The Richmond Virginian. (Richmond, Va.) 1910-1920, 1913-04-08
Federation of Labor and Farm.
ers' Union Compliments
in Suit
FILED IN CHANCERY
COURT OF RICHMOND
Would Restrain Penitentiary
Directors From Executing
Terms of Contract With
Missouri Concern

company of Roanoke. piaintin, the
VIRGINIA Federation of Labor and the
Farmers Cooperative and Educa-
tional union yesterday through tha'
company instituted the long-threat-
ened effort to prevent the Common
wealth from executing the terms OF
ita contract with the Star Clothing
Manufacturing company of Missouri
nv filing a petition for an injunction
in the Chancery court Of Richmond
The petition for a restraining order
is based upon the alleged unconstitn-
fionality of tho act of the general
bly, upon which the board OF
directors of the penitentiary IN jan
nary last entered into contract with
the star Clothing Manufacturing com
many Of Jefferson city. Mo, for lease
az not more than 500 iong-term male
and female convicts in the factory
which the Missouri concern proposes
to establish within the walls OF the
prIson October list. when the contract
If the Thatcher shoe company expires
II will be recalled that the directors
Of the State prison made what was
looked upon by them as very goeo
bargain with the overall concern, the
prfce for the convict labor, as stlpu~
lated in the contract, being prac~
ttcauv twice AS much for both classes
Of labor as that paid by the shoe COM
pany which now holds the convict
lease
Directors Arc Defendants.
Tho sult brought yesterday names
the 1--WE members ~ the board OF
directors. Governor Mann, DIR. J. T.
Maatin. secretary of the State Board
of Charities and Corrections, and
Superintendent Wood. OF the State
prison, as parties defendant TO the
action. the last three named being
designated by the act Of assembly To
approve any action Of the directors
involving the making Of a contract
for the lease of the convicts.
The contract with the star Clothing
Manufacturing company was signed.
sealed and delivered on January 9Th
last for a period Of Ave years. and II
the compiainants win II will probably
mean a damage suit against the state
by the Missouri concern for breach Of
contract,
4tft-4-v.- Act ~ T-stt.4sss~tt ss.t 4tsstaf
The complaiuants aver that tho act
If the general assembly approved on
February eth. 1917 permitting the
hiring OF certain convicts for work In
she State penitantisrv is unconstltu-
tional because. rot embodied I'm the
title of the MI hat the act Is AGAINST
q sound pHblfc policy and that the
petitioner is7 deprived of its property
without d@a PROCESS of law and in
violation Of the fourteenth amend
nent 10 the constitution If the United
States.
The act referred 20 authorizes
trial court to sentence certain pris-
oners 70 hard labor instead of con-
finement in the penitentIary. except
that those Of certain physical eondi-
ton character or disposition may be
hired out at the penitentiary. or en-
/ pioyed for the State at the peniten-
! tiary or on the State farm, The act
forbids the renewal OF the contract
then In force, nor may any contract
he made If ii be practicable to do
without one; but II contract he
made 1t shall not he in excess Of I'VE
years.
Conflicts With Section f#s.
The petition for a restraining order
further states that the act mentioned
is in conflict with section las of the
acts OF the general assembly. which
gives to the board of directors nf the
penitentiary control of the peniten-
tiary, because II substitutes for such
control the control of the governor
Of Virginia. The secretary OF the State
board Of charities and Of the super
intendent OF the penitentiary- II com
plains that. acting under the supposed
authority of the alleged void and un-
constitutional act, the various state
officers mentioned on January 6, 1918,
made n contract with the Star Cloth
ing company of Missouri, for the hir-
ing of convicts to that company,
which the petition asserts is void and
against sound public policy
Further the plaintiff states that this
contract brings the Missouri concern
into direct competition with the do
"a ipFs II ~
dltions which are very favorable TO the
Star Clothing company and very UNI
favorable to the plaintiff. The lat
ter Is compelled to pay a very much
higher rate for free labor than liz
paid for convict labor leased to the
Star Clothing company. Moreover.
the Blueridge Overalls company fur
nishes it's own factory and pays taxes.
which is not required of the Missouri
company. Consequently, the petition
AYERS the contract VIII cause great
damage TO the plaintiff which cannot
he compensated for by an action at
law, so that the com plainant is de-
prived OF its property without due
process of law and in violation OF the
fourteenth amendment to the consti
tuition of the United States.
Names the Defendant.
The petitioners therefore, prays that
Governor Mann, j. r. Mastin, secre-
tary of the State board of charities
and corrections; Wood. superintendent
Of the penitentiary; the members of
the board of directors of the penten-
tiary-J. p. Patton, l.. l.. sherer.
Samuel Cohen. w. d. Bradley and r.
Gerald Stratton--and the Star Cloth
Ing Manufacturing company be made
defendants TO the suit, and that they
be perpetually enjoined and restrained
from carrying out any of the proyi-
sions of the contract and that the act
be declared null and void.
The firm Of O'Fiarherty, Fulton &
Byrd IL employed by the plaintiffs.