The Memphis appeal. [volume] (Memphis, Tenn.) 1886-1890, 1889-05-21
THE PENlTENTIARY LEASE
THE CONFUSION INVITED BY SEC
TIONS ONE AND SEVENTEEN.
what May Ha9pon II There is no $780,
600 Bid and II the Corporations Leas-
ing Convict Labor Combine Against
the State.


lease. This is very bad policy. In the
FIRST place. both OF the political parties in
the State have, in convention and through
their candidates for Office, solemnly
pledged themselves against the penitenIi-
airy lease system. The public were led to
expect the Legislature elected
last year to take decided and practical steps
TO abolish the system. Instead, We
find the party in power deliberately
arranging to continue the lease and
make contract for six years, thus
taking it out OF the power of two succeed
ing legislatures, that OF 1891 and that of
1898, to adopt any prompt and vigorous
measures to rid the State Of the odious
system. In other words, the majority OF
the present Legislature have done what
they could TO perpetuate the system, in
stead of pushing forward legislation look
ing to its speedy adjustment, in compll-
ance with the solemn pledges OF the party.
Instead OF evincing desire TO fulfill tho
party pledge, the majority OF the Legisla-
ture went to the extreme OF placing IL out
Of the power OF at least two succeeding .
legislatures TO redeem the pledge.
In the second place the new lease law
willabsolutely prevent many much-needed
reforms in prison management, aud will
tend to discourage and postpone the re-
moval OF the old hull OF a penitcntiary
from the heart Of the city Of Nashville and
the erection OF new prison. The old
prison is a disgrace 10 the State, but a re-
ncwed lease for six years will throw diff
culties in the way OF removing this dis
grace. Indeed, the continuance OF tho
Objectionable lease system for six years
will throw the prison machinery OF the
State back in the old ruts so long COM
planned OF and invite an indignant discus
sion OF party pledges made and disre-
garded..
But, aside from these considerations, tho
new lease law threatens TO bring about
some serious practical difficulties. Section
| OF the law require that the Governor and
Penitenliary Inspectors shall at date not
later than September 10, 80, lease the peni-
Tertiary and the labor OF all the convcts,
for a term OF six years, beginning January
!, 1890, but that mo lease shall be made
In which the hire and rental secured shalt
be less than 100000 per annum, clear Of
all expenses on any account TO the STATE"
Section IL provides that the Governor
and Inspectors shall make proper adj.
verliscnent for bids, and that tho
pcnitentiary aud convict labor shall on tho
day designated be leased to the highest
bidder for the term oil six years. This sec
ton further provides that iii there shall
be no bids made in pursuance with this
act, then the Governor, rs before pro-
vided, may advertise the second time, and
II the result Is that there shall be no bid
dings, then the Governor and inspectors
may proceed, 10y aud through the superin-
dent, to hire out the labor OF tho
convicts, making contracts for as
long a period rs possible. not exceed
ing six years, and may lease the peni-
Tertiary ard machinery rs they may
think best" The section further provides
that 1.-THE Governor and inspectors in case
the property and labor n leased and hired
shall require Of the lessee or lessees n bond
with securities, such as they will approve,
In the sum Of not less than 500, 900"
Additional security may be required should
necessity arise, and on failure Of lessees TO
give Il the lease may be declared forfeited
and the property aud labor released for
the uncxpired time embraced by the
lermsoi the lease.
Now the serious question ariscs-and u
Is a mooted question in official circles
what is the exact extent OF the authority
and the latitude given the Governor and
Inspectors, in the event that no bid Is
made for tho lease OF the prison and con-
Wet labor a. high as 100000 per annuml
Section IL authorizes them, In case there
are no bids for the six ycars' lease at the
minimum price named, 20 lease for a shorter
time than six years, but does Il authorize
the leasing for less sum per annum than
slOO,OOO2 II IL does. then the Legislature
! has placed the State In the position Of the
, little boy who carried eggs TO market and
! who, when asked the price Of his eggs.
/ said: "Mothcr told me 10 ask Il
} cents dozen, but II couldn't
get that TO take 10 cents" II the Gov
ornor and inspectors arc authorized "a
lease for n less sum than SlOO,OOI
per annum, in the event that no bid i
offered ON the advertised date then the
Legislature has actually invited lower bid
I. than the minimum bid, which Ia section
2 OF the Law is named NJ n condition prcce
dent 10 the lease. II these officers are mo-
I 20 authorized, then what are they 10 d.
: with the peniicntiary elephant II no maj
= nor company will give 100000 per annuu
for the loascl
II IL safe TO say that no corporation o,
y association OF capitalists Is in q position q
offer more for the peniien,iary lease thar
the company which holds the prcscn
lease. This company Is In fact master o
the situation, and we think II Is also SAT
u TO say that In tho very nature Of the cir
= cumstanccs there will be no serious com
q petition with the Tennessee Coal, Iron
4 Railway Company for the lease. Their
!, may be osiensiblc competition, bu
= such competition will be mercl
y nominal with private understand
&c ing and an agreement for Oh
a dstrihu OF Of the labor and n division q
1. the spoils, Just AZ there was when the pres
/. cnl lease was bid for and secured. Sup
-c pose the present lcssccs are unwilling :
h pay 500. 900 year for another six-yeau
3 term, what company can come In an
u afford 10 take the lease for that term an
a amount7 The prisoners cannot be take
Il out Of the State. II there Is formed
q. combination Of corporations 20 take tn
10 lease these corporations will not be CON
le pctitors, and II the Governor and Inspector
OF arc authorized 10 lease on the best term
:. they can get, In the event that there ar
r. no 10000 bids on the advertised date,
,e Il not likely that tho Interested corpou
tons will DO eager 10 pay 100000 Yea
when. for lack Of the prescribed bid, Oh
State will 10 forced 10 take anything
Ne can get II there Ia no 100000 bid and
the State officials can't take less, then the
Il. will be in n peck Of trouble with man
moth pcnitentiary system on their hand
cf for xhich no uroyision has been made