[Contents]

V.

G. Mayr.

The statistical data that form the basis of Dr. Mayr’s “Statistik der gerichtlichen Polizei im Königreiche Bayern und in einigen anderen Ländern” are different from those used in similar works. For, while generally only the number of crimes whose authors have been convicted, or that of delinquents punished, are considered, Dr. Mayr is of the opinion that to obtain a true picture of the morality of a people, it is necessary to take into account the number of crimes known to the police. “If we wish really to form an exact picture of [39]the moral condition of a people, we must first of all ask ourselves the question, how great is the number of the cases of crimes of different kinds that are of common notoriety, before we ask how great is the number of the individuals who are convicted of these crimes. The immorality of a people is determined not by the number of individuals convicted, but by the number of crimes committed; else that people would be most moral in which no offender ever let himself be caught, even if more crimes were committed there than elsewhere.”10

Bavaria.

The results of Dr. Mayr’s researches in regard to crime in this country are shown by him in a number of charts.11

Cis-Rhenal Territory. A comparison of the curves for crimes against property and those for crimes against persons shows us that the first descends as the other ascends, and vice versa. In seeking for the causes we find that in general the motives for the latter class of crime are, among others, coarseness, passion, and dissoluteness, while that of the first kind of crime is the desire to secure objects for direct use. The more difficult it is to gain a livelihood in a lawful manner, the more this tendency will develop.

According to the author, the fluctuation in the price of grain is one of the most important factors bearing upon criminality. And indeed, in examining his nine statistical charts the connection between the high or the low cost of grain, and the great or the small number of offenses against property comes out clearly. The curve for offenses against persons, on the other hand, falls when the price of grain rises, and vice versa. The improvement of living conditions, both subjectively (through having the means to purchase the necessaries) and objectively (through a fall in prices) must consequently exercise a considerable influence upon criminality. This is seen very well in the last years of the period 1835–61, when the price of grain was low, and wages very generally increased. Hence, from 1857 on, there was an increase in the crimes against persons, and a decrease in the crimes against property.

It ought to be remarked here that however just in itself Dr. Mayr’s [40]observation may be, we must beware of drawing the erroneous conclusion that those who feel most strongly the influence of the fall of prices and the rise in wages must necessarily, according to a law of nature, commit crimes against persons. This is true only for gross and uncultivated individuals who do not know how to occupy their leisure. But the degree of civilization of an individual depends above all upon the economic conditions under which he was placed by his birth. There are, then, economic causes for both kinds of crime.

Upper Bavaria. This district shows a higher figure for crime than any other province in Bavaria. It is especially the great increase since 1857–1858 that is most striking, and which is explained at least partially by the application of another system of examining offenses. The increase in the number of crimes against the person is the consequence of prosperous years, while the high figure for crimes against property is explained by the great influx of individuals from neighboring districts, who, from an economic standpoint, were not independent. In the period from 1837 to 1864 the population increased 49,128 by birth, and 66,299 by immigration.

Lower Bavaria. The connection between crimes against property and the price of grain is weaker in this province than in any of the others, because of its great production of cereals, which, for the most part, are destined for home consumption.

The upper Palatinate, Upper, Central, and Lower Franconia, and Swabia, all give convincing proofs of Dr. Mayr’s thesis, though in Franconia the truth is less apparent through the fact that bad years brought increased emigration, which cut down the normal increase in the number of crimes.


Where he treats of the different forms of crime, we read the following remarks, which are of interest in connection with our subject: “As we have just seen, crimes against persons increase when the price of grain goes up. We must except from this rule, however, two kinds of crime: infanticide and abortion.” The first of these crimes reached its maximum in the critical years 1854–55, and the second in 1853–1854.

As a proof of the coincidence of the fluctuations of crimes against property with those of the price of grain in the period preceding that which he studied especially, Dr. Mayr gives the following table: [41]

Years. Number of Crimes against Property to 100,000 of Population. Price of Rye in Munich.
District of the Isar. District of the Lower Danube.
1818/19 138 8 fl. 15 kr.
19/20 148 6 31
20/21 233 157 7 28
21/22 297 200 7 58
22/23 267 195 7 57
23/24 276 6 2
24/25 295 166 6 59
25/26 317 157 6 18
26/27 315 144 6 55
27/28 463 241 11 11
28/29 416 234 11 6
29/30 401 216 10 48
30/31 427 264 11 12
31/32 530 302 12 35
32/33 493 313 8 21
33/34 318 8 42
34/35 487 318 7 47

In chapter IV (“Zahl und Bewegung der Polizeiübertretungen im Gebiete diesseits des Rheins”) Dr. Mayr gives some interesting information with regard to thefts of wood. The following table gives the figures for these crimes in this district compared with the others:

Above the Average
(Cis-Rhenal Territory).
Below the Average
(Cis-Rhenal Territory).
The Upper Palatinate 18 % Central Franconia 1 %
Upper Franconia 80 %,, Swabia 63 %,,
Lower Franconia 178 %,, Upper Bavaria 99.2 %,,
Lower Bavaria 99.5 %,,

The great difference between these figures is explained by the fact that in Lower Franconia only a quarter of the woods are privately owned (the rest belonging to corporations, etc.). In Upper Bavaria the private forests are 92%, and in Lower Bavaria 96½% of the whole. Besides, the price of wood is very high in Lower Franconia. Once more, then, economic conditions are the cause of crime.


Upon the movement of the figures for mendicity Dr. Mayr remarks that they are strongly influenced by the cost of the primary necessities. “The parallel movement of the food-price and mendicity offers little to astonish us if we learn from the statistics of crimes that the [42]objective difficulty or ease of getting food resulting from the fluctuations in price, exercises a direct influence upon increase and decrease of serious crimes against property. It is explicable that only a small portion of individuals who become economically dependent proceed to serious crime, while the majority fall into the minor misdemeanors involved in a living obtained through begging and vagrancy. The same force that appears in the increase and decrease of attacks upon property, must consequently appear much more intensively in the fluctuations of mendicity and vagrancy.”

Bavaria.12

Years. Price of Rye Number of Mendicants and Vagrants Arrested to 100,000 of the Population.
Cis-Rhenal Territory. Palatinate. Bavaria. Palatinate. Upper Palatinate. Franconia. Swabia. The Kingdom.
fl. kr. fl. kr. Upper Lower Upper Central Lower
1835/36 6 53 8 17 2696 1558 1542 1952 2165 1348 665 1456 1685
1836/37 7 31 10 26 2100 1839 2075 2277 2421 1229 711 1262 1727
1837/38 10 18 12 21 2065 2483 2472 2233 2255 1438 639 1306 1842
1838/39 11 30 13 40 2232 1989 2056 2076 2195 1435 519 1640 1771
1839/40 10 35 12 6 2032 1805 2238 2111 2584 1233 515 1829 1781
1840/41 8 49 10 4 1887 1608 1845 1711 1810 1006 410 1531 1467
1841/42 9 14 12 39 1777 1318 1878 1625 1814 1008 434 1599 1433
1842/43 14 10 15 19 1810 1757 2479 2365 2679 1450 615 2177 1893
1843/44 14 1 10 28 1905 1690 1970 2286 2264 1475 475 2151 1758
1844/45 15 15 13 30 1857 1698 2411 2364 1412 1119 423 1722 1622
1845/46 19 53 21 45 2182 1836 3528 2856 1447 1475 535 2332 2033
1846/47 21 36 22 44 2902 2166 4276 3757 1904 1850 949 2586 2584
1847/48 10 12 10 22 1916 1635 2704 2290 1348 1364 548 1985 1746
1848/49 7 34 8 46 2269 1439 2555 1360 1015 1270 586 1545 1563
1849/50 7 57 8 57 2346 1528 2801 1782 991 1351 716 1893 1686
1850/51 12 20 13 10 2213 1790 3269 1734 1096 1294 1002 2023 1845
1851/52 17 53 15 57 2927 2243 4562 3030 1637 2274 2236 2969 2705
1852/53 17 39 17 46 2572 1918 5010 2289 2017 1795 2165 2535 2592
1853/54 23 38 24 13 2932 2097 5854 2983 2127 2282 2894 2671 3027
1854/55 23 19 23 38 2964 2591 5026 3326 2470 2215 2831 2804 3229
1855/56 17 45 22 2 2423 1817 4637 2367 2050 1595 2515 1939 2443
1856/57 15 26 18 5 2157 1724 3265 2059 1176 1412 1931 1435 1922
1857/58 12 31 12 58 1956 1237 2595 1537 588 974 1621 1203 1505
1858/59 10 28 12 13 1949 1170 2309 1334 462 497 940 1029 1255
1859/60 11 45 15 15 2084 1219 2622 1538 525 890 994 1105 1419
1860/61 14 8 16 19 2055 1304 2580 1318 484 720 750 1069 1336
Average 13 35 14 44 2234 1741 3083 2155 1649 1388 1120 1842 1920

[43]

England.

In speaking of the influence of economic conditions upon mendicity Dr. Mayr gives the following table:

England and Wales.

Years. Price of Wheat (Quarter). Number of Vagrants.
sh. d.
1858 44 2 22,559
1859 43 10 23,353
1860 53 3 22,666
1861 55 4 24,001
1862 55 5 ½ 29,504
1863 44 9 33,182
1864 40 2 31,932

However, in this case the increase of mendicity does not rest upon the high prices alone, but also upon the crisis which, owing to the depression of the cotton industry from 1860 on, lowered the plane of living of hundreds of thousands of workers, or drove them into the street.

England and Wales.

Number and Kind of Cases Tried by Jury.

Years. Offenses against Persons. Offenses against Property with Violence. Offenses against Property without Violence. Forgery and Counterfeiting. Violent Attacks against Property. Other Total.
1858 14 29 233 13 2 .5 4 .5 296
1859 13 22 209 11 3 5 263
1860 11 20 207 8 .5 2 .5 4 253
1861 12 25 200 8 .5 2 .5 4 252
1862 12 .5 28 203 9 .5 3 6 262
1863 14 .5 26 194 9 3 .5 7 254
1864 15 24 190 6 .5 3 .5 7 246
Average 13 25 205 9 3 5 260

Here the influence of the fall of prices is distinctly seen; offenses against property have decreased, those against persons, on the contrary, have increased. [44]

England and Wales.

Total Offenses Tried by Jury, and Offenses not Specified.

Years. Assaults upon Persons to 100,000 of the Population. Attacks upon Property without Violence to 100,000 of the Population.
1858 439 439
1859 438 399
1860 399 392
1861 383 415
1862 403 433
1863 436 392
1864 469 365
Average 426 405

The great fall in the price of grain in 1863–1864 is once more accompanied by a diminution of the offenses against property, and an increase in those against persons.

We might conclude from this table that the remark concerning crimes against property and those against persons is not applicable, since in 1858 the number of crimes against property was very high, notwithstanding the reduced price of grain. Here is Dr. Mayr’s explanation of it:

“The reason must be the following: The occasion for high spirits to be found in improved living conditions follows immediately upon any such improvement, and disappears at once when times grow worse. For this reason the fluctuation in attacks upon persons harmonizes exactly with the fluctuation in the price of food. The effects of hard times are only partially such as lead to punishable offenses; in most cases economic ruin occurs first, which leads only after an interval to attacks upon property. For this reason the effects of hard times continue to manifest themselves at a time when the hard times themselves are already practically over. This is the explanation both of the great number of attacks upon property in the year 1857, when the effects of the immediately preceding hard times were making themselves felt, as well as the gradual increase in the number of attacks against property in the years 1860–1862.”13 [45]

Number of Persons against whom Action was Brought for Abandonment.

Years. To 100,000 of the Population.
1858 20
1859 18
1860 17
1861 21
1862 21
1863 19
1864 18
Average 19

The fall in the price of grain in 1863–1864 was accompanied by a diminution in the number of crimes of this kind.

Violations of the Vagrant Act to 100,000 of the Population.

Years. Prostitutes. Mendicants. Without Means of Existence. Furnished Burglar’s with Tools. Presence in a Closed Building with Criminal Intent. Presence in Public Places with Criminal Intent. Incorrigible Vagabonds. Other Offenses against the Vagrant Act. Total.
1858 51.4 50.2 18.9 0.3 14.2 18.0 2.0 13.0 168
1859 37.1 39.2 15.9 0.3 12.2 12.7 1.6 12.0 131
1860 33.6 37.9 15.2 0.2 11.5 10.1 1.2 9.4 119
1861 35.4 41.3 17.7 0.4 12.5 11.7 1.2 10.7 131
1862 41.4 55.4 20.1 0.4 14.0 14.5 2.1 12.8 161
1863 39.2 52.9 18.6 0.2 13.3 15.3 2.5 15.5 157
1864 35.8 46.0 18.0 0.2 13.3 14.8 2.2 12.7 143
Average 39.7 46.1 17.7 0.3 13.0 13.9 1.8 12.3 144

The maximum number of infractions of the Vagrant Act took place in 1858, when the harmful consequences of the rise in the price of grain, which took place immediately before, were still making themselves felt. The increase in 1861–1862 was the result of the high price of wheat, and of the crisis in the cotton industry. [46]

France.

Years. Arrests in the Department of the Seine to 100,000 of the Population. Average Price of Grain per Hectolitre.
1855 1222 fr. 29.37
1856 1170 30.22
1857 1169 23.83
1858 1154 16.44
1859 1008 16.69
1860 1074 20.41
1861 1128 24.25
1862 1250 23.24
1863 1133 19.78
1864 1158 17.58

Here also the influence of price makes itself felt.

The following table gives the number of persons arrested in the department of the Seine, grouped according to the alleged crimes, and compared with the price of wheat. Group I contains offenses against the public order; Group II, offenses against persons; Group III, offenses against morals; group IV, offenses against property; Group V, miscellaneous. Taking 100 as the average figure for the price of grain as well as for crimes in the economically favorable years 1858–59, the proportion is as follows:

Years. Price of Wheat. I. II. III. IV. V. Total.
Total. For Vagabondage. For Mendicity. Total. For Assault.14 Total. Simple Theft.
1855 178 128 122 148 76 72 100 102 116 106 113
1856 182 117 118 114 81 80 104 106 121 92 108
1857 144 119 127 117 82 81 98 101 114 100 108
1860 123 96 90 134 103 106 100 110 123 80 99
1861 146 95 99 105 95 96 131 116 124 103 104
1862 140 120 128 147 94 98 108 116 131 108 116
1863 119 112 119 186 90 94 92 101 114 97 105
1864 106 115 124 176 84 87 85 111 123 84 107

[47]

Here it is to be observed:

a. that the movement of mendicity and vagrancy is not in direct correlation with that of the price of grain.

b. that Group IV shows only a slight correlation with the price of grain, since there are included in it many crimes whose causes are not of an economic nature.

c. that during the last years of this period the increase of crimes against property was greater than the figures for the price of grain would lead one to suppose; a fact which is explained, according to Dr. Mayr, by the lack of work resulting from the war of secession.

The law that crimes against persons increase with the fall of prices is confirmed by these statistics.