The Savannah morning news., 1900-10-25

I
misdemeanor Is punishable By fine not
I Ia exceed E.o0O. imprisonment NOT TO eK-
coed six monthss 70 work In the chain
gang on the publc works, or on such other
works as the county authorities may en-
| pioy the chaingang. not 90 exceed twelve
months and any one or more Of these
punishments may be ordered In the dis
erection OF the Judge; provided. that moth
ing herein contained shall authorize the
giving the control OF convicis 20 private
persons. or their employment by the coun-
~ authorities In such mechanical pursuits
az VIII bring the products OF their labor
INTO oompeution with the products OF free
labor"
CONSUMING this section with section iis7
70 llE' Inclusive, u would appear that
no other employment OF the Changing
than on pubic works was originally in
tended by the legislature: but Il would
seem by the section first referred TO, that
where county has a legally Organized
chainEang. with superinteudents and
guards hired by the county authorities. In
charge thereof. such authorities may en-
gage me chaingang legally on other works
man public works. but 10 labor for a pri-
vate individual whose employees are made
superintendent and guards the wages OF
whom are paid by the individual and not
by the county authorities out OF tins. pub-
lio funds. and In which the county has
no interest, except perhaps 20 hire 20 this
individual It's misiemeanor convicts. f..
while apparently under color OF law. a
mere evasion.
"A large majority n not all the chain
gangs not employed on public works CT
cepi the third class mentioned. are so
| organized, and many OF them do not even
! employ tho oonvlcts OF the county where
they are located. but depend for their Ia
Dor upon convicts from other counties
who are not hired by the county authori-
ties but by the individual for whose ben
ennt the Changing was 80 organized
Those embraced in the third class have
not even color OF law TO support them
hut are directly In conflict with that pro-
vision OF the law which forbids the CIV
ing the control OF convicts 10 private per-
sons They are organized without the or
der OF any county authority. and are I'M
der the control of none. aud make no re-
port TO any official. have only been dis
covered by this commission accidentally
In giving this commission general SUI
pervision OF the misdemean0r convicts of
the state the Ace OF 1897 aimed 20 esiab-
a uniform STANDARD OF punishment and
treatment thereof. but the authority con-
ferred In the exercise OF such supervi-
sion Is too limited 20 be effective As re-
ported a year ago. the commission in
obedience to said act. advised with the
county authorities in making and altering
rules for the government. control and
management OF said oonvicts' and the
rules so formulated by the commission
were acquiesced in without dissent. but
so infrequent IS the inspection required
BY law, that the rules can be violated
without detection. unless the county au-
tnoriiies. who are directly responsible for
the control and management OF these
gangs exercise the most constant vigil
lance. and this Is especially true In those
gangs organized for private individuals.
The counties having no financial interest
In such chainganRs. the temptation to the
authorities Is great 90 shift the response
bility Of the management from their own
70 the willing shoulders OF the private
contractor.
las long as the law IL unchanged. II Is
possible to have In the state as many
chainEangs as there are counties. more
even. for AZ present there are several In
some counties. each with a different
standard and for the punishment and
treatment OF misdemeanor eonvicts who
are amenable 10 the same law and en-
titled 20 the same treatment 10 differ as
often and as widely as the temperament
and vigilance Of county authorities differ
from each other.
Under such a system abuses are more
likely to occur. and they do occur IN the
best regulated and most wisely governed
penal institutions. than under a system
which provides for uniformity. and under
which the responsibility for management
and control IS less divided"
Fully concurring with the commission
In ms views on this question and believing
from personal observation that IL will not
be possible under a divided authority and
a divided responsibility 10 correct abuses
which are known to have existed in some
~. Z ~.
the law be so amended as to take the con-
troll OF all misdemeanor convicts out OF
the hands OF county authorities and place
II in the hands OF the Prison Commission
with the same powers and duties they
now have as to felony convicts. Each
county desiring 20 employ a changing
on public works should be permitted 20
do 50. using rs own misdemeanants for
this purpose and such other reasonable
number as the commission may see cause
20 hire TO a.. but even IN these cases all
wardens physicians. guards and whip
ping bosses should be employed and paid
by the commission and not by any county
authority.
All other conv1cts not 50 used. should
be disposed OF by the commission under
contracts. just as felony convicts are now
disposed OF. returning 20 the counties in
which they were convicted. the net hire
conviction a. now provided by law.
The proposed change In the law would
increase the work IN the Office Of the Pris-
on Commission and require a little more.
but not necessarily much more money
than is now required An additional war
den or wardens should be employed to
visit frequently and inspect the camps and
see that the law and the rules prescribed
| by the commission are faithfully carried
| out The clerical work IN the office would
| be necessarily increased. but e T. believed
| that one man such as the present able
and efficient secretary could, with the as
sistance OF stenographer al a cost of
500 a year. be able to do all the work
q the once not done by the commits
sioners themselves.
In this connection I deem Il my duty
| IN Justice 10 the secretary OF the com
| mission and IN view o. the magnitude and
| importance OF tho work done by him. 20
| advise that the law he 80 amended as TO
| allow him a salary OF eighteen hundred
! dollars instead OF twelve hundred dollars
| per annum. as now provided II the pro-
posed change In the law placing mis-
! demcanor convicts on the same footing
a. felony convicts Is made. this increase
! OF expense will cost the state nothing.
| since an expenses incurred IN the manage
ment Of the misdemeanor convicts would
| be paid out Of the hire Of this class. and
| even then I believe. and the commission
\