ 20. Prostitutes who practise prostitution outside of their homes are not as a rule limited to any locality in the choice of their dwellings. But even they may be forbidden to live in a certain house, when definite acts of theirs have been the occasion of complaints that have been shown to be well-founded.

IV. NATURE OF THE SUPERVISION.

§ 21. A prostitute subject to supervision is required to report twice a week, at times set for her, for official medical examination.

§ 22. A prostitute found, when being officially examined, to be afflicted with a venereal disease, is required to report for treatment not later than 6 P. M. on the same day, at the hospital to which she is referred by the Commissariat of the district in which she lives, under pain of compulsory transfer, should she neglect so to report. For this purpose, she must apply to the Commissariat of her district, for a certificate of commitment.

§ 23. A prostitute received at the hospital must remain there until her discharge is ordered by the physician treating her, and while there, must comply with all instructions.

§ 24. A prostitute discharged from the hospital must comply with the requirements of any additional outside treatment or observation of her condition, by presenting herself for examination at such intervals as may be set by the Sick Division.

In order that diagnosis, hospital treatment, and instructions for supplementary outside treatment may be entered on the sick card, the latter should be enclosed with the certificate of commitment that is sent to the office of the hospital when a prostitute is committed to such hospital. This card remains at the hospital until the prostitute is discharged or until the conclusion of any supplementary outside treatment or observation that may be ordered. The Police Department must be reminded that the card is still at the hospital, by means of a note to that effect, written on the sheet that carries the notification of dismissal to the Police Department.

Should the necessity of a new commitment of the prostitute to the hospital arise between the time of discharge and the termination of the outside treatment, effort should be made to have her committed to the hospital that is still in possession of her sick card, or to induce the former hospital to send the card to the hospital in which the prostitute has been received.

§ 25. A prostitute under supervision must give notice within 24 hours of every change of address, to the Commissariat of her former district as well as to that of her new district.

The control-sheet is at once to be sent to the proper (new) Commissariat through the Police Department.

§ 26. For reasons connected with the administration of the morals police, a prostitute under supervision is not permitted to stroll through the streets in the company of other prostitutes or of pimps, or to grant shelter to pimps in her home.

In other respects the prostitute is, in principle, to be bound only to comply with those general regulations for public morality and decency that are applicable to all persons.

§ 27. In the interests of public order and public decency, and on application of the Police Commissariat, orders may be issued for the purpose of abating a nuisance due to the behavior of prostitutes inhabiting a certain house or street in large numbers.

But the scope of these orders must not exceed what is absolutely required by the actual local conditions.

V. OFFICIAL MEDICAL EXAMINATION OF PROSTITUTES.

§ 28. The official medical examination must include all portions of the body, and involve, if necessary, a use of all the scientific apparatus which has been developed by the progress of medical knowledge, and which is at the disposal of the official physician. The use of the metroscope is particularly recommended.

In addition to making the examination, the physician should also, in each case, inform the women of its purpose, as well as of the nature of the first indications of contagious diseases, and of the danger involved in such diseases, and of the means of preventing infection by observing the proper hygienic precautions.

§ 29. If the official physician finds the prostitute to be infected with a venereal disease, he must without delay send a medical certificate to that effect to the Police Commissariat having jurisdiction in this case. He must warn the prostitute as to the obligations imposed upon her by §§ 22 and 23, and order her to stop having sexual intercourse, simultaneously calling her attention to § 5, item 3, of the Law of May 24, 1885, R. G. Bl. No. 89.

§ 30. The physician must enter the name of any prostitute whom he commits to the hospital in the list of inspections which he is required to keep.

The final hospital diagnosis, which is transmitted to the Police Commissariat after the dismissal of the prostitute from the hospital, must be sent to the physician for entry on his inspection list.

§ 31. Prostitutes who fail to appear for official medical examination, even though such failure occur only once, must immediately be reported to the Police Commissariat, which, unless adequate reasons for the omission are advanced, will at once cause the arraignment of such prostitutes. Such arraignment does not preclude the instituting of penal proceedings against the prostitutes.

Likewise, those prostitutes that do not appear at their official medical examination at the time set, are to be reported to the Police Commissariat in order that penal proceedings may be instituted.

VI. DEPARTURE FROM SUPERVISION.

§ 32. A prostitute desiring to retire from supervision must make personal declaration of such desire to the Commissariat and undergo an official medical examination. If she is found, at this examination, to be afflicted with a venereal disease, she is to be committed to a hospital and her declaration of departure is not to be noted until she has been dismissed from the hospital.

§ 33. A prostitute under supervision who evades supervision without a previous notification of her desire to be dropped from the list, is to be prosecuted at once, unless she is in a position to show that she has led a decent life since ceasing to comply with the supervision.

§ 34. The Police Department must at once be notified of names dropped from supervision; the women’s control-sheets must accompany such notification.

§ 35. Any further surveillance that may be necessary after dropping a prostitute from the lists, must be conducted in accordance with the principles governing the supervision of prostitutes not under control.

VII. SURVEILLANCE OF PROSTITUTES NOT UNDER SUPERVISION.

§ 36. It is incumbent on the Police Commissariats, as well as directly on the Office for Morals Police Affairs, to determine what persons are carrying on prostitution in a commercial manner, without having declared their entrance under supervision.

§ 37. The Imperial Safety Guard, as well as such Imperial Police agents as are not specifically entrusted with surveillance over prostitution, may take steps against women practising prostitution, only when the facts have been established beyond any possibility of doubt, or when there are special reasons for interference, as, for example, § 516 of the Penal Code, § 1 of the Law of May 24, 1885, R. G. Bl. No. 89, or § 11 of the Imperial Ordinance of April 20, 1854, R. G. Bl. No. 96.

§ 38. Only such police officers as are specifically entrusted with the surveillance over prostitution may accost or detain persons merely on suspicion of their practising immorality as a trade, and then only after having repeatedly, in the course of observations held on a number of different days, gathered material of a nature to justify such action.

Other police officers, when merely suspecting the practice of commercial prostitution, will limit themselves to a report of their observations.

§ 39. Special attention is to be paid to the lower class of saloons.

Every legal means must be used in prosecuting the owners of such places as may arouse suspicion by the employment therein of female persons for other tasks than those connected with the sale of liquor. In cases that are clear, the Labor Department must be informed of the facts. Owners of such places must be denied all concessions within the gift of the police, such as the license to keep open after the regular closing hour, or to provide musical entertainment. If they already hold such concessions, the latter are to be canceled.

§ 40. Persons practising prostitution commercially under the cloak of some regular calling are to be kept under the necessary surveillance.

§ 41. Investigation must be made of all complaints against persons suspected of procuring, or of practising prostitution commercially, as well as of all questionable advertisements in the daily press.

§ 42. In each case the investigation must be made with due regard for the reputation of the person suspected, and with a discretion that should be all the greater when the foundation for a penal case is weak.

VIII. TREATMENT OF COMPLAINTS.

§ 43. Complaints made as to any offensive conduct on the part of prostitutes in the streets or in certain houses must be carefully investigated, and measures must be taken for the abatement of such nuisances.

IX. PENALTIES.

(a) _For prostitutes under supervision._

§ 44. The punishment of prostitutes under supervision, for violations of the Police Ordinances governing the surveillance over prostitution, is imposed by the Police Commissariats in accordance with § 5, item 2, of the Law of May 24, 1885, R. G. Bl. No. 89, and with Ministerial Ordinance of September 30, 1857, R. G. Bl. No. 198.

The penalty is detention for a period of from 6 hours to 8 days, depending on a very specific examination of the various circumstances constituting the offence.

§ 45. In the case of insignificant irregularities, particularly in the case of a first offence, prosecution may be omitted after the prostitute has been properly reprimanded.

§ 46. Legal proceedings in accordance with § 5, item 2, of the Law of May 24, 1885, R. G. Bl. No. 89, must not be instituted except when the offence provided for in that section is committed by a prostitute who has been punished several times by the police for a similar offence, in other words, when it is evident, both that the case is one of persistent disregard of police regulations, and that the severity of the penalty imposed by the police is not commensurate with the seriousness of the case. Under these circumstances the imposing of detention for more than eight days, or even commitment to a workhouse or house of correction, is permissible.

Whenever complaints are to be filed with the courts, the exact nature of the offence must be stated, and reasons must be advanced for asking the aid of the courts.

(b) _For prostitutes not under supervision._

§ 47. Cases against prostitutes not under supervision may be tried either by the Police Commissariats or by the Police Department directly.

In connection with every trial, a résumé of the decisions made in each case must be drawn up.

§ 48. No punishment should be imposed on women accused for the first time of, or arrested for the first time for, commercial prostitution, especially when they are still young, even though the facts be beyond doubt, unless such punishment may be required, as a repressive measure, by the manifest depravity of the case.

In all cases in which it may seem not unreasonable to assume that the woman accused has been led into prostitution by circumstances of a temporary and accidental nature only, and that consequently her return to a respectable mode of life might be rendered more difficult by the stigma of a police penalty, no other action must be taken than the applying of such of the charitable provisions of § 5, as are applicable to the particular case.

Such charitable provisions must also be carried out, in the case of a prostitute not under supervision, when she is a minor, against whom a penal action has been instituted.

§ 49. No woman accused of the practice of commercial prostitution may be subjected to the official medical examination until the offence is finally proved.

§ 50. A prostitute found to be afflicted with a venereal disease at the official medical examination, must immediately be taken to the hospital. As a preliminary she must be informed of the rules provided for prostitutes under supervision, in §§ 23 and 24, which rules, under these circumstances, are applicable also to prostitutes not under supervision.

Punishments for infractions of these obligations are to be imposed in accordance with § 5, item 2, of the Law of May 24, 1885, R. G. Bl. No. 89, and in accordance with Ministerial Ordinance of September 30, 1857, R. G. Bl. No. 198.

§ 51. Penalties imposed by the police on persons convicted of the practice of commercial prostitution, must conform to § 5, section 1, or, in the case of persons previously punished for similar offences, to § 5, item 1, of the Law of May 24, 1885, R. G. Bl. No. 89, and to the Ministerial Ordinance of September 30, 1857, R. G. Bl. No. 198.

The provisions of § 46 or of § 44 determine whether proceedings are to be instituted, in accordance with § 5, item 1, of the above law, and also, what is to be the severity of the punishment; yet, in assigning a penalty, the principle must be borne in mind that a prostitute not under supervision is to be treated with greater severity than one who is under supervision.

§ 52. When the police impose a penalty on a prostitute not under supervision, the facts of the case, and, particularly, the amenability of the accused, must be so formulated as to leave no misunderstanding in the mind of the latter, as to the offence imputed to her.

X. JURISDICTION.

(a) _Jurisdiction of the Police Department._

§ 53. The following business is within the jurisdiction of the Office for Morals Police Affairs:

1. The functions conferred on this office in its capacity as headquarters for the surveillance of the white slave traffic, in accordance with the edict of the Department of Police, dated August 12, 1905.

2. All records of general nature concerning prostitutes under supervision, concerning the houses mentioned in §§ 9 and 16, and the mistresses of such houses, concerning prostitutes not under supervision, concerning pimps, and concerning procuring.

3. The instituting of proceedings to determine whether minors, or prostitutes who ply their trade outside of their homes, are to be placed under supervision.

4. Orders to evacuate streets or houses inhabited by prostitutes.

5. Management of such prostitutes not under supervision as may be traced by the officers assigned to the office.

6. Complete control over such trials as may, by reason of their importance, be assigned to the office by the President.

7. Keeping on file the complaints lodged with the Police Department, as well as with the Police Commissariats, as to the behavior of the prostitutes.

8. Supervision of the Commissariats with the object of maintaining a uniform application of the prostitution regulations.

9. Inspection of the punishment and fine books kept by the Commissariats.

10. Examination of the appeals made against the judgments of the Commissariats.

11. Consultations at regular intervals with the officials assigned to report on prostitution.

12. Collecting of material having reference to the regulation of prostitution, and advancing of proposals thereon.

(b) _Jurisdiction of the Police Commissariats._

§ 54. The application of the prostitution regulations, in all matters in which § 53 does not stipulate the exclusive jurisdiction of the Police Department, is incumbent on the Police Commissariats.

The Commissariats must keep records on the following matters:

1. Prostitutes, in their district, under supervision.

2. Dwellings of prostitutes under supervision, who practise prostitution in such dwellings.

3. Mistresses or keepers of such dwellings.

Furthermore, the Police Commissariats must transmit the following material to the Police Department:

(a) Weekly reports of changes occurring in their own districts, in the number of prostitutes,

(b) Complaints as to the behavior of the prostitutes,

(d) The documents provided for in § 47,

(e) After disposing of the cases, the reports of failure to appear for medical examination,

(f) The punishment-books (every month),

(g) The records taken in the inspections of brothels.

Finally, the Commissariats must report any changes in the number of houses mentioned in §§ 9 and 16, as well as in the mistresses of such houses, and they must also report all cases of failure to assign a prostitute to supervision in spite of the fact that the necessary preliminary condition provided in § 2 has been realized.

APPENDIX V DANISH LAW FOR RESISTING PUBLIC IMMORALITY AND VENEREAL INFECTION, CONFIRMED BY HIS MAJESTY KING FREDERICK VIII ON MARCH 30, 1906.

§ 1. Police supervision of commercial immorality is hereby abolished. Police action against persons practising such trade is legitimate when it accords with the conditions, and proceeds in the manner, provided in the legislation on vagrancy (Lovgivningen om Løsgængeri). Yet, the order mentioned in the Law of March 3, 1860, § 2, must not be given unless warning has been previously issued.

§ 2. Anyone who incites or entices to immorality, in such manner, or who displays an immoral mode of life, to such a degree, as to offend the sense of decency, or to become a public nuisance, or to disturb those living in the vicinity, shall be punished by imprisonment, or, under aggravating circumstances, or for a repetition of the offence, by commitment to the penitentiary. If there are extenuating circumstances, the punishment may be commuted to a fine.

The same punishment is provided for any woman who practises immorality as a trade, provided that a male person, or a minor over two years of age, lives in the same dwelling with her, or that she receives visits for immoral purposes from male persons under eighteen years of age.

Any person not previously warned or punished for one of the above offences, may, instead of being punished, be simply warned, by the Police Department; but no warning may be issued if the accused demands sentence by law.

§ 3. The keeping of brothels is prohibited. Anyone violating this prohibition is punished by imprisonment in a house of correction or at hard labor, or by imprisonment on common prison diet. The same punishment is imposed on anyone guilty of procuring. Such persons as may, with the object of pecuniary profit, grant admission to their dwellings, to persons of different sex, in order that vicious practices may there take place, or such as let rooms, not for the purpose of prolonged habitation, but in order to provide an opportunity for immoral practices, or such as admit to their houses female persons under the age of eighteen, who are seeking gain by immoral practices, shall be punished by detention in prison or at hard labor. In the case of a repeated offence, the punishment may be increased to commission to a penitentiary for a period not exceeding two years.

It is forbidden to offer for sale, or to send out circulars concerning, or to exhibit a signboard concerning, any device calculated to prevent the consequences of cohabitation, to the general public, or to individuals not personally known to the seller, or to persons not distinctly specified. Violation of this prohibition is treated and punished in accordance with the rules governing violations of police regulations.

§ 4. The same punishment as that provided in § 181 of the General Civil Penal Code, shall be imposed on any person who, under the circumstances described in the paragraph cited, has carnal intercourse with the person to whom he or she is married, provided, that the latter has thereby contracted an infection, and makes a charge to that effect within one year after acquiring knowledge as to the contraction of the disease.

Anyone guilty of the offence described in § 181 of the General Civil Penal Code, or of the offence described above, must, when the other person, without having previously been informed of the danger of infection, becomes infected, not only indemnify the infected person for the expenses involved in the curative treatment, but must also pay damages to cover the sufferings and losses due to the disease.

§ 5. Persons afflicted with venereal diseases have the right, regardless of whether they are able or not able to defray the expenses of their cure, to demand treatment of such diseases at the public expense. Likewise, such persons are obliged to submit to such public treatment unless they can show that they have already engaged proper medical attention. If such persons are not situated in surroundings of a nature to furnish reasonable assurance that the disease will not be transmitted to other persons, unless such patients are removed, or, if the patients do not comply with orders given to prevent the infection of others, they may be committed to a hospital for treatment. When such steps become necessary, the district judges (in Copenhagen, the Director of Police) shall, with the approval of the Minister of Justices, issue the appropriate orders, and compliance with the obligation thus imposed may be forced by fines, imposed by the authorities cited, and, when such fines are of no avail, by arraignment by the police.

Those permanently in receipt of poor relief, who are found to be afflicted with venereal diseases, are to be committed to a hospital for treatment.

§ 6. Whenever, in the course of the treatment of a disease, or at the termination of such treatment, it is considered necessary, in view of the danger of infection, to keep the patient under constant supervision, he must be ordered by the physician, to present himself to the latter at certain fixed times, or, in lieu of such action, to furnish documentary evidence that another authorized physician has undertaken to treat him. Blanks to be used in issuing such orders may be obtained from the proper City or District Physician.

If the patient violates this order, or if the physician does not desire to treat him any longer, and if, on request to furnish evidence that his treatment has been undertaken by another physician, he neglects to do so, notification of this fact must be sent to the proper Public or Examining Physician, who will then order such patient to report at the Consultation Office, in accordance with the provisions of § 13 below.

§ 7. It is incumbent on every physician who examines or treats a patient for a venereal disease, to call the attention of the latter to the contagious character of the disease, and to the legal consequences of infecting other persons, or exposing them to infection, with the disease, and, particularly, to warn the patient against contracting marriage, while the danger of infection is still present. Blanks for issuing these admonitions may be obtained from the proper City or District Physician.

§ 8. In his weekly reports to the proper City or District Physician, every physician must distinctly state that he has carried out the provisions of the above paragraph, as well as indicate the number of persons to whom he has issued the orders described in § 6.

Violation of the provisions of §§ 6 and 7, and of the first section of this paragraph, shall be punished by fines not exceeding 200 kroner. Any one in these circumstances, who gives a wrong name, business, or address, to the physician treating him, shall be punished in accordance with § 155 of the Penal Code.

§ 9. An infant afflicted with syphilis may not be given to be nursed, to any woman except the mother of the child. Nor may any nurse who knows or thinks she is infected with this disease, accept the child of any other woman to nurse. Violations of these prohibitions shall be punished by imposing the penalty provided in § 181 of the General Civil Penal Code, which also provides that any one convicted of such offence, shall, if the disease be transmitted, not only be obliged to indemnify the person so infected, for the costs of treatment, but shall also have to pay damages for sufferings and losses due to the disease. The same liability for damages shall be incumbent on such person as hands over a child whom he knows or has reason to know to be infected with a venereal disease, to the care of other persons, or who puts out such child to nurse, without having previously informed the foster-parents, or the nurse, of the fact that the child is afflicted, or suspected of being afflicted, with syphilis, and of the danger of infection involved in relations of this nature with such child. To put out such child to nurse is forbidden under any circumstances that would expose other children to infection; violation of this prohibition is punished by applying the provisions of item 2 of the first section of this paragraph.

These provisions are applicable also to such public authorities as put out children to nurse, or assign them to the care of foster-parents.

A child is considered to be suspicious, from the standpoint of syphilis, even though no indications of the disease have put in their appearance, in case either of the parents has contracted syphilis within the past seven years, and three months have not yet elapsed since the birth of the child.

§ 10. Any one accused of one of the offences provided for in § 1, § 2, § 4, or § 9, item 2, or in § 181 of the General Civil Penal Code, may, by his express consent, be subjected, under the auspices of the police, to a medical examination. In case of a refusal to be examined, the court may deliver a verdict, provided the accusation be considered well-founded, ordering the examination to be made without the consent of the accused.

§ 11. The medical examinations provided in § 10 will be held at the place indicated by the police, by the proper City or District Physician, or by a special Examining Physician appointed for the purpose. Compulsory examinations must be conducted, unless this right is expressly waived by the person to be examined, by a physician of the same sex as the latter, provided such can be found in the town itself or within such distance from it as to cause no considerable delay, and provided such physician is willing to conduct examinations of this nature.—Physicians discharging such duties shall either receive an annual salary, to be fixed by the local administration and approved by the Minister of Justice, or, if no such salary shall have been so fixed and approved, they shall be paid for each examination, as follows: For examinations of individuals to be conducted at the same place and time, 4 kroner for the examination of the first such individual, and 1 krone for each individual examined immediately thereafter; in addition they may be reimbursed for any outlay made for their transportation. In towns, such payments are to be made from the town treasury; in the country, from the provincial appropriations fund; and on the Island of Bornholm, from the provincial fund available for both town and country. For drawing up a certificate to indicate whether or not the person examined has been found to be afflicted with a venereal disease, no special payment shall be made to the physician.

§ 12. Likewise, but at times other than those set for the above examinations, Public or Examining Physicians shall examine, and, if it be necessary and feasible, without commitment to a hospital, shall treat any person who applies to them or is referred to them because of venereal infection. No payment may be required or accepted from the patient for such services. Payment shall be made out of the public funds in accordance with the rules followed heretofore.

In Copenhagen there must always be on hand a sufficient number of examining physicians, who are assigned to a daily schedule of attendance at offices in various parts of the city, at times set by the Health Board.

§ 13. Whenever the Public or Examining Physician considers it necessary, in view of the danger of contagion, to order patients to report to him at times to be definitely set by the physician, the latter shall so order, making use of the blanks officially provided for the purpose.

Compliance with this order may be forced by the imposing of fines, by the District Judge (in Copenhagen, by the Director of Police), with the approval of the Minister of Justice, and, should this fail to produce the desired effect, by arraignment by the police.

§ 14. Those committed to a hospital for treatment of venereal diseases at the public expense, shall not leave the hospital until they are discharged by the hospital physician. Violation of this provision is punished by imprisonment on common prison diet for not more than twenty days, or by ordinary imprisonment for not more than one month.

§ 15. The police may prohibit hotel-keepers, inn-keepers, and saloon-keepers from granting shelter, in their establishments, to female persons who have been sentenced for violating § 2 of this law, or from employing such female persons to entertain or serve the guests in such establishments.

Violations of this prohibition shall be punished by fines not exceeding 100 kroner, imprisonment on common prison diet for not more than two months, or imprisonment at hard labor for not more than three months. If the offender has not been previously sentenced or warned for the same offence, a warning by the Police Department may take the place of a sentence. But no warning shall be issued if the accused demands sentence by law.

§ 16. In administering the provisions of this law for imprisonment or penitentiary commitment, the rules set by Chapter II of the General Civil Penal Code, as well as by the Provisional Law of April 1, 1905, shall be followed. Trials for violations treated in § 2, § 6, section 2, § 7, § 8, section 1, § 9, § 14, and § 15, shall be conducted as regular public police trials, but behind closed doors. Fines imposed as a result of these public trials, are added to the police fund; in Copenhagen, to the city treasury.

§ 17. By the term “venereal diseases,” as used in this law, are meant the diseases known to medical science as _syphilis_, _gonorrhœa_, and _ulcus venereum_.

§ 18. This law goes into effect six months after it has been printed in the Law Journal; but the enrolment of immoral women, which has been carried on heretofore in accordance with the Law of April 10, 1874, shall cease at once. Simultaneously §§ 180 and 182 of the Penal Code, and the Law of April 10, 1874, on Measures to Resist the Spread of Venereal Infection, the Law of March 1, 1895, on Changes and Additions in the above Law, the Law of April 11, 1901, on Additions to the two preceding laws, and the Laws of February 11, 1863, § 8, final item, and of February 4, 1874, § 2, section c, together with all rules, regulations, and orders based thereon, are hereby abolished, as such rules, regulations, and orders can no longer be enforced on the basis of the laws in operation before the going into effect of the Law of April 10, 1874.

INDEX

Abolition defined, 286–287.

Amsterdam, 297, 339.

Animierkneipe, 10, 30, 46, 94.

Armies, venereal disease in, 370–379, 393, 394.

Arrests, 161–163, 278–281, 334.

Augagneur V., 361, 379.

Barmaids, 88.

Baumgarten, A., 65, 78, 140, 154, 170, 185.

Berlin, regulation in, 123–129; street conditions in, 157–158; sanitary control in, 206–209, 214–215; compared with Paris and London, 309; regulations, text of, 415–419.

Birmingham, 316–317.

Blaschko, A., 42, 43, 74, 115, 143, 217, 221, 239, 282, 366, 393.

Bloch, I., 4, 5, 49, 120, 179, 205.

Booth, Mrs. B., 83, 88.

Booth, C., 17, 18, 85.

Bordells, definition, 166; prevalence of, 166–167; number and size, 172–174; decay of, 180, 182; effect on street conditions, 192–196; effect on other forms of vice, 196–198; in relation to disease, 256–261; suppression of, in abolition towns, 323–324.

Bremen, regulation in, 129–136; bordells in, 169.

Brothels, 292–295.

Brussels, sanitary control in, 227.

Budapest, regulation in, 131–136; street conditions in, 157–158; bordells in, 187; rendezvous houses in, 200.

Christiania, 324, 328, 329, 331, 379–381, 386–388.

Continence among males, 41–43; wholesomeness of, 50–51.

Coote, W. A., 304, 314.

Copenhagen, 324, 328, 339, 379–388.

Danish law, 296, 346–347; text in full, 445–452.

Degeneracy and prostitution, 67–70.

Denmark, venereal disease in: see Copenhagen.

Denunciation, 353–358.

Dispensary system, 360–361.

Disappearances, 154–155, 234–235, 249–250.

Dresden, regulation in, 133–136.

Dufour, P., 143.

Dutch Law, 296.

Economic pressure, 83–87.

Edinburgh, 318.

Employment agencies, 94–95.

England, venereal disease in, 363–365; 371–377.

Engel-Reimers, J., 247.

Fiaux, L., 23, 25, 35, 77, 111, 139, 143, 144, 155, 181, 186, 190.

Finger, E., 42, 78, 154, 246.

Fosdick, R. B., 269.

Geneva, sanitary control in, 227.

German Empire, venereal disease in, 378–379.

Glasgow, 320–321.

Gonorrhœa, 224, 231–233, 244–245, 250–252.

The Hague, 328, 332.

Hamburg, regulation in, 133–136; bordells in, 168; sanitary control in, 215, 228; text of regulations, 420–428.

Henry, Sir E., 313–314.

Hirschfeld, M., 46.

Hoff, E. M., 330, 353, 382, 389.

Homosexuality, 31–32.

Hospital treatment, 236–238.

Illegitimacy, 81.

Immorality distinguished from prostitution, 16–19.

Italy, abolition legislation in, 349–353.

Johannson, J. E., 20, 37, 51, 202, 219, 235, 236, 279, 332.

Kneeland, G. J., 231.

Krefting, R., 386, 388.

Lépine, Louis, 24, 138–139, 140, 155, 170, 190, 278.

Liquor and prostitution, 45, 98–99.

Liverpool, 315–319.

London, laws, 292, etc.; street and brothel conditions, 302–308; compared with continental cities, 309; police conditions in, 312–314.

Lyons, 158.

Maison de passe, 196.

Manchester, 158, 317, 318.

McNeil, A., 231.

Melville, C. H., 364, 373, 375, 377, 379.

Minors, 77–79, 152–154, 241–243.

Moll, A., 12, 50, 82, 192.

Morals police, 147, 270–273, 281–282, 341–342.

Munich, regulation in, 130, 132; street conditions in, 158–159.

Neisser, A., 241, 246.

Notification of disease, 362–363.

Norway, venereal disease in: see Christiania.

Norwegian law, 295, 343–345.

Parent-Duchatelet, A.-J.-B., 10, 21, 22, 70, 73.

Paris, regulation in, 130–136; street conditions in, 157–158; bordells in, 170, 190; sanitary control in, 211, 226; Hospital St. Lazare, 213; medical examination, 216–218; compared with London, 309; text of regulations, 405, 414.

Pimps, 32–33, 95–97, 336.

Pinkus, F., 81, 83, 230, 234, 238, 244, 251, 257.

Police, 397, 399.

Prostitutes, mortality of, 21–24; number of, 24–28; number of inscribed, 40–46; supply of, 63–88.

Prostitution, cost of, 34–38; complexity of, 39–41, 105–106; definition of, 9–15; fluctuations in, 19–21; forms of, 28–31; involves two parties, 39, 107–109; legal attitude towards, 106, 111–117, 136–142, 288–292; medieval, 5, 6; modern, 6–8.

Prussia, venereal disease in, 368–371, 377–379.

Rescue work, 100.

Regulation, defined, 121–122; decay of, 266–267.

Regulation in various cities: see under names of cities.

Rendezvous houses, 96–98, 200–202.

Riehl process, 90, 185.

Rome, sanitary control in, 227.

Rotterdam, 328, 333.

Santoliquido, R., 352.

Scheven, K., 168, 173, 266.

Schjerning, O. v., 379.

Schmölder, R., 116, 138, 235.

Schneider, C. K., 22, 186.

Schreiber, Adele, 18, 63, 77, 80, 170, 177.

Seduction, 80.

Segregation, 175–179.

Servants and prostitution, 76–77.

Sex education, 52–58.

Souteneur, see Pimp.

Stockholm, regulation in, 134.

Stuttgart, regulation in, 130–136; street conditions in, 58–59.

Supply, sources of, 61–65.

Sweden, venereal disease in, 369.

Syphilis, 223, 250; amount discovered, 228–230; length of treatment, 238.

Venereal disease statistics, 366. (For various countries, see under countries, cities, armies.)

Vienna, regulation in, 132–136; street conditions in, 157–158; bordells in, 171, 188–189; text of regulations, 429–444.

Vigilance societies, 91.

Webb, Sidney and Beatrice, 365.

White, D., 364.

White Slave traffic, 92–94; dependent on bordells, 182–185.

Wolzendorff, K., 142.

Zurich, 324, 333; venereal disease in, 389–391.

Footnote 1:

The following cities were visited: London, Liverpool, Birmingham, Manchester, Glasgow, Edinburgh, Paris, Lyons, Rome, Brussels, Berlin, Hamburg, Dresden, Frankfort-on-Main, Cologne, Hamm, Stuttgart, Munich, The Hague, Amsterdam, Rotterdam, Copenhagen, Stockholm, Christiania, Geneva, Zurich, Vienna, Budapest.

Footnote 2:

This has been conclusively established by the researches of Dr. Iwan Bloch in his great work “_Die Prostitution_,” (Berlin, 1912), one volume of which has already appeared. Dr. Bloch has courteously placed the proof sheets of the second volume at my disposal.

Footnote 3:

The evidence and authorities are exhaustively given by Bloch, _loc. cit._, Vol. I, pp. 685, etc. Constantinople became Islamic in 1453.

Footnote 4:

It looks like a contradiction in terms to speak of known clandestine prostitution. Current usage on the Continent construes “professional prostitute” to mean a woman who has been registered by the police; any prostitute who is not registered is therefore called clandestine. Many of these so-called clandestines are just as notorious as the registered professionals. The clandestine class therefore nowadays contains known, but unregistered women, as well as unknown or not reliably known prostitutes. It is this last named contingent that was insignificant in medieval, and has become so numerous in modern towns.

Footnote 5:

The Animierkneipe is a low grade drinking-resort in which the barmaid drinks with her customer, often in a screened nook or corner, if he can be induced to occupy one.

Footnote 6:

Müller: _Zur Kenntnis der Prostitution in Zürich_. (Zurich, 1911), pp. 11 and 44. Abundant additional illustrations will appear in subsequent chapters, e. g. Chap. III, V, VII, etc.

Footnote 7:

A.-J.-B. Parent-Duchatelet: _De la Prostitution dans la Ville de Paris_. (2 volumes, Paris, 1857) Vol. I, p. 25.

Footnote 8:

Adrien Mithouard in _Rapports au nom de la 2^e Commission sur la Prostitution_, etc. (Conseil Municipal de Paris, 1904) p. 110. A. Moll: _Handbuch der Sexualwissenschaften_ (Leipzig, 1912) p. 354, describes the same type as known in Germany: “To clandestine prostitution are to be reckoned also girls and women of better families who sell themselves in the salons of the pander.” So also S. Leonhard: “Girls and women who live in comparative luxury, who have a calling and a good social position are often prostitutes.” _Die Prostitution_ (Munich, 1912) p. 23; also p. 20.

Footnote 9:

Particularly Chapter VII. It is obvious that there is wide room for error in tracing the source of an infection, but allowance may be made for this without affecting the argument here made.

Footnote 10:

H. Loeb: _Statistiches über Geschlechtskrankheiten in Mannheim. Zeitschrift für Bekämpfung der Geschlechtskrankheiten_ (Leipzig). Band II, pp. 93 etc. Loeb admits a few persons whom my definition would exclude,—viz., mistresses, etc., who ought to be excluded so long as they are attached to one individual. This valuable publication will be referred to henceforth as _Zeitschrift_.

Footnote 11:

Lion & Loeb, _Zeitschrift_ VII, p. 295.

Footnote 12:

F. Bloch: _Die nicht-gewerbsmässige Prostitution_. _Zeitschrift_, Band X, p. 70. Bloch’s patients come from all social classes. In _Zeitschrift_ XII, pp. 314 etc., Oppenheim and Neugebauer deal with the infection of laborers alone.

Footnote 13:

Georges Hébart: _Où se prennent les malades vénériennes?_ Thèse de Paris, 1906, pp. 31–34.

Footnote 14:

_Zeitschrift_, V., p. 286.

Footnote 15:

See, for example, Müller, _loc. cit_., pp. 11–13.

Footnote 16:

Paul Kampffmeyer: _Die Prostitution als soziale Klassenerscheinung_. (Berlin, 1905) p. 26.

Footnote 17:

Charles Booth: _Life and Labor in London_ (final volume, London, 1903) p. 41.

Footnote 18:

Ibid. p. 42.

Footnote 19:

_Statistisches Jahrbuch für das Deutsche Reich_—quoted by J. Marcuse: _Die Beschränkung der Geburtenzahl_ (Munich, 1913) p. 22.

Footnote 20:

Adele Schreiber: _Mutterschaft_ (Munich, 1912) p. 260.

Footnote 21:

_Loc. cit._, p. 44.

Footnote 22:

James Devon: _The Criminal and the Community_ (London and New York, 1912) p. 158.

Footnote 23:

Moll: _loc. cit._, p. 371. Also: Kampffmeyer: _loc. cit._, p. 20.

Footnote 24:

Wohlrabe: _Schäden und Gefahren der sexuellen Unsittlichkeit_ (Leipzig, 1908) pp. 8–10. Fuller accounts have been published by Wittenberg and Hückstädt: _Die geschlechtlich-sittlichen Verhältnisse der evangelischen Landbewohner im Deutschen Reich_ (Leipzig, 1895). These authors are all clergymen and may take too unfavorable a view.

Footnote 25:

_Zeitschrift_, Vol. XI, p. 410. An opinion differing somewhat from that in the text is held by J. Kyrle, _Zeitschrift_ VIII, p. 352.

Footnote 26:

This will appear clearly in the statistics given in Chap. V.

Footnote 27:

_I Reglementeringsfragen_ (Upsala, 1911) p. 63.

Footnote 28:

_Ibid._, p. 49. Carefully compiled tables covering the years, 1870– 1904, are given in Prof. Johansson’s report prepared for the Swedish Commission appointed to study the regulation of prostitution. This report is published in four volumes in the Swedish language (Stockholm, 1910). I shall refer to it as Report Swedish Commission. Prof. Johansson’s researches are contained in Vol. III. For the tables here referred to, see pp. 19–20. In 1900–4, 31.7% of the registered prostitutes were dropped from the police rolls and of these 73.4% engaged in some decent occupation. As this volume goes to press, a new book by Prof. Johansson appears: _Reglementeringen I Stockholm_ (Stockholm, 1913). Table 6, p. 62, shows that of all women enrolled between 1859 and 1884, 36.6% left the life (sent home, obtained decent employment, married, etc.). If this is so often the case with the lowest type, whose emergence has been made difficult, it must be far oftener true of the clandestine not branded by the law. “Everything points to the likelihood that, if in their prostitution period they have succeeded in escaping enrolment, their return to a normal mode of life is much facilitated.” _Ibid._, p. 43.

Footnote 29:

_Loc. cit._, Vol. I, p. 584.

Footnote 30:

Parent-Duchatelet reports (_loc. cit._, p. 582) two contrary opinions as current in his day: Some physicians hold that the prostitute has a constitution of iron (“santé de fer”), others that she dies before thirty. Neither view is sound. Parent-Duchatelet himself is able to trace the subsequent career of 1,680 women out of 5,081 who were stricken from the Paris list during a period of 10 years. They returned to various occupations; probably many of those whom he could not follow up did likewise (_Ibid._, pp. 584–5).

Footnote 31:

Quoted by C. K. Schneider: _Die Prostituierte und die Gesellschaft_ (Leipzig, 1908) p. 187.

Footnote 32:

_Loc. cit._, Vol I, p. 95.

Footnote 33:

_Rapports_, _Conseil municipal_, _loc. cit._, p. 31.

Footnote 34:

_Report_, _Swedish Commission_, Vol III, pp. 105–6.

Footnote 35:

J. Schrank, _Die Prostitution in Wien_, two volumes (Wien, 1886), Vol. II, pp. 220–2.

Footnote 36:

Schneider, _loc. cit._, p. 39.

Footnote 37:

Fiaux, _La Police des Moeurs_ (3 vols. Paris, 1907, 1910) Vol. III, p. 658. M. Fiaux is the most voluminous and indefatigable of European writers on the subject and his works are inexhaustible mines of information and argument.

Footnote 38:

The Lock-Hospital; the term “Lock” has no connection with “lock-up.” Its meaning is obscure.

Footnote 39:

Maurice Gregory, _The European Movement for Abolition_. (Tokyo, Japan, 1912), pp. 44–47.

Footnote 40:

At the proper time subsequently, these occasions are always followed by a perceptible rise in the illegitimacy curve.

Footnote 41:

Louis Fiaux: _La Police des Moeurs_, Vol. I, p. 160.

Footnote 42:

These estimates deal with clandestine prostitution alone, meaning thereby, as I have already pointed out, unofficial prostitution, some of it notorious, some concealed. Official or registered prostitution is too small to be a factor in calculations of this kind.

Footnote 43:

F. Schiller in _Zeitschrift_ II, p. 312.

Footnote 44:

Disturbed local conditions might be assigned as the explanation of this figure; but it is practically repeated in 1880, when the arrests reached 3,544.

Footnote 45:

Gregory, _loc. cit._, p. 46.

Footnote 46:

William Acton, _Prostitution_ (London, 1870) p. 4. Acton quotes also (p. 3) a police estimate of 6,371, for 1839.

Footnote 47:

P. Pollitz: _Die Psychologie des Verbrechers_. (Leipzig, 1909) p. 85.

Footnote 48:

The figures are official; they may be found in various sources, _e. g._, A. Grotjahn, _Soziale Pathologie_ (Berlin, 1912) p. 153.

Footnote 49:

Studies of this point have been made in Paris by O. Commenge: _La Prostitution clandestine à Paris_ (Paris, 1904) Chap. II.

Footnote 50:

_Memorandum on a Social Evil in Glasgow_, published by authority of the Parish Council, October, 1911, p. 43. The Chief Constable in a report to the Magistrates Committee, November 20, 1911, holds this estimate to be a gross exaggeration.

Footnote 51:

Personally communicated by Police Brigadier.

Footnote 52:

Personally communicated by officials.

Footnote 53:

Th. M. Roest Van Limburgh: _In den Strijd tegen de Ontucht_. (Rotterdam, 1910) p. 17.

Footnote 54:

The last named figures are quoted by Moll, _loc. cit._, p. 371. For a discussion as to the probable number of prostitutes in Hamburg, see _Zeitschrift_ IV, p. 183.

Footnote 55:

These bars often advertise “new service weekly.” A statistical return on the waitresses of Berlin shows that 57.2% remained in one place three months or less. Of 1,108 cases examined, 732 had more than six places in one year, 200 more than ten, and 63 more than 20! Henning, _Denkschrift über das Kellnerinnen-Wesen_ (Berlin, no date) pp. 13, 14. See also: A. Meher, _Die geheime und öffentliche Prostitution in Stuttgart_, etc. (Paderborn, 1912) p. 133, etc. See also: _Das Animierkneipenwesen in Frankfurt a. M._ _Zeitschrift_ VIII, p. 59; also, same volume, pp. 70 and 75.

Footnote 56:

See Chapter XI—_The Outcome of European Experience_.

Footnote 57:

The pimp is called “bully” in England, “souteneur,” “Louis” or “Alphonse” in France; “Zuhälter” in Germany.

Footnote 58:

The pimp is said to be less common in Scandinavia than elsewhere: See Hjalmar von Sydow, _Om Soutenörväsendet_ in _Report, Swedish Commission_, Vol. IV, p. 12.

Footnote 59:

See pp. 96–7.

Footnote 60:

$1.25 to $2.50.

Footnote 61:

Schneider: _loc. cit._, p. 32.

Footnote 62:

For a shabby room in Berlin, the author of the “_Diary of a Lost One_” (Berlin, 1905) p. 137, paid 180 marks a month.

Footnote 63:

The subject is more fully discussed in Chapter VI.

Footnote 64:

_Loc. cit._, p. 220. A well-known Berlin resort is capitalized at 1,000,000 marks and has recently declared a dividend of 20%. (_Berliner Tageblatt_, May 2, 1912.)

Footnote 65:

Fiaux, _loc. cit._, I, pp. 215–6, 220–221.

Footnote 66:

$75 to $150.

Footnote 67:

_Report, Swedish Commission_, Vol. III, p. 50.

Footnote 68:

Prof. Johansson calculated that a woman averages one-fourth of a year in hospital, prison, etc.

Footnote 69:

_Ibid._, p. 54.

Footnote 70:

Quoted by Kampffmeyer, _loc. cit._, p. 34.

Footnote 71:

_Statistisches Jahrbuch_ (Berlin, 1910) pp. 242–3.

Footnote 72:

From this statement England is purposely excluded for two reasons: (1) accurate data covering different social classes are not obtainable; (2) family and religious life are so differently organized that there is a very strong presumption that correct living is in certain strata of society distinctly more probable than on the Continent. Organizations like the White Cross Societies and The Alliance of Honor testify to the existence of sound sentiment and promote sound practice. But as to the extent to which continence prevails I have been unable to form a conception.

Footnote 73:

_Zeitschrift_ XI, p. 47.

Footnote 74:

_Zeitschrift_ XI, p. 5.

Footnote 75:

_Zeitschrift_ IX, pp. 66–68. See also pp. 37–65.

Footnote 76:

_Zeitschrift_ IX, p. 411.

Footnote 77:

_Zeitschrift_ XIII, p. 154.

Footnote 78:

Blaschko, in _Zeitschrift_ XIII, p. 104.

Footnote 79:

_Zeitschrift_ XII, p. 34.

Footnote 80:

See Blaschko, _Zeitschrift_ XIII, pp. 154–5.

Footnote 81:

“The incidence of gonorrhea is estimated at over 100%; i. e., on the average, every man has had it. This does not mean that actually every man has had gonorrhea, for if one person has had it six times, that would absolve several others.” F. Pinkus: _Die Verhütung der Geschlechtskrankheiten_ (Freiburg, 1912) p. 21.

Footnote 82:

Bloch, _loc. cit._, Vol. I, pp. 710–712 gives details and authorities.

Footnote 83:

_Zeitschrift_ VIII, p. 4.

Footnote 84:

The rôle of alcohol is described by O. Rosenthal: _Alkoholismus und Prostitution_ (with bibliography) (Berlin, 1905). See also M. Hirschfeld: _Die Gurgel von Berlin_ (Berlin, no date) pp. 43, etc.

Footnote 85:

_Zeitschrift_ XI, pp. 6 and 60.

Footnote 86:

See Iwan Bloch: _Das Sexualleben unserer Zeit_ (Berlin, 1909) p. 91.

Footnote 87:

Moll, _loc. cit._, p. 887. See also pp. 945, etc.

Footnote 88:

Felix Pinkus, _loc. cit._, p. 177.

Footnote 89:

M. von Gruber, _Die Prostitution_ (Wien, 1905) p. 40, etc.

Footnote 90:

_Zeitschrift_ XIII, p. 46; see also III, p. 255.

Footnote 91:

Touton, quoting Troemner’s report at the Dresden Conference, 1911, _Zeitschrift_ XII, p. 412. See also X, p. 211; for the opposite point of view, see _Zeitschrift_ XIII, pp. 82, etc., 92, etc.; also, Max Marcuse, _Das Liebesleben des deutschen Studenten_ (_Sexual-Probleme_ Nov. 1908); also, _Zeitschrift_ XI, pp. 81 and 129.

Footnote 92:

_Zeitschrift_ XIII, p. 70.

Footnote 93:

_Report, Swedish Commission_, Vol. III, _loc. cit._, p. 214.

Footnote 94:

“In this grave matter, so timid and divided is public opinion, that I have to be practically silent, ‘letting I dare not, wait upon I would.’” John Russell, in “_Can the School Prepare for Parenthood?_” (Eugenics Education Society, 1909) p. 4.

Footnote 95:

“_Papers for Boys_,” with a preface by the Archbishop of Canterbury (To be had through the Editor, the Headmaster of Dover College, Dover, for 6d.).

Footnote 96:

Frankfort-on-the-Oder is one of the few places.

Footnote 97:

The so-called “Abiturienten,” who are about to enter the University. Whatever these addresses accomplish, the amount of venereal disease found among Gymnasium students would show that the efforts are too late.

Footnote 98:

It has been objected to physicians that they over-emphasize prophylaxis.

Footnote 99:

Among the German writers who have emphasized this point are F. W. Foerster, _Sexualethik und Sexualpädagogik_ (Munich, 1910), and Julian Marcuse, _Grundzüge einer sexuellen Pädagogik_ (Munich, 1908). The latter says with great vigor: “It were a disastrous blunder to suppose that intellectual enlightenment in reference to matters of sex is alone capable of preventing error and damage; the natural impulse is far too forceful to be mastered by mere knowledge of these things. Nay, helpful knowledge must be accompanied by training of the feelings, discipline of the will, things of infinitely greater importance than sheer enlightenment, both of which are foundations for sexual instruction that must be provided for.” p. 38.

Footnote 100:

“In my judgment, the friends of sexual enlightenment have not yet succeeded in devising a satisfactory way of approaching children.” P. Groebel, _Sexualpädagogik_ (Hamburg, 1909) p. 1. As an example of what is proposed for German schools, see Konrad Hoeller: _Die Sexualfrage und die Schule_ (Leipzig, 1907) pp. 45, etc.

Footnote 101:

Expressly forbidden in Prussia.

Footnote 102:

“I regard it as best to mention the safety devices in school, because I cannot hope that my injunctions to continence will be heeded by all my pupils.” Groebel, _loc. cit._, p. 15.

Footnote 103:

A textbook for use in training teachers to give sex-instruction has recently appeared in Swedish: Julia Kinberg och Alma Sundquist—_Handledning i Sexuell Undervisning och Uppfostran_ (Stockholm, 1910).

Footnote 104:

E. g., pimp, pp. 95, etc.; bordells, chap. VI; alcohol, pp. 98, etc.

Footnote 105:

_Fédération francaise des Sociétés antipornographiques._

Footnote 106:

_Volksbund zur Bekämpfung des Schmutzes in Wort und Bild._

Footnote 107:

In Austria, July 31, 1912; in Bavaria, March 6, 1906, supplemented June 3, 1912; in Prussia, December 28, 1911.

Footnote 108:

The literature on the subject in German is already very extensive. As containing data of all kinds, I may specify the following: Bohn, _Materialien zur Bekämpfung der unsittlichen Literatur—ein kulturgeschichtliches Denkmal für die deutsche Presse_, (Berlin, 1905). _Berichte der ausserdeutschen und deutschen Berichterstatten_, (Congress held at Cologne, 1904) (Berlin, 1905). E. Schultze, _Die Schundliteratur_ (Halle, 1911). A monthly periodical dealing with the problem in all its aspects is issued in Berlin; it is called _Die Hochwacht_, is edited by Professor Karl Brunner and published by the Ulrich Meyer Verlagsbuchhandlung. Summaries of all legislation bearing on the topic are found in: _Bekämpfung der Schundliteratur—Flugschrift der Zentralstelle für Volkswohlfahrt_ (Berlin, 1911). Roeren, _Die Gesetzgebung gegen die unsittliche Literatur in den verschiedenen Ländern_ (Berlin, 1905.) A Blue book on the subject has also been issued by the English government. It is called: _Report from the Joint Select Committee on Lotteries and Indecent Advertisements_ (London, 1908).

Footnote 109:

Some explanation is found in the fact that the statute does not define indecency.

Footnote 110:

For example: Hans Wegener, _Wir jungen Männer_ (Dusseldorf, 1906).

Footnote 111:

Adele Schreiber has calculated that 57% of German women between 20 and 30 years old are unmarried. _Loc. cit._, p. 459.

Footnote 112:

_Loc. cit._, Vol. I, pp. 67–68.

Footnote 113:

G. P. Merrick, _Work Among the Fallen_ (London, 1890) pp. 23–24.

Footnote 114:

_Zeitschrift_ XII, pp. 18, 19. Similar results appear in statistics given by Meher: _Die geheime und öffentliche Prostitution in Stuttgart, Karlsruhe und München_ (Paderborn, 1912) pp. 221–222.

Footnote 115:

Statistics kindly contributed by the Chief of the Sittenpolizei.

Footnote 116:

_Report, Swedish Commission_, Vol. III, _loc. cit._, p. 77.

Footnote 117:

Manuscript communication, based on private investigation.

Footnote 118:

Kellnerinnen.

Footnote 119:

For these figures, I am indebted to the courtesy of the Chief of the Sittenabteilung.

Footnote 120:

F. Pinkus, in _Archiv für Dermatologie u. Syphilis_ CVII 1–3, p. 147.

Footnote 121:

Baumgarten in _Zeitschrift_ IX, p. 135.

Footnote 122:

Figures courteously communicated by the Secretary of the institution.

Footnote 123:

_Ditto._

Footnote 124:

_Ditto._

Footnote 125:

Merrick: _loc. cit._, pp. 25–26.

Footnote 126:

_Report, Swedish Commission_, Vol. III, _loc. cit._, p. 75. Dr. Lindblad, studying 800 hospital cases, reaches the same conclusion. _Ibid._, p. 12.

Footnote 127:

Analyzed by Commenge, _loc. cit._, p. 336.

Footnote 128:

Merrick, _loc. cit._, pp. 49–50.

Footnote 129:

Schiller in _Zeitschrift_ II, p. 304.

Footnote 130:

Statistics quoted by Grotjahn, _loc. cit._, p. 153.

Footnote 131:

Some confidential London statistics name a few music teachers, school teachers, trained nurses, etc. But the percentage is very small.

Footnote 132:

Page 80.

Footnote 133:

Report of the Inspector under the Inebriate Acts, 1879 to 1900, for year 1909 (London, 1911) p. 24.

Footnote 134:

Quoted by P. Pollitz, _Die Psychologie des Verbrechers_ (Leipzig, 1909) p. 89. It must be observed that just as Branthwaite’s high percentage is due to complication with inebriacy, so Bonhöffer’s must be regarded as complicated by criminality. A similar investigation dealing with the tramps and beggars of Breslau has been made by Bonhöffer; see “_Ein Beitrag zur Kenntnis des grosstädtischen Bettel- und Vagabondentums_.” (Berlin, 1900.)

Footnote 135:

Helene F. Stelzner, _Gibt es geborene Prostituierte?_ (Dresden, 1911) p. 9.

Footnote 136:

_Report, Swedish Commission_, Vol. III, p. 10.

Footnote 137:

“_Die Prostitution_,” Vol. I, p. 331. Parent-Duchatelet describes the type excellently: _loc. cit._, Chapter II.

Footnote 138:

_Report_, 1909, _loc. cit._, p. 24.

Footnote 139:

Letters (2 Vols., New York, 1912) Vol. II, p. 532.

Footnote 140:

Private communication.

Footnote 141:

Parent-Duchatelet: _loc. cit._, I, p. 44. Of 6,842 clandestines, two-thirds were born outside the department of the Seine. Commenge, _loc. cit._, p. 304.

Footnote 142:

M. Talmeyr, _Das Ende einer Gesellschaft_ (Berlin, no date) p. 256.

Footnote 143:

_Report, Swedish Commission_, Vol. III, p. 74.

Footnote 144:

_Report, Swedish Commission_, Vol. III, p. 28.

Footnote 145:

_The Prevention of Destitution_ (London, 1912) p. 306 (slightly abridged).

Footnote 146:

_Mitteilungen der deutschen Gesellschaft zur Bekämpfung der Geschlechtskrankheiten_ (Leipzig, 1912) X, 6, p. 129.

Footnote 147:

Münsterberg, _Prostitution und Staat_ (Leipzig, 1911) p. 13. The subject is discussed at length, with bibliography, in _Zeitschrift_ I, pp. 134–162; and III, p. 165.

Footnote 148:

Rosa Kempf, _Die Industriearbeiterin als Mutter_, in Adele Schreiber’s _Mutterschaft_ (Munich, 1912) pp. 230–243.

Footnote 149:

Marcuse, _Beschränkung der Geburtenzahl_, pp. 57–58. The proportional increase looks less startling; the figures were 34.8% of the entire female population in 1882, 38.3% in 1907. For further details, see: Helene Simon, _Der Anteil der Frau an der deutschen Industrie nach den Ergebnissen der Berufszählung von 1907_ (Jena, 1907) also: Robert and Lisbeth Wilbrandt, _Die deutsche Frau im Beruf_. Part IV of “_Handbuch der Frauenbewegung_” (Berlin, 1902).

Footnote 150:

_Zeitschrift_ XII, p. 19.

Footnote 151:

The details are:

124 had lost both parents

147 had lost one parent

20 did not know if parents were living or dead

93 had both parents alive

———

384

_Report, London Female Preventive and Reformatory Institution 1910– 11._ Merrick, _loc. cit._, p. 31 gives additional statistics to the same effect. See also: Othmar Spann,—_Untersuchungen über die uneheliche Bevölkerung in Frankfort—a. M._ (Dresden, 1905).

Footnote 152:

_Report, Swedish Commission_, Vol. III, _loc. cit._, p. 30.

Footnote 153:

Branthwaite, _Report_, 1909, p. 24.

Footnote 154:

Wilbrandt, _loc. cit._, pp. 147, 148.

Footnote 155:

Commenge, _loc. cit._, p. 337.

Footnote 156:

_Report, Swedish Commission_, Vol. III, _loc. cit._, p. 12.

Footnote 157:

It is of course impossible to give an exhaustive account in the text. The living-in system in vogue in English shops affords another example of the demoralizing outcome of the broken or unnatural home. See _Report of the Truck Committee_ (London, 1900) Vol. I, pp. 70, 71.

Footnote 158:

See also Adele Schreiber, _loc. cit._, pp. 243–256.

Footnote 159:

Fiaux, _loc. cit._, Vol. III, p. 608. See also his _L’Intégrité intersexuelle des peuples et les Gouvernements_ (Paris, 1910) p. 206.

Footnote 160:

_Rapport de M. Georges Honnorat_, Chef de la Première Division de la Préfecture de Police, presented to the VIII Congrès national du Patronage, 1910 (pp. 6, 7).

Footnote 161:

Eugène Prévost, _De la Prostitution des Enfants_. (Paris, 1909) p. 215.

Footnote 162:

E. Finger und A. Baumgarten, _Referat über die Regelung der Prostitution in Oesterreich_ (Wien, 1909) p. 88 (abridged).

Footnote 163:

Personal communication from officials.

Footnote 164:

Stelzner, _loc. cit._, p. 8; also Pollitz, _loc. cit._, p. 89.

Footnote 165:

Schiller, _Zeitschrift_ II, p. 309.

Footnote 166:

_Zeitschrift_ XII, pp. 19, 22.

Footnote 167:

T. G. Cree, _The Need of Rescue Work Among Children_. (London, Church Penitentiary Association) p. 3; Merrick’s data on the same subject are given, _loc. cit._, p. 34.

Footnote 168:

_Report of the Chief Constable_ for the year ending December 31, 1909. An even more unfavorable account is contained in the _Memorandum on a Social Evil in Glasgow_ previously referred to. The Chief Constable in reply holds that the memorandum exaggerates.

Footnote 169:

Moll, _loc. cit._, pp. 383–4.

Footnote 170:

Moll, _loc. cit._, p. 390.

Footnote 171:

_Report, Swedish Commission_, Vol. III, _loc. cit._, p. 24.

Footnote 172:

Adele Schreiber, _loc. cit._, pp. 257, 501, etc.

Footnote 173:

_Report, Swedish Commission_, Vol. III, _loc. cit._, p. 79.

Footnote 174:

Pinkus, _Archiv._ _loc. cit._, p. 415.

Footnote 175:

_Report, Swedish Commission_, Vol. III, p. 79.

Footnote 176:

_Report, Swedish Commission_, Vol. III, _loc. cit._, p. 81. See also Moll, _loc. cit._, pp. 393–4.

Footnote 177:

_Loc. cit._, p. 81.

Footnote 178:

_Archiv._ _loc. cit._, p. 149.

Footnote 179:

Lindblad studies his Swedish cases from this point of view; _Report, Swedish Commission_, Vol. III, _loc. cit._, pp. 41, etc.

Footnote 180:

Statement made to me by Miss Maud Bondfield.

Footnote 181:

_Loc. cit._, p. 127.

Footnote 182:

_Loc. cit._, p. 123, with note (2). To the same effect, Hans Ostwald, _Das Berliner Dirnentum_, 8 Abteilung—_Gelegenheitsdirnen_,—among whom he reckons “a great mass of women and girls” more or less occupied as singers, dancers, waitresses, shophands, models, maids, laundresses, nurses, etc.

Footnote 183:

Cadbury, Matheson, & Shann: _Women’s Work and Wages_ (London, 1909) pp. 246, 247.

Footnote 184:

The literature on this topic is abundant. I give by way of illustration a few references to Munich, where the conditions have been well investigated: Dr. Rosa Kempf, _Das Leben der jungen Fabrikmädchen_ (Leipzig, 1911). Dr. Elizabeth Hell, _Jugendliche Schneiderinnen und Näherinnen in München_ (Berlin, 1911). Meher, _loc. cit._, pp. 110–148. Also, _Handbuch der Frauenbewegung_, already mentioned, passim.

Footnote 185:

P. Hirsch, _Verbrechen und Prostitution_ (Berlin, 1907), pp. 101–102.

Footnote 186:

C. E. Collett, _Educated Working Women_ (London, 1902) p. 51. As to conditions in Paris, see _Revue d’Economie Politique_, Aug. 1911.

Footnote 187:

_The German Stage and its Members_, by Dr. Charlotte Engel-Reimers (Leipzig, 1911).

Footnote 188:

Wilbrandt, _loc. cit._, p. 355. The whole section is most valuable.

Footnote 189:

Meher, _loc. cit._, pp. 133, etc. Also: Wilbrandt, _loc. cit._, pp. 272, etc., and the _Denkschrift_ previously cited.

Footnote 190:

_Denkschrift_, p. 12.

Footnote 191:

_Ibid._, p. 12.

Footnote 192:

_Women as Barmaids_ (London, 1905), p. 8.

Footnote 193:

_Ibid._, p. 4.

Footnote 194:

_Ibid._, p. 33.

Footnote 195:

See p. 185.

Footnote 196:

_Reichsgesetzbuch_, sec. 236, 237: _Auswanderergesetz_, sec. 48.

Footnote 197:

E. Wulffen, _Der Sexualverbrecher_ (Berlin, 1910) p. 700.

Footnote 198:

_Criminal Law Amendment Act 1912._ Section 1 provides: A constable may take into custody without a warrant any person whom he shall have good cause to suspect of having committed or of attempting to commit, any offence against section two of the Criminal Law Amendment Act 1885 (which relates to procuration and attempted procuration). Section No. 3. Any male person convicted may, in addition to imprisonment, be sentenced to be once privately whipped, and the number of strokes and the instrument shall be specified by the court. Section No. 7 deals with the “bully.”

Footnote 199:

The most recent discussion of conditions in Germany is by Polizeirat Dr. Robert Heindl in No. 298, _Berliner Tageblatt_. Dr. Heindl proves the following points: (1) White Slave Traffic in innocent German girls into foreign lands is of the utmost rarity. (2) It is even questionable whether German ports are utilized for purposes of transit. (3) No single case of genuine White Slavery has been discovered in Saxony in the last ten years. The General Secretary of the German Evangelical League for the Promotion of Decency endorses these statements. Pastor Bohn, in _Zeitschrift des deutsch-evangelischen Vereins_, etc., July 15, 1913, p. 49.

Footnote 200:

_London County Council: Public Control Department; General Powers Act 1910._ Part V.

Footnote 201:

Up to Oct. 1911, 1,033 applications for license had been made, 1,000 had been granted, 8 refused, 23 withdrawn, 2 adjourned. Report of Public Control Committee.

Footnote 202:

Gesetz, Feb. 5, 1907: _Gewerbsmässige Dienst und Stellenvermittlung_. Sec. 21a.

Footnote 203:

_Verordnung des Handelsministers_, May 7, 1908.

Footnote 204:

Limburg, _loc. cit._, p. 17.

Footnote 205:

Commenge, _loc. cit._, p. 90.

Footnote 206:

_Reports of the Commissioner of the Police of the Metropolis._

Footnote 207:

_Criminal Returns, City of Glasgow Police, 1911._

Footnote 208:

Wulffen, _loc. cit._, p. 282. See also _Zeitschrift_ XII, pp. 6, 7, for statistics of many German cities.

Footnote 209: