Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1881-08-27


matter because the testimony has acquired th
widest publicity, and we deem 1t act OF justice t
! the Board OF Prison Directors to say that there
! no evidence connecting any of the members OF III
| Board with any corrupt acts relating to this pun
chase. AS already stated by u.s. the evidence point
clearly to the conclusion that the participation Q
| the Board in the whole transaction was plainly Il
the nature of the ratification acquescence in al
understanding reached somewhere external to tn
| councils Of the Board
The State Prison at Folsom.
The limits of this report viii not admit of reel
tation herein of the legislation by which what wa
originally called the Branch State Prison at FOLSOM
was est blished. AS at first established it
! branch of the main prison, and was evidently de
signed to be an auxiliary institution, performing
distinctive office in the penal system Of the State
| 1t was strongly urged as an argument in favor 0
| the establishment of this 'branchs institution
that its existence would afford au opportunity 70
such classifcations Of convicts are justified b,
| the best experience in the science of penologY.
was to have been reformatoiy Irobationar,
prison. the highest interests of the pcral system
/ of the State might require experience determine
| In short 1t designed to perform part in
penal system, rather than serve mere tivisiol
of the old pententiary into two independent prisons
An economic and industrial reason was found in th,
| opportunity the location afforded for the employ
ment of convict labor III dressing stone. II wa
| also urged paramount consideration that thI
mechanical power OF the American river could be
developed by prison labor, and that this cheal
| power would make practicable and profitable maf9
branches OF prison employment Divested of these
considerations the locality possesses neither reform
atory, climatic, industrial or economic reasons tC
recommend it as location. for State Prison.
| The bearings of the Folsom prison upon tbs
! whole question of prison administration in this
State has, to our minds, the most far-reaching anG
practical significance. We beg leave, therefore, tc
present fully and at the same time in the most d
rect manner at our command, the important rela
tons it sustains to the whole subject of prison
D,,ft ,a ~ 80 +l,,C ~
entered into an agreement with the Natoma Water
and Mining Company for the conveyance of $50
acres of land, situated the south side of the
American river. This agreement conveyed the
said lands to the State for the consideration OF
SIS, goo, be paid in the labor of conycts at the
stipulated rate of 80 cents per day, thirty thou
sand days labor in aid of the construction OF a
water-power canal In addition TO the $50 acres OF
land the State by virtue OF the terms of this agree
ment, acquired valuable rights, set forth in said
agreement as follows:
9 Also, the exclusive right forever to the use
OF the first fall five feet perpendicular OF the whole
water OF the canal at the upper end O. that place on
the canal known as prison yard, with all rights,
privileges and easements necessary for the taking
and enjoyment OF power from sal fall, 1t being I'M
derstood that the said party Of the first part reserves
to itself tie subsequent power sultng from the
flow of water IN said canal after the first ia ! as
aforesaid and that this instrument is not to be con-
srue1 granting unto said State the right to di
vert sai5 water, or any material quantity thereof,
permanently from said canal. To have and TO hold,
all and singular the aforementioned and described
premises together with the appurtenanees, unto
the said stare OF California forever"
The canal referred to in this extract from the
agreement is planned to be constructed with cross
section OF q feet bed width 81 feet surface width
and feet deep. Its theoretical power, with fall
of five feet at the prison, is $50 horse power The
Natoma Water and Mining Company has expressed
its vii ngness to increase this iall to eight feet
giving Theoretical p5wer equivalent to 4s1 horse
power.
By deed of the Sd of June, 1874 the Natoma
Water and Mining Company conveyed to the State
1873 acres Of land adjoining the tiact of $50 acres
conveyed to the State 1865 increasing the amount
of land conveyed to the State to 4S3 acres. On the
10Th day OF June, 1878, contract entered into
between the State and the Natoma Water and Min
ing Company, by which it covenanted that the
State on its part would locate and complete the
Branch Prison, and the Water and Mining Company
would employ $50 convcts, paying for their labor
so cents per day for fge years. The item Of this
agreement covering this undertaking. is as follows
Second-Within thirty days after the completion
above ment oned, the party OF the first part will
furnish and the party of the second part will take,
under this contract 100 OF said convict laberers
within two months after such completion 100 addi-
tonal of such laborers shall be furnished and taken
as aforesaid and within three months after such
completion, $50 more of said sborers, making the
full number OF $50, shall be furnished and taken as
aforesaid provided however that in case the party
of the sec md pat should require portions OF the
aggregate number earlier than the first date above
mentioned, then it is understood and agreed that
the party OF the first part VIII furnish such portions
so required if it shall be convenient to do. and
not Otherwise the question of such convenience to
be determined exclusively by said party of the first
part"
The Natoma Water and Mining Company were
also By the terms of the agreement, given the eX-
elusive use OF the extensive quarries located the
prison lands to be worked by convict labor. Thus
the State has disposed Of 10000 days labor in pay
ment OF the purchase price OF the land conveyed to
it, at so cents per day. and 53t $50 days labor at 80
cents per day. for which latter service the State is
TO be paid in money. Together these contracts dis
pose # convict labor to the value of 81 1000 We
| assume that these contracts, having been entered
into prior to the adoption OF the CONSTITUTE
! their obligations not impaired by the provisions
| of that instrument, which forbids The employment
of convict labor by contract. The State is secured
by good and sufficient bond for the perform ance o
! all agreements entered into by the NatOma Watel
and Mining Company. These agreements were
! under consideration tor more than ten years
They received due attention at the hands OF five
legislative sessions and formed the basis OF legis
latIve action In pursuance OF them the State has
already expended $3.50 900 in the erection anC
! proper acquipment OF Branch Prison. 1t was sup
posed that by virtue OF these covenants the STATE
had dis posed CT prison labor to the value OF 1882
| 90, upon terms and at rates highly al
vantageous TO itself. We have no evi
dence upon which to base an opinion tina
| the present Board of State Pri.on Directors have
made any effort looking to the execution Of thesi
| contracts. Director Chapman stated that in hi=
opinion (see testimony, it would require guarC
| force OF such magnitude as to make the employ
me IT Of prison labor in the construction Of tn,
| canal Improbable to the State. All the executive
officers Of the prison at Folsom testified that al
/ increase Of the present guard force OF from fOU
| ID six guards would be ample 10 admit Of thu
/ employment of three hundred and fifty convict
/ according TO the terms Of the agreement. w
have already referred t. the fact that in its orgna
conception the Branch Prison in the direction o
affording opportunity for q better classification o
| fbo N the T,nDit mt of III
State. Whatever OF reformatory ideas may hav
prompted the establishment Of this branch was de
liberatey abandoned By the Stste by the Law o
April 10 1880. Section Of that Act declines tina
the prison heretofore known as the Branc
Prison." shall be known hereafter and desg
mated as the estate Prison at Folsom,
and all its finances and other account
! shall be kept separate frsm those Of the stat
/ Prison at San Quentin and it Fhall be law
fu for Courts TO sentence conycts to the State Prso
at Folsom or the State Prison at San Quentin il
their discretion. As at present existing the priso
| at Folsom is an Independent penitentIary with
full official st Fl, 4 separate guard corps, and com
pleto prison equipment the entire cost OF witch
| an additional expense TO the maintenance OF tn
criminals against the incarceration of ell in th
original prison at San Quentin. AS now conducted
Folsom prison has little else than the character Of
State jail. Beyond the forcibe detention OF Stat
prisoners within the walls Of a prison, it perform
10 office in the penal system and presents no reform
atory, penal or industrial features worthy OF cor
| sideration.
The pav roll for salaries OF officers and guards
the Folsom prison aggregates the Of ST 600 pc
annum. The per capita cost per day for maintenance
is IS cents as against 324 at san Quentin an eXces
per capita per day OF 255 cents. The average nun
Der OF prisoners maintained from the beginnin
of the present year, to date, was POS. The eNces
Of the daily per capita at Folsom is principally du
to the fact that the salary bill is divided by tn
small number OF Dos prisoners instead Of the numbe
200 as at San Quentin. This salary bill in reait
represents the excess OF annual cost to the State
reason Of maintaining prison At Folsom, as agains
confirming all the couyicts Of The State in prison
5 long as the prison is conducted as separate ii
sttutiou So long as the prisoners maintained
employment we do not perceive wher3 the con
pensltion to the State, by reason of dividing /,
prison into two parts, is to be found. The remed
for the existing state Of things is TO make at ono
an earnest effort to test the value Of the theorie
upon which the Branch Prison was original
founded. A division oil the prison is IldispeIs'
bic to any reformatary system. Unless it ca
be made to perform the disciplinary ofliC
| originally urged as q reason for its establish
, ment unless the execution OF the existing col
, 1 tract for prison labor can be entered upon
| unless the development Of a cheap mechanic;
, power is practicable and unless the prison labC
can be profitaby employed in cutting stone. we ia
to see how any advantage is to accrue to the Stat
from the maintenance OF this prison. The State hs
, already expended $780, 600 in this eNperimeI
Of maintaining two prisons. Up to this time III
, experiment at Folsom affords no material for judi
ment as TO the value of results. The questions il
volyed remain as predetermined they were in ls6
establishment of the prison passed. The ofiiC
+l,io can he made n in