Evening star., 1900-04-25

labor and supplies as possible The state
commission @ of prisons shall devise and fur
lish TO all such institutions a proper form
i such reQuistions and the controller
snall devise and furnish a proper system
! tions - " ' 'ii''i'u
Inc state commission of prisons shall
not nor shall any other authority what
soeVer, make any contract by which the
Iapor or time of any prisoner in any state
PIisoI' re1ormatory, penitentiary, or TAIL
IN IA lLts state, or the product or profit of
ms work, shall be contracted. let. farmed
out: gwen, or sold to any person, firm as
soelauoh' or corporation; except that the
i prisoners IN said penal or reformatory in
sutuuons may work for and the products
OF their labor may be DISPOSED Of TO the
state or any political divisions thereof or
Tor or to any public institution owned or
managed and controlled bv the state or any
political division thereof
Inc superintendents. managers and Off
c!als OF all penal and reformatory institu-
| IONS IONS IN the state SHALL far as practl-
caDle. cause all the prisoners in said insti-
tutions who are physically capable thereof
70 De employed at hard labor for not to
exceed eight hours OF each day, other than
sundays and public holidays but such hard
lapor shall be either for the purpose Of
PRODUCTION of supplies for said institutions
or or Iof the state, or any political division
thereof or for any public institution owned
or managed and controlled by the state or
any political division thereof: or for the
purpose of Industrial training and instruc-
other OF such purposes.
Eliminating Partfsanshfp.
No appointment shall be made in any Of
the penal reformatory, or eleemosynary
institutions of this state on the grounds of
political partisanship; but honesty, capacity
and adaptation shall constitute the rule for
appointment, and any violation Of this rule
shall be sufficient cause for the removal
from office of the officer committing such
violation.
The said state commission of prisons shall
have the further duty and authority to
direct the employment Of such of the prls-
oners in the state and county penal and
reformatory institutions they may deem
desirable in agricultural pursuits on the
state or county lands, and the products of
such labor shall be devoted to the support
of the inmates of the public institutions Of
the state and Of the counties or the politi-
cal divisions thereof
No machine, except machines operated by
hand or foot power, shall be used in any of
the said institutions in the manufacture of
any goods, wares, articles or things that are
manufactured elsewhere in the state"
The commission are of opinion that the
nearest to a complete remedy for the evils
of convict labor competition with tine bus
mess and labor of the country would be the
Introduction of interstate commerce in all
goods, minerals or materials in whole or in
part the product of convict labor, supple
mented by state legislation on the lines
above indicated. But in the absence of
such legislation by all the states, and in
order to protect such states as do adopt
such legislation from the convict labor COM
petition of others, the most practical step
would be an act of Congress by which
goods. minerals or materials in whole or in
part the product of convict labor upon their
arrival in any state, would become fully
subject to its laws.
Power of Congress.
1t seems probable that Congress would
have power to pass such a statute as to any
article of interstate commerce whatever at
its own discretion; certainly it has the
power when the traffic in the commodities
concerned obviously affects the health,
safety or general welfare of the people as
is the case in both intoxicating liquors and
convict-made goods.
1t would then be possible for the states to
enact laws regulating or even prohibiting
the sale of all convict-made goods, reQuir-
ing bonds, licenses. labels or other safe
guards. which would apply also to the
example of such law see New York act
of 1897 general labor iaw), art. A; also
Penal Code. section 3s4b. Summaries of
similar laws in Ohio (Which were held un-
constitutional in the absence of the federal
legislation above recommendeD, Indiana,
Kentucky and other states will be found in
succeeding pages.
James H. Kyle, chairman: Boies Penrose
John j. Gardner, William Lorimer John c.
Bell. Theobald Often, Lee Mantle, Andrew
L. Harris, "Eilison A. Smyth, John NJ. Far
lips, M. D. Ratchford, John L. Kennedy,
Albert Clarke, commissioners.
For reasons fully stated in conclusion IL
in the report l do not concur in the recon-
mendation fixing eight hours for the DAYS
work. i agree with Mr.. c. J. Harris also
in his exception to that portion of the re-
port which recommends the interdiction of
prison-made goods Ellison A. Smyth, COM
missioner.
Believing that the productive employment
OF convict labor is beneficial to the convict
to the wage-earner and to the taxpayer
also that the sale Of their products under
ordinary business principles is not detri-
mental to the life. health or well-being OF
the community" 1 therefore dissent from
the recommendation for the Introduction of
interstate commerce in convict-made goods
! do not recommend a state law which al
lows only the use of hand or foot power
machines and confines the sale of their
goods to state and county alone. C. ]. Har-
ris, commissioner.
Accompanying the report are several ap-
pendices giving information bearing on va
rious phases Of prison labor.
Case to Be Heard Tomorrow
The case Of Ernest Rodgers, coIored,