Daily globe., 1881-02-08
STATE PRISON LABOR.
Proceedings Institated In the Supreme
Court to Test the Legality Of the Recent

| Proceedings Instituted In the Supreme
Court to Test the Legality of the Recent
Letting.
The muddle growing out of the letting
of the contract for the State prison labor
for the ensuing nine years, Of which the
GLOBE has kept its readers posted, has
found its wav into the supreme court of
the State.
Upon the application of Cyrus j.
Thompson writ Of mandamus was issued
out of the supreme court yesterday
against the warden and inspectors of the
State prison, requiring them to appear
before the court and show cause why his
bid for the prison labor of the State was
not accepted by them, and lease for the
same to him issued, as contracted by them
TO do in their public and official capacity
by advertisement inviting bids for such
prison labor
Mr. Thompsons affidavit sets forth
that the State owns large and commodi-
Gus shops at Saltwater, with machinery,
tools, etc, costing about 100000; that
there are over 200 prisoners, and that for
many years Seymour, Sabin 6 Co. have
had the contract for the prison labor, said
contract expiring April 1st next That
in accordance with their duty the in
spectors advertised for bids for said pris-
on labor for nine years from the 1st of
April, 1881, and that relator (Thompson)
bid 471Sc per day for each convict
and 5000 per year for the use of the
machinery, said bid being much the
highest of any made Said bid was ac-
nd I, io1 70
the 26th of January at the attorney gen.
erals office and execute a contract, and
in case Of a failure to dc SO the S. COO he
be declared forfeited. Upon doing SO he
found the following illegal clause in the
contract rendered for his signature:
"That none of the machinery, tools and
fixtures belonging to the State shall Gc re-
moved from said prison shops without the
consent Of said warden and board Of inspec-
tors first having been obtained in writing
The affidavit claims that as the space IN
the prison shops is limited the machinery
would be in the way of the work the bid
der designed to perform unless he fol
lowed the same business as that of Sey-
mour, Sabin S Co., which would be ut
tcrly impracticable, as that firm control
the patents for threshiug machines now
made at the prison. On the 4th of
February Mr.. Thompson states he ten
dered an executed contract exact
ly the same as the one prepared by
the attorney general, except the omission
of the clause quoted above and the inser-
ton of the following:
"That none of the machinery, tools and fix
lures belonging TO the State shall be removed
from said prison grounds without the consent
OF the warden and board of inspectors first
having been obtained in writing, but permis.
sion shall at all times be given to store and
house TO the satisfaction of said warden, any
part of said tools, machinery and fixtures
within said prison walls"
Accompanying this contract was bond
for $50, 600 for the faithful performance
thereof As the inspectors refused to ex-
ecute the contract, Mr.. Thompson asked
writ of mandamus compelling them to
accept.
ACTION OF THE COURT.
Upon this application an alternative writ of
mandamus was granted by the supreme court,
commanding the inspectors and warden i'm.
mediately after the receipt Of copy OF said
writ to execute and deliver to said Cyrus J..
| Thompson (he to join thereiu), and
sign and seal the samoa writ.
| ten lease and contract in &C
cordance with the terms of said notice for
! proposals of said inspectors and warden, and
| the said bid thereon of the said Cyrus j.
| Thompson, and in conformity with the pro-
visions of the statute in such case provided,
the said Thompson also giving bond with
securities to the satisfaction Of said inspectors
and warden as required by said notice for pro-
posals. Or in default thereof that you make
known to US in our supreme court Of judica-
tion before our said justices thereof, at the SUI
preme court room, in the capitol, in st. Paul,
on the 18th day of February, A. D. 1881, at 10
m oi INA. ua Wy you nave not
return to this writ, with your certificate on
such return of having done as you are hereby
commanded.
Witness the honorable Jamas Gilfllan, chief
justice of the supreme court of the State OF
Minnesota, and the seal of said court at the
supreme court rooms In the capitol, in the
city of st. Paul and State of Minnesota, on the
| 7th day of February, A. D., 1881.
O., H