The Dawson journal., 1884-05-22
The States Conv cts.
Telegraph and Messenger.

Tertiary system nor with the chatel
feature Of the lease. The validity
and fairness Of the lease are not cues.
toned by persons who are well in
formed, and yet it is held by some of
ourablest men that it is competent for
the Legislature to so change the law
IS to have criminals sentenced to the
public works, instead of the peniten
t1ary. This would leave tho present
convicts i'll the hands of the losSees
until their sentences or the leases
expired, but al future canvicts would
be put 10 work on the public roads,
building bridges, constructing rail-
ways through the several counties.
etc.
It is oar purpose to recur to this
subject at some future day. For The
present we desire to call attention to
the recent transfer of conyiets by Mr..
W. D. Grant, one Of the original les
sees, to Senator Brown, and Messrs.
English, Murphy and james.
The net of 1876, under which the
convicts were leased, contains the
following inhibitory provision:
SEC. VI. That heincorporated com
pany 50 leasing said convicts shall
not be allowed to sub-let or lease or
hire to others said convicts; and If at
any time such sub-lettiDg, sub leasing
or hiring is done Or PERMITTED to be
done by it, then the Governor Of the
Ssate shall proceed to vacate said
lease, and to release, under the same
restrictions and conditions as in this
act provided, or to sue and recover
of said company tue sum of five hun
dred dollars for each su5letting
or releasing, etc.
Under the terms and stipulations
set forth III tie act, the Governor
proceeded June p, 1876, to lease for
the term Of twenty years the convicts
then in the penitentiary, or thereat-
ter to be sentenced during that pepi-
cd. The contract was draws in con-
tormity vita the act Of tie Legisla-
tnre. Under the act three peniten-
tiary companies were organized, and
the conv;cts were divided between
them. Mr.. Grant belonged to Peni-
Tertiary Company No. 8, and it was
his convicts, numbering about 800, if
we remember correctly, that have
lately been sub let, OF leased, or trans
ierredn rs stated above.
The Governor, as the law required,
sock q bond from the lessees. In
this bond, now on File With the lease
in the Executive Office, it is formerly
agreed and stipulated among other
things, that the leSsees "shall not
sub-let Or lease, or hire said convicts
or any OF them to others Mr.
Grant has however. parted with his
conylcts to others, rs already stated,
and thus the question is raised,
whether under the law he was author
lied to do this.
1t was clearly The intention of the
Legislature hat the copvicts should
not be sub let, nor leased, nor hired
to any other person or persons. Is
not the sale or transfer Of his con
victs by Mr.. Grant to Senator
Brown and others,
such sub-letting. leasing OF
hiring as the act expressly provided
should not be allowed? Mr. Grant
executed bond to take proper care
OF these convictS, to discharge them
upon the expiration Of their several
terms OF Imprisonment, and not to
sub let nor hire them to- other per-
sons. Are he and his sureties still
bound by this bond? We understand
that the parties to whom he sub-let
the convicts have not given any bond
whatever to the State, and that no re-
cord has been made in the executive
office of the transaction.
We have no desire to comment I'D
on the matter ut present. Mr.. GRAFT
was a satisfactory lessee to the State,
and we have no personal objection to
urge against the sub essees The
question is, whether the obvious pur.
pose Of the law has not been defeat
cd; whether the Legislature intended
that he States convicts should be
bought and sold like SO many mules
Ia the market; whether tie Governor
has not duty 10 perform, and wheth-
er he has performed that duty as Tie
law requires.
Iha cures made hy Rrawnr's Innn