Licking Valley courier., 1915-01-21
Legal PHRASE
BLOCKS ROADS
PRISON , COMMISSION MUST
AGAIN ASK CONTRACT BIDS,
SAYS ATTORNEY GENERAL.
"LAW NOT YET SATISFIED
Conference Of Officials Temporarily
Stops-Move to Use State Prls-
oners in Chair Factory.
Especial Frankfort correspOndence.)


"
Especial Frankfort Correspondence II
Frankfort, Ky.-The legal phrase ir
faithful effort" blocks the path OF the .,
,oard of prison commissioners in EN- v
,loying state prisoners in chair fac U
ory at Winchester Attorney General II
Iarnett is stickler for the observ- -,
lnce of legal phases, and his state "
nent to the commissioners Is that a
hey, in his opinion, have not satisfied b
he law requiring them to make
faithful effort" to get bids for the
abor of state prisoners. O
The commissioners have refused to is
accept bids submitted on the terms OF :,
the past, which ties up the labor OF "
prisoners for eight years, because II
amendment to abolish e.
the contract system goes before the :;
voters in November with every indi- y y
cation now that 1t will be adopted. I
Acting on the attorney generals il
theory they will ask contractors to y
submit bids on January 10 for the la =,
bor of mot exceeding 500 men for q
terms of one year and not exceeding Il
two; two years and not exceeding =;
four; three years and not exceeding :.
six, and four years and not exceeding u
eight. The commission will retain D
the right to reject any and all bids" o.
In the latter sentence is probably N
the basis of future action. Commits
sioners O'Sullivan and Conley indi' +
cate the bids submitted must be more G
advantageous than the widest dreams d
in such direction before they vote to G
accept them. The fact that bids are
to be asked for again Is the result OF V
conference recently between Gov a
McCreary, Attorney General Garnett,
State Treasurer Rhea and Prison
Commissioners O'SuLivan, Conley and
Lawrence. state Auditof bosHUfcr
was present. The attorney genera
% said that in his opinion the words
g. faithful effort" meant more than the
g. action which has been taken by the
N commissioners to secure bids. He
" was told that advertisements in Au
gust and, November brought only In
different returns. The attorney gen
eral, with Gov. McCreary agreeing
D with him, said:
in the light of the expressed dec
II laration of the legislature, am Of the
opinion that the Board of Prison Com
missioners should exhaust the efforts
required by law to be made befort
IN they would be authorized to direct tn
n. warden to go into the manufacturing
,s. business for the state. This boar
cd can exhaust the efforts required O
them by advertising for bids for one
N. for two, for three and for four year
20 with the privilege Of renewal, all bid
os to be opened at the same time, an
30. the board can, In the exercise Of II
rol Judgment, then determine which {
"a said bids is the highest and best
rr. no bid, or no reasonable bid is n
80 ceived, then the board could safe
- say, We have made faithful effo
"a and are unable to let the labor to
contractor, and II being necessaI
.ho that the convicts should be kept
~ hard labor during the period OF the
, confinement, therefore, we are OF Ii
opinion that II is necessary for n
80" w warden to carry on such manufactu
ipa hnG fy A,,A0 ~ m
be proper, in the name and for II
"'' benefit Of the Commonwealth OF Kej
tucky."
nv Contract System Voted Down 5efor
The people of Kentucky expressC
ItaI their desire to have the convicts VOL
on the roads when the legislature
1912 submitted to the voters const
tutional amendment permitting tn
Rs. employment of the C0nvicts. Seer
sne tary OF State Crecelius failed to adve
,rts tise that amendment suiiiclel
,hlo length of time. so that 1t was declare
ana by the Court OF Appeals not TO haN
80 been adopted, though II received d
- cisive majority OF the votes cast. tt
pie pic legislature of 1914 resubmitted TIL
WIS amendment which will be voted upC
a.. by the people Of the state at the N
'ne vember election this year. Commi
W., sioner 0Sulivan says;
,'a' ,la. speaking for myself, only, | wa
l"'' 10 say that | am opposed to fastenil
" the contract labor on the prisons (
eight years, or for any time that W
interfere with the plan of working 1
RU convcts on the public roads, and
have agreed to vote to readvertise I
llao prison labor for the reason that I
attorney general has decided that I
Prison Board has no other alter
tive" Commissioner Conley heart
lips concurs with Mr. 0'Sulliyan.