The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1902-07-26
STATE BOARD OF CONTROL DE-
ClDES THAT PRISON BARBER
SHOP MAY CONTINUE
UNION SAYS 1T WILL
CARRY CASE TO COURTS
Board Says If Warden Can Compel
Employees to Remain at prison They
Can Certainly Be Shaved There
Think Law Does Not Apply in Prison
Case.

The state board of control yesterday
rendered its decision in the matter of
the protest of the BARRIERS of Saltwater
against the state prison barber shop,
and, as expected, the decision is
against the BARRIERS. The decision, in
stead of settling the dispute, probably
inaugurates a bitter fight, at least it
throws the case into the courts, as
the BARRIERS declare they will fight the
matter through to the supreme court
before they will surrender.
Text of Decision.
The board in it's decision says:
IF the prison authorities may, for
the interest of the public service, so ar
range the prison management as to re-
quire the guards and other employees
to be present at all times, which must
be conceded, we can see no reason why
they may not, as an incident to this
management, arrange that such Of
f1cers and employees shall be fed and
shaved within the prison walls. To
this extent the act of the legislature,
requiring BARRIERS to be licensed, must
be deemed to have its limitations, and
in our judgment the incidental shaving
of the guards and officers Of the prison
by an unlicensed convict, acting under
the direction of the prison authorities,
is not a violation Of the laws of the
state, assuming, of course, that the
prison authorities have required the
presence of such guards and other Of
ficers in and about the prison during
the time it is convenient and possible
for them to be shaved. Our conclusion,
therefore, is that the prison barber
shop may continue to be maintained
for the purpose of rendering tonsorial
service for the inmates of the prison,
the warden, deputy warden, assistant
deputy warden and such other officials
and employees of the institution, as in
the opinion of the warden it is nec1s-
sary to keep about the prison and sub
ject to call for duty, and no others.
This would not include the families of
such officers, nor other persons not
in the foregoing class"
Protest of BARRIERS.
About six weeks ago the BARRIERS of
Saltwater commenced their fight
against the conduct of the prison bar
Der shop. They first obtained from
the attorney general an opinion to the
effect that under the law only licens-
ed barber could do tonsorial work in
this state, and that prison convict
could not be licensed. They then ap-
pealed to the board of control, pro-
testing that the prison barber shop
privileges had been greatly abused, the
families of many of the officers and
even outsiders having their work done
there, for which they contributed 25
cents month to support the shop. The
BARRIERS were willing, as a concession.
rather than precipitate a fight, to al
low the right of the warden and his
deputy to be shaved by the prison bar
Der. They contended, however, that
the shop was wrong in principle.
Warden Wolfer defended it on the
ground that in order to maintain prison
discipline he could not allow the en-
ployes to continually run up town to
be shaved. The board of control at
the time of-the hearing, suggested that
IL 1t was held that the prison shop was
not Justifiable, the BARRIERS would ex-
pect every state institution in the state
to follow the same rule, and that this
would work hardship in institutions
where the nearest barber shoD was
several miles away. The BARRIERS held
that it would be easy enough to secure
regular barber to visit the institution
regularly.
viii Take 1t to Courts.
AT that time Chairman Leayitt de-
clared that if the shop was found to
be illegal the board would certainly
stop it's operation. The question was
then submitted to Attorney General
Douglas, and the boards decision is
undoubtedly based on an opinion rem
dered by the attorney general in the
matter.
While the decision is what was gen.
orally expected, the BARRIERS received if
with great surprise and Indignation.
They declare that they will take the
matter into court and there determine
whether or not the state law can he
violated even in a state institution