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Systems of employment. The contract system is prohibited for the labor of inmates of the State reformatory and apparently of the penitentiary as well. The pieceprice and State-use systems are prescribed; and, for county convicts, presumably the public-account system also.

Regulations.—While employment in the penitentiary is under the piece-price system, a reasonable number of convicts may be employed by the contractors by the day, week, or otherwise to perform necessary auxiliary labor.

The labor of able-bodied convicts must produce for the State not less than 70 cents per day, unless during the first year of sentence or the laborer is entirely unskilled.

Convicts under 22 years of age are to be employed at hand work, when possible, in order that they may learn trades.

The number of convicts employed in any industry may not exceed 10 per cent of the free labor so employed in the State, except in industries in which not more than fifty free laborers are employed.

Convicts may be allowed 20 per cent of their earnings, at least one-fourth of which must accumulate for their use at discharge.

County convicts working out fines are allowed $1.50 for each day's work.

Goods.-All convict-made goods, whether manufactured w.ithin or without the State, must be so marked before being offered for sale in the State.

Source: Annotated Statutes of 1900, sections 4361-48, 6800, 6801, 7364 to 7388-25, 7424, 7432-1.

OKLAHOMA. (ontrol.-The governor is authorized to contract with a responsible person, persons, or corporation within the Territory, or with the proper authorities of some other State or Territory, for the care and custody of convicts. These contracts may be with county commissioners in cases of convicts whose terms do not exceed five years.

Sheriffs have charge of jails, and, subject to rules prescribed by the judges of district courts, provide for the employment of such prisoners as are sentenced to hard labor.

Systems of employment.--Employment on public account and on the public works and ways is authorized.

Regulations.—County convicts may be employed either within or without the jail, and may be kept in restraint by ball and chain or otherwise.

Those held for non-payment of fines are credited with $2 for each day's labor. Sources: Statutes of 1893, sections 5425, 5436, 5440, 5467; Acts of 1903, chapter 24.

OREGON.

Control.—The governor appoints a superintendent of the penitentiary, prescribes rules for the employment of its inmates, and makes inspections at least quarterly.

The sheriff of each county has charge of the jail and prisoners, but their employment is determined by the county court.

Systems of employment.—The contract and public-works-and-ways systems are authorized.

Regulations.—No contract may be made for a longer term than ten years. All labor must be performed within the bounds of the prison inclosure, and no convict may be compelled to work when physically incapacitated.

Ten hours constitute a day's labor, the State to receive therefor not less than 35 cents for each convict.

State convicts employed on public highways are credited with two days on their time for each day's labor.

Discharged convicts receive $5 in money.

County convicts must labor not less than eight hours per day, and are allowed $1 therefor, if held for unpaid fines.

Source: Codes and Statutes of 1902, sections 1033, 3652 to 3686, 4864 to 4869.

PENNSYLVANIA. Control.—The governor appoints boards of inspectors for each of the State prisons; they have power to make rules and provide employment for the convicts, and must visit the prisons twice each week.

Sheriffs have charge of county jails and their inmates, for the employment of whom the county commissioners must furnish proper materials. A prison board in each county determines the labor to be done and the conditions under which it is to be performed.

Systems of employment.---Contract labor is forbidden. The public-account, Stateuse, and public-works-and-ways systems are provided for.

Regulations.--Convicts are credited with quarterly wages equal to their earnings, from which the cost of maintenance and of conviction are deducted, the balance to go to the family of the convict or to himself at discharge.

Not more than 5 per cent of the inmates of any State institution may be employed in the manufacture of brooms and brushes and hollow ware, and not more than 10 per cent in the manufacture of any other article manufactured elsewhere in the State, except mats and matting, in making which 20 per cent may be employed. This restriction does not apply to the manufacture of goods for the inmates of the insti. tution.

No machinery may be used except that operated by hand or foot power.
Eight hours constitute a day's labor.

Discharged convicts receive $5 each if their residence is within 50 miles of the prison; if beyond, they receive $10.

County convicts may be employed on the public grounds and roads; or they may be employed by the borough where the jail is situated for labor on the streets, for which the county receives 35 cents per day for each convict.

Such convicts may be punished by ironing, restriction to a bread-and-water diet, or solitary confinement.

Goods. —Convict-made goods intended for sale must be plainly marked as such, unless intended for shipment outside the State.

Sources: Brightly's Purdon's Digest, 1895, pp. 1076, 1661; Brightly's Digest, 1903,

p. 355.

PHILIPPINE ISLANDS.

Control. — The jail of each province is under the care of the governor or of a jailer by him appointed. Supervision is exercised by the judge of the court of first instance and by the provincial board.

Systems of employment.-- Employment under the public-works-and-ways system is authorized

Regulations. --All able-bodied male prisoners, except those awaiting trial, may be employed on the highways or other public works, such work to be done under the direction and control of the provincial supervisor.

Source: Acts of U. S. Philippine Commission, 1902, pp. 350, 351.

PORTO RICO.

Control.-The governor appoints a director of prisons who makes regulations, to be approved by the attorney-general, as to the labor of prisoners.

Source: Political Code of 1902, sections 154, 159.

RHODE ISLAND.

Control.- A State board of charities and corrections, appointed by the governor, has charge of the penal and reformatory institutions of the State, inspects the same semimonthly, makes rules for the government of their inmates, and provides for their employment.

Systems of employment. The contract system is authorized; also, by implication, the public-account system.

Regulations.-Employment on the State farm is mentioned.

Convicts in the Providence County jail, held for unpaid fines and costs, are allowed 10 cents per day for the first thirty days' labor and 33} cents per day thereafter in reduction thereof.

Source: General Laws of 1896, chapters 285, 289, 291.

SOUTH CAROLINA.

Control.-The general assembly elects a board of five directors which has general superintendence of the penitentiary and of contracts for the employment of convicts.

Courts and municipal authorities are charged with the direction of the employment of county convicts.

Systems of employment.--The lease, contract, public-account, and public-works-andways systems are authorized.

Regulations.-Convicts are to be forever under the supervision and control of officers employed by the State.

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In leasing convicts, preference is given to county supervisors who are to employ them on roads or at clearing out streams. No convict may be hired or leased for farm labor or for phosphate mining.

The lease or purchase of State farms is authorized. Manufacturing is apparently contemplated, under the control of the prison officials.

Ten hours constitute a day's labor, no labor to be required on Sundays or holidays. The races must be kept separate.

For convicts leased to counties the State receives at least $4 each per month, besides maintenance.

Discharged convicts receive each a suit of clothing and transportation home.

County convicts and convicts sentenced for terms of less than ten years may be retained and employed by the county on its roads or other public works.

Sources: Constitution; Criminal Code of 1902, sections 657 to 700; Acts of 1903, Nos. 46, 70.

SOUTH DAKOTA. Control.— The State board of charities and corrections, appointed by the governor, has direction, government, and inspection of the penitentiary, and appoints a warden who is charged with the employment of convicts, the leasing of their labor, etc.

County jails are in the care of the sheriffs, who are charged with the duty of providing tools, etc., for the employment of the prisoners.

Systems of employment. The contract and public-works-and-ways systems are authorized; also, apparently, the public-account and State-use systems.

Regulutions.-Contracts are limited to terms of five years. Stone quarrying and farming may be carried on under the direction of the warden.

Punishment may be inflicted by solitary confinement on a diet of bread and water.

Dischargeil convicts receive clothing, transportation to their homes, and a sum of money not exceeding $5.

County convicts may be employed on streets and highways and may be restrained by the use of the ball and chain. Those held for unpaid fines are allowed $2 for each dar's work.

Source: Code of Criminal Procedure of 1903, sections 645 to 694, 745, 749.

TENNESSEE.

Control.—The secretary of state, comptroller, and treasurer form a board of inspectors who make rules for the government and employment of convicts, and must visit the penitentiary at least monthly.

Sheriffs have charge of the county jails, which may be declared workhouses.

Systems of employment.—The lease, contract, public-account, State-use, and publicworks-and-ways systems are authorized.

Regulations. —No contract may extend beyond March 1, 1909, and not more than ninety-nine convicts may be let to any one contractor or employed in any one industry.

Competition with free labor is to be the least possible, but efforts must be made to procure a diversity of industries.

Convicts must be at all times under the control and supervision of the State. No female may be let or hired out for any service outside the penitentiary.

The hours of labor are ten per day, Sundays excepted.

County convicts employed on highways work eight hours per day. Those held for nonpayment of fines are allowed $1 each for such labor.

Goods. -Coal and coke from the State mines must be supplied to all institutions of the State at cost. Except such supplies, the entire output of the mines may be sold under contract for a term not exceeding six years, on such terms as will procure fair and just returns to the State; or a contract may be made for coking the same. In general, the sale of goods is at the discretion of the board of prison commissioners.

Sources: Code of 1884, sections 1366, 6242, 6266, 6268, 6314, 6328, 6331; Acts of 1895, extra session, chapter 7; Acts of 1897, chapter 125; Acts of 1899, chapters 358, 368, 416; Acts of 1901, chapter 160; Acts of 1903, chapter 40.

TEXAS.

Control.—Three commissioners appointed by the governor form a board which has general control of the penitentiary and of the land, buildings, machinery, etc., in connection therewith. Separate inspectors are appointed to visit places of detention outside the penitentiary.

County farms and workhouses are under the control of county commissioners.

Systems of employment.-The lease, contract, public-account, and public-works-andways systems are authorized.

Regulations.-State convicts are to be hired out under contracts only when they can not be profitably employed on public account, and must never pass from under the control of the State officials.

The State maintains cotton and jute factories, iron smelting works, and one or more farms.

There must be no labor on Sunday, except such as is absolutely necessary.

Punishment may be by confinement in a dark cell, restriction of diet to bread and water, fetters, and, in extreme cases, whipping.

Discharged convicts receive each a suit of clothing, $5 in money, and transportation to the county of conviction or a place not more distant.

County convicts committed for nonpayment of fines and costs may be employed on the public highways, or they may be leased for employment within the county, no lease to be for a longer term than one year.

Those working on the highways are allowed a credit of 50 cents for each day's labor, and those leased are allowed 25 cents for each day of the lease, Sundays included. Not less than eight nor more than ten hours' labor may be required daily except on Sundays.

No female may be required to render any manual service outside the workhouse.

Sources: Revised Civil Statutes of 1895, articles 3653 to 3677, 3714 to 3744; Acts of 1903, chapter 34.

UTAH.

Control.—The governor appoints four members of a board of corrections, of which he is ex officio a member, which has charge of the penitentiary and provides for the employment of its inmates.

Boards of county commissioners are charged with the employment of county convicts.

Systems of employment.-- All contracts for the labor of convicts are prohibited. The public-account, State-use, and public-works-and-ways systems are directed.

Regulations. --Competition with free labor is to be avoided as much as possible. Employment in manufacturing, the construction and repair of buildings and walls on the prison premises, and the construction of irrigation works on State lands are mentioned.

Prisoners are to be classified and employments graded accordingly. Every sentence is to hard labor whether so stated or not.

They may receive 10 per cent of their net earnings, if single, which must be paid them on discharge; if married and having dependent families within the State, they receive 25 per cent, to be delivered to such families.

Eight hours' labor is required daily except Sundays and holidays.
Punishment by the use of the cold shower or lash is prohibited.

Discharged convicts may receive clothing not exceeding $10 in value, and $10 in money.

County convicts may be employed under suitable superintendence on the streets and highways.

Goods.—The warden sells the products not required for State use for the benefit of the State.

Source: Revised Statutes of 1898, sections 511, 2220, 2229, 2242, 2254 to 2266, 2286, 4930.

VERMONT.

Control.—A board of three directors appointed by the governor has charge of the State penitentiary and house of correction, and makes contracts or otherwise provides for the employment of persons sentenced thereto.

No provisions appear relative to the employment of county convicts.
Systems of employment. The contract and public-account systems are authorized.
Regulations.- No contract may be made for a longer term than five years.

Convicts sentenced to the house of correction receive, on discharge therefrom, transportation to their homes.

Source: Statutes of 1894, sections 5172, 5188, 5204.

VIRGINIA.

Control.-A board of five directors appointed by the governor makes rules for the government of the penitentiary and the employment of convicts, and must inspect the penitentiary quarterly.

No provision is made for the employment of county convicts.

Systems of employment.

The lease, contract, public-account, and public-works-andways systems may be used.

Regulations.-Convicts whose terms do not exceed five years may be furnished on the requisition of boards of county supervisors for work on county roads; or they may be employed by contractors engaged in macadamizing any turnpike or other road. Railroad companies to which counties are subscribers may also lease convicts for labor on such railroads. But contractors are in general to employ the labor of convicts as far as possible in manufacturing.

Convicts not otherwise employed may be put at labor on a farm owned or leased by the State. A number may also be employed on the public buildings and grounds and on State Confederate cemeteries.

The tasking system is provided for, and convicts are to be allowed pay for overtime labor. Instruction in the mechanic arts is directed.

Prescribed punishments are whipping, the gag, solitary confinement, and restricted diet.

Discharged convicts receive each a suit of clothing and $10.

Sources: Code of 1888, sections 232, 4125 to 4147, 4154, 4172, 4173; Acts of 1894, chapter 795; Acts of 1903, chapter 201.

WASHINGTON.

Control.—The governor appoints a State board of audit and control, of which he is ex officio chairman, which makes rules for the government of the penitentiary, authorizes the employment of the convicts, and makes monthly inspections.

The sheriff has the custody of county convicts, their employment being within the direction of the county commissioners.

Systems of employment.—The labor of convicts must not be let out by contract. The public-account, State-use, and public-works-and-ways systems are authorized.

Regulations. —No article may be manufactured for sale at the State penitentiary except jute fabrics and bricks, but convicts may be employed at any point in the State at preparing stone for use on streets and highways.

Discharged convicts receive $5 if needed, a suit of clothing, and transportation to the place of sentence or other place not more remote.

County convicts may be employed on roads, streets, or about public buildings. They may be confined by a ball and chain while at work. Eight hours constitute a day's labor.

Goods.-Sales of jute fabrics and bricks must be to consumers, residents of the State, at private sale and for cash only, the price to be not less than the actual cost of production.

Prepared rock must be disposed of in such manner and for such price as will be most advantageous to the State.

Sources: Constitution; Codes and Statutes of 1897, sections 348, 2622 to 2624, 2734, 2747, 2748, 2763, 2764, 2786, 2787; Acts of 1903, chapter 138.

WEST VIRGINIA. Control.—The governor appoints a board of five commissioners which has general control of the penitentiary and of the manufacturing operations carried on therein.

The sheriff is keeper of the county jail, but the employment of misdemeanants held for unpaid fines rests with the county court.

Systems of employment. - As many convicts as possible are to be employed on contracts. Those not so employed may be employed under the piece-price, publicaccount, or State-use systems; or they may be temporarily hired.

County misdemeanants may be employed on public works and ways.

Regulations. —Nine hours are to be a day's labor, to be performed daily except on Sundays and national holidays.

Overtime pay is mentioned, without stating how it may be earned.

County misdemeanants held for unpaid fines are allowed $1 for each day's labor on streets or highways.

Source: Code of 1899, chapters 36,41; chapter 163, as amended by chapter 45, Acts of 1903.

WISCONSIN. Control.—The governor appoints a board of control of five members, which has charge of penal, reformatory, and charitable institutions within the State. This board provides for the government of the penitentiary, has charge of the employment of the convicts, and makes monthly visits of inspection.

H. Doc. 733, 58-24

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