For the Southern States considered, Table I shows that the number of Negro prisoners around 1910, varied according to the State from five plus times their proportion in Louisiana to eleven times in Georgia. While in the North, the number varied from eight times in Connecticut to seventeen minus times in Kansas. Thus showing that the Negro is everywhere many times more criminal than the white man, and that his criminality is more pronounced in the North than in the South.
That he is discriminated against by the court,—and otherwise,—is sometimes given as a reason for the great criminal showing of the Negro; that for the same kind of crime the Negro gets a much longer sentence than a white man, etc. This is hardly to be held as against the North, and that it is true to any appreciable extent in the South is doubtful, but hard to determine,—absolutely.
As Table I gives the number of prisoners on hand at a certain time and Table II the number committed to prison during a period of time,[77:2] other things being equal, it is clear that if the Negro is discriminated against through the length of sentence imposed on him by the court, it should be shown by a smaller number being sent to prison
in proportion to the respective population of the two races in any State than is to be found on hand at a certain time. For instance, at the Maryland and the Texan penitentiaries, according to the above tables, in 1910 the numbers of Negroes on hand were, respectively, eight-minus times and eight-plus times their proportion, while those committed for the same year were seven-plus and seven, respectively. This would seem to indicate that in neither Maryland nor Texas was there but little, if any discrimination against the Negro. But a comparison of the statistics for Arkansas and Louisiana seems to show that the Negro is discriminated against in these States. However, upon further investigation it is found that ninety-one Negroes were sent to the Louisiana penitentiary in 1911 for murder and manslaughter, and thirty-two for shooting with intent to kill, as against thirty white men during the same year for these crimes. Again, in the Arkansas penitentiary in November, 1912, there were 213 white and 643 Negro prisoners. Of the whites but 50 had committed homicide, while 218 of the Negro prisoners were guilty of the crime.
Moreover, one might naturally expect that the whites, on account of greater influence, would be much more likely to secure pardons. It is doubtful if the whites are thus favored to any large
extent. Between November 1, 1910, and October 31, 1912, Arkansas granted pardons to 121 whites and 86 Negroes, while during the year ending November 30, 1911, Kentucky pardoned nine white men and eighteen Negroes. If statistics were available from all the States it might be rather conclusively demonstrated that the Negro is discriminated against but little by the courts.
In this connection it may be well also to note the fact that in Ohio fourteen-minus times as many as their proportion (according to Table II) were sent to the penitentiary; in West Virginia fifteen times, and in North Dakota forty-three times their proportion.
A comparison of the number of whites and Negroes arrested a year in some of the large cities is given in the following table:
TABLE III
