The Climax-Madisonian. (Richmond, Madison County, Ky.) 1914-1917, 1915-01-20
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 Pris-
oners in Chair Factory.
Especial Frankfort cOrrespondence.)

Frankfort, Ky.-The legal phrase
faithful effort" blocks the path of the
board OF prison commissioners in EN-
ploying state prisoners in a chair fac
tory at Winchester. Attorney General
Garnett is stickler for the observ
ance of legal phases, and his state
ment to the commissioners is that
they, in his opinion, have not satisfied
the law requiring them to make
faithful effort" to get bids for the
labor OF state prisoners.
The commissioners have refused to
accept bids submitted on the terms OF
the past, which ties up the labor OF
prisoners for eight years, because a
constitutional amendment to abolish
the contract system goes before the
voters in November with every indi
cation now that it will be adopted.
Acting on the attorney generals
theory they will ask contractors to
submit bids on January 10 for the la
Dor OF mot exceeding 500 men foI
terms of one year and not exceeding
two; two years and not exceeding
four; three years and not exceeding
six, and four years and not exceeding
eight. The commission will retain
the right to reject any and all bids
Expected to Reject All Bids.
In the latter sentence is probably
the basis OF future action. Commits
sioners O'Sullivan and Conley indi
cate the bids submitted must be more
advantageous than the widest dreams
in such direction before they vote t.
accept them. The fact that bids are
to be asked for again is the result OF
a conference recently between Gov
McCreary, Attorney General Garnett,
State Treasurer Rhea and Prison
Commissioners O'Sullivan, Conley and
Lawrence. State Auditor Bosworth
was present. The attorney general
said that in his opinion the words
faithful effort" meant more than the
action which has been taken by the
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
with him, said:
I'm the light of the expressed dec
laration of the legislature, 1 am of the
opinion that the Board of Prison Com
missioners should exhaust the efforts
required by law to be made before
they would be authorized to direct the
warden to go into the manufacturing
business for the state This board
can exhaust the efforts required of
them by advertising for bids for one,
for two, for three and for four years
with the privilege of renewal, all bids
to be opened at the same time, and
the board can, in the exercise of its
judgment, then determine which of
said bids is the highest and best If
no bid, or no reasonable bid is re-
ceived, then the board could safely
say, We have made faithful effort
and are unable to let the labor to a
contractor, and it being necessary
that the convicts should be kept at
hard labor during the period of their
confinement, therefore, we are of the
opinion that it is necessary for the
warden to carry on such manufactur-
ing business as, in our judgment, may
be proper, in the name and for the
benefit Of the Commonwealth of Ken
lucky"
Contract System Voted Down Before.
The people of Kentucky expressed
their desire to have the convicts work
on the roads when the legislature of
1912 submitted to the voters a consti-
tutional amendment permitting this
employment Of the convicts. Secre-
tary of State Crecelius failed to adver-
tise that amendment a sufficient
length Of time, so that it was declared
by the Court Of Appeals not to have
been adopted, though it received a de-
cisive majority of the votes cast. The
legislature Of 1914 resubmitted that
amendment which will be voted upon
by the people of the state at the No
vember election this year. Commits
sioner O'Sullivan says:
Speaking for myself, only, I want
to say that am opposed to fastening
the contract labor on the prisons for
eight years, or for any time that will
interfere with the plan of working the
convicts on the public roads, and l
have agreed to vote to readvertise the
prison labor for the reason that the
attorney general has decided that the
Prison Board has no other alterna-
tive" Commissioner Conley heartily
concurs with Mr.. o'SuIlfvan.