treme pressure, or when temptation is specially severe. It is not that he has any great compunction to live a decent life, but that he realizes the danger of giving way to his appetites and passions. Of course, this will depend not only on the degree of intelligence, and the nature of the environmental stresses, but also upon the degree of emotional defect. There is as yet, and perhaps never will be, a standard measure for gauging degrees of emotional defect. When an expert tests for intelligence he is able to give a definite rating, as for instance, an intelligence equivalent to that of the average of thousands of normal children of the age of eight years. This will be a dependence rating, useful in comparisons. But there is no such simple and positive rating for emotional defect. The psychopathologist must, in his own mind, determine as closely as possible the extent of the defect. Possibly some time there will be a method of standard rating.

Finally dementia praecox is likely to be found in connection with defective intelligence. Here, it is obvious, we have the criminal type, or at least the potentially criminal type, for of course the environmental factor always exists as part of the equation. In the former report, Dr. Wm. J. Hickson3 used this language: "A defective intelligence is a misfortune; a defective affectivity a calamity, and a defective intelligence and affectivity a catastrophe."

The dementia praecox subject of low mentality living in a competitive environment has little chance, especially during adolescence, when appetites and passions are keen, to avoid criminality. Ordinary avenues to comfort and luxury-even to bare necessities, are closed; the victim cannot hold a job long even if he tries. He takes the

shortest course to satisfy his needs. This means some crime involving brutality. The choice of crime will depend largely on the intelligence factor. These victims of dementia praecox and feeble-mindedness break down early in life. They come into conflict with their environment usually at a tender age, as shown by Judge Trude's report on the Boys' Court. They usually have Juvenile Court records. Before they are seventeen they have been in a reformatory. Between the ages of seventeen and twenty they usually commit serious offenses. The best reformatory methods cannot check their drift toward criminality. For them some new institution is demanded, and we hope will be supplied by the 1921 legislature. The tables show cases sent to Pontiac (the boys' reformatory), cases sent there when the examination followed a first term, and also cases which served in Pontiac two or more times.

There is one phase of the Laboratory's work which has been growing in importance in the past two years. It arises from the tendency of police officers and others to gather in suspected persons, many of whom show signs of insanity. Since the Laboratory has not had a force adequate to meet all needs, it has frequently been necessary to favor these cases in making a selection among those offered.

22

The Laboratory has thus tended to become a clearing house for psychopaths of an active and menacing sort, and for victims of outspoken insanity and other potentially dangerous psychoses. In this connection interest attaches to a table filed with the last report, showing the nature and disposition of one thousand consecutive cases committed to the Psychopathic Hospital and to feeble-minded institutions and asylums after examination in the Laboratory. This list reveals the Laboratory in the role of an active social prophylactic agency.

A

great

deal more than social adjustment. There must be a great deal of crime prevention. Among these unfortunates are numerous cases of paranoia who are eased of their dangerous psychoses by timely treatment. We cannot gauge the benefits here precisely, but

there is reason to believe that there lies in this growing field a great deal of genuine crime prevention. Compared with the millions of dollars which it costs to send a few hundred criminals to prison each year, this side of the Laboratory work illustrates very clearly how one dollar spent in crime prevention accomplishes more than $1,000 spent in punishment or attempted correction after the crime has been committed.

As recently as three years ago there was still a considerable amount of skepticism and open opposition to the findings of the Psychopathic Laboratory. This was not only natural and unavoidable, but actually wholesome. If it were not for its ability to conquer adverse criticism, there could be but little authentic science. But considering the tremendous distractions of war time and the years that have followed, it is really astonishing that the main body of opposition has faded away in so short a period. There is only one phase of this which appears to deserve comment at this time, and that is imagined differences of opinion based mainly on difficulties of an unstandardized nomenclature.

Such disagreement as to terms has been common to all developing branches of science. It is easy enough for an unprejudiced observer to say: "First agree on the terms employed in your science; standardize them and thus narrow the field of controversy and make the issues definite." But this is something which cannot be done forthright, however desirable. Lack of agreement as to definitions must persist for a time. In such a comparatively concrete field as applied electricity, it was many years before investigators could agree upon a standard vocabulary. Until that time the language had to be what each writer conceived to be most appropriate. The uncertainty was finally

overcome by the adoption of arbitrary symbols, such as watt, ohm, ampere, free, in their new use, from traditional prepossessions.

The term "dementia praecox" is especially unfortunate, but we employ it because of its standard meaning in Euronean clinics where this disorder was first classified. Its derivation is unfortunate, and it had come to have a different meaning in American use. We have employed it, in part, for lack of any better term.

In Chicago the newspapers have adopted the use of the word "moron," which properly means a person limited in intelligence to the grades represented by average normal children between the ages of seven and twelve, to describe a psychopathic person with psychoses of sexual perversion. This is probably due to the lack of any other word short enough for a head-line. The perversion of the word must be combatted, even though we cannot supply any substitute which will serve the limitations of the head-line writer.

So far as we can judge, the former hostility on the part of "environmentalists" is rapidly waning. While stressing the importance of heredity, there has been at no time a disposition on the part of Dr. Hickson to deny or under-rate the importance of environment. Though viewed as a secondary factor, environment is always a part of the equation, and frequently may be the determining factor. To the student of biology there is no war between heredity and environment. Neither can be eliminated from the problem of defectiveness or crime.

When one says that there is no cure for mental defectiveness, he means that inherited maladjustment of any part of the brain cannot be rectified in the nature of things. But the consequences of such defect may be in a measure offset and minimized by control of environment. There still remain great and necessary steps for the saving of the individual and the protection of society. in which environment control, extending all

the way from hospital treatment or long prison terms to probation, is a main reliance.

There will always be crime because there will always be individuals whose inherent powers and reactions are far below the normal of social and legal standards. A raising of these standards automatically increases the number of delinquents. In our intensive civilization many acts are crimes which in a primitive society would be but little out of place and among savages rate as virtues.

But at the present time there is a great deal more crime than is necessary, especially of the more brutal kinds. All over the country we hear of crime waves. Even discounting the excess due to transitory causes following the war, there is left in the United States a great body of preventable crime. Attempts have been made to excuse this on the ground that lawlessness of all kinds is inseparable from political liberty. This reason fails when we compare our conditions and our crime statistics with such democratic countries as Switzerland, Norway and Canada.

The psychopathic laboratory in connection with a criminal court enables us to test practically the operation of penological theories to ascertain how they have actually worked in the cases of specific individuals. This is but carrying the scientific method into a new domain, comparable in principle with experimental tests made in recent years with respect to physiological theories. We have seen, in the latter field, how opinions, hoary with tradition and supported by many illustrious names, have been destroyed by simple practical tests carried out in the unprejudiced spirit of scientific inquiry. The scientific method has been by no means restricted, in practical investigation, to physiology. A vast new basis for the materials of industry has been created through analytic and synthetic chemistry -the work of the patient laboratory investigator-incalculably augmenting our wealth, in the past few decades. In such eminently practical, and equally scientific

fields as agriculture and animal husbandry a revolution has been worked; many inherited theories have been junked; others have survived and received scientific explanations, and many new reactions have been observed and given place in a scheme of natural law.

In method and purpose modern psychopathology now takes its place among these great studies for human advancement. Its laboratory is comparable with the laboratory of the physicist, the chemist, the metallurgist, the zoologist, the biologist; in broad terms its methods are identical. The material is intensively studied from every angle and classified in accordance with its nature and reactions.

Of course the par

ticular technique of the psychopathic laboratory is pecular to itself, having but little in common even with such a closely allied field as normal psychology.

Until recently, in our own country, at least, there has been no conveniently accessible body of material available for this study. The criminal court clinic and the segregation of defectives are of recent origin. The clinics are at present, and probably will for a considerable time be, more varied in material and more fruitful than the institutions for detectives, which are only just coming into being.

The keeping of precise, signed records by the Laboratory not only conserves personal responsibility, but also makes it possible to abstract information on any category, with individual figures and averages. It is possible, as illustrated by the numerous tables accompanying the earlier report. t: show the situation with respect to any class of offenses, or any age group, either sex, or any of the various types of defectives. By this means all the information acquired in routine work remains available for comparison and analysis criminology, and to some extent sociology, derives from this body of knowledge proved laws which can be relied upon.

The following are some of the deductions which appear justified by more than six

years of systematic and consistent intensive study, covering nearly 20,000 cases:

1. The entire crime problem is largely a problem of adolescence. Few serious crimes are committed by persons who have not revealed wayward conduct before attaining their majority.

2. The boys between the ages of sixteen and twenty-one who commit the more serious offenses are found to have records of conflicts or criminal conduct extending back to an early age. This emphasizes the need for identifying these individuals at the beginning of their careers if there is to be successful prevention of crime.

3. Until recently crime prevention has implied two things: first, enough patrolmen to make the commission of crime difficult; second, sentences to effect reformation and to deter potential delinquents. The first theory has some validity, but does not reach very far. The second has been seen to have a measure of falsity ever since correctional methods were applied. Knowledge of mental defectives explains readily why certain individuals are not deterred by the punishment of others, or even by their own punishment.

4. Crime prevention is now seen to imply control of that relatively small element, which because of mental abnormality, fails to react properly to correctional or punitive |

treatment.

5. The first step, obviously, is to identify and tag these individuals. The first preventive work will probably in time be that done among backward and incorrigible pupils in schools, both public and parochial.

6. The ordinary routine of confinements for short periods is wholly ineffectual in the cases of defectives. Reformatories can not really correct the essentially dangerous individuals, those having defective emotionality coupled with inferior intelligence. On the contrary, these individuals corrupt the purely feeble-minded inmates, making endless trouble for the managers. Such cases also tend to bring probation methods into disrepute.

7. In practically every case a serious offense is committed only by a person who has a record of lesser offenses. Serious crimes are committed between prison terms. Periodic liberation of the dangerous types is certain to result in failure.

8. With present experience continued instances of delinquency impute mental defectiveness, the nature of the offense usually defining the type of defect.

9. Real prevention implies the establishment of an institution, or possibly several for different grades, in which dangerous defectives can be segregated to receive appropriate treatment, largely of an occupational nature.

10. It is highly important that the intimate relation between delinquency and defectiveness be understood by all persons concerned with handling of delinquents, to the end that suspected cases be examined before being placed on parole from prisons. Many murders could be prevented by sending incorrigible boys from Reform Schools. to a farm colony, instead of releasing them to continue their hopeless careers.

11. The prevention of brutal crimes, which is the crux of the crime problem, must come through recognition of the problem as one of mental defect. Moral defects are embraced in this general term. Reform of rules of criminal procedure is a minor consideration. The problem is mainly that of psychopathic study and subsequent adminstration.

12. There is really nothing new in the situation except the means, through psychological and psychiatric means, to detect and classify mental defectiveness. It has been accepted for generations that some delinquents would be reformed through punishment, or correctional treatment, and that others would only be rendered more helpless. Until recently there has been no way to sort out the delinquents and apply appropriate kinds of treatment to the two classes.

The only way was to treat them all as reformable until such time as every means failed and a crime sufficiently crass was

MCLAUGHLIN, J. This appeal is from an order of the Appellate Division, Third Department, affirming, two of the justices dissenting, an award of the State Industrial Commission, made under the Workmen's Compensation Law (Consol. Laws, c. 67) to the widow of John C. Clark.

The facts, as found by the State Industrial Commission, are that Clark, for some time prior to his death, was employed as a salesman by William Voorhees, a wholesale dealer in fruit and vegetables. Early in the morning of May 30, 1918, Clark left his employer's place of business for the purpose of going to a restaurant between 400 and 500 feet away to get a cup of coffee. While in a public street going to such restaurant, and between 250 and 300 feet from the employer's place of business, he was struck by a motor truck carrying United States mail, and sustained injuries from which he died shortly thereafter.

The validity of the award affirmed by the Appellate Division is challenged by the employer and insurance carrier on the ground that the injuries which resulted in Clark's death did not arise out of and in the course of his employment.

I am of the opinion that the injuries which Clark received, and which resulted in his death, did not arise out of and in the course of his employment. The words "arising out of and in the course of the employment" have a clear and

definite meaning, and an award can be made under the statute only when the injuries arise out of both. Matter of Schultz v. Champion Welding & Mfg. Co., 230 N. Y. 309, 130 N. E. 304; Matter of Daly v. Bates & Roberts, 224 N. Y. 126, 120 N. E. 118; Matter of Heitz v. Ruppert, 218 N. Y. 148, 112 N. E. 750, L. R. A. 1917A, 344. This injury did not arise out of either. When the decedent left the employer's place of business for the purpose stated, and while walking in the street, he was not doing anything which he was employed to do; nor was it anything incident to or connected with the employment. It was no more a part of his employment than it would have been had he started for his own home for the purpose of get. ting his breakfast. The business of the em ployer ended when he got into the street. Armstrong, Whitworth & Co. v. Redford (1920), App. Cas. 757; Davidson v. M'Robb (1918), App. Cas. 304. While on the way to the restaurant he was engaged in his own personal affairs.

This court has recently held that, where an employee was injured while on his way to the place where he was to render service, such injuries did not arise out of the employment and were not connected therewith (Matter of Kowalek v. N. Y. Consolidated R. R. Co., 229 N. Y. 489, 128 N. E. 888; Pierson v. Interborough Rapid Transit Co., 184 App. Div. 678, 172 N. Y. Supp. 492, affirmed 227 N. Y. 666, 126 N. E. 920; Matter of Schultz v. Champion Welding & Mfg. Co., supra), also where a workman left the employer's premises to go to his home for dinner (Matter of McInerney v. Buffalo & S. R. R. Corp., 225 N. Y. 130, 121 N. E. 806), and where a workman stopped work and went of his own volition to another part of the building in which he was employed, to speak to an employee who was about to leave the place (Di Salvio v. Menihan Co., 225 N. Y. 123, 121 N. E. 766.

The conclusion thus reached renders it unnecessary to pass upon the other questions raised by the appellants.

The order of the Appellate Division and award of the State Industrial Commission should be reversed, and the claim dismissed, with costs against the Industrial Commission in this court and in the Appellate Division. Order reversed, etc.

NOTE.-Street Accidents as Compensable Under the Workmen's Compensation Acts. In regard to injuries received by employees while using the public streets and highways in the course of their employment, the courts have not formulated any rule of value for determining whether or not the accident or injury arises out of the employment. Many courts have adopted the rule that