St. Paul daily globe., 1895-11-08
LIGHT ON THE LAW
GEN. CHILDS ANSWERS SOME
QUESTIONS ASKED BY COM
MISSIONER POWERS
ABOUT PRISON LABOR.
COMMISSION CAN DETERMINE
THE NUMBER THAT MAY BE
EMPLOYED.
EF MORE ARE PUT TO WORK
Officials May BE Punished and
Also Enjoined in Civil
Action.
ABOUT PRISON LABOR.
sF MORE ARE PUT TO WORK

Attorney General Childs has writ
Ten Labor Commissioner Powers in
regard to the application Of the new
prison labor law, which regulates
the employment of convict labor un-
der the contract plans. Certain
questions had arisen between the
members of the commission appoint
ed to regulate this matter, ana the
prison officials, who seemed disposed
to question the authority vested in
the board.
The attorney general in his opin-
ion holds that the commission has
the right to determine the number
of convicts that may be employed in
any one industry. and that the will
ful employment of a greater number
than is authorized by law is a vio-
lation of the law on the part of pub
lie officials, for which punishment
has been provided.
Mr.. Childs' opinion follows:
"Gentemen: l beg to acknowledge
receipt of your communication OF the
2Sth ult. in which you submit the fol-
lowing question: Under the terms OF
the enclosed contract, can llle bOdiI u
of prison managers limit the number of
convicts furnished by them to the con-
tractors to 200. or less, without making
themselves liable for pecuniary dam
ages?
If the commission authorized by
section of chapter 154, above referred
to. reports to the board of prison man.
ayers that 200 is 10 per cent of the num-
her of persons at present employed In
the shoe factory in Minnesota, can that
I'D fta1. lArrl 1lNT 81
than that number of convicts to the
contractors under the terms of chap
ter 154?
TO the number of persons to be en-
ployed in any industry in the prison,
such as the making of shoes, and II
there are any legal limitations upon
those findings, what are they"
The provisions of the action to
which you refer must be read in con-
nection with those found in section 13,
which provides: Any existing con-
tracts for the labor Of prisoners con-
fined in the state prison or state re-
may be terminated by the warden. su-
perintendent, or other chief officer
thereof, or by the board Of prison man.
ayers, or other government board of
said Institutions, upon notice, shall be
so terminated by the warden, superin-
tenGant, or chief officer thereof, or the
board of managers or other governing
board of said institution by giving.
within ninety days after the passage of
this act, the notice provided for in
such contracts, or as soon afterwards
as the terms of the contract will al
low; provided, such contracts shall not
be terminated in such a manner as to
make the state liable for damages on
account thereof
The contract, Of which a copy has
been submitted by you, covers a period
of two years, without provision for any
termir alton thereof at a less period.
1t is, therefore, evident that it is saved
from the contemplation of section s, to
the extent, at least, of the employment
of 2G0 conyicts.
by the terms of the contract the
second party agrees to employ during
the period of the two years therein
named at least 200 conVicts, or such
greater number as the prison authori-
ties may furnish him. 1t is evident
that it is not incumbent upon the pris-
on authorities to furnish more than the
above number upon the contract This
being so, 1 see no valid reason why
such authorities are not properly sub
ject TO the law of 1895 as to the number
in excess of 200 which they may be dis