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ment.

Under the present laws the convicts are prohibited from
engaging in any manual labor which can possibly come into conflict
with free labor, and for several years no brick or cut stone for uses
outside of the institution itself have been manufactured by the con-
victs. The roads and streets in the locality in which the penitentiary
is situated would afford ample opportunity for the employment of
large numbers of convicts, that would prove equally beneficial to the
institution and the public at large.
6 Ja 05, p.9
Del. Hunn. "Whether a state workhouse, or one for each county
should be provided for by the General Assembly, is a question upon
which there is a considerable variety of opinion, but there is great
unanimity, however, as to the fact that convicts should be made to
labor in some fashion. . ."
3 Ja 05, p.21

"

d Id. Gooding. Employment for convicts should be provided.
5 Ja 05, p. 9-10

e

Kan. Hóch. "From the report of the warden of the penitentiary you will learn that that institution is self-sustaining.

10 Ja 05, p.15

f S. D. Herreid. "The enforced idleness of prisoners is both cruel
and demoralizing. . . I earnestly recommend such legislation as
will in the near future, provide profitable employment for the prison-
ers of the State Penitentiary."
3 Ja 05, p.40-41

g Tenn. Frazier. "Our system provides for working the convicts
in the state's coal mines at Petros, on the farm adjacent to the
main prison near Nashville, and in certain lines of manufacturing
inside the prison walls. . . their earnings for the past two years
have not only been sufficient to maintain them without cost to the
taxpayers, but, in addition thereto, the net profits have been nearly
or quite sufficient to reimburse to the state the entire cost of criminal
prosecutions.
3 Ja 05, p.11

a Cal. Pardee. ".
Folsom Prison has no productive industry
except the crushing and sale of macadam rock, which has returned a
profit of only a few thousand dollars a year, and even this business is
now threatened by the exhaustion of the quarry.
At San
Quentin the jute mill gives employment to about 800 of the 1500
prisoners, and runs at a profit, ordinarily, of $40,000 or $50,000 a
year.
It seems probable that the best solution of the prison
labor problem will be found in the New York system of manufacturing
necessary articles for state institutions, whereby employment can be
diversified, and at the same time direct competition with free labor
be avoided."
2 Ja 05, p.34-35

356

a

b

Contract and lease system

Fla. Broward, 4 Ap 05, p.31-36.
Ind. Durbin. ". . Two years ago I called into conference
a number of gentlemen, representing both manufacturers and wage
earners, and after much discussion and consideration, no satisfactory

354-56

356-57

d

e

357

a

b

C

N. Y. STATE LIBRARY GOVERNORS MESSAGES 1905

Or. Chamberlain.

substitute for the contract system as controlled and supervised in
Indiana could be determined upon, and personally I doubt if one can
be devised.
6 Ja 05, p.27
I suggest the appointment of a com-
mittee to inquire and report as to the propriety of renewing the present
contract, and if renewal is deemed advisable, what changes, if any,
should be made in the terms thereof. . .
II Ja 05, p.19

Vt. McCullough. "The present contract for the labor of prisoners in the State Prison will terminate by its own limitation May 1, 1906. Under this contract the state is paid seventy five (75) cents a day for each able-bodied man." 6 O 04, p.13-14 Wis. La Follette. During the biennial term the old contract for the employment of prisoners expired and a new contract was made by which the earning power of each prisoner has been increased 15 cents per day. Objections are urged by labor unions, to the employment of prison or other state labor upon contract where the products of such labor go into open market in competition with labor generally. . . It would seem that the amount of the product so placed upon the market . . . can not appreciably affect the scale of wages in any outside employment.

County and municipal convicts

12 Ja 05, p.88

Ct. Roberts. ". The reports of the county commissioners, for the year ending June 30, 1904, show that the state paid $109,971, while the receipts from the prisoners' earnings amounted to but $16,874, or about 15% of the state's contribution. . . I suppose at least 90% of the persons sent to jail are physically capable of earning their support. They should be furnished with something to do and then made to do it. . ." 4 Ja 05, p.26-27

Fla. Broward. "An investigation will show that at least 75% of the complaints in regard to the treatment of convicts has come from camps where the county convicts are worked or leased. Some measure should be provided which shall remedy this evil, and provisions for the inspection and proper care of all county convicts and convict camps should be made mandatory upon the county authorities..." 4 Ap 05, p.36 Ga. Terrell. If all misdemeanor convicts are not to be worked upon the public roads, or other public works, as the law directs, then those who are not so employed should be put under control of the commission, which body should be authorized to sell their labor as that of felony convicts is sold, the proceeds to go to the counties in which they are convicted, to be applied as now provided by law. Such legislation would not only tend to improve the condition of the convicts, but would remove all grounds of criticism that chain gangs under control of private individuals, with only nominal county supervision, are in violation of state or federal laws."

28 Je 05, p.19-20

CRIMINAL LAW CORRECTIONS

358-60

358

a

b

359

Roads

Del. Hunn. Use of convict labor on roads and streets recom-
mended.
3 Ja 05, p 21-22
Or. Chamberlain.
Before becoming intimately ас-
quainted with the kind and character of men confined in the peni-
tentiary in this state I inclined to the opinion that all or nearly all of
the convicts might be utilized upon the public highways, and under
certain conditions, limitations and restrictions this might be feasi-
ble. . . With us, it is safe to say, that a small percentage of those
confined in the penitentiary could be intrusted outside the walls
without a strong force of well armed guards and steel portable cells in
which to confine them when not at work. . . I have thought it would
be wise to appropriate a sum of money as was done two years ago for
the improvement of some of the roads in the neighborhood of the State
Capitol, utilizing as far as possible convict labor in conjunction with
such facilities as the county authorities would furnish. . . In
addition to this, a law might be passed providing for utilizing some
of the convicts upon the public roads on the requisition of any county
desiring them, the cost of maintenance to be paid by such county. . .”
11 Ja 05, p.20-21

Disposition of goods

a Ill. Yates. "The consensus of the opinion of a legislative com-
mittee appointed from the Board of Prison Industries by that board,
is, that it is wise that an amendment should be made to the present
law providing that after all articles which can practically be manu-
factured, have been furnished to the state and its subdivisions, that
then the surplus product then remaining over shall be sold in the open
market, under such regulations and restrictions as may be deemed
advisable.
I would be reluctant to recommend this change

in the law.
4 Ja 05, P.44
b Ill. Yates. 'A strict enforcement of the letter of the law would
require every official of the state, except those whose printing is fur-
nished by the Commissioners of State Contracts, to secure all books,
blanks, and other printing from the Board of Prison Industries.
To enforce this law as it now stands, would not only bring great
financial loss upon the owners of these printing offices, but it would
force out of employment, or drive to other places, the skilled me-
chanics now employed.
4 Ja 05, p.45
Kan. Hoch. ".
I wish to indorse the recommendation of the
Board of Directors that each state institution shall pay cash for what
it receives from each other state institution, 'as it would,' to quote
their language, 'more clearly show the correct receipts and expen-
ditures of each one.'
10 Ja 05, p.15

360

Special industries

a Ill. Yates. "The officials of the Southern Penitentiary, after investigation of the subject, will, in the near future, if the present

360

N. Y. STATE LIBRARY

GOVERNORS MESSAGES 1905

b

d

e

f

g

h

law can be amended as to permit it, instal a binder twine plant.

4 Ja 05, P.44 Kan. Hoch. The [state twine] plant has already paid for itself and has money left to its credit, but this is not the most important fact concerning it. It has materially affected the price of twine, to the advantage of the farmer, in every local market of the state." 10 Ja 05, p.16

Minn. Van Sant. ".

Mass. Douglas. "Many of the short-term men in the county houses of correction might be employed in reclaiming waste and unimproved lands, a labor which will never be invested from any other source. This experiment is now on trial by the state at Rutland, and has been successfully tried at the State Farm at Bridgewater. . ." 5 Ja 05, p.42-43 Conservatively estimated the twine plant has profited the state to the extent of over one and one half millions of dollars. 4 Ja 05, p.13 Minn. Johnson. "For a number of years the state has maintained a plant at the State Prison for the manufacture of binding twine. It is a profitable source of employment for our convict labor, and in addition thereto, is of great benefit to the farmers of the state by giving to them cheaper binding twine. . It might be a source of economy to engage a portion of this labor in the manufacture of shoes and clothing for the inmates of our other public institutions, but aside from this, I believe it would be wise, economical and profitable, to extend the twine plant to such an extent as to provide employment for the remainder. 4 Ja 05, p.11-12

S. D. Elrod. "At the earliest date possible, a twine plant should be established at the penitentiary, for three reasons. First, it would give useful employment to the prisoners; second, it would reduce the cost of twine to our farmers; and third, with careful management, it will put money into the state treasury instead of taking it out.

3 Ja 05, p.5 Tenn. Frazier. "The last General Assembly authorized the Prison Commissioners, by and with the consent of the Governor, to purchase 15,000 acres of coal lands for the state. . . The number of acres authorized to be purchased should be increased to 25,000. The present policy of working the state's. prisoners in coal mines has proven profitable and satisfactory from every standpoint. . .”

3 Ja 05, p.16

Tex. Lanham. "As provided by chapter 34, acts of the 28th Legislature, the sum of $150,000 was appropriated for the rehabilitation, enlargement and thorough testing of the iron industry, for many years conducted in connection with the Rusk Penitentiary, and to erect and equip a modern furnace and necessary appliances for the manufacture of pig iron and kindred products. . The output of iron and pipe is satisfactory both as to quality and quantity and the demand therefor sufficient to give every assurance that the plant will soon become more than self-sustaining and be able to

361-70

361

b

largely reimburse the state for the heavy expenditures incident to
its reestablishment and more thorough equipment.

Criminal insane

.

12 Ja 05, p.21

a Or. Chamberlain. There are now confined in the insane asylum
about 15 insane convicts. . . Sufficient money should be appro-
priated to fit up, with regulation cells to guard against escape and to
secure isolation, a portion of one of the wings and enclosures of the
asylum."
II Ja 05, p.22
Tenn. Frazier.
Some provision should be made by
proper legislation by which the Governor, upon proper and satis-
factory evidence of insanity, could have such insane prisoners trans-
ferred to an asylum for the insane where they could be properly
treated, and if restored, returned to the State Prison." 3 Ja 05, p.19
W. Va. White. ". . . I . . recommend that at one of
the two hospitals for the insane a small ward or building should be
set apart and properly equipped for the confinement and care of the
criminal insane.
II Ja 05, p.45

C

d

363

"There is no provision for the confinement of

Wis. La Follette.
the criminal insane.
separate maintenance."

367 Discharge

a

System of sentencing and reform

Tenn. Frazier. "As each prisoner is released he should be given a small sum of money sufficient to keep him from actual hunger and want for a few days, till he could find friends or employment.

370 Indeterminate sentence

a

3 Ja 05, p.17-18

Mich. Bliss. "The indeterminate sentence act, while most of its ambiguous statements have been made plain by decisions of the Supreme Court, should be amended to accord with the principle on which the law is founded, in that the sentence in all cases except those which the court may impose for life or any number of years, shall be a general sentence and dependent alone on the terms stated in the statute under which the proceeding is brought. To make this more effective, and for the securing of greater safeguards, there ought to be a redetermination of the minimum and maximum of sentence in many of the laws constituting the criminal enactment."

5 Ja 05, p.13 b Or. Chamberlain. Every sentence of a person to the penitentiary, except of one sentenced to life, should be indeterminate. But a prisoner convicted more than once of a felony should be ineligible for either an indeterminate sentence or a parole. II Ja 05, p.37 S. D. Elrod. "We recommend that you provide for the indeterminate sentence of convicts. 3 Ja 05, p.5

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