The leader., 1905-08-02
LEASING County Prisoners.

are urging strongly upon the Leg
isIature the abolishment Of the
system throughout the State.
Under the act of 1894, the Leg
islature left it discretionary with
the Boards of Supervisors Of the
several counties, whether to lease
the county prisoners Of work
them on a county farm. In many
of The counties the prisoners are
worked on farms, but in d num-
Der Of counties they are hired out
to contractors, who hold them un-
til the fines and costs against
them have been worked out, at
wages to be fixed BY the Boards
at from $500 to SIS. 90 permonth
for first class convicts, and from
$500 to $1,000 for second class
convicts.
The county conVicts are hired
out to the highest bidder at public
auction. The contractors or les
sees have the custody and control
of the prisoners, and while the
law provides for inspections of
the convict camps every two
months by The sheriff Of the coun-
ty, and for the investigation BY
the Boards Of Supervisors, Of
complaints by the prisoners of
bad treatment, the fact remains
that the county prisoners are sub
iected to the will and control Of
the lessees or contractors, and are
practically at the mercy of their
guards.
The whole system of leasing
conyicts is morally wrong in prin-
ciple, and should not be tolerated.
Every person who is intelligent
" informed upon the subject rec
ognizes the principle that the
State is under the highest moral
duty to retain the direct and ex-
elusive control of the prisoners,
and that the leasing of the pris-
oners to private individual is a
gross disregard and violation Of
this obligation.
The Boards of Supervisors
should not be given the power Of
deciding whether the county pris-
oners are to be hired out to pri-
yate individuals, and the Legisla-
lfITfa ShnuId not shift thiS rnSnon-
sibility, but, on the contrary,
should provide by a general law a
uniform basis for the custody and
care of the county prisoners.
Under no circumstances should
any of the county prisoners be
hired out to any contractors or
lessees. They should be worked
on county farms in all of the coun-
ties where their number would
| justify this method. And in the
small counties where there are on
Iy a few county prisoners, they
could be kept in Jail during the
time of their sentences. The cost
to the. county could not be great,
but no matter what the cost might
be, that can never constitute any
justification, or excuse, for leasing
the prisoners. 1T cannot be the
purpose and object of any system
of criminal Jurisprudence chat it
should be source of revenue to
| the State, on the contrary, the
fundamental moral duty resting
upon the State of taking the prop
er care of its prisoners, must be
fulfilled regardless Of the question
of expense.
It is a curious anomaly for the
State to prohibit the Legislature
by constitutional provision,
from leasing State convicts and
for the Legislature to give the
Boards of Supervisors authority
in this direction to hire out the
county prisoners. The constitu-
Lional convention abolished State
convict leasing upon the ground
that it was wrong in principle,
and it is necessarily true that the
leasing of county prisoners is
equally yiolative of the obligation
of the Stare to retain the exclu-
lsive control and care of its pris-
oners.
The moral view of the subject is
conclusive, even though the pris-
oners we're properly treated by
the lessees> and their guards,
which is by no means the case.
| do not mean to say that the
county prisoners in the hands of
I the contractors are always miss
treated, but / do assert that in
many instances they are badly
treated. In some cases they are
treated with great cruelty, and
they are, all of them, liable at any
time to be mistreated with impu,
nifty by the lessees and their
guards and employees.
Some shocking cases of brutali-
Ity have been brought to light in
this State, and they are sufficient
Ito demonstrate the fact that these
county prisoners are practically
at the mercy of the contractors,
and that they are without any
efectuaI safeguards for their pro-
lection.
On small scale it is precisely
like the leasing of the State con
victs. All Of the laws that can be
enacted, providing for the proper
treatment of these prisoners can
| not protect them, and secure them
| proper and humane treatment.
This was demonstrated for years
in the leasing Of the State con