The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1883-03-15
ise the senate that 1 will be very

| L lTSI, MIeu dSh6u lIlc S6udIOI
from Travis CTerrelD in the course of
his speech this morning, what would
be the effect upon this proposed lease
ash is written, should either or both
of the lesSees die before the time fixed
for its expiration, and his reply was
that he supposed such an event would
terminate the lease. In this,
| think the senator is mistaken.
| L find that the lease reads: ito
have and to hold the said
property and labor herein leased unto
the said lessees and their representa-
tives for the term of fifteen years"
This lease, as between the leSsees, is a
copartnership transaction, and should
one die he would undoubtedly have a
right to select his representative in
the continuance of the firm and the
business, and / think the survivor, in
anticipation of death, would have
similar right. After adjournment
this morning Mr.. GOree came to me
and stated that this same question
was considered at the time of making
| the lease, and Governor Roberts eX-
pressed the opinion that the death of
| the lesSees would not effect the ques-
| tiOn of the continuance of the lease.
| Mr.. Cunningham, one of the leSseeS,
| has also stated to me the same thing.
| Now, the point | wish to make is
this: There are senators here who
wish to confirm this lease because
| of the known responsibility and hu-
name character of the lessees. They
| have been tried and have given salts
faction. But should either or both of
them die, we have no knowledge
| = aNo fO n will no fhnIr
cessors. They might be men with
whom no one would make a lease OF
such character as this. l remember
that in 1876 Ward, Dewy Il Co. had
the lease, and their management was
so unsatisfactory that we had to alb
ruptly terminate that lease, and Gov
ernor Hubbard took charge of the
penitentiary property and the con-
VictS, and we are now in litigation
with them upon matters growing out
of that resumption. Ten years, as
now fixed in the bill, is long time to
bind this state in matter of such
magnitude, and which may in its
operations prove very dis tasteful to
the people. venture to assert that
if Ward, Dewy q Co. were
substituted in this lease for
Cunningham Il Ellis, not a
! single senator on this floor
would vote for its confrmati IN. Yet,
in it's practical operations, we may
find parties in charge of our peniten-
tiary property and cOnvicts equally as
unsatisfactory as would be Ward,
Dewy 81 Co. Another point is this
and right here | desire the senator
from Collin johnson, who is in IA
vOr of this lease, to listen to me, for
the reason that L understand him to
say that he has no sympathy for the
convict, especially the horse thief,
and wants him punished to the full
extent of the law, without much ref
erence to his treatment or the quality
of his bill of fare. turn to the re-
port of the penitentiary board, made
October 81, 1882, and l there find that
prior to the adoption of the lease sys-
tenn the per centage of escapes as COM
pared with the number of new con-
victs, was only some seven or eight
per cent. But commencing with the
first of the year 1874 (about which
time the lease system began), and
coming on down to October 81, 1882,
period of something less than nine
years, there were seven thousand four
hundred and fOrty-nine new convicts,
and there escaped during the same pc
riod two thousand and thirty-four, five
hundred and thirty-eight of whom
were recaptured, leaving 1896 that
were not recaptured, making frac
tion over 20 per cent of as many eS-
capes without recapture as there were
convictions during that period of
time; and / say to the senator from
Collin that my information is that
the worse thieves are more expert at
getting away than the average con-
vict, and that at least 20 per cent of
all horse thieves manage to escape
without recapture. Now, under the
| lease system, in the nature of things,
the primary object of the lesSees is to
make money out of it, and the ques-
tion of security of the convicts from
escape is dwarfed into secondary
consideration. Now, / see no proviS-
ion in this lease looking to any change
in the existing order of things, and
we cannot expect any Improvement
under the lease system, and the peo-
pie are tired of having so large num-
| Der of escaped convicts scattered
| throughout the state, who, as class,
are the most dangerous population
| blldI w y udNC III Jul lulNlOD, anu, LII
| Judgment, they will not look with
any degree of patience upon any
action of ours that looks to a perpet-
uation of this state of affairs for the
next ten years. If the state will take
charge of her convicts, then the en-
| forcing of the full sentence will be
made matter of primary considera-
| tion. and the matter of making money
| ont Of tho rapitantiarU and 0Onui0tC
subordinate; and we may reasonably
expect some relief from this we'll
recognized and acknowledged existing
evil.
Mr.. Matlock said that it had not
been his intention to say anything
upon the question; that he had been
trying to arrive at what would be the
best action in reference to the lease;
that he now believed that it was best
to ratify the lease, with the amend
ments that had been adopted. He
was opposed to resumption by the
state: that while the state worked
the convicts, it was always at an eX-
pense to the state; that the opponents
to the lease opposed it, not because
they wanted the state to resume and
keep the convicts inside of the walls,
| DuJ lOI J1c pun pOoO VI hlAAhS oIOhh
out to make money. They
do not contend that resumption
will put any more in the penitentiary
than there are now. He cOntended
that the state could not resume with
out a large appropriation from the
state to begin with; that when she
did resume she could not work them
to any profit and that he could see no
difference in the lessees having them
outside of the walls and the state do
ing the same thing. If the conYlcts
are not to be kept inside of the walls
it was better to ratify the contract as
modified and relieve the state from
any further expense on them. he
showed that there were now only 5O2
convicts inside of the walls and
1878 outside. Under the lease
400 are required to be placed inside
of the walls inside of three years; and
that there will then only be 1256 out
side, considering that the increase
will continue as it has in the past. lie
claimed that the Democratic platform
and the people demanded that these
convicts should be placed inside OF
the walls, and as the lease is the only
step in that direction he favored 1T In
preference to resumption by the state,
which promises nothing. That it was
the duty of this legislature to settle
this question, and that if they failed
= 70 rafifv the lease the question will