The Birmingham age-herald., 1913-04-21
CONVICT DEPARTMENT;
CHANGE IN THE LAW

/ Until February 2S, 1907, the law un'
| der which the convict bureau had oper'
ated required that the convict bureal
should render to the hirer of convicts
| a statement as to the amount due BY
them to the state for such hire. This
statement to be rendered on the firs'
| day of each month, and that thereupor
within 10 days the said contractors fol
the hire of such convicts should set
| tie and pay such accounts TO the state
auditor; it thereupon became the duty
| of the state auditor to certify ano
Ipay such accounts into the state treas
| ury. 1t is therefore clear that under
| the law as it then existed the convict
board handled no money whatever re-
tsulting from convict hire. The duty OF
the convict board was merely to render
| to the contractors an account showing
| the amount due, which account had 10
be settled by the contractor not with
the convict board. but with the auditor
and this settlement was required to
| be made within 10 days after the ren-
dition of the account on the first day
of the month. That was and remained
| the law until February %, 1907. Prior
| TO that date there was introduced into
| the house of representatives by Mr..
Pitts of Dallas bill which as amend
ed became a law of the state in words
and figures as follows: can act TO
amend section 4447 of the code of 1896.
"Sect.on 1. Be 1t enacted by the legis
lature of Alabama that section 4f47 OF
the code of 1896 be amended SO as to
read as follows: Section 4447: On the
| first day of ouch month the president
| of the board shall cause to be made
| out by the clerk an account against
each contractor showing the number
of convicts and the amount of hire due
| from each contractor for the past
month, copies of which shall be fur
| ished respectively to the contractors
and the auditor. Within 10 days after
receiving such account such contrac-
| tors respectively shall settle and pay
such account 10 the president of the
board and the president of the board
shall make quarterly sediments with
the auditor for the proceeds of such
accounts on the first days of January.
April, July, and October of each year,
and the amount due by each shall be
certified into the state treasury and an
account thereof shall be kept by the
auditor in book or books separate and
distinct from other state accounts Gas
other accounts of public moneys are
kept) but when the contract prescrib es
other than monthly payments then the
account thereof shall. be made out under
/ the direction of the president of the
board and settled by the contractor
with the president of the board within
| 10 days after the same is due and the
president of the board shall settle with
the auditor for the same in said quar-
| terly settlemtns and the amounts shall
| be certified into the treasury of the
state nall respects as herein provided
and If the contractor fails to settle
within 80 days after receiving his ac-
count the president of the board shall
notify the attorney general who shall
at once bring suit for the amount due"
Differed From Previous Bill
| This bill as originally introduced
was different in a most material as
pect from the bill as passed. Section 2
of the bill as originally introduced pro-
| ivided that the president of the board
| of convict inspectors should give bond
to the state in the sum of $4,000, to be
approved by the governor. Now the
journal of the house shows the fol-
lowing history of the passage of this
bill: Introduced by Mr. Pitts of Dallas
on January 20; referred to the committee
on revision of laws on January 25;
favorably reported from said committee
on January 80, with amendment striking
out section 2. the same being the sec
tion providing for bond for the presi-
dent of the board. On February 13 the
bill was called up out of its regular
order on the calendar by Mr.. Pitts of
Dallas. read the third time and passed !:
thereupon on the motion of Mr.. Pitts
of Dallas the bill was sent forthwith
to the senate without engrossment
where it was received and referred to
the committee on finance and taxation
on February IS, 1t was reported from
this committee and therenpon upon
motion of Mr.. Reese of Dallas its hear
ing was made a special order for Thurs
day, February 21, 1907. on February 81,
1907, the bill~was called up on such
special order and passed and thereafter
approved by the governor ON February
2s, 1907. This law effected radical
change in the handling by the convict
department of the funds accruing to
the state as the proceeds OF convict
labor. Prior to the enactment of this
law the convict department was re-
auired to make monthly settlements
with the state treasurer.
The law then requiring employers of
convict labor to make monthly settle
ments with the convict board in prac-
tical effect required the convict board
to make immediate settlement with the
state treasurer SO soon as received from
the contractor. The convict board bad
no authority to disburse any OF the
money which it received as the pro-
ceeds of the convict labor. There was
under the law no legitimate disburse-
ment of the funds received as the pro-
ceeds of convict labor except to the
state treasurer. 1t is unnecessary that
] indulge in any speculations as to the
reason for the change in the law; the
net result of the change was that the
convict department was entitled to re-
tain the money paid in monthly as the
proceeds OF convict hire for stated
periods OF three months each. 1t is
familiar history that the bill accom-
plishing this as "a part Of the statu,