Daily Texarkana Democrat., 1893-05-26
HEAVY DAMAGES
Claimed by the Arkansas industrial
Company from the State.


In view of the refusal on the part
of the lessees of state convicts TO pay
the amount due to the state for their
hire for the past year and the further
claim of damages in the sum of $127,-
600, alleged to have been sustained by
said lessees, because Of recent changes
in the convict lease law, the chances
are more than good for long and
tedious lawsuit between the state of
Arkansas and the Arkansas Industrial
Company. In conversation on this
interesting and important subject, At
:torney-General Clark was heard to
say:
"rhey refuse to pay the 1888, ,3o749
for the hire of the penitentiary con-
vi&s for the year just ended May 6,
and have put in a claim for $4,000
damages against the state, alleged to-
have been sustained by reason Of
changes IN the state laws, rulings of
the board Of penitentiary commission
ers and action of the state Inspector
Of convicts, and | am preparing to
bring suit against the bondsmen ofthe
original lessees, Townsend and Fitz.
patrick, for the hire of the prisoners
last year. II Is gilt-edged bond, and
pinety-fve good names on it, among
them the late Captain James r. Miller,
and it is for the sum of 100000"
To understand the claim of the Ar
kansas Industrial Company, IL is nee
essary to state that after The lease of
the convicts to Col. Zeb Ward had ex-
pired they were leased to j. L. Town.
send and i. A. Fitzpatrick for ten
years, and by them relet to the Ar
kansas Industrial Company, who kept
them under this contract till May 6
last when the new law abolishing the
convict lease system went into effect.
In 1889 the legislature passed law
amending the law Of communications, so
that instead of two days a month be-
ing allowed for good behavior, a
twenty-one years sentence could be
commuted by system Of gradations
to twelve years and nine months. The
claimants urge that prisoner grows
more valuable the longer he is in SER
vice, and that they were greatly dam
aged by this commutation law by loss
of time Of prisoners so commuted.
The chief claim for damages will no
doubt be urged ON account Of rul-
ing Of the board Of penitentiary COM
missioners IN March, 1888, withdraw
ing the convicts from the Coal Hill
mines after the discovery known as
the Goal Hill horrors" SO named be-
cause of the fact that prisoners had
been whipped to death and otherwise
maltreated by their guards.
The stock Of the Arkansas Indus
trial Company is practically owned by
the estate of the late Capt. Jas. II.
Miller and 5. M. Apperson. Mr.. Ap-
person has practically managed the af-
fairs Of the company since the retire.
ment Of Allen N. johnson in 1890,
These developments can but pro-
duce profound sensation throughout
the entire state, and the board Of PEN
itentlary commissioners truly have no
bed Of roses to lie on in extricatlng
the state from these new difficulties
that present themselves, though the
encouragement says the claim can
never be sustained.
The Coal Hill or Ouida mine con-
tract was ooextensive with the lease
Of the Industrial Co., and had five
years to run. BY this contract the
mines were to have 150 men during
the winter and 100 men during tho
summer months.