New York City convicts may be employed in quarrying or cutting stone, in cultivating land, in preparing and building sea-walls, or in the manufacture of articles for use in the institutions in which they are confined. Goods.-Dealers in convict-made goods must procure license, the annual fee being $500. Goods made by convicts must be so marked in plain letters. Sources: Constitution; Revised Statutes, etc., of 1901, pp. 810, 840, 2096, 2722, 2727, 2732, 2740 to 2743, 2748; Acts of 1901, chapter 466, subchapter 14. NORTH CAROLINA. Control.-A board of nine directors, appointed by the governor, is charged with the supervision of the penitentiary, the employment of convicts, and the semiannual inspection of the penitentiary and its farms and camps. The boards of county commissioners and mayors and intendants of cities and towns provide for the employment of persons sentenced within their respective jurisdictions. Systems of employment.—The lease, public-account, State-use, and public-works-andways systems are authorized. Regulations.-Hiring may be to railroad companies or to any corporation or individual for a consideration not less than board and clothing. Not less than twenty convicts may be leased to one individual, and the term may be not less than six months; if such hirings can not be made, however, contracts for a smaller number or a shorter term are permitted. Employment on public works is directed; also employment in farms and shops under the control of the prison authorities. Counties and cities may contract for the labor of not more than twenty-five convicts for employment on streets and highways. County convicts and convicts sentenced to terms in the penitentiary of ten years or less may be kept in the county of their conviction and be employed on highways, in the drainage of swamps, etc. Female convicts must not be worked on highways or in chaingangs. Goods.—Goods not necessary for the use of the convicts themselves are to be sold by the superintendent of the prison at the highest market price. Sources: Constitution; Code of 1883, sections 3433, 3448, 3449; Acts of 1885, chapter 195; Acts of 1887, chapter 355; Acts of 1891, chapter 483; Acts of 1897, chapters 219, 270. NORTH DAKOTA. Control.-The governor appoints a board of five trustees who are charged with the general oversight and inspection of the penitentiary. A warden by them appointed makes rules for the government of the convicts and provides for their employment. Sheriffs have charge of county jails and must employ their inmates at hard labor. The county commissioners are jail inspectors. Systems of employment. -The lease and contract systems are forbidden. Convicts may be employed in producing articles on public account or for State use; also on the public works and ways. Regulations.-Farming, the manufacture of brick and of twine and cordage, and employment on roads and public buildings are mentioned. Discharged convicts receive a suit of clothing, transportation to the place of sentence, and not to exceed $5 in money. County convicts held for the nonpayment of fines are credited with $2 for each day's labor. They may be secured by ball and chain or otherwise during the time of their employment. Goods. The price of twine is fixed annually by the board of trustees, which may change the price, however, if it be found to be such as will prevent sales or will not secure a fair return in comparison with the value of like outside products. The sale of brick is in charge of a board consisting of the governor, State auditor, and secretary of state. Source: Revised Codes of 1899, sections 8518 to 8626. OHIO. Control.-The board of managers, five in number, is appointed by the governor to have control of the penitentiary, and makes rules for the government of the convicts and provides for their classification and employment. The government and employment of county convicts are regulated by the court of common pleas or by the county commissioners. 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 within or without the State, must be so marked before being offered for sale in the State. Source: Annotated Statutes of 1900, sections 4364-48, 6800, 6801, 7364 to 7388-25, 7424, 7432-1. OKLAHOMA. Control.-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, Stateand public-works-and-ways systems are provided for. use, 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 institution. No machinery may be used except that operated by hand or foot power. 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. 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. Regulations.-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. Discharged 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 day'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. 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. 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. |