CONVICT LABOR.

Probably no other question pertaining to the interests of labor has attracted more attention than that of contract convict labor, or the forced labor of our State prisons sold under State authority to those who choose to become bidders or contractors for it. Unlike other features. of the labor problem, this has a two-fold importance attaching to it, in that it receives the unqualified condemnation of both employer and employe as alike injurious to their mutual interests. It is but necessary here to refer to the strong and unmistakable expression of opinion furnished by both parties.

Regarding the question as one of the most intricate, and one which has taxed the powers of writers of authority in social and political science, all the light which could be obtained by the Bureau to enable the Legislature to deal intelligently and wisely with the subject, has been sought and presented in these pages.

In the diverse views embodied in the testimony as to the best. method of abolishing the system, there is little to help towards a solution of the difficulty.

In view of the fact that some of the leading industries of the country have suffered severely from competition with prison labor, and that the demand for its abolishment, or a change from the present system, is imperatively called for by those whose labor and capital are placed at a ruinous disadvantage, the history of our State Penitentiary, showing the legislative action of the past on convict labor, will, no doubt, prove of valuable assistance as a guide in the much needed legislation of the present. The gravity of the question seemed to demand that only in the light of past experience could anything of practical value be brought to view.

It was, therefore, after consultation with those able to counsel in the case, that Mr. P. T. Miller, of Jefferson City, Warden of the Penitentiary from 1861 to 1865, by request of the Bureau, kindly consented to furnish the following valuable summary of the penal legislation of the State from its commencement to the present time:

-CONDENSED STATEMENT OF THE LEGISLATION CONCERNING THE PENITEN

TIARY.

The original act erecting a Penitentiary at the City of Jefferson, was passed January 16, 1833. The first appropriation was made under this act for $25,000, to be expended under the supervision of two commissioners, and the building was required to be completed and ready for the reception of prisoners on or before the first day of October, 1834. The stone work was let for $2.50 per perch.

Under the act approved March 18, 1835, the Warden system was adopted, under the control of three Inspectors, to consist of the Auditor, Treasurer and Attorney-General. The Inspectors had the power to remove any officer of the Penitentiary, not excepting the Warden.

The salary of the Warden was fixed at $750; physician, $100; overseers, $200; and guards, $132 per annum. No prisoners were received prior to January 1st, 1836.

The Warden, under the law, was the chief executor and financial officer of the concern, and he was only allowed to employ four guards, and was compelled to work the convicts inside of the walls; but under the law approved February 6, 1837, he was authorized to employ six guards, and was at liberty to employ the prisoners outside the walls, if he could do so advantageously.

The first Warden of the Penitentiary was George Lewis Bolton; he resigned the 10th day of April, 1838. Under date of November 29th, 1838, W. S. Birch, who succeeded George L. Bolter, reports 46 prisoners confined within the prison, one having been pardoned since the 1st inst.; the rest of the convicts were employed as follows: 7 in blacksmith shops, 10 at brick-making, 8 at wagon-making, 4 in cabinet shop, 1 at painting, and the balance who were able to work, were employed in clearing out rubbish. The majority of them were young and able-bodied men, and were hearty, with some exceptions.

Under the act approved February 11, 1839, the Penitentiary was leased to John C. Gordon and Wm. S. Birch for a term of four years, and were to give bond in the sum of $30,000, with 4 or more securities. The lessees were required to erect at least one wing of cells, and perhaps two within the next two years, as contemplated by the plans, at

the discretion of the General Assembly. They should close up the present gate-way and erect one in such part of the walls as shall be directed by the Board of Inspectors, with a wall projecting on each side of the gate 60 feet long and of same height with the exterior walls, with a similar wall uniting other improvements, as may be directed by the board of directors; for which the keepers or lessees are to be paid by the State, as the work progresses, quarter-yearly, at the usual rate of similar work in the City of Jefferson. And in consideration of the privilege hereby granted, said keepers or lessees shall, at the expiration of said term (4 years), pay to the State of Missouri the sum of $6,500.

The State advanced to said keepers or lessees the sum of $4,000.00, to be paid on or after the 15th day of February, to enable them to carry on said establishment, out of any money in the State Treasury not otherwise appropriated, which said keepers shall refund to the State at the expiration of said time, with interest on the same at the rate of 6 per cent. per annum.

The inventory of tools, etc., charged to lessees, Gordon and Birch, was as follows: Inventory, $4,906.02; loan, $4,000.00, and they were credited as follows: For work done in 1840, $20,110.95; for work done in 1841, $11,443.21. Under the following resolution, dated February 28 1843, this account was balanced:

"Resolved, That whenever the said Gordon & Birch shall file with the Secretary of State assent to the settlement this day made by the Committee on the Penitentiary, showing no indebtedness whatever on either side in the accounts of the said Gordon & Birch and the State of Missouri, that then it shall be the duty of said Secretary of State to cancel the bond of said Gordon & Birch by writing across it, in large letters, the word 'canceled,' and thenceforth the said bond shall be considered as no longer binding on said principals and securities on said bond."

Under the act approved January 6, 1843, Ezra Richmond and Joseph Brown became the keepers and lessees of the Penitentiary for a term of ten years, for the following sums:

1

Under the act approved March 26, 1845, Richmond & Brown were authorized to sub-lease the Penitentiary to Thomas L. Price, John S. Blain, Wm. Tompkins and Jas. Brown, upon the same conditions; and the same amount of bond was required as was imposed on the original lessees. Under a joint resolution approved March 24, 1845, the Inspectors were authorized to credit the lessees with $4.00 per convict either discharged or pardoned.

Under joint resolution, dated January 25, 1847, "the rent of the Penitentiary now due and to become due from the lessees, shall not be collected from them so long as the amount to which they are entitled for work done by them on the new block of cells, now in progress, shall exceed the amount of rent due; but the amount to which they may entitled for work thus done may be set off against the rent."

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Under act approved March 10, 1849, the chaplain was authorized to expend $200.00 in the purchase of books for the use of the convicts.

Under joint resolution adopted March 10, 1849, the lessees were authorized to remove the eastern block of old cells and use the material in the erection of shops.

Under act approved March 3, 1851, the lessees were authorized to erect machinery, and to remove the same at the end of their lease; to repair center building; to erect hospital; and to be credited with $1,500.00 in abatement of rent in consequence of losses sustained by fire, and money paid discharged convicts.

Under the act approved February 16, 1853, the present Warden system was adopted. The officers to be appointed by the Governor were Warden, Factor, Clerk and Physician. The Deputy Warden and other officers and servants were appointed by the Warden. The officers were to receive the following salaries: Warden, $2,000.00; Factor, $1,500.00; Deputy Warden, $800.00; Clerk, $600.00; Chaplain, $200.00; Physician, $500.00; and the other officers to receive such salaries as may be agreed upon between them and the Warden.

Under the law of 1873 the Penitentiary was leased to Charles A. Perry, Elias H. Perry, Waller Young and James R. Willis, principals, with Benjamin W. Perry, C. J. Messmer, S. A. Young, Anthony Grubb, Elias W. Fox and B. H. Riddle as securities, for a term of ten years, for one thousand dollars. The amount of the bond was $200,000.00. Under this act all the personal property belonging to the State was sold to the lessees at an appraisement by disinterested parties, and amounted to $14,234.83, and the State entered upon a new system of prison management, from which it subsequently learned such a lesson that hereafter no sane man, of the present generation at least, will dare to propose a similar experiment.