SOUTH DAKOTA.

There is no system for the employment of convicts at the State penitentiary. The warden states that some system should be devised for the employment of prisoners within the walls. The laws in regard to prison labor are very incomplete and should be thoroughly revised. Prison labor in the State does not conflict in a marked degree with free labor.

TENNESSEE.

The present system of employing convicts at the penitentiaries under the pieceprice, contract, and State-account methods are in the main satisfactory. The board of prison directors state that

"The industries in which the prisoners are engaged are so diversified that the product of no one line are of sufficient importance to seriously compete with any similar industry employing free labor. In none of the lines in which the production is the heaviest is there similar manufactures in this State to a large extent. The most extensive output from the prison is shoes and ladies and children's hosiery. These articles are not those of extensive manufacture in this State."

TEXAS.

The superintendent of the State penitentiary gives the following information relative to the conditions of employment at his institution:

"Under the present management we have been able to make the penitentiaries more than self-supporting. By reference to the report of the financial agent it will be seen that on November 1, this year, we had on hand a cash balance of $136,801.45. However, I am unalterably opposed to the lease system and believe it should be abolished, for the following reasons:

First, there is too much uncertainty attending such a system, at remunerative prices.

"Second, humanity demands that the State-account system should be adopted. "After a long experience I am thoroughly convinced that no sort of supervision can be inaugurated that will absolutely prevent abuses under the contract system. I repeat what has been said before in this report, that it is gratifying to me to be able to report that the change in contracts which provides for the State feeding all convicts is a long step in the direction of State account and reform. Indeed, it is pleasing to be able to say that I have not had a complaint with reference to food since the change was made.

Farming on State account is no experiment. By reference to the report of the plantation situated in Fort Bend County and known as the Harlem plantation it will be seen that second-class negroes, such as are employed on this place, have been more profitable to the State than first-class labor, such as hired or leased to .contractors. Therefore, I renew my recommendation of former years with reference to the State buying suitable lands, where short-term convicts may be employed on State account.

It is clear to my mind that if the State owned sufficient lands to work all the convicts now employed under the lease system it would not be a great while until the profits would go a long way toward paying expenses of the State government. It may be said that agricultural products are low, which is true, but my plan would be to go into sugar raising as rapidly as possible, thereby taking the convict labor out of competition with the cotton farm, and at the same time produce that which is much more profitable.

"I would suggest that some law be passed by the legislature requiring that every institution in this State should be required to purchase any and all goods from the penitentiary, such as boilers, engines, furniture, wagons, buggies, carriages, etc.: providing, however, that no greater price shall be paid than the same goods may be bought elsewhere.

"I can see no good reason why the State's money should be sent out of the State when it can be used among its own departments. Such laws are now in force in some of the States, and work admirably, providing employment for very many convicts in the manufacture of such goods as are desired by other departments of the State government."

The officials of county jails furnish the following statements:

"The State should furnish convicts labor or let them remain idle. There is no doubt that contractors abuse their convicts, and any man with ordinary sense knows that you can never reform criminals by abusing them.

"The State should not be allowed to manufacture articles for sale. It is now selling furniture manufactured by convict labor cheaper than that manufactured by free labor can be sold.

"The State should cultivate enough land to make the penitentiary self-supporting.

"Ten years' hard labor by convicts on lease farms either kills them or ruins their constitutions. It is a well-known fact that the present system of controlling convicts not only ruins what little moral character they have left, but seems to destroy the very basis on which all moral character is built.

"Counties should own farm land on which to work county convicts."

UTAH.

The present system of working convicts in constructing public buildings and caring for the same and in agricultural pursuits, also manufacturing on public account, is giving general satisfaction, and it is recommended that the facilities for such diversity of employment be extended.

VERMONT.

The contract system as in use at the State prison appears to be giving satisfaction. The officials claim that there should be a wider system of industrial training. There is no better way of employing convicts than to leave the entire matter in the hands of a good board of directors.

Convict labor does not materially compete with free labor. No law should be passed designed to prohibit productive labor of prisoners. Legislation should proceed with great caution, prisoners themselves have a right to employment. The best method of employment is in trade schools, and otherwise upon such articles as are used in State, county, and municipal offices and institutions. The contract system is not desirable.

The number of convicts employed is so small as compared with the number of free laborers that their work does not compete with free industry.

VIRGINIA.

The contract system as now in use at the State penitentiary has given satisfaction. Farming operations in connection with the penitentiary have been of great assistance.

The best work for jail prisoners appears to be on the public highways, under direction of competent road builders.

WASHINGTON.

The employment of convicts at the penitentiary in the manufacture of jute bags and burlap under the public-account system and on the State farm and in workshops connected with the institution have given satisfaction, for the reason that it does not in any way compete with free labor.

Both the moral and physical effect is always better when prisoners are constantly employed. Any system of employment where their labor does not compete with ordinary citizens' labor is desirable.

The law admits of the working of prisoners upon the public highways, and it would be hard to improve upon such a system. It does not compete with free labor and is entirely for the public benefit.

The best system of employment for convicts is upon the construction of large public improvements which would not otherwise be undertaken.

WEST VIRGINIA.

Convicts at the State penitentiary are employed within the prison walls under the contract system. This system as conducted is considered to be to the best interests of the State and is humane and conducive to the health and well-being of the convicts. It does not conflict with the interests of free labor.

The officials of the county jails state that the present law, providing that convicts may be worked on the public roads, would give entire satisfaction if enforced.

WISCONSIN.

The employment of convicts at the State prison under the contract and publicaccount systems is satisfactory, especially the results that have been reached under the contract system. The warden states

"That the contract system is the least injurious to free labor, and that in his opinion the effect upon free labor is very trifling, as the amount of work done by a convict is not much over one-half the amount that is performed by a free laborer. The officials of other institutions make the following statements:

"Convicts at the State prison should be employed in making macadam and fixing the roads and not in the manufacture of shoes and clothing, to be sold on the open market in competition with the products of free labor.

“Our prison does lots of work that takes employment away from laborers, and it would help free labor if the prison stopped the manufacture of clothing and shoes.

"The inmates of the industrial school for boys should all be employed in the shops or on farm work, and also attend school.

"I do not believe in the contract system for prisons. I would have about three good shops, the character to be determined as in any other business, and the products sold on the open market.

"Every time a man works he is in competition with every other man that works when they are in the same competing group. The only way to avoid com

petition is to have the prisoners idle."

WYOMING.

The penitentiary and the convicts are leased. The lessee has the privilege of working the convicts. This is considered as the best system that can be devised in this State under the present conditions.

APPENDIX.

SUMMARY OF CONVICT-LABOR LAWS.

The following statement presents a summary, by States, of legal provisions in force in the United States in 1898, relating to systems, hours, and kinds of convict labor; to the regulation of the sale of convict-made goods, so far as such regulations tend to establish or limit prices, or to prescribe rules governing the business of dealing therein; and to the diminishing of competition between convict and free labor.

ALABAMA.

CONTRACT SYSTEM.-Code of 1896, secs. 4463 and 4498 make general provision that State convicts shall be hired or employed at such labor, in such places, and under such regulations, as may be prescribed by the authorized authorities, having in view the end of making the system self-sustaining; and that contracts may be made "for the hire of the labor" of State convicts, by the day, month, year, or term of years, the State in such case controlling and supporting the convicts.

LEASE SYSTEM.-Secs. 4476, 4477, and 4478 provide for the leasing of State convicts, and require that all hiring of them must be per capita; that not less than 50 such convicts shall be hired to one person or kept at one prison, except that less than 50 may be worked in the county where they were convicted; that such convicts must be classed or tasked if hired to work in mines; and that no such convict must be worked at a different place or occupation than that expressed in the contract, or be rehired, or placed in the keeping or control of any other person than the contractor, without authorization by proper State officials.

Secs. 4521, 4527, 4529, and 4534 authorize the hiring of county convicts to labor anywhere within the State, the place and kind of labor to be restricted to that expressed in the contract of hiring; and such convicts must not be sublet or rehired, unless authorized by proper county authorities.

PUBLIC-ACCOUNT SYSTEM.-Secs. 4514 and 4516 authorize the employment of State convicts at farming or other labor on any land owned by the State, and provide that any part of the net income derived from State convict labor may be applied to manufacturing, "looking to the more permanent employment" of the convicts.

PUBLIC-WORKS-AND-WAYS SYSTEM.-Secs. 4521, 4522, 4528, 4529, and 4530 authorize the employment of county convicts on public roads, bridges, and other public works in the county where convicted, it being provided that no female shall be required to labor upon any public highway.

HOURS OF LABOR.-The statutes of Alabama contain no provision regulating the hours of convict labor.

KINDS OF LABOR.-Manufacturing, farming, and employment upon public works and ways and in mines.

SALE AND COMPETITION.-The statutes contain no provision regulating the sale of products of convict labor or for diminishing competition between convict and free labor.

ARIZONA.

LEASE SYSTEM.-Acts of 1895, No. 19 provides that the labor of the inmates of the Territorial prison and reform school may be leased, on contract with a responsible person or persons, without obligating the Territory "to furnish tools, machinery or money, or make other expenditure other than the labor of the inmates, properly clothed and fed, and the proper guards for the same, together with the use of the property, buildings and lands;" and that no contract or lease shall be made for a longer period than 10 years. The labor of the inmates may be performed either inside or outside the prison or reformatory confines. It is also provided that the buildings and property connected with the insane asylum, prison, and reform school may be leased for the purpose of furnishing employment to the inmates of the prison and reform school.

PUBLIC-WORKS-AND-WAYS SYSTEM.-This act authorizes the employment of convict labor upon public works, by stipulating that the labor of the inmates of the institutions named shall not be leased when it is required upon the buildings or property thereof.

Revised Statutes of 1887, Sec. 2459, provides that prisoners in the county jail may be required to perform labor upon the public works and ways of the county.