New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1897-07-27
RELIEF FOR CONVICTS.
BROOKLYN A MARKET FOR GOODS MADE
IN THE PENITENTIARY

IN THE PENITENTIARY.
THE CORPORATION COUNSEL DECIDES THAT THE
CITY Is A POLITICAL DIVISION OF THE STATE
AN ESCAPE IN SIGHT FROM IN
SANITY AND LIVING DEATH RE
sULrrNG FROM 1DLENEss
Corporation Counsel Burr yesterday gave an
opnion in which he holds that the Brooklyn
city departments must buy supplies manufact-
ured in the Kings County Pententiary. II such
supplies be up to the standard required. This
,s an opinion Of far-reaching Importance. and
should open the way for the employment of
many more prisoners than those for whom the
Charities Commissioners are now able to pro-
vide work.
The new State constitution provides that pub
lIc supplies for "the State any political d-
vision thereof must be bought from the penal
institutions Of the State or counties that manu-
facture them Until MI. Burr himself, a few
weeks ago. raised the point that there was
doubt whether cities were political divisions Of
tho State. and whether this provision applied
10 cities II had been the prevailing opinion that
the constitution intended to have cities buy
their supplies from the penitentiary. AS the
supplies bought by the governmental depart
mentS or New Ork, brooklyn, BulIalO anu tne
other cities of the State amount in value annual
" 10 large figures, 1t Of once recognized
that on this point hinged the health and sanity
OF hundreds Of convicts.
Deputy City Works Commissioner Fielding ap-
Piled to Mr. Burr for the opinion just given.
The Charities Department had Informed the
City Works Department that It was in posi-
ton to furnish brooms, brushes and scrub
brushes.
Mr.. Burr in his opinion notes that the con-
stitution provides that the work Of prisoners
shall not be farmed out. given or sold to any
person. firm or corporation. and further, that
the city Of Brooklyn Is a municipal corporation
He then quotes this clause Of the constitution:
This section shall not be construed to pre-
vent the Legislature from providing that con-
yicts may work for. and that the products OF
their labor may be disposed Of to the State OF
any political division thereof. or FOR or 10 any
nubic institution owned or managed and con-
trolled by the State any political division
thereof
Mr. Burr points out that unless municipal
corporation is construed to mean pohticai ol-
vision Of the State it is in the same position as
other corporations. and cannot buy these goods'
Mr. Burr cites from decisions to the erect that
the State itself is a sort Of quasi corporation
He adds:
1T seems quite clear. therefore. that the word
corporation in the constitutional provision must
be construed literally. since otherwise the ex-
ception TO the prohibition would refer TO ooo!
not included in the prohibition itself
WHAT THE DEBATES SHOW
In order TO learn what the intent Of the Con-
s,tutional Convention was when 1t used the
words political divisions" Of the State Mr'
Rurr studied the debates of the convention as
found in the journal Of its proceedings he
says:
These disclose that the evil to be remeoied Wa; WSs
those persons who had made contracts for the EN-.
pioymeni Of prison labor TO put upon the maIkes a
yieldne enormous profits 10 them, yet were SO low
as 10 deprive free labor of the means OF obtaining
TIsh that result it was clearly recognized a Una,
iy nat of enforced idlenesss on the part OF the
conyicts which would result IN great sumtlie b au
that II was supposed by means or the prohplu0QI on
and the exception TO 1t that o9th evils evils wouru D Ne
swer 10 the objection that prohibition would enforce
iaeness with all the evils consequent upon many
nf Inc conyicts that there were so many pubic m
sttutions scattered throughout the State whlch
would require supplies to be furnished 9 mem d e tSl
GENTLY carry the public service IN Its orS
anGne5 SIc oncuSation for the convicts in the diff
ferent prisons. penitentiares and reformatory IN
opinion Of the convention. to permit such supplies
10 be furnished TO the various governmental agen-
cjes in the State would work no injury TO free labor
since the opportunity of gain on the part Oh o con-
tractors would be taken away. we must assume
ple in adopting the amendment did not Intend TO
draw any distinction between a county and city
chase supplies for public use from prison labor.
THE INTENT OF THE WORDING APPARENT.
That the Legislature in dealing with this subject.
understood that the words political subdivision
Of the State included such municipal corporations
quite apparent from an examination of several
provisions Of the act i is among & ether things, H
iaSorf Of the convicis in the pcntentarles after
the necessary labor for and manufacture , or an an
voted to the counties respectively in which said
peniteniiaries are located, and the towns. cities
supple: sup sAS for the public institutions Of the counties
provided csec ioD that the prices for goods labor
furnished to or for the county In which they are
except in New-York and Kings County in which
Charities and Corrections, @rsspe.ctMvely, resp M
that I'M sHeS1 rrG of Charities and Correc
tions in Kings County should furnish supplies for
SSc S use in the in and de R he pes
thereof. But the county OF Kings is restrained by
@ ISnsiIOh @ and Therefore aTG puThas supplies.
Unless under the words or the pontcaI DIVISIONS
Brooklyn. acting through its departments or agsn-
ces, this provision Of the statute is wholly futfe,
for no condition OF affairs could ever arise in which
the Commissioners Of Charities and Corrections
could act under It. Neither does there any reason
exist for drawing a distinction between counties
and Incorporated towns on the one part and cities
and Incorporated towns and villages as 10 their
power to purchase such supplies as are needed Tor
the efficient carrying on OF the various depart
rnents Of governments. 1t nowhere appears that
II was supposed that supplies might be purchased
labor but not by the Any distinction in this
respect seems not 10 have been suggested or con-
sidered
EXISTING CONTRACTS MUST BE FILLED.
Mr. Burr holds that existing contracts for sup
plies must be lived up 10 by the city. and says
in conclusion
The mere fact that the Charities Commissioner