HQ UC-NRLF ^B 21 bEb AUG 511 ^92 UNIVERSITY OF PENNSYLVANIA FAMILY DESERTION AND NON-SUPPORT A STUDY OP COURT CASES IN PHILADELPHIA FROM 1916 TO 1920 BY s. Howard' PATTERSON A THESIS PRESENTED TO THE FACULTY OF THE GRADUATE SCHOOL IN PARTIAL FULFILLMENT OF THE REQUIRBMENTS FOR THE DEGREE OF DOCTOR OF PHILOSOPHY IN SOCIOLOGY reprinted from The Journal of Delinquency Sept.-Nov. 1922 Whittier State School Whittier, California 1922 UNIVERSITY OF PENNSYLVANIA FAMILY DESERTION AND NON-SUPPORT A STUDY OF COURT CASES IN PHILADELPHIA FROM 1916 TO 1920 BY S. HOWARD\ PATTERSON .\PA1 A THESIS PRESENTED TO THE FACULTY OF THE GRADUATE SCHOOL IN PARTIAL FULFILLMENT OF THE REQUIREMENTS FOR THE DEGREE OF DOCTOR OF PHILOSOPHY IN SOCIOLOGY Reprinted from The JoLTiNAL OF Delinquency Sept.-Nov. 1922 Whittier State School Whittier, California. 1922 //58 Page VI. Individual Causes 304 1. Inherent and acquired traits. 2. Some psychological implications. 3. Difficulties in the way of a scientific analysis. 4. Desertion not solely the fault of the husband. 5. A classification of individual charges. 6. Negro and white charges compared. 7. Chief charges brought against husbands. 8. Chief charges brought against wives. VII. Types of Deserters 311 VIII. Development of the Legal Machinery 313 1. Status of deserted families under the common law. 2. The Pennsylvania Poor Law of 1836. 3. The Desertion and Non-Support Act of 1867. 4. Later legislation. 5. The possibility of civil procedure. 6. The establishment of the Philadelphia Municipal Court. IX. The Machinery in Operation .....316 1. The change of attitude. 2. The probation system. 3. The process in brief. 4. Adjustments outside the court. 5. Court dispositions. 6. Reconciliations. a. Extent. b. According to nativity. c. Permanency. X. Summary and Conclusions 326 1. Social significance. 2. Amount and fluctuations in the rate. 3. Causes of desertion and non-support. 4. Treatment. XL Bibliography 329 FAMILY DESERTION AND NON-SUPPORT A STUDY t>F COURT CASES IN PHILADELPHIA FROM 1916 TO 1920 S. HOWARD PATTERSON, Ph. D. Assistant Professor of Economics, University of Pennsylvania I. INTRODUCTION. DESERTION, A PATHOLOGICAL JPHASE OP FAMILY LIFE. IL THE AMOUNT OF DESERTION AND NON-SUPPORT IN PHIL- ADELPHIA FROM 1916 TO 1920 AND THE FLUCTUATIONS IN THE RATE. III. THE FACTORS OF RACE, NATIONALITY AND RELIGION. IV. THE SOCIAL AND ECONOMIC ENVIRONMENT. V. CONJUGAL CONDITIONS. VI. INDIVIDUAL CAUSES. VIL TYPES OF DESERTERS. VIII. DEVELOPMENT OF THE LEGAL MACHINERY. IX. THE MACHINERY IN OPERATION. X. SUMMARY AND CONCLUSIONS. XL BIBLIOGRAPHY. L INTRODUCTION. DESERTION, A PATHOLOGICAL PHASE OP FAMILY LIFE The social significance of an unstable or an unhealthy family life is well illustrated in the problem of desertion. In both de- pendency and delinquency the effect is greatly to increase the social debtor classes. Dr. Devine in his Causes of Misery found ten per cent (10%) of the five thousand (5000) cases of dependency which he studied to be those of deserted women. The non-sup- port cases were equivalent to two per cent (2%) of the whole, which would raise the total to twelve per cent (12% ) . /if we eliminate home less men and single women from the total number of cases the role of desertion and non-support would show itse) f in a higher percent- age. /"The increase in the social debtor groups is particularly notice- able in the case of children. The social cost of desertion must be viewed from the standpoint of both society and the child. For the latter it means the absence of a normal home and the non-fulfillment of the larger social functions of the family beyond the mere fact of biological reproduction^ To the state it means an increase in burden of taxation to support these children in institutions or homes. It also brings a serious prob- lem of administration, for the care of dependent children is a vexed social problem. The large part played by desertion is illustrated in the following quotation taken from a report of the vice-chairman of (249) 250 The Journal of Delinquency the Joint Executive Committee of the Children's Bureau of Philadel- phia, which appeared in the Philadelphia City Club Bulletin for Feb- ruary the twelfth, 1913: "We have been able to gather figures of institutional children to the number of eighteen hundred and ninety- one (1,891). Of these five hundred and twenty-two (522) were de- sertion cases. This would mean twenty -seven per cent (27%), but of course if you take all the institutions of Philadelphia this would not be a true proportion, because in the orphanages there is a very small percentage of desertion cases. So [for the ten thousand chil- dren in institutions in this city, and there are over ten thousand (10,000), I think fifteen per cent (15%) would be a fair proportion to charge to desertion cases. If we reckon that these children cost/ two hundred dollars ($200) per capita for each year, which I think is pretty conservative, it makes the bill which the citizens of Phila- delphia are paying for these dependent children, as a result of this one cause of desertion, amount to three hundred thousand dollars ($300,000)." A comparison of this estimate with some more recent ones in other cities will show that it is rather conservative. Again, it must be remembered that this figure represents but one part of the social cost of desertion. Not only are there deserted children in institutions, but also deserted wivQS and children outside institutions and dependent upon outdoor relief. ' It is estimated by the present secretary for the Philadelphia Society for Organizing Charity that about ten per cent (10%) of all their appeals come from the families of deserters. In 1916, out of seven thousand two hundred and twenty (7,220) cases handled by this society seven hundred and thirty-nine (739), or ten per cent (10%), were desertion cases. In 1917, there were six hundred and ninety-two (692) cases out of a total of five thousand one hundred and five (5105) cases or thirteen percent (13%). Desertion plays an important part in the matter of juvenile de- linquency as well as in the matter o f dependency. Sociologists are talk- ing less about the so-called criminal types and more about the effects of the social enviroment. Except for those with a degenerate or psy- chopathic heredity the majority of criminals are made and not born. An unhealthy family life is a very favorable soil. One of the first things which strike even the casual reader of the records of the juvenile Court is the high percentage of cases which come from broken homes. v^The study^ of a number of boys before the Philadelphia Juvenile Court in 1916 showed I hat in two hundred and forty four (244) cases out of Family Desertion and Non- Support 261 a thousand (1,000) the boys had come from homes deserted by one or both parents. This represents a percentage of twenty-two (22. 4 % ) . The study^ of a number of cases in the Misdemeanants Court of Philadelphia in the same year revealed the fact that out of eight hundred and sixty-eight (868) cases, eight (8) women were divorced and seventy-two (72) or nine per cent (9%) were separated from their husbands. To what extent desertion was result rather than a cause of these immoral lives we cannot tell. Another study^ of the conjugal condition of six hundred and twelve (612) cases before the same court in 1919 revealed a greater proportion of broken homes. One hundred and nine (109) women had been married but were not living with their husbands, which represents eighteen per cent (18 % ) . Fifteen (15) were divorced and seventy-two (72) represented com- mon law marriages. In another study^ made in 1916 of the girls and women before the Philadelphia Misdemeanants Court in one hundred and nineteen (119) cases out of eight hundred and sixty eight (868) or thirteen per cent (1S%) and in one hundred and eight (108) cases out of six hundred and ninety-five (695) the reason given by the girls for their misconductv was family trouble. Al- though this is a blanket term and although all the girls may not have told the truth, it does indicate the importance of a stable and healthy family life. One serious aspect of the problem of desertion and non-support is the attitude of society. The care of widows and orphans has been extolled for ages as the duty of all good people. The cause of deserted wives like that of illegitimate children has found fewer champions. Desertion could not formerly have been so serious a problem when there was little mobility of population. The possibilities have increased with the development of better means of transportation and the growth of huge cities in which one family hardly knows its own neighbors. The divorced woman may regain her place in society today and perhaps be granted alimony by the court for her support. The lot of the deserted wife is more precari- ous and pathetic, although her domestic qualities and sometimes her moral virtures may be questioned. Widows may recieve some aid from state pensions with which they can support their children and keep the family together. It is often desirable to keep the mother and children together in desertion cases. The same is often true of illegitimate children, which are frequently placed in 1. See Annual Reports of Philadelphia Municipal Court for 1916 and 1919. 252 The Journal of Delinquency foundling institutions where the rate of infant mortality is high. The state attempts to make the father of the iliigetimate child contribute to its support, although in Philadelphia the court is appealed to by about only one out of every eight mothers of illegiti- mate children. The state fears the extension of its widow pension fund to deserted wives as well as to the mothers of illegitimate children. It does not care to subsidize the process. In Pennsylvania, however, the appropriations for the widows' pension fund is so small that only a comparatively small group can be reached. As but few widows can avail themselves of this state aid, there has never arisen the question of extending it to deserted wives. The possibility of securing support by remarriage is not open to them as it is to widows and widowers. The theory upon which society is going is to compel the deserting husband either to return or to contribute to the support of his family. To what extent we are suc- ceeding will be discussed later. Desertion and non-support however, have been made criminal offences in practically all the states. Although the causes of divorce and desertion may differ, there are many similarities. If any generalization is permitted it may be said that they are similar phenomena in different social strata. Broken family life in the so-called upper social classes frequently results in divorce. In the so-called lower economic and social classes it takes the more simple form of desertion. Indeed, desertion has been called "the poor man's divorce." Broken family life may be easily read in the rising divorce rate. Divorces are a matter of legal record. Thus, writers^ have been able to speak of the three fold velocity of the divorce rate. Desertion, however, is not always a matter of re- cord and its rate is not so easily determined. Nevertheless, we be- lieve that the same set of forces which reflect themselves in divorce appear also in the matter of desertion. Both divorce and desertion are indications of an unstable family life and of the process of ad- justment. Both phenomena appear to an unusual extent in the cities. It is here that the social and economic ties which bind the family to- gether become loosened. Because of the cumbersome legal process necessary, divorce takes considerable time and money. The divorce rate of a given year represents the rate of family rupture of some time past. This is not so true in the matter of desertion. Moreover, the legal grounds for divorce differ widely in the various states and are frequently so technical that the real causes of the shattered f am- 2. See J. P. Lichtenberger : Divorce, a Study in Social Causation. Family Desertion and Non- Support 253 ily life are concealed. This characteristic also is not so true of the records and and procedure in the matter of desertion and non-sup- port Here the legal machinery is more simple and direct although not always effective. Desertion as one of the eleven causes of di- vorce in Pennsylvania is largely a legal ficton. Neither it nor the larger problem of divorce itself virill be directly considered in this study. Much literature has appeared upon the institutions of marriage and the family. Only recently have there been attempted many studies of their pathological phases such as divorce and desertion. This may be attributed to the fact that although divorce is older than the Christ- ian era, its rapid increase is a modern phenomenon. The problem of desertion is almost as old as civilization and we find it mentioned in the famous legal code of Hammurabi, king of ancient Babylon. On the other hand it does not become the pressing social problem of to-day until the great urban development which followed the Industrial Revolution. The literature upon desertion is as scarce as it is recent. The pioneer work was that of Miss Zilpha D. Smith, the general secretary for the organized charities of Boston. This appeared in 1901 and was entitled Deserted Wives and Deserting Husbands: a study of two hundred and thirty four families based on the experience of the district committees and agents of the Associated Charities of Boston. The following year in the annual report of the Philadelphia Society for Organizing Charity there were a dozen pages devoted to the report of a committee appointed to study the local problem of desertion. In 1905 there appeared a study of Five Hundred and Seventyfour Deserters and their Families: a descriptive study of their characteristics and circumstances. . This analysis of Miss Lilian Brandt is unique among most studies of desertion in that it is not local. Organizations from fifteen different states are represented. It was accompaniedby a survey of desertion and non-support laws up to date. In 1916, there appeared a study of desertion for Chicajfo by E. E. Eubank. This excellent work, which was done by the Depart- ment of Public Welfare of the City of Chicago, represents mainly the stock yard section. In 1919 there was published by the Russell Sage Foundation one of the best books in existence upon desertion. This was written by Joanna C. Colcord, superintendent of the Char- ity Organization Society of New York and entitled. Broken Homes: A Study of Family Desertion and its Social Treatment In addition to these works there are reports upon the subject of family desertion 254 The Journal of Delinquency to be found in the proceedings of the National Conference of Charities and Corrections. Private agencies such as the National Conference of Jewish Charities and the National Conferences of Catholic Charities have had the matter under discussion. The same is true of various state conferences upon charities and corrections. In 1911 there was established the National Desertion Bureau with headquarters in New York City. This organization has published several reports upon the subject. There has been no recent general study of the subject of desertion in Philadelphia. Hence this general survey of the local situation rather than the analysis of some one of the many interesting questions that have thrust themselves forward at many points. At the outset it is desirable to make clear in what sense we are using the terms desertion and non-support. There are two possible approaches to the problem of desertion in Philadelphia, one from the cases which come before the organized charities of the city and the other from the cases which come before the municipal court. Because practically all the desertion studies have been made by and from the source material of organized charity, another approach was sought, that of the court cases. It is obvious that these two barometers for the interpretation of desertion and non-support are not separate, but that they frequent- ly overlap. Many of the desertion and non-support cases of organiz- ed charity are brought into court, but many are not. There may be little possibility of compelling the deserting or non-supporting hus- band to resume the obligations of married life. The pauper, diseas- ed or vagrant husband may be regarded as a good riddance. There is little incentive to bring a man into court unless there is some op- portunity of getting financial support. Thus, many relief cases, classified as desertion or non-support never find their way into court. On the other hand, the court cases are not merely confined to "the submerged tenth. '^ It must be pointed out in the beginning that many court cases classified as desertion or non-support would not be so classified by the workers of organized charity using the words in more specialized and restricted senses. Indeed, the legal charge of desertion or non-support may sometimes be used merely as an ex- cuse to get the domestic relations case into court. Other causes may be responsible for the domestic maladjustments which thus find their way into the Domestic Relations Division of the Municipal Court. Technically, the case is one of desertion when either spouse has left the other. It is a non-support case when the husband is living at Family Desertion and Non-Support 255 home, but is not supporting his wife. This study of desertion and non- support refers to those cases which are legally recorded as such when the alleged deserting or non-supporting husbands are brought into court. We have no method of estimating how many casej there are which do not come into court. There are many wives who pre- fer to endure their domestic troubles rather than to suffer the dis- grace or the trouble of bringing their husbands into court. To esti- mate the amount of * 'silent desertion' ' which is never recorded would be merely conjecture. This study has also been largely confin- ed to the five year period from 1916 to 1920 inclusive. Three import- ant factors cut across it and make it both interesting and difficult for the student to draw conclusions. These are the war, national prohibition and the economic situation. Under this last topic may be included the rise and fall of real wages and the changing condi- tions of employment. II. THE AMOUNT OF DESERTION AND NON-SUPPORT The total number of cases in the Domestic Relations Division of the Municipal Court of Philadelphia for the five years from 1916 to 1920 is as follows:, TABLE I. TOTAL NUMBER OF COURT CASES 1916 7337 1917 8201 1918 6949 1919 :..8204 1920 9615 These gross figures are very misleading and need considerable re- finement before we attempt to trace the course of desertion during this period. The large number of cases in 1919 and in 1920 is to be explained by the fact that in 1919 there were transferred a large num- ber of cases from the Court of Quarter Sessions which had handled such matters before the establishment of the Municipal Court. Again, it is necessary to limit ourselves to those cases which are properly desertion and non-support in our sense of the words. Such cases constitute the bulk of those handled by the Court of Domestic Relations and average about nine tenths of the total number of cases. Thus, we exclude the cases of children who are being forced by the courts to support aged parents and limit ourselves to the deserting or ron-supporting spouses and parents. A much greater cutting of the gross figures occurs when we ex- clude the recurrent cases. Many cases are merely reopened and hence may appear several times. Unless we eliminate such old cases 256 The Journal of Delinquency 9616 6201 6204 IZZI 6949 ^ 4167 4104 4066 2656 266£ 1916 inf 1918 1919 1920 Pig. 1. Number of new desertion and non-support cases compared with total number of cases in Philadelphia Court of Domestic Relations. Family Desertion and Non-Support 257 we have duplication and a much greater amount of desertion than is correct. The percentage of recurrent cases averages a little less than half of the total number. The yearly rate is as follows: TABLE II. RATE OP RECURRENCY -_ 1916 46 per cent 1917 46 per cent 1918 42 per cent 1919 18 per cent (Refined Rate: 35 per cent) 1920 52 per cent The rate is fairly constant except for the last two years when the deviation can be explained in terms of the transferred cases. Cases transferred from the Court of Quarter Sessions in 1919 were received and technically listed as new cases although in reality they were very old cases. Hence, the rate of eighteen per cent (18%) in 1919 is misleading. Upon excluding the transferred cases the re- current rate rises to thirty-five per cent (35% ) . The slightly higher rate for recurrent cases in 1920 is also to be explained by the large number of transferred cases in the preceding year. Somber of marriage lloeuses issoad. number of returns made* Hew ooart oases of desertion and non- iBupport* 21,626 20,708 19,896 18,655 18,535 16.334 14.966 14,108 18.619 13,078 Z6&5 4167 9652 4104 4036 1916 1917 1918 1919 1920 Fig* 2. Philadelphia marriage and desertion rates. 258 The Journal of Delinquency ^ Let us limit ourselves to the number of desertion and non-sup- port cases which are properly such and assume that the rate is to be read in the number of new cases only. The refined figures for the period under discussion are now as follows: TABLE III. NEW COURT CASES 1916 3655 1917 4157 1918 3652 1919 4104 1920 4035 Yearly average 3921 I The absolute number of new cases of desertion is not so significant as the ratio to the population or to the marriage rate. Over any long period of time it is perhaps more essential to obtain the ratio to the population than during short periods in which population changes cannot be so great. We have the recent census figures for the city of Philadelphia in 1920 and the older figures for 1910. For each of the five years studied it is impossible to get the exact population of Philadelphia. In order to approximate the population for the intervening years between the two censuses, we shall have to distribute the gain in population between 1910 and 1920 evenly throughout the intervening ten years. Such is the method used by the United States Census Bureau and the Philadelphia Bureau of Vital Statistics. For the period under consideration such a method is somewhat unfair. The war industries, particu- larly the ship building trades, attracted to Philadelphia a consider- able fioating population. Although married men brought their fam- ilies it is fair to assume that in this rather mobile population the pro- portion of adults was somewhat higher than in the general pop- ulation. If the actual population for 1918 was larger than the approximated figures, the ratio will be affected accordingly. Hence, if the rate of desertion to the population shows a decrease in that year it is all the more remarkable. The comparison by years is as follows: TABLE IV. DESERTION RATE COMPARED WITH TOTAL POPULATION Total Population New Desertion Cases 1916 1,709,518 3655 1917 1,735,514 4157 1918 1,761,371 3652 1919 1,787,225 4104 1920 1,823,779 4035 Family Desertion and Non-Support 259 Inasmuch as desertion is a phenomenon of married life the total population is not the fairest base to use in obtaining a proper ratio. Let us eliminate children under sixteen years of age and base the number of desertions not upon the total population, but rather upon the marriageable population. Here we shalHise the following figures prepared for the five years by the Philadelphia Bureau of Vital Statistics by a process similar to that described in the preceding paragraph. 41.W 4S.19 S9.86 4£.17 44.67 Htu^r of 9«opXe aarxled •«oh year p«r otte ti w —a d of total popslatloa of aarrlagcable Oi^* 6.09 9. 07 7.85 8.69 8.21 Iuab«r of hoabando and wires In n«w ooart oaaea or desertion and noa-sapport per one thoossnd of total popalAtlon of aarrlageable age. 1916 1917 1918 1919 19£0 Fig. 3. Desertion and marriage rate in Philadelphia. TABLE V. DESERTION RATE COMPARED POPULATION WITH MARRIAGI Marriageable Pop. New Desertions 1916 1917 1918 1919 1920 902,626 916,276 929,933 943,583 970,424 3655 4157 3652 4104 4035 The result ii that the number of deserted wives and non-sup- porting husbands per one thousand of the marriageable population is as noted in Table VI. 260 The Journal of Delinquency It will be seen that there was an increase in 1917 over 1916 of one whole person. In 1918 there was a decrease of more than one whole person, which is conservative for the reason previously given. In 1919 there is an increase of almost one whole person, followed in 1920 by a drop of almost half a person. TABLE VI. DESERTION RATE PER THOUSAND MARRIAGEABLE POPULATION 1916 8.09 1917 9.07 1918 7.85 1919 8.69 1920 8.31 For the period studied the average annual number of new deserting husbands and deserted wives to one thousand of the marriageable population was between eight and nine (8.4). 1596 loaber of petition* fll^d. 1T9B 102T 1168 1144 £906 1811 Hambar of dlToroas granted 801£ 1906 1916 1917 1918 1919 1920 Fig. 4. Divorce rate in Philadelphia. Tamily Desertion and Non-Support 261 The last Pennsylvania census (1920) showed that in Pennsylvania iifty-eight per cent (58%) of the population of marriageable age were actually married. If we eliminate from the adult population single persons, widows, widowers and divorcees the rate will be correspond- ingly larger. The average yearly number of new deserting husbands and deserted wives becomes over fourteen (14.5) per thousand of the married population. It must be remembered that this represents only the new cases of desertion, and also only those which have come into the court. On the other hand, not all these domestic relation cases classified as desertion and non-support would be so called by relief agencies. Another way of approaching the problem is to base the rate not upon the population, but upon the number of families. The census for 1920 recorded 402,946 families Hving in Philadelphia. If we use this as our base we find that the aver- age annual number of new cases for the period studied was almost ten (9.73) for every thousand families in the city. A comparison of the desertion rate with the marriage rate is even more alarming. In comparing desertion with population we were forced to choose between total population and marriageable or married population as a proper base. In comparing the deser- tion rate with the marriage rate we are forced to make a some- what similar choice regarding our base. Shall we infer the mar- riage rate from the total number of licenses issued or merely from the number of cases in which returns were made? The law speci- fically states that clergymen ofldciating at marriages shall fill out the form provided and return to the Bureau of Vital Statistics. In spite of the best efforts of the director, a large proportion — perhaps one-fourth of the total— never make returns. The number of marriages performed is somewhere between the number of licenses issued and the number of returns made. It is certainly nearer the former than the latter. In order to make our ratio as conservative as possible we shall use as our base the total number of marriage licenses issued. TABLE VII. MARRIAGE RATE IN PHILADELPHIA Total number of Returns made Rate per thousand marriage licenses of population of issued marriageable age 1916 18,655 13,078 41.33 1917 2p,703 18,535 14,108 45.19 1918 13,613 39.86 1919 19,895 14,966 42.17 1920 21,625 15,334 44,57 If we compare the desertion rate with the marriage rate, the pro- 262 The Journal of Delinquency portion is as one to five. The ratio by years of the number of new desertion cases in court to the number of licenses issued gives us the following percentages: TABLE Vm. MARRIAGE AND DESERTION RATES COMPARED Marriage New Deser- Per Cen Licenses tion Cases 1916 18,355 3,655 19.6 1917 20,703 4,157 20.08 1918 18,535 3,652 19.7 1919 19,895 4,107 20.6 1920 21,625 4,035 18.6 S655 1027 4157 36&2 4104 1168 1144 1911 Hufflbar of.dlToroe* granted. 4036 Voab«x of new ooart oases of desertion and non-support. 1906 1916 1917 1918 1919 1920 Fig. 5. Divorce and desertion rates in Philadelphia. Prom the above table it would seem that about one-fifth of the marriages in Philadelphia land in the Court of Domestic Relations. This fact is more alarming because we are including only those cases of desertion and non-support which go through the local courts. It may be objected that all those who are married in Philadelphia do not reside in that city, and on the other hand that all the desertion cases in the Philadelphia Domestic Relation Court do not represent marriages performed in that city. Case records show, however, that the greater proportion of desertion caies represent Philadelphia made marriages. Moreover, there is little reason for assuming that the greater proportion of couples married in Philadelphia, who move Family Desertion and Non-Support 263 elsewhere, enjoy a greater amount of domestic tranquility than in Philadelphia. Although it is frankly admitted that the personnel of Philadelphia's population does not remain the same, nevertheless it is significient enough that the proportion of desertions which occur there to the number of marriages performed there is as one to five. To trace the rise and fall by years of the ratio between the number of desertions and the number of marriage licenses issued would be insignificant. It is obvious that desertions of a given year do not represent the marriages performed in that year. Although the general ratio is important, the yearly rise and fall of the desertion rate must be based upon population in order to get the significant changes. A comparison of the divorce rate in Philadelphia for the five year period with the desertion rate is also interesting. The following table shows the number of suits filed and the number of divorces granted in each year: TABLE IX. DIVORCES IN PHILADELPHIA Suits filed Divorces granted 1916 1,596 1,027 1917 1,720 1,163 1918 1,798 1,144 1919 2,906 1,311 1920 3,012 1,906 1921 2,481 1,947 The number of suits filed showed a sHght, steady increase in 1917 and in 1918 over that of 1916. In 1919 and in 1920 there was a great jump in which the rate almost doubled itself. There was a fall in 1921 although not a return to former levels. In the number of divorces granted there is a somewhat similar slow increase in the earlier years, followed by a later and more rapid increase. The jump in the rate takes place, however, a year later in 1920 and in 21. For the period studied the divorce rate, as read by either barometer, shows an increase. This is at first slow, but rises sharply a year after the close of war. On the other hand, we cannot say that the de- sertion rate as read by the court cases shows any great net increase for this period. Again, the annual fluctuations in the two rates are different. The annual rate of new desertion cases, as we have observed it, shows an alternate annual rise and fall. This will be discussed later. The average annual number of suits filed in the Philadelphia County Courts for this period was two thousand two hundred and six (2,206) 264 The Journal of Delinquency and the average annual number of divorces granted was one thou-* sand three hundred and twenty-one (1,321). On the other hand, the average annual number of new cases of desertion and non- support coming into the Philadelphia Court of Domestic Relations was three thousand nine hundred and twenty-one (3,921). This amount is almost twice as great as average annual number of divorce suits the filed and almost three times as great as the average annual number of divorces granted. A five year period is too short a time to permit any generalization as to whether the desertion and non-support cases coming into the Court of Domestic Relations in Philadelphia are increasing or de- creasing. On the whole the refined rate seems rather constant, as compared for illustration with the increasing divorce rate. Although there is no great net increase in the number of new court desertion cases during the period studied, there are some interesting yearly fluctuations. Both the gross and refined rates in 1917 show a rise over those of 1916. In 1918 there is a decline in both rates. Because of the transfer of cases in 1919 the gross rale is meaning- less. The refined rate in 1919 shows an increase over that of 1918^ which is followed by an almost negligible drop in the following year. Many factors may be cited in attempting to explain these fluctua- tions, although no attempt will be made to measure their relative im- portance. In the first place let us speak of the economic enviroment. Attempts have been made to correlate cycles of business prosperity and depression with the rise and fall of the marriage rate. Attempt- ing to do the same for the Domestic Relations Court cases resembles somewhat the converse of the same proposition. It is interesting to note that the relationship between the marriage rate and the number of court cases in the Domestic Relations Division is not an inverse relation, but a direct relationship except for the last year, where op- posite tendencies are displayed. There does seem to be an inverse relationship between economic prosperity and the rate of desertion and non-support as read by the new cases in the Court of Domestic Relations. There has been a tremendous amount of discussion as to the course of real wages during the war and the period immediately following. The hectic race between prices and wages went upward and then downward within a very short period. There has been much partisan and very little scientific discussion as to the course of real wages in Family Desertion and Non-Support 265 this period. Professor David Friday in Profits, Wages and Prices arrives at the conclusion that real wages have not suffered. In this conclusion he stands almost alone and numerous criticisms have been directed at the method by which his estimates were obtained. Two recent articles point in the other direction and what is more significent for our purposes attempt to show the fluctuations for the particular years. Mr. Abraham Epstein, Director of the Old Age Pension Commission of Pennsylvania, had an article in the May, 1921 issue of the Annals of the American Academy of Political and Social Science entitled Have American Wages Permitted an Ameri- can Standard of Livingi His conclusions as to the fluctuations of real wages for the period are somewhat simular to those of Professor P. H. Douglass of the University of Chicago in an article entitled, The Movement of Real Wages from 1890 to 1918, which appeared in the spring issue of the American Economic Review for 1921. We quote as follows from the latter article: From 1912 to 1916 money wages not only held their own but indeed gained slightly upon prices, but the sudden upward movement of prices in 1916 was accompanied by only a slight increase in wage rates and the result was that in two years the purchasing power of hourly wage declined 27.1 per cent and the purchasing power of full time weekly earnings 26 per cent. Money wage began to gain upon prices in 1918 and in consequence real wages rose in that year over the low water mark of 1917. This analysis may throw some light upon the rise in 1917 and the fall in 1918 of both the new and old cases in the Court of Domestic Relations. Employment was peculiarly easy to obtain in Philadelphia in 1918. It is too early as yet to get any reliable studies of real wages for the last two years, but the industrial depression which began within two years of the armistice must be considered. Although prices were high during the war, employment was plentiful. This was especially true in Philadelphia. The reverse of this situation became true with the shutting down of the local war industries and the development of a period of economic depression. Unemployment was more severe in 1920 than in 1919 and the earlier stages of economic depression were displaying themselves.^ The domestic relations cases show a rise in 1919, but only to about the level of 1917. The new court cases of desertion and non -support in 1920 do not show any increase over those of 1919, but if anything, a slight decrease. The pos- 3. See The Crisis of 1920 in the United States by W. M. Persons in the American Economic Review Supplement, March 1922. 266 The Journal of Delinquency sible effect of the advent of national prohibition in this year will be discussed later. In conclusion, it may be said that our study does seem to show some correlation between economic conditions and the rate of desertion and non-support. The connection is not close because the annual fluctuations of the desertion rate are not very great. Moreover, the last year (1920) does not show the increase which would be ex- pected. Again, the period is not only very short, but it is crossed by other important factors. Finally, it must be remembered in what sense we are using the term desertion. We are reading the deser- tion rate in the annual number of new cases listed as desertion and non-support in the Domestic Relations Court. This must be remem- bered when the above results are compared with the other studies mentioned in the following paragraphs. It goes without saying that a certain allowance must be made in point of time. Cases are not brought into court immediately, and this "spread" must be considered. ^ Studies made in other places and at other times from the appeals to organized charity do not show such a correlation. The Boston in- restigation of 3901 made by Miss A. D. Smith did not show such a re- sult. E. E. Eubank's study in Chicago also showed just the reverse. We quote the latter as follows: During the winter of 1914-1915 Chicago, in company with the other cities of the United States, passed through the severest condition of unemployment of more than two decades. The strain upon her public and private charities was the most exacting that they have ever experienced. Yet the percentage of applications for relief from deserted families was much less than in nor- mal years. There was an increase of thirty-five per cent in the number of cases aided and an actual decrease of ten per cent in the percent- age of desertion cases. The secretary of Society for Organizing Charity in the city of Philadelphia asserts that the percentage of de- sertion cases aided in this city has been remarkably constant. Mr. Max Herzberg, Secretary of the United Hebrew Charities of Philadelphia wrote as follows in the Philadelphia City Club Bulletin of February twelfth, 1913: Poverty enters very little into the question of family desertion. In other words men do not desert their wives because of industrial conditions; they very rarely desert them because of unemployment. I have taken the trouble for a number of years to gather some statistics on the question of causes of desertion, and particularly with reference to the question of desertion in so called periods of industrial crisis; and taking the last five or six years (prior to 1913) as a criterion and statistics of the years prior to that will prove the Family Desertion and Non-Support 267 6ame thing. I find that in 1906 seventeen and one-half per cent of all the cases which came to our attention were due to lack of employment or insuf- ficient work, and twelve per cent were cases of desertion. In 1907, when times were getting worse, the cases of application for relief were nineteen per cent for lack of employment, and only nine per cent were cases of family desertion. In 1908 which was almost the high water mark of the panic we had^forty per cent of the applications due to industrial conditions, and only nine per cent were due to family desertion. In 1919, a year in which we all had a hard time to cope with conditions, fifty per cent of our applications were due to employment, and only six per cent were due to family desertion. During this five year period thewar played an important part, how important it is difficult to determine. During the year 1917 war was declared and this early period was the time when most of the volun- tary enlistments tcok place. Assuming an equal amout of patriotism upon the part of all heads of families, those who held family responsibilities most seriously were more apt to inhibit their tenden- cies to enlist. It will be remembered that our desertion rate rose in 1917, fell in 1918 and rose again in 1919. In 1918 the selective service metnod was operating more smoothly and married men with children were placed in deferred classifications. In 1919 there took place the demobilization of tho greater part our army. This was a very impor- tant factor because it concerned several millions of men, practically all of whom were of marriageable age. Making soldiers of citizens was a great process of adjustment. An equally difficult process of adjustment was the return of a large portion of our male population from the camp life to the home life. To what extent did military service in the Great Adventure stimulate the wanderlust and unfit husbands for the humdrum routine of domesticity? Attachments, perhaps of a clandestine sort, may have been formed in other sections of the country. Complete figures are lacking, but the records of the Red Cross and the various societies for organizing charity present numerous cases of ex-service men who attempted to shun the resumption of domestic ties or who found a return to the responsibili- ties of married life undesirable. However, it is easy to over-esti- mate this influence and conviction can only be secured by proof that the number of cases of desertion and non-support among ex-service men is greater than among the total married population of the military age. The breakdown of the possible correlation between the rate of de- sertion and general economic conditions during the last year of our study (1920) might be eagerly seized upon by the friends of prohibition. Unfortunately, we cannot accept such a simple explanation. How far, if at all, was the advent of national prohibition responsible for 268 The Journal of Delinquency TABLE X. CHARGE OF ALCOHOLISM 1919 No, Per cent of total charges No. January 118 13.7 26* February 92 12.7 15 March 84 10.9 28 April 109 12.5 40 May 111 13.3 42 June 106 11.4 50 July 64* 7.8 62 Au^st 45 6.0 64 September 58 7.0 70 October 52 7.0 73 November 43 7.6 57 December 32 5.4 56 ♦July 1919 — Advent of War Legislation, ment in force. 1920 Per cent of total charges 3.8 2.9 3.6 5.7 6.0 6.3 6.9 7.3 8.5 8.6 8.0 8.6 January 1920 — National Amend- Fig. 6. Drunkenness as a causal factor in desertion and non-support cases (expressed by months in 1919, 1920 and 1921 in terms of percentages of total factors). Family Desertion and Non- Support 269 the decline in the number of domestic relations cases in 1920 in spite of the less prosperous economic conditions of that year? An answer favorable to prohibition misfht be made if it were not for a study of the charges brought against deserting and non-supporting husbands. In the early months of prohibition the charges of alcoliolism gradually decline, only to rise again, however, in 1920. The accom- panying chart shows the almost steady drop from July 1919* to February, 1920, after which time there is a gradual rise again un- til October, not reaching, however, the former high level. The total number of times alcoholism is mentioned as acharge against husbands is as follows for the years of 1919 and 1920. Later an attempt will be made to analyse this charge of "alcoholism.** III. THE FACTORS OF RACE, NATIONALITY AND RELIGION Let us pass now from a survey of the amount of desertion and non- support in Philadelphia to a study of the causal factors. It must again be emphasized that our study is confined to the court cases and that it is impossible to generaHze in our conclusions. A common method of classifying causes is into environmental and individual. Although such a scheme is overlapping, it affords a good method of approach. We shall consider first the factors of race and nationality, second the social and economic environment from which the court cases come, third the importance of conjugal conditions and fourth the individual charges. Before considering the above factors a word of caution is neces- sary. Desertion is a phenomenon of broken family life in the so- called lower economic and social classes. Divorce is its counterpart in other social and economic groups. A great proportion of the negro population is to be found in the social classes furnishing deser- tion and non-support, rather than in those which furnish divorce. Hence, a high rate of desertion and non-support among the negroes is to be discounted accordingly. The same is true to a less extent of the immigrant The importance of such discounting has been pointed out in studies of pauperism. In 1917, for illustration, the Philadei* phia Society for Organizing Charity had three hundred and three (303) colored applicants as against one thousand two hundred and two (1,202) native American whites, making a ratio of one to four. The ratio for the population of the entire city for these groups in the same year was as one to fourteen. It is hardly fair to say that the rate of pauperism of the negroes for that year v^as from three to 4. See Annual Report of Municipal Court for 1920. 270 The Journal of Delinquency four times as great as that of the native white groups. The negroes live for the most part in those social and economic groups which furnish most of the pauperism. TABLE XI. DESERTION AND NON-SUPPORT A CCORDI NG TO RACE AND NATIONALITY^ Per Cents Per Cents Per Cents 1916 1917 1918 Court Entire Court Entire Court Entire Nativity Cases City Cases City Cases City Native white 60. 69. 60. 70. 58.7 61.5 Colored 10. &.5 9. 5. 15.7 5.6 Foreign white 30. 24.7 31. 25. 24.5 32.9 Countries represented Russia 10. 5.85 9. 6. 8.8 11.8 Great Britain 8. 8.64 8. 9. 4.4 6.8 Germany 3. 3.96 4. 4. 2.8 3.8 Austria 2. 1.28 ■ 1. 1. 2. 2.7 Hungary 1. 0.8 1. 1. Italy 4. 2.92 4. 3. 3.7 5.3 Scandinavia 0.4 0.3 0.6 0.3 0.3 0.5 All others 1.6 .... .... .... The two columns of figures for each of the three years and for each of the nationalities represented are percentages. The first column under each year represents the percentage of cases which that group furnishes to the court in com- parison with the total number of court cases. The second column for each year represents the percentage which the same national group is of the total city population. In the year 1918 the base used is not the entire population, but the population over fifteen years of age. The results are very interesting. Let us dispose first of the negro group. Here we may say rather definitely that colored fami- lies furnish an amount of desertion entirely out of proportion to their percentage of the total population. In 1916 and 1917 colored fami- ^ lies furnished about ten per cent (10%) of all the court cases in de- sertion and non-support, while their proportion of the whole city's population was but about five per cent (5%). In another study made in 1919, out of the twelve hundred cases studied, the percent- age of negro families rose to thirteen and two tenths per cent (13.2%). Although in the winter of 1918 to 1919 there was a considerable negro migration to Philadelphia and other northern cities it seems hardly sufficient to explain such a rise in the colored rate for those 5. Table XI represents between five and six thousand cases. It is a compilation of the tables found in the Annual Report of the Philadelphia Municipal Courts for 1916, p. 174, 1917, p. 52, and 1918, p. 54. family Desertion and Non- Support 271 two years. In 1918 the comparison made is not to the total popula- tion but to the total population above the age of fifteen years. While the colored desertion cases for that year (as judged from the twelve hundred families studied) furnished fifteen and seven tenths percent (15.7%) of the total number of cases, the percentage of adult negroes in the entire cityiwas estimated at five and six tenths per cent (5. 6 %). Although the negro migration to the northern cities during the war makes such a percentage rather low, it cannot entirely explain away such an increase. Looking back over the period studied we may say that the number of desertion and non-support cases in Philadelphia was twice as great as the negro population would warrant. The case is not so clear with regard to the foreign born population. At one time it was thought and taught that the immigrant furnished an undue amount of crime. It was observed that the percentage of foreign born in the prision population was in excess of the foreign born in the total population. Finally, one student pointed out that the total population was not the proper base. Both the prison and the immigrant population furnish a remarkably high proportion of males of the so-called criminal age. Basing the proportion, not upon the total population, but upon the population exclusive of old people and children a different result was obtained. If the base is restricted still further to the male population between those ages, the criminality of the immigrant will shrink still further. The study of desertion in Philadelphia presents a somewhat similar problem. For the cases studied in 1916 and in 1917 the base used was the entire population. While the native whites furnished sixty per cent (60% ) of the court cases studied, their percentage of the entire population was about seventy per cent (70%). While the foreign born percentage of the court cases studied was about thirty per cent (30%), the percentage of foreign born in our entire city population was only about twenty -five per cent (25%). In the studies made in both years there was an excess of five per cent (5%) in the foreign born in the court cases as against their proportion in the entire popu- lation. If we refine the population by the exclusion of children, and make this the basis of our comparison, a different result is reached. This was done in a study of twelve hundred cases in the year of 1918. While the native whites furnished over fifty-eight per cent (58% ) of the court cases their percentage of the adult popu- lation was sixty-one per cent (61%). The difference has been cut down to almost equahty. In the case of the foreign born the differ- 272 The Journal of Delinquency ence is more remarkable. The foreign born furnished about thirty- three percent (33%) of the adult population of the city, but only a little over twenty-four per cent (24%) of the court cases. The dis- crepancy in the figures is explained by the high proportion of negro desertion figures for that year. A study of twelve hundred cases in the year 1919 gives further evidence of the same sort. Here the percentage of native whites in the court is considerably under their ratio to the entire population, but only slightly under their ratio to the adult population. The foreign born show a proportion of court cases in excess of their ratio to the entire population, but not of the adult population. Assuming that the latter is the proper basis of com- parison, we may say that the foreign born of Philadelphia have not furnished an undue proportion of cases of desertion. A comparison of the various nationalities represented in the previ- ous table is almost impossible. At first glance it would appear that that there is relatively less desertion, as read by these court cases, among some national groups than among others. A closer study, however, will show the danger of such a generalization. It may well be that the immigrants from Great Britain and Germany are furnish- ing the Philadelphia Court of Domestic Relations with comparatively fewer cases than the more recent immigration groups from east- ern and southern Europe, but the case cannot be proven from the material at hand. It has been claimed that mixed marriages are frequently disas- trous. These are of two types, one inwhich the parties are of differ- ent nationalities and the other where the parties are of different re- ligious faiths. Unfortunately, we do not knowfrom this study what proportion of marriages represent different nationalities, nor where the proportion of marital failures are relatively the highest. Although the number of native born and foreign born marriages is rather high, these do not necessarily represent different national groups, although one party may have been born in the new country and the other in the old country. Indeed, among some immigrant groups in America, it is alleged that the policy of getting a wife from the home country is rather popular. Considerable residence in America is regarded as unfitting a girl for submissive domesticity. The extent and effects upon family life of immigrant marriages within different national groups and with the native born would make a very interesting study. Another element of interest is length of residence in the new Family Desertion and Non-Support 273 country. The study of a thousand court cases was made in 1916 and shows the following: TABLE XII. LENGTH OF RESIDENCE OF LITIGANTS^ Length of Residence in the United States Husband Wife Tx)tal- — Under one year 1 3 4 One year 2 5 7 Two years 16 21 37 Three years 38 46 84 Four years 40 45 85 Five years 31 36 67 Six to ten years 213 26 239 Eleven to twenty years 341 327 668 Over twenty years 288 241 592 Unknown 130 120 250 Our problem does not appear among the foreign born until after the first couple of years in America, when the rate rises rather sharply. This would appear easy of explanation. It may be that tne immigrant husbands and wives are apt to cling closer to each other amid the strangeness of the new world. It is certainly true that their ignorance of the law and the mechanism of the courts and justice tends, especially at first, to keep their domestic diflftculties out of the courts. A more significant feature of the above study is that the rate of court cases does not show the same steady rate of decline for the mature years of married life as would be shown in a similar study of cases taken from total population. After the process of ad- justment in the new world has been begun, new problems appear. Strange and diflftcult living conditions appear. Immigrants are crowd- ed into the congested quarter of the city. Housing conditions are such that several families must live together. The problem of the lodger threatens the family life, for among the immigrants there is an excess of unmarried men. The remarkable thing is that the fam- ily life of these immigrant peasants endures so well the process of urbanization in America. It may well be that the situation is more serious than the proportion of court cases would indicate, because of the reluctance of the immigrant to use the machinery of the law. Another important factor besides that of nativity is religion. Its significance may be glimpsed by seeing the overwhelming proportion of marriages which are sanctified by some sort of religious service. The following studies were made of several thousand court cases to ascertain the type of marriage ceremony which was used. There 6. See Annual Report of Philadelphia Municipal Court for 1916. p. 175. 274 The Journal of Delinquency is no reason for supposing that the high proportion of religious marriages is something peculiar to desertion cases. The following figures are given merely to show the close relationship, at least formal, between religion and the marrage tie. TABLE XIII. TYPES OF MARRIAGE CEREMONY^ 1917 1919 Total Per cent Civil 97 57 154 Less than 7 Religious 1047 1080 2127 More than 90 Common law 35 27 62 Less than 3 Total 1179 1164 2343 In our survey of the religions represented, we will restrict our- selves to the three most important groups in America, the Catholic, Protestant and Jewish. Minor sects like the Greek Catholic exist in Philadelphia, but are of small numerical importance. The following studies of Domestic Relations Court cases coyer over six thousand cases. TABLE XIV. RELIGIOUS AFFILIATIONS 1916 1917 1918 1919 total Per cent Protestant 1,135 483 564 504 2,686 : ,, 42.8 Catholic 1,095 382 321 355 2,153 34.3 Mixed (C & P) 409 Jewish 263 153 168 144 874 13.9 95 93 . 119 570 , . 9. r Total 2,902 1,113 1,146 1,122 6,283 The church census for 1916 reports over four hundred thousand (400,000) Roman Catholics and over three hundred thousand (300,000) Protestants in Philadelphia. This represents a proportion of about three Protestants to four Catholics in Philadelphia. This is just the reverse of the court cases, which show a similar excess of Protes- tants. This result is very interesting in view of the position of the Roman Catholic church upon divorce and the family. There are critir cisms of this result which in fairness must be mentioned. It is claimed that the church census figures are not fair or typical because of the great numbers of Protestants who are unchurched, that is are not listed as members of any congregation. If they wereincluded irr the general population of the city, the number of Protestant court cases would not show any such excessive proportion. Moreover, we have seen that the rate for the negroes is rather high and this group is predominatingly Protestant. On the other hand, if the appeals to organized charity are at all typical of the total population, or better still of the population groups represented in the Domestic Relations 7. See Anual Report for 1917, p. 82. F" Distinct sex factors 2 185 2 180 1 220 (Sqlp 4 294 dg^ Other women 161 155 207 ^ — ^ . . Other men 102 96 159 Incompatibility 20 21 18 64 64 68 Jealousy 20 21 18 39 36 57 Venereal diseases 13 14 9 8 9 5 Sex excess 10 11 3 1 1 Adultery- 10 8 9 25 27 io Sex perversion 10 7 .... .... .... Enforced prostitution 1 3 .... Illegitmate children 1 1 4 2 16 Economic issues TO 66 107 170 169 170 Stinginess 36 S3 62 1 1 .... Gambling 20 19 26 1 1 5 Economic incompetency 11 11 17 .... Step children 2 2 1 11 11 16 Extravagance 1 1 1 29 29 26 Domestic incompetency 128 127 129 Mental and physical troubles 9 "9 "l 46 49 21 Marked mental peculiarities 6 6 6 29 31 11 Physical disability 3 3 1 17 18 10 by the social workers of the Philadelphia Municipal Court to show the comparative weight of the different factors in causing domestic difficulties. It is expressed not in percentages but per thousand. It 20 See Annual Report for 1916, p. 202. 308 The Journal of Delinquency attempts to illustrate the numerical importance of the different charges as compared with each other, first of husbands, white and colored, and then among the wives, white and colored. It takes the form of wives' charges against their husbands and husbands' charges against their wives. It goes without saying that it affords no basis for comparing quantitatively the part played by wives with the part played by husbands in wrecking the home life. The table attempts to classify the causal factors into four groups, i.e., temperamental traits, alcoholism and narcotics, distinct sex factors, economic issues and mental and physical troubles. Such a classification is interesting but somewhat misleading. Under temperamental traits religious difficulties and abusive treatment find common classification, while alcoholism as a causal factor is separated from the latter cause. Can alcoholism, if the lerm is used correctly, and the use of narcotics be separated from mental and perhaps physical defects? Should jeal- ousy and veneral diseases be grouped together under distinct sex f ac- tors "^ Any classification would immediately lay itself open to similar criticism. To speak quantitatively of the causes of desertion and non-support in terms of temperamental traits or of economic issues is impossible. All that we can do is to note the frequent recurrence of certain particular causes and the frequent association of a number of them. There are interesting comparisons in alleged causes of desertion and non -support among the negro as compared with the white popu- lation, as inferred from the table for 1916. The data are suggestive, but not sufficient to warrant any conclusions. In the first place, the numerical importance of the various causes shows a greater similarity for the negroes and whites of the same sex than for husbands and wives of the same color. Indeed, the similarities of the two sets of causes among the negro and white population impress the casual reader as greater than the dissimilarities. If the chief causes are listed in order of their numerical importance for husbands of both color and for wives of both color there will not be observed any great disparity in the two sets of causes. Great contributory causes among the men such as abusive treatment, abusive language and alcoholism correspond roughly as does domestic incompetency among the wives, which is a frequent charge of the men. The problem of the mother-in -law does not seem to be regarded as so serious a menace to the domestic happiness of the colored population as with the white. Other men and other women are given as causes more Family Desertion and Non-Support 309 frequently by negroes and the problem of the illegitimate child is more common. Other distinct sex factors seem to play as small a part in domestic difficulties among the negroes as among the white families. In the study of twelve hundred desertion cases in both 1917 and 1918 the charges of the men and the charges of the women are listed separarately. These are divided into first, second and third causes. There is a total to show how many times each cause is mentioned. For both years there is a close correspondence in the two sets of causes. The charges brought by the wives against their husbands in the two years may be listed thus in order of their numerical importance as follows: TABLE XXXIII. CHIEF CHARGES PREFERRED BY WIVES** 1917 1918 1. Alcoholism 1. Abusive treatment 2. Abusive treatment 2. Alcoholism 3. Abusive language 3. Other men and women 4. Other women 4. Abusive language 5. Laziness 5. Stinginess 6. Quarreling 6. Drugs 7. Economic incompetency 7. Incompatibility 8. In-laws 8. Laziness 9. Stinginess 9. In-laws 10. Gambling 10. Gambling 11. Incompatibility 11. Religious differences Although the order of numerical importance differs somewhat, the chief causes appear in both lists with the exception of two factors in each. Abusive treatment, abusive language, alcoholism and other women head the lists. Turning next to the causes of domestic difficulties as seen by the husbands themselves, the story assumes a somewhat different form. The charges most frequently given by the men against their wives appear in the following order for the two years. TABLE XXXIV. CHIEF COUNTER CHARGES PREFERRED BY HUSBANDS^ 1917 1918 1. In-laws 1. Other men and women 2. Other men 2. In-laws 3. Quarreling and nagging 3. Drugs 4. Domestic incompetency 4. Economic and domestic 5. Alcoholism incompetency 6. Abusive language 5. Alcoholism 7. Incompatibility 6. Religious differences 8. Adultery 7. Step and illegitimate children 9. Extravagance 8. Abusive language 10. Jealousy 9. Extravagance 10. Incompatibility 21. See Annual Report for 1917, p. 86, and for 1918, p. 22. Annual Report for 1917, p. 87, and for 1918, p. 99. 310 The Journal of Delinquency There will be seen a close correspondence for the two years in the causes of domestic difficulties as seen by the husbands, although the correlation is not so close as in that given by the wives. A number of the charges made by wives reappear as counter charges made by husbands. Thus, alcoholism is present although it takes a lower place in the list of factors. Although abusive treatment is missing, abusive language is present. Tongue lashing apparently takes the place of physical abuse. The same blanket term of incompatibility appears with men as with women. The laziness and economic incom- petency of the husbands is paralleled by the domestic incompetency of the wives. The factor of parents-in-law appears in both the charges of the men and women, but it occupies a more important place in the former. Other men as a factor take a higher place in the list of charges brought by men than other women does in the list of charges brought by wives against their husbands. This prob- ably does not mean that sexual offenses are more common upon the part of wives than upon the part of husbands, but rather that they are regarded as more serious. A gain, the mere prepontlerance of oth- er charges brought by wives may often be sufficient to push this charge into the background. Finally, the dual standard of morality must be considered. A study of the causal factors in the first twelve hundred cases in the Domestic Relations Court in 1919 shows the following charges mentioned the following number of times by the wives and husbands: Abusive treatment 441 — Alcoholism 370 Desertion 307 ~ Other women 260 ^Incompatibility 179 Abusive language 139 Bad company 106 In-laws 96 Gambling 74 Money quarrels 53 Jealousy 34 Stinginess 33 "—Venereal diseases 27 Neglect 26 Mental peculiarities 21 Refusal to make a home 20 — Sex excess 17 Neglect or abuse of children.... 16 Step or illegitimate children 13 — Sex perversion 5 Economic or domestic incompetence 3 Refused intercourse 2 Extravagance 1 Tamily Desertion and Non-Support Sll VII. TYPES OF DESERTERS . Numerous attempts have been made to classify deserters into va- Tious types. Such classifications, like those of causes, are somewhat arbitrary. Nevertheless, they shed some light upon the factors at work in creating the problem which desertion presents. The Phila- delphia Society for Organizing Charity in its annual report for 1902 recognized five principal types of deserters, as follows, — the chronic deserter, the reclaimable deserter, the spurious deserter, the half- ex- cusable deserter and finally what was termad the un-get-at-able de* serter. It attempted to show how the desertion habit could be form- ed gradually after several ofi^enses. Social workers are not surprised to find upon the investigation of a given case, which has just been reported, that desertion had occured upon a number of previous oc- casions. On the other hand, the desertion may be the result of a certain quarrel or of a series of misfortunes. In the case of families seeking aid, desertion may often be feigned in order to secure char- ity. The wife and family may be responsible parties in an attempt of the husband to shift his financial responsibilities upon the com- munity. The existence of this type of desertion necessitates careful case study upon the part of the social worker. Our review of the in- dividual causes of desertion attempted to show that frequently the blame for the broken home must be shared by both the husband and the wife. When the report speaks of "half -excusable' ' deserters, it has reference to the wives' sins of ommission or of commission. The ^'un-get-at-able" deserter is an illustration of the diflficulty of appre- hending the deserter or of enforcing the order which the court has seen fit to grant. Perhaps a more workable classification has been made by E. E. Eubank in his study of desertion in Chicago. This also is five- fold, as follows: the spurious deserter, the gradual deserter, the * 'intermittent husband," the ill-advised marriage type and the "last resort" type^ In his discussion of the gradual deserter type, Eubank points out that desertion is by no means always intentional. Marital happiness does not frequently snap suddenly. The husband and wife are more apt to gradually drift apart. Frequently the causes are to be found in our economic or social environment. Seasonal labor, the demand for the casual laborer and the existence of the so-called labor reserve have social effects upon the family life as well as economic effects upon unemployment. Unemployment may not be a direct cause of desertion, but it may lead to a search for new employment, during 312 The Journal of Delinquency which time the husband may drift far from his family moorings. We have spoken of influence of the war in attracting to Philadelphia mobile labor of all sorts. To what extent industrial migrations un- settle family life, we do not know. Every spring and summer itin- erant laborers of Philadelphia go out into the truck fields of the sur- rounding country. Although we claim no causal connection, it will be remembered that in the two years studied, desertion rates in- creased in the spring and summer. Immigration as well as economic causes may produce the gradual deserter. Although we failed to find that our immigrants furnished an unduly high proportion of cases for the Domestic Relations Court, this is not the entire story. Euro- pean countries face a severe problem of family desertion caused by foreign immigration. J. M. Motion in Wife and Family Desertion: Emigration as a Contributory Cause, states that for the year ending May 15, 1912, there were three hundred and forty (340) cases of colonial desertion. In one hundred and twenty-four (124) of the cases which were investigted, the wives had knowledge beforehand of the emigration which gradually and perhaps at first unintentionally developed into desertion. The intermittent husband, so called by Mr. Eubank, is the one who deserts and returns only to desert and return again. This type presents a peculiarly difficult problem to the social worker. It is believed that the so-called temperamental causes fig- ure very highly in this type of deserter. We saw in a very early portion of this study that about half of the cases in the Domestic Re- lations Court were not new but recurrent. The ill-advised marriage type is reflected in divorce as well as in desertion. It is not part of our purpose to discuss marriage laws, but the importance of the matter must be mentioned. We have seen some results of hasty marriages in the table showing the length of acquaintanceship before marriage in a number of cases in the Philadelphia Court of Domestic Relations. The relationship of forced marriages to the subject of desertion has also been discussed. By the expression "last resort" desertion, Eubank has in mind the desertions of the husbands caused by the bad conduct or the vicious habits of the wives. No attempt will be made to construct another classification of types of deserters. However, it may be well to stress the distinc- tion between the reclaimable and the irreclaimable deserter, although the two types gradually fade into each other. Under the first type we would include the cases where reconciliation is possible and where the restoration of the husband to the wife and family is regarded as Family Desertion and Non-Support 313 desirable. Perhaps there may be some analogy in the distinctior be- tween the occasional and the habitual criminal. In conclusion, there must be mentioned the type represented by the non-supporting hus- band who is living with his family although out of harmony with it. He is often a potential or an incipient deserter. Although there is an absence of actual desertion the same set of causes are frequently at work undermining domestic happiness. On the other extreme is the deserting husband who nevertheless is supporting his wife and fam- ily. VIII. THE DEVELOPMENT OP THE LEGAL MACHINERY Under the common law it was the duty of a husband to support his wife and children. This was insufficient because there were no means of enforcing such obligations without going into the courts. Hence, it was impossible for a wife to sue her husband, or children their father except indirectly through some friend or guardian. Where the wife or children were forced to purchase the necessities of life from some third person, the latter could sue the husband and recover. Thus, we may say that while the common law recognized the obligation of the husbands, it provided no direct method of com- peUing support. Hence, desertion and non-support have been made offenses, punishable by law in all the states of the Union. The vari- ous statutes of the state of Pennsylvania provide legal machinery whose scope and character are well in advance of that possessed by the majority of the other commonwealths. The interpretation of the courts has been likewise broad and comparatively untechnical. In attempting to sketch the evolution of the system in Pennsylvania the logical starting point is found in the Poor Law of 1836. This provided that if the deserted families became a charge upon the community the overseers of the poor should make complaint before any magistrate, who could issue a warrant authorizing them to seize as much of the personal property of the deserter as the magistrate should deem sufficient. If there was insufficient property the desert- er was to be arrested. The trial was one of criminal law in the regu- lar Courts of Quarter Sessions. The judge could make an order of support and authorize the overseers to sell the property which they seized, or in the absence of property could commit the defendant to jail. The unfortunate feature of this act was that it placed the initiative upon the overseers of the poor. Moreover, proof of no property was required before an arrest could be made. 314 The Journal of Delinquenctf These sections of the general Poor Law have been supplemented and supplanted by later special acts upon desertion and non-support. In April, 1867 a special act was passed by the legislature for the relief of wives and children, deserted by their husbands and father* within the commonwealth. The broad scope and powers of this pioneer statute in Pennsylvania may be seen from the following excerpts: That in addition to the remedies now provided by law, if any husband, or father, being within the limits of this commonwealth, has, or hereafter shall separate himself from his wife, or from his children, or from his wife and children, without reasonable cause, or shall neglect to maintain his wife or children, it shall be lawful for any alderman, justice of the peace, or magis- trate of this commonwealth, upon information made before him under oath, or affirmation, by his wife, or children, or either of them, or by any other person, or persons, to issue his warrant to the sheriff, or to any constable, for the arrest of the person against whom the information shall be made, as afore- said, and bind him over, with one sufficient surety, to appear at the next court of quarter sessions, there to answer the said charge of desertion . . It shall be lawful for said court, after hearing, to order the person against whom the complaint has been made, being of sufficient ability, to pay such sum as said court shall think reasonable and proper, for the com- fortable support and maintenance of said wife, or children, or both, not exceeding one hundred dollars per month, and to commit such person to the county prison, there to remain until he comply with such order, or give se- curity, by one, or more, sureties to the commonwealth, and in such sum aa the court shall direct, for the compliance therewith. It was further provided that all proceedings shall be in the name of the commonwealth: and that any wife, so deserted, shall be a competent witness on the part of the commonwealth, and the husband shall also be a competent witness. The basic statute has been supplemented and amplified by numer- ous later acts of the legislature. An act of March 13, 1903 made it a misdemeanor for a husband or father to desert and neglect to sup- port his wife and children, punishable by imprisonment not to exceed one year, or a fine not to exceed one hundred dollars or both. The latter was to be applied in whole or in part as a payment to the wife and children, but in no way to affect any existing order of the court for support. Court orders have generally been made in lieu of the criminal penalty, which was later permitted to take the form of a suspended sentence. For the purposes of this act children were de- fined as those under sixteen, except in the case of the crippled and infirm where the age limit was extended to twenty-one years. More- over, separation was defined as including "every case where a hus- band had caused his wife to leave him by conduct upon his part which would be ground for divorce/' This was for the protection of those women who were forced to leave their husbands, although the Family Desertion and Non-Support 315 latter could not be found technically guilty of desertion or non-sup- port. In spite of the various acts which were passed the courts con- tinued to have difficulty in enforcing their orders, although they might send to jail the non-supporting husbands. The legislation at- tempted to meet this situation by an act passed in June, 1913. Un- der this law a man who cannot or does not pay the court order can be committed at hard labor in some penal institution, which institution shall pay for his labor the sum of sixty-five cents a day for the sup- port of his wife and family. The courts, however, have used very conservatively this power. The above laws have made desertion and non-support a criminal of- fense and have provided the legal machinery by which the common- wealth can proceed against fathers and husbands in the interests of their families and the general public. There are also laws upon the statute books of Pennsylvania which give to deserted wives the right of civil suit for maintenance. If the husband can be located she may proceed against his property. The wording of the law, however, is rather ambiguous, and its uncertainty has been increased by several court decisions. Neither the law nor the legal machinery in civil procedure is as adequate in the matter of desertion and non-support as in the criminal procedure. This is but natural in view of the so- cial and economic groups which are largely aifected by this social prob- lem. Again, the matter of civil procedure seems rather unimportant when we recall how insignificant is the amount of attachable proper- ty in the case of deserters. For those in more fortunate pecuniary circumstances there is the opportunity of divorce or legal separation, which may be accompanied by alimony. A great land mark in the local history of the legal attempt to cope with the problem of desertion and non-support was the establish- ment of the Municipal Court of Philadelphia. This was done by an act of legislature upon July 12, 1913 which provided that the court consist of a president judge and an associate judge for each two hundred thousand of the population or fraction thereof, elected by popular vote. The court is divided into five great divisions — the Civil Division, the Criminal Division, the Misdemeanants Division, the Juvenile Division and the Domestic Relations Division. This act transferred from the Court of Quarter Sessions to the Domestic Re- lations Division of the Municipal Court cases of desertion and non- support. The act expressly states that The jurisdiction of the said Municipal court shall be exclusive (a) in all 316 The Journal of Delinquency proceedings brought against any husband or father, wherein it is charged that he has without reasonable cause separated himself from his wife or children, or from both, or has neglected or shall neglect to maintain his wife or children; and in all proceedings where any child of full age has neglected or shall neglect to maintain his or her parents, not able to work or of sufficient ability to maintain themselves; and in all proceedings for the custody of children. One of the fundamental features of a municipal court is the probation system. The above law, as amended by the Act of June 15, 1915, provides that The president judge shall appoint a chief probation officer .... and such additional probation officers and employes as he may determine. IX. THE MACHINERY IN OPERATION The earlier attitude toward the problem of desertion and non- support was that of court intervention. Perhaps it may be charac- terized as the strictly disciplinary attitude. Scientific or organized charity was loath to give much material assistance to the deserted wife. She was urged to bring the recalcitrant husband before the judge or magistrate in order that he be compelled if possible to resume the support of his family. It finally became apparent, how- ever, that such a step was frequently the last blow to an already disintegrating family life. The concept of family rehabilitation as a function of the court began to develop. Moreover, the causes of desertion were found to be far from simple. Such early studies as have been mentioned bepran to have their fruit m a change of attitude. It was realized that desertion did not just happen, but was a problem of social causation. As with divorce it represented a phenomenon of the modern family passing through a period of adjustment. The assumption that all deserters were unsocial individuals went the way of some older theories of crime. Finally, the case system of modern organized charity showed the necessity for a careful investigation of each family and a scientific analysis of the problems presented. Out of such a situation the probation system developed. Its juriadiction was extended from juvenile offenders to domestic relations. The municipal court idea expanded as it spread. The social efficiency of these specialized courts of justice depend largely upon the success or failure of the probation departments. The success of some early courts like that ol Judge Lindsey centered around the dynamic person- ality of the judge. With the development of the municipal court idea, however, the center of gravity has largely shifted from the judge to the probation officer. Municipal court judges, who passupon the Family Desertion and Non-Support 317 problems of domestic relations or upon juvenile offenders, should not only be legal specialists in their respective fields, but also men with a knowledge of sociology. Consequently, there has developed a differentiation of function between the judge and the social workers of the court. Although the judg*^ is the reponsible person for the decisions made in his court, such decisions are largely conditioned by the data prepared by the probation officers and other social workers. An important feature of the Domestic Relations Division of the Phila- delphia Municipal Court is the emphasis placed upon the probation department. The local probation officers do more than the investiga- tion and supervision of cases. The decisions are frequently left in their hands. This unique feature may be read in the number of adjustments which are made without court trial by the probation officers in conference with the husbands and wives. Reconciliation is often impossible, but the aim is to reach a voluntary agreement in this informal manner. Before the Philadelphia Municipal Court was established in 1914 the deserting husband was arrested upon the complaint of his wife, who had secured a warrant from some magistrate. The husband was placed under arrest and lodged in the county prison in default of bail It was frequently a week or two after commitment before the case. was called for trial. Such a situation tended to embitter the husband. It frequently meant not only loss of employment, but also made re- conciliation more difficult if not impossible. Before the creation of the Philadelphia Municipal Court, desertion and non-support cases were tried in the Court of Quarter Sessions, which devoted one day each week to their consideration. An already crowded docket made justice slow. Moreover, in the absence of any probation department there was no source of reliable information upon which to base a de- cision. With the establishment of the Municipal Court in 1914 and its emphasis upon the probation system, the process of handling de- sertion and non-support cases was considerably altered. The present procedure in brief is as follows: The first appeal to the court is gen- erally made by the wife hereself, although there are rare cases in which the appeal is made by the husbands in the behalf of the chil- dren of deserting wives. The complaintant is met by an officer of the court, furnished with an identification card and assigned to a woman interviewer. Here she tells her story in an informal way to the probation officer. A full and frank discussion is encouraged and a record made of the facts as related by the wife. Except in rare 318 The Journal of Delinquency cases, where physical violence is possible, no summons is issued. Instead, the probation department merely sends a letter to the hus- band. An attempt is made to have him call at a time which is not detrimental to his work. If no answer is received a second letter is sent. The probation department holds that it is better to incur the risk of having the husband run off than to embitter the proceedings by issuing a warrant unnecessarily. If there is no reply to the third letter a legal summons is issued. When the defendant calls he is generally met by the same interviewer who heard his wife's story. The same informal conference takes place between the husband and probation officer. A record of the facts is made as presented by the husband, which may be very different from the story related by the wife. If there is a serious conflict in the two versions, field workers are called upon to make additional first hand investigation. The third step is a conference between husband and wife in the presence of the probation officer. This is the critical stage, for here a definite decision is reached. Any one of three things may happen. The cou- ple may become reconciled and decide to start married life together afresh. A frank discussion before some impartial and sympathetic third person with some possible good advice may be sufficient. Al- though the judge may bring the man and wife together, reconciliat- ions are generally effected by the probation officer in this early stage. Reconciliation, however, may be impossible. Moreover, a study of the facts in the case may be sufficient to convince the probation offi- cer that permanent reconciliation is not only unlikely but also undesir- able. A separation agreement may be reached voluntarily in this conference and the case may not go into court at all. If the husband and wife can agree upon a fair sum, proportionate to the husband's earning capacity, to be paid by him for the support of his wife and children the affair may be settled there. The parties are taken to the office of the County Clerk, where the complaintant petitions the Court to confirm the agreement and the defendant signs a bond for his appearance in case of failure to abide by the sum required to be paid. The case does not have a court trial, although the signature of the judge is necessary in order to make the agreement a decree of the court. Such a voluntary agreement outside the court is known as an adjustment and is as legally binding as an order of the judge. Publicity is avoided and the way left open for a possible reconcilia- tion. Moreover, it seems desirable that the matter should be settled by the probation officer, if the latter is a trained social worker, rath- Family Desertion and Non-Support S19 «r than by the judge who is a legal expert. Finally, there is more hope of the agreement being kept when it is more voluntary than a court order. If an adjustment without court trial is impossible a le- gal summons is issued which brings the case before the judge. Even here the probation department has made an analysis of the case be- fore it comes into court. The charges and counter charges are in- vestigated as well as the husband's earnings. The decision of the judge may be any one of th« following: The petition may be dis- missed if important charges of the husband can be proven and the demand for support seems unjust. The case may be continued for fur- ther investigation or for some such other reason as the non-appear- ance of the defendent. The third possibility is definite order of the court upon the man for the support of his wife and children. There is a department of accounts and the orders are payable week- ly, semi-monthly or monthly at the Municipal Court. For the con- venience of the men concerned the office is kept open Friday even- ings. Although the money is generally forwarded to the beneficiary through the court, it is possible to file a petition for the man to pay directly. It may also be mentioned that the court maintains an em- ployment bureau to help the man out of work to find employment. There is a medical department, which, however, exists chiefly for purposes of examination. Those requiring extended medical treat- ment are referred to hospitals. Connection is maintained by the probation department of the Municipal Court with the social service departments of the various city hospitals and dispensaries. Relief cases are turned over to the Society for Organizing Charity. More or less close connection is maintained with the other social agencies of the city. Domestic Relations Court cases are registered at the Social Service Exchange of Philadelphia. The important part which the probation department plays in > e matter of desertion and non-support may be seen in the large prop- ortion of cases which are settled without court trial. Thus, in 1916 there were one thousand seven hundred and one (1,701) support orders granted, but only nine hundred and twelve (912) representing fifty-four per cent (54%) were fixed by the judge. In 1917 out of one thousand seven hundred and seventeen (1,717) new orders, seven hundred and twenty-seven (727) or forty-two per cent (42%) were reached by adjustment without court trial. In 1918 out of one thousand four hundred and thirty-one (1,431) new orders, five hundred and twenty -three (523) or thirty-seven per cent (37%) 320 The Journal of Delinquency were reached by adjustment. In 1919 there were one thousand one hundred and forty-two (1,142) new orders issued by the court in contrast to eight hundred and forty-five (845) reached by voluntary agreement, representing forty-two per cent (42%) of the total. Dur- ing the year 1920, of the non-support cases involving families brought to the attention of the court for the first time and disposed of in the same year three-fourths were adjusted without court hearing. The character of the court disposition of cases may be seen from the following summaries for 1916, 1917 and 1918: TABLE XXXV. COURT DISPOSITIONS'' 1916 1917 1918 Court dispositions 6,140 7,127 5,036 New orders 1,701 1,717 1,431 By court 912 990 908 By aggreement 789 727 523 Changes made in previous orders 153 180 262 Orders vacated 491 380 115 Old orders suspended 7 57 81 Arrears remitted 410 260 247 Micellaneous petitions allowed 82 61 178 Petitions dismissed 462 258 260 Petitions continued 2,375 3,-878 1,763 Defendant committed or held 220 391 582 It is interesting to note in the three years described above the great TABLE XXXVL DISPOSITION OF CASES IN 1919^ All classes Non-support of cases cases only Cases listed for Court 6,180 6,062 Court hearings 4,732 4,501 Cases disposed of 4,108 3,860 New orders 1,987 1,831 (By Court) (1,142) (1,060) (By agreement) (845) (771) Old orders changed 351 341 ( Increased ) ( 243 ) ( 237 ) ( Decreased ) ( 108 ) ( 104 ) Old orders suspended 30 23 Old orders reinstated 106 102 Old orders vacated 195 197 Arrears remitted 344 327 Petition to credit allowed 33 31 Beneficiary changed 39 37 Miscellaneous petitions allowed 156 154 Petitions dismissed 451 456 Petitions withdrawn 231 227 Defendants committed 185 184 Placed upon probation 1,168 1,120 Bench warrants 43 42 Bench warrants no answer 133 124 number of petitions continued. In 1917 the total number of such 23] Annual Report for 1916, p. 170 for 1917, p. 45, and for 1918, p. 46. 24. Annual Report of Municipal Court for 1919, p. 42. Family Desertion and Non-Support 321 cases was over three thousand, in 1916 almost three thousand and in 1918 almost two thousand. The record for 1919 also shows a great proportion of cases not settled. It also illustrates how large a prop- ortion of all the cases in the Court of Domestic Relations are those of desertion and non-support. The cases disposed of at court hearings in 1920 numbered three thousand two hundred and ninety-four (3,294). There were one thou- sand seven hundred and seventy-four (1,774) continuances. The fol- lowing is a summary of the dispositions of these court cases. TABLE XXXVII. COURT DISPOSITIONS IN 1920^ Petitions dismissed 430 Attachments dismissed 2 Writ of habeaus corpus dismissed 9 Warrant of seizure dismissed, no funds 18 Orders made 1,013 Orders increased 231 Orders reduced 125 Orders suspended 28 Orders reinstated 66 Orders vacated 173 Beneficiary changed 145 Arrears remitted 239 Part arrears remitted 86 All arrears paid in court 75 Part arrears paid in court 317 Arrears ordered to be paid upon a specified date 36 Specified amount of arrears ordered to be paid upon a specified date 117 Arrears ordered to be paid in installments 626 Habeas corpus petitions granted 41 Habeas corpus petitions granted in part 16 Habeas corpus petitions not granted 21 Committed to county prison 75 Committed to House of Correction 85 Returned to County prison 4 Returned to House of Correction 5 Discharged from County prison 2 Committed to County prison or House of Correc- tion, but released same day upon payment of part arrears and agreement to pay balance 85 Committed to psychopathic ward, Philadelphia General Hospital 9 Warrants of seizure confirmed 69 The large number of cases carried over is partly due to a crowded calendar and for a while the court was holding evening sessions once a week in order to catch up with its prog^-am. Again, the very nature of the probation system keeps many cases from an immediate settlement. For many families an extended period of supervision is 25. Annual Report for 1920, p. 240. S22 The Journal of Delinquency necessary. The recalcitrant husband must be carefully watchedl The small number of commitments and the large number of arrear- age cases listed above show^s the reluctance of the court to use its authority. Every effort is made to avoid imprisonment and ta use this weapon only as a last resort. Even after a voluntary adjust- ment has been reached or court order fixed the work of the proba- tion department is not ended. It is necessary to see that the money is paid regularly and promptly. A default in payment brings the case back again into Court. A unique feature of the Philadelphia Court of Domestic Relations is the fact that these orders are granted for an indefinite period of time and not for a certain fixed period. Hence, the opportunity must be open to both parties to appeal at any time for an increase or decrease in the amount paid. The two determining factors regarding the amout of the order are the size of the family and the wages of the husband. There has been no attempt made to standardize the relationship between these twa factors. Many irregularities and apparent injustice^ are to be ex- plained in terms of other factors. It is debatable whether standard- ization is possible for these two chief factors. Careful investigation by an efficient probation department made up of trained social workers is far more desirable. The importance of the probation department is apparent to any visitor in the Court of Domestic Relations. The rapidity with which individual cases are disposed of by the court is to be explained in terms of previous investigation and recommenda- tion by the probation officer. In Philadelphia the emphasis is placed upon the probation department rather than upon the judge. In con- clusion, may be mentioned the attempt of the court to get the man himself voluntarily to fix a fair sum as a support order rather than to arbitrarily impose it upon him. Although reconciliations are sometimes effected by the judge in the court room they are generally accomplished, if at all, by the pro- bation officer in a previous conference. Let us see to what extent reconciliations are accomplished and then to what extent they are permanent. In 1916 one thousand and two (1,002) cases were rec- onciled. In 1917 there were eight hundred and two (802), in 1918 eight hundred and four (804) and in 1919 one thousand and sixteen (1,016) reconciliations. In 1920 there were seven hundred and thirty- seven (737) couples reconciled without a court hearing and thirty-two (32) reconciled by the judge in the court room. It would seem to be a conservative estimate to say that reconciliations were effected in Family Desertion and Non-Support 823 over ten per cent (10%) of the cases coming into the court. In 1917 there was made an interesting study of twelve hundred cases to illustrate court action according to nativity. TABLE XXXVIII. COURT ACTION ACCORDING TO NATIVITY Native Foreign Total White Colored Bom No. % No. % No. % No. % Reconciliation in department 135 11 71 10 22 18 42 12 Petition and order 90 8 65 9 4 3 19 5.2 Agreement 84 7 63 9 9 7 12 3 Petition dismissed 84 7 56 8 5 4 23 7 Court action pending 114 9 67 9 12 9 35 10 Not settled 563 47 306 43 59 49 197 56.1 Arrearage complaints 74 6 52 7 9 7 11 3.2 Attachment proceedings 56 5 38 5 3 3 15 4 Reconciliations were effected in eleven per cent (11%) of the total number of cases studied. Among the native white the proportion of reconciliations was only ten per cent (10%) or slightly under the rate for the entire group. With the foreign born the percentage was twelve per cent (12%) or slightly above the rate for the entire group studied. In the case of the colored litigants the proportion of recon- ciliations effected reached the high water mark of eighteen per cent (18%). The same group which furnishes a high proportion of cases to the Court of Domestic Relations also shows a high percentage of reconciliations. How permanent the reconciliations are with this rather volatile group is another story. Agreements outside the court were effected in seven percent (7%) and court orders gran ted in eight per cent (8%) of the total number of cases studied. In both these matters the native white rate was sHghtly higher, being nine per cent (9%) in each case. The rate for the colored group correspond- ed to that of the entire group in the matter of voluntary agreements, but fell to three per cent (3%) in the matter of court orders. In the case of the foreign born the rate in both cases is below that of the entire group. Orders were granted in five per cent (5%) of the cases and agreements were reached in three per cent (3%) of the cases. The proportion of petition s dismissed was seven per cent (7 % ) for all groups, eight per cent (8%) for the native white group, four per cent (4%) for the colored group and seven per cent (7%) for the foreign born. If we take the same table and use only the first four classes leaving out cases not settled, court action pending, arrearage complaints and 26. Annual Report for 1917, p. 89. 324 The Journal of Delinquency attachment proceedings very nearly the same contrasts show them- selves in a more glaring fashion. TABLE XXXIX. Native Foreign Total White Colored Born No. % No. % No. % No. % Reconciliation in department 135 35 71 28 22 55 42 43 Petition and order 90 23 65 26 4 10 19 20 Agreement 84 21 63 25 9 23 12 13 Petition dismissed 84 21 56 21 5 12 23 24 Total 393 100 255 100 40 100 96 100 To determine to what extent court reconciliations were effective in permanently reuniting families an investigation was made by Miss Mary Hendrickson of the probation department for the year 1916. There were one thousand and two (1,002) cases listed as reconciled. Of these cases on file one hundred and ninety (190) had come back into court for reconsideration. The remaining eight hundred and twelve (812) families were investigated from six to eighteen months after the case was closed. This single investigation took the entire time of one worker for several months. Only eighty-seven (87) families were not found or accounted for. In one hundred and twenty (120) cases the couples had separated although the cases had not come back into the Domestic Relations Court. This left in effect six hundred and five (605) reconciliations which constituted sixty- seven per cent (67%) of the cases located. This merely meant that husband and wife were living together again, possibly in fear of the court or possibly because of the children concerned. In a number of cases, however, the reconciliations appeared to be genuine to the probation officer, who described the husband and wife as "living happily together." A summary of the results of the inquiry is as follows: TABLE XL. PERMANENCY OF RECONCILIATIONS^ Number of reconciliations in 1916 1002 Families not located 87 Number back in court 190 Number found to have separated without going back to court 120 Remainder 605 67% Two problems of administration must be mentioned in conclusion, the enforcing of court orders and the finding of the deserting hus- band, who seriously attempts to escape. The social workers of 27. Annual Report for 1916, p. 64. Family Desertion and Non-Support 325 organized charity may suceed in getting a desertion case before the court and an order made, only to iind that the husband does not make payment or later ceases payment. This forces the case back again into the court and delays the relief. Sometimes the judge is hesitant concerning commitment. In the firat place there may be some good reason for the non-payment of the court order, such as sickness or lack of employment. In the second place, commitment is to either the House of Correction or the county jail, which all students of penology admit is the weak link of our penal system. In the last place, under our present law the amount that the wife would receive during the imprisonment of her husband only amounts to three or four dollars a week. However, the department of accounts of the Domestic Relation Court of Philadelphia finds that the general tendency has been toward a more regular payment of Court orders. The husband who deliberately attempts to desert or to avoid the payment of court orders by running off finds very little difficulty. This is not a local problem, however, but a national one. In Phila- delphia as in most other cities, a warrant will not be served upon a deserting husband unless a probable address can be given. There exists a fund for the extradition of such offenders as have fled the state, but the extradition of those guilty of the so-called minor offenses was discouraged at the conference of governors. Although practically all the states have made desertion a punishable offense, the commwealth rarely takes the initiative in enforcing it. The determined wife or the persistent social worker in attempting to apprehend a fleeing husband is face to face with a legal as well as a practical game of hide and seek. Even within a given state there is often little cooperation among the local authorities. Such a situation is unfortunate and would be fatal if characteristic of all criminal procedure. It so happens that the majority of husbands do not seek evasion by running off. Organized charity is attempting to bridge the gap and close cooperation is generally maintained with similar organizations in other localities. Jewish social workers have organ- ized a National Desertion Bureau and are very sucessful in locating deserting husbands. Some of their periodicals have a deserters' page containing the names, descriptions and photographs of the fugitives. It must be admitted, however, that they are favored in their search by a certain social solidarity and geographical localization. 326 The Journal of Delinquency "^ X. SUMMARY AND CONCLUSIONS This brief survey of the local probem of desertion and non-support has divided itself into four main divisions — (1) the social significance, (2) the amount, (3) the causes and (4) the treatment of desertion and non-support. The Social Significance of the Problem, The importance of the family as a social institution is our starting point. In addition to its primary function of reproduction, there is also the secondary function of socialization, that is the preparation of individuals for their larger life in society. An unhealthy family life is a national misfortune and a menace to social welfare. At present the family like other social institutions seems to be passing through a period of adjustment. Desertion and divorce are indications of an unstable family life. Although there are numerous differences in these two phenomena of the modern family, there are more points of similarity. The fact that they display themselves in different social groups has made desertion known as '*the poor man's divorce.'' Desertion is a pathological phase of family life which seriously impairs the social functions of that important institution. Moreover, it plays an im- portant part in augmenting the social debtor groups. This reflects itself in juvenile delinquency, juvenile dependency and finally in the appeals made to organized charity by the deserted wives and mothers. ^Philadelphia seems to be no exception to the general rule that deser- tion is responsible for about ten per cent (10%) of the relief cases. It has been estimated that of the children placed in our local institutions, fifteen per cent (15% ) is a fair proportion to charge to desertion cases. Although quantitative measurement is difficult there is good reason to believe that the role played by desertion as a cause of juvenile delinquency in Philadelpia is even greater. Although this study has made no attempt to compare the desertion rate of city and country, this social phenomenon like others displays itself most vividly in congested population centers. It is historically true that practically all the important studies of desertion have been made in the cities. The Amount of Desertion and Non-support The amount of desertion is extremely diflficult to measure. Our two main sources of information in Philadelphia are the appeals made to organized charity and the suits brought in the Domestic Relations Division of the Municipal Court. There is also a great unknown amount of desertion which never reflects itself in either of these two channels. Most studies of desertion have been made from the former Family Desertion and Non-Support S27 source, that is by officials of organized charity societies from their 'Case records. Our study has been made from a different angle and has confined itself almost exclusively to the cases which have come through the Municipal Court. Many appeals made to local charity organizations get into the court, but many do not. On the otlier liand, only a part of the court cases are relief cases, known to social agencies. The nature of the source material used must be considered in comparing these conclusions with those of other studies of desertion. Desertion appeals made to organised charity seem fairly constant. Philadelphia is apparently no exception. Unemployment and economic cy cles are regarded as playing a small part. On the other hand, the number of desertion and non-support suits which were brought before the Domestic Relations Division of the Philadelphia Municipal Court does show some interesting yearly fluctuations dur- ing the five year period studied. The rate for 1917 arises above that for 1916, falling again in 1918, only to rise again in 1919 and to remain at about that level in 1920, For this period, for this locality and for this particular group of desertion and non-support cases there does seem to be some correlation with general economic conditions. Such a conclusion, however, is clouded by the existance of other disturbing factors, the war and prohibition. The effects of the war are interesting, but difficult to measure. It is possible, although we cannot prove it, that war marriages were partially responsible for the increase of desertion and non-support cases which followed the war. It is too early to pass judgment upon the effects of prohibition in Philadelphia. It is interesting, however, to note that^ in the early days of prohibition alcoholism as a charge of wives against husbands dropped sharply. There was a steady decline from/ May 1919 to February 1920. After the low water mark was reached in this month there took place a steady increase until the fall of the same year although this peak did not reach the former high levels. Not only fluctuation in the rate but also the absolute amount of de«- sertion and non-support are important. It is held that the fairest way to read both is in the number of new cases. A comparison with the general population reveals the fact that the average annual rate of the husbands and wives represer ted in the new court cases per one thousand married people is about fourteen (14.5). The average annual number of new cases per thousand families is almost ten (9.73). The ratio of these new cases to the marriage rate, as read 32S The Journal of Delinquency^ " m the number of licenses issued, is found to be about one to fiVe The importance of this problem may also be seen by a comparison with the local divorce rate. The number of new desertion and non- support cases each year for the period studied is almost twice as great as the number of divorce petitions filed and almost three times as great as the number of divorces granted. Causes of Desertion and Non-Support. Although society and the individual are reciprocals, the familiar method of grouping causes as environmental and individual was followed. A consideration of the factors of race and nationality developed the fact that the foreign born are not furnishing the Court of Domestic Relations with an am- ount of desertion and non-support cases out of proportion to their ratio in the total adult population. The colored populatian, on the other hand, is furnishing a proportion of court cases in excess of its ratio in the total and total adult population of the city. It is possible that the Roman Catholic group is productive of a somewhat smaller amount of desertion and non-support cases than its ratio in the total population of Philadelphia. Mixed marriages betweenindividuals of Hiff^rpnt rQlionn^ia groups Seem to have a higher record of failure than those between individuals of the same religious group. The social and economic groups which are largely represented in desertion and non-support cases of the Philadelphia Municipal Court may perhaps be characterized in the un-American expressions of lower and lower middle classes. The very poor groups are common, but they are not the most typical. The wealthy groups afford but a very occasional representative. The skilled, the semi-skilled and the unskilled groups are about equally apportioned among the hus- bands in these court cases. The median weekly wage in 1916 was about fifteen dollars and in 1917 between sixteen and seventeen dollars. In 1918 it had jumped to between twenty and twenty-four dollars and in 1919 to between twenty -five and thirty dollars. A glimpse at the standards of living of the court litigants may be had from the fact that a majority of the families live in small rented houses rather than in furnished rooms. In from five to ten per cent (5-10%) of the cases the families owned their own homes. In a great number of cases the wives were employed outside the home, but it is doubtful if the proportion of wage earning wives is greatly in excess of that for the same social classes in the general population. The greatest number of court cases represent the early years of mar- ried life. The typical wife is in the twenties and the defendant hus- Family Desertion and Non-Support S29 band is from twenty-five to thirty years of age. Our thesis has noth- ing to show that early marriages are more fruitful of desertion than late marriages, but it does seem to point definifcely toward hasty, inama£es_as a source of marital unhappiness which reflects itself in this manner. It is also possible that fxircedjnarriages, contracted to legitimatize children or clandestine sex relationships often invite subsequent disaster. Although desertion is the cause of broken family life it is also the result. Our thesis contends that in this functional relationship the emphasis should be placed upon desertion as a result rather than as a cause. Desertion like divorce is an evidence of unstable family life. The industrial revolution, the factory system and the employment of women and children outside the home are comparatively new events in the long history of the human family. The development of great cities and the process of urbanization of their populations are still going on. Again, social progress is constantly raising standards of conduct. The popularization of law and education to- day brings about a different reaction from that of passive submission. Vicious habits, for illustration, upon the part of either husband or wife will no longer be tolerated to so great an extent. Their revelation in court is no indication that family life today is worse than before, but rather points toward a quickened public conscience. Among the frequent charges in the Court of Domestic Relations are alcoholism, abusive treatment, abusive language, other men or other women, in-laws, extravagance, economic or domestic incompetency or incom- patability. In the majority of cases the charges of the wives out- weigh the counter charges brought by the husbands, but generally the contributions to domestic unhappiness are mutual. Some of these causes, incompatability for illustration, are rather unenlighten- ing. Others may be taken with the proverbial grain and salt. Al* cohohsm, for illustration, is frequently unduly stressed by the liti- gants. A study by the court workers of the wages of a number of men charged with alcoholism found that they were in excess of what any group of alcoholics would Hkely earn. There is a tend- ency to confuse drinkers with alcoholics. Sex problems on jhej)ther hand are frequently concealed. Mental as well as medical tests are made frequently in connection with the cases before the Philadelphia Court of Domestic Relations. Although numerous feeble-minded and psychopathic types are represented, it is too early to attempt any classification or generalizations. The new psychology now in the ^30 The Journal of Delinquency^ making, may permit at some future time a study of desertion a^nJ marital discord from this angle. Treatment If desertion like divorce is a product of broken family^ fife, the proper place for legislation to begin is with the marriage laws,, rather than with the laws upon desertion and non-support. It has been recommended that a certain number of months elapse between the granting of a marriage license and the performance of the cere- mony in order to lessen the number of hasty marriages. In brief, it may be said that any thing which tends toward a more wholesome and healthy family life is to that extent attacking the problem of desertion and non-support. After the present economic and social changes have worked themselves out and the present age of adjust- ment has passed, there may arrive a more stable era far the family^ as well as for some other social institutions. But in the meantime We are confronted with a condition as well as a theory. How shall we treat deserters and how shall Vfe treat their families? Any simple classification of the causes o^' desertion or of types of deserters is dangerous. Although there are numerous recognizable diseases,, the medical physician must carefully examine each case. The same is true of the social worker, althought it is assumed that she be familar with the various types and causes of desertion as pictured by some of the more recent writers upon the subject, who have attempted to standarnize the approach in various cases. ^^ In the treatment of desertion cases we are still feeling our way. The new profession of social work must experiment while it practices. The need for trained social workers is still so great in all fields, that one hardly dare voice the demand for specialists in the field of desertion. It has been said that we have passed from a strictly disciplinary attitude in the treatment of desertion to the new concept of "family rehabilitation. '' To write the words *'family rehabilitation'' is easy, to accomplish it is difficult. The estabHshment of the Domestic Re- lations Division of the Municipal Court with its probation depart- ment was a long step forward in Philadelphia. We have pointed out the work done there in the matter of family reconciliation. Ten per/ cent is a conservative estimate. Moreover, although many cases come back into the Court and others separate later without Court action, we are persuaded that in a large number of cases the recon- ciliations effected by the Court are permanent. It must be pointed out that there is a danger of pushing too hard for reconciliations. 28. The questionaire upon desertion found in Mary Richmond's Social Diagnosis is especially valuable. Family Desertion and Non-Support 331 The writer, however, did not observe this in the conferences held by the probation department, in which he was permitted to sit. The social worker of organized charity may deliberately strive to keep the ever forgiving wife away from the dissolute husband or the chronic deserter. Ill advised reconciliations merely complicate and prolong the case. In conclusion, we may say that among the outstanding character- istics of the local treatment accorded desertion and non-support cases is the emphasis upon the probation department rather than upon the the court. A large number of eases settled without court trial by a voluntary agreement of the two parties in conference is a second feature of the Philadelphia system. In almost half of the new cases in which separation is involved, the adjustment as to the amounr to be paid is made without court trial. A third and unique feature is the fact that the court orders are made for an indefinite period, subject, however, to petition for increase or decrease. In this at- titude Philadelphia stands practically alone. A fourth characteristic is the conservatism with which most judges use the great power which they possess under the laws of Pennsylvania. The number of commitments is rather small and imprisonment is used only as a last resort. Again, letters from the probation departments are used whenever possible as a substitute for an arrest warrant, The pos- sible escape of a few deserters is regarded as preferable to the em- bitterment of the husband and the destruction of the possible re- habilitation of the family. The inability of the law to apprehend the »/ wilfully deserting husband is a serious problem throughout the entire nation. Although Philadelphia is no exception in this respect, the siitu^tion is no more glaring here th^p elsewhere, 332 The Journal of Delinquency XL BIBLIOGRAPHY A. SECONDARY SOURCES Almy, F. Relief: A Primer for Family Rehabilitation Work of the Buffalo Charity Organization Society. 1910. ^^ Baldwin, W. H. Family Desertion and Non-Support Laws (made in con- nection with the Associated Charities of Washington, D. C. in 1904 and pub- blished in same volume with work of Miss Lilian Brandt). BoNSALL, W. Report on Desertion and Non-Support Laws. 1910. Hand- book of Social Laws in Pennsylvania. 1914. BosANQUET, H. The Family. 1906. Macmillan. -^ Brandt, L. Five Hundred and Seventy-four Deserters and their Families. (Publication No. 1 of the Committee of Social Research of the Charity Organ- ization Society of the City of New York). (1905). Calhoun, A. W. The Social History of the American Family. (Published 1919 by H. H. Clark Co). CoLCORD, J. Broken Homes. A Study of Family Desertion and its Social ^"^Treatment. (Charity Organization Society of New York City. Published in. 1919 by the Russell Sage Foundation). Devine, E. T. The Family and Social Work. (Particularly Chapter -^ Principles of Relief) (Macmillan, 1914). > ^ Eubank, E. E. A Study of Family Desertion. (Issued by the Chicago Department of Public Welfare in 1916). Flexner, B. and Baldwin, R. N. Juvenile Court and Probation System,. (Century Co. 1914). Goodsell, W. a. History of the Family as a Social and Educational Insti- tution. (Macmillan, 1915). Heffner, W. C. Brief History of Poor Relief Legislation in Pennsylvania^ 1682-1913. (Published 1913 by Hoizapfel Co.) Leeson, C. The Probation System. (P. S. Key and Sons, Westminster 1914). Lichtenberger, J. p. Divorce, A Study in Social Causatiort. 1909. Mangold, G. B. Problems of Child Welfare. (Macmillan 1919). ^^ Motion, J. R. Desertion Cases. (Published by the Glasgow Parish Coun- cil 1909). Wife and Family Desertion: Emigration as a Contributory Cause, 1912. Wife and Family Desertion: An Inquiry into its Causes. 1913. Parsons, E. C. The Family. 1906. G. P. Putman's Sons. Richmond, M. Social Diagnosis. (Russell Sage Foundation). Smith, Z. D. Deserted Wives and Deserting Husbands: A study of Two Hundred and Thirty-four Families. (1901 Publication No. 75 of the Assoc- iated Charities of Boston). B. reports, proceedings and other special studies Chicago Juvenile Association. A Study of Two Hundred Cases from the Chicago Court of Domestic Relations with Respect to Abandonment. 1914. Chicago Jewish Aid Soclety. A Study of One Hundred Desertion Cases Aided by the Society. 1914. Cincinnati Juvenile Protective Association. (A study of the desertion problem in Cincinnati. 1913). National Desertion Bureau. Report of Eight Hundred and Fifty-two Cases of Family Desertion Treated by the National Desertion Bureau from, its Establishment February 1, 1911 to April 1, 1912. (Monroe M. Goldstein). Family Desertion and Non-Support 333 Family Desertion and Non-Support. Report of the work of the Bureau from 1912 to 1915. National Conference of Probation Officers. New York State Probation Commission. Philadelphia. Wife Desertion. Report of a special committee of the Philadelphia Society for organizing Charity in annual report for 1903. -, Family Desertion. Vol. 6 No. 11 Bulletin of the City Club of Philadelphia, February 12, 1913. Annual Reports of the Municipal Court of Philadelphia. United States Census Bureau. A Special Report on Marriage and Divorce. 1867-1906. Pepper and Lewis. Digest of the Laws of Pennsylvania. (1700-1907). (T. and W. Johnson Co., 1910). Purdon's Digest of the Laws of Pennsylvania. Stewart. (Published 1915 by G. T. Bisel Co.) c. national and state conferences on charities and corrections National Conference of Charities and Corrections. (1902, 1905, 1911, 1912). Canadian Conference on Charities and Corrections. (1911 and 1912). National Conference of Catholic Charities. (1912). National Conference of Jewish Charities. (1900, 1906, 1910 and 1912). State Conferences. Florida 1914, Indiana 1911 and 1912, Iowa 1906, Maryland 1911, Massachusetts 1903 and 1910, Missouri 1913, New Hamp- shire 1912 and 1913, New Jersey 1909, Pennsylvania 1910 and 1912, Rhode Island 1913, Texas 1912 and 1913. d. periodicals American Journal of Sociology. 1910. Annals of the American Acedemy of Political and Social Science, 1903 and 1918. Charities. 1903: May 2 and May 9. 1905: April 15, Special number on family desertion. April 22, Aug. 19, Sept. 9, Sept. 16. 1906: March 3, March 10, May 26. 1907: January 19, Sept. 21. 1909: November 20. Charities Review. June, 1895 and October 1900. Jewish Charity. Feb. 1905 and Jan. 1906. Journal of Criminal Law and Criminology. September 1912, November, 1912, and May, 1913. Survey. 1910: Feb. 5. 1911: July 1. 1912: May 11. 1913: April 12 and June 21. 1914 : December 19. THIS BOOK IS DUE ON THE LAST DATE STAMPED BELOW AN INITIAL FINE OF 25 CENTS WILL BE ASSESSED FOR FAILURE TO RETURN THIS BOOK ON THE DATE DUE. THE PENALTY WILL INCREASE TO SO CENTS ON THE FOURTH DAY AND TO $!.00 ON THE SEVENTH DAY OVERD UJ \r'' ■^ ^ wwvrmTx^ -:;:^ «fr APR 2? 1963 .-.— .w' & MAY 1 9 1963 itfir^**-^ ViPRZiv'Q^ siviiAS ^^'S^ Lfr LD 21-100m-8,'34 ; ^C 073U6 t r)2?Tr58 5 UNIVERSITY OF C LIFORNIA LIBRARY r .