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no goods, wares, or merchandise convict produced by labor outside of Kentucky shall be sold or offered for sale, or knowingly be in the possession of any person for the purpose of sale, without being branded, labeled, or marked with the words "convict made," followed by the year and the name of the institution in which made, in plain English lettering, of the style and size known as great primer roman condensed capitals. Such brand, mark, or label shall be placed upon or attached to the most conspicuous part of the article, or of its covering if impossible to place it upon the article.

Constitution, secs. 253 and 254, prohibit the employment of penitentiary convicts outside the prison walls except upon public ways and works.

LOUISIANA.-Act No. 132, of 1894, declares that convict-made brooms shall not be dealt in or sold unless each broom is stamped or labeled "convict made." Said stamp or label is required to be "not less than four inches long and two and a half inches wide, and the letters thereof not less than one inch in size."

MAINE.--Acts of 1887, chap. 149, secs. 1, 2, and 3, provide that no more than 20 per cent of the male convicts in the State prison shall be employed at one time in any one industry, or in the manufacture of any one kind of goods which are manufactured elsewhere in the State, and that the manufacture and repair of all kinds of wagons, carriages, and sleighs, except the manufacture of infant carriages, shall be considered one industry; also that, "so far as practicable, the industries upon which said convicts shall be employed shall be the manufacture of articles not elsewhere manufactured in the State."

Sec. 4 requires that all articles or goods manufactured at the State prison for sale shall be distinctly labeled or branded with the words Manufactured at the Maine State prison."

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MARYLAND.-Acts of 1890, chap. 590, prohibits the making of any contract for the manufacture with the labor of penitentiary convicts of tin cans for oyster or fruit packing purposes, or iron heating or cooking stoves, or iron castings used for machinery purposes.

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

Acts of 1898, chap. 334, sec. 5, provides that the prices of products of convict labor used in public institutions "shall be uniform, and shall conform, as nearly as may be, to the usual market price of like goods manufactured in other places."

Acts of 1898, chaps. 365 and 393, require that only machines operated by foot or hand power shall be used in the preparation of material for road making, and that convicts in camp on certain State lands shall be employed in preparing such material by hand labor.

Acts of 1897, chap. 412, prescribes that no goods produced by convict labor shall be sold, except for use in public institutions, for less than the wholesale market price prevailing at the time of sale for similar goods; also that the number of inmates in all the prisons of the State who may be employed in the production of certain commodities, not for use in public institutions, shall not exceed the numbers below specified in the manufacture of the articles named: Brushes, 80; clothing, other than shirts or hosiery, 375; harness, 50; mats, 20; cane

chairs with wood frames, 80; rattan chairs, 75; rush chairs, 75; shirts, by women only, 80; shoes, 375; shoe heels, 125; trunks, 20; stonecutting, 150; at laundry work, 100.

Acts of 1897, chap. 412, as amended by chap. 480, prescribes that not more than 30 per cent of the number of inmates of any penal institution having more than one hundred inmates shall be employed in any one industry, except in the production of goods for use in State institutions and in the industry of cane seating and in the manufacture of umbrellas.

Acts of 1891, chap. 209, prohibits the employment of any prisoner in any State institution outside of the precincts of any such institution in any mechanical or skilled labor for private parties.

Acts of 1888, chap. 189, prohibits the employment of convicts in the State prison in engraving of any kind.

Acts of 1887, chap. 447, provides that no new machinery to be propelled by other than hand or foot power, shall be used in the State prison, reformatories, and houses of correction, and that articles manufactured therein shall be sold at the wholesale market prices of similar goods.

Resolves of 1898, chap. 81, provides for the erection of shops at the State prison in which convicts may be employed upon industries that can be prosecuted by hand labor.

MICHIGAN.-Constitution, art 18, sec. 3, provides that no mechanical trade shall be taught to convicts in State prisons except in the "manufacture of those articles of which the chief supply for home consumption is imported from other States and countries."

Acts of 1893, No. 118, sec. 34, provides that once in six months the prison boards shall determine what lines of productive industry shall be pursued in the State prison, house of correction, and reformatory, and shall select such diversified lines of industry as will least interfere with the carrying on of such industries by citizens of the State.

MINNESOTA.-Acts of 1895, chap. 15, sec. 4, provides that "no contracts for the leasing of the labor of prisoners confined in the State prison or State reformatory at a certain rate per diem, giving the contractor full control of the labor of the prisoners, shall hereafter be made."

Sec. 8 provides that the number of prisoners in the State prison or reformatory employed in a single industry at the same time shall not exceed 10 per cent of the total number of persons engaged in such industry in the State, unless a greater number is required to produce articles or materials to be supplied to State or municipal institutions; but this limitation does not apply to the manufacture of binding twine.

General Statutes of 1894, sec. 3598, provides that not to exceed an average of 33 per cent of prisoners in the State reformatory shall, during any year, be employed in quarrying, manufacturing, and cutting granite for sale.

MISSISSIPPI.-Constitution, secs. 223, 224, and 225, and Code of 1892, sec. 3201, prohibit the contracting or leasing of the labor of penitentiary convicts, and of county convicts for labor outside the counties of their conviction.

MISSOURI.-Revised Statutes of 1889, sec. 7252, forbids the hiring out of male or female penitentiary convicts as domestic servants, to any person outside the prison walls, or the permitting of convicts to

be used as such servants without reward, except by the warden or deputy warden in their own families.

MONTANA. Constitution, art. 18, sec. 2, and Penal Code, sec. 2960, prohibit letting, by contract, the labor of any convict in any State penitentiary, prison, or reformatory institution.

NEVADA. Acts of 1887, chap. 91, provide that boots and shoes made by State-prison convicts in excess of the requirements of inmates of State institutions may be sold in the open market at prices to be fixed by the warden, not less than the cost of materials. Such sales shall only be made at wholesale in full cases and unbroken packages of not less than one dozen pairs.

NEW JERSEY.-General Statutes of 1896, p. 3161, secs. 50-53, prohibit the making of any "contract for the labor" of prisoners in any prison, jail, penitentiary, or reformatory institution; but a later enactment permits the contract system in the State reformatory.

Pages 3155 and 3162, secs. 17, 18, and 59, and p. 3168, sec. 18, prohibit the manufacture of felt or silk hats, or any part or parts thereof, or the employment of more than one hundred persons at a time in the prosecution or conduct of any special branch of industry, or in making or manufacturing goods, wares, or merchandise of any kind whatsoever, in any prisons, penitentiaries, jails, or public reformatory institutions. Page 3156, sec. 24, and p. 3168, sec. 18, require that goods, wares, and merchandise manufactured in the State reformatory or in the State prison, in whole or in part, be marked, stamped, or tagged with the words "Manufactured in the New Jersey State prison," or "Manufactured in the New Jersey State reformatory." If it be impracticable to stamp each article, or if articles are manufactured which are usually put up in packages, it shall be sufficient to put the stamp, label, or tag upon the packages in a good, lasting, and permanent manner. The marking of convict-made goods must be "in a legible and conspicuous manner."

Page 3162, sec. 56, requires that goods manufactured for sale under the public-account system in any prison, penitentiary, jail, or public reformatory shall only be sold after public advertisement in principal newspapers, "calling for public bids, so that there shall be a proper and just competition" for their purchase; "and every effort shall be made to obtain current market prices for the same."

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NEW MEXICO.-Compiled Laws of 1897, sec. 3649, requires that "all the products of convict labor shall be sold to the highest bidder, for cash, after twenty days' notice by advertisement in three daily newspapers, not more than one of which shall be published in the same county."

NEW YORK.-Constitution, art. 3, sec. 29, and Birdseye's Statutes and Codes of 1896, p. 2362, sec. 97, prohibit the employment of convicts in State prisons, penitentiaries, jails, or reformatories under the contract, piece-price, or lease systems, or the sale of any part of the product of their labor except to public institutions.

Acts of 1898, chap. 645, provides that no printing or photo-engraving shall be done in any State prison, penitentiary, or reformatory for the State or any public institution owned or controlled thereby, except such as may be required in State penal and charitable institutions, and the reports of the State commission of prisons and the superintendent of prisons, and printing required in their offices.

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Acts of 1897, chap. 415, art. 4, requires the procurement of a special license for the sale of convict-made goods, and that no convict-made goods shall be sold or exposed for sale to the general public without being branded, labeled, or marked with the words "convict made," followed by the year when and the name of the penal or reformatory institution in which such commodities were produced. The brands, marks, or labels must be printed in plain English lettering of the style and size known as great primer roman condensed capitals. Labels are to be used only when branding or marking is impossible, and must be in the form of a paper tag attached to each article by wire, if possible, and placed securely upon the box, crate, or other covering in which such goods are packed, shipped, or exposed for sale.

Note.-Acts of 1894, chap. 698, and Acts of 1896, chap. 931, required the marking and labeling of convict-made goods sold or offered for sale to the general public. The act of 1896 was declared unconstitutional by the court of appeals of New York on October 11, 1898, in the case of People v. Hawkins (51 N. E. Reporter, p. 257), and the act of 1894 was declared unconstitutional by the supreme court of New York in the case of People v. Hawkins (85 Hun., p. 43). As the decision of 1898 was general in scope it undoubtedly renders void that part of the laws 1897 which requires marking of goods.

Birdseye's Statutes and Codes of 1896, p. 2369, secs. 123, 124, and 125, provide that whenever it is ascertained by actual enumeration that the total number of prisoners in the several prisons, penitentiaries, reformatories, and other penal institutions employed in manufacturing brooms and brushes of broom corn exceeds 5 per cent of the total number of persons in the State employed in manufacturing of such goods "the governor shall require the managers of any one or more such penal institutions to discontinue such employment wholly or in part, as he shall direct."

Page 2368, sec. 118, provides that "not exceeding three hundred of the convicts confined in each State prison" shall be employed in the improvement of public highways.

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NORTH CAROLINA.-Acts of 1897, chap. 219, sec. 5, provides that such products of the labor of penitentiary convicts as are sold shall be sold at the highest market prices," as and when the superintendent may deem best, "but any article or product held more than two months for better prices shall be sold when the board of directors shall direct."

The number of convicts that may be hired or employed on public works and ways, or otherwise, is frequently limited by statute.

NORTH DAKOTA.-Acts of 1897, chap. 108, prohibits the employment of convicts under the contract, piece-price, or lease systems, and the disposal of products of convict labor (except brick or farm products) to any private person, firm, association, or corporation, by providing that no person in any prison, penitentiary or other place for the confinement of offenders in said State, shall be required or allowed to work while under sentence thereto, at any trade, industry or occupation, wherein or whereby his work, or the product or profit of his work, shall be farmed out, contracted and given, or sold to any person, firm, association or corporation;" the production of brick and farm products being excepted; and the disposal of products of convict labor being allowed to the State, or political divisions thereof, and to public institutions.

OHIO.-Act of April 25, 1898 (93 Laws of Ohio, p. 349), provides that "the contract system shall not be employed," in imposing labor upon the inmates of the Ohio State reformatory, or in the industrial pursuits prescribed for their employment.

Act of March 31, 1892 (89 Laws of Ohio, p. 192), prohibits the making of contracts whereby any contractor shall have control of the labor of convicts in the penitentiary.

Act of May 19, 1894 (91 Laws of Ohio, p. 346), made regulations governing the sale in Ohio of convict-made goods produced in other States; but said act was declared unconstitutional by the Ohio supreme court May 11, 1897, in the case of Arnold v. Yanders (47 Ñ. E. Reporter, p. 50).

Act of April 21, 1893 (90 Laws of Ohio, p. 224), prohibits the manufacture of knit and woolen goods in any penal, reformatory, or charitable institution, except for the use of the inmates thereof.

Act of April 24, 1893 (90 Laws of Ohio, p. 237), provides that after May 1, 1894, the total number of prisoners and inmates of penal and reformatory institutions employed at any one time in the manufacture of any one kind of goods which are manufactured in the State outside of such institutions, shall not exceed 10 per cent of the number of persons engaged in manufacturing such goods outside of such institutions, except in industries in which not more than 50 free laborers are employed, as shown by the Federal census, or State enumeration, or by any report of the commissioner of labor statistics.

Act of April 27, 1893 (90 Laws of Ohio, p. 319), requires that convict-made goods produced in penal, reformatory, or other institution in which convict labor is employed, "in this or any other State," "imported, brought, or introduced into the State of Ohio," shall, before being exposed for sale, be branded, labeled, or marked with the words "Convict made," followed by the name of the institution where made, in plain English lettering, of the style known as great primer roman capitals. Such articles must be branded or marked, if possible; if not possible, a label shall be used in the form of a paper tag, which shall be attached by wire to each article, when its nature will permit, and placed securely on the box, crate, or covering in which such goods may be packed, shipped, or exposed for sale. The brand, mark, or label must be on the outside of and upon the most conspicuous part of the finished article, and its box, crate, or covering. Act of March 31, 1892 (89 Laws of Ohio, p. 193), provides that penitentiary convicts under 22 years of age shall be employed when possible at hand work exclusively, for the purpose of acquiring a trade.

Act of April 30, 1891 (88 Laws of Ohio, p. 420), provides that prisoners in the State reformatory shall be employed in such ways as to interfere with or affect free labor in the least possible degree.

PENNSYLVANIA.-Digest of 1894, p. 1006, sec. 14, and p. 1661, secs. 13 and 15, abolish and prohibit the contract system in all penal and reformatory institutions.

Acts of 1897, No. 141, prescribes that in any State prison, penitentiary, or reformatory not more than 5 per cent of the whole number of inmates of said institutions shall be employed in the manufacture of brooms, brushes, or hollow ware, nor more than 10 per cent in the manufacture of any other kind of goods, wares, articles, or things that are manufactured elsewhere in the State, except mats and mat

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