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§ 138. Letting of contract for prison labor; president of board to advertise for proposals for bids. Before letting any contract for prison labor, the president of the board of directors shall advertise for proposals for bids in at least three papers of general circulation in the state, for at least sixty days preceding the opening of the bids and awarding the contract. [G. S. 1915, § 10002.]

§ 139. Period of contract; minimum price per diem for each convict; bid not entertained unless accompanied by bond. Contracts shall be made for a term not exceeding six years, and shall be awarded to the highest responsible bidder, but not at a less price than forty-five cents per diem for each able-bodied convict. No bid shall be entertained unless it is accompanied with a bond of five thousand dollars, which bond shall be conditioned for a faithful compliance with the terms of the bid made if accepted. [G. S. 1915, § 10003.]

§ 140. Board of directors to open and consider bids and award contracts; settlement of questions arising under contracts. The board of directors of the state penitentiary shall open and consider bids and award contracts, and are empowered to act in all matters appertaining thereto, and for the settlement of any question that may at any time arise under such contract for and in behalf of the state penitentiary. [G. S. 1915, § 10004.]

§ 141. Settlement of questions arising between meetings of directors; determination by warden; submission to directors. If any question arises in relation to and under any contract made for the employment of prison labor during the period between the meeting of the board of directors, it shall be determined by the warden, and be repeated by him to the board at the next regular meeting of the directors for their concurrence, rejection, or settlement. [G. S. 1915, § 10005.]

§ 142. Execution of contracts; suits in name of board of directors. All contracts made for the employment of prison labor shall be signed by the president of the board of directors, and shall be between the board of directors and the person, firm or company contracting; and any suit brought under, for or on account of any claims arising out of said contracts shall be brought by and in the name of the board of directors of the state penitentiary. [G. S. 1915, § 10006.]

§ 143. State to retain right to control and govern prisoners; work injurious to prisoners to be forbidden; prisoners to be taught trade; no contracts for employment outside prison grounds; ten-hour day; bond to secure performance of contract, amount and approval. In contracting the labor of the prisoners, the state shall retain the right of full control through the proper officers over them, and shall reserve the right to govern the prisoners, and to change the disciplinary rules of the prison, and to forbid any work or mode or manner of doing the same that is injurious to the health, or dangerous to the person of the prisoners; and the party hiring the labor shall be required, so far as practicable, to teach the prisoner as much of the trade at which he is employed as will enable him to work at the same when discharged from prison. No contract shall be made for the employment of the prisoners outside of the prison grounds. A day's labor shall be ten hours. The bond to secure performance of contract in each case shall be executed to the state of Kansas in such a sum as may be determined by the board; but in no case to be a

less sum than ten thousand dollars nor more than fifty thousand dollars, and to be approved by the board of directors. [G. S. 1915, § 10007.]

§ 144. Warden authorized to mine coal on lands belonging to state; employment of convicts; board may lease or purchase adjoining land; condemnation of land by board; notice; appraisement; filing of report; auditor to draw warrant for payment of amount awarded; report to state whether fee or right of user only is taken; appeal by land-owner; use of land pending appeal. The warden is authorized to mine and take out the coal on the lands belonging to the state upon which the penitentiary is located and adjacent thereto, so far as that can be done without injury to the penitentiary buildings located thereon, and to employ the labor of such convicts as are not required in other departments of the penitentiary or to supply existing contracts in so doing. The board of directors may also lease land adjoining that owned by the state for the purpose of mining and taking out the coal thereon, providing that it can be done at a price not exceeding two mills per bushel, or may purchase and acquire the fee to such land for the state at such reasonable price per acre as shall be agreed upon by the owner and the board of directors and approved by the governor; and in case such right of user or the fee to such land cannot be secured by contract or purchase, the board of directors of the state penitentiary shall have power to lay off, appropriate and condemn for the state the fee or the right of user to such land in the following manner: The board of directors shall appraise the value of the land so to be condemned, and of each owner's interest therein, and assess the damages, if any, to the residue of the tract, all of which shall be embodied in a written report, and forthwith filed in the office of the county clerk of the county in which such land is situated, and shall be recorded in the office of the register of deeds of such county; and upon a statement showing the amount awarded to each land-owner under the provisions of this section, or the purchase-price of such land agreed upon and approved as hereinabove provided, signed by the president of the board of directors, the auditor of state shall draw his warrant for the amount awarded or such purchase-price, payable to the president of the board of directors, out of any funds appropriated for that purpose: Provided, That before proceeding to condemn and appraise such lands as aforesaid, the board of directors shall give notice of the time when and the place where it will commence such proceedings; and the said board shall deposit the money awarded, and in all respects conform in its proceedings under this section as near as may be to the provisions of the law for the appropriation of land for the use of railway corporations. The land-owner shall have the right of appeal, the same as in cases of condemnation by railway corporations; and if upon the trial of such appeal, or in compromise thereof by the board of directors, the award of damages shall be increased, the auditor of state shall, upon a statement thereof as herein above provided, draw a warrant therefor, payable to the president of the board of directors, and the amount thereof shall be paid to the land-owner entitled thereto or to the legal representatives of such land-owner: Provided, That where the purchaseprice of any such land is to be paid to the president of the board of directors upon the warrant of the state auditor, as herein above provided, the money so paid shall be forthwith delivered to the person or persons entitled to such purchase-money or to his or their legal representatives. The report of proceedings under this section shall, in addition

to other matters, show whether the fee to the land, or the right of user only, is taken; and upon the filing of such report, and depositing the amount awarded as herein provided, said board of directors may, notwithstanding the pendency of any appeal, take possession of and use the land so condemned, the same as if no appeal had been taken; and upon the payment of the amount awarded by said board, or on appeal, if any is taken, the fee simple to the land appropriated, or the right to use the same as specified in the report aforesaid, shall be vested in the state forever. [G. S. 1915, § 10008.]

§ 145. Coal for state institutions to be supplied after supplying penitentiary; sale for cash to supply local wagon trade at mines; price. The warden, after supplying the penitentiary with all necessary coal from said mines, shall supply on cars at the mines all the coal necessary for fuel for the state house, the insane asylums and other state institutions which are now supplied by the state, and thereafter he may sell for cash such portion of the surplus coal as may be required to supply the local wagon trade at said mines, at a price not less than one cent per bushel higher than the surplus is contracted to be sold as hereinafter provided. [G. S. 1915, § 10009.].

See § 148, prohibiting sale of coal on the market.

§ 146. Coal mine owned by state not to be leased; employment of convict labor in working and developing mine; use of convict labor on wagon road from penitentiary to limits of city of Leavenworth. The coal mine owned by the state at the penitentiary shall not be leased, but the warden and directors shall employ the surplus convict labor in working and developing the same to the greatest practical advantage: Provided, That the warden may use such portion of the convict labor as may be necessary to keep in repair the wagon road from the state penitentiary to the limits of the city of Leavenworth. [G. S. 1915, § 10010.]

§ 147. Laws repealed by Laws of 1891, ch. 152. All of sections numbered from 6394 to 6456 inclusive, of the General Statutes of 1889, the same being article 30 of chapter 99 thereof, and comprising all of chapter 77 of the Laws of 1868, chapter 101 of the Laws of 1869, chapters 22, 26 and 111 of the Laws of 1871, chapters 26 and 103 of the Laws of 1873, chapter 51 of the Laws of 1874, chapter 100 of the Laws of 1876, chapter 87 of the laws of 1879, chapter 8 of the Laws of 1883, chapter 41 of the Laws of 1887, and chapter 44 of the Laws of 1889, are hereby repealed. [G. S. 1915, § 10011.]

LAWS OF 1899, CH. 171.

§ 148. Coal not to be sold on market, by contract or otherwise. That no coal mined at the penitentiary shall hereafter be sold on the market, by contract or otherwise. [G. S. 1915, § 10012.]

§ 149. Output of penitentiary mine limited to needs of public buildings and state institutions. That the output of coal at the penitentiary mine shall be limited to the needs of the public buildings and institutions of the state. [G. S. 1915, § 10013.]

§ 150. Repeal of Laws of 1897, ch. 163, and acts in conflict herewith. That chapter 163 of the Session Laws of 1897, and all other acts and parts of acts in conflict with this act, be and the same are hereby repealed. [G. S. 1915, § 10014.]

LAWS OF 1913, CH. 304.

AN ACT providing for the payment of a daily wage to prisoners in the state penitentiary and state reformatory and creating a fund for the dependent members of the inmediate families of such prisoners and repealing all acts and parts of acts in conflict herewith.

§ 151. Payment of wages to convicts in state penitentiary and state reformatory; amount of such wages; amount placed in separate fund to be forwarded to persons dependent on such convict for support; proof of dependency; accumulation of fund if there be no persons dependent on convict; use of fund for supplying citizen's clothes, etc.; purchase of small necessities for convict. That the board of directors of the state penitentiary located at Lansing, Kansas, and of the state reformatory located at Hutchinson, Kansas, be directed to pay, out of any general funds belonging to the respective institutions, to each convict employed by the state a sum of money, and such wage shall be not less than ten cents per day and may be raised from time to time above ten cents where in the judgment of the superintendent or board of directors, the work is of such quality and value as to warrant a greater amount, but in no case is the amount so paid to exceed twenty-five cents per day for each day's work performed by the convict above the regular daily task assigned by the warden of the penitentiary or superintendent of the state reformatory while in the penitentiary or reformatory; and that the amount of money thus earned by the convict shall be placed in a separate fund to his credit to be forwarded by the board of directors at the close of each month to any person or persons of his immediate family who are dependent upon such convict wholly or in part for their support, such dependence being shown by a written statement signed by the county commissioners and probate judge of the county in which such dependent person or persons live: Provided, That if there be no such person or persons dependent upon the convict for such support, then said fund shall accumulate to the individual credit of such convict until the close of his term when the board of directors or superintendent shall use a portion thereof to supply such convict with suitable citizen's clothes, and the remainder be given him to assist him in again starting out in life: Provided further, That the board of directors or superintendent may use a portion of such fund as may accumulate to a convict who has no one de-, pendent upon him, for the purchase from time to time of small necessities for such convict. [G. S. 1915, § 10022.]

§ 152. Repeal of acts in conflict with preceding section. All acts and parts of acts in conflict herewith be and the same are hereby repealed. [G. S. 1915, § 10023.]

PART OF LAWS OF 1911, CH. 163.

§ 153. Warden or other official to pay to wife or guardian, etc., of minor child of convict sentenced for desertion or nonsupport of wife or children the amount allowed for labor performed. It shall be the duty of the warden, or other official in charge of the penitentiary or reformatory in which any person is confined on account of a sentence at hard labor, under this act, to pay over to the wife, or to the guardian, curator or custodian or his or her minor child or children, or to an organization or individual approved by the court as trustee, at the end of each week, for the support of such wife, child or children, a sum equal to such amount as may be allowed by law to such convict for each day's hard labor performed by said person so confined. [G. S. 1915, § 3416.]

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§ 154. Unlawful to allow convict to perform labor for private citizens outside penitentiary grounds; employment of surplus convict labor on roads. It shall be unlawful to allow any convict in the penitentiary to perform any labor for private citizens outside of the penitentiary grounds for hire or otherwise, except on the public highways of the state, and the warden shall employ the surplus convict labor in extending and repairing the state and county roads, and upon other work exclusively for the benefit of the state. [Laws 1917, ch. 56, § 3; May 26.]

LAWS OF 1913, CH. 219.

AN ACT providing for the working of the convicts in the Kansas state penitentiary upon the public roads and highways within any county, and upon the streets and alleys within the cities and incorporated towns located within the state of Kansas, and to repeal all acts and parts of acts in conflict herewith.

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§ 155. Convicts may be detailed to work upon roads and highways or streets and alleys upon request of county or city authorities; county or city to pay additional expense of guarding and furnish tools and materials; county or city to pay to warden one dollar per day for each convict furnished; disposition of earnings of convicts after deducting cost of maintenance and retention. Upon the written request of the board of county commissioners of any county or of the mayor and councilmen or mayor and commissioners of any city of the state of Kansas, the warden of the Kansas state penitentiary may detail such convicts as in his judgment shall seem proper, not to exceed the number specified in said written request, to work upon such public roads and highways of such county or streets and alleys of any city or incorporated town within such county, as shall be designated in said written request of said board of county commissioners: Provided, That such county shall pay all additional expenses of guarding said convicts while working upon said public roads and highways within such county, and shall furnish all tools and materials necessary in the performance of said work: And provided, That when said work is done within the limits of any city or incorporated town within such county or city or incorporated town where said work shall be done, shall likewise pay all additional expenses of guarding such convicts while performing said work, and shall furnish all necessary material used in said work: And provided, That the board of county commissioners of any county, or the proper municipal authorities in any city or incorporated town, shall pay to the warden of the state penitentiary a sum of one dollar per day for each convict so furnished by said warden to said authorities: And provided, That the earnings of

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