Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1888-02-03
THE PENIrENTIARY.
MESSAGE or TIE GOVERNOR TO TIE
GENERAL ASSEMBLY ON
THE sUBJICT.
Attornsy-asneral Ayers is Of Opinion that
the State is Rot Bound to Rebuild
the shoe-shop.

message following and it was referred tC
the committees Of the two houses which
are now sitting jointly toinvestigate the
cause of the fire Tuesday morning, ano
all matters in relation thereto:
81 have the honor to transmit here
with a communication from the Board oi
Directors of the Virginia penitentiary
in reference TO the recent loss OF that
portion OF the building occupied by Mr..
Joseph Davis for shoe-shops under o
contract with the State.
"For your information it may be pro-
per 10 add that the existing contract be-
tween the State of Virginia and Mr.
Davis was made by and with the advice
aud consent OF the Hon. William e.
Cameron. then Governor of the State,
on the 2Sth day of July, 1885, or about
five months before | entered upon the
discharge of the duties of this office.
"A former contract by this agreement
was extended for a period OF five years
after the expiration of its term namely,
from and after the lst dav of May, 1887,
and was thus continued until the 1st day
of May, 1892.
"In April. 1856, in response TO my re-
quest. the Attorney-General gave me a
written opinion that this contract had
been legally executed pursuant to au-
thority conferred by the Acts Of the
General Assembly OF Virginia and was
obligatory upon the State.
ain reconsidering the terms of the
contract on The part OF the State with
Mr.. Davis SINCE the destruction OF the
buildings assigned to him for his shops,
l have thought proper to ask the Attor-
ney-General for his opinion as to the
present obligation of the State under
the contract with Mr.. Davis to provide
another building in which his former
work could be renewed. l submit here
with his response to that subject"
The communication of the board has
been published, III substance, in these
columns.
1t officially informs the Governor OF
the fire, roughly estimates the loss to the
State at $40 GOO, and says that the Davis
Shoe Company asks that the shoe-shop
be at once rebuilt so that they may re-
sumo work in accordance with their con-
tract with Governor Cameron, &c.
THE OPINION OF Mr.. AYERS.
The opinion of the Attorney-General
is as follows:
COMMONWEALTH or VIRGISn, J
ATTORNEY-G GENERALS OFFICE.
RIcHMoSD, February 2, 1888. \
Sir,-I have the honor to acknowledge
the receipt of your request for my opin-
ion in writing as to whether there is any
legal obligation resting upon the State
under the terms of the contracts made
with the Superintendent Of the Peniten-
tiary by Joseph Davis, dated respectively
the 7th day Of April, 1880, and the 2Sth
day of July, 1885, TO rebuild the shoe
shops recently destroyed by fire at the
penitentiary.
The contract Of July %, 1885, is re-
newal of the contract of April 7, 1880,
and refers to and adopts the terms of that
contract, with some additional provisions
and conditions.
The terms of the contract of the 18th Of
April, 1880, so far as they are material to
this inquiry, are as follows:
"And the said party of the first part
is also to furnish to the party of the
second part, free OF rent, whatever build
ings may be required for the contem-
plated manufacture, except that it is un-
! hnN l,n 4 70 h.,,
new buildings erected for this purpose.
and also understood and agreed that if
the buildings at any time in use by
the said party OF the second part
should be destroyed by fire or other
causes said party of the second part
shall not be bound to pay for the labor
of any of the said conyicts who may be
thus thrown out of employment until
new or suitable buildings shall be placed
at his disposal"
The contract of the 28th day of July,
1885, has this additional provision In re-
gard to the buildings-via
"Said Davis agrees to hire and EN-.
ploy, at the same rate, one hundred and
fifty additional male convicts, making
five hundred in all, whenever the party
Of the first part will provide suitable and
ample buildings or rooms for working
them, and as many female convicts ad-
also at the same rate he is now
paying for them, as the party OF the first
part will furnish and provide proper
for.
The contract of July, 1885, further re-
cites that "all convicts furnished and
hereunder are to be furnished
and employed upon the terms and pro-
visions of said Davis contract of April 7,
1880, except so far as herein modified.
The contracts contain many other pro-
visions and conditions not material to be
in this connection.
After giving the fullest consideration
possible in the limited time | have had
within which 10 examine the contracts /
am of the opinion that there is no legal
obligation resting upon the State to re-
build the shoe-shops occupied by Davis
under the contracts recited. An express
provision of the first contract exempted
the State from any obligation to erect
new buildings and to provide for the
contingency which might arise from a
destruction of the buildings by fire or
other cause. 1t was agreed that in such
IN event Davis should not be bound to
pay for the labor of any of the conyicts
who might be thus thrown out of en-
Dloyment until new or suitable buildings
should be placed at his disposal.
l am Of opinion. therefore, that it is
optional with the State whether or not
,he will rebuild the shops, and in the
mean time Davis is exempted from any
obligation to pay hire for any convicts
.hrown out of employment on account
)f the destruction of the shops by fire.
Very respectfully, L. A. AYERS,
Attorney-General.
His ErceHency FitzhUgh Lee, Esq,
Governor OF Virginia.
COMMITTEE MEETING.
The Senate and House Committees on
Public Institutions met ut the st. Claire
Hotel yesterday afternoon and took
)mnibuses and proceeded to the peni-
entiary, where they viewed the ruins
If the shoe-shop. They then went into
he Superintendent's Office and heard, in
IN informal way, statements made by
Moses and Mr.. Reese as
20 the fire.
Mr.. Moses was in bed but awoke
when the cry Of fire was heard end, see
NO that IL was on the penitentiary