The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1883-03-25
capital to operate the psnitentiariss sue


enterprise OF such magnitude, II II is 90 be
restricted 10 shor. or TO an uncertaia
period. Therefore the amendment oi the
senator from Cooke, 20 the ef
feet that the lease shall be
revocaole at the pleasure OF the Legislature,
ought not TO be adopted, and | trust the
senate will vote il down.
But there are senators Oh this floor who
have not exhibited spirit Of fairness and
candor in their discussion and treatmen. OF
this question. Look At the quibbles they
raise, and the frivolous aud technical obieC~
tionS they make, They complain Of the
lease because it fails to provide against the
contingency of death-aeath OF the lessees.
The presumption is in favor Of life, aud all
contracts, all business engagements, are
made IN view oil this presumption. IL the
parties die, the benefits and responsible
lilies OF the contract accrue to and rest upon
their representatives, their executors and
administrators. The contract of the lease
under consideration is no exception to this
rule. Should these leSSees die, their rep.
resentatives will be bound to carry out
this contract to the letter. Aud failing in
tins, the governor can, Ms he ID now au-
thoriked To do, revoke the lePse, or declare
1t null and void.
Listening TO the arguments of the sem
ator rom Austin aad Travis, one would
think that none but men OF IRON or bronze
should ever be allowed to lease
the penltentiaries, men who by
their nature cannot die. This
can never be unless humanity is cast in a
different mould wherein there are no seeds
OF DEATH
But if men could enjoy an immunity
and exemption from death, it should be
those who are honest and brave, true aud
Just in all the relations of life. Aud when
that happy lot falls to man, H. IL. Cunning
ham and W. r. Handy will live forever.
The senator from Travis has criticised
with much severity sections Z, 10 and IL Of
the lease. Section says, "said lessees
shall coniine and work within the walls of
said peni,entiary, or at labor near by and
Incidental TO the operation thereof, at least
400 conyicts." This expression is
construed to mean Il refer to the words
near by'') that tile convcts may be placed
on farm on the Brazos. The words NEAR
by, the senator says, II used in regard to
penltentiary in Delaware or Tennessee,
might mean what il says, bus in Texas
near by" means something else. did
not know before that the size Of state had
anything to do with, or in any way affected
the grammatical construction or the legal
meaning OF verbs, adyerbs, propositions or
adyerblal phrases. In big state "near by"
means far off, in small one near, or near to
is that the logic?
The senator seems TO DO greatly fright
ened because it is not stipulated IN section
10 where the convcts shall work. Now
could IL be expected or required that such
provision rs that would 6e placed in the
lease, when IT is not. and was not known,
where or the particular point at which there
would be work Tor them? To lease the pen
itentlaries for definite period OF ten years,
would be absurd, for no man can tell NJ
what point where their labor would be
needed, or be protitable or, if so, how long
IT would remain so. Who could tell that
there would be work for all these outdoor
convicts ut one point for ten years.
Suppose 1t had been stated
that all OF them should be
worked on railroads ard the build-
ing of railroads should cease, or on farms,
and the farmers would not take them, or At
any other particular kind of work, do you
not know that no business man would take
such contract?
He further says that the sections 10 and
ii give the lessees absolute control and di-
rectlon OF all conyicts. The senator is an
accomplished lawyer, and well understands
the meaning and legal import of language,
and how he can so distort the plain mean
ing OF these two sections is amystery to me.
Let us read section 10: 1.-THE right is re-
served to the state, through its officers, To
direct how, and ut all times and under all
circumstances, the conyicts whose labor is
herein contracted or leased, shall be lodged,
fed, clothed, worked, guarded and
treated hnmanely, and it is dis
tinctly understood and agreed that
the control of said conyicts does not,
nnInr ilia lpaga 10, o. al.
officers, and the management of said CON
ylcts, shall, IN all cases, and under all cir
cnmstances, remain under such control"
The last clause of section IL reads AS fol-
lows; And the said state reserves the
right and authority TO forbid that said con
ylctS be put to any work which subjects
them to any unusual danger to their person
or health, or facilitates their chances OF cs-
cape"
Now give to this language a fair and rea-
sonable construction, and what does il
mean IL means just what all lair-minded
men are forced to say it means, that the
state oil Texas has the control and direction
and management of all these convicts, with
the single exception OF saying where they
shall work, No man would eyer suppose
that the latter would be done, who knows
anything about the uncertain condition OF
labor III Texas. No, sir, the senator has in
obliged in species of special pleading in
the discussion OF this question, such as fifty
y lawyer before county JUS
tice of the peace, whom he is trying to be.
wilder and mislead. The senate will never
be swayed or captured by any sush trick or
any such chat.
The senator says he is laughed at for his
humanitarian views. Well, these views are
so exaggerated that we could not think the
senator sincere, for he has gone no far az to
say that there are as good men in the peni-
tentiary as he or other senators on this
tloor. All have to say on that point il
that the men in the penitentiary
are in awful bad company.
The son OF the poor widow he speaks OF
ought not to expect 10 lounge on flowery
beds OF ease and pass his days and nights
in idleness in the state prison, when he
has directed the death.dealing bullet or
plunged the remorseless dagger into the
heart Of his victim. When he violates the
law he should be made to pay the penalty.
He should be made to feel that the verdict
of a jury and the judgment of the court
meant something. Then murders will not
be 50 frequent; theft, burglary and robbery
will not be the standing and staple item for
our newspapers. and will cease TO blacken
the records OF our courts. When the axe OF
WV NW ioiA't 'Nt ~ ib4i WIN httu tuSr
and heavy weight, and men will pause
and think before placing their necks under
it. Eycn the son OF the poor widow will
pause, and thus deprive the
country and the senate of the tears, and
the gushing ana plaintive .ymps
thy OF the senator from Travis.
The aristocratlc youth, hot.headed and i'm.
pulstye, will pause and find II better 70 in
dulge his love for pistol practice on other
than human targets.
Poor young things, too delicate and ten
der to work or sleep on rugged beds, yet
strong and willing enough 20 shoot and cut,
and steal and rob and rape.
Give him bed OF down and diet Of
deiicacies." says the senator from Travis.
Take him up iondery
Handle him with caro-,
Fashioned 50 slcndorly,
Young and so fair
Oh ills pitiful
That Ia a giost city full
Friends he has none"
ExCcnt the distinyuished snnatnr from,