The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1913-04-08
TRYING TO ENJO|N
HIRE OF CONV|CTS
Overall Concern, Backed by Or
gained Labor, Asks for
Injunction.
ATTACK VALIDITY OF LAW
III Petitioners Win, Thatcher
People May Get Contract
Once More.
ATTACK VALIDITY OF LAW

Seeking to prevent the putting Into |
effect of tho contract recently made |
for tho hire OF convicts in the State !
Penitentiary to the Star Clothing Manu- !
featuring Company, a petition for an
Injunction was filed yesterday in the |
clerks Office of the Circuit Court OF
the city OF Richmond. 1t is possible |,
that Judge r. Carter Scott will take |
to tho granting OF temporary
strainlng order. pending the filing OF
a reply by the Commonwealth and
hearing on the petition.
The petitioner OF record Is the Blue
Ridge Overall Company. OF Roanoke.
which concern has specific grievance
in that II claims it's business will be
injured By tho competition Of convict !
labor.
Other real cornplainants are the Vir-
ginia state Federation Of Labor and |
the Farners' Cooperative and Educa-
tional Union OF Virginia whose forces !
are Joined against the employment OF
prison labor IN competition with free
labor.
State Officials pefendsnta
The defendants arc William Hodges
Mann. Governor; Joseph IT. Mastin.
secretary of the State Board OF Chart |
ten and Corrections: James B. Wood |
Superintendent OF the Penitentlary:
James d. Patton, w. Il. Bradley. L. L.
Scherer. Samuel Cohen and +. Gerald
Stratton, the last Ave named being the
members OF the board Of directors OF
the penitentiary, and the Star
Clothing Manufacturing Company
O'F!ahcrty. Fulton &, Byrd are coun-
sci for the petitioners, through the
connection of Pichard Evelyn Byrd.
Speaker OF the House OF Delegates as
~
CARNATIONS.
An answer Will be filed at an carly
day by the State officials, who will be
represented by the Attorney General,
and who will resist the effort to stop
the execution OF the contract made In
accordance with the act OF the last
Legislature.
Should a permanent injunction be
granted, the State could not proceed
10 hire out tho 500 long term and des-
perate convicts TO the overall COM
pany, which now has similar con-
tract In the Missouri State prison. II
a temporary restraining order Is is
sued it would merely tie up the put
ting 20 work of 500 additional men on
the public roads for q short time. un-
IL the case could be argued and de-
cided. FOR the contract with the Star
Company is not effective until No
VemDcr ].
Might Give Contract TO Thacher.
But success in this matter OF an
Injunction might, ii was pointed out
yesterday. prove boomerang 10 the
petitioners. The constituttonality of
the act OF the Legislature is attacked
and. II this contention is upheld by
the courts, there is nothing to pre-
vent the prison directors from renew
Ing the existing agreement with the
Thachcr Shoe Company at the present
very low price. and to continue to en-
ploy all the 900 men now at work In
the shoe shops. All the propositions
stand or fall together, since the con
stitutionaiity OF the act which pro-
hibits renewal of the present agree
ment and which requires that only 500
men shall be worked on contract, is
being assailed by the labor people
The present Thacher contract expires
May /, but. if the new law stands
800 men Will he taken from tho shops
in May TO go TO work on the roads
and the Thacher concern will continue
10 employ the other 500 until Novem-
Der !. the time the Star people are
10 take charge. They are to have 500
men and about 100 women, aside from
the $50 or so required Tor work about
the prison.
Arguments Presented.
Three points are made by the petit
toner. as follows:
/. That the act OF the last Lcgsla-
ture is unconstitutional, because it
itilS 10 iNciuoe IN llS ute any REFER
ence 10 a contract for hire OF prison
labor. which section was merely in
serted as an amendment TO the old law
providing for working convicts on
the roads.
=. That the act is void because 1t
gives to the Governor and the secre-
tary OF the Board of Charities and Cor
rections a voice in the making of
prison contravct. whereas the Consti-
tuition gives such right solely to tho
board of directors OF the State Peni-
Tertiary. The board as Il whole sub
scribed TO the contract with the Star
Clothing Manufacturing Company
3. That the Blue Ridge overall Com
pany Will be injured in its business IL /
required to compete with the Star con-
Germ. xhich can secure tile prison |
labor at a lower price than free labor |
without having TO pay rent for fac
tory or taxes to the State, as its
The Thatcher Shoe Company now pays
A. cents n day for men and Is cents
for women. Under the new contract
with the star concern. the State would
get So cents for men and 90 cents for
women. II the law stands 500 men
will be put on the roads May l. and
for the next six months the Thacher
people will get the remainder ut the
Star peoples prices. Should the law
be overthrown, it would seem the or
rectors could make any contract for
all the men and women, a any price
they pleased.