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Annual report of the Commissioner of Labor, Volume 2 online

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a At amended, Febrnary 10, 1876, p. 179.

h Maroh 4, 1870, p. 285.

« This and what follows in this section relate to the daties of warden when penitentiary ImmI



d Am amended, Febniar/ 20, 1872, Session Laws, p. 78, seo. i.



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PART II. — CONVICT LABOR LAWS IN THE UNITED STATES. 511

* * * ho may be pouisbed by solitary coufinement for a period not exceeding
thirty days for each offence, at the discretion of the warde i or person acting in his
place.

Sec. 4600. Escapes and attempU to escape.— -Any convict who escapes, or attempts to
escape, from the penitentiary or from any person to whom he may be hired by the war-
den of the penitentiary, • * ** before the expiration of the term for which he
was sentenced, mnst, on conviction thereof, be imprisoned for an additional term,
not less than two nor more than five years, (a)

SESSION LAWS.
ACTS OP 1878-79 (Paok 174).

Section 1.- That from and after the passage of this act, it shall not be lawfol for
the warden of the penitentiary to hire to any person or persons, convicts in less nnm-
bers or sqnads of [than] ten. Nor shall it be lawfnl to hire oat said convicts to any
person who is related by afi&nity or consanguinity to any convict, in such squads;
and all of said convicts shall be worked, guarded, and treated as directed by the rules
and regulations now prescribed for convicts worked outside of the prison walls of the
penitentiary; and the warden, or any hirer of such convicts, who violates any of the
provisions hereof^ shall be guilty of a misdemeanor, and, on conviction thereof, be
fined not exceeding one thousand dollars, and sentenced to hard labor for the county
not less than twelve months.

Sec. 2. That all laws and parts of laws in confiict with the provisions of this act, be
and the same are hereby repealed. [Approved, February 13, 1879.]

ACTS OF 18S2-&3 (Page 134).

Section 1. That hereafter whenever convicts sentenced to the penitentiary are
employed or hired out to be used outside the walls of the penitentiary, either upon
public or private works, the contracts of hiring shall be made by the warden, and
must be approved by the governor. The hirer must also give bond and security, to
be approved by the governor and the warden, for the faithful performance of his
contract.

SEa 4. That it shall not be lawful for any contractor or hirer of convicts under the
provisions of this act to hire or sublet any of said convicts to any other person, unless
upon a written application by such hirer to the warden, he assent thereto, and the
same be approved by the governor.

Sec. 5. That it shall be unlawftil for the hirers of convicts to work together, or
confine in the same room or apartment, any convict who has been sentenced for the
commission of a misdemeanor, with a convict or convicts sentenced for the commission
of a felony ; that white convicts and colored convicts shall not be chained together;
nor shall they be allowed to sleep together, nor be confined together in the same
room or apartment, when not at work. All persons convicted of misdemeanors shall
be employed or hired in the county where convicted, unless in the opinion of the per-
sons or body having charge of the hiring of such persons the interest of the county
requires that they be hired outside of the county.

Sec. 6. That the warden of the penitentiary is hereby authorized to hire out all
convicts sentenced to the penitentiary to be worked outside of the walls of the {peni-
tentiary, all contracts of hiring to be approved .by the governor, but such hiring shall
not be for a longer time than five years^ and the contracts must contain a stipulation
that the same may be revoked at any time for good cause by the warden, with the
approval of the governor ; and the governor may terminate any contract whenever
in his Judgment it |s right to do so, and they shall also contain a stipulation that the

a Ktrob 8, 1878, p. 180.



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512 BEP09T OF THE C0MMI8SI0NEB OF LABOR.

hirer shall famish to the conyiota, whenever emergency demanda it, all neoetaary
medicine and medioal aid which may be needed from time to time, in addition to
that which the regular physician of the penitentiary is required to furnish. £a^
contract shall he drawn up in accordance with, and make special reference to, tbe
provisions of this act.

Sbo. 10. * * * PrwHded, Ko person or persons shall hire so as to have in his or
their service at one time more than two hundred state convicts, nor shall the wazden
hire to any person or persons so that he or they may have in their service at onetime
more than two hundred state convicts.

• ••••• •

Sec. 19. That whenever convicts are sentenced to hard labor for the county, and
hired out by the conmiissioners' court, it shall be the duty of said court to appoint a
suitable person to visit said county convicts whenever they shall deem it neceeaary,
and he shall rigidly scrutinize and inquire into the treatment and mknagement of
said convicts, and he*ehall report to the probate judge, in writing, the condition aad
treatment of such county convicts. And no contract shall be made by the oommit-
sioners' court for hiring coonty convicts without a stipulation therein that the con-
tract shall end if the bond, in the opinion of the probate judge, becomes inanfflcJimt
in security, or if the convict or convicts hired are treated cruelly or inhumanly by
the hirer or his employ^. And county convicts sent to camps where penitentiary con-
victs are worked shall have the same inspection as penitentiary convicts.

Sxc. 23. That hirers and lessees of convicts in this state shsJl not suffer or pennit
any person convicted and sentenced to a term of imprisonment or penal aervitad^
under their control to go at large at any time during the term for which said pemo
was sentenced, but shall keep such convicts safely confined or attended by a soft-
cient guard. Any person violating the provisions of this section shall be guilty of aa
escape and punished accordingly.

Sec. 24. That all laws and parts of laws in conflict with the provisions of this act,
be and the same are hereby repealed. [Approved, February 22, 1883.]

ACTS OF 1884-85. No. 112 (Paob 187).

Section 1. That there shall be appointed by the governor, by and with the advice
and consent of the senate, a president of the board of inspectors and two other in-
spectors of convicts, who together shall constitute the board of inspectors of convida,

and shall have general supervision and control of the state and county convicts.

• ••••• •

Sec. 2. That the president of the board of inspectors shall perform such duties now
prescribed by law for the warden as may be necessary.

• ••••••

Sbo. 4. That the offices of warden, clerk, and inspectors are hereby abolished.
Sec. 14. That no convict must be woriced at a different place or occupation than

expreseied in the bid and contract, except upon the recommendation of the board of in-
spectors stating the reasons therefor and approved by the governor; nor shall any
convict be rehired or placed in the keeping and control of any other person than the
contractor, except upon the recoumiendation of the board of inspectors and approved
by the governor.

Sec. 17. That all laws of the state and all rules of the board of inspectors for the
management and treatment of state convicts are hereby made applicable to county
convicts, except when worked by and in the county where convicted, and said in-
spectors shall have supervision of and inspect said county convicts in the same man-
ner as under the provisions of this act they are required to inspect state convicts:
Provided, That where county convicts are worked in the mines or on the railroads in
their own counties, then they shall be under the supervision of the inspectors; and
all county convicts shall be inspected by said inspectors when called upon to do so by
the court of county conmiissioners.



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PAET n. CONVICT LABOE LAWS IH THE UNITED STATES. 613

Sko. 21. That every contract for the hire of county cony i eta must express the kind
of labor and the place at which it is to be performed; and such convict must be re-
stricted to such place and labor, which must not be changed except upon recommen-
dation of the commissioners' court; and county convicts can only be sublet or rehired
in the same manner.

Seo. 35. That it shall be unlawful to work upon railroads or in mines, convicts who
have been convicted for an offence not involving moral turpitude.

Sec. 37. That no contract shall be made previous to the first day of March, eight-
een hundred and eighty-seven, to continue longer than the first day of January,
•eighteen hundred and eighty-eight. [Approved, February 17, 1885.]

ARIZONA,

COMPILBD LAWS, 1864-77.

TERRITORIAL PRISON.

(1170.) The board of territorial prison commissioners shall prescribe all the neces-
sary rules and regulations for the government of the prison and prisoners ; shall pre-
ecribe the prison garb or uniform, the regimen of the prisoners and their labors, and
the punishments for infractions of the rules prescribed ; may contract for the feeding
and clothing of the prisoners, and may hire their labor to other persons in such man-
ner as shall be compatible with their safekeeping.



SBCISION LAWS.

ACTS OF 1885. No. 76.

Section 18. The board of prison commissioners shall require of every able-bodied
convict as many hours of faithful labor in each and every day, during his term of
imprisonment, as shall be prescribed in the rules and regulations of the prison.

ARKANSAS.
DIGBST OF THE STATX7TBS, 1884.

COUNTY JAILS AND PRISONERS.

Section 927. Prisoners confined in the county Jail or city prison, by sentence of the
«nayor or police court, for a violation of a city or town by-law, or ordinance, or regula-
tion, may, by ordinance, be required to work out the amount of all fines, penalties,
ibrfeitures, and costs, at the rate of one dollar per day, on the streets or other improve-
ment under the control of the city counciL

Sec. 1210. Any person who may be convicted of any misdemeanor or petty offence
in any of the courts of this state, and who shall be committed to jail in default of the
payment of the fines and costs adjudged against him, shall be required to discharge
such fines and oosts by manual labor in any manual labor workhouse, or any fSarm
tettaehod thereto, or any road, bridge, or other public work in the county where the
conviction and committal were had.

Sso. 1211. If any person so convicted be an artisan or mechanic and be put to labor
in any manual labor workhoose, or on any bridge or other public improvement, he
shall be allowed a reasonable compensation for such labor ; but such compensation
<ehall not be paid to said artisan or mechanic.
16261 LAB 33



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514 REPORT OP THE COMMISSIONEE OP LABOR.

Sec. 1212. Sections twelve hnndred and ten and twelre hundred and eUvtA^A^l
not be 80 oonstroed as to prohibit the employment of said coonty convicts on otW
than pnblio works, bat it shall be lawfdl to hiie out such persons to any IndiTidnal
company, or corporation. '

Sbc. 1213. When any person shall be conyicted of any misdemeanor under thelsT»
of this state by any court of competent jurisdiction, the court shall rend^ JadgnMit
against the person so convicted, which Judgment shall direct that the person eon-
victed be put to labor in any manual labor workhouse, or on any bridge or otlier
public improvement, or that the person be hired out to some person as hereinafter
provided, until the fine and costs are paid, which shall not exceed one day fSar esdi
seventy-five cents of the fine and costs, (a)

Sbc. 1214. It shall 'be the duty of the sheriff or constable, immediaMly afler tiie
conviction of any person of any misdemeanor, to proceed at once to hire said pemo
out to some {person, company, or corporation, and to take from the person, compsoj,
or corporation so hiring and contracting for such services a bond, payable to ^
state of Arkansas, for the use of the county, with sufficient sureties or surety, to be
approved by the coart rendering Judgment, for the prompt and faithful payment of
the money that shall become due and payable for the services rendered or labor done
by such convict; and that he, or they, will treat sach convict humanely whUe in ho,
or their, employment : Provided, That if any convict hired out under the provisisns
of this act shall escape from his employer, without any fault of such employer, before
such convict shall discharge by his labor the fine and costs, the party hiring sach
convict shall not be liable on his bond for an amount greater than the time woriced
by such convict before his escape.

Sec. 1217. All moneys arising from hiring out or employing county convicts slisll
be paid over to the collector, and by him paid into the county treasury for coonty
purposes. But, in every instance, the county convict shall receive full credit for the
amount of his labor, to be entered and counted in discharge of the fine and costs ad-
judged against him, and whenever his earnings shall be sufficient to pay in foil the
fine and costs adjudged against him he shall be discharged.

Sec. 1220. No county convict shall be allowed to work on any public work oris-
provement whatever where there may be danger of his escape, nor shall he be com-
pelled to labor at any kind of business or in any avocation that would tend to ioh
pair his health or strength.

Sec. 1221. All persons hiring convicts under the provisions of this act, shali, in ad-
dition to the bond required in section twelve hundred and fourteen, obligate them-
selves to furnish said convicts so hired with good and wholesome food, with eoak-
fortable clothing and medicine when sick, and not to require them to wodE at unies-
sonable hours, or for a longer time during any one day than other laborers, doing
the same kind of labor, are accustomed to do.

Sec. 1223. The county court shall cause a record of all their proceedings onder
this law to be recorded in a well-bound book to be provided ibr that purpose. 8ttd
record shall contain :

First. A descriptive list of all persons known as " county convicts."

Second. How such convict has been or is employed.

Third. The name of the party or parties hiring such convict.

Fourth. The time when and the price at which such convict has been employed.

Fifth. The amount paid or allowed for such employed or hired convict.

a When jodgmoit Ib rendered under this seetion, it is the doty of the shediZ; if the '»t*T*^Mt !■ pnt-
ent at the trial, to retain him in enatody, and, if the fine and eoeta be not immediately paid, to U» Ua
out as directed by the Judgment, and tf he volnntarily permit him to go at laxge^ be ia guilty of a nil
demeanor. (Griffin v. State, 87-437. See aee. 1226.)

Tha oonrlot may be hired for as much aa can be got for him— not leea than seventy-fiTe cotti per
dayt bnt the court cannot rt^rv^ * greater hire per day than the mUU mitm fixed by the atatnte, aar
direct that the hiring be for a leas number of daya than one for ereiy sorenty^Te oenta of theftw
and coats. (State v. Barnes, 87-448.)



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PART n.— CONVICT LABOB LAWS IN THE ITNITED STATES. 515

SbEti^ The amount doe by snoh oonTiot m fine and costs.

Seyenth. Sach other information as may be necessary and required under the ruleo
adopted by said conrt.

Sxc. f226. The coonty conrt is hereby authorised and empowered to make a con-
tract with some responsible person or persons for the maintenance, safekeeping, and
working of x^ersons committed to the county Jail, and for the purpose of making such
contract and for carrying out the provisions of this act said county court shall haye
taH and plenary powers, (a)

8xa 1228. All persons convicted and committed to the county jail, as well as all
persons committed to Jail to await the action of the grand Jury on a charge of felony,
excepting for capital offences, and those persons committed to Jail for contempt of
court, and alaov except all those sentenced to imprisonment in the state penitentiary,
shall be delivered to said contractor, to be by him kept and worked under said con-
tract and under the provisions of this act.

Ssc. 1231. Whenever any such prisoner charged with a felony shall be delivered to
such contractor, and such prisoner shall on his final trial be convicted either of a
felony or a misdemeanor, such prisoner shall be allowed credit on the Judgment or
sentence against him, at the rate provided for in section twelve hundred and thirty-
five, for all the time that such prisoner has been in the custody of the contractor :
Provided, That should such prisoner be finally acquitted, he shall receive from the
oounty all money, scrip, or other revenue that the county may have received from the
contractor on his account.

Ssa 1232. No person before conviction shall be forced to go to the contractor againbt
his consent.

Sbc. 1233. It shall be the duty of said contractor to safely keep said prisoners, and
he shall provide them with sufficient wholesome food, and clothing, and medicine,
and medical attention, and may work the said prisoners on a &rm, or at any other
lawfhl labor, under the same rules and regulations as convicts are worked by the les-
sees of the state x^enitentiary ; and he shall be liable, in case of escape, as said lessees
are, and he may adopt such safeguards to prevent escapee as said lessees are i>er-
mitted to adopt, and such other means as he may deem best for that purpose.

Skc. 1235. Whenever any prisoner shall be convicted of a misdemeanor by any
court or Justice of the peace, if the fine and costs are not immediately paid or secured .
to be paid within thirty days to the satisfaction of the constable, sheriff, or other offir
cer, in case of conviction before the circuit court, said convict shall be committed to
the county Jail, and by the Jailer delivered to the contractor at such place as the con-
tractor may designate, who shall keep and work such prisoner for the time he shall
have been adjudged to be imprisoned, and for such further time as will discharge all
fines and costs for which he may be committed, at the rate of fifty cents per day.

Sec. 1237. Whenever any convict shallbe sentenced to Jail as a part of his punish-
ment, he shall first work with the contractor to pay his fine and costs, and shall then
commence to serve oat his term by labor under the contractor, as provided in section
twelve hundred and thirty-five.

Seo. 1238. It shall be the duty of the sheriff to examine into the condition of said
prisoners in custody of said contractor and see that they are treated with humafiity,
and fhmished with sufficient clothing and sufficient sound, wholesome food and medi-
cal attention ; and if he shall believe said contractor is in default in this respect he
shall file written charges and specifications in the county clerk's office, andsun^nons
shall issue out of said clerk's office warning said contractor to appear at the next term
of the county conrt, to be held not less than twenty days after the service of the sum-
mons, and show cause why said contract should not be cancelled.

Sec. 1239. Upon service of such notice the county court shall proceed to investigate
such charges, and may render a Judgment cancelling said contract, requiring said

• Bm aiiiBa V, 8tA(^ 87, 4il.



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516 REPORT OP THE COMMISSIONER OP LABOR.

prisoners to be returned to tlie sheriff, or make Bach other order seonring proper treat-
ment in the fntare as the coart may see proper.

Sbc. 1242. The connty Jndge may, upon his own knowledge, or npon the inforstt-
tion of others, oanse summons to be issued and the like proceedings had thAeon, u
provided in sections twelve hundred and thirty-eight and twelve hundred and thirty-
nine.

Sbc. 1245. In case the county court is unable to make a contract with any pcncm
in the county, as provided in section twelve hundred and twenty-six, the court may
contract for the work of its prisoners with the contractor of any other county ac-
cording to the provisions of this act ; and if the county court be unable to make any
satisfactory contract with the contriHstor of any other county, then it ah&U be Iswfol
for the county court to order and compel such prisoners to be worked on the publk
roads, bridges, levees, or any other public improvements of the county, or to perfbni
any other lawful labor for the benefit of the county, under such rules and regolatiou
not inconsistent with the provisions of this act as the county court may prescribe.

Sec. 1246. In case the county court shall order the said prisoners to be Worked on
roads, bridges, levees, or other county improvements, as provided in the preeedisg
section, it shall be the duty of the court to appoint some suitable *per8on as superin-
t«Ddent, to take charge of, manage and control the labor of said priaonersy who shall,
for the purpose of working them, be authorized to employ such guards or adopt such
means to prevent escapes as may be necessary, and he shall have all the powered
punishing, for refusal to work, herein given to contractors ; and upon the order of the
county judge the sheriff shall deliver to said superintendent all such prisoners in his
custody; and receive them back from him whenever he shall return them to the JaiL

Sbc. 1247. Said superintendent, with the permission of the connty court or judge
thereof, may temporarily contract in writing with any person or corporation for the
labor of said prisoners, and all moneys received therefor shall be paid directly into
the county treasury, and shall constitute a separate fund for the purpose of paying
the expenses incident to the working of said prisoners, including the purchase of nee^
essary working utensils. All such contracts so made by said sui>erintendent shall be
filed with the clerk of the county court.

PENITENTIARY.

Sbctiox 4671. The governor, secretary of state, and attorney-general are hereby cod-
stituted a board of commissioners for the management and leasing of the state peni-
tentiary, labor of convicts, machinery, buildings, and all other property thereto
belonging, for periods of ten years from the expiration of the present lease, as here-
inafter provided.

Sbc. 4876. The said board of commissioners shall prescribe such rules for the regu-
lation of said penitentiary and for the management thereof, as, in their Judgment, will
prevent the inhuman treatment and preserve the discipline of the convicts and protect
the interests of the state : Provided^ however, That said board shall prescribe no role
after the leasing of said penitentiary which will work to the manif^t injury of ^e
lessee or lessees, and which will conflict with any contract made in accordance with
the provisions of this act.

Sbc. 4881. Before the state of Arkansas shall be bound by any contract auUioriaed
by or made as provided for in this act, said contract shall expressly state and eon-
form to, and the meaning and intention thereof shall *be to carry out, the following
stipulations, limitations, agreements, and provisions, to wit :

• ••••• •

Third. The lessee or lessees, as hereinbefore provided for, shall not work said oon-
victs for more than ten hours for each working day of the week.

Fowrih, No convict or convicts now confined in said penitentiary, or who may hete-
after be confined therein, shall be permitted to go without the walls of said peniten-



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PART II CONVICT LABOR LAWS IN THE UNITED STATES. 51 T

tiary unless nnder a good and sufficient gniird to prevent the escape of said convict
or convicts.

FifiK The convicts in said penitentiary shall be provided with sofflcient, good, and
wholesome food, and striped clothing, such as is now provided, or that may be pro-
vided, by the board of commissioners in said contract.

• •«•»«•

Sec. 4884. The said lessee or lessees shall have and exercise entire control of the
said x^enitentiary and the labor of said convicts, bnildings, machinery, and all other
property thereto belonging, for the term specified in said contract, and all profits
arising therefrom shall innre to his or their benefit and interest, sabject to the pro-
Tisions herein, for the entire term and npon the conditions of his or their said contract.

Sbo. 4886.^ The said board of commissioners shall, at the beginning of said lease,
and every two years thereafter, appoint a physician of the penitentiary, who shall
hold his office for the term of two years, unless removed for oanse by said board ; and



Online LibraryUnited States. Bureau of LaborAnnual report of the Commissioner of Labor, Volume 2 → online text (page 62 of 77)