The Mena weekly star., 1909-08-05

'DN Andt lHCItibIe me Cha t1CfrV court had no Jurisdiction to en- Joln the peuiteniiary board from WI hdrawing their convicis from the company. The court also | beld that tue contract ha yiug ex- pred the members of the board were engaged II the discharge of legal and authorizcd q duty n or dering the couvicts withdraw wu from the company and that a suit against the board was iu effect against the State a d could not be maint ined.
 This is the Pitcack case that has been so often referred to it. connec'ion with the present cap- tol controversy. The other C ise so 1T, qaenylg mentioned is the McCopuell."
 What about inc MeConnell cas, ?'
 Well, Mcconnell was superia. tendeut of the peniten,i4r, and after this same Bfick Company contract bad been Tn force a short time the penltentiary board or dered the convicts withdra wn from the company. The Supreme Court at that time held that as the contract was still in force and as the company was complyiug with It's part, the board had no right 10 withdraw the couvicts, and that as the beard was at. teMpting 10 violate the contract. suit against the board was not suit against the State and the court sustained the Cnancery Court and the company continued to work the convicls until toey were withdrawn about eight years later by Supt. Pltcock.
 In deciding the Prtcock case the court oycrruled the Mcconnell case. Iudge Wood concurred with the majoriiy of the court in holding that our present board bad a right 10 withdraw the men afSrr the contract had expired, but dissented from the opinion in so far as 1t overruled lhe MsCon- nell case.
 Well. l started 10 tell you about bring out the convicts. At ter we took the men om the BIick Com. aiy, we then had about S0J who were bringing in no money at all. Of course we were clearing land and making other improvements, but 1t takes money to buy meat and meal, etc. Nineteen years ago the legisla- ture abolished the old lease sys- tenn of working the convicts. Under the old lease system, con vicis were turned over to s5me lessee who maintained and guard cd them and who had full control ot them. In lieu of this the leg lslature passed a law providing that convIcts should be worked under the contract system If equally as remunerative employ ulent could not be furnished them by the state, but provided that the convicts should at all times remain ia the possession and un- der the control of the off cers uf the state, aud that the state should say when and how they saould be cared for, etc. Not withstandiDg 1t was an i'm provement of the contract sys- tenn over the ,lease system, there had been so much public sentiment created against the contract system that our board for some time ignored the law re- quiring us to work the men by contract, trusting to the legisla- iure to make some other provision for giving them employment Finally we made a contract to work 200 of them al Sl day per man, subject to any action the i legislature might take. The legislature made no change in the law. The board then made a contract for 50 more at $l day
 lud afterward made a contract tor all others that could be spared frow the farm at Sl 10 day. 1 think about 450 are now at work under contract.
 "The new capitol bill directs the board to deliver 100 convicts te the Capitol Commission. That commission insisted upon the con- victs being maintained by the
 penitentiary board while they
 worked on the capitol. tearing Z out defective work, but as the law i said to deliver them to the Capitol , Commission, aud as that commis- sion has $l75, 900 appropriated . for tearing out defective work and has the cash on hand, and as , the penitentiary board has no . money, il did not feel disposed to buy provisions at long credit prices to feed the couvicts while they
 worked for the Capitol Commis- ; sion. Finally the Capitol Coms , mission agreed to pay 50 cents 2 per day tor maintaining the con
 :,e ,,,,;la they W4rkp0 on the