The San Francisco call., 1896-08-14
PLENTY OF BAGS
FOR THE FARMERS,
San Quentin Will Sell Them
at the Same Price
So 20.
MUST OBEY THE LAW.
No Chance of Disposing of the
Sacks Under the Category
of Furniture"
SAYS TIE ATToRNIY-eENERAI
His Opinion on Request of the
Directors Seeking to Evade the
OStrom Act.
SAYS TIE ATToRNEY-GENERAL

The following is the reply of the Attor-
ney-General to communication from the
State Board OF Prison Directors to the
the sale of jute bags manufactured at the
San Quentin Prison:
SAN Francisco, Cal, Aug. 6, 1896.
State Board Of Eramiaers, Sacramento CdE.-
GENTLEMEN: am in receipt of your favor OF
the 4th inst, inclosing communication from
the State Board of Prison Directors request
ing the State Board of Examiners to make an
order for the sale of grain bags" under the
provisions OF an act entitled can act author
Izing the State Board of Examiners to sell old
furniture and all material belonging 10 the
State and not required for public use," ap-
proved March 81, 1891 Stats. 1891, 452).
In reply to your request for an opinion o.
upon the power of the board to sell such bags
under the provisions of the act in question;
and (2) as to whether or not an act entitled
"An act fixing the price and conditions of sale
approved February 27 1898 (stats 1893, 54),
is in conflict with the provisions of section
2, of article X, of the State constitution,
l. am of the opinion that any attempt Of
the Board OF Examiners to dispose of the jute
goods manufactured at San Quentin would be
a mere evasion of the act of 1898, above re-
ferred to, which fixes the price and conditions
of sale "at which jute goods shall be sold by
the State" and which Is the only authority
under which jute goods can be sold by the
State.
Ia
of Examiners to sell old furniture, etc., Is as
follows:
The State Board of Examiners are hereby au-
thorized SELL when in their judgment they deem
material belonging to the State and not required
for State purposes and pay the proceeds thereof
into the Slate treasury TO the credit os the general
fund.-
1t is perfectly manifest that grain-bags
manufactured by the convicts of San Quentin
are neither ''old furniture" nor "useless mate
rial"
inclose a copy of an opinion rendered by
me to the State Board of Prison Directors on
the I'd of last December, relative to their
powers and duties in the sale of jute goods
under the Act of 1893. can add nothing to
what I said in that letter, nor can advise
anything but strict compliance with the law,
even though such compliance may work ap-
State Prison. If the law is faulty it must be
corrected by the Legislature. and not other
wise; for, as was we'll said by Jusice Bronson,
in the case of Waller VS.. Harris, 20 Wend.
IN. ": Courts cannot correct what they
may deem either excesses or omissions in
statutory provisions without the danger of
doing vastly more mischief than good"
am further of the opinion that the Act of
February 27 1893, "fxing the price and con-
ditions of sale at which jute goods shall be
sold by the State" is not in violation OF the
provisions of section 2, article x, of our con-
stitution, but is directly in accord with Sec
tion OF article x OF the constitution, which
is as follows:
After the 1st day OF January, 1882, the labor of
conyicts shall not be let out by contract TO any
person, copartnership company or corporation,
and the Legislature shall by law provide for the
working of convicts for the benefit of the State.
Respectfully,
w. F. FIPZGERALD. Attorney General.
COPY OF FORMER OPINION.
SAN FRANCISCO, Dec. 2, 1895.
To the State Board of Prison Directors, Catjor-
nia-GESTLEMEN: In reply to your request for
q construction of an act entitled San act fixing
the price and conditions OF sale at which jute
goods shall be sold by the State" approved
February 27, 1898, and to your questions Q)
as to whether or not your board has the author
ity under said act to sell jute bags manufac-
tured at the State prison to manufacturers of
sugar and (2) whether or not the limitations
as 10 numb prescribed in said act for the sale
of grain bags" apply to the sale of bags man.
ufactured for other purposes
First am of the opinion that "lute goods"
manufactured at the State Prison can be sold
at the price prescribed by the act to any sec
tual consumer who will make the affidavit
required by section 3 of said act; and that,
although the act gives precedence to the
farmers of the State over all other persons in
purchasing 'grain bags" it nevertheless con-
templates that jute goods can be sold to other
persons who are actual consumers within
the State, and it places no limitation upon the
class of consumers to whom sales may be made.
Second--I am further of the opinion that the
limitation as to number prescribed by the act
applies to the sale of grain bags" only; but, in
aily event. If your board should unanimously
determine to make a sale in excess of those
limitations the act confers upon you the au-
thority TO do so, provided that sufficient grain
bags are retained to fill the orders on hand
and to supply the demand OF the farmers.
Respectfully,
w. +. FITzGERALD, Attorney General.
The foregoing opinion was rendered by
the Attorney General in reply TO a request
from the State Board OF Prison Directors
TO the State Board of Examiners to au-
thorize them to sell the grain bags now
on hand at San Quentin Prison without
the restrictions placed upon their sale by
the law known as the Ostrom act. Speak
ing of the matter one of the directors said:
The bags now left at the prison are n OF old
factured within the past year, and even if
they had to be carried over until next season
would then be just as fresh and newly-made
as any Calcutta bags which may be imported.
The prospect for their sale this year may