Evening star. [volume] (Washington, D.C.) 1854-1972, 1929-12-22
OF US. CONVICTS
IS DEFENDED BY MITCHELL
Lease Called Temporary Ex-
pedient to Relieve Congestion
and Eliminate IdIeneSS.
Attorney General Deems
Georgia Contract Legal, But
Asks More Legislation.

Asks More Legislation.
Both the prepriety and legality of the
transfer of 81 prisoners from the Fed
eral Penitentiary at Atlanta to the
State of Georgia and their assignment
to work on the public roads near Sa-
vannah were upheld by William D.
Mitchell, Attorney General, in a report
to the Senate made public yesterday.
The report was made in compliance
with resolution asking about the con-
tract made October 16 by Sanford Bates,
the superintendent of prisons, with the
prison commission of Georgia. It cited
various statutes and precedents and
said the superintendent had recently
arranged that prisoners confined in the
JallS OF Alaska may be placed at work
on the public roads in that territory.
Leased to Relieve Congestion.
"There is nothing about this trans
action that resembles what has been
known as the leasing of convict labor"
the report reads. 1.-The Federal Gov
eminent pays the State authorities for
boarding and caring for the prisoners
and receives nothing for their labor
The prisoners are engaged only on pub
lie works and are not used by or farmed
out to any private contractor.
They are housed in one large dormi-
tory building formerly used as an air.
plane hangar and are fed in an adjoin-
ing building. They are in the custody
Of the State authorities and are guarded
by employees of the county, and there
is in constant attendance an employee
of the Federal Government to see that
the terms of the contract are complied
with and the prisoners are properly
treated.
THE reasons which prompted the
execution of the contract were:
"(a) The desire to relieve the in
tolerable conditions of overcrowding in
the penitentiaries.
sob The need for supplying employ
ment for the inmates.
THE usual form Of contract be-
tween the United States and State
authorities providing for having Fed
eral prisoners kept in custody in county
penal institutions contains no
special provision respecting the labor or
work to which the prisoners thus placed
in State custody are to be assigned,
and under the law they perform the
same kinds of work under the same
conditions as do State prisoners in
the same institution"
He called attention to such an ar
contract entered into in 1925, and the
new one in Alaska, and continued:
Just what other State institutions
housing Federal prisoners may be en-
ploying the Federal prisoners, and as
to what classes of work they may be
doing. I am unable to supply adequate
information. The department has no
adequate means of inspecting these
State institutions or keeping records
or statistics of the Federal prisoners
in them. That is one reason We are
asking for an enlargement of the per-
sonnet of the bureau in the depart
ment having charge of Federal pris-
onerS.
Arrangement Is Temporary.
1.-THE execution of other contracts
like that with the Georgia Prison Gem
mission is not now pending or contem-
plated Because of the generally over
crowded conditions in State and county
penal institutions, we do not know OF
any such institution that can take any
considerable number of Federal pris-
oners and give them employment on
public work.
THE policy of the department IS not
to enlarge the employment OF Federal
prisoners on public works for the States,
but to utilize the labor of Federal
prisoners under its own direction IN
on-competitive employment on pubic
works for the United States. Legisla-
ton is now being asked to enlarge the
powers of the Attorney General in this
respect. A.,
t'The arrangement made with the
Georgia authorities is temporary ex-
Incident seized upon by the superln-
tendent Of prisons in his effort to re-
lieve the terrific pressure upon his bu-
reau resulting from the overcroWded
conditions.
"The number of Federal prisoners
in Federal penal institutions has SUD
stantially increased since the beginning
Of this fiscal year. To the Federal
construction of which has just been
commenced, with planned capacity
of l 600. there are now on commitment
l,747 Federal prisoners in temporary
quarters. At Levenworth Penitentlary,
notwithstanding the transfer from the
War Department to the use of the De-
partment of Justice of the disciplinary
barracks, there are confined in the
penitentiary proper at this time 3,lOo
prisoners, although the normal capacity
is l,64O. At Atlanta, notwithstanding
transfers to the disciplinary barracks
at Leavenworth, there are still 1887
prisoners. although the normal capac-
ity of that institution is about 1880,
with two men 10 cell"
He quoted number of statistics
bearing on the subject, and said:
Law Is Explained.
by these statutes the employment
of Federal prisoners confined in Fed
eral penal institutions is limited to
work within the prison Enclosure or in
the cultivation and care of prison
grounds and farms, but in the case OF
Federal prisoners confined, by arrange
ment with State authorities, in State
or county penal institutions, it is
provided that they shall be subject to
the same treatment as are State pris-
oners in the same institutions. In like
manner Congress has provided that
Federal prisoners confined in State in
stitutions shall be subject to the State
parole laws.
Except as restricted by the contract