Forest City press. (Forest City, Potter County, D.T. [S.D.]) 1883-19??, 1913-07-11
The courts and Prison Labor
Written by George cosson, Attorney

General of Iowa.
Those who decry against the tend
ency of humanitarian methods of pun
ishment should remember that the
more barbaric and severe the punish
ment, the less will be the number of
convictions and consequently the least
fear of punishment.
Not only juries, but courts consider
the kind and character of punishment
in dealing with criminals. There is
scarcely a criminal trial but what
Jurors discuss the punishm INT to be
meted out to the defendant, and. be-
cause of this, some judges decline to
mention IN the instructions the nature
punishment Is severe. But Jurors can
hardly be criticized for this, when
courts themselves are greatly in
fluenced by the punishment to be in
nicted upon the defendant.
In view of the fact then that execu-
tives, courts and jurors are influenced
by the punishment prescribed for GRIM
1nals, If the punishment is not wise,
humane n just. 1t results in the es-
cape of a large number of prisoners
from any punishment at all.
1t follows that while Improvement
may be made by reform in court pro-
cedure. no permanent or complete re-
lief can come except by a fundamental
change In u entire penal system. The
defendant must be compelled to right
JIG W1OLS IiidI liz ItdS COUllllllIou, vi SO
Jar as possible. he must become a pro-
Queer and be required to support him
self and If possible those dependent
upon him and in SO far as possible and
practicable to return to society that
which he has wrongfully acquired. A
complete change in the penal system of
Iowa was recommended as the result of
the Investigations of the special COM
mittee appointed by the governor
which reported in 1912.
The death blow has been struck at
contract system of penal labor and
nothing emains to be done except to
properly arrange for the obsequies. In
on record against this system and
planks declaring against 1t were con-
tanned in the platform of republican,
democratic n progressive parties.
Moreover, a similar plank was found in
the national progressive platform and
the recent American prices congress at
Baltimore registered a strong condem-
nation of it.
The objections to contract-convict
tabor are that it is a form of slavery,
and also unjustifiable because espon
sibility and authority are divorced. 1t
Is the exploitation of the helpless con-
vict, not even for the profit of The
state, but for the profit OF a private
corporation. 1t is to a greater or less
degree the wrongful surrender and
abandonment of control and jurisdic-
ton over the person of the convict.
1t furnishes opportunity for convicts
to communicate with the outside world
in violation of the rules of the insti-
tuition, and to receive opium. NOR
phine, cocaine and other forms of
dope, if the employees of the contractors
are subject to improper influences, or
even unduly sympathetic. 1t furnishes
opportunity for corruption between the
contractors n prison officials and Of
ficers of the law. 1t subjects prison Of
ficials to criticism regardless of
whether or not there is real founda-
ton for the charges. It tends to de-
stroy discipline. 1t impairs reforma-
ton and destroys hope on the part of
the prisoner. 1t is injurious to the
manufacturer employing free labor. 1t
causes unfair competition to free la
Dor, because 1t tends to destroy the liv-
ing wage and lessons the opportunity
for labor-on the whole, 1T is econom-
tcally unsound.
The problems confronting us in this
state is to devise a substitute for con
tract labor. 1t goes without saving
that any system which confines able
bodied men in idleness and solitary
confinement is Infamous and barbaric.
and is clearly economically unsound
Further elaboration is. therefore, not
needed to demonstrate that when the
COIlIdCl COIlSlSI oOO
abandoned, as 1T will be as soon as the
present contracts expire, some other
and better form of b must be sub
stituted.
Prison labor, in so far as possible.
should be profitable; that is to say,
every prisoner, should not only De per
mitted, but compelled. to support him-
self, and. in a large measure, should
supper those dependent upon him.
The labor should not be injurious to
the prisoners health. but, on the con-
trary, should be of such a character
as to render him stronger. both men
tally and physically, at the time of his
discharge than ne was at the time OF
his entrance. Furthermore, the labor
should be such that after his release
he can profitably follow a similar call
ing. and in no way should 1t be pre-
judicial to free abOr n the free
manufacturer.
We cannot approach the question
fairly unless we consider the welfare
Of society, the welfare OF the prisoner
himself, the welfare of those dependent
upon him, the welfare Of free labor.
and the welfaTe of the Tree manufac-
turer and the free producer.
All these elements nus be kept in
mind. and when all are considered and
each given its due proportion, l think
1t will be found, beyond question. that
the penal farm should be a larger fac
in the state Of Iowa. The farm should
be established upon the colony system.
SO as to afford opportunity for COM
plete classification. segregation and
Individual treatment OF prisoners.
There should be confined to this farm
first offenders who were not shown to
be depraved and vicious by nature.
except those who should receive spe-
cial manual training, and those should
be sent to Anamosa. and the board of
parole should have authority to trans
fer such recidivists and long term Of
tenders who had served q substantial