Employment and Compensation of Prisoners . ./Tv PENNSYLVANIA Report of the Penal Commission Appointed Under Authority of an Act Approved July 25, 1915. ik ■ '.m - Digitized by the Internet Archive in 2017 with funding from University of Illinois Urbana-Champaign Alternates https://archive.org/details/employmentcompen00penn_0 Employment and Compensation of Prisoners IN nit mmi of th , JAN 12.1S35 UNIVERSITY 0? JLLIN PENNSYLVANIA Report of the Penal Commission Appointed Under Authority of an Act Approved July 25, 1915. HARRISBURG, PA.: WM. STANLEY RAY, STATE PRINTER 1915. O wt . 0 Y lilVCPiSTT Y \ ) CONTENTS. PART I. 1. 2 . 3 . 4 . 5 . 6 . 7 . 8 . 9 . 10 . 1 . 2 . 3 . rO Letter of Submittal, An Act, Appointments, Analysis of the Act, Record of Meetings and Trips of the Commission Scope and Limitation of the Work, Penal Institutions in Pennsylvania, Employment in Institutions, Compensation of Prisoners, Recommendations of the Commission, PART II. Acts, The Organization of the State-Use System, . Prison Labor Legislation in Pennsylvania, Effect of Unemployment, The Jail Problem, Prisoners’ Wages, Letter of Chairman, Bibliographies, Page .. 7 8 9 9 9 10 12 15 20 27 31 42 78 99 100 978855 ( 3 ) t ( 4 ) Part I ( 5 ) I !.jl ( 6 ) Harrisburg, Pa., February 15, 1915. To the General Assembly, State of Pennsylvania: Gentlemen: — The following report is .respectfully submitted by the undersigned, who were appointed by Governor John K. Tener under the authority of Act No. 755 of the Legislature of 1913 to consider a revision and amendment of the penal laws of the State so as to provide for the employment and compensation of prisoners. EDWIN M. ABBOTT, Chairman. LOUIS N. ROBINSON, Secretary. PATRICK GILD AY. WILLIAM D. GRIMES. ANDREW HOURIGAN. ROBERT J. McKENTY. SAMUEL I. SPYKER. ( 7 ) 8 No. 755. AN ACT Authorizing the appointment of a commission to consider the revision and amendment of the penal laws of the State, so as to provide for the employ- ment of all inmates of all penal institutions; to provide for compensation for their labor, and to devise a system whereby the results of such labor shall be utilized in the penal and charitable institutions of the State; and making an appropriation to the expenses of said commission. Section 1. Be it enacted, &c., That the Governor is hereby au- thorized to appoint a commission of seven persons, one of whom shall be a representative of organized labor, one of whom shall be experi- enced in penology, one of whom shall be a person of skill and experi- ence in making investigations, and four of whom shall be learned in the law, to inquire into the advisability of amending the penal laws of this Commonwealth, so as to provide for the employment of all inmates of all penal institutions, to provide compensation for their labor, and to provide for utilizing the results of such labor in the penal and charitable institutions of this Commonwealth. Section 2. The chairman of said commission shall be designated by the Governor; and the person named on said commission as a skilled and experienced investigator shall be the secretary of the commission. The commission shall have power to employ such legal counsel and other officers and employes as it may deem necessary to properly perform its duties. Section 3. The secretary of said commission shall receive an an- nual salary of two thousand five hundred dollars ($2,500), and his actual necessary expenses, and the other members of the commis- sion shall receive no compensation for their services, but shall be allowed their actual traveling and other necessary expenses. The salaries of any other persons employed by the commission shall be fixed by it. Section 4. Said commission shall make a full report, in writing, of its findings, together with such recommendations as it may deem proper, to the next meeting of the General Assembly, which will con- vene in January, one thousand nine hundred and fifteen. Section 5. The sum of ten thousand dollars ($10,000), or so much thereof as may be necessary, be and the same is hereby appropriated for the expenses of the said commission. The said expenses shall be paid on warrants duly signed by the chairman of the commission. Approved— The 25th day of July, A. D. 1913, in the sum of $5,000. I withhold my approval from the remainder of said appropriation because of insufficient State revenue. JOHN K. TENEK. 9 APPOINTMENTS: In accordance with the provisions of this act, Governor Tener ap- pointed on June 17, 1914, Edwin M. Abbott, of Philadelphia, as chairman; Louis N. Robinson, of Swarthmore, as secretary; Dennis Hays, of Philadelphia, as representative of organized labor; Robert J. McKenty, of Philadelphia, as penologist, and William D. Grimes, of Harrisburg; Andrew Hourigan, of Wilkes-Barre, and Samuel I. Spyker, of Huntingdon, as representatives of the law. Through pressure of other work, Dennis Hays was unable to serve; and upon receipt of his resignation, Patrick Gilday, of Mor- risdale, was appointed by the Governor to serve in his place. ANALYSIS OF THE ACT: Three features of the act deserve special mention, for a consid- eration at the outset of these three features will do much to ex- plain the problems of the commission and to make plain the prin- ciples which have guided it in the work of investigation and con- structive planning. The act is broad in its scope. “ to inquire into the advis- ability of amending the penal laws of this Commonwealth, so as to provide for the employment of all inmates of all penal institutions,” so runs the act. The commission has understood this to mean that all State institutions such as the two penitentiaries, the reforma- tory at Huntingdon, and the training school at Morganza, ail county and municipal jails, workhouses, houses of correction and even sub- sidized private institutions used for the detention of those com- mitted by the courts having criminal jurisdiction are included within the scope of its investigations and recommendations. Secondly, the commission is asked to consider the question of compensating prisoners for their work. Thirdly, the law explicitly directs the commission to report on the advisability of utilizing the products in the penal and charitable institutions of the State. This method of disposing of the goods produced in the prisons is the distinguishing characteristic of the so-called State-Use System of employing prisoners. RECORD OF MEETINGS AND TRIPS OF THE COMMISSION: The first meeting of the commission was held in Philadelphia on June 24, 1914, in the offices of the chairman, 700 Land Title Building. At this meeting, the general nature of the work was discussed and investigations planned for the purpose of furnishing the commis- sion with data on which to base its recommendations. On August 28, the members of the commission met at Eaglesmere to go over the work which the secretary had been carrying on in the 10 interval since the last meeting. So much interest was manifested in the work of the commission that a public meeting was held in the parlor of the hotel. On the morning of September 29, the commissioners visited the Western Penitentiary and, in the afternoon of the same day, held an open meeting in the Law Library of the Pittsburgh Court House. The next day, the commissioners visited the Ohio State Reformatory at Mansfield, and on October 1, were shown over the Cooley Farms near Cleveland by Mr. Cooley. On October 2, a conference was held with the Ohio State Board of Administration at Columbus, Ohio, and the penitentiary at this place inspected. A visit was made on October 20 to the District of Columbia Work- house situated at Occoquan, Virginia.. On November 19, the members of the commission who were within reach were called together in Mr. Abbott’s offices to meet with labor leaders attending the meeting of the American Federation of Labor and to discuss with them the problem of prison labor. The commission met in Philadelphia on December 30 and 31. Visits were made to the Eastern Penitentiary, the House of Correc- tion, and the County Prison at Holmesburg. Part T of the Re- port was read and the bills drafted to carry out the recommendations of the commission were carefully considered and revised. On January 15 and 16, the commission met again in Philadelphia. Part II of the report was read and certain features of the bills re- ceived fresh attention. SCOPE AND LIMITATION OF THE WORK. The law creating the commission directs that it report to the General Assembly which convenes in January, 1915. As the mem- bers of the commission were not appointed until June 17, 1914, only such work was planned as it was thought could be accomplished in the brief time intervening before the meeting of the General As- sembly. The first task to which the commission naturally turned was to obtain the facts as to institutions, employment and wages. The limitation of time and the small appropriation granted to the com- mission with which to carry on the work compelled it to rely on existing records supplemented by correspondence with the institu- tions for the facts relating to these subjects. While such informa- tion can never be as satisfactory as that obtained by special agents, it is thought that the facts obtained are sufficiently complete and reliable to serve as a basis for recommendations and constructive legislation. In the United States, past investigations have shown that pris- oners have been employed in six different ways. These six methods 11 of employment are known respectively as the Lease System, the Contract System, the Piece-Price System, the Public-Account Sys- tem, the State-Use System, and the Public-Works-and-Ways System.* As was pointed out in the analysis of the act, the commission is asked, in its investigations, to give special attention to that form of employment known as the State-Use System. As a matter of fact the commission has given little time to the study of other systems. There were several reasons for thus limiting the work. No one wishes for a moment to install the Lease System. In 1883, the Con- tract System was prohibited in Pennsylvania. It is a system which is everywhere fast being supplanted, and the opposition to it in Pennsylvania is such that a repeal of the Law of 1883 is not to be expected. The Piece-Price System is but a modification of the Con- tract System. Pennsylvania already has the Public-Account Sys- tem. Besides the State-Use System, there is thus left for considera- tion only the Public-Works-and-Ways System. This, too, Pennsyl- vania has in part as will be explained later. For several reasons, no detailed study was made of this system. There is great disagree- ment as to the benefit of employing prisoners under this system; and this situation coupled with the fact that the best experiments along this line have nearly all been made in the far western states has made it seem advisable, in view of the shortness of time and the limitations as to funds, to postpone for future consideration the question of the advisability of establishing the Public-Works-and- Ways System in Pennsylvania. Fortunately, the adoption of the *“The Lease System. — Under this system the contractors assume entire con- trol of the convicts, including their maintenance and discipline, subject, how- ever, to the regulations fixed by statute. In general, the prisoners are re- moved from the prisons, and are employed in outdoor labor, such as min- ing, agriculture, railroad construction, etc., though manufacturing is some- times carried on. The nature and duration of the employment are, within the restrictions of the law fixed by the lease. “The Contract System. — The employment under this system is usually within the prison shops or yards, discipline and control remaining in the hands of the officers, only the labor of the convicts being let to and directed by the contractors for manufacturing purposes. The State usually furnishes shop room and sometimes also provides power and machinery. “The Piece-Price System.— Not only the discipline of the convicts, but the direction of their labor as well, is retained by the State under this system, the contractors furnishing the material to be made up and receiving the finished product, an agreed price per piece being paid for the labor be- stowed. “The Public-Account System. — There is no intervention of outside parties under this system, the employment of the convicts being in all respects di- rected by the State, and the products of their labor being sold for its benefit. “The State-Use System. — This system is similar to the above, except that such articles are produced as will be of service to the State in supplying and maintaining its various institutions, and are appropriated to such use instead of being put on the general market. “The Public-Works-and-Ways System. — Under this system convicts are em- ployed in the construction and repair of public streets, highways, and other public works.” (Senate Document No. 494, 63d Congress, 2d Session p 10 May 22, 1914.) ’ * ’ 12 State-Use System will not in any way interfere with a later attempt to introduce the Public- Works-and- Ways System. Under the State- Use System, road and other material would be produced, and the only change necessary in case it was later felt desirable to employ prisoners under the Public-Works-and-Ways System, would be the passage of an act making it lawful to use prisoners in the actual work of building the roads or constructing the works with the ma- terial already prepared. The organization of the State-Use System varies from State to State. A brief study was therefore made of this system and the results have been included in the report. No one can fully understand the meaning of the present movement to change the conditions of employment in the penal institutions of the State without some knowledge of the history of prison labor in Pennsylvania. Accordingly a sketch of the subject has been pre- pared to show the changes that have taken place. The employment of the jail population presents special difficulties not connected with the laws which limit employment. As will be seen, little is done in these institutions, but such is also the situation in states where these hampering laws are not found. The situation calls for something more than the repeal of old laws and the cre- ation of the machinery of the State-Use System. In an article which has been made a part of this report, an attempt has been made to indicate what a successful system of employing the prison- ers of these institutions would involve. The payment of compensation for the work of prisoners is not a new thing. Many states have begun this policy, and such informa- tion as could be obtained from them through correspondence has been analyzed and included in the report. The commission has also caused bills to be drafted to carry out the measures recommended, and these bills together with other matters thought to be of use to legislators and the general public have been printed as part of the report. PENAL INSTITUTIONS IN PENNSYLVANIA. Number: There are in Pennsylvania at the present time two penitentiaries, one reformatory for adults, four institutions for juvenile delinquents and seventy county institutions, making a total of seventy -seven institutions which are used for the detention of sen- tenced prisoners. In addition, there are about fifty municipal jails and lockups; used mainly for the temporary safekeeping of pris- oners who are afterwards transferred to the county jail. In 1013, an act was passed providing for the establishment of a State Indus- trial Home for Women. This institution is not yet ready to receive inmates. 13 Population: With one slight exception, it has been possible to secure information from two separate sources as to the number of sentenced prisoners in all classes of institutions. This commission itself did not include the municipal jails and lockups in its inves- tigation. In view of the short time in which the commission had to carry on its work and the difficulties experienced in obtaining in- formation from the county institutions it was not thought wise to attempt to bring these within the scope of its report. As will be seen, morever, from the following table, the number found in these institutions in 1910 was insignificant. On January 1, 1910, the total population of all institutions, exclusive of the municipal jails and lockups, was 10,205 ; on September 15, 1914, the number was 10,375. There has been a decided decrease in the number of those found in penitentiaries, but this decrease has been more than made up by a large increase in the population of county institutions. In 1910, slightly over ninety per cent, of the inmates were males; and as such percentages usually remain fairly constant over a long period of years the sex composition of the prison population may be given as one female to nine males. The following table gives in detail the penal institutions of the State and the number of sentenced inmates found in them on Janu- ary 1, 1910, and on September 15, 1910. SENTENCED PRISONERS IN INSTITUTIONS. 1. 2 . 1 . 1 . 2 . 3. 4. 1 . 2 . 3. 4. 5. Institution. Total (exclusive of municipal jails and lockups), State penitentiaries, Eastern Penitentiary, Philadelphia, Western Penitentiary, Allegheny, State reformatory, Pennsylvania Industrial Reformatory, Huntingdon, Institutions for juvenile delinquents, Pennsylvania Reform School, Morganza, Pennsylvania State House of Refuge for Boys, Glen Mill, The House of Refuge Girls Department. Darling, The Philadelphia Protectory for Boys, Pawling County Institutions Adams County Jail, Gettysburg, Allegheny County Prison Allegheny Allegheny County Workhouse and Inebriate Asylum, Hoboken, • Armstrong County Jail, Kittanning, Beaver County Jail, Beaver January 1, 1910.* Sept. 15, 1914. f "3 © Male. Female. Total. 10,206 9,208 997 10,375 2,788 2,727 61 2,319 1 527 1,493 34 1,461 1,261 1,234 £7 858 722 722 737 722 722 737 2,138 1 627 511 2,020 497 376 121 422 834 834 710 390 390 462 417 417 426 4,457 4,132 425 5,299 1 1 13 217 183 34 280 792 713 79 845 5 5 8 6 6 36 14 SENTENCED PRISONERS IN INSTITUTIONS. 3. 4. 5. 6 . 7. 8 . 9. 10 . Institution. Bedford County Jail, Bedford Berks County Prison, Reading Blair County Jail, Hollidaysburg, Bradford County Jail, Towanda Bucks County Jail, Doylestown, Butler County Jail, Butler, Cambria County Jail, Ebensburg, Cameron County Jail, Emporium, Carbon County Jail, Mauch Chunk, Center County Jail Bellefonte Chester County Jail, West Chester, Clarion County Jail, Clarion, Clearfield County Jail, Clearfield, Clinton County Jail, Lock Haven Columbia County Jail, Bloomsburg, Crawford County Jail, Meadville Cumberland County Jail, Carlisle, Dauphin County Prison, Harrisburg, Delaware County Prison, Media Elk County Jail, Ridgway Erie County Jail, Erie, Fayette County Jail, Uniontown Forest County Jail, Tionesta, Franklin County Jail, Chambersburg, Fulton County Jail, McConnellsburg, Greene County Jail, Waynesburg, Huntingdon County Jail, Huntingdon, Indiana County Jail Indiana, Jefferson County Jail, Brookville, Juniata County Jail, Mifflintown, .• Lackawanna County Jail, Scranton, Lancaster County Prison, Lancaster, Lawrence County Jail, New Castle, Lebanon County Jail, Lebanon, Lehigh County Jail, Allentown, Luzerne County Jail, Wilkes-Barre, Lycoming County Jail. Williamsport McKean County Jail, Smethport Mercer County Jail, Mercer Mifflin County Jail, Lewistown Monroe County Jail, Stroudsburg, Montgomery County Prison, Norristown, Montour County Jail, Danville Northampton County Prison, Easton, Northumberland County Prison, Sunbury, Perry County Jail, New Bloomfield Philadelphia County Convict Department, Holmesburg, Philadelphia County Prison, Philadelphia Philadelphia House of Correction, Holmesburg Pike County Jail, Milford, Potter County Jail, Coudersport, Schuylkill County Prison, Pottsville, Snyder County Prison, Middleburg, Somerset County Jail, Somerset, Sullivan County Jail, Laporte, Susquehanna County Jail, Montrose, Tioga County Jail, Wellsboro, Union County Jail, Lewisburg Venango County Jail, Franklin, Warren County Jail, Warren Washington County Jail, Washington, Wayne County Jail, Honesdale, Westmoreland County Jail, Greensburg, Wyoming County Jail, Tunkhannock, York County Prison Municipal jails and lockups Ashland Station House, Ashland, Ashley Borough Lockup, Ashley, . Bangor Lockup, Bangor Beaver Falls Lockup, Beaver Falls, Bellefonte Lockup, Bellefonte, Bradford City Jail, Bradford, ... Butler Lockup, Butler Charleroi Lockup, Charleroi, Chester Lockup, Chester, Connellsville Lockup, Corry January 1, 1910." Sept. 15, 1914. f 2 77 74 3 70 18 15 3 42 16 16 14 30 29 1 45 6 6 11 76 68 8 97 1 12 12 7 1 1 6 34 34 2 49 7 7 8 6 5 1 8 15 15 2 6 6 3 14 ' 14 11 112 107 5 113 71 65 6 39 5 5 0 71 69 2 71 16 12 4 95 o 20 20 20 o 1 1 1 1 21 6 6 9 1 1 13 131 119 12 157 83 80 3 83 57 54 3 62 11 11 8 93 86 7 162 88 82 6 76 20 15 5 25 4 4 7 4 4 30 7 4 3 15 3 3 6 140 132 8 70 1 1 1 123 118 5 102 59 59 67 g 636 636 ) 967 199 143 56 \ 882 741 141 1,109 o 2 2 4 108 107 i 154 3 3 2 5 5 9 2 6 6 3 o 2 8 7 l 2 12 12 7 44 37 7 115 1 1 1 106 96 9 43 0 78 68 io 70 108 107 1 1 1 1 1 7 7 1 1 2 2 1 1 SENTENCED PRISONERS IN INSTITUTIONS. Institution. January 1, 1910.* Sept. 15, 1914. t Danville Lockup, Danville, DuBois Lockup, DuBois East Mauch Chunk Borough Station ’ House!’ ’East’ Mauch Chunk Edwardsville City Jail, Wilkes-Barre,!!." Forest City Lockup, Forest City Franklin Lockup, Franklin Freeland Police Station, Freeland Greenville Lockup, Greenville, Hanover Lockup, Hanover, Hazelton City Prison, Hazleton, ...!!!!!!!!!!!!!!! Homestead Lockup, Homestead, Jeanette Lockup, Jeanette, Johnstown City Prison, Johnstown, Kane Lockup, Kane Latrobe Lockup, Latrobe, Lebanon Police Station, Lebanon . Mahanoy City Lockup, Mahanoy,’ .. Middletown Lock, Middletown Milford Jail, Milford Milton Lockup, Milton, !!..!!. Monongahela Lockup , Monongahela Mt. Carmel Borough Lockup, Mt. Carmel Nanticoke Borough Lockup, Nanticoke, . ’ £. e , w ~. Bnghton Lockup, New Brighton, .... Oil City Lockup, Oil City Puil a 5 elP M, ia ?°;? se ?, f Detention, Philadelphia! "!!""”" Phoemxville Police Department, Phoenixville Pittston City Prison, Pittston, ... Plymouth Police Station, Plymouth .!.!!!”!!*.'"" Punxsutawney 'Lockup, Punxsutawney Heading Lockup, Reading, Rochester Lockup, Rochester, Scottdale Lockup, Scottdale .. ’ Shamokin Lockup, Shamokin, ....!..!!! South Bethlehem Lockup, South Bethlehem" ".'.! ". Susquehanna Lockup, Susquehanna Titusville Police, Titusville . . Towanda Police Station, To wanda Tyrone Lockup, Tyrone, Warren Borough Lockup, Warren EMPLOYMENT IN INSTITUTIONS: a. Legal Situation: Any exposition of the present labor situa- tion in the penal institutions of the State, should be prefaced with the statement that there is a mighty legal obstacle in the way of the employment of prisoners. The act of .Tune 18, 1897, fP. L. 170) as amended by the act of April 28, 1899 (P. L. 122) prohibits the use of power machinery and forbids the employment of more than thirty- five per cent of the inmates of any State or county institution in the production of goods for sale.* It is, of course, still possible for the officials in control of such an institution to use the inmates as cooks, chambermaids and men-of-all-works and, so far as the county institutions are concerned, to employ the inmates in the production of goods for their own use; but these opportunities do not afford any Bnreat 1 of the^ensns 16 PP ‘ Bulletin 121, Prisoners and Juvenile Delinquents,, lino, kee’Je'rl. 0btaine<3 b5, tlle commission through correspondenee with superintendents, sheriffs and oth^ re kl°d br ?°™ '“ I ''i n hr'i"he9 and hollow waref^nd temper centum' 1 in” the^mam f‘°t tbe $rp, k r,s°Ld E0 M^ of inmates may be employed.” See secs. 1 and 2, M April, 1899, P p. ° f Wh ° le number real employment to the thousands of individuals in confinement. Enlightened wardens, as the warden of the Eastern Penitentiary, have sought to interest the idle men in school and trade work, and three jail wardens employ, so it would seem from the figures, more than the allotted thirty-five per cent of the inmates of the institu- tion under their charge in the production of goods for sale. The Act of May 27, 1007 (P. L. 247) offers on the face of it some relief to the county jails and workhouses. It makes it legally possible to employ on the highways all able-bodied males serving sentences in jails and workhouses, although the consent of the managers or of- ficers in control of a workhouse is necessary if more than ten per cent of the inmates of such an institution are to be employed. As a matter of fact, only three of the sixty-seven counties of the State have taken any advantage of this act. b. Facts as to Employment: From data which the commission has secured through correspondence with the institutions in regard to the subject of employment, a table was prepared not only to show the extent of employment but to differentiate between the employ- ment of prisoners in the production of goods for sale and their em- ployment in the care of the institution or in making goods for their own use. So far as can be determined the situation would appear to be as follows: 1. Penitentiaries : The Western Penitentiary employs its full quota of 35 per cent in the production of goods for sale, while the Eastern Penitentiary employs but 17 per cent for similar purposes. The Western Penitentiary reports that 56.4 per cent of the inmates are employed in institution work; the number thus employed in the Eastern Penitentiary is given as 14 per cent. The Western Peni- tentiary has, of course, an opportunity not open to the Eastern Peni- tentiary in that it can employ a large number of prisoners on its immense tract of land in Central Pennsylvania. 2. Reformatory: No goods are produced for sale in the Penn- sylvania Industrial Reformatory at Huntingdon. The inmates are taught trades and are employed to some extent in the manufacture of goods for their own use and in serving the institution. 3. Institutions for Juvenile Delinquent: None of these institu- tions employ their inmates in the production of goods for sale. On the other hand, practically all are kept busy either in attending schools, in caring for the institutions, or in producing goods for their own use or that of the institution. 4. County Institutions: In forty-two of the seventy county in- stitutions, the inmates carry on no work -whatsoever, but are kept in complete idleness. Goods for sale are produced in twelve, but in only five of the twelve does these seem to be an attempt to employ 17 in this way as many as the law allows. Three of the five, as was stated previously, employ more than 35 per cent in the production of goods for sale. Twenty-six of the institutions employ some of the prisoners in other ways, mainly in caring for the institution The Philadelphia House of Correction also assists certain departments of the city government. Three institutions report that they have done some road-work. On account of the lack of detail, it is im- possible to state with any degree of accuracy the average percent^ employed taking the county institutions as a whole. In all prob- ability, the figures overstate the amount of employment. Desultory employment is one thing, steady employment is another, and yet the figures fail to reveal this fact. One thing at least is certain Idle- ness is the rule and effective economic enterprise a rare feature o the county institutions for criminals. 5 General Conclusions: An examination of the figures for a the'institutions enables one to note other facts of importance. In the first place, it will be seen that the legal limitation already mentioned could not have been the only obstacle in the way of the employment of the prisoners, since only seven of the institutions come anywhere near employing the 35 per cent allowed by law, in the production of goods for sale. The reformatory and the four institutions for juve- nile delinquents have given up entirely all attempts to manufacture „ 00 ds for outside use, and the large number of county institutions which do no work at all is particularly noticeable The Commission is decidedly of the opinion that the real explanation of the failure on the part of the county institutions to employ their inmates is to be found not in the law of 1897 but in the nature of the county jail or prison itself. Its location, size and customary management ma e it in general, unsuitable for the successful employment of prison- ers. As this phase of the problem is discussed fully in Part II, it is not necessary to enlarge on it here. , , .. . The following table on employment gives the tacts in detail fo each institution: ■■ Institution. Goods Produced for Sale. Kind. All Other Work. Kind. State penitentaries Eastern Penitentiary , Philadelphia. Western Penitentiary, Allegheny. Chair caning, cigars, shoes, stockings. Mats and matting, hos- iery and brooms. 35 Outside and inside work of all descriptions. Trade work. Outside and inside work, 14 54 18 Institution. Goods Produced for Sale. All Other Work. Kind. Kind. State reformatory: 1. Pennsylvania Industrial Reformatory, Hunting- don. Institutions for juvenile de- linquents : None, 0 1. Pennsylvania Reform School, Morganza. None, 0 2. Pennsylvania State House of Refuge for Boys, Glen Mills. None, 0 3. The House of Refuge, Girls Department, Dar- ling. None, 0 4. The Philadelphia Protec- tory for Boys, Pawl- ing. County institutions: None, 0 1. Adams County Jail, Gettysburg. None 0 2. Allegheny County Prison, Allegheny. None, 9 3. Allegheny County Work- house and Inebriate Asylum, Hoboken. Brooms, brushes, carpet, chairs. 34 4. Armstrong County Jail, Kittanning. None, 0 6. Beaver County Jail, Beaver. None, 0 6. Bedford County Jail, Bedford. None, 0 7. Berks County Prison, Reading. Carpet, 10 8. Blair County Jail, Holli- daysburg. None, 0 9. Bradford County Jail, Towanda. None, 0 19. Bucks County Jail, Doy- lestown. Breaking stone, 60 11. Butler County Jail, But- ler. None, 0 12. Cambria County Jail. Ebensburg. None, 0 13. Cameron County Jail, Emporium. None, 0 14. Carbon County Jail, Mauch Chunk. None, 0 16. Centre County Jail, Bel- lefonte. None 0 16. Chester County Prison, West Chester. Carpets, caning chairs, brooms, carpet, rugs. 71.4 17. Clarion County Jail, Clarion. None, 0 Trade school work for the institution, on the farm, island garden, roads, etc. 90 Outside work and dairy work, tailoring, shoe- making, plumbing, car- pentry, blacksmithing, bricklaying, laundry work, household, cook- ing, dress-making, knit- ting, and domestic science. Printing, carpentering blacksmithing, mason’s work, shoemaking, p a i n ti n g, tailoring, steam fitting, plumb- ing, practical electrical engineering, stocking, butchering, and meat cutting, farming and gardening, care of stock and baking. Sewing, dressmaking house-hold work, care of chickens, pigs, farm work, etc. Tailoring, shoe-making wood carving, carpentry and joining end cooking. 100 100 100 100 None, Cooking, baking, laundry work and care of insti- tution. Laboring and labor on farm. Care of institution, None * None Care of institution, — Care of institution, — None, General work in and around the institution. None County road and farm work, take care of a park for county and all work at the prison. None, None None, Care of institution, etc., None Not given 0 Not given Not given 0 50 0 100 0 0 0 28.6 0 19 Institution. Kind. All Other Work. Kind. u PLi 18. Clearfield County Jail, Clearfield. 19. Clinton County Jail, Lock Haven. 20. Columbia County Jail, Bloomsburg. 21. Crawford County Jail, Meadville. 22. Cumberland County Jail, Carlisle. 23. Dauphin County Jail, Harrisburg. 24. Delaware County Prison, Media. 25. Elk County Jail, way. Ridg- 26. Erie County Jail, Erie, 27. Fayette County Uniontown. Jail, 28. Forest County Tionesta. Jail, 29. Franklin County Chambersburg. Jail, 30. Fulton County McConnellsburg. Jail, 31. Greene County Waynesburg. Jail, 32. Huntingdon County Huntingdon. Jail, 33. Indiana County Indiana. Jail, 34. Jefferson County Brookville. Jail, 35. Juniata County Mifflintown. Jail, 36. Lackawanna County Scranton. Jail, 37. Lancaster County Prison, Lancaster. 38. Lawrence County New Castle. Jail, 39. Lebanon County Lebanon. Jail, 40. Lehigh County Jail, Al- lentown. 41. Luzerne County Wilkes-Barre. Jail, 42. Lycoming County Jail, Williamsport. 43. McKean County Jail, Smethport. 44. Mercer County Jail, Mer- cer. 45. Mifflin County Jail, Lewistown. 46. Monroe County Jail, Stroudsburg. 17. Montgomery County Pris- on, Norristown. 48. Montour County Jail, Danville. 49. Northampton County Prison, Easton. 50. Northumberland County Prison, Sunbury. 51. Perry County Jail, New Bloomfield. None, None, None, None None None Rag carpets, caning chairs. None, None, None No^ie, None None, None, None, None, None None, None, Carpet, None, None, Carpets, cloth for prison wear, stockings, etc. None, None, None, None, None, None Tying and sewing rags. None, Carpet, Carpet and socks, None, 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 15 0 0 12 0 0 0 0 0 0 10 0 10 33.3 0 None None None None, None None Care of institution None, None, Care of institution and court house, None Care of institution, None, None, Care of institution None, None None Care of institution, 0 0 0 0 0 0 0 0 Not given 0 Not given 0 0 Not given 0 0 0 Not given Public highways None Care of institution, Make towels, sheets, pillow slips, wraps, repair clothing, make shoes and hosiery; steam is furnished to court house. None, None Care of court house and lawn, None None, Caring for institution, laundry work, None Tending boilers, painting, gardeners, tailoring, school teachers, etc. None, Not given 0 Not given 0 90 Not given 20 Institution. Goods Produced for Sale. All Other Work. *6 o> a> O o 71 71 a a o p a o w «g§ a a 2 p fl S ■SSfc-a 10 0) q-o g 4) -M '3 g p . 60 « 5 a ® ^ g 600 (j y a d< a p a ■— jg co .r* •« H — p 3a at: aft. a. g a. ^1, u fl o S"" O * 60*2 ■a § *t: ■g£ —8. g £ ba «o£” • *0^2 • • • • • o o«H*n O o c o o o a “ ft a 3 g a a •a o a Ref- De- for heny, and «W 03 ri >> *4 b0„, <1) © • rH (0 d House < en Mills. ! uge, Gii o o ©.Q Sslig 2 o oH d«wo .5 a a a 6|) w 03 ftp .Sm ° Q -o 1 a ® 4j‘ « os 03 u b a~CM >OoDf! p a « n 6t j, (S J) O CM H H a o j 2 o 0 bfl -Og CO I ® a «a fl^ 4) I'sl s - ^ j: o a) «ai a u A i*. 0>-< t> +■> C3 g 03 O Q< 2* | ss**' BJ .S ftiy _ 60 a -rj 2g ^S°p a fe g. .g^-gg'”* 'Sajtf'dflflJtii b t. i «-© .• co QJ OJ »0 « rH *. -M aB 5 ft o«g o'E 4>>aB S * 'ofl 5 a o. !Wo' J° SS.jjgS g-d « £ | §g « £.9 a :si p* s * , ° 3 “ a . H IB . KCi H O 0> O 0> 3 3 o g So C &^-i ft g£sa STE^ ■g . 3 5* 3 9 o g So < g’d nj*S* « ^afa . fl * . bio to •Sg«a|, a S > u « -J l*g s J a ^ o i-+S < W i-PM PU &§ a S 3.3 03 Oi QO & £ 3 O j) 3 la® |§S3 oVoT 2 So | w a £-2 h 4) a <* a; 3 "-3 a S ‘5 03^? n>-s q OO O _ ' O ®.9 a 03 = >> Sgg* goog 2**0 .= 00 N4J X #-« a & w 9 . P'O fa fa 53 °oa?a ' 03 03 03 ® hlhJhhl a o «l CO cq 5a 1 °lo o o Z o o o ZZZ ■-> • 61) s : a £ -a o cT> *3* ►»*-# a orthumbe) bury. hiladelphi delphia. hiladelphi Holmesbu ~5° 2aa ►.£2 „• a £ w a jq « os © O ft*, b* ^ Z fc 21. 22. 23. 24. 25. 26. 26 *LIST. SHOE DEPARTMENT. Cutters, $1.00 per month allowance. Fitters, 1 cent per pair for brogans. Fitters, 2 cents per pair peg bals. Fitters, 5 cents per pair of custom shoes. Shoemakers, 3i cents per pair of cell shoes. Shoemakers, 7 cents per pair for yard brogans and bals. Shoemakers, 30' cents per pair for hand sewed custom work. Shoemaking, 25 cents per pair for fudging. Cobbling, 20 cents per pair for half soled and heeling (sewed). Cobbling, 15 cents per pair for half soled and heeling (nailed). Cobbling, 16 cents per pair for soling (sewed). Cobbling, 11 cents per pair for soling (nailed). Cobbling, 4 cents per pair for heeling. CIGAR DEPARTMENT. Tobacco strippers from $.00i to $.001 per pound according to the grade of tobacco. Wrapper strippers and selectors 4 cents per pound. Cigar makers from 8 cents to $2.35 per thousand, according to grade of cigars. Packers, 10 cents per thousand. Box makers and trimmers, $1.00' per month allowance. Tobacco stockmen from $1.00 to $2.00 per month allowance. Labeling, $1.00 per month allowance. Banding, 10 cents per thousand. Cutting, 5 cents per thousand. STOCKING DEPARTMENT. Knitters, under 3 dozen pairs per day no allowance. Knitters, 3 dozen pairs per day 2 cents per dozen. Knitters, 4 dozen pairs per day, 2J cents per dozen. Knitters, 5 dozen pairs per day, 3 cents per dozen. Knitters, 7 dozen pairs per day 3i cents per dozen. Itibbers, 45 cents per hundred dozen pairs. Loopers (working in sets of 3 men to a machine) 85 cents per hundred dozen pairs. Examiners $1.00 per month allowance. Pressing and packing from $1.00 to $1.50 per month allowance. Machinists, $2.50 per month allowance. CANING DEPARTMENT. From 6 cents to 16 cents per seat according to the size of a seat. WEAVING DEPARTMENT. Jean, 1 cent per yard. Bed ticking, 11 cents per yard. Gingham, 11 cents per yard. Muslin, 1 cent per yard. Flannel, 1 cent per yard. Shirting, 1 cent per yard. Office Clerks, $4.00 per month allowance. Bertillon Clerk, $3.00 per month allowance. Clerk, Woodworking Department, $1.00 per month allowance. Office Runners, $1.00 per month allowance. Printers, $1.00 to $2.00 per month allowance. Diet Kitchen Cook, $4.00 per month allowance. Hospital Helpers, $2.00 per month allowance. Rag Sewers, 26 cents per month tobacco or sundries allowance. Mechanics and Laborers, 26 cents per month tobacco or sundries allowance. Block Runners, 26 cents per month tobacco or sundries allowance. 27 RECOMMENDATIONS OF THE COMMISSION. The recommendations of the Commission have all been embodied in bills and have been printed in Part II of this report. Stated briefly, these bills provide for six things, as follows: a. The employment under the State-Use System of the inmates of the Eastern Penitentiary, the Western Penitentiary and the Penn- sylvania Industrial Reformatory at Huntingdon. b. The administrative machinery necessary for the introduction of the State-Use System in these three institutions. c. The purchase of a moderate sized farm to be used in connec- tion with the Eastern Penitentiary. d. An opportunity for the counties to employ the inmates of the jails, workhouses, houses of correction, etc., in the production of goods for the use of county institutions or the inmates thereof. e. The creation of six industrial farms for misdemeanants and the employment and compensation of the inmates. f. A modification of the existing wage system in so far as it ap- plies to the Eastern Penitentiary, the Western Penitentiary and the Huntingdon Reformatory. These recommendations, if put into effect, would, the Commission firmly believes, do much to insure proper treatment to all the pris- oners of the State. No attempt has been made by the Commission to strike out into untried fields. The bills are but an effort to put into tangible form the experience and thought of present day stu- dents and administrators. They leave untouched the many good features of the Pennsylvania prison system. For example, the Com- mission has made no recommendations in connection with the insti- tutions for juvenile delinquents. It believes that these are on the whole doing excellent work and feels that the present task of the State is to afford to adult offenders something of the same oppor- tunity for reformation that is now open to juvenile delinquents. ( 28 ) Fart II ( 29 ) ( 30 ) 31 AN ACT Providing a system of employment and compensation for the inmates of tiie Eastern Penitentiary, Western Penitentiary and the Pennsylvania In- dustrial Reformatory at Huntingdon, and for such other correctional in- stitutions as shall be hereafter established by the Commonwealth, and making an appropriation therefor. Section 1. Be it enacted by the Senate and House of Representa- tives of the Commonwealth of Pennsylvania in General Assembly met and it is hereby enacted by the authority of the same, That all persons sentenced to the Eastern or the Western Penitentiary, or to the Pennsylvania Industrial Reformatory at Huntingdon, or to any other correctional institution hereafter established by the Commonwealth, who are physically capable of such labor, shall be employed at hard labor, for not to exceed eight hours each day, other than Sundays and public holidays. Such hard labor shall be for the purpose of the manufacture and production of supplies for said insti- tutions, or for the Commonwealth, or for any political division thereof, or for any public institution owned and managed and con- trolled by the Commonwealth or any political division thereof, or for the preparation and manufacture of building material for the con- struction or repair of any State institution, or in the work of such construction or repair, or for the purpose of industrial training and instruction, or partly for one and partly for the other of such pur- poses, or in the manufacture and production of crushed stone, brick, tile, and culvert pipe or other material, suitable for draining roads of the State, or in the preparation of road building and ballasting material. Section 2. The secretary of the State Board of Public Charities, a member of the board of prison inspectors of the Eastern Peni- tentiary designated by such board, a member of the board of prison inspectors of the Western Penitentiary designated by such board, a member of the board of managers of the Pennsylvania Industrial Reformatory at Huntingdon designated by such board, and five citi- zens to be appointed by the Governor, by and with the consent of the Senate, one of whom shall be known and so designated by the Governor, as the Business Agent of the Commission, shall consti- tute the Prison Labor Commission, which commission shall perform the duties herein specified with reference to the regulation and supervision of the labor of inmates of the penitentiaries and re- formatory, and other correctional institutions hereafter established by this Commonwealth, and for the disposal of the products of the labor of such inmates. The five citizens to be appointed by the Governor shall be appointed as follows: One for one year, one for two years, one for three years, one for four years, and one for five 32 years. Their several successors shall each be appointed for a full term of live years, but vacancies occurring otherwise than by ex- piration of term shall be filled for the unexpired term only. The Governor may remove any of the commissioners for misconduct, in- competency or neglect of duty, after opportunity shall be given him or them to be heard upon written charges. Each member of the Commission with the exception of the Business Agent shall receive an annual salary of one thousand dollars ($1,000.00) payable monthly and shall also be allowed his expenses actually and necessarily in- curred in the discharge of his duties. The Business Agent of the Commission shall be a man skilled in the administration of business affairs and shall be the secretary of the Commission. He shall give his entire time to the work of the Commission, paying special at- tention to the development of a market for prison-made goods, and to securing an output that will be satisfactory as to quality and price to the consumer of the product. He shall at all times be sub- ject to the orders of the commissioners and act under their general direction. He shall receive an annual salary of seven thousand five hundred dollars ($7,500.00), payable monthly, and shall also be al- lowed his expenses actually and necessarily incurred in the discharge of his duties. The Prison Labor Commission is empowered to em- ploy such clerks or other employees as are necessary for the proper conduct of its business at such salaries as shall be determined by the Commission. Section 3. It shall be the duty of the Prison Labor Commission to classify the buildings, offices and institutions owned or managed and controlled by the State, or by the political divisions thereof, and fix and determine the styles, patterns, designs and qualities of the articles to be manufactured for such buildings, offices, and pub- lic institutions. So far as practicable, all supplies used in such building, offices and public institutions shall be uniform for each class. The styles, patterns, designs and qualities shall be such as can be manufactured in the reformatory and penitentiaries, and other correctional institutions hereafter established. Section 4. The Prison Labor Commission shall assign in the penitentiaries and reformatory and other correctional institutions hereafter established, the industries to be carried on therein, hav- ing due regard to the location and convenience thereof with respect to other institutions to be supplied, to the machinery therein and the number and character of inmates. Section 5. In November of each year, the Prison Labor Commis- sion shall issue to the official or officials having lawful authority to purchase such article or articles a descriptive list of the styles, de- signs and qualities of said articles and materials; and the requisi- tions shall conform to the said list. 33 Section G. Annually in December the officials having lawful au- thority to purchase such article or articles shall send to the Prison Labor Commission an estimate of the quantities of the articles and materials that will be needed during the ensuing calendar year by the Commonwealth or by the political subdivision or institutions for whom they are acting. Said estimates shall observe the styles, de- signs and qualities named in the descriptive list. If any special style is desired in considerable quantity, the estimate shall contain a re- quest that the Prison Labor Commission arrange for the manufac- ture of such special articles as may be needed. Section 7. The price of all articles and materials supplied by the prisons shall be fixed by the Prison Labor Commission and shall con- form as nearly as may be to the wholesale market rates for similar goods manufactured outside of the prisons. Section 8. In January of each year the Prison Labor Commission shall send to the Auditor General, to the controllers, commissioners, auditors and treasurers or other proper officers of the several coun- ties, and to the auditor, controller and treasurer or other proper of- fices of each city, borough, town and township, a list of the articles and materials that can be produced by the labor of prisoners for the use of public institutions, offices and departments of the Com- monwealth, of the counties and of the cities, boroughs, towns and townships. No bills for any such articles or materials purchased for the use of said institutions, offices or departments, otherwise than from the Prison Labor Commission shall be approved, allowed or paid, unless it is accompanied by a certificate from the Prison Labor Commission, showing that a requisition therefor has been made and that it cannot supply the goods. Section 9. For the purchase of material, equipment and machin- ery used in manufacturing industries, a special appropriation of two hundred thousand dollars ($200,000.00) shall be made to the Prison Labor Commission, to be known as the manufacturing fund. Payment of such moneys shall be on requisition of the Commission, and on warrant of the Auditor General. Receipts from the sales of manufactured articles shall not be turned into the State Treasury, but shall be credited to said fund, to be used for the purchase of fur- ther materials, equipments, machinery and supplies for such indus- tries, and the Business Agent shall make a full monthly report of the products, sales, receipts and disbursements of said industries to the Auditor General of the Commonwealth. Section 10. The sum of fifty thousand dollars, or so much thereof as may be necessary, is hereby specifically appropriated to the Prison 3 u Labor Commission for the two fiscal years beginning June iirst one thousand nine hundred and fifteen cor the purpose of paying salaries, clerk hire, traveling expenses and contingent expenses. Section 11. Hereafter an account shall be kept by the proper of- ficers of the Western Penitentiary, the Eastern Penitentiary and the Pennsylvania Industrial Reformatory at Huntingdon, and the other correctional institutions hereafter established by the Common- wealth, of the labor performed by all prisoners under sentence in such institution. In such account the prisoner shall be credited with wages for the time he is actually engaged in work, the rate of such wage and the amount credited to each to be regulated at the discretion of the Prison Labor Commission or such persons as they may designate. In no case shall the amount be less than ten cents nor over fifty cents for each day of labor actually performed. The difference in the rate of compensation shall be based both upon the pecuniary value of the work performed, and also on the willingness, industry, and good conduct of such prisoner. Section 12. Three-fourths of the amount credited to each prisoner, or the entire amount if the prisoner so wishes, shall constitute a fund for the relief of any person or persons dependent upon such prisoner, and shall be paid, upon the order of the Prison Labor Com- mission, to the person or persons establishing such dependency to the satisfaction of said board, at such time and times as said board may order. Section 13. In case a prisoner has no person or persons depend- ent upon him, the sums so credited shall be invested for the benefit of such prisoner under the rules and regulations of the Prison Labor Commission; and the sum so credited, together with the accrued in- terest of the same, shall be paid to the said prisoner one-third on dis- charge of prisoner, one-third in three months after his discharge and the balance in six months after his discharge. Section 14. All wages paid under the provisions of this act shall be charged to the manufacturing fund provided for in Section ten of this act. Section 15. The Board of Commissioners of Public Grounds and Buildings shall provide adequate officers and quarters for the Com- mission in the State Capitol or elsewhere, and shall on requisition of the Commission furnish all such books, stationery, furniture sup- plies, et cetera as may be needed to conduct properly the affairs of the Commission. Section 16. The printing and binding necessary for the proper performance of the duties of the Commission and for the proper preservation of the records of the Commission shall be done by the State Printer upon order of the Superintendent of Public Printing and Binding upon requisition of the Commission. 35 Section 17. Any officer who wilfully refuses or neglects to comply with any of the provisions of this act shall be guilty of a misde- meanor and on conviction thereof shall be liable to a penalty of not more than five hundred dollars for each offense. Section 18. Section one of an act approved the eighteenth day of June, one thousand eight hundred ninety-seven, entitled “An act limiting the number of inmates of State prisons, penitentiaries, State reformatories and other penal institutions within the State of Penn- sylvania to be employed in manufacturing goods therein, and pro- hibiting the use of machinery in manufacturing said goods;” Sec- tion one of an act approved the twenty-eighth day of April, one thou- sand eight hundred ninety-nine, entitled “An act amending sections one and two of an act, entitled An act limiting the number of in- mates of State prisons, penitentiaries, State reformatories and other penal institutions within the State of Pennsylvania to be employed in manufacturing goods therein, and prohibiting the use of machin- ery in manufacturing said goods ” and Section three of an act ap- proved the eighteenth day of June, one thousand eight hundred ninety-seven, entitled “An act limiting the number of inmates of State prisons, penitentiaries, State reformatories and other penal institutions within the State of Pennsylvania to be employed in man- ufacturing goods therein, and prohibiting the use of machinery in manufacturing said goods,” are hereby specifically repealed. Section four of an act approved the thirteenth day of June, one thousand eight hundred eighty-three, entitled “An act to abolish the contract system in the prisons and reformatory institutions of the State of Pennsylvania, and to regulate the wages of the inmates,” insofar as it applies to convicts' under control of State officers, and to inmates of reformatory institutions, is hereby repealed. All other acts or special acts inconsistent herewith, are hereby repealed. AN ACT Providing for the purchase of a tract of land to be used for the benefit of the Eastern Penitentiary, regulating the operation of the tract, and the duties of the Secretary of Agriculture, and the Commissioner of Forestry, and making an appropriation. PENITENTIARY FARM. Section 1. Be it enacted by the Senate and House of Representa- tives of the Commonwealth of Pennsylvania in General Assembly met and it is hereby enacted by the authority of the same, That the Board of Inspectors of the Eastern Penitentiary is authorized 36 to purchase a tract of land in Eastern Pennsylvania, not to exceed five hundred acres, and suitable for general agriculture, fruit raising and stock-raising, with provision also for brick making and the preparation of road and paving material. A tract shall be selected which, as far as practicable, has good railroad, drainage, sewerage and water facilities. BUILDINGS. Section 2. Suitable and sufficient buildings shall be erected, and the work of constructing buildings, outhouses and other structures of any nature shall, so far as practicable, be performed by inmates of the Penitentiary. STOCK AND POULTRY. Section 3. The Board shall provide the tract with sufficient live- stock and poultry to aid in carrying out the intent of this act. CONTRACTS. Section 4. In carrying out the purposes of this act, a contract for performance of work or furnishing of material which exceeds five hundred dollars, shall be let only after advertisement and com- petitive bidding. AGRICULTURAL WORK. Section 5. The Secretary of Agriculture shall provide from time to time when requested by the Board competent experts in agricul- ture, under whose supervision and counsel the tract of land shall be operated. The Commissioner of Forestry shall likewise on re- quest provide experts in forestry to counsel and supervise as afore- said. ADDITIONAL WORK. Section 6. In addition to the agricultural work herein provided for the inmates may be employed at other occupations and trades. OPERATION OF TRACT. Section 7. The tract of land herein provided for shall be operated in the discretion of the Board for the benefit of the Penitentiary, and with an aim to develop to the highest degree the mental, moral and physical qualities of the inmates of the Penitentiary. So far as practicable, the tract shall be operated by the inmates of the institution who may be removed to the tract in the discretion and under the regulations of the Board. APPROPRIATION. Section 8. To carry out the purposes of this act, the sum of seventy-five thousand dollars, or so much thereof as may be neces- sary, is hereby specifically appropriated. Payment of such moneys shall be on requisition of the Board, and on warrant of the Auditor General. 37 AN ACT To amend an act, approved the eighteenth day of June, one thousand eight hundred ninety-seven, entitled “An act limiting the number of inmates of State prisons, penitentiaries, State reformatories and other penal institu- tions within the State of Pennsylvania to be employed in manufacturing goods therein, and prohibiting the use of machinery in manufacturing said goods,” as originally enacted and as amended by an act approved the twenty-eighth day of April, one thousand eight hundred ninety-nine. Section 1. Be it enacted by the Senate and House of Representa- tives of the Commonwealth of Pennsylvania in General Assembly met and it is hereby enacted by the authority of the same, That Section two of an act, approved the eighteenth day of June, one thou- sand eight hundred ninety-seven, entitled “An act limiting the num- ber of inmates of State prisons, penitentiaries, State reformatories and other penal institutions within the State of Pennsylvania to be employed in manufacturing goods therein, and prohibiting the use of machinery in manufacturing said goods,” which as amended by an act approved the twenty-eighth day of April, one thousand eight hundred ninety-nine, reads as follows: “That the officers of the various county prisons, workhouses and reformatory institutions within the Commonwealth of Penn- sylvania shall not employ more than five per centum of the whole number of inmates in said institutions in the manufac- ture of brooms and brushes and hollow ware, and ten per centum in the manufacture of any other kinds of goods, wares, articles or other things that are manufactured elsewhere in the State, except mats and matting, in the manufacture of which twenty per centum of the whole number of inmates may be employed: Provided, This act shall not apply to goods manufactured for use of the inmates of such institutions,” is hereby further amended to read as follows: Section 2. The officers of the various county prisons, workhouses and reformatory institutions within the Commonwealth of Penn- sylvania shall not employ more than five per centum of the whole number of inmates in said institutions in the manufacture of brooms and brushes and hollow ware, and ten per centum in the manufac- ture of any other kind of goods, wares, articles or other things that are manufactured elsewhere in the State, except mats and matting, in the manufacture of which twenty per centum of the whole number of inmates may be employed: Provided, This act shall not apply to goods manufactured for use of the inmates of such institutions, or for any institution , or the inmates of any institution supported wholly or in part hy the county in which the prison, workhouse oP reformatory institution is located , or for the use of the county itself. Section 2. Section three of said act is hereby repealed. 38 AN ACT To provide for the establishment and government of six correctional institu- tions to be known as The Pennsylvania State Farm of the First, Second, Third, Fourth, Fifth and -Sixth Districts, respectively, providing for the care and confinement of prisoners therein, and the transfer of prisoners thereto, and making an appropriation. Section 1. Be it enacted by the Senate and House of Representa- tives of the Commonwealth of Pennsylvania in General Assembly met and it is hereby enacted by the authority of the same, That there are hereby established under the provisions of this act, six cor- rectional institutions for violators of the law, to be known as the Pennsylvania State Farm of the First District, the Pennsylvania State Farm of the Second District, the Pennsylvania State Farm of the Third District, the Pennsylvania State Farm of the Fourth Dis- trict, the Pennsylvania State Farm of the Fifth District and the Pennsylvania State Farm of the Sixth District. Section 2. The first district shall comprise the county of Phila- delphia. The second district shall comprise the County of Allegheny. The third district shall comprise the Counties of Berks, Bucks, Chester, Dauphin, Delaware, Lancaster, Lebanon, Lehigh, Montgom- ery, Northampton and Schuylkill. The fourth district shall comprise the Counties of Bradford, Car- bon, Columbia, Lackawanna, Luzerne, Lycoming, Monroe, Montour, Northumberland, Pike, Sullivan, Susquehanna, Tioga, Wayne and Wyoming. The fifth district shall comprise the counties of Adams, Bedford, Blair, Cambria, Cameron, Centre, Clearfield, Clinton, Cumberland, Elk, Franklin, Fulton, Huntingdon, Juniata, McKean, Mifflin, Perry, Potter, Snyder, Somerset, Union and York. The sixth district shall comprise the Counties of Armstrong, Beaver, Butler, Clarion, Crawford, Erie, Fayette, Forest, Greene, In- diana, Jefferson, Lawrence, Mercer, Venango, Warren, Washington and Westmoreland. Section 3. Upon the approval of this act, a commission shall be created which shall be composed of five reputable citizens of the Commonwealth to be appointed by the Governor, not more than three of whom shall be members of the same political party, and such com- mission is hereby authorized by a majority vote, to select suitable sites for the State Farms. The commission shall serve without com- pensation, but all of their expenses actually and necessarily in- curred shall be paid. The commission shall purchase six tracts of not more than five hundred acres of land in each tract, the title to which shall be good and sufficient and approved by the Attorney Gen- eral. and such title shall be taken in the name of the Commonwealth of Pennsylvania. 39 Section 4. In the selection of sites, the commission shall take into consideration the objects and purposes of the institutions and all or as many as practicable of the following enumerated advantages and resources: the land selected and purchased shall be of varied topography with natural resources and advantages for varied forms of husbandry, fruit growing, and stock raising, for brick making and for the preparation of road and paving material, and shall have good railroad, drainage, sewage and water facilities. Section 5. Upon the selection of locations and sites and the pur- chase of land for the State Farms, the Governor shall appoint a board of trustees for each of said institutions, to consist of five mem- bers, who shall be reputable citizens of Pennsylvania, not more than three of whom shall belong to the same political party. Such trus- tees shall serve without compensation, but their expenses actually and necessarily incurred shall be paid. One member of each board shall be appointed for one year, one for two years, and one for three years, one for four years and one for five years. Thereafter all ap- pointments shall be for a term of five years respectively. In case of a vacancy from any cause, the appointment to fill such vacancy shall be made by the Governor for the unexpired term. The Gov- ernor may remove any of the trustees for misconduct, in competency or neglect of duty, after opportunity shall be given him or them to be heard upon written charges. Section 6. All buildings constructed in pursuance of this act shall be plain and inexpensive in character and the labor in constructing such buildings, improvements and facilities shall be supplied by the persons committed to the institution or confined in the State penal and reformatory institutions so far as found practicable. The boards of trustees shall procure all necessary materials, erect and equip such buildings, employ such skilled labor as cannot be furnished by the prisoners committed thereto or by prisoners in the State penitentiaries or the Pennsylvania Industrial Reformatory at Huntingdon, and provide all proper facilities for their use and for the practical use of the institution. When the board of trustees of the State farms shall have made all preliminary arrangements for the construction of the buildings and equipment, they shall notify the Governor, who shall issue a proclamation thereon, and thereafter prisoners having more than thirty days to serve may be transferred to the State farm from any jail or workhouse in that district on the order of the Governor. Section 7. The boards of inspectors of the Pennsylvania State Penitentiaries and of the Pennsylvania Industrial Reformatory at Huntingdon on reouest from a board of trustees of a State farm, are authorized to transfer to a State farm from their respective institu- tions any nrisone^s of special or mechanical ability therein who may be found in the judgment of such board and the board of trustees of 40 the State farm suitable for the purpose, and provide transportation and proper guards therefor ; and while such prisoners rmain at State farm, they shall be subject to the orders of the managers or inspectors of the institution from which they were transferred as to their re- turn, and in all other respects except as to discipline and govern- ment. While at such State farm they shall be under the control, dis- cipline and government and subject to the orders of the board of trustees of the State farm and its executive officers. The prisoners transferred for the purpose of supplying labor as aforesaid from the State Penitentiatries and the Pennsylvania In- dustrial Reformatory at Huntingdon, shall be apportioned as to number by agreement of the managers or inspectors of said institu- tions respectively, and in case they cannot agree thereon, the Gov- ernor is authorized to determine the number and kind of mechanics or prisoners of special ability to be transferred from each of said institutions and cause the same to be so transferred. The expense of transportation and transfer of the prisoners used in the construction of building and equipment to and from the State farms shall be paid on bills rendered to the Auditor General out of the fund provided for the establishment of the State farms. The maintenance of such prisoners as are transferred from the State Penitentiary or Reformatory shall be paid by the institution from which they are transferred; but the cost of such maintenance in excess of the average per capita cost of the prisoners at the in- stition from which they are transferred shall be refunded to the said institution from the fund appropriated for the state farm. Section 8. When any state farm shall be equipped with buildings and other facilities sufficient in the opinion of its board of trustees to receive prisoners, such board of trustees shall notify the governor and upon such notification the governor shall by proclamation de- clare the state farm ready to receive prisoners; and thereafter it shall be the duty of all judges of courts of record of that district to commit thereto all persons convicted of the violation of any law of this state, the punishment for which now consists of imprisonment in any county jail or workhouse. All such commitments shall be to the state farm of the respective district. Section 9. The cost of transportation of persons committed to the state farms shall be paid by the counties respectively from which the prisoner is committed and the sheriff of the county shall receive the same mileage and fees for prisoners committed to the state farm as are now allowed by law for transporting prisoners committed to the State Penitentiaries and Reformatory. When any prisoner is dis- charged from a state farm, the superintendent or warden thereof shall procure for him a railroad ticket to any point to which said prisoner may desire to go, not farther from said state farm than the 41 point from which he was sentenced, and it shall be the duty of the superintendent or warden or his duly authorized agent, to accom- pany the prisoner to the railroad station, deliver the ticket to the proper railroad conductor and formally release the prisoner on the train which he takes for his destination. Section 10. In case, at any time it shall be found that a state farm can accommodate and care for more prisoners than are of the class above designated, the Governor may order to be transferred to the state farm, from the state penitentiaries or the Pennsylvania Industrial Reformatory at Huntingdon, or both, such prisoners as he and the boards of such institutions shall find can be better cared for at the state farm. Such prisoners so transferred may be re- turned to the institution from which they were transferred when- ever the Governor and the board of trustees of the state farm shall find such return for the benefit of the prisoners of the institution. ^Section 11. It shall be the purpose of the state farm to employ the prisoners committed or transferred thereto, in work on or about the buildings and farm and in growing produce and supplies for its own use and for the other institutions of the state; in pre- paration of road material; and in making brick, tile, paving material and such other products or material as may be found practicable for the use of the stale or any political subdivision therein and for the proper and healthful employment of such prisoners. Section 12. For the purchase of the land contemplated in this act, there is hereby appropriated for the use of the commission and boards of trustees created by this act, the sum of two hundred thou- sand dollars ($200, 000.00), or so much thereof as may be necessary, twenty thousand dollars ($20,000.00) of which shall be made avail- able June first, one thousand nine hundred fifteen, for the taking of options, and the balance January first, one thousand nine hundred sixteen. For the erection of buildings and other construction and development contemplated by this act and the running expenses of the commission and the boards and the salaries and expenses of executive officers of the institution and the expense incident to the transfer of prisoners to the institution, the sum of eighty thousand dollars ( $80,000.00) or so much thereof as may be necessary is hereby appropriated to be available June first, one thousand nine hundred fifteen. Any part of the appropriation for the purchase of land which shall not be needed therefor shall be placed in the fund for the erection of buildings and other construction and development. Payment of such moneys shall be on requisition of the commission, and on warrant of the auditor general. Section 13. The six boards of trustees acting as a body shall adopt and may amend or revoke or add to at any time rules governing the stale farms. Such rules shall be subject to the approval of the Gov- 42 ernor and shall not be inconsistent with the constitution or laws of the Commonwealth or of the United States. Section 14. Each board of trustees shall appoint a superintendent of the farm and such other employes as the board may deem proper, all of whom shall be bona fide citizens of Pennsylvania. The com- pensation and duties of the superintendent and employes shall be fixed by the board. THE ORGANIZATION OF THE STATE-USE SYSTEM. Definition: The State-Use System of employing prisoners can be briefly defined as that system under which the State itself, through its own agencies, undertakes the work of production and then, in its capacity as a consumer, uses all the goods which it has thus created. It differs from the State-Account System only in the fact that the goods are not sold on the open market but are taken direct by the state or its political divisions, usually at current prices. To the extent that it can in this way satisfy its own wants, the state binds itself not to purchase elsewhere. Variations of the State-Use System in Practice: It can be easily seen that wide variations might be possible in the extent to which a state might adopt this system. As a matter of fact, such is actually the case. In the paragraphs which follow, the most important cases are cited for the reason that they offer a partial explanation of the diversity in organization which is found in the states having this sys- tem of employing prisoners. Probably the simplest situation is where part of the inmates of an institution are employed in growing vegetable or in making clothing for themselves or in repairing or constructing buildings forming a part of the institution in which they are confined. No goods are sold to other institutions ; everything is used on the spot. The inmates who are not employed in this way may form by far the larger per cent of the total number and may conceivably be worked under any of the other systems. A system somewhat more developed is seen in the case of a prison or reformatory which furnishes some one or two products, as coal or coke, to various state institutions. Although under the State- Use System, the state is always in the broad sense both producer and consumer, yet in the situation which is here depicted, in the narrow sense at least, unlike the provious case there is a differentiation of producer and consumer. Outside tastes have now to be consulted, and the producing institution enters the market, but with cus- tomers guaranteed to it by thp state. The next and last stage in the evolution of the State-Use System, in so far as it has yet been developed, is reached when a great 43 variety of goods are produced and distributed throughout the state to the institutions which can use them. This situation does not differ from the one outlined in the preceding paragraph except in the greater number of goods that are produced. While the difference is only one of degree, the problem of administration is more complex since the quality and style of the goods needed is not so easily de- termined or the goods so easily produced. A single institution has been assumed in all that has yet been said. This assumption is justified for two reasons. In the first place, it corresponds to the facts in some states; and in the second place, the evolution of the system can be best explained in this way. It is, of course, true that in some states, the prisoners of two or more institutions are employed under the State-Use System; and while this involves, in some cases, additional machinery of organ- ization, such a situation can not logically be looked upon as a fourth stage in the development of the State-Use System. It constitutes merely a variation of any one of three stages already described. Management of Institutions: There is no one form of management of the institutions for delinquents in the United States. The prac- tice varies greatly from state to state, and a detailed study of the whole question would undoubtedly show great differences along many lines. For the purpose, however, of this chapter, all minor differences may be omitted and attention focused on the two main forms of prison management — centralized and decentralized. In some states each institution has its own board of managers or trus- tees, while in others all are under one board. There are, moreover, two forms of centralized management. The central board may have control merely of the prisons or it may also manage other state insti- tutions as hospitals, asylums, etc. Each form of management has, as will be presently shown, its influence on the organization of the State-Use System. Essential Features of the State-Use System: The problem of or- ganization has to do largely with two things. Into whose hands is to be entrusted the production and sale of the goods; and who is to de- cide the styles and designs? Ordinarily these two functions are left in the same hands. The free manufacturer who produces for the mar- ket also decides on the styles and designs; but it must be remembered that the prisons are not producing for the market but for customers who must buy. Hence it is but reasonable for those who must buy to have a hand in determining the kind of goods which they must pur- chase. The result is that, in justice to all, either the group that de- cides on the styles and designs ought to be different from the group that controls the production and sale, which would naturally be made up of prison representatives, or if one body exercises both function^ it should be composed of representatives of both the producing and consuming institutions. 44 Effect of Number of Institutions and Form of Management on Organization of State-Use System: It is clear from what has already been said that the organization of the State-Use System would be little affected in the first stage of its development by either the number of prisons or the form of management. Since in the first stage, the same institution consumes the goods that produces them, under either form of management, whether one institution or sev- eral, the board in control of production would be ipso facto repre- sentative of the consuming interests. In the second stage of development, the situation is not so simple. Both the number of producing institutions and the form of manage- ment is of consequence. Inasmuch as the second stage differs only from the third stage in the variety of goods that are produced, What follows applies equally to both the second and the third stages, although it is easy to understand that there is not so great a neces- sity of consulting the tastes of the consumers, if there is but one commodity supplied and that a staple one as coal or coke. The combinations of management and number which might result are five: — 1. One prison under its own board. 2. One prison under a board also controlling other State insti- tutions. 3. Two or more prisons, each under its own board. 4. Two or more prisons under one board also controlling other state institutions. 5. Two or more prisons under one board. As will be presently shown, combinations No. 1 and No. 5 and combinations No. 2 and No. 4 are, from the point of view of the or- ganization of the State-Use System, practically the same. Keeping in mind the essential features of the State-Use System and the fact that the present discussion relates only to the second and third stages of its evolution, it is clearly apparent that the only additional machinery that is needed for the organization, of the system, in a state represented by combination No. 1 is some board or group of officials to represent the consuming interest. If, as has been pointed out, but a single commodity is offered for sale, the consumers may need no such body to represent them. The pro- duction and sale can be carried on by a board of management and the consuming institutions can trust to it to supply a standard article. If, as in combination No. 2, the prison is managed by a board controlling other state institutions, no additional machinery is needed at all, for, since the board represents both the consuming in- stitutions and the producing one, to it may be safely entrusted the production of goods and the determining of styles and designs. 45 Tlie situation in a state like Pennsylvania, portrayed by combina- tion No. 3, calls for the greatest additions to the existing machinery. Not only is it necessary to create a group representing the consum- ing interests which will determine styles and designs, but there is also necessary a board of some sort that will apportion the indus- tries among the various prisons and act as the selling agent of them all. One board can be made to serve, providing it is made up of representatives of both the interested parties. Combination No. 4 differs in no wise from combination No. 2 with the exception that there are two or more producing institutions instead of one. This fact, however, does not alter the situation as the controlling board can distribute the industries among the prisons and direct the production in them as well as it could in the case of one institution. Likewise, combination No. 5 is the same as No. 1 in its effect on the organization of the State-Use System. What is needed here is the creation of some board to look after the interests of the consum- ing institutions by determining the styles and designs of the goods. Summary: No attempt has been made in this discussion of the State-Use System to do more than account for the main differences of organization. In general, it will be found that the existing or- ganization of the State-Use System can be accounted for by refer- ence either to one or all of the following facts — the stage of its de- velopment, the number of producing institutions or their form of management. In the table which is attached, all of the states in which provisions by law is made for the State-Use System have been tabulated in such a way that the main features of the organization of the State-Use System can be seen at a glance. Attention is called to a few of the most prominent examples of the State-Use System, which illustrate types of organization. In Massachusetts, the prisons, with the exception of the state farm, are all under one management. This board, however, does not control the other state institutions; consequently the styles and designs are determined by another board directly representative of the consumers. The Ohio Board of Administration control both the prisons and the other state institutions. As both interests are thus represented in the same board, the production of the goods and the determina- tion of the styles are left to it. The prisons of New Jersey are under separate boards, as in Penn- sylvania; as a result a new board was created composed of repre- sentatives of the two interests involved. The Kansas state penitentiary supplies coal to other institutions. There is no board to look after the interests of the consumer, nor is there any need for one since the commodity furnished is a staple one. 46 ORGANIZATION OF THE State. State Penal and Cor- rectional Institutions for Adults. Is State-Use System in Force? Management of Insti- tutions. Arkansas State Peni- tentiary. Yes. The management is vested in a board of three commissioners appointed by the governor. Folsom State Prison. San Quentin State Prison. In part. In part. Under the control of a State Board of Prison Directors. State Penitentiary. State Reformatory. Legal provision though not in force in either institution. Both institutions under one board of prison commissioners. State farm. Legal provision though not in force. Under control of prison commissioners elected by the people. State Penitentiary. Southern Illinois Peni- tentiary. Illinois State Reforma- tory. In part. In part. In part. Each institution has its own board of man- agers. Indiana, State Prison (males.) Woman’s Prison. Reformatory. In part. Yes. In part. Each institution has its own board of man- agers. TCnnsns State Penitentiary. In part. Under control of Board of Directors. Mflssnchnsptts State Prison. Massachusetts Reform- atory. Reformatory for Wo- men. Prison Camp and Hos- pital. State Farm. In part. In part. In part. In part. The management of the State Prison, the Massachusetts Re- formatory, the Re- formatory for Wo- men, and the Prison camp and hospital is in the hands of the Prison Commissioners. The State Farm is managed by a Board of Trustees under the direction of the State Board of Charity. Michigan, State Prison. State Prison (branch.) Reformatory. House of Correction. Legal provision though not in force. Each institution has its own board of control. Mississippi State Penitentiary. In part. Under board of trus- tees. STATE— USE SYSTEM. Production and Sale. Classification of Goods. The board of commissioners has entire control. Placed in the hands of the board of commis- sioners. Industries are to be set up by the Board of Prison Directors; but the State Board of Ex- aminers establish the rules and regulations under which the sale, purchase and delivery of articles, materials and supplies may be made. Placed in the hands of Board of Prison Direct- ors in conjunction with the State Board of Examiners, and subject to the approval of thy governor. The State Commission of Prison Labor is given power over the industries. It is composed of the Board of Commissioners of the State Peni- tentiary, the wardens of the state penitentiary and the state reformatory, the secretary of the State Board of Charities and Corrections, and the Governor of the State. The work of classification is placed in the hands of the State Commission on Prison Labor. Placed in hands of Prison Commission. Left to Prison Commission. The Board of Prison Industries plans the scheme of prison industries, and the individual boards in control of the institutions puts it into effect. This board is composed of the commissioners of each penitentiary and the managers of the reformatory. It assigns the industries and dis- poses of old machinery, et cetera. There is a Board of Classification composed of the president of the Board of Prison Industries, the president of the State Board of Charities and the Auditor of Public Accounts. (Apply only to reformatory.; The board of trustees of the reformatory has entire charge of the industries. (Applies only to reformatory.) There is a Board of Classification composed of the superintendent and the president of the board of trustees and the superintendent or head officers of two other state institutions designated annually by the governor. In hands of the warden. As coal is the only object sold, no classification is needed. The duty of causing the articles to be manu- factured is placed on the Prison Commissioners. They also issue the catalogue of goods. This work is under the directions of a group composed ofthe superintendents of institutions for the insane, the superintendents of other charitable institutions, and officers in charge of penal and reformatory institutions. After hav- ing come to a decision as respects styles, de- signs, etc., they notify the prison commis- sioners. By request of the commissioners, the state board of charity may establish the style, design, etc. of goods for use in town institutions. The Joint Penology Commission is given power over the industries. It is composed of the governor of the state, the members of the boards of control, the wardens and the mem- bers of the advisory board in the matter of pardons. The Joint Penology Commission has charge. Placed in the hands of board of trustees. Farm products sold only to state insane asylums, classification not necessary. 48 ORGANIZATION OF THE State. State Penal and Cor- rectional Institutions for Adults. Is State-Use System in Force? Management of Insti- tutions. 11 Missouri State Penitentiary. Legal provision though not in force. Under control of three state officials who ex- officio constitute a Board of Inspectors. 12 Nebraska, State Penitentiary. In part. Under control of Board of Commissioners of State Institutions. 13 New Jersey, New Jersey State Prison. State Reformatory for Men. State Reformatory for Women. In part. Yes. Yes. These institutions are under separate Boards of Managers. 14 New York, Auburn Prison. Clinton Prison. Sing Sing Prison. State Prison for Wo- men. Eastern New York Re- formatory. New York Reformatory for Women. Western House of Re- fuge for Women. New York State Re- formatory. Yes, in all the insti- tutions. The management of the prisons is vested in the superintendent of State Prisons. The management of State reformatories is in the hands of a State Board of Managers. There is a State Prison Commission that has general powers of visitation and inspection of state prisons used for the detention of the sane adults. 15 Ohio Ohio Penitentiary. Ohio State Reforma- tory. In part. Yes. Under control of Ohio Board of Administra- tion which also man- ages other state insti- tutions. 16 Oklahoma, State Penitentiary. Legal provision though not in force. Under management of Board of Prison Con- trol. 17 Tenessee, State Penitentiary. In part. Under control of Board of Prison Commis- sioners. 18 Utah, State Prison. In part. Under management of Board of Corrections. 19 West Virginia State Penitentiary. Legal provision though not in force. Managed by Board of Directors. 20 Wisconsin, State Prison. State Reformatory. No. In part. 1 Both under management of State Board of Control. 49 STATE — USE SYSTEM — Continued. Production and Sale. Classification of Goods. Left entirely to the warden. Left entirely to the warden. Placed in hands of warden acting under the direction of Board of Prison Commissioners. Left to warden and the board. The Prison Labor Commission is charged with the duty of developing and administering the State-Use System for the employment of pris- oners. The Commission is composed of the Commission of Charities and Correction, a member of the board of prison inspectors, a member of the Commission governing the State reformatory and three citizens appointed by the governor. The members serve without com- pensation, but are paid actual expenses. It assigns industries and can compel the pur- chase of goods. Can sell surplus on the mar- ket. This work carried on by Prison Labor Commis- sion. The Superintendent of State Prisons distributes among the institutions under his charge the industries assigned by the State Prison Com- mission to the institutions. Individual super- intendents are required to start the indus- tries but the goods must conform to the styles and designs determined upon by the Board of Classification. A catalogue of goods is is- sued by the Superintendents of State Prisons. The State Board of Managers of the reforma- tories performs this task for the institutions in its charge. There is a Board of Classification composed of the fiscal supervisor of state charities, the state commission of prisons, the superintendent of state prisons, and the lunacy commission. Vested in Ohio Board of Administration. Placed in hands of Board of Administration. Pladed in hands of warden acting under direc- tion of Prison Control. Coal is the only object sold, no classification needed. Managed by Board of Prison Commissioners. Coal and coke are the only products used, and Board has entire charge. Entirely in hands of Board of Corrections. Left to Board of Corrections. Warden under direction of Board of Directors. Warden and Board have entire control. All power in hands of State Board of Control. State Board of Control given full power. 4 ( 50 ) Prison Labor Legislation in Pennsylvania 1676-1914, I. INTRODUCTION. A. Purpose. B. Evolution in Type of Institution and Corresponding In- fluence on Prison Labor. II. PERIOD OF UNRESTRICTED PRISON LABOR. 1676 - 1883 . III. PERIOD OF RESTRICTED PRISON LABOR. 1883 - 1914 . ) . 1 ( 62 ) PRISON LABOR LEGISLATION IN PENNSYLVANIA. I. INTRODUCTION. A. Purpose: The aim of this resume is to represent the results of an investigation of legislation in Pennsylvania relating to prison labor. There is not included any survey of the conditions induced, or affected by the laws, except as those conditions may be reflected in the statutes themselves. The study of the enactments regarding prison labor was made with special attention to the following subjects: (1) Management (who may be employed, where, by whom directed) ; (2) Kind of work; (3) Financing (purchase of raw materials, disposition of pro- ducts) ; (4) Application of profits. B. Evolution in Type of Institution and Corresponding Influence on Prison Labor: In order to appreciate the purpose and effect of legislation dealing with prison labor one should first have a gen- eral conception of the kind of institutions existing at the time, as a marked influence was exerted on prison labor by the changing nature of the institutions. In the evolution of the penal institution in Pennsylvania!, there have been three eras, distinguished by the type of institution, (a) 1676-1818. Gaols or local prisons were the only institutions existing during this time. The buildings were generally small and intended principally for confinement (b) 1818-1871. The Penitentiary was preeminent throughout this period. Both of the state penitentiaries were established at the beginning of the period on the principle of separate and solitary confinement, which has since become known as the “Philadelphia System.” The buildings were constructed so as to provide for every inmate a separate cell to which adjoined an in- dividual, walled yard. With solitary confinement rigidly enforced, the method and kind of labor was practically determined within narrow confines by that principle alone. Power machinery, such as was in use at that time in general industry, was practically impos- sible under such conditions. The factory system was thereby ex- cluded. In 1831 a prison for Philadelphia was established on the same general principle of separate and solitary confinement as had been adopted for the penitentiaries. Prior to this the creation of the House of Refuge of Philadelphia in 1826 showed a purpose to segregate different classes of delin- quents. (c) 1871-1915. Reformatory institutions were provided for in this era. As will be shown later, the House of Correction of Philadelphia, 54 (1871), the Huntingdon Reformatory (1881), the county workhouses (1895), the new Western Penitentiary (1911), and the State In- dustrial Home for Women (1913), because of the way they are planned, permit in the absence of special limitations, a wide di- versity of industries.' II. PERIOD OF UNRESTRICTED PRISON LABOR. 1676 - 1883 . In speaking of this period as one in which there were no positive enactments restricting labor, it must, be borne in mind, as has been indicated in the first division of this article, that the nature of the institution itself might have the same effect as a posi- tive restriction. The Duke of York’s Laws, 1 as first published, provided for "a pair of stockes for offenders” in every town, and prisons and pillorys in those towns where the several courts of sessions were held. These laws were in force in the territory afterwards comprised within the limits of Pennsylvania from 1676 to 1682. In the “laws agreed upon in England” 2 there was a provision that all prisons should be workhouses. This became operative in Penn- sylvania in 1682. And the Great Laws 3 provided that when the penalty of an offence was a fine or imprisonment at hard labor, the magistrate might inflict either, at his option. An Assembly held in Philadelphia in 1683 made it incumbent on every county to build “a sufficient house, at least twenty foot square, for restraint, correction, labor and punishment of all such persons as shall be thereunto com- mitted by law.” 4 Although there were these early authorizations for the establish- ment of labor in the prisons, the laws made no provision for any system whatsoever, nor did they even intimate under what condi- tions or plans the offenders were to be employed. (1) Laws — Established by the Authority of his Majesties Letters patents granted to his Royal Highness James Duke of Yorke and Albany; Bear- ing Date of the 12th Day of March in the Sixteenth year of the Raigne of our Soveraigne Lord Kinge Charles the Second. Hemsted upon Longe Island. ( 2 ) Penna. — Colonial and Provincial Laws (1676-1700) p. 100. Also Chap. 33 of the Petition of Right to Benjamin Fletcher, Captain General and Governour-in-ehief in and over the Province of Pennsylvania and County of New Castle, etc. June 1, 1693. (3) The Great Law or the Body of Laws of the Province of Pennsylvania and territories thereunto belonging, Past at an Assembly held at Ches- ter. alias, Upland, the 7th day of the 10th Month called December, 1682. See Pa. — Colonial and Provincial Laws (1676-1700) p. 121. Also found in Chap. 34 of the Petition of Right to Governor Fletcher p. 202 of the same book. (4) 1st M° March 1683. Abrogated by William and Mary, in the year 1693. Re-enacted the same year. Also found in Chap. 53 of the Petition of Right to Governour Fletcher. See Penna.-Colonial and Provincial Laws. (1676-1700) p. 139. 55 In 1790 there was passed “an act to reform the penal laws. 5a This act was, in comparison with previous laws, very well considered and comprehensive. Some of its provisions are in force today. This law changed the punishment of certain crimes to forfeiture of property and the “addition of unremitted solitude to laborious employment.” 511 The Commissioners of the County of Philadelphia were to cause to be erected cells in the yard of the county gaol in which were to be confined “the most hardened and atrocious offenders 50 who had been sentenced to hard labor. The “residue of the gaol” was to be used for confining the female convicts and all others that could not be accommodated in the cells in the yard. All the inmates were re- quired to be kept separate and apart from each other as much as the convenience 5 * 1 of the building and the nature of the employment would admit. 5e The work was to be carried on under the direction of the keeper of the gaol and the Board of Inspectors. The employment was to be conducted in the gaol and cells, and, if suitable work be found, in the yard. 5f The inmates were to be kept “to labor of the hardest and most servile kind, in which the work is least liable to be spoiled by ignorance, neglect or obstinacy, and where the materials are not easily embezzled or destroyed.” Provision was made for instruc- tion in the labor, when necessary. 52 (sa) Passed 5th April 1790 — Recorded in Law Book No. IV, p. 105. See 2 Sm. 1, 531. This act was continued in force by an act passed 18th of April, 1795 (chap. 1850). By an Act of 4 April 1788 (chap. 2040) so much of the act of 1970 as was continued by the act of 1795, and also the said continuing act were made perpetual. The following extract is instructive: Whereas, by the 39th sec. of the Constitution of this State, it is declared, “That to deter more effectually for the commission of crimes, by continued visible punishment of long duration, and to make sanguinary punishments less necessary, houses ought to be provided for punishing, by hard labour, those who shall be convicted of crimes not capital, wherein the criminal shall be employed for the benefit of the public, or for reparation of injuries done to private persons.” And whereas the laws heretofore made for the purpose of carrying the said provisions of the Constitution into effect have in some degree failed of success, from the exposure of the offenders employed at hard labour to public view, and from the communication with each other not being sufficiently restrained within the places of confinement; and it is hoped ■that the addition of unremitted Solitude to laborious employment, as far as it can be effected, will contribute as much reform as to deter: 2 Sm. L. 531, Sec. 1. (sb) 2 Sm. L. 531, Sec. 2. (5c) 2 Sm. L. 531, Sec. 8. (sd) ibid Sec. 10. (se) ibid. Sec. 13. ( 5f ) Ibid Sec. 19. (sg) Ibid Sec. 13. A part of this section not here quoted was repealed by the act of, 18th of April, 1795, (chap. 1850). 56 The offenders were to be employed every day in the year, except Sundays; the hours of work varied with the season. In November,' December and January they were not to exceed eight hours, in Febru- ary and October, nine hours; and ten hours during the rest of the year. 5h ' * The keeper (with approval of two Inspectors) obtained the ma- terials necessary through the county Treasurer. The products of the labor were sold by the keeper, who obtained thereon, a commis- sion. 51 A separate account was to be kept with every convict Wherein he was to be charged with the expenses of clothing and subsistence, and a proportionate part of the cost of raw materials. He wa.s credited with the amount received by reason of his labor. If his amount was greater than his expenses he received the benefit of one-half the ex- cess. * * * * 5 * Practically the same provisions were applicable to the counties other than Philadelphia. 51 * In the counties the product was to be disposed of, as directed by the county commissioners. 51 An act of 1807 6 penalized commissioners for not furnishing ma- terials upon the requisition of the jailer. So that however well con- ceived the act may have been, this feature does not seem to have been welcomed enthusiastically by the county commissioners. It is to be noted that so far the legislation dealt only with comity or local jails. There were as yet no state penal institutions. The act of 1790 marks the real beginning of prison labor. It seemed to contemplate the public account system. Although it is not to be doubted that there was at this time a desire to reform the offender, the controlling motive perceptible throughout the act seems to have been to punish him in such a way as to deter others from wrong doing, and the kind of employment was determined with this in view. The era of State penal institutions began in 1818 by the establish- ment of the Western Penitentiary, 7 closely followed by that of the Eastern Penitentiary 8 in 1821. Tn both institutions the principle of separate and solitary confinement w r as made mandatory. Refer- ence has already been made to the effect of this provision on prison labor. In the Act of 1826 establishing the House of Refuge of Phila- delphia, the managers were directed to make annual report to the (5h) Ibid Sec. 14. (si) Ibid Sec. 15. (5j) Ibid Sec. 17. (sk) ibid Sec. 28. (si) Ibid Sec. 30. (6) 1807, April 4; 4 Sm. L. 393, Sec. 4. (7) 1818, Mar. 3; 7 Sm. L. 62. Sec. 1. (s) 1821, Mar. 20; 7 Sm. L. 389, Secs. 1, 7. 57 legislature of the disposition made of the children, “by instructing or employing them in the said house of refuge, or by binding them out as apprentices.” 9 In 1850 i0 the same *provisions were enacted for the House of Refuge of Western Pennsylvania. By not making- more specific provisions as to the employment of the inmates, the former act left the consideration of methods to the discretion of the managers, although, as has been shown, it authorized the lease system. By an act of 1829 lla it was provided that “instead of the peniten- tiary punishments heretofore prescribed,” the person convicted of certain crimes should be sentenced to suffer punishment by separate or solitary confinement at labor in the penitentiaries, which had been established. The prisoners “shall be kept singly and separately at labor in the cells of work yards of said prisons.” 1115 The Inspectors of the penitentiaries were authorized to direct the manner in which the raw materials should be purchased, and the arti- cles manufactured and sold. Accounts are to be kept of all expendi- tures and receipts. 110 Here again we have the public account system. A prison for the city and county of Philadelphia, to accommo- date three hundred on the principle of solitary confinement, was pro- vided for in 1831. 12 The same plan for labor was to be followed as had previously been established in the penitentiaries. In 1835 it was made the duty of the Inspectors of the jail thus established, “to make the necessary contracts for the support and employment of the persons confined in said prison, and to direct the manner in which they shall be employed, and the articles manu- factured shall be sold,” 13 This would seem by inference, to author- ize either the contract system or the public account system. The expense of maintaining prisoners in the penitentiaries is charged to the respective counties from which the prisoners are sent, in proportion to the number of convicts received. The act of 1844 14 provides that any excess that may remain after paying the expense of maintenance shall be paid into the State Treasury. Inspectors, sheriffs, and persons in charge of penitentiaries or jails are required to report annually “how the prisoners are classi- fied, their different trades, and occupations, if any, while in such (9) 1826, Mar. 23; P. L. 133, Sec. 7. (io) 1850, April 22; P. L. 538, Sec. 18. (na) 1829. April 23; P. L. 341, Secs. 1, 2. (nb) Ibid Sec. 3 (AA portion of this section omitted was repealed by the acts of 1833, Feb. 27; P. L. 56, Sec. 5. and 1834, April 15, P. L. 473. (nc) ibid Sec. 8. Art. I. Amended by 1913, May 23; P. L. 330, sec. 1. ( 12 ) 1831, Mar. 30; P. L. 228, Secs. 1, 8. (is) 1835, April 14; P. L. 232, Sec. 3. (i4) 1844, May 31; P. L. 582, Sec. 24. (1843, Sept. 29; entitled “an act to provide for the ordinary expenses of government, and for other pur- poses” repealed). 58 penitentiary or jail; whether an opportunity is afforded to the pris- oners for doing overwork, or for receiving in any other manner the profits of their labor.” 15 • This will be seen to give wide discretionary powers to the persons in charge. In 1857 16 and 1858 17 the managers of the houses of refuge in Phila- delphia and Allegheny counties were empowered to indenture the inmates of those institutions to service during minority, after first having obtained the consent of the inmates. In 1869, 18 the congregation of prisoners in the Western Peniten- tiary was allowed for the “purpose of labor, learning and religious services.” This removed a great impediment in the management of the labor, and permitted it to be carried on upon a more extensive scale under the factory system. The Philadelphia House of Correction, established in 1871, 19a marks a great advance in constructive legislation providing for the administration of the labor problem in penal institutions. The per- sons to be confined are limited to certain classes, 1911 but all the in- mates are to be employed by the superintendent. A great diversity of occupations is provided, 190 but the controlling consideration still seems to be that the labor selected shall be profitable to the insti- tution. As shown by the excerpt in the foot-notes, the act seems to authorize the lease system (quaere), the public account system, and the state-use system, except that to make the last effective there was lacking a provision requiring “the other public institutions” to pur- chase of the House of Correction, such goods as it could supply. The prevailing thought until 1881 seemed to be that the prisoners should be made self-supporting, or indeed, a source of profit. The work was selected not with the consideration of better equipping the inmate to support himself after his discharge, but chiefly for (is) 1847, Feb. 27; P. L. 172, Sec. 1. (1872, Apr. 5; P. L. 42, Sec. 1 provides that this report is to be made to the board of public charities instead of the Secretary of the Commonwealth). (16) White inmates — 1857, May 12; P. L. 454, Sec. 1. ( 17 ) Colored inmates — 1858, Apr. 22; P. L. 452, Sec. 1. (is) 1869, Apr. 8; P. L. 18, Sec. 1. (19a) 1871, June 2; P. L. 1301, Sec. 1. (i9b) Under this act,, no adult person can be committed to the house of correc- tion in Philadelphia for a shorter term than three months, and the classes to be confined there are limited to paupers, vagrants, drunk- ards. etc.: Commonwealth v. Stodler, 15 Philadelphia 418 (1882). (i9c) Employment of inmates. Every person in the custody of the said board of managers, not disqualified by sickness or casualty, shall be employed by the superintendent in quarrying stone, cultivating the ground, manufacturing such articles as may be needed for the prison, alms- house, or other public institution of the state or city, or for other per- sons, and at such other labor as shall upon trial, be found to be profit- able to the institution, and suitable to its proper discipline and to the health and capacities of the inmates; and the superintendent may detail such numbers of the inmates as he may regard proper to do the work, outside of grounds of the institution, for any of the departments or institutions of the city, or for such other persons as may be approved by the board of managers. 1871, June 2; P. L. 1301, Sec. 7. the purpose of enabling the institution or the state to reimburse it- self for the expense to which the prisoner had put it. There was in 1847 (note 15 supra) an intimation that inmates might receive pro- fits of their labor, but at no time was there a provision enacted that prisoners should receive any compensation. The desire to reform offenders was first formulated in pronounced terms so that there could be no question as to the purpose, in the act of 1881, 20 establishing the Huntingdon Reformatory. The pur- pose of this institution is expressed in the act of 1887, 21 where also, it is provided that the employment of the inmates is to be such as will “be useful after discharge.” This is the keynote in the establish- ment of institutions after this date. During the period 1676-1883 prison labor developed and expanded. New institutions were established into which the system was in- troduced. The number of offenders employed under the State was also increased by drafting out of the local jails, the long term pris- oners and putting them in the penitentiaries. No laws were passed for the purpose of restricting the employment of prison labor in any way. III. PERIOD OF RESTRICTED PRISON LABOR. 1883 - 1914 . The year 1883 was rather prolific with respect to prison labor, (1) The contract system of labor was abolished 22 in all institutions under control of the state or receiving any appropria- tions from it. It would seem from this fact that the system had be- come widely prevalent. 23 Prisoners in penitentiaries are to be em- ployed “for and in behalf of the state;” those in reformatories, for and in behalf of such institutions; and those in county institutions (prisons, workhouses, and reformatories), for and in behalf of their respective counties. This wrought a radical change in the method ( 20 ) 1881. June 8; P. L. 63; Sec. 1. (si) System of Discipline. As the aim and purposes of the industrial re- formatory is to prevent the young first offenders against the laws of the state from becoming criminals and to subject them while in custody in this reformatory to such remedial, preventative treatment, training and instruction as may make them honest, reputable citizens, the board of managers is authorized and hereby empowered to establish, by rules and regulations governing the superintendent and other officers, such a system and discipline for the inmates as will secure to each instruc- tion in the rudiments of an English education, and in such manual, handicraft, skilled vocations as may be useful to each of the inmates after his discharge from the reformatory, whereby said person will be able to obtain self-supporting employment. The contract system of labor shall not exist in any form whatsoever in said reformatory, but the prisoners shall be employed by the Commonwealth. It shall be the duty of said board of managers to maintain such control over all pris- oners committed to other custody as shall prevent them from oome miitting , best secure their self-support and accomplish their reformation, 1887, April 28; P. L. 63. Sec 11. ( 22 ) 1883. June 13, P. L. 112, Secs. 1, 2, 3. (23) See Pennsylvania Legislative Documents, Vol. Ill, 1878, Doc. No. 21. 60 of employment. (2) Convicts are to receive wages. 24 (3) Convict- made goods are to be branded whether made for the institution or upon (unexpired) contracts. 25 In 1891 the number of hours in a working day in penal institutions was limited to eight. 26 An act of 1895 27 makes it lawful for county commissioners with approval of grand juries to erect workhouses in which the prisoners are to be kept at “useful employment such as may be suited to his or her age and capacity, and such as shall be most profitable to the institution and tend to promote the best interests of the party ” In 1897 28 the use of machines operated by any power other than hand or foot power, was prohibited in penal institutions in the manufacture of goods that are made elsewhere in the state, and the employment of more than thirty-five per centum of the whole num- ber of inmates of any penal institutions was prohibited. An act passed in 1899 29 “authorizing the employment of male pris- oners of the jails and workhouses” of the state, and permitting this employment to be on public highways. The money received “for labor done within such jails or workhouses” shall be credited in the account of the institutions. ( 24 ) ibid Sec. 4. ( 25 ) 1883, June 20; P. L. 125, Secs. 1, 2, 3. ( 26 ) 1891, May 20; P. L. 100, Sec. 1. The eight hour law of 1891, May 20; P. L. 100 applies to Huntingdon Reformatory; Eight Hour Law, 27 Pa. C. C. 672; s. c. 12 D. R. 758, 1903. (27) 1895, June 26; P. L. 377, Secs. 1 and 7. ( 2 s) 1897, June 18; P. L. 170. Secs. 1. 2. 3. The act of June 18, 1897, prohibiting the use of machinery in manu- facturing goods in state reformatories, applies to Huntingdon Reforma- tory, but it may employ machinery operated by steam or electricity in the manufacture of goods or supplies to be used exclusively within the institution; Pennsylvania Industrial Reformatory, 7 D. R. 77; s. c. , sub nom.. Manufacturing Reformatories, 20 Pa. C. C. 423, 1897. (Opin- ion of the attorney-general). (29) 1899, April 28; P. L. 89 (Repealed and supplied by 1907, May 25; P. L. 247.) 61 In the same year (1899) 30 the restricting act of 1897 was amended, seemingly for the purpose of clearing up a small point which was in controversy. An act passed in 1901 31 is interesting because it is one of two laws in which the legislature specifies the exact allowance that is to be made for the labor of a prisoner. When a county prison board per- mitted work to be done on the streets of the borough in which the jail was located, that borough was to pay to the county treasurer thirty-five cents a day. An act of 1913 32 providing that the wages earned by prisoners, who have been committed for non-support shall be payable to cer- tain dependents, allows sixty-five cents a day. It would seem, therefore, that the wage value of prison labor has risen about eighty- five per centum in a dozen years ! Some insight into the effect of the law prohibiting the use of ma- chinery, or that restricting the number of inmates to be employed (or of both) is shown by an act of 1901 33 authorizing the sale by the state reformatories of any machinery that “shall become unservic- able owing to the discontinuance of any manufacture theretofore carried on in said institution.” The act of 1907 relating to jails and workhouses makes it law- ful for prison boards to require able-bodied male prisoners confined under sentence to perform eight hours of manual labor daily, ex- cept Sundays or holidays. The labor to be done is to be classified and established by the prison boards 33a which have authority to compel the (sc) Regulation of employment of inmates of state prisons, etc. From and after the passage of this act no warden, superintendent' or other of- ficer of any state prison, penitentiary, or stage reformatory, having control of the employment of the inmates of said institutions shall employ more than 5 per cent, of the whole number of inmates of said institutions in the manufacture of brooms and brushes and hollow ware, and (i) 10 per cent, in the manufacture of any other kind of goods, wares, articles or things that are manufactured, elsewhere in the state, except mats and matting, in the manufacture of which 20 per cent, of the whole number of inmates may be employed. 1899, April 28; P. L. 122, Sec. 1. The officers of the various county prisons, workhouses and reformatory institutions within the Commonwealth of Pennsylvania shall not employ more than 5 per cent, of the whole number of inmates in said institutions in the manufacture of brooms and brushes and hollow ware and ( 2 ) 10 per cent, in the manufacture of any other kinds of goods, wares, articles or other things that are manufactured elsewhere in the state except mates and matting, in the manfacture of which 20 per cent of the Whole number of inmates may be employed; Provided, This act shall not apply to goods manufactured for the use of the inmates of such institutions. 1899, April 28; P L 122, Sec. 1. ( 31 ) 1901, April 24; P. L. 100, Sec. 1. (Amended and supplied by 1907, May 25, P. L. 247, Sec. 4.) ( 32 ) 1913, June 12, P. L. 502. ( 33 ) 1901, May 2; P. L. 126, Sec. 1. ( 33 a) 1907 M*v 25: P. L. 247. Sec. 2 which repeals and supplies Sec. 2 of the act of 1899, Apr. 28; P. L. 89. m This amends Sec. 1 of the aet of 1897, June 18; P. L. 170 by changing “or” to “and ” (2) This amends Sec. 2 of the act of 1897, June 18; P. L. 170 by changing “or” to “and.” G2 labor to be done on public highways 33b within their respective coun- ties. The boards are required to purchase all materials and tools, which are to be paid for by the county treasurer, upon warrants drawn by the county commissioners. 330 Guards are required while the prisoners are employed outside of the prisons. 33d This act does not affect the method of employment within the prisons. 33e Al- though authorizing labor on highways, the act still operates as a restriction on the kind of work. An act of 1909 34 creates a board of inspectors of the jail or county prison in counties having a population between 150,000 and 250,000, and provides for the appointment of a warden who, instead of the sheriff, shall reside in the building. In 1911 because of congested conditions in the Western Peniten- tiary 35a authority was given for the purchase of a tract in a rural district for a new site for the penitentiary. It was provided that as far as practicable, the work should be performed by the inmates of the institution. 35b In 1913 36 authority was given to purchase live- stock and farming implements. The construction of this new peni- tentiary by its inmates is an example of a modification of the state- use system, known as the public works and ways system. The work on the public highways ( supra V 33b is another illustration. (33b) 1907 May 25; P. L. 247, Sec. 4 — repeals and supplies 1901. April 24; P. L. 100, Sec. 1. wihich amended 1899, April 28; P. L. 89, Sec. 4. Townships and Cities. A number of acts give to townships and cities power to set at work on roads, streets, or elsewhere all able-bodied paupers, or vagrants found within the jurisdiction of townships or cities. Cities are also given a similar power in the case of default of payment of fines imposed for violations of ordinances. As to townships — 1899, April 28; P. L. 104, Sec. 7, cl. V. Amended by 1901, July 9; P. L. 627, Sec. 1. Cities — 1st class 1885, June 1, P. L. 27, Art. X. Sec. 1. 2nd class 1901, Mar. 7; P. L. 20, Art. X. Sec. 1. 3rd class 1889, May 23; P. L. 277, Art. V. Sec. 3, cl. XX. (33c) 1907, May 25; P. L. 247, Sec. 5 — repeals and supplies 1909, April 28; P. L. 89, Sec. 6. (33d) 1907, May 25; P. L. 247, Sec. 6 — repeals and supplies 1903, April 24, P. L. 299, Sec. 7, which amended 1899, April 28, P. L. 89, Sec. 7. (33e) 1907, May 25; P. L. 247, Sec. 8. (34) 1909, April 27; P. L. 262, Sec. 2. Amended to include counties between 150,000 and 325,000 and composition of board changed by 1913, May 21; P. L. 281, Sec. 1. (35a) Whereas, It appears that the Western Penitentiary is greatly over- crowed, as well as otherwise inadequate for the purpose for which it is used, and owing to the construction and location thereof is so un- sanitary that numerous cases of tuberculosis exist among the prisoners confined therein, as the direct result of the imprisonment; that for the lack of a large tract of land appurtenant to the said institution, it is impossible to extend the buildings and prison yards thereof at any reasonable cost; and Whereas, It is desirable that new buildings of modern design be con- structed for the said penitentiary, on a sufficiently large tract of land in a rural district so that the prisoners may be provided with useful em- ployment in tilling the soil, or otherwise 1911. Mar. 20; P. L. 32, Preamble. (35b) ibid Sec. 5. (se) 1913, April 4; P. L. 44. Go Congregation in the Eastern Penitentiary was allowed for the “purposes or worship, labor, learning and recreation” by an act of 1913/' it is rather remarkable that this privilege should not have been granted uncii forty-four years alter a similar right had been given the Western Penitentiary. The same legislature 38 provided for the Penal Commission that is making the report of which this history of the legislation is a part. The legislature of 1913 also provided for the establishment of a State industrial Home for Women, 39 which is to be quite similar, in its purpose to the Huntingdon Reformatory. The industrial re- formatory embodies the most advanced ideas of penology shown in Pennsylvania legislation. The last period (1883-1914) shows an apparent conflict between the desire to protect free labor from the direct competition of prison labor, and the desire to alleviate the present condition of the pris- oner and prepare him for a f more useful life after his discharge. The contract system received its death blow, thus making the ex- ploitation of prison labor less probable. Just as the first period 1676-1883 showed the extension of prison labor, the last period em- phatically shows a series of checks, curbing the free production of goods within prisons and thereby militating against the choice of occupation because of their value to the delinquent as well as to the state. These restrictions have been seen to apply to: — (1) the method of employment (abolition of the contract system) ; (2) the kind of labor in which the prisoners may be employed (prohibition of power machinery) ; and (3) the amount of goods that may be pro- duced (limitation on number of inmates employed). The problem in Industrial Penology in Pennsylvania is to devise a system that, while conserving the interests of free labor, will per- mit adequate methods of employment conducive to the reformation of the prisoner and beneficial to the state. The solution proposed by the Commission is the establishment of the State-Use System of em- ploying prisoners. EFFECT OF UNEMPLOYMENT. A brief scrutiny of the figures relative to the employment of prisoners in Pennsylvania reveals the fact that detention in idle- ness is the fate that awaits the majority of convicted criminals in (37) 1913, July 7; P. L. 708, Sec. 1. (as) 1913, July 25; P. L. 1242. (30) 1913, July 25; P. L. 1311, Secs. 6, 10, 11, 25, 8. 64 Pennsylvania-. Probably no state in the Union has as many idle prisoners as does our own state. The seriousness of this situation can not be over emphasized. From the financial point of view no policy could be more silly than that of supporting in idleness the thousand of prisoners which make up the never-ending stream of humanity that pours through our penal institutions. The combined plants represent an enormous outlay of capital, and the annual maintenance cost alone lays a burden of no mean magnitude on the tax-payers of the State. This policy of idleness has no justification either in theory or in fact. It is partly the result of the attempt to eliminate the competition of prison-made goods, and partly the inevitable outcome of our present system of institution for misdemeanants. But the financial point of view is by no means the deciding fac- tor. If it could be shown, as in the case of the institutions for juvenile delinquents, that the entire time of these unfortunate mem- bers of society was spent in wavs certain to benefit them physically, mentally and morally to the lasting good of society, no one would object to the size of the bill. Unfortunately, no such rosy picture of our institutions can be accepted as true to the facts. Here and there, exceptional wardens or keepers have tried to do this very thing, but they have been frightfully handicapped by the law or by the nature of the institutions under their charge. Great credit must be given them, but they are the type of men who need not praise but help, which the legislature alone can give. What can be said in defense of a system which condemns a man to complete idleness in a cell! No more diabolical punishment could be invented. It is a sentence to gradual dissolution and decay. It means the physical, mental and, in many cases, the moral degenera- tion of the prisoners. After such a condition has been arrived at, is it any wonder that a prisoner returns to crime and becomes a re- cidivist. Instead of profiting by the discipline of work, he loses his desire to work and comes to the conclusion that society must owe him a living, a perfectly natural conclusion in view of his experience as a boarder of the state from whom nothing was expected. But perhaps the greatest danger in this policy of idleness lies in its effect on family life. Many prisoners have been, prior to their conviction, members of a family group the support of which has rested largely or entirely on their shoulders. Compelled to endure months or perhaps years of inactivity, with no chance to contribute through their effort to the economic welfare of their family group, they must resign themselves to the fate which has overtaken it. Private or public charity must come forward and take up the burden or become an unwilling witness of a disheartening struggle on the part of the remaining members to obtain a livelihood. When the 65 state openly ancl with intent breaks the economic bond which unites members of a family group, it has no right to criticise the results of this policy which appear in the various forms of desertion, di- vorce, and laxness in morals. The opportunity to work and the right to the products of his labor ought to be inviolate rights of every prisoner, if not for his sake, then for that of his family and for that, above all, of the state. THE JAIL PROBLEM. The recommendations of the commission with reference to the county jails or prisons may seem on the surface to be of a slightly contradictory nature. On the one hand, the commission has drafted an act providing for the county-use system of employing prisoners, while on the other hand it has drawn up a plan which if adopted, would to a large degree make the county jails and prisons mere de- tention places for witnesses and untried prisoners. Rightly under- stood, however, these two recommendations are in no sense opposing measures but form parts of one consistent plan which the commis- sion has all along had in mind. The commission believes that the county jails or prisons should be replaced by industrial farms located in places easy of access to the surrounding counties and managed entirely by the state. The commission realizes, however, that two or three years must elapse before such farms would be ready to receive inmates; and, wishing to remove all excuse which county authorities might have for not employing their prisoners in the meantime, it has offered as a tem- porary expedient a plan by which all prisoners in jails and county prisons could be employed, if county authorities deemed it advisable. The commission does not believe, however, that any plan short of the adoption of the idea of State industrial farms will solve the problem of employing short term prisoners. The jails of Pennsylvania do not at the present time, as is shown by the table on employment in Part T, come anywhere near em- ploying the percentage of prisoners which the law allows; and a study of the jail situation in other states, where no legal restric- tions are found, confirms the commission in its view that the real cause of unemnloyment in these institutions is to be sought in the nature of the institutions themselves rather than in any laws which seem to offer a barrier to the employment of the inmates. 5 The experience, moreover, of England supports this view which the commission holds. Nameless abuses in the jails of England were exposed by John Howard in the eighteenth century. Later, Elizabeth Fry took up the work of reform; but even she, in spite of her immense influence, felt that reform could only come through centralization of control and a decrease in the number of institu- tions. And this has been the course of reform there. From her time on, there was a steady growth of supervision and control of the cen- tral government which finally terminated in 1878 in the assumption by the state of the entire control of the jails. At once an enormous reduction in the number was made. In the United States, the movement is well under way. New York, has created a state industrial farm to which all tramps and vagrants will henceforth be sent. In Indiana, a state industrial farm for mis- demeanants has been established by law, and to it will be sent all sentenced prisoners having to serve a term of more than thirty days imprisonment. The State of Iowa has signed a contract for the purchase of a site for the new industrial farm for misdemeanants and the coming legislature will be asked to authorize the purchase of four others. The commission is reliably informed that similar movements are on foot in other states, and the time seems propitious for the change in Pennsylvania. The reasons which have influenced men to work for the abandon- ment of jails as places of detention for sentenced prisoners are two in number. In the first place, the county is entirely too small a unit of prison administration. The modern conception of a prison is a place that affords ample opportunity for work and exercise, where trades can be taught and instruction given to those who need it, an institution, in short, which might be termed an industrial school for adults. Reference to the first table printed in this report shows what a large number of jails of Pennsylvania there are having a population under thirty. Some indeed have no inmates; others but three or four. It is, therefore, useless to expect county authorities to establish a modern prison for the detention and reformation of criminals. Nor would it be wise for them to do so. Such institu- tions are costly, and for each county to think of running such a plant would be as foolish a policy as for each school district to have its own high school. One such institution would easily suffice for several counties; and, while it is a crime not to have any for the misdemeanants of the state, it would be perhaps a still greater one to saddle sixty-seven of these — one for each county — upon the backs of the tax-payers. Six would suffice. The second reason for this attempt to replace the jails by state institutions is closely akin to the first. Just as the county is not able, on account of its size, to provide the kind of prison which pub- 67 lie opinion now demands, so also it fails, and will continue to fail, to solve the question of management because a good superintendent is not to be had for the money which the county authorities, having in mind the small number of prisoners in the jail, are willing to offer. No one will deny that the man placed in charge of misde- meanants ought to be a capable and skilled administrator, having a clear understanding of the task before him and a vision of what it is possible to do under the circumstances. Only the most densely inhabited counties can pay the salary necessary to secure a super- intendent of this sort. Moreover, such a man could easily take charge of six or seven hundred prisoners, perhaps even more. As it is, the management of most jails is placed in the hands of the sheriff, an official who is chosen for every other reason than his ability to run a prison. His tenure of office is uncertain, and he makes little or no attempt to develop a policy of reform or advance- ment. In those counties where a keeper is appointed, the situation is little better. Small pay and little opportunity do not attract big men. As a rule, however, the county probably gets a better man than it deserves to have from the point of view, at least, of the compen- sation which it offers. Again, in many counties, there is little pub- lic discussion of prison matters and the management gets in a rut. It is far easier to bring the pressure of public opinion to bear on a few state institutions than it is on sixty-seven local jails or prisons which seem to many so unimportant, however great their possibili- ties for harm may be. The state can secure wide-awake adminis- trators; and once they are placed in charge of such prisons or in- dustrial farms as are called for in the act embodying the main re- commendations of the commission in reference to jails, not only would the great problem of the proper employment of misdemean- ants be solved, but the evils of jail life would be banished once for all. The following extracts concerning county jails have been collected with the intention of presenting the opinion of men who are well qualified to speak of the jail as an institution for the detention of prisoners. As will be seen by reference to the names attached, the best thought of Europe and America on the jail problem is here re- presented. The quotations indicate most clearly and convincingly that the jail problem is not the problem of any one state but of practically all, and that sane reform is to be sought in the abandon- ment of the jails as places for the detention of sentenced prisoners and in the creation of state industrial farms to take their place. EXTRACTS. “REPORT OF THE INDIANA PENAL FARM COMMISSION. “Indianapolis, Ind., Jan. 10, 1913. “To the Sixty-eighth General Assembly, State of Indiana: “Gentlemen — The penal farm commission appointed under au- thority of concurrent resolution No. 4 of the legislature of 1911, presents herewith its report and recommendations. “The resolution referred to is as follows: “WHERAS, The prisoners sentenced to county jails in this State are usually maintained in idleness at the expense of the taxpayers, and “WHEREAS, The treatment of short-sentenced prisoners in this county is believed a fruitful source of supply for our State Prison; therefor, be it “Resolved, That the Lieutenant-Governor appoint two hold-over senators and the Speaker of the House appoint two members of the House, who together shall constitute a commission to investigate these questions and the desirability of the establishment of a State penal farm, or other State institution for the treatment and em- ployment of such prisoners, and report at the next session of the General Assembly any recommendations which they may be able to make as to the solution of this problem. “In compliance with this resolution, Senators J. J. Netterville and W. S. Commons and Representatives Mord Carter and Edwin Corr were appointed by the Lieutenant-Governor and the Speaker of the House respectively. Later W. S. Commons, who resigned, was suc- ceeded by Senator John A. Hibberd. “The commission has studied the system under which the county jails of Indiana operate and the conditions surrounding the pris- oners, and it has sought expert advice as to more advanced methods of dealing with petty crime. One of its members visited the penal farms at Guelph, Ontario, and Cleveland, Ohio, and attended the twenty-first session of the Indiana State Conference of Charities and Corrections at Logansport; two others attended the annual meeting of the American Prison Association at Baltimore, Maryland, and afterward visited the District of Columbia workhouse farm at Oc- coquan, Virginia. Several meetings have been held in Indianapolis, to which came by invitation State officials, representatives of various benevolent and commercial organizations and other interested citi- zens. 69 “Under the State’s penal system, men found guilty of felony are sent to the State Prison or the Reformatory, unless released on pro- bation or under suspended sentence. There, if they need it, they are given the rudiments of an education ; they have opportunity to work at a trade; they are built up physically, mentally and morally; everything that the institutions can do to make them better citi- zens is done. In the course of time, under certain restrictions, they may be released on parole. Employment is found for them before they leave, and they are visited afterward until the State is reason- ably sure they will thereafter be law-abiding. The State has found this the wise and economical thing to do, for it is a matter of record that but a small proportion of the men paroled are again found behind prison bars. “On the other hand, if the offense committed is what the law desig- nates a misdemeanor, the offender is locked up in a county jail. As a law-breaker, he is no less a menace to society than the felon ; in the majority of cases he is equally in need of reformatory treatment and equally capable of profiting by it ; he is as much a state prisoner as the felon and should be under state control. Under our present system, however, he is committed to the custody of county officials and the records show that approximately fifteen thousand sentences, including laid-out fines, are served annually in the county jails. “Much has been said and written in condemnation of county jails. Two years ago when the International Prison Congress met in Wash- ington it made a tour of a considerable portion of this country, visit- ing courts and penal institutions. It was the general verdict, after conditions were observed, that in the matter of State penal and re- formatory institutions the United States led the way, but that our jails and minor prisons were a reproach in the eyes of the world. There are jails in Indiana which are clean, sanitary and well man- aged, but they are the exception rather than the rule. In most of them the conditions are so unsanitary as to undermine the strength of any one confined for even a short time. Ordinarily the prisoners remain day after day in absolute idleness, mingling indiscriminately together. Even where the plan of construction permits it, little at- tempt is made to keep the younger inmates apart from those more experienced in vicious and criminal ways. No one who has studied the situation doubts that these institutions have been rightly named ‘training schools of crime,’ ‘cess pools of moral contagion,’ ‘the dis- grace of modern civilization.’ “The history of Indiana jails convinces us that it is futile to ex- pect any imnrovement in them, other than in physical condition, unless there is brought about a radical change in the system under which they onerate. They are designed originally as places of tem- porary detention. That is the only purpose for which they should be 70 used. Convicted law-breakers should be taken charge of by the State, unless the sentence be a very short one. The constitution of Indiana declares that the penal code shall be founded on principles of reformation, and what the State is doing in this direction for its felons is most commendable. It is imperative that something of a like nature shall be done for misdemeanants if criminals are not to be manufactured more rapidly than the State can hope to re- form them. “In marked contrast with county jails there are what are known as penal farms, many of which are in successful operation. They are common in Europe. Perhaps the best known is that established by the government of Switzerland on a 2,000-acre tract of land near Witzwil. It has been in operation since 1895 and is not only self- supporting but turns varying sums into the government treasury every year. There are from 200 to 250 prisoners. The main indus- try is that of farming, but a number of industries are carried on which help the prisoners afterward to maintain themselves. Witz- wil teaches an impressive lesson in its proof that dissolute and un- trained prisoners may be made industrious and self-supporting in an open air prison colony.’ “As previously mentioned, members of this commission have visited three penal farms in this country. One of these is located on 800 acres of land, one and one-half miles from the city of Guelph, Ontario. It has good rich soil, unlimited gravel beds and building and limestone. There are 400 prisoners. They are now living in cheap frame structures w T hile working on the permanent buildings. They wear no uniforms and have no armed guards. Out of 2,800 commitments to the farm, there have been but 21 escapes and a very few are ever recommitted. They are operating a stone quarry, a stone crushing plant and lime kilns and they are doing all the w T ork of construction on the new buildings with the assistance of a few skilled workmen. “The Cleveland (Ohio) farm consists of 2,000 acres, divided into four estates, containing approximately 500 acres each. On one of these is the correctional department. The buildings are chiefly con- crete, with tile roof, furnished throughout substantially but very plainly, with every modern convenience. With the assistance and supervision of a few expert mechanics and foremen, all the work in the construction of these buildings was performed by the prisoners. Last year they cultivated 600 acres of land and produced $24,000 worth of farm products. The daily average attendance was 428. “There are 1,150 acres of land in the District of Columbia Work- house Farm at Occoquan, Virginia. A small beginning was made three years a£ro by building some bungalows in the woods with the labor of prisoners and from that time until now great progress has been made in surveying and improving the land, establishing a water 71 \ system and a sewerage plant, erecting buildings, etc. They have a stone crushing plant, brick plant, and saw mill, a farm and garden, an orchard, dairy and poultry yard. There was a daily average of 534 prisoners on the farm, during the year ending June 30, 1912. The buildings are inexpensive, one-story frame structure of the dormi- tory type, with outer windows opening directly to sun and air. “In all these institutions the inmates live under healthful, whole- some conditions. They are under good discipline, and they are com- pelled to keep clean and to do an honest day's work. Their food is ample, their clothing good. They work willingly, apparently enjoy- ing the freedom and exercise of the open-air employment. It has been demonstrated that it is unnecessary to guard with guns. In fact, the prisoners have been made to feel that the management is trying to better their condition, and a good spirit of helpfulness pre- vails. Those who are in charge are enthusiastic over their work. They feel that the farms are infinitely better than the prison walls, that the outdoor labor is rational and effective in cases of vice and that it tends to develop normal physical, mental and moral condi- tions. “Having investigated the jail system in Indiana and the system of outdoor employment in operation elsewhere, we are convinced that there can be no difference of opinion as to which is the better plan for both the prisoner and the taxpayer. Therefore, we recom- mend that this General Assembly enact legislation looking to the establishment of a penal farm for short-term prisoners who under the present laws are confined in jails and workhouses. “We believe that such an institution can be established and main- tained without great expense. The work of construction can be done by prisoners and the initial cost need not be more than that of three of four ordinary jails such as several counties will have to build if a State farm is not established. All the maintenance expense should be borne by the State, the counties paying the transportation. The counties will profit through being relieved of the cost of prisoners’ board, which at forty cents a day for any length of time is greater than would be the transportation from even the remote parts of the State. They will be benefited also by the reduction in numbers which will inevitably follow a change in system. The benefit to the State will come later. From what has been learned from some cir- cuit judges we are led to believe that certain classes of law-breakers whom they now commit to the 'State Prison and the reformatory would be sent to a penal farm if we had one. And both the insti- tutions named could be relieved of selected classes of prisoners who might be transferred to the new institution where the maintenance expense would be less. Such an institution will assist in relieving the State of the odium of the contract labor system in State prisons. 72 We believe also that with a penal farm will come a reduction in State Prison and Reformatory commitments from that class which the present jail system is surely training in criminal ways. This has been demonstrated as a result of the State taking over the minor prisons in Great Britain and Ireland, as well as in the correctional department of our own Woman’s Prison. “But aside from the benefit to the State, we believe that a penal farm is a progressive and humane step in the treatment of prison- ers; it reflects the changed attitude of society toward its erring mem- bers; it is the best method of relieving the State from the disgrace of the present county jail system of confining prisoners indefinitely in idleness at the expense of the taxpayers. In any law which is passed provision should be made for the payment of a sum not less than forty cents a day to the family of a prisoner, if the family is entirely dependent upon him for support.” THE ENDLESS JAIL PROBLEM. * ISABEL C. BARROWS. The Survey, Vol. 26, 1911, p. 157. “By way of conclusion here is the substance of what one of our German guests who attended the International Prison Congress, says of our county jails: — ‘In the county jails of the United States are uncounted thousands who sit in idleness, wasting their time in brooding over their condi- tion as they sit and smoke. Any good in them is swamped by the evil conditions of the jails. These jails are not arranged with individual cells. No, they are in blocks where ten to twenty may mingle. And worse yet. Over and over we saw places where the prisoners who had been together all day were locked up two in a cell at night. That is contrary to decency and morality. If each convict cannot have night quarters to himself then at least there should be three in a cell, for obvious reasons. And even that was not the worst. I my- self saw in one jail a murderer whose guilt was certain, locked up with a man accused of forgery, but whose guilt had not been proven. What a perspective it opens, if one thinks of it, that the State should allow a young man who has taken his first wrong step to be the room- mate and companion of a murderer ! Respect for humanity should make it possible for the bolt to be drawn before the cell of each prisoner, so that no one should be compelled to kill time by smok- ing and gossiping in jail corridors. Of what use are preventive measures and the best reformatories if detention before trial and short sentences entail injury that can never be made good?” 73 Summary of a Report of a Committee of the American Prison As- sociation to Investigate the County Jails of the Nation. THE CLANK OF MEDIAEVALISM IN OUR COUNTY JAILS. Charities 19: pp. 1751-60. Mr. 21, ’08. p. 1757. “It is a strong temptation to specify particular cities where nameless abuses exist; where vile men find their way to the door behind which prostitutes stand; where little children are kept in rooms with polluted and diseased adults; where a thoughtless lad is thrust by the hand of our country's law in the school of vice and crime, taught by trained scoundrels; where a girl for venial fault is shut up to her damnation for a night with some strumpet; where a poor insane victim of brain disorder howls all night in company with ruffians; where an honest fellow, unable to pay a fine for a spree, is locked in with burglars and thieves. These are not pictures from novels; they are bald prosaic facts set down by honest eye-witnesses in answer to printed questions.” SOME EUROPEAN COMMENTS ON THE AMERICAN PRISON SYSTEM. Ugo Conti and Adolph Prins. Journal of American Institute of Criminal Law and Criminology. July 1911. Vol. II— No. 2; pp. 199-215. p. 208. “The jails (for short sentences and accused persons await- ing trial) are defective, as we have above explained. In particular, there is lacking an organic system of institutions for protection of the community against dangerous characters, habitual delinquents and incorrigible tramps and rascals.” p. 201. “We also visited at Mansfield, a county jail. It had three stories of small dark cells, with from one to three persons in each! In this respect it was plain that offenders sentenced for less than a year, and still worse, accused persons awaiting trial in America are less fortunate than offenders sentenced for long terms. There are county jails where men and women are kept together and chil- dren are reprehensibly left to mingle with adult offenders. And these jails, furthermore, even apart from their crude conditions, do not satisfy our idea of the proper method for a brief deterrent deten- tion, much less for detention pending trial. Of course, it is not to be expected that all the penal establishments could be model institu- tions, nor that a perfect disciplinary system could be found every- where. But the contrast here was certainly depressing.” 74 THE JAIL. BY SARAH N. CLEGHORN. Scribner’s July 1913, Vol. 54, p. 87. “Is this a clinic, then, for ailing souls ? A shop for damaged Manhood’s skilled repair? Life-saving station on the shores of time To save Time’s shipwrecked sailors from despair? “Or is it but a refuse-heap, that breeds Filth and disease to threaten all mankind ? A furnace for the shreds of self-respect? A slaughter-house for wounded souls and blind?” THE CELL: A PROBLEM OF PRISON SCIENCE. CHARLES RICHMOND HENDERSON. Journal of American Institute of Criminal Law and Criminology. May 1911. Vol. II— No. 1; pp. 56-67. Pp. 57-58. “The picture drawn by Krohne of the primitive prisons applies with much force especially to our jails and lockups: — ‘Gentle simple people from the country and low characters who have passed through all the dirt and filth of a great city present a picture of degradation. There is contempt for the feeble direction of the establishment, unclean wit, obscenity and communication of plans of former crimes or of new ones, deception and trickery used to blind the police and the judge. The life in many a jail is not al- together monotonous. Each new-comer brings fresh news and ma- terial for conversation.’ ” AN ENGLISH VIEW OF THE AMERICAN PENAL SYSTEM. SIR EVELYN RUGGLES-BRISE. Journal of American Institute of Criminal Law and Criminology. September 1911. Vol. II— No. 3; pp. 356-369. Pp. 365-366. “In these gaols it is hardly too much to say that many of the features linger which called forth the wrath and in- dignation of the great Howard at the end of the eighteenth century. Promiscuity, unsanitary conditions, absence of supervision, idleness 75 and corruption — these remain the features in many places. Even the ‘fee’ system is still in vogue. The gaolers are still paid by fees for the support of prisoners, and commitments to gaol are common when some other disposition of the case would have been imposed had not the commitment yielded a fee to the sheriff, who is usually in charge of the gaol. In many gaols there are not facilities for medical examination on reception, for ventilation, for exercise, or for bathing. In one gaol I conversed with a man who had been twelve months awaiting trial, at all time in association with ordi- nary convicted prisoners. In another I came across a man held on the charge of murder who was obviously insane and subject to violent fits. He was kept in the corridor of the gaol, in the sight of all the prisoners, and as the fits recurred was strapped down to a bed in the corridor until he recovered. The foreign delegates were amazed at this startling inconsistency between the management of the common gaols and that of the state prisons and state reforma- tories. The evils to which I refer are well known and deplored by that body of earnest and devoted men and women in all sections of American society with whose lofty ideals on the subject of prison reform and generous aspirations for the humane treatment of the prisoner, the Washington Congress made us every day familiar, but they seem helpless and almost hopeless. The political forces and interests which favor the retention of the system cannot for the pre- sent be overcome. I was appealed to by leading men in more than one state, as British representative, to publicly condemn the system, and this I did, at a risk of giving considerable offense. Until the abuses of the gaol system are removed it is impossible for America to have assigned to her by general consent a place in the vanguard of progress in the domain of ‘la science penitentiaire’.” THE ABOLITION OF THE COUNTY JAIL. FREDERICK HOWARD WINES. Conference of Charities and Corrections. Boston, 1911. pp. 52-56. “But in plain Anglo-Saxon, the truth is, that wherever there ex- ists local graft and political dishonesty, the county prison is its center and its stronghold. The sheriff or the jailor makes a personal profit from crime by charging a per diem for board for prisoners, and by the receipt of fees for locking and unlocking the jail doors. That profit is a live wire; no local politician, possibly no member of the legislature, or even of the state administration, dares monkey with it. We have addressed our arguments (and remonstrances) to tlie county authorities, of whom there are in round numbers, twenty-five hundred sets, instead of to the legislative bodies, of which there are less than fifty. We have pleaded for new jails, better jails, when we should have insisted upon their replacement by pris- ons owned and controlled by the state, thus emancipating them from local political control, with its petty and selfish interests. “The only hope of enlightened progress in dealing with the pro- blem of crime in America is the overthrow of the county jail system. To this end we must direct our energies. With the state once in command, there can be no question but it will find a way to right the wrong and remedy the evils which inhere in the present organization and management of minor prisons. The state has a wider out- look, and a deeper sense of responsibility; it is less directly in- fluenced by purely local considerations, and it possesses the power which the county lacks. Five years from now, we shall meet our Eureopean friends in London to renew this great debate. Mean- while, they point to us with polite scorne, and tell us that, until we change our method of treatment of misdemeanants, we have no right to arrogate to ourselves the position of leaders in the great work of prison reform. One of my secret griefs is the shame I feel, that my country has so long tolerated, and continues to tolerate, a wrong which disgraces it in the eyes of the world, and which, unless it is redressed, must sooner or later bring down upon it the vengeance of Almighty God.” Report on the Conditions of the County Prisons of Pennsylvania by the Acting Committee of the Pennsylvania Prison Society. Oc- tober 1914. ENORMOUS COST. “Accurate statistics of the cost of maintaining our county jails are unattainable. After rummaging through the records in sheriff's office, in the office of the County Clerk, and of the County Commis- sioners, the Secretary ascertained an approximately correct esti- mate of the cost of maintenance. Quite often the expenses for light, fuel, gas, etc., are so blended with the same expenditures for the Court House or other county offices that a definite determination of the cost is impossible. The estimate of the Secretary is that the cost of supporting our county jails in 1913 was approximately $1,000,000. The Board of State Charities estimated this cost in 1912 to be $1,- 009,000, hence the estimate of the Secretary is not exaggerated. It represents the net cost of maintenance, all receipts from articles sold being deducted. This enormous expense entailed on the tax- payers of the Commonwealth and one which annually increases, should receive careful consideration. If a half dozen Industrial Farms could be established, the Secretary fully believes that after one year of operation one-half of the expense of maintaining the prisons could be saved, more than necessary to purchase and equip the farms. With each succeeding year the net cost of maintenance could be diminished, and the time may come when the judicious man- agement these prisons could be made self-supporting. In fact, to that end our efforts should be directed. Tt is not only the waste of this enormous amount of money, applied often to the making of criminals, that we need to deplore, but also the tremendous waste of human effort directly resulting from our methods of dealing with those who have gone astray.” “The Secretary does not unite with those who condemn in a whole- sale manner the management of our County Prisons. They are often managed as well as conditions will admit, and those in charge fre- quently realize the deficiencies of these institutions. Very many of- ficals have assented to the proposition that the Union of several counties in the establishment of a penal institution on some farm would help to solve the problem. “But the conditions now obtaining at the county prisons, for which we, the people, are responsible, are greatly to be deplored. These conditions are utterly unworthy of the enlightened ideals of the twentieth century. “This great Commonwealth will doubtless in the near future effect such changes in our penal methods as will tend to diminish the economic waste of time and expenditure, and Avill give these wards of ours, for whom society must assume large responsibility, the op- portunities for reformation which is our ultimate aim, and thus in good measure arrest the growth of criminality, which, under our present system, meets with so much to encourage its development.” IOWA’S NEW CUSTODIAL FARM SYSTEM STARTING. THE DELINQUENT. December, 1914. Yol 4, No. 12, p. 7. V “A contract to buy 800 acres located in Polk county has been signed by the State of Iowa, says the Des Moines Register and Leader. The land will be used for the largest of the five custodial farms' authorized by the last legislature to care for the first and short term prisoners of the State. “The tract lies along the north side of Fonda branch of the Rock Island railroad, and it is about a mile west of Clive station. The state will pay an even $200 an acre for the land, and it will take ex- actly 728 acres. The purchase price thus is $156,400. Buildings es- 7b timated to be worth $60,000 become the property of the State by the transfer. “The law under which the purchase was made provides for but one farm of the sort, and it is to be used for the incarceration of jail prisoners, Attorney General Cosson says. “The coming legislature will be asked to authorize the purchase of four custodial farms, one in each corner of the State. When this system is working the attorney general would, so far as possible, abolish the jails, make the minimum sentence for a misdemeanor thirty days, and send offenders to the custodial farms to work out their sentences. “The board of control needs only authorization by the legislature to install State prisoners on the tract, build a brick plant there, and manufacture enough brick to supply all the State’s official wants. The land purchased contains a heavy deposit of shale which experts have declared is excellent for brick-making purposes. It is con- sidered likely that a brick plant will be established first — probably next spring, and that the rest of the buildings will come some time later. It is not likely that the legislature will be asked to authorize the use of prisoners in making brick there during the coming sum- mer. “When the custodial farm is in complete operation it will be able to care for several hundred prisoners, providing outdoor work for them and clean, healthful living quarters. It is the State’s plan to farm the tract, just as any other land is farmed, using the prisoners committed to its warden to do the farm work. “The establishment of the custodial farm system undoubtedly will mean the abolishment of jails quite generally in Iowa. It is con- sidered altogether probable that as soon as the Polk county farm is in smooth running order Des Moines will be glad to abandon its present jail except for holding prisoners until the next session of police court, utilize the custodial farm for serving of sentences and go over to the thirty-day minimum system advocated by the attorney general.” PRISONERS’ WAGES— STATE INSTITUTIONS. In compiling the table on prisoners’ wages, three sources of in- formation were used. The most important source and the one sup- plying the most of the details was Senate Document, No. 494, 63d Congress, 2d Session, containing the federal and state laws relating to convict labor. A questionaire was also sent to the prison author- ities in the different states and in most cases an answer was re- 79 ceived with the desired information. In addition a number of re- ports published by state boards of control, state boards of correc- tions and charities, wardens of penitentiaries, and other prison of- ficials were secured. In case of any disagreement of these three sources on points in the table, note of the disagreement has been made. All the states and four possessions of the United States — Alaska, Hawaii, Philippine Islands, and Porto Pico — were investigated. Of this number, thirty-four states and one possession, Porto Rico, were found to provide some sort of compensation for prisoners in insti- tutions under state control. Several cases w^ere found where the law provides for the payment of w r ages, but according to letters from prison authorities of those states the law is not enforced. The laws given in the table for Kentucky and Texas have been declared unconstitutional by the courts. Wherever the law and the actual practice in the states are not the same at the present time, atten- tion has been called to the fact in the notes attached to the table. In what Institutions Paid or for what Work: In seven of the states, wages are paid only for overwork or for work accom- plished in addition to the regular daily task. In three states and Porto Rico wages are paid only to prisoners engaged in work on the public roads. In one state, only prisoners working on public account are paid wages, and in another only those working in the manufacturing department. Missouri pays prisoners both for their regular daily task and for overwork. The sum paid the pris- oners in Vermont is not really a wage as it is only paid as a reward for especially good work. In New Mexico, only prisoners with families dependent on them for support receive any compensation. In most of those states where provision is made for the payment of wages to prisoners, the wages are paid both in the penitentiary and in the reformatory where one exists. In California, and in Washington with the exception of road work, as nearly as could be determined from the law, wages are paid only in the reformatories. By Whom the Wage System is Administered: The payment of wages to prisoners is left entirely in the hands of the boards controlling the penal institutions in fifteen of the states. These boards are given different names in different states. Some of them control only one institution while other control all the penal institutions of that particular state. In Colorado, Illinois, New York, North Dakota, and Oregon, the wardens or superintendents of the penitentiaries determine what wages shall be paid. In Kansas, Michigan, Minnesota, Nebraska, Nevada, Pennsylvania, South Dakota, and Virginia the wardens or superintendents and the boards 80 of control act together on the question. In Florida, the lessee of the prisoners has final authority. In Idaho, the State Highway com- mission is required to decide on the wages, as only those prisoners receive wages who are employed on the state highway. In Missouri, where the prisoners are paid both for their regular task and for overwork, the contractor fixes the * compensation for overwork, the officers of the penitentiary for the regular task. In New Hamp- shire, the governor and council determine the wage. In the case of Porto Rico, West Virginia, Connecticut, and Wyoming it was im- possible with the available material to find who determined the wages to be paid to prisoners. Amount of Wages: In most states the amount of wages to be paid the prisoners is left to the discretion of some controlling board. For this reason it is difficult to find the exact amount paid. There seems to be very little uniformity in the wage-scale of the different states. In Idaho, Missouri, Nevada, New Mexico, Oregon, Porto Rico, and Texas, the amount to be paid is fixed by law. The Idaho prisoner is paid fifty cents for every day that he is employed on the state high- ways. In Missouri the prisoner is allowed five per cent of his daily earnings. The law provides that ten cents per day shall be paid in Nevada, but at the present time the prisoners receive twenty-five cents per day. In the construction of a road recently in Washoe County, Nevada, arrangements were made with the county officials to pay the prisoners an additional seventy-five cents per day, making the total daily wage of each prisoner one dollar. In New Mexico the law provides that the net earnings of the prisoner shall be turned over to his family if it is necessary for their support. The state of Oregon makes the payment on a basis of merit and fifty cents is paid for each merit mark received by the prisoner. The Porto Rico law fixes the wage at five cents per day, and the Texas law at ten cents per day with ten cents per hour for all overtime. The wage is left to the discretion of the board of control of penal institutions in Alabama, California, Iowa, Minnesota, New Hamp- shire, New Jersey, Ohio, Oklahoma, Pennsylvania, South Dakota, Vermont, Virginia, and Wisconsin. The wages paid in Minnesota at the present time are nine to fifteen cents per day and in a few cases forty to fifty cents; in South Dakota, five to twenty-five cents per day. The prisoners are divided into three classes in Ohio, class one receiving one cent per hour; class two, two cents; and class three, three cents. Other states fix by law a certain maximum for prisoners’ wages; or a maximum and minimum, and leave the determining of the wages of the individual prisoner to the board of control. This is the case SI in Colorado, Illinois, Kansas, Kentucky, Michigan, Nebraska, New York, North Dakota, Khode Island, Utah, and Washington. In Colorado, Illinois, Michigan, and New York the maximum is ten per cent of the earnings of the institution. The wages paid in Kan- sas and North Dakota are between ten and twenty-five cents per day. In still other states the prisoner is given a certain per cent of his earnings as a maximum, varying from ten per cent in Rhode Island to thirty-three and one third per cent in Nebraska. Utah has a different rate for married and unmarried prisoners, and mar- ried men receiving twenty-five per cent of their earnings as a max- imum and the unmarried men only ten per cent. The sum paid to the prisoners in Connecticut is a bonus for extra work and is fixed on this basis. In Florida, the prisoner bargains directly with the lessee of his labor for compensation for overwork, so that the rate might be different for each prisoner. From what Source Derived: In the case of California, Nevada, New Jersey, North Dakota, Oklahoma, Oregon, Porto Rico, Rhode Island, Virginia, West Virginia, and Wyoming, it was impossible to find from the materials available from what source the earnings of the prisoners were derived. In the states of Colorado, Illinois, Michigan, New York, Ohio, and Texas, the wages are drawn from the earnings of the institution. In Iowa, Kentucky, Missouri, Nebraska, New Mex- ico, South Dakota, Utah, Washington, and Alabama, the wages are paid from the fund the convict actually earns for the state. In Idaho, where the only work engaged in is road work, the wages are paid from the state highway fund. In Florida where the lease sys- tem prevails, the lessee is required to pay the wages. For overwork on contract in Missouri, the contractor pays the wages. The wages are paid from the general funds of the institution in Kansas, New Hampshire, Pennsylvania, Texas (overtime), and Vermont. When the prisoner is employed on state account in Minnesota and Wis- consin, he too, receives his wages from the general funds of the in- stitution ; if he is employed under the contract system, the wages are paid by the contractor. By what Determined: The tendency seems to be to base the amount of wages paid on the character of the prisoner, his conduct and atti- tude toward his work. In Colorado, Connecticut, Illinois, Kentucky, Minnesota, Missouri, Nebraska, New York, North Dakota, Ohio, Oregon, Porto Rico, South Dakota, Texas, Utah, Washington, and Wisconsin, the authorities take into consideration the conduct of the prisoners and his general deportment in fixing the amount of wages he is to receive. In Colorado, Illinois, Kansas, Missouri, New York, 6 North Dakota, Texas, Vermont, and Wisconsin the value of the work done is also considered. The nature of the crime for which the pris- oner has been convicted is one of the factors entering into the determ- ining of the amount of wages to be paid in Kentucky, Nebraska, Ohio, South Dakota, and Washington. In New Mexico and South Dakota, the financial condition of the prisoner’s family is taken into considera- tion. In Pennsylvania, Idaho, and Iowa, there are no individual dif- ferences. The wage differs for married and unmarried prisoners in Utah, the married prisoners receiving a larger percentage of their net earnings than the unmarried prisoners. The wages paid in Ver- mont are merely a reward for especially good work. In Florida, Michigan, Oklahoma, Virginia, West Virginia, Wyoming, and Ala- bama, wages are allowed only for work accomplished in addition to regular daily tasks. In these states the amount paid is determined by the amount of overwork done. The laws of California, New Hampshire, New Jersey, and Rhode Island, that are available, do not specify what determines the wages of prisoners. In Nevada, the amount paid is fixed by the state law. To whom paid: In the majority of states, provision is made by law for the payment of the earnnigs either to the prisoner or to his depend- ents if he has any. Such is the case in Colorado, Connecticut, Idaho, Illinois, Iowa, Kansas, Kentucky, Minnesota, Missouri, Nebraska, Nevada, New Hampshire, New Jersey, New York, North Dakota, Ohio, Pennsylvania, Rhode Island, South Dakota, Texas, Utah, Virginia, Washington, West Virginia, and Wisconsin. In all these states, the prison boards or the wardens have control over the disbursements, whether to dependents or for the prisoner’s own use. In California, Florida, Michigan,. Oklahoma, Oregon, Porto Rico, Vermont, and Wy- oming, the law seems to provide only for the payment of the earnings directly to the prisoner himself. In New Mexico, all the earnings are sent to the family of the prisoner if they are dependent on him for support. If a prisoner has no dependents, no wages are credited to him. Several states require that a certain minimum shall be allowed to accumulate to be paid to the prisoner at the time he is released from prison. This minimum is twenty-five per cent in Kentucky and Washington, ten per cent in Ohio, fifteen dollars in Missouri and fifty dollars in North Dakota. In Illinois, Kansas, Missouri, New York, South Dakota, Virginia, and Wisconsin, the prisoners are al- lowed to use a portion of their earnings for the purchase of books, instruments, and small necessities as approved by the warden or board of control. The law passed in April 1914 in New Jersey pro- 83 vides that part of the earnings due a prisoner shall be used to pay for the cost of his trial. In all the states, with the exception of Nebraska, the entire amount credited to a prisoner is paid to him at the time of his discharge. In Nebraska, in case a prisoner has no dependents, his earnings are invested for him and paid to him, one third on discharge, one third in three months, and one third in six months. When, a prisoner is released on parole in Colorado Illinois, and New York, he is allowed to draw on the fund due him for such sums and at such times as the warden or board of control may approve. Ohio provides for the payment of half of the accumu- lated earnings when the prisoner is paroled and the other half when he receives his absolute discharge, but if he can show that for some good reason he is unable to support himself during his parole, the entire amount may be paid to him. 84 PRISONERS’ WAGES— State. By what Institution Paid or for what Work ? By Whom the Wage System is Adminis- tered? Amount of Wages? 1 Alabama. State Penitentiary. State Reformatory. In prison camps, for over-work only. Board of Inspectors. 2 California. State Reformatory. Board of Prison Di- rectors. Proportion of earnings above cost of main- tenance. 3 Colorado, (1). State Penitentiary. State Reformatory. Wardens of State Pen- itentiary and State Reformatory. Total amount allowed to convicts not to ex- ceed 10 per cent of earnings of institu- tions. 4 Connecticut. Bonus for extra work. 5 Florida. State Penitentiary. Lessee of prisoner. Rasis agreed upon by prisoners and lessee. 6 Idaho. State Penitentiary, for road work only. State Highway Com- mission. 50 cents per day for actual time employed on state highways. 7 Illinois. State Penitentiary. Southern Illinois Peni- tentiary. Illinois State Reforma- tory. Wardens of Peniten- tiary. Superintendent of Reformatory. Total amount allowed to convicts not to ex- ceed 10 per cent of earnings of institu- tions. 8 Iowa, (2). State Penitentiary. State Reformatory. For road work only. Board of Control. Portion of earnings above cost of main- tenance. 9 Kansas. State Penitentiary. State Reformatory. Superintendent or Board of Directors. 10 to 25 cents per day. (1) This is the law, luit in reply to ouestionaire, secretary of Colorado Prison Association de- clares prisoners are not paid in either state or county institutions. (2) Letter from F. S. Treat, Secretary of Iowa Roard of Control of State Institutions, does not mention compensation of prisoners for work on roads. 85 STATE INSTITUTIONS. From what Source Derived? By what Determined? To Whom Paid? Earnings of convicts. Amount of work accomplished over regular daily task. Disposed of as Board of Inspectors provide by rule. Prisoners. Earnings of institu- tion. Pecuniary value of work performed, willingness, industry, and good conduct of prisoner. In case con- vict forfeits good time for mis- conduct, not more than 50 cents for each day of good time for- feited may be deducted from com- pensation. Fines deducted from amount standing to credit of prisoner. Prisoner with approval of warden for support of dependents, or, without consent of prisoner, on ap- proval of State Commission on Penal Labor for support of such dependents. Balance due prisoner at time of conditional release sub- ject to drafts by prisoner in such sums as warden may approve. On absolute discharge, prisoner may draw entire sum. Willingness and ability of prisoner. Placed to credit of prisoner to be sent to family, if any, or given to prisoner on discharge. Lessee. Extra work performed by prisoner for lessee. Prisoner; left with warden of camp subject to order of the prisoner. State Highway fund. Time employed on state highways. Prisoner or his dependents. Earnings of peniten- tiary or reforma- tory. Pecuniary value of work performed; willingness, industry, and good conduct of prisoner. In case prisoner forfeits good time for misconduct, not more than 50 cents for each day of good time forfeited may be deducted from compensation. Prisoner, with approval of Board of Prison Industries, for disbursement by warden or superintendent, to aid family of prisoner, or for books, instruments, and instruc- tion. May with the approval of warden or superintendent be so disbursed without consent of pris- oner. Balance due prisoner at time of conditional release subject to drafts by prisoner in such sums and at such times as Board of Prison Industries may approve. On absolute discharge, prisoner may draw entire sum. May bequeath by will sum due him at time of death. Earnings of convicts on state roads. Amount earned by convict on state roads. Prisoner or forwarded by Board of Control to family or person depend- ent on prisoner for support. General funds of pen- itentiary or reform- atory. Quality and value of work of prisoner. Placed to credit of prisoner and for- warded at the end of each month to family or dependents of pris- oner. If there are no dependents, fund accumulates to credit of prisoner. Portion used for pur- chase of citizens clothes at end of sentence. Remainder turned over to prisoner at discharge. Small necessities may be purchased dur ing term. 86 PRISONERS’ WAGES— State. By what Institution Paid or for what Work? By Whom the Wage System is Adminis- tered? Amount of Wages? Kentucky, (3). State Penitentiary. State Reformatory. Board of Prison Com- missioners. Not to exceed 20 per cent of prisoner’s pro- portion of average per capita earnings. Michigan. Jackson State Prison. Marquette State Prison. Only to prisoners en- gaged in manufactur- ing on public account. Boards of Control and Wardens of Prisons. Not to exceed one tenth of profits of in- stitution realized in actual collections for quarter. Minnesota, (4). State Prison. State Reformatory. Board of control after consultation with warden. 9 to 15 cents per day. Few cases 40 to 50 cents per day. Missouri. State Penitentiary. Wage paid for: a. Regular task. b. Overwork. a. Officers of peniten- tiary or warden for regular task. b. Contractor for over- work. a. 5 per cent of daily earnings for peniten- tiary if prisoner is under contract wage if he works directly for state. b. In cases of over- work, not less than amount paid to state by contractor. Nebraska. State Penitentiary. State Reformatory. Warden of Peniten- tiary. Board of Com- missioners. Not to exceed one third of earnings. Not to exceed 75 cents per day in building State Reformatory. Nevada. State Prison, for road work only. Board of Prison Com- missioners and War- den. 10 cents per day; 25 cents at present. New Hampshire, (5). State Prison. Governor and Council. Decided by governor and council. (3) The act of the legislature allowing certain money for saving fund was put into operation by the present Board of Penitentiary Commissioners, but was declared unconstitutional by the Kentucky Court of Appeals. E. H. Ray, Secretary of Prison Commissioners in letter of October 21, 1914. (4) Provision made by law for compensation to families of prisoners. In a great many cases, in addition to what prisoner earns, there is a monthly grant paid to certain families. Each case is decided on its individual merits. (5) This is the law, but according to letter from New Hampshire state officials, it is not in force at present. Law also provides for assistance to dependents of prisoners from same fund, regulated by governor to council. 87 STATE INSTITUTIONS— Continued. From what Source Derived? By what Determined? To Whom Paid ? Earnings of prisoner. Character of prisoner, nature of crime, general deportment of prisoner. Prisoner or family. 25 per cent left and paid to prisoner at time of discharge. Profits of institution. Amount done in addition to or be- yond task fixed by prison rules. Prisoner ; warden is the custodian of funds due each prisoner. Fund provided for carrying on work, when prisoner is employed on State Account; Contract- or when prisoner is employed under con- tract. Superior skill, industry, willing- ness to learn, general attitude to- ward work. Remains under control of State Board of Control to be used for prisoner or dependents as Board may prescribe. a. Regular task-earn- ings of prisoner. b. Overwork - Con- tractor. Quality of work, conduct of pris- oner. Wages for overwork de- termined by amount of work done over assigned daily task. Regular task — Not less than $15 al- lowed to accumulate for use of prisoner after release. Residue of earnings of each prisoner set aside for support of dependents. Over-work— Prisoner with consent of warden for purchase of books, papers, magazines, or for use of dependents. Earnings of prisoner. Character and general deportment of prisoner, nature of crime. Credited to prisoner and paid out on his order or paid to family on order or warden, or paid to pris- oner only on his discharge. In case prisoner has no dependents, fund invested for his benefit and paid to him, one third on dis- charge, one third in three months, and one third in six months. Amount determined by law. Prisoner at end of term, or at time of pardon or parole in addition to sum ordinarily given convicts. De- pendents of prisoner on petition of prisoner to Board. Money available for current running ex- penses of State Prison. Remains under control of governor and council to be used for benefit or prisoner or dependents. PRISONERS’ WAGES— State. By what Institution Paid or for what Work? By Whom the Wage System is Adminis- tered ? Amount of Wages? 17 New Jersey, (6). State Prison. State Reformatory. Board of Inspectors of State Prison. Board of Commissioners of Reformatory. Ap- proval of Commis- sioner of Charities necessary under law of 1911. l New law. Not yet de- termined. Law of 1911, not to exceed 50 cents per day; total expenditures for relief not to exceed in one year 5 per cent of value of goods manu- factured by institu- tion. IS New Mexico, (7). State Penitentiary. State Reformatory. Board of Penitentiary Commissioners. Net earnings of pris- oner paid to depend- ent family if neces- sary for their support. 19 New York. State Prisons. Reformatories. Penitentaries. Wardens or superin- tendents of institu- tions. Not to exceed 10 per cent of earnings of institution. About 1 1 cents per day al present. 20 North Dakota. State Penitentiary. Warden of Peniten- tiary. 10 to 25 cents per day. 21 Ohio. Penitentary. State Reformatory. State Board of Admin- istration. Prisoners divided into three classes. Class 1 receives 1 cent per hour; class 2, 2 cents class 3, 3 cents. Amount paid not to exceed difference be- tween cost of main- taining prisoner and reasonable value of his labor. All or part may be cancelled by Board for violation of rules. 22 Oklahoma. State Penitentiary. State Reformatory. Board of Prison Con- trol. Reasonable compensa- tion for overwork only. 23 Oregon. State Penitentiary. Superintendent of Pen- itentiary. 50 cents for each merit mark received, sub- ject to a forfeiture of cost price of tools and materials injured or wasted through care- lessness. (6) In April, 1914, a law was passed in New Jersey, amending law of 1911 and requiring Board of Managers of Prison and Reformatory to establish wage systaem for payment of all prisoners. Amount to be paid has not yet been decided. Main provisions of new law are given above. (7) This provision is in Article XX, Section 15, of the New Mexico State Constitution but accord- ing to letter from the Superintendent of the State Penitentiary, John B. McManus, dated Sept. 17, 1914, wages are not paid to prisoners. 89 STATE INSTITUTIONS— Continued. From what Source Derived? By what Determined ? To Whom Paid? New law; dependents, prisoner after release on parole, cost of trial in an amount not to exceed $25. Law of 1911, dependents. Earnings of prisoner. Financial condition of family. Dependent family. Earnings of institu- tion. Pecuniary value of work, willing- ness, industry, and good conduct of prisoner. Profits of manufac- turing departments. Credited to prisoner. On approval of Superintendent of State Prisons, disbursed to aid dependents or for such other purposes as Superintend- ent may approve. Upon condi- tional release of prisoner as ap- proval by Superintendent of State Prisons. Upon absolute discharge, whole amount subject to draft by prisoner at his pleasure. Amount of work performed, effici- ency and conduct of prisoner. Placed to credit of prisoner; sent monthly to anyone who may be dependent upon him for support. $50 allowed to accumulate to be given to prisoner at end of term or when he is discharged. Manufacturing fund, provided by appro- priation and by re- ceipts from sale of manufactured ar- ticles. Character and general department of prisoner, nature of crime. Not to exceed 90 per cent paid each month to dependents of prisoner. Remaining 10 per cent paid to prisoner at time of discharge. In case prisoner has no dependents, one half of amount credited to him paid at time of release on parole, balance at time of final release. Part or whole of balance may be paid before final release if satis- factory evidence is presented io warden or superintendent showing that prisoner was, for good rea- son, unable to support himself dur- ing parole. Work performed after prisoner has completed daily task. Prisoners. Conduct of prisoner. Prisoners. PRISONERS’ WAGES— State. By what Institution Paid or for what Work? By Whom the Wage System is Adminis- tered? Amount of wages? Pennsylvania, (8). Eastern Penitentiary, only in manufactur- ing department. Authorities of insti- tution— Board of In- spectors. Earnings after board, lodging and clothing, and cost of trial have been deducted. Paid quarterly. Authorit- ies fix amount of earnings. Porto Rico. Insular Penitentiary, for work on public roads. • 5 cents per day. Rhode Island, (9). State Prison. Board of Charities and Corrections. Minimum— $5 at time of discharge. Maximum— One tenth of actual earnings of prisoner during con- finement. South Dakota. State Penitentiary. Board of Charities and Corrections. War- den of Penitentiary. At present, 5 to 25 cents per day and for overtime. Texas, (10). State Penitentiary. Board of Prison Com- missioners. ‘ 10 cents per day, $1 per day for Sundays, 10 cents per hour for all overtime. Utah. (11). State Prison. Board of Corrections. Unmarried prisoners or prisoners with fami- lies outside of state not to exceed 10 per cent of net earnings. Married prisoners, if families live within state and are depend- ent, not to exceed 25 per cent of net earn- ings. Vermont. State Prison and House of Correction as re- ward for especially good work. Board of Penal Insti- tutions. Virginia. State Penitentiary for overtime when pris- oners are employed under contract sys- tem. Superintendent of Pen- itentiary with ap- proval of Board of Directors. Reasonable compensa- tion for overwork. (8) The law provides that all convicts under control of state engaged in manufacturing articles for general consumption shall receive quarterly wages equal to amount of earnings, to be fixed from time to time by authorities of institutions, from which board, lodging and clothing, and cost of trial have been deducted. Balance paid to dependents or to prisoner at expiration of term. Ac- cording to letters from the authorities, of the different state institutions, wages are paid the prisoners only in the manufacturing department of the Eastern Penitentiary. (9) This is the law, but according to letter from Charles Potter, Secretary of Board of Charities and Corrections, the prisoners are not paid wages in the Rhode Island penal institutions. (10) This is the law as found in Revised Civil Statutes of Texas, 1911, Articles 6214 , 6215 , 6220, but according to letter from Oscar F. Wolff, Secretary of Board of Prison Commissioners, this law was declared unconstitutional and void and prisoners are not paid wages. (11) This is the law, but according to letter from Arthur Pratt, warden of Utah State Prison, the prisoners do not receive wages for their work. 91 STATE INSTITUTIONS— Continued. From what Source Derived? By what Determined ? To Whom Paid? Included in cost of manufacturing arti- cles. No individual differences. Dependents, or if there are none, to prisoner at expiration of term. Conduct and devotion to work. Prisoners. Left to discretion of Board of Charities and Correction. Prisoner at time of discharge, or during his imprisonment, to de- pendents. Earnings of prisoner. Character of prisoner, his family, nature of crime, general deport- ment. Prisoners allowed to use half of wages; other half held until they are released. All may be sent to dependents. Life term prisoners without families allowed to use all of earnings. If they have fam- ilies, one half sent to same. Regular wages paid from earnings of prison. Overtime and Sundays paid from funds of prison system. Good conduct, amount of work per- formed. Paid semi-annually to dependents designated by prisoner. If pris- oner has no dependents, earnings are paid to him upon his discharge. Paid only to dependents within second degree. Earnings of prisoners. Conduct and martial condition of prisoners. f Unmarried prisoner, or prisoner with family outside of state, at time of discharge. Family of married prisoner when within state. Funds used for con- ducting industries in prisons. Character of work ; a reward for especially good work. Prisoners. Amount of work done beyond regu- lar task of prisoner. Prisoner at time of discharge or to dependents any time during im- prisonment. Prisoner allowed to purchase certain provisions and other articles approved by Board. 92 PRISONERS’ WAGES— State. By what Institution Paid or for what Work? By Whom the Wage System is Adminis- tered ? Amount of wages? 32 Washington, (12). Honor Camps. State Reformatory. Honor Camps — Board of Control. Reformatory — Board of Managers. 50 cents per day in Honor Camps. Not to exceed 20 per cent of prisoner’s earnings in Reformatory. 33 West Virginia. State Penitentiary, only for v overtime on contract work. 34 Wisconsin. State Prison. State Reformatory. State Board of Control. ' 35 Wyoming. State Penitentiary for overwork only. Small percentage of amount accomplished over prescribed task. (12) This is the law, but letter from State Board of Control mentions only payment of 50 cents per day in Honor Camps. The State Board of Control does not govern the State Reformatory so this fact may account for the omission of the mention of the payment of wages in the reformatory. 93 STATE INSTITUTIONS— Continued. From what Source Derived ? By what Determined ? To Whom Paid? Reformatory — Earn ings of prisoner. Reformatory — Character and deport- ment of prisoner, nature of crime. Reformatory. Prisoner or family as Board of Manager deems best, pro- vided at least 25 per cent of such earnings shall be left for and paid to prisoner at time of discharge. Amount prisoner does in over-time. Prisoner at time of discharge or sent to family. When prisoner is em- ployed on State Ac- count — from fund provided for carry- ing on such work. When prisoner is employed under con- tractor — from con- tractor. Pecuniary value of work, willing- ness and good behavior of pris- oners. Extra allowance for pris- oners surpassing general average of prisoners. Prisoner on discharge or during confinement, or to dependents as Board of Control may prescribe. Amount accomplished over pre- scribed task. Prisoner on discharge. I 94 > PRISONERS’ WAGES— LOCAL INSTITUTIONS. All the facts as to the wages paid. to prisoners in local institutions were obtained from Senate Document, No. 494 of the 63d Congress, 2d Session and hence relate only to the possibilities of compensation under the law. The legal provisions are brief, and in most cases merely permissive. From the table containing the facts, a few gen- eral conclusions can be drawn. In the first place, it is apparent that wages are in many cases to be paid only to such prisoners as are engaged in a particular kind of work, as road or farm work. The amount paid is determined either by the official or officials, in charge of the institution or by the county officers, who are given a great deal of discretion in decid- ing the amount due the prisoner. It is evident, however, that in many cases the intention is to base the wages on net earnings, al- though the law in some cases sets limits to the amount. In some in- stances the wages are to be paid out of county funds, while in others they are paid directly from net receipts. As a general thing, de- pendents are to receive the wages. In one case, it is stated that not money wages but wages in kind are to be paid to the dependents. It would be an almost endless task to make a complete study of wages in the local institutions. The facts obtained for the institu- tions in Pennsylvania were secured only after repeated inquiries, and must be taken as indicating only in a general way what the actual practice is. The problem, moreover, is one that does not, it would seem, merit very serious consideration. The typical county institution is the jail which it must be remembered was never de- signed as a place for the employment of prisoners, but solely for their detention. For reasons that have been mentioned in Chapter 5, Part II, the jail will probably be forced off the stage and other in- stitutions in which prisoners can easily find employment will take their place. Until such time comes, effort spent in an exhaustive study of wages paid in institutions for misdemeanants would be largely wasted. 96 PRISONERS’ WAGES— » State. In what Institution Paid or for what Work? By Whom the Wage System is Admin- istered ? Amount of Wages? i Colorado. County, town and city jails. County Commissioners. City councils. Earnings less expense of guarding. 2 Louisiana. For work on roads, public works or farms. Police jury. First class, $5— $15.00 per month. Second class, $2— $10.00 per month. 3 Maine. Jails, workhouses. County commissioners. Master of workhouse. Proceeds of labor. 4 Michigan. (Law definitely states that no compens a t i o n shall be allowed.) Jails or lockups. By court. Reasonable compensa- tion. 5 Minnesota. County farms. Commission in charge. Not to exceed $.50 per day, to be paid in kind. 6 Mississippi. For work on roads or farms. Board of Supervision. First class, $8— $20.00 per month. Second class, $5— $15.00. In individual cases, higher wages may be paid. 7 New Hampshire. County jails. Sheriff or jailer. 25 per cent of net earnings. 8 Pennsylvania. County institutions. Authorities of the in- stitution. Earnings less board. 9 Tennessee. Workhouses. Workhouse commis- sioners. All money obtained from hiring. 10 Texas. Convicts hired out. County commissioners. Earnings, or in case work was done for county, $1.00 per day. 11 Wisconsin. Jails and workhouses. Sheriff. Earnings, minus board, lodging, clothing and cost of trial. 97 LOCAL INSTITUTIONS. From what Source Derived? By what Determined? To Whom Paid? From the funds of the county. Value of work, done less ex- pense of guarding. To wife or minor children to extent of half of his earnings, provided they are residents of the county in which he is confined and are likely to become a public charge. Parish or person hiring. Must not be less than mini- mum provided. Net earnings. Earnings. To families or persons dependent up- on them for support. • Funds of the political unit of government. Judgment of the court. To wife, family or dependents of such prisoner or such other person as court sentencing him may direct. Funds of county. j Judgment of the commis- sioners. | To wife, family or guardian in con- trol of dependent child or chil- dren. | Funds of county. Within limits fixed by law. From earnings. Value of work done. To prisoner on discharge. From earnings. Value of work done less cost of board. Hire of prisoner. By bargain with person hir- ing. To prisoner. From earnings or funds of county. Earnings, or whether em- ployed by county. To dependents ascertained by court. From earnings. Earnings and cost of board. To dependents or to prisoner in case no dependent appear. 7 ■ ' 98 ) LETTER OF THE CHAIRMAN. To the Members of the Oeneral Assembly: Gentlemen: — The commission was appointed in June 1914. This late appointment allowed us but six months in which to do the work. The employment and compensation of prisoners is a problem of no mean magnitude and one which, in our opinion, no state has as yet completely and satisfactorily solved. v In the brief space of time afforded us, it has been impossible to prepare a complete report on all phases of the subject. We have been unable to visit the western states where prisoners are worked upon the roads; and, as a consequence, scant space is given in the report to this important method of employing prisoners. The re- lation which exists between short sentences on the one hand and work and reformation on the other is also a much mooted question which from lack of time we have not been able to investigate or even consider. Other problems likewise remain untouched. We, therefore, respectfully ask the Legislature to continue the commission for the next two years. In 1917, we will be able to pre- sent to you a complete and exhaustive study of the entire situation. To do this, of course, an additional appropriation will be necessary which we trust will be provided for. The bills which we have drafted should be passed at once, as they provide the necessary foundation on which to build. Respectfully yours, EDWIN M. ABBOTT, Chairman. 100 READING LIST ON OUTDOOR EMPLOYMENT OF CONVICTS SUPPLIED BY THE DIVISION OF BIBLIOGRAPHY, LIBRARY OF CONGRESS. H. H. B. MEYER, Chief Bibliographer . BIBLIOGRAPHY. 1. U. S. Bureau of Labor. Index of all reports issuerd by bureaus of labor statistics in the United States prior to Mar. 1, 1902, Washington, Govt, print. Off. 1902. 287 P. Convict labor; p. 67-70 27174.LIU6 2. Virginia. State Library, Richmond. Legislative reference list 1912. Richmond, V. 1911. 70 p. “Convict labor” p. 21-28. 2881.V91L BOOKS. 3. American year book; a record of events and progress, 1911. New York, D. Appleton and Co. 1912, 863 p. “Prison labor;” p. 374 “Convict labor;” p. 384-385 E171.A585 1911 4. Boies, Henry H. The science of penology; the defence of society against crime; collated and systematized by H. M. Boies, New York, G. P. Putman’s Sons, 1901. 459 P. “Prison labor;” p. 264-286 HV8665.B6 5. CaJble, George W. The silent South. New ed. New York, C. Scribner’s Sons, 1889. 213 P. “The convict lease system in Southern States.” P. 115-182. . E185.61.C196 Sept. 27, 1912. 6. Georgia — Laws, statutes, etc. An act (to provide for the employment of felony and misdemeanor male convicts upon the public roads . . . . ) Approved Sept. 19, 1908. Atlanta, Ga. C. P. Byrd, 1908. 8 P. 7. Convict labor (In New international encyclopaedia. New York, 1909. v. 5. p. 360) . AE5.N55 ,v.5 8. Hardy, Tives B., Comp. A digest of the laws and practice of all the states of the Union in reference to the employment of convicts. Richmond. D. Bottom, 1911. 17 p. HV8925.H3. 9. Henderson, Charles R. ed. Correction and prevention. New York, Char- ities publication committee, 1910, 4 v. (Russel Sage Foundation publications) HV9471.H5 “The public road system;” v. 2. p. 78-85 “The state farm system:” v. 2. p. 85-88. 10 An introduction to the study of the dependent, defective and de- linquent classes. Boston, D. C. Heath and Co., 1893. 277 P. Bibliographies interspersed. “The employment' of convicts on public works and ways:” P. 221-222. HV33.H4 101 11 Outdoor labor for convicts; a report to the governor of Illinois, Chicago, The University of Chicago Press, 1907. 154 p. Consists of extracts from the Bulletin de la Commission peniten- taire Internationale, 1905, by different authors*. HV8897.H5 12. Holmes, J. A. Road building with convict labor in the southern states. (In U. S. Dept, of Agriculture. Year Book 1901. Washington, 1902. p. 319-332) S21.A35.1901 13. Howard association, London. Convict labor in the United States, Lon- don, Wertheimer, Lea & Co. 1906. 12 p. HD.4869.U4H7 14. Illinois. Bureau of labor statistics. Convict labor (In its Fourth annual report 1896. Springfield, 1886, p. 5-152) HC107.13A2.1886 15. Keeler, Clarissa O. The crime of crimes; or The convict system un- masked. Washington, D. C. Pentocostal era Co., 1907. 29 P. HV8988.K3 16. Massachusetts. Board of Prison Commissioners. Special report of the general superintendent of prisons of Massachusetts upon the various methods of employing prisoners on public works and lands. Boston , Wright and Potter, Printing Co., 1898. 50 p. HV8897.M4 17 Michigan. Board of Prison Industries. Report. Lansing, Mich. Wyn- koop. Hallenbeck Crawford Vo. L91 (14 P. Road work p. 12-13) HV8929.M5A5.1910 18. National anti-convict-contract association. Proceedings of the national convention, held at Chicago, Aug. 26th, 1886. Together with other interesting matter relating to convict contract labor. Chicago, Pub. by the Association, 1886. 78 p. HV8908.N3.1886 19. National committee on prison labor. Penal servitude, by E. Stagg Whitin, New York, National committee on prison labor, 1912. 162 p. “Road work” p. 49-50. HV8925.N3 20. National prison association. Employment of prison labor (in building and keeping in repair good roads.) (In its proceedings, 1898. Pittsburg, 1899. p. 106-108). Discus- sion: p. 108-110. HV8987.A1.1899 21. Solution of the convict labor problem. In its Proceedings, 1899. Pittsburgh, 1900. p. 24-94. Discussion: P. 94-104 HV8987.AL1*899. 22. New York. State Library, Albany. Bulletin, Legislation No. L-40. Al- bany, 1891-1911. 40 v. Issued irregularly. Includes an annual summary of index of state legislation; 1899-1908. Digest of governors’ messages, 1902-1908; and Review of legislation 1900-1907-08. Consult the index of each volume under Convict labor. Z881.N61BL Z6457.A1N5 23. Stewart, Ethelbert. Convict labor in the United States. In Bliss, W. D. P. ed. New encyclopaedia of social reform. New ed. New York, 1908. p. 291-294. “Public works and ways system:” p. 292-294. H41.V62 24. Tennessee. State highway commission. Special message of Gov. Malcolm R. Patterson. State highway commissions and road improvement in Tennessee. Jan. 10, 1911. (Nashville, 1911. 21 p.) TE24.T2A5.1911 25. U. S. Bureau of labor Convict labor. Washington Govt, print. Off. 1906, 794 p. (Annual report of commissioner of labor, 20th, 1905.) Issued also in the Congressional series, No. 5046, House doc. 906, 59th Cong. 1st sess. Two earlier reports have been pub. by the Bureau giving the re- sults of investigations made in 1885 (Second annual report 1886 and in 1895 (Bulletin no. 5. July 1896) HD8051 . A3.1905 “Convict labor laws.” p. 615-787. HD8933.A6.1905 “Public Works and Ways system” p. 16-20. House Doc. 906 26 Congress. House. Committee on labor. Peonage in western Pennsylvania. Hearings on House resolution no. 90. Aug 1, 1911. Washington Govt, print, off. 1911, 119 P. HD8039.M62U61911a 102 27 Industrial commissions. Report.... on prison labor. Wash- Govt. print. Off. 1900. 116 p. (The commission’s reports v. 3) “Summary of convict labor laws” p. 141-166. “Employment of convicts on public buildings and ways.” p. 50-54. HC101.A3.v3 28. Washington (State) Special Investigation commission on Highway de- partment. Report of Special investigating commission on High- way department. Report of Board of control on state rock-crushing plants; working convicts on state roads and at crushing plants. Olympia, E. L. Boardman, 1910. 50 p. TE24.W25.1910 29. Withers, Robert W. Road building by inmates of state prisons. (In National conference by charities and corrections. Proceedings, 1908. Ft. Wayne, Ind., 1909. p. 201-213) HV88.A3.1908 30. Wright, Carroll D. Some ethical phases of the labor question. Boston, American Unitarian association, 1902. 207 p. “The ethics of prison labor;” p. 161-207. HD691.W8 31. 1891 Roberts, Albert. The iniquity of leasing convict labor. Engineering magazine, Sept. 1891, v. 1: 749-753. Discusses the advisibility of employing convicts on public highway construction. TA1.E59, v. 1 32. 1892 Roberts, Albert. Convict labor in road making. Engineering magazine, July, 1892, v. 3. 455-462. TAl.E59,v.3i 33. 1896 U. S. Bureau of labor. Convict labor. Its Bulletin, July, 1896. v. 5: 443- 78. HD8051.A5.no.5 34. 1898 Codma.n, John T. The employment of convict labor in Massachu- setts Arena. April, 1898. v. 19: 545-542. Discusses the em- ployment of convicts on public works. AP2.A6,v.l9 35. 1899 Tobias, D. E. The convict lease system. Nineteenth century, and after, Dec. 1899, v. 46: 959-962. AP4.N7,v.46 36. 1901 DuBois, W. E. B. The convict-lease system in the South. Mis- sionary review, Oct. 1901, v. 24: 737-745. 37. 1902 Flower, B. O. Mississippi’s successful convict farms. Arena, Feb. 1902, v. 27: 199-204. AP2.A6,v.27 38. 1903 Holmes, J. A. Road building with convict labor in the Southern states. Scientific American supplement, Mar. 7, 1901, v. 55: 22724- 22727. Tl.S52,v.55 39. Potts, Charles S. The convict labor system of Texas. American academy of political and social science. Annals, May, 1903, v. 21: 426-437. Hl.A4,v.21 40. 1906 Clarke, G. H. Georgia and the chain gang. Outlook, Jan. 13, 1906, v. 82: 73-79. AP2.08,v.82 41 Barrows, S. J. Working prisoners in the open. Charities, Oct. 20, 1906, v. 17: 129-130. HVI.C4,v.l7 42. Clarke, George H. Shall the chain-gang go? World today, Mar. 1908, v. 10: 302-307. AP2.W75,v.lO 43. 1907 Barry, R. Slavery in the South today. Cosmopolitan magazine. Mar. 1907, v. 42: 481-491. AP2.08,v.42 44. Terrell, M. C. Peonage in the United States; convict lease system and the chain gangs. Nineteenth century and after, Aug. 1907, v. 62: 306-322. AP4.N7,v.62 45. 1908 Newell, A. C. Georgia’s barbarous convict system, World’s work. Oct. 1908, v. 16: 10829-10831. AP2.W8,v.l6 46. Blackburn, B. M. The Georgia convict lease law. Outlook. Oct. 10, 1908, v. 90: 295-297. AP2.O8,v.90 47. McKelway, A. J. The convict lease system of Georgia, Outlook, Sept. 12, 1908, v. 90: 67-72. AP2.O8,v.90 48. Russell, Charles E. The burglar in the making in Georgia. Every- body’s magazine, June, 1908, v. 18: 753-760. AP2.E9.V.18 49 1910 Smith. H. H. Agricultural training for prisoners. World’s work (London) Sept. 1910, v. 16: 346-347. AP4.W85,v.l6 103 50. Kellogg, Paul U. The question of prison labor: As discussed at the International prison congress at Washington. American federa- tionist, Dec. 1910, v. 17: 1090-2091. HD8055.A5A2,v.l7 51. 1911 Cooley, H. R. Outdoor treatment of crime. Outlook, Feb. 25, 1911, v. 97: 403-408. AP2.08,v.97 52. Barrows, I. C. Correction farms at Cleveland. Survey July 22, 1911, v. 26: 607-608. HVl.C4,v.26 53. Swift, Morrison I. Humanizing the prisons. Atlantic monthly. Aug. 1911, v. 108: 170-179. Discusses indoor and outdoor work. AP2.A8,v.l08 54. Shalfroth, J. F. Building good roads in Colorado. American City. Oct. 1911, v. 5: 222-224. HT 55. 1912 Harrison, S. M. Cash nexus for crime in Alabama. Survey, Jan. 6, 1912, v. 27: 1541-1556. HVl.C4,v.27 ADDITIONAL REFERENCES. BIBLIOGRAPHY. 1. New York. Public Library. List of works relating to criminology. (In its Bulletin, May-Nov. 1911, v. 15) Prison labor: p. 578-584. Z881.N6B,v.l5 BOOKS. 2. American academy of political and social science, Philadelphia. Prison labor ....Philadelphia, American academy of political and social science, 1913. 240 P. (Its Annals, vol. 46 (Whole no. 135). Contents: — Introduction: Industrial penology, by E. S. Whitin. Trend of reform: The new penology, by T. Roosevelt; The wage- earner and the prison worker, by J. Mitchel. Women and prison labor, by Helen V. Boswell. The Governor’s problem: Why I could not pardon the contract system, by G. W. Donoghey. Prevention of crime, by A. O. Everhart. Reform through labor, by E. N. Foss. New theory as to punishment of crime, by H. S. Hadley. The prob- lem of administration; The ideal for Kansas, by J. K. Coddling. Prison labor on public roads, by T. W. Tynam. The reform of the individual, by F. Moore. Working for the individual, by D. C. Peyton. The activities of delinquent boys, by E. L. Coffen. Direct- ing the labor of convicts; Convict labor in highway construction, by J. H. Pratt. Outdoor work for convicts — a symposium. 1. County road camps in Arkansas, by J. Asher; 2. Outdoor work in Michigan, by W. K. Bryant; 3. Good opportunities for prison labor, by H. R. Cooley; 4. Experimental road work in Ohio, by J. R. Marker: 5. The workhouse as a reformatory, by F. R. McDonald. One year honor system in Oregon, by P. E. Bauer. Illinois jails and the Kangaroo court, by H. H. Hart. New Hampshire’s ex- periment in using prison labor to support paupers, by E. L. Page. The courts and prison labor, by G. Cosson. The attitude of or- ganized labor: The trade-union attitude towards the prison labor, by J. P. Frey. The state-use system, by C. Lovely. The burden of crime: Punishing the innocent, by C. Aronovici. Prison labor and social justice, by F. E. Lyon. Prison reform in New Jersey, by C. L. Stonaker. Prison labor in the District of Columbia, by W. H. Baldwin. Communication: Scientific farming and scientific financ- ing, by L. G. Robinson. Developments in Chinese labor situation, by G. E. Anderson. The unappreciated tin-peddler; his services to early manufacturers, by R. M. Kerr.... Book dept Report of the Board of directors of the American Academy of political and social science for the fiscal year ended Dec. 31, 1912. Index H1.A4 HV8925.A6 September 19, 1913. 104 3. Carlton, Frank T. The history and problems of organized labor, Boston, D. C. Heath & Co. (1911) 483 p. “Prison Labor” p. 424-430. References at end of chapter. HD6508.C2 4. Kentucky. Laws, statutes, etc. Acts, 1912. Chap. 33. Convict labor upon public roads. P. 150-151. 5. Michigan: Joint prison and affiliated boards. Proposed prison legislation, present laws in force, and reasons why changes are desirable (Lansing, 1912) 76 p. HV975.M5A4.1912 6. National committee on prison labor. Penal servitude, by E. Stagg Whitin, New York, National committee on prison labor, 1912. 162 p. HV8295.N3 7. Ohio Bureau of labor statistics. Special report on prison labor. Colum- bus, O. F. J. Herr Printing Co., 1911. 45 p. HV8929.O3A3.1910 8. Stone, Roy. Notes on the employment of convicts in connection with road building. Washington Govt, print, off. 1895. 15 p. (U. S. Office of public roads. Bulletin, 16.) TEl.U6,no.l6 9. A Symposium on ptrison labor. (In National conference of charities and correction. Proceedings, 1912. Fort Wayne. 1912; p. 198-233. Contents: — Prison labor — Where are we? Whither are we going? by R. Slicer, — Prison labor, by Otis Fuller — The state-use system in Ohio, by James A. Leonard. Prison labor and the contract sys- tem, by Milton F. Goodman. The trade-union attitude towards prison labor, by John P. Frey. Prison labor, by B. M. Spurr. Prison labor, by Florence Kelly. Prison labor, by John J. Son- steby. Discussion. Women offenders in New York, by William McAdoo. Treatment of women offenders, by Maud E. Miller. 10. U. S. Congress. House Committee on labor. Convict made goods in inter- state commerce. .Report (To accompany H. R. 5601). (Washington Govt, print. Off., 1912) 3 p. (62 Cong. 2d sess. House. Rept. 222). HV9823.A6.1912 11. U. S. Congress House Committee on labor. Protection of labor and in- dustries from competition of convict labor and manufactures. Re- port. (To accompany H. R. 12318) Washington Govt, print, off., 1906. 13 p. (59th Cong. 1st sess. House. Report 4782.) 12 Senate. Committee on the judiciary. Interstate commerce in convict-made goods. Hearing (July 3-6, 1912. Washington Govt, print, off. 1912. 52 p.) 13. Virginia. Governor (Wm. H. Mann). Communication relative to the employment of convicts and submitting proposal therefore. Jan. 15, 1912 (Richmond, 1912) 4 p. (Senate doc. no. 2). HV8929.V845.1912 14. Wisconsin. Bureau of labor and industrial statistics. The binder twine industry as a prison employment. (In its Fourteenth biennial re- port, 1909-1910. Madison, 1911. p. 143-310. ARTICLES IN PERIODICALS. 15. 16. 17. 18. 19. Gompers, Samuel. The crimes of surface investigations. American federationist, July, 1910, v. 17: 577-584. HD8055.A5A2,v.l7 Discussion manufacture of shirts, etc. at Maryland penitentiary. 1911. Leavitt, J. a day. 1912. Something for nothing; goods made by convicts for 34 cents American magazine, July, 1911, v. 72: 351-360. AP2.A346 , v.72 Mitchell, John. Prison Labor. American federationist, Feb. 1912. v. 19: 160-162. HD8055.A5A2,v.l9 Leavitt, Julian. Man in the cage. American magazine, Feb. 1912. v. 73: 397-409. AP2.A346,v.73 Whitin. E. S. Convict made goods put on health basis. Survey, March 30, 1912, v. 27: 2000-2001. HVIC4, v. 27 105 20. Porter, V. H. Governor West of Oregon and his convict honor theory. Collier’s Weekly, May 4, 1912, v. 49: 16-17. AP2. C65, v.49 21. Prison contract labor. Outlook, May 4, 1912, v. 101: 13-13. AP2.08, v.101 22. Howard, R. R. Governor’s honor men. Outlook, July 27, 1912. v. 101: 716-724. AP2.08 , v.101 23. Whitin, E. Stagg. Trade unions and prison labor. Case and comment, Sept. 1912, v. 19: 240-244. '24. Pratt, Joseph H. Convict labor in highway construction. Engineering and contracting, Oct. 23, 1912, v. 38: 457-459. TA201.E5, v.38 25. Dahl, Arthur I. A penitentiary built by convicts. Overland monthly, Oct. 1912. v. 60: 333-339. AP2.O9,v.60 26. Prison labor in New Jersey, Survey, Nov. 30, 1912, v. 29: 261-262. HVI.C4, v.29 27. Leavitt, Julian. Our prison sweat shops. Pearson’s magazine, Dec. 1912, v. 28: 19-28. AP2.P35,v.26 28. Leavitt, Julian. Convict labor vs. free labor. Pearson’s magazine, Jan. 1913, v. 29: 1-11. AP2.P35,v.29 29. Barnard, Kate. Fighting the lease system with pardons. Survey, Jan. 4, 1913, v. 29: 457-458. HVI.C4,v.29 30. West Oswald. Prison labor. American federationist, Feb. 1913, v. 20: 112-113, HD8055.A5A22 , v.20 31. Leavitt, Julian. Our prison sweatshops. Pearson’s magazine, Feb. 1913, v. 27: 179-198. AF2.?35,v.29 32 Putting a bounty on crime. Pearson’s magazine, Mar. 1913, v. 29: 360-369. “Shows that the prison contract labor system sends men to jail and keeps them there longer than their rightful term.” AP2.P35,v.29 33 The courts and convict labor. Pearson’s magazine, Apr. 1913, v. 29: 490-498. AP2.P35,v.29 34 One solution of the convict labor problem. Pearson’s magazine, June, 1913, v. 29: 754-762. AP2.P35,v.29 35. Convict vs. free labor. Leasing system a great handicap to law abiding citizens. Garment worker, Aug. 1, 1913. p. 2. 1911-1912. 36. Prison labor legislation in 1911, 1912. American labor legislation re- view, Oct. 1911, v. 1: 122-131. Oct. 1912, v. 2: 486-487. HD7833.A55 , v.l. , 2 READING LIST ON CONVICT LABOR SUPPLIED BY THE BUREAU OF LABOR STATISTICS, UNITED STATES DE- PARTMENT OF LABOR. Amer. acad. of pol. & soc. science. Philadelphia. Prison labor Phila. , Amer. acad. of pol. & soc. sci., 1913. (Its Annals, v. 46, whole no. 135) 340p. American prison association. Reports. Gt. Brit. Bd. of trade. Importation of foreign prison-made goods committee. Foreign prison-made goods (importation of) London, 1895. 152p. Cd. 7902. Committee on the employment of convicts. Employment of convicts London, 1882. 45p. (Cd. 3427). Foreign office. 106 ..Reports from Her Majesty’s representatives in certain foreign countries on prison labour. .. .London, (1894) 88p. (Cd. 7550) Home dept. Com. on the employment of convicts at Dover Harbour. . .Papers relating to the employment of convicts at Dover Harbour. London, 1883. 7p. (Cd. 3726) (Continuation of Cd. 3427) Henderson, C. R. Outdoor labor for convicts. .. .Chicago, Univ. of C. press, 1907. 154p. Idaho. Commission on prison labor. Report. .. .Boise, Cunningham, (1913?) 14p. III. State board of prison industries. Report. . . .from July, 1904 to Dec. 31, 1915 including special report to April, 1906. Italy. Ufficio del lavoro. Statistics del lavoro negli stabilimenti penali dell’ anno 1908 , Roma, 1911. Kansas. Bu. of labor and industry. Convict labor (Its 19th annual report) 1894. LiSzt, Franz von. Prison labor.... Tr. by A. B. Salant. . . .1910. 19p. Mass. Board of prison commissioners. ..Special report upon the prison industries. .. .Boston, 1912. lOp. (House no. 1643). Bu. of statistics of labor. Convict labor (Its 10th & 11th annual reports, 1879, 1880). Michigan. Bu. of labor and industrial statistics. Convict labor (Its 4th annual report, 1886) Michigan. Joint prison and affiliated board. . . . .Proposed prison legislation, present laws in force, and reasons why changes are desirable, incl. the proceedings for 1912. 76p. Governor Warner. Message. .. .to the 45th legislature, relative to the employment of convict labor, Mar. 27. 1909. National committee on prison labor. N. Y. City. ... .Importance of the prison labor problem; a proposal for a com- prehensive investigation of the problem. .. .resolutions . and a ten- tative survey of the field.... N. Y. , 1910. 6 numb. 1. Typewritten Minutes of the Committee meeting N. Y. , 1910. Penal servitude. .. .N. Y. National com. on prison labor, 1912. 162p. Prison labor leaflets; No. 3, Prison labor in Governor’s messages. 1911; No. 4, Prison labor in party platforms. 1910, 1911; No. 8, Prison labor movement, 1910-11, Tenative bibliography on prison labor. N. Y. , 1910. 4 1. Typewrit- ten. National free labor association. (822-4 Broadway, N. Y.) Bulletins. National conference on charities and corrections. Guide to study of proceedings. National prison association. Reports. N. Y. (State) Legislative assembly. Special com. on convict labor in penal institutions of the state. Report April 28, 1899. N. Y. , 56p. Ohio. Bu. of labor sta.t. Convict labor. (Its 25th annual report. 1901). Special report on prison labor, 1910. 45p. Commission on contract labor system in the Ohio penitentiary. Report.... on examination into contract labor systems in the Ohio penitentiary. Columbus. 1884. 47p. Ohio. Commission on prison reform. Prison reform. Report. . . .Ohio state reformatory. (1913) 9p. Pennsylvania. General assembly. Joint special com. on contract convict labor. Report. .. .with accompanying testimony. Jan. 16, 1878. Harris- burg. 1878. 269p. Seut'ter, Leonore. Die gefangnisarbeit in Deutschland. . . .Tubingen, Mohr. 1912, 207p. 107 Texas. Superintendent of state penitentiaries. Address of T. J. Goree....on the penitentiary leases Austin, 1883. 14p. U. S. Bureau of labor. Convict labor. (Annual report, 2d 1886; 20th, 1905; 22d, 1907.) Convict labor. (Its Bulletin 5, July, 1896) II U. S. Cong. House. Com. on labor. Convict made goods in interstate commerce. Report, 1912 (62 Cong. 2d sess. H. R. no. 222). Hearings before sub-committee no. 4, com. on labor, April 1, 8, 13, 1908. 173p. Hearings before sub-committee no. 4, Committee on labor, Mar. 8 &10, 1910. 153p. Competition of penal labor. (H. R. 12000, 12001, 21322). Hearings before sub-corn. no. 2, May 25 &26, 1910 (61st Cong., 1910) (H. R. 3646) 60p. Industrial com’n. Report on prison labor. Wash., 1900. 66p. (The Commissions re- ports, v. 3) •' Digest of existing statutes of the state. .. .relating to prison labor. (The Commission’s reports, v. 5) Whitin, E. S. Prison labor ... .Reprinted from publications of the Acad, of pol. & soc. science, v. 2, no. 4, N. Y. , 1912, p. 159-163. ....Prisoner’s work. Boston, Amer, Unitarian asso. (1913) 26p, (Amer. Unitarian asso. Dept, of social and public service. Social service series. Bulletin no. 27) Wisconsin. Bureau of labor and industrial statistics. The binder twine industry as a prison employment. 1909. (Its 14th biennial report. Pt. 3) Wright, C. D. Prison labor. Wash., 1899, p. 403-23. Reprinted from Catholic univ. bulletin, Ont. , 1899, v. 4 no. 4. USE OF CONVICT LABOR ON ROAD WORK. List of References to Books, Pamphlets and Periodicals in DAVIS LIBRARY OF HIGHWAY ENGINEERING, Columbia University. Supplied by National Committee on Prisons and Prison Labor. Penal Servitude. E. Stagg Whitin. Published by the National Committee on Prison Labor. N. Y. (Brief summary of the finding of the Na- tional Committee). Caged Man. E. Stagg Whitin. Published in Proceedings of the Academy of Political Science, Columbia Univ. N. Y. C. Vol. Ill, No. 4, July 1913. (A summary by states of existing legislation in the U. S. on the treatment of prisoners.) Good Roads and Convict Labor. Published as Proceedings of the Academy of Political Science, Vol. LV, No. 2, January 1914, (Contains “Prison Industries of the State of Wisconsin” by E. Stagg Whitin; and “Use of Convict Labor for Highway Construction in the North” by Sydney Wilmot. Contains a bibliography covering the North- ern states and the publications of the National Committee on Prison Labor.) Annals of the American Academy of Political and Social Science. Vol. xlvl. No. 135, March 1913. Contains many papers on prison labor. 108 Good Roads Yearbook of U. S. for *1914, Published by American Highways As- sociation. p. 89-98. Digest of convict labor laws. Prison Labor Leaflets. Published by National Committee on Prison Labor. No. 2 Making roads through prison labor, 1911. 3 Prison labor in Governors’ messages, 1911. 4 Prison labor on road work in party platforms. 5 Prison labor Movement, 1910-1911. 6 Trade Unions and prison labor, 1912. 7 Prison labor in the party platforms of 1911-12. 8 Prison labor in Governors’ messages, 1912-13. 13 Why I could not pardon the contract system, 1913. 14 Prison labor on public roads. T. J. Tynam, 1913. 19 Prison labor reform in New Jersey, 1913. CONVICT LABOR ON ROAD WORK. Substitutes for convict lease system. E. Stagg Whitin, Typewritten copy. (to obtain efficiency in working convicts on roads the organization into grades and subdivisions should be carefully worked out. Con- victs should be paid according to a fixed scale by grade and amount of work they do. Road building with convict labor in the Southern States. J. A. Holmes office Public Roads Inquiries. Reprint from Yearbook Dept. Agriculture, 1901. (Also in Eng. News, November 20, 1902.) Notes on the employment of convicts in connections with road building, com- piled by Roy Stone. U. S. Dept. Agriculture O. P. R. Bull. 16. Honor men and good roads everywhere. E. Stagg Wihitin and Charles H. Davis. Published by National Highways Association. Wash., 1914. Economics of convict labor in road construction. Jos. H. Pratt, North Carolina Geological and Economic Survey. Good Roads Circular No. 97. February 1914. Convict labor on road work. Samuel Hill , Proceedings of the 9th Annual Con- vention of Amer. Road Builders’ Association, 1912. p. 257. Contains a discussion. Also in Good Roads, January 4, 1913. Details of arrangements for the use of convict labor. Jos. II. Pratt, Pro- ceedings of the 10th Annual Convention Amer. Road Builders’ As- sociation, 1913. p. 75-86. Discussion, p. 86-106. Also in Good Roads, January 3, 1914. p. 26-36. Better Roads, February, 1914. p. 12. Colorado State Highway Commission. 2nd Biennial Report, 1912. Road laws of Colorado, pp. 95-96. Illinois State Highway Commission. 4th Report. 1913. Statute concern- ing convict labor and road materials, pp. 21-23. Maine State Highway Commission. Statutes relating to roads, 1914. Chapter 20, pp. 53-54. New Jersey — Commissioner of Public Roads. 20th annual report, 1913. Law providing for use of prisoners on roads, pp. 157-158. New York State. Road Red Book. 1906. Employment of prisoners under sentence in county jails, pp. 92-98. North Carolina — Geologic and Economic Survey. Economic Paper No. 27 Highway work in N. C. Tables of data on use of convicts in road construction, pp. 67-72. Ohio State Highway Dept. Bulletin 5. Convict labor for road improvement. Oklahoma Special Committee Substitutes for House Bill No. 39-96, as amended by the Senate. Sect. 50-51. 1909. Utah State Roads Commission — 2nd Biennial Report, 1911-12. Prison labor laws and report of work done by convicts during 1911-1912. pp. 7-8; 17-33. Utah State Roads Commission — Road and highway laws. 1912. p. 44. Virginia Convict Labor Law Chas. T. Lassiter. (Papers, etc. of the American Road Congress, Richmond, November 1911. p. 181.) Virginia State Highway Commission. 1910. Rules and regulations under which convicts will be furnished contractors for work on public roads. Virginia State Highway Commissioner, 7th annual report for 1913. Tables showing comparison of cost of roads built with free labor and con- vict labor, pp. 5; 85-87. 109 West Virginia State Road Bureau. Joint Bull. No. 4, 1914. Prison Labor. Washington State Highway Board. Road Laws of State of Washington, 1913. Section 146, 147-148; 415-419; 444. CONVICT LABOR ON ROAD WORK. Reference to Periodicals. Canada — Canadian road building. W. A. McLean. (Good roads, January 1911. pp. 35-37. 20w) United States — State highway data. (Municipal Jour. May 1, 1913. p. 612) Convict labor in road improvement, E. Stagg Whitin and Jos. H. Pratt, (Good Roads, November 2, 1912. p. 189. 900w r .) Convict and road building. E. Stagg Whitin. (Southern Good Roads, June 1912. p. 16. 170w.) Spirit of convict road building. E. Stagg Whitin. (Southern Good Roads, December 1912.) U. S. South. — Why convicts should be w r orked on the public roads. H. B. Varner. (Southern Good Roads, September 1913. pp. 22-23.) U. S. South. — Road ideas for the South. M. 0. Eldridge. (Good Roads, Feb- ruary 1911. p. 66. 800 w.) Convict labor as substitutes for state aid. U. S. South. — Defects in southern road laws, D. H. Winslow. Southern Good Roads, July 1912. p. 10. 1800w.) Alabama — Cost data on state aid road in Alabama constructed with convict labor. R. P. Boyd (Eng. and Cont. September 25. 1912. p. 345.) Alabama — Cost accounting system for contract convict and hired labor forces used in Alabama. R. P. Boyd. (Eng. and Cont. Je. 24, 1914, p. 743.) Arizonia — Highway laws in Arizonia. (Good Roads, April 4, 1914. p. 217.) Arkansas — Recent higlrway legislation. (Good Roads July 5, 1913. p. 8-9. 1500w.) California — Use of convicts on roads in California. W. Fairchild. Pacific Builder & Engineer, November 17, 1911. p. 347.) Colorado — Road building by convict labor in Col. T. J. Tynam. (Good Roads, November 4, 1911. p. 237-240. 3000 w. Illus.) Colorado — Convict labor in Col. (Engineering Record, December 16, 1911.) Colorado — Convict labor on Col. roads. (Better roads, May, 1913. p. 32.) Colorado — Road work by convict labor in Col. (Good Roads, June 7, 1913. p. 320.) Florida — Convict cages for highway work. (Good Roads, March 15, 1913. p. 178.) Georgia — Convict labor on Georgia Roads. (Good Roads, July 8, 1911. p. 440.) Georgia — Con vie t labor on a standard pavement. (Munic. Eng., October, 1904.) Georgia — Comparison of the methods of controlling convict labor in States of Georgia & Tennessee. (Southern Good Roads, July, 1914. p. 27.) Georgia — Use of convicts on public roads of Georgia. (Eng. Record. August 5, 1911.) Kentucky — Quarrying with city prisoners, Louisville, Ky. G. D. Grain, Jr. (Municipal Journal, July 2, 1913. p. 1-2. lOOOw.) Louisiana — Road conditions in Law. (Better Roads, December, 1913. p. 5-9; 56.) Louisiana — Cost of road construction by convict labor. (Eng. & Cont. July 10, 1912, p. 47. lOOw.) Louisiana — Cost of convict labor on Louisiana Highway construction. W. E. Atchinson, (Eng. & Cont. December 12, 1913. p. 538. 300w.) Michigan — State highway supervision in Michigan. T. A. Ely. (Better Roads, April, 1912. p. 91-94. 3100w.) Missouri — Quarrying with prisoners in St. Louis, Mo. Harry M. Crutcher. (Municipal Journal, June 4, 1914. p. 809 — ) Montana — How to mould public opinion. A. J. Galen. (Good Roads August 5, 1911. p. 80-81. 1600w.) Discussion of the Trusty system in Mon- tana. New Jersey — Convict labor in New Jersey. (Munic. Journal, June 4, 1914.) New Jersey — Prisoners on road work strike at Milton, N. J. (Municipal Jour- nal, July 16, 1914. p. 79.) New York — Convict labor on roads in Cayuga County, N. Y. (Good Roads, November 1, 1913. p. 232.) 110 New York — An experiment with road construction 'by convict labor in Onon- daga County, N. Y. (Eng. & Cent. February 28, 1912. p. 242-43. 3500w.) North Carolina — Suggested legislation for State aid to counties in Public road work. J. H. Pratt. Southern Good Roads. January, 1911. p. 23.) North Carolina — Use of convicts in road improvement, Jos. A. Holmes. (Pub- lic Officials Magazine, October, 1911. p. 3105-308. 2300w.) North Carolina — Wide Tires and other features of the good roads problem. J. A. Holmes. (Southern Good Roads, October, 1912. p. 1 — -) Tennessee — Convicts to build turnpikes. 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