The evening times., 1898-10-12
PRISON-MADE. GOODS.
New York Court of Appeals Renders
mn ImpOrtaut Decision


New York Court of Appeals Renders
mn Important Decision.
Albany, N. Y, OctL12--A decision of
the court of appeals yesterday declares
unconstitutional the law passed in 1896.
requiring that prison-made goods sold in
this State, no matter in what State
manufactured, shall be branded as sucn.
In 1894 a similar law was passed affect
ing only prison goods manufactured in
other States. This law was also declared
unconstitutional, and the law of 1896 was
passed with a view of meeting the opin-
ion of the court of appeals in that case.
The question of the constitutionality of
the anti-ticket scalping law is now pend
ing in the court of3appeals, and 1t is
suggested that the same principle is in
volved in that question as in the law re-
quiring prison-made goods to be brand
ed, which was today declared unconsti-
tionai by the court of appeals.
The case decided yesterday was that
of the people against Samuel X. Haw-
kins, who had been indicted in Bingham
ton for having in his possession scrub
bing brushes manufactured in the peni-
tentiary at Cleveland. Ohio, and which
were not labeled, as required by the law
of this State. Mr. Hawkins Is large
dealer in prison-made goods. and he as
serted that the law under which he was
indicted was unconstitutional. He won
his case in the lower courts and their de-
cision was today affirmed by the court of
appeals. The court stood to in decid-
ing the law unconstitutional Judge
O'Brien wrote the prevailing opinion.
which was concurred in by Judges Gray.
Martin, and Vann. In this opinion Judge
OBrien says:
Hawkins is forbidden by this statute
from buying or selling or having in his
possession any prison-made article. ex-
cept upon the condition. that he shall at
tach to it a badge of inferiority, which
diminishes the value and impairS its SELL
ing qualities. 1t Is not claimed that there
is any difference in the quality of the
same grade or character made outside
of the PRISONS. The citizen cannot be
deprived of his property without due
process of law. The principle embodied
in this constitutional guarantee is not
limited to the physical taking of prop
erty. Any law which annihilates its val
ue restricts its use, or takes away any
of it's essential attributes comes within
the purview of this limitation upon leg
islative power. law which interferes
with property by depriving the owner of
pers him in the application of it for the
purpose of trade and commerce. or i'm
poses conditions upon the right to hold
or sell it, may seriously impair its val
| ue, against which the Constitution is
protection.
1T is entirely safe to assert that no
court has yet invoked the police power
to justify a statute the purpose of which
was to enhance the wages of labor in
in fac hN- SIInnreSSipo THROUGH
the agencies of the criminal law, the sale
of competing products made in prisons.
If the wages OF labor in a few factories
producing goods such are also made
in prisons may be regulated by the
police power, there is no reason why that
power may not be used 10 regulate the
rewards of labor in any other field of hu-
man exertion. If police power extends
TO the protection Of certain workmen in
their wages against the competition of
other workmen in penal institutions, why
not extend II to other forms of competi-
ton? Why not give the workman who
! has large family to support some adj
vantage over the one who has no family
at all? Why not give to the old and
feeble a helping hand by legislation
against the competition of the young and
the strong? Why confine such legisla-
ton to scrubbing brushes and other ar
ticles made in prisons when multitudes
of men engaged in farming, mercantile
pursuits and almost every vocation in
life are struggling against competition?
at would be manifestly unjust and in
consistent for the State, while it en-
courages and commands the employment
of convicts, and becomes itself the pa
tron and customer of prison-made goods
20 prohibit its citizens from dealing in
the same property. This State has de-
clared its policy to utilize convict labor
in the production of such articles as the
Government itself or that of any politi-
| cal division or the management of any
public institution may need. The con-
vict labor necessary TO supply such
large consumption must necessarily in
some degree. al least. affect the wages
of free labor. if the argument in sup
port of this law be correct. but the gen.
eral good overbalances any evil. real or
imaginary. that may proceed from that
policy.
Some other State may not see fit to
take all the profits of convict labor IT.
self, but 10 sell the products in the mar
ket and when the articles thus produc-
ed have been absorbed into the general
mass of merchandise, they cannot be
made the object of hostile legislation to
depress their value any more than IL
they had been made in private manufac-
turing establishments.
This statute belongs TO a class of
laws which have become quite common
in recent years, all resting largely upon
the notion that important problems in
volved in the social and Industrial life
of the people may be solved by legisla-
ton. This theory has, no doubt. a GER
tain fascination over some minds, but so
| long as legislative power is circumscrib-
ed by the restrictions Of a written con-
stitution. a statute like this cannot be
sustained by the courts. Whether tested
by the Federal or State Constitution, it
is, / think. an invalid law"
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