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4. THE PUBLIC-ACCOUNT SYSTEM.-Under this system penal or reformatory institutions carry on the business of manufacturing, or other industries, like private individuals or firms, buying raw materials and converting them into manufactured products, or producing agricultural crops, which are sold in the best available market, the entire proceeds and profits accruing to the State, its political subdivisions or institutions.

5. THE STATE-USE SYSTEM.-This system is similar to the publicaccount system in all respects except that the products of the convicts' labor, manufactured from raw materials purchased by the institutions and under the sole direction of prison officials, or produced in agricultural or other employments, are used in penal, reformatory, or other public institutions, instead of being sold to the general public.

6. THE PUBLIC-WORKS-AND-WAYS SYSTEM.-Under this system the labor of convicts is utilized in the construction or repair of public roads, bridges, buildings, and other public works and ways.

ART. A. THE CONTRACT SYSTEM.

The following statement gives synopses of the laws of each State authorizing the employment of convicts under the CONTRACT SYSTEM. (For definition, see p. 171).

ALABAMA.-Code of 1896, secs. 4463, 4498, authorize the hiring or employment of State convicts at such labor, in such places, and under such regulations as may be prescribed by the proper authorities, having in view the end of making the system self-sustaining; and the making of contracts "for the hire of the labor" of State convicts by the day, month, year, or terms of years, the State in such cases controlling and supporting the convicts.

ARKANSAS.-Digest of 1894, secs. 5499 (as amended by Act No. 20, extra session of 1897), 5502, 5504, and 5509, authorize the employment of State convicts under the contract system, either inside or outside the prison walls, the State to retain the control, management, and discipline of the convicts, and "to direct how, at any and all times and under all circumstances, its convicts shall be lodged, fed, clothed, guarded, worked, and treated;" but no contract shall be made for any such convict labor if equally remunerative employment can be furnished by the State, so as to work the convicts on State account.

COLORADO.-Mill's Annotated Statutes, secs. 3425, 3435, and 3436, and Acts of 1897, chap. 5, provide that penitentiary convicts are to be worked to the best advantage of the people of the State; that their labor may be hired out, to be worked under the superintendence of the warden, and, if outside the prison walls, under the custody of a guard or overseer of the penitentiary; but no labor shall be performed by the convicts off the grounds belonging to the penitentiary, except such as may be incident to the business and management thereof.

CONNECTICUT.-General Statutes of 1888, sec. 3355, prescribes regulations under which fifty or more State convicts may be employed, "by contract or otherwise, at any trade or occupation."

IOWA.-Code of 1897, sec. 5702, authorizes the making of contracts for the labor of convicts confined in the State penitentiary at Fort Madison for terms of not longer than ten years.

KANSAS.-Acts of 1891, chap. 152, secs. 34, 35, and 39, authorize the making of contracts for the hiring out of the labor of State convicts

for terms not exceeding six years, to the highest bidder, at not less than 45 cents per day per convict, the State retaining full control over them, and no labor to be performed outside the prison grounds.

KENTUCKY.-Acts of 1898, chap. 4, secs. 13, 15, and 17, provide for the making of contracts for the labor of penitentiary convicts with one or more contractors, the hiring to be per capita, for a term of not more than four years, with privilege of renewal; the contractor shall be entitled to the use of the various shops, and the power therein, belonging to the State; the prisoners hired shall remain under prison police and government; the contractor may be permitted to introduce such machinery as may be necessary to the conduct of his business or manufacturing in the prison.

LOUISIANA.-Constitution of 1898, art. 196, prohibits the leasing of convicts to work anywhere except on public works, or on convict farms, or in manufactories owned or controlled by the State. This provision, which is to go into effect after existing leases expire, implies the contract system as at least permissible.

MAINE. Revised Statutes of 1883, chap. 80, sec. 29, authorizes the making of “necessary and proper contracts for the carrying on of manufacturing or other industry" in county jails in behalf of the county.

MARYLAND.-Public General Laws, sec. 406, authorizes the directors of the State penitentiary to enter into such contracts as they may deem proper for the employment of the convicts therein.

MASSACHUSETTS.-Acts of 1897, chap. 412, sec. 3, authorizes the employment of convicts under the contract system, or under the pieceprice system, in the industry of cane seating and in the manufacture of umbrellas. (The contract system had previously been abolished by Acts of 1887, chap. 447, sec. 1.)

MICHIGAN.-Acts of 1893, No. 118, makes provision for the employment of convicts in the State prisons and State house of correction and reformatory, superseding previous laws that provided for the contract system, and in effect doing away with such system, but providing that existing contracts made under prior laws shall not be affected. Inasmuch as contracts for convict labor were authorized by prior law for periods of ten years, and may have been made just prior to the adoption of the act of 1893, the contract system may be still in operation in the institutions named.

MISSOURI.-Revised Statutes of 1889, sec. 7238, authorizes the making of contracts for the employment of penitentiary convicts for periods not exceeding ten years, under such terms and conditions as may be deemed for the State's best interests, the labor to be performed within the prison walls. Such contracts are to be made after advertisement calling for bids for the unemployed convict labor; but contracts already in existence may be renewed without advertising. Other sections provide that the discipline and maintenance of the convicts are to be under the direction of the State.

NEBRASKA. Acts of 1897, chap. 75, sec. 16, provides that the labor of such penitentiary convicts as can not be utilized to advantage in the manufacture of articles for use in the prison and other State institutions shall be "let out" by contract for a term not exceeding three years at any one time or for any one contract, the convicts to remain in the custody, control, discipline, and safe-keeping of the prison authorities and to be provided with board and clothing thereby.

Compiled Statutes of 1895, secs. 7260 and 7261, direct that contracts shall be made for the employment in a profitable manner of convicts in county jails, under such regulations and provisions as shall be prescribed by county authorities, who shall provide for their safe custody while employed under such contracts and pay for their board and other expenses incident to their labor out of the proceeds thereof.

NEVADA.-Acts of 1893, chap. 91, sec. 1, authorizes the renting or hiring out of any or all the labor of the convicts in the State prison. NEW HAMPSHIRE.-Public Statutes of 1891, chap. 285, sec. 5, paragraph VI, authorizes the governor, with the advice of the council, to make contracts for the support and employment of State-prison convicts.

NEW JERSEY.-General Statutes of 1896, pp. 3167-8, secs. 15 and 18, authorize the hiring out by contract of the labor of prisoners in the State reformatory to the best bidder after public advertisement.

NEW MEXICO.-Compiled Laws of 1897, sec. 3518, provides that the labor of penitentiary convicts may be hired out, to be worked under the control of the superintendent of the penitentiary.

OREGON.-Act of February 23, 1895 (Acts of 1895, p. 40), authorizes the making of contracts with any person, firm, or corporation for the labor of penitentiary convicts, at a compensation of not less than 35 cents per day per convict, for any period of time not exceeding ten years, the labor to be performed within the penitentiary, or the inclosure thereof, under the general charge and custody of the prison officials. RHODE ISLAND.-General Laws of 1896, chap. 285, sec. 39, and chap. 289, sec. 14, authorize the employment of prisoners in jail or in the State prison for the benefit of the State, "in such manner, under such contract, and subject to such rules, regulations and, discipline" as the board of State charities and corrections may make.

General Laws of 1896, chap. 291, sec. 10, authorize the State board of charities and corrections to make such contracts as they may deem proper respecting the labor of inmates of the penal and reformatory institutions of the State.

SOUTH CAROLINA.-Revised Statutes of 1893, Part V, sec. 574, authorizes the authorities of the State penitentiary "to make contracts for the performance of specific work, such work to be done entirely under the direction and control of the officers of the penitentiary."

SOUTH DAKOTA.-Compiled Laws of 1887, secs. 7714-7720, authorize the contracting of the labor of penitentiary convicts, together with shoproom, machinery, and power, after due advertisement, for periods not exceeding five years at any one time, subject to cancellation after six months' notice to the contractor, the convicts to be worked under the general supervision and government of the prison authorities.

TENNESSEE.-Acts of 1897, chap. 39, authorizes the making of contracts for the labor of penitentiary convicts not otherwise employed with any persons, firms, companies, or corporations desiring to carry on a manufacturing or other business within the penitentiary walls. Contracts are to be made so as to yield the greatest possible revenue to the State, and convicts employed thereunder are to be at all times under the care and supervision of the prison authorities.

Acts of 1897, chap. 125, sec. 31, provides for the employment under contract of "able-bodied shorter-time convicts" at branch prisons outside of the penitentiary walls.

TEXAS.--Revised Statutes of 1895, arts. 3654, 3655, and 3709, authorize the establishment of the contract system in the State penitentiaries, the convicts employed thereunder to remain under the control, discipline, and management of the prison authorities.

VERMONT.-Statutes of 1894, sec. 5188, provides that the directors of the State prison and house of correction may contract, for not exceeding five years, to any person the labor of all or part of the convicts in said institutions, in such manner and on such terms as they shall judge best for the State; but such contracts shall not interfere with the management and discipline of the convicts.

VIRGINIA.-Code of 1887, sec. 4130, authorizes the employment of penitentiary convicts in "executing work under contract with individuals or companies."

WEST VIRGINIA.-Acts of 1893, chap. 46, secs. 28 et seq., authorize the making of contracts for the labor of penitentiary convicts, together with the necessary steam power for operating machinery which contractors are required to supply. The contracts are to be made with the highest and best bidders, after due advertisement, for periods not exceeding five years, at a specified price per day per convict, and for the manufacture of the particular articles specified by the bidders. Convicts not hired under general contract may be temporarily hired until "their labor is required on any contract."

WISCONSIN.-Annotated Statutes of 1889, secs. 4938 to 4943, authorize the making of contracts for the labor of State-prison convicts, together with such shoproom, machinery, and power as may be necessary for their proper employment. Contracts must not be made for periods exceeding five years at any one time, and the convicts are to remain under the supervision of the prison authorities. Before making such contracts sealed proposals therefor are to be invited by public advertisement.

WYOMING.-Acts of 1890-91, chap. 37, sec. 5, authorizes the providing for the care, maintenance, and employment of inmates of penal or reformatory institutions by contract.

ART. B. THE PIECE-PRICE SYSTEM.

The following statement gives synopses of the laws of each State authorizing the employment of convicts under the PIECE-PRICE SYSTEM. (For description see p. 171.)

MASSACHUSETTS.-Acts of 1897, chap. 412, sec. 3, authorizes the employment of convicts under the piece-price system in the industry of cane seating and in the manufacture of umbrellas.

MINNESOTA. Acts of 1895 chap. 154, sec. 4, authorizes the manufacture of articles in the State prison or State reformatory "by the piece, under what is known as the 'piece-price system,' by contracts with persons who furnish the materials used in such manufacture."

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NEW JERSEY.-Genera Statutes of 1896, pp 3161-2, secs. 54 and 56, authorize the employmen of convicts not employed in the production of goods for use in State institutions in any prison, penitentiary, Jail, or public reformatory institution on what is commonly known as the piece-price plan." Before any agreemer is made under this system advertisements must be published calling for bids, so that there shall be a proper and just competition" for the labor of the convicts.

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General Statutes of 1896, p. 3169, sec. 20, authorizes the employment of inmates of the State reformatory under the "piece-price plan."

OHIO.-Act of March 31, 1892 (89 Laws of Ohio, p. 192), authorizes the establishment of the piece-price system in the State penitentiary, contracts thereunder to be made, after due advertisement, with the best and most satisfactory bidders. The labor is to be performed under the direction and control of the prison officials. No contracts for the product of convicts' labor on the "piece or process plan" shall bind the State for a period exceeding five years, and no arrangement shall be made for a period of more than one year that will produce less than 70 cents per day per capita for the labor of able-bodied convicts, except in certain specified cases.

SOUTH CAROLINA.-Revised Statutes of 1893, Part V, sec. 574, authorize the authorities of the State penitentiary "to make contracts for the performance of specific work, such work to be done entirely under the direction and contro! of the officers of the penitentiary."

WEST VIRGINIA.-Acts of 1893, chap. 46, sec. 44, provides that, if deemed advisable, penitentiary convicts not employed under the contract system "may be employed or let to contract on the piece-price system."

ART. C. THE LEASE SYSTEM.

The following statement gives synopses of the laws of each State authorizing the employment of convicts under the LEASE SYSTEM. (For description see p. 171.)

ALABAMA.-Code of 1896, secs. 4476, 4477, and 4478, provide for the leasing of State convicts and requires that all hiring of them must be per capita; that not less than 50 such convicts shall be hired to one person or kept at one prison, except that less than 50 may be worked in the county where they were convicted; that such convicts must be classed or tasked if hired to work in mines, and that no such convict must be worked at a different place or occupation than that expressed in the contract, or be rehired or placed in the keeping or control of any other person than the contractor, without authorization by proper State officials.

Secs. 4521, 4527, 4529, and 4534 authorize the hiring of county convicts to labor anywhere within the State, the place and kind of labor to be restricted to that expressed in the contract of hiring, and such convicts must not be sublet or rehired unless authorized by proper county authorities.

ARIZONA. Acts of 1895, No. 19, provides that the labor of the inmates of the Territorial prison and reform school may be leased, on contract with a responsible person or persons, without obligating the Territory "to furnish tools, machinery, or money, or make other expenditure other than the labor of the inmates properly clothed and fed, and the proper guards for the same, together with the use of the property, buildings, and lands," and that no contract or lease shall be made for a longer period than ten years. The labor of the inmates may be performed either inside or outside the prison or reformatory confines. It is also provided that the buildings and property connected with the insane asylum, prison, and reform school may be leased for the purpose of furnishing employment for the inmates of the prison and reform school.

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