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U. S. DEPARTMENT OF LABOR
JAMES J. DAVIS, Secretary
B U R E A U O F LABOR ST A T IS T IC S
ETHELBERT STEWART, Commissioner
BULLETIN OF THE UNITED STATES )
BUREAU OF LABOR STATISTICS 9
)
M I S C E L L A N E O U S
• No. 372
S E R I E S
CONVICT LABOR
IN 1923
JANUARY, 1925
W ASHINGTON
GOVERNMENT P R IN T IN G OFFICE
1925
ADDITIONAL COPIES
OF THIS PUBLICATION MAY BE PROCURED FROM
THE SUPERINTENDENT OF DOCUMENTS
GOVERNMENT PRINTING OFFICE
WASHINGTON, D . C.
AT
30 CENTS PER COPY
CONTENTS
Convict labor in 1923:
Introduction________________________________________________ 1-14
Sale in and out of State______________________________________ 14, 15
Sex________________________________________________________
15
Compensation_______________________________________________ 15, 10
Hours______________________________________________________
10
Rehabilitation_______________________________________________ 16, 17
Historical comparison________________________________________ 17, IS
General tables:
T able A.—Number of convicts, and average number employed
at productive labor in State and Federal prisons, by institu
tion_________________________________________J------------19-23
T able B.—Kind, quantity, and value of articles produced, by
system and by institution________________________________ 24-69
T able C.—Value of consumption goods used or sold that were
produced under specified systems, convicts employed on such
goods, and amount received for labor of convicts, by institu
tion and by industry____________________________________ 70-94
T able D.—Average number of State and Federal convicts em
ployed under public works and ways system and value of
constructions, by State_________________________________
95
T able E.—Value of goods sold inside and outside of State in
which produced, by institution_________________________ 96-101
T able F.—Average number of convicts of each sex employed at
productive labor, by institution----------------------------------- 102,103
Competition of prison-made goods:
Introduction______________________________________________ 107, 108
Effect of the marketing of prison-made garments on competing
producers_______________________________________________ 108-166
Bungalow aprons and women’s house dresses____ _________ 108-118
Work shirts and overalls________________________________ 118-124
Binder twine__________________________________________ 125-139
Boots and shoes____ ___________________________________ 139-143
Stoves________________________________________________ 143-148
Cast-iron hollow ware__________________________________ 148-151
Reed and fiber furniture________________________________ 151-154
Wooden chairs________________________________________ 154-158
Brooms and whisk brooms______________________________ 159-164
Whips (all leather)_______________________________________
165
Garden hoes, rakes, etc___________________________________
165
Saddle trees_____________________________________________
166
Laws relating to convict labor:
Introduction________________________________________________
169
Alabama__________________________________________________ 169-171
Alaska_____________________________________________________ .171
Arizona____________________________________________________
171
Arkansas_________________________________________________ 172, 173
California_________________________________________________ 173-175
Colorado_________________________________________________ 175-178
Connecticut_________________________________________________
178
Delaware_________________________________________________ 178, 179
District of Columbia______________ .---------------------------------------179
Florida___________________________________________________ 179-181
Georgia___________________________________________________ 181-183
Hawaii___________________________________________________ 183, 184
Idaho____________________________________________________ 184,185
Illinois___________________________________________________ 185-188
Indiana___________________________________________________ 188-190
Iowa_____________________________________________________ 191,192
Kansas___________________________________________________ 192-194
Kentucky_________________________________________________ 195-197
in
TV
CONTENTS
Laws relating to convict labor—Concluded.
Pag©
Louisiana_________________________________________________ 197-199
Maine____________________________________________________ 199, 200
200-202
Maryland______
Massachusetts________________________________________
202-204
Michigan_________________________________________________ 204-207
Minnesota________________________________________________ 207-209
Mississippi________________________________________________ 209-212
Missouri___________________________________________________ 212-215
Montana___________________________________________________
215
Nebraska__________________________________________________ 216-218
Nevada____________________________________________________ 218-220
New Hampshire___________________________________________ 220, 221
New Jersey_______________________________________________ 221, 222
New Mexico______________________________________________ 223, 224
New York________________________________________________ 224-228
North Carolina____________________________________________ 228-231
North Dakota______________________________________________ 231,232
Ohio_____________________________________________________ 232 236
Oklahoma__________________________,______________________ 236-238
Oregon________________
238,239
Pennsylvania______________________________________________ 240-242
Rhode Island________________________________________
242,243
South Carolina____________________________________________ 243-246
South Dakota_______________________________________________
246
Tennessee_________________________________________________ 247-250
Texas____________________________________________________ 250, 251
Utah_____________________________________________________ 251-253
Vermont__________________________________________________ 253, 254
Virginia__________________________________________________ 254-256
Washington_______________________________________________ 257-259
West Virginia_____________________________________________ 260, 261
Wisconsin________________________
261-263
Wvoming_________________________________________________ 263,264
United States_________________________________________
264,265
BULLETIN OF THE
U. S. BUREAU OF LABOR STATISTICS
no
. 372
WASHINGTON
Ja
nuar y
, 1925
CONVICT LABOR IN 1923
INTRODUCTION
It is now generally conceded that a convict should be kept at work
both tor his own good and for the good of the State, but there is
difference of opinion as to what the work should be and as to the
system under which the work should be done and the disposal of the
product. His idleness means higher taxes for his maintenance,
deterioration of his physical and mental well being, and greater
unfitness for his reentrance into the social and industrial world. On
the other hand, if the convict is put at productive work he produces
some article that directly or indirectly comes into competition with
a similar article made by the free citizen. I f the convict makes an
article even for his own use, free labor does not get the chance to make
that article. I f the convict makes an article that is sold in the open
market there is one article less that might be made by free labor and
the market price for the article is affected by the competition. Fur
ther, convict labor may be so concentrated on one particular kind of
article that the prison article dominates the market almost to the
extinction of the free-labor article. Again, the convict has nothing
to say about the price of his labor; his labor is not mobile, he can not
strike, and he can not be discharged for incompetence. The labor of
convicts, therefore, is a complicated and serious question.
There is frequent demand on the part of legislators, of prison
boards, of manufacturers, and of the public in general for unbiased
authentic information concerning the industrial side of prison adminis
tration. Among the queries that arise are: How many convicts are
employed in productive labor? What are they producing? What
disposition is made of the goods produced by them? How does the
sale of these goods affect free labor? What are the laws of the
country concerning convict labor? etc.
To meet the calls for information, the United States Bureau of
Labor Statistics has made a recent survey of the industrial features
of convict labor, and presents the findings of such survey in this
bulletin. This is the fifth survey of convict labor that this bureau
has made. For prior reports of the bureau on this subject see the
Second Annual Report of the Commissioner of Labor (1885); Bulletin
No. 5, of the Department of Labor (1896); Twentieth Annual Report
of the Commissioner of Labor (1905); and Senate Document No. 494,
Sixty-third Congress, second session, 1914. The data for the last
named were collected but not printed by the bureau.
This bulletin is divided into three sections: The first section covers
statistics collected from the prisons and prison contractors, the second
1
2
CONVICT LABOR IN 1923
section contains evidence given by free-labor employers concerning
the effect of convict-labor production on their business, and the third
section is a compilation of convict labor laws.
The collection of data from the several prisons was started in the
latter part of 1923. The inquiry covers State and Federal prisons
for civilian adults only. It does not include juvepile reformatories,
county or city institutions, or Federal military prisons. Some young
persons are confined with adults in certain institutions, and they and
their labor can not be eliminated. Institutions maintained strictly
as juvenile reformatories seldom produce much that goes into the
general market. I t is understood that a few county and city penal
institutions have shops producing commercial goods, but the funds
available for the bureau’s study would not permit the inclusion of
such institutions. Their omission, however, is of no great significance.
A total of 104 institutions were canvassed, 101 being State institu
tions and 3 Federal. A ll States, and the District of Columbia, were
covered. The New Castle County (Del.) workhouse is included, as
it serves the purpose of a State prison. The institutions bear various
titles, as prison, penitentiary, reformatory, house of correction, workhouse, farm, camp, etc. In some States prison units are reported
separately, in other States they are combined, as will appear in the
tables, depending upon the method of prison accounting.
The report for each institution covers all of the operations during
one full year. I t was not possible to get reports from the institutions
for a year common to all, because of the different times of ending of
the fiscal year in the several institutions. I t was necessary to take
the report for the last fiscal year for which figures were available.
Of the 101 State institutions, 58 are reported for the year ending
September 30, 1923; 12 for the year ending November 30, 1922; 9
for the year ending December 31, 1923; 7 for the year ending Septem
ber 30, 1922; 6 for the year ending June 30, 1922; 4 for the year end
ing M ay 31, 1923; 4 for the year ending September 30, 1923; and 1
for the year ending January 31, 1923. The 3 Federal penitentiaries
are reported for the year ending June 30, 1923.
Special agents of the bureau visited each institution, and practi
cally all of the data were obtained from the several institutions, or
from contractors having wTork done therein under the contract or
piece-price system. The States extended their official courtesy to the
Federal Government and complied with the request for information.
In some cases reports were prepared entirely by the institutions, but
generally the bureau’s agents did much or practically all of the work
necessary in compiling the report from the available records. In a
few instances information as to the value of the goods produced was
refused by contractors, making it necessary to make estimates of
valuation based on inspection of the product and on such information
as could be gathered in the general market.
The average number of convicts in the institutions during the
year reported was 84,761, of wrhieh 79,350 were in State prisons and
5,411 in Federal prisons. Of these 84,761 convicts, 51,799, or 61 per
cent, were employed at productive labor. This number does not
include 25,127 convicts, or 30 per cent, engaged in domestic prison
duties such as cooking, washing, cleaning, etc. The sick averaged
2,C02, or 3 per cent, and the idle 5,233, or 6 per cent. Of the 51,799
convicts employed at productive labor, 6,083, or 12 per cent, were
INTRODUCTION
3
working under the contract system, 3,577, or 7 per cent, under the
piece-price system, 13,526, or 26 per cent, under the public-account
system, 18,850, or 36 per cent, under the State-use system, and 9,763,
or 19 per cent, under the public works and ways system.
The total number of convicts employed in the contract and pieceprice systems combined was 9,660 and the amount paid the institu
tions for their hire was $3,290,777, or slightly more than $340 per
annum per convict. This amount does not, however, include some
money paid the convicts for extraordinary service by way of over
task bonuses.
The lease system so frequently found in operation years ago was
not reported as in effect in any institution canvassed.
The relative importance of the several systems is further indicated
by the value of the goods produced.
In the year covered the value of the goods produced under the
several systems was as follows:
Contract system ____________________________________ $18,
Piece-price system _________________________________
12,
Public-account system _____________________________
16,
State-use system ___________________________________ 13,
Public works and w ays system _____________________
15,
T ota l____________ — ...........- .................................
249,
340,
421,
753,
331,
350
986
878
201
545
7 6 ,0 9 6 ,9 6 0
The value of the products in the three Federal penitentiaries,
which is included in the above statement, was $2,428,081.
A ll goods produced under the contract, piece-price, and publicaccount systems enter into the general competitive market. The
total for the three systems was $47,012,214. Thus 62 per cent of
all goods produced were destined for direct competition on the open
market.
Definition is here given of the several systems under which convicts
are employed, together with that of the lease system now obsolete
so far as State and Federal institutions are concerned.
Contract system .— Under this system the State feeds, clothes,
houses, and guards the convict. To do this the State maintains an
institution and a force of guards and other employees. A contractor
engages with the State for the labor of the convicts, which is per
formed within or near the institution. The contractor pays the
State a stipulated amount per capita for the services of the convict,
supplies his own raw material, and superintends the work.
P iece -price system .— This system differs from the contract
system mainly in method of payment for the labor of convicts. The
State maintains the institution and feeds, clothes, and guards the
convicts. The contractor supplies the raw material and pays the
State an agreed amount for the work done on •each piece or article
manufactured by the convicts. The supervision o f the work is
generally performed by a prison official, although sometimes by the
contractors. The officials of the prison not only maintain discipline
but also dictate the daily quantity of work required.
P ublic -account system .— S o far as the convict is concerned, this
system does not differ from the piece-price system, but for the insti
tution it is entirely different. In the piece-price system the con
tractor finances the business and assumes all the chances of profit
and loss. In the public-account system the State enters the field of
4
CONVICT LABOR IN 1923
manufacturing on its own account. I t buys the raw material, manu
factures and puts the product on the market, and assumes air the
risk of conducting a manufacturing business. The State has the
entire care and control of the convicts and with them conducts an
ordinary factory. The institution may sell the product direct or
through an agent.
State - use system .— Under this system the State conducts a busi
ness of manufacture or production, as in the public-account system,
but the use or sale of the goods produced is limited to the same insti
tution or to other State institutions. The principle of the system is
that the State shall produce articles of merchandise for its own con
sumption alone and shall not compete directly with the business of
manufacturers employing free labor.
P ublic works and ways system .— This system is very nearly
like the State-use system. Under this system the labor is applied
not to the manufacture of articles of consumption but to the con
struction and repair of the prison or of other public buildings, roads,
parks, breakwaters, and permanent public structures.
L ease system .— Under this system the State enters into a con
tract with a lessee, who agrees to receive the convict, to feed, clothe,
house, and guard him, to keep him at work, and to pay the State a
specified amount for his labor. The State reserves the right to make
rules for the care of the convict and to inspect the convict's quarters
and place of work. No institution is maintained by the State other
than a place of detention, where the convicts can be held until
placed in the hands of the lessee and in which to confine convicts
who are unable to work.
Conditions are not always so clearly defined as the above defini
tions would indicate. This is particularly true with respect to the
contract and piece-price systems; for example, a firm may have an
agreement with a penitentiary whereby a stipulated amount per man
per day is to be paid, thus making the agreement fall under the con
tract system. But the agreement may further provide that a cer
tain minimum task or amount of work must be performed in a day,
making the agreement, while classed under the contract system,
partake to some extent of the piece-price system.
Again, the major quantity of an article produced in an institution
may fall under one system, with a minor surplus classed under
another system. For example, an article may be produced pri
marily for State use, yet some of the commodity may be placed on
the generel market, making the minor part fall under the publicaccount system.
Table 1 shows, by State, the number of inmates received and
discharged during the year, the average number sick, idle, and
engaged in duties about the prison, and the average number employed
at productive labor. I t also divides the number employed at pro
ductive labor by systems of work under which they were employed.
Only 20 States, or two-fifths of all, have the contract or piece-price
system of employing their convicts. The public-account system was
found in all States, except Ohio, New Hampshire, and the District
of Columbia, but it was inconsequential in several States. The
State-use system appears in all States and the public works and
ways system in 28 States and in the District of Columbia.
T able
1.—NUMBER OP CONVICTS AND AVERAGE NUMBER EMPLOYED AT PRODUCTIVE LABOR IN STATE AND FEDERAL PRISONS
[For detail by institution see Table A, pp. 19-23]
Number of convicts in institutions
State
2, 755
399
1,293
3; 760
892
987
332
499
1,368
3,547
266
4,469
2,692
1,711
1,239
2,061
1,672
366
1,326
1,760
3,227
1,437
1,577
2,807
350
791
141
146
2,023
358
7,115
1,053
163
4,491
1,186
200
1,051
% 001
752
364
919
1,928
577
1,463
155
1,778
3,791
861
588
968
673
344
1,470
2,631
2,139
807
622
2,444
231
289
113
37
782
520
4,207
307
213
2,066
878
210
1,037
1,768
596
514
888
1,857
534
1,356
136
1,781
3,609
703
611
987
767
344
1,280
2,335
1,910
682
669
2,361
250
286
80
53
995
502
4,744
255
140
2,929
At close
of
year
3,063
'389
1,307
3,993
1,048
837
363
570
1,411
3,654
285
4,466
2,874
1,869
1,216
2,042
1,578
366
1,516
2,056
3,456
1,562
1,530
2,890
331
794
174
130
1,810
376
6,578
1,105
236
3,628
Em
ployed Engaged
at pro
ductive prison
duties
labor
2,553
56
1,053
% 541
795
628
245
220
1,028
3,698
42
2,531
1,369
1,400
881
1,695
1,110
278
1,212
966
2,110
875
1,252
1,813
119
627
30
100
503
193
2,395
935
122
1,751
355
306
153
1,096
161
276
93
303
383
82
60
1,821
1,203
350
266
288
447
53
265
858
544
534
277
830
215
168
55
23
614
168
3,524
94
73
2,070
Sick
80
12
89
127
21
76
6
14
15
42
3
70
202
87
78
51
39
7
12
86
47
70
43
58
5
10
3
14
59
20
285
71
10
165
Idle
Total
9
77
26
36
6
2
175
28
172
14
9
6
54
680
9
127
1
59
1
674
18
308
2
15
142
2,988
383
1,295
3,841
1,003
916
350
539
1,426
8,822
280
4,450
2,946
1,851
1,225
2,043
1,596
* 338
1,495
1,964
3,381
1,488
1,572
2,828
340
805
147
138
1,850
399
6,512
1,102
220
4,128
Average number of convicts at productive labor,
by system under which employed
State
use
534
19
156
1,095
346
102
28
t56
209
340
27
816
452
538
618
155
22
18
60
638
443
282
251
556
74
220
26
2
502
2,243
255
33
1, 751
Public
works
and
ways
264
34
613
379
64
763
3,258
677
28
100
63
455
12
9
497
9
4
44
13
152
559
Public
account
276
3
897
833
70
73
12
56
100
15
1,038
588
224
200
2
633
161
6
322
1,170
584
1,001
1,253
1
107
4
0)
180
(1)
121
89
Piece
price
Contract
1,479
353
205
301
538
1,538
6
IN TRO DUC TIO N
Alabama...............
Arizona......... ......
Arkansas..... ... ......
California......... ....
Colorado...............
Connecticut...........
Delaware..............
District of Columbia.
Florida.................
Georgia.................
Idaho...................
Illinois____________
Indiana............ ....
Iowa....................
Kansas.................
Kentucky............. .
Louisiana.............
Maine..................
Maryland............. .
Massachusetts....... .
Michigan............. .
Minnesota........ ....
Mississippi...... .....
Missouri.............. .
Montana-............. .
Nebraska............. .
Nevada.................
New Hampshire___
New Jersey........... .
New Mexico......... .
New York............ .
North Carolina.......
North Dakota.........
Ohio................... .
1Less than 1.
Dis
At be
ginning Received
during charged
during
of
year
year
year
Average number of convicts during year
87
1,137
300
98
1
Or
T able 1.—N U M B E R O F C O N V IC T S A N D A V E R A G E N U M B E R E M P L O Y E D A T P R O D U C T IV E L A B O R I N S T A T E A N D F E D E R A L
O*
P R IS O N S — Concluded
s
Number of convicts in institutions
A t be
ginning
of
year
Vermont.................. .
Virginia................... .
Washington............. .
West Virginia......... .
Wisconsin.................
W yom ing................ .
Total.............. .
2,157
453
4,462
594
408
2891
1,655
3,156
158
351
1,176
1,108
1,602
1,139
422
Dis
charged A t close
of
du ring'
year
year
Em
ployed
at pro
ductive
labor
Engaged
m
prison
duties
Sick
Idle
T otal
1,511
223
1,705
1,472
354
177
1,418
1,901
156
282
1,041
751
494
664
218
1,516
290
2,004
1,530
230
154
1,364
1,462
124
324
778
793
447
628
251
2,152
386
A 163
536
532
312
1,709
8,595
190
309
1,489
1,066
1,649
1,175
389
1,271
163
987
329
452
232
1,359
2,749
39
243
857
302
1,281
782
264
702
182
1,715
216
75
56
176
600
36
86
561
420
247
358
128
53
7
42
12
10
1
156
125
2
3
21
14
34
32
6
25
72
1,592
13
78,203
50,844
49,942
79,105
48,336
23,566
2,334
2,671
535
1,847
1,482
286
1,548
1,647
344
2,633
2,506
477
2,066
1,270
127
309
1,077
175
Average number of convicts at productive labor,
by system under which employed
State
use
358
83
16
1
2,051
424
.4,336
570
537
309
1,691
3,474
188
344
1,439
1,094
1,645
1,188
399
340
79
783
82
144
122
254
740
29
10
21
286
86
170
52
2,495
4,953
79,350
71
29
7
33
78
169
2,479
2,454
478
20
111
12
Public
works
and
ways
82
Public
account
7
30
550
7
130
7
419
84
13
6
308
110
220
2,009
3
27
116
9
17
150
16,165
9,001
13,510
2,050
541
94
729
33
191
Piece
price
Contract
430
241
885
176
170
135
212
1,048
320
3,577
6,083
3, 577
6,083
FEDERAL
Georgia............... .
Kansas................
Washington........ .
16
Total......... .
5,540
3,615
3,539
5,616
3,463
1,561
107
280
5,411
2,685
762
16
Grand total.
83,743
54,459
53,481
84,721
51,799
25,127
2,602
5,233
84,761
18,850
3,763
13, 526
CONVICT LABOR IN 1923
Oklahoma.........
Oregom.............
Pennsylvania...
Rhode Island...
South Carolina..
8outh Dakota...
Tennessee.........
Received
during
year
Average number of convicts during year
T able 3 . - K I N D , Q U A N T IT Y , A N D V A L U E OF A R T IC L E S P R O D U C E D , B Y S Y S T E M U N D E R W H IC H P R O D U C E D
ST A T E IN S T IT U T IO N S
fFor detail by institution see Table B, pp. 24r-69j
Articles produced and unit
Number and value of articles produced, and system under which produced
Public works
State use
Number
Value
(l)
288,755
13,034
$214
15,454
7,015
514,283
3 24,422,505
165,618
11,828
351,759
72,637
3,041
Number
8 347,535
77,721
3,016
$350,716
15,381
12,780
78,348
$16,439
4,665,260
288,755
106,763
2$350,930
15,454
36,234
5,313,799 . 124,685
252,743
♦24,513,988
489,065
1,190,336
7,000
2
6 43 9 $3,373,830
2,054,544
2
1,254,487
55,292
5,828,082
48,936,493
3,410,498
47
136,513
2604,502
1,816,189
23,436,122
52,086
161,692
76,347
140,241
39,491
687,142
244,808
29,040
(13)
H 3,346,797
988,095
1,367,963
7$329,365
7 854,970
919,224
1,149,030
Value
51,051
8,523
7,725
1,742,870 1,748,820
864,537
191,176
243,636
480,429
79,902
12,105j
23
Value
Number
Value
' 4,665,260
289,219
155,547
5,597
Number
Total
Contract
Value
43,758
771
Piece price
Number
Value
1N ot reported.
2See notes under systems for details.
3Including 300,185 tile.
* Including 303,255 tile.
3 Including small buildings, brick kilns, levee, dam, and building and road repairs;
does not include one race track, subway, wall, well, and railroad spur the value of which
is included in total.
* Including $515,000 estimated.
7 Estimated.
* N ot including garments valued at $14,940.
Public account
(« )
7 71,212
66,370
3,034,699 93,344,206
............................ 1
450,279
172,447
121,815 7,833,765 19 8,072,602 5,741,839 ii 3,523,0871
......................... I
453,120
234,303
1,115,789 3,626,313
42,125
| 2,308,096
(13)
164,236
Number
988,095
329,365
1,367,
854,970
43, 758
51,051
919. 224
149,030
* 355, 260
277,742
1 886 951
975,579
3,037, 715
349,803
864, 537
450,279
191, 176
172,447
13,871, 326, » 11, 756,995
642. 121! 1, 140.262
1,272, 038
105,424
140, 241
29,040
12, 105
42,125
, ,
(13)
>5,659,129
• Including $285,028 estimated.
10 Including $7,266,239 estimated.
11 Including $3,523,087 estimated.
12 Including $10,789,326 estimated.
13 Enumeration impracticable.
14N ot including value of garden truck produced by 2 inmates.
11 Including 66,398 cans fruit, vegetables, etc.; 42,750 gallons vinegar; 1,903,858 pounds
cotton; 1,456,704 pounds rice; and 21,243 tons sugar cane, and cottonseed amount not
reported.
19Amount paid for labor of convicts.
IN T R O D U C T IO N
Bags, etc. (ju te).....................
Bakery products.......... pounds. .
Baskets......................................
Box shooks (knocked down)
........................................feet.
Brick..........................................
Brooms and brushes..................
B u ild in g.................. buildings..
Clothing:
Aprons................................
Aprons, bungalow...............
Auto suits............................
Children’s play suits..........
Garments, miscellaneous.. .
Overalls and jumpers..........
Pants (w ork).......................
Shirts (ehambray)....... .......
Shirts (flannel)....................
Shirts (work).......................
Tailored....................pieces..
Coal.................................. tons..
Coffee, roasted............ .pounds
Coke..................................tons..
Farm, garden, dairy and live
stock........................... ...........
Average
number
of
convicts
em
ployed
T a b l e 3.— K IN D ,
00
Q U ANTITY, AND VALUE OF ARTICLES PR O D U C E D , BY SYSTEM U N D E R W H IC H PR O D U C E D —Continued
STA TE IN S T IT U T IO N S — Concluded
Articles produced and unit
Average
numt
of
convii
em-
Number and value of articles produced, and system under which produced
Number
Farm implements.
Value
Number
Value
Public account
Number
Value
Number
Value
3,058
66,239
1,506
»8,232
27,681
6114,613
23,928
15,010
111, 664
48,713
» 23,940
*®86,376
111,732
192,159
8,212
42,061
8,212
42,061
62
« 2,666
947
a11,435
3,496
•4,483
2,072
7 90,000
30,916
632,131
1,036
715,000
148,320
12,497
6,389,431
213,210
316,940
352,766
3,397
34,235
10,305
123,735
341,749
180,852
787,510
506,958
1,311
8,015
24,623
108,374
195
*>217
12
2071,366
68
143,446
3,434
1,817
29,969
20,696
10,890
2,072
$121,206
13,870
791,025
70,745
2,949
*413,057
15,879
6,662
65,614
9,891
*1 1,200
1,804,531
91.000
121,504
11,297
1,163
49
1,276
2* 53,424
237,597
182,950
7,467
296
9,380
9,667
17.000
1,835
66,887
24,419
229,085
(13)
185,138
4,700
1,915
5,994
34,287
51,725
21,253
403,000
17 219,000
$503,750
18308,000
1,036
1
(“ )
2,933,629
Value
1,422,771
$235,619
10,331
34,179
131,208
746
2*373,848
17,900
Number
759,036
434,087
5,155
2,171
232,741
50,999
472
2*50,406
231,342
Value
$236,765
16,197
34,501
$1,146
5,866
322
2,510
Number
5,166
3,762
239,191
11
1,591
6,450
41,800
Total
Contract
Piece price
790.000'
7 is .000
148,320
213,210
4,543,100
228,752
429,383
681,446
711,230
521
22 51,682
23284,766
237,597
12,600.000
7636,048
15,718,667
1,194,727
1,042
383,228
27,567
17,000
15,705
857,912
2 731,212
4,700
2,949
24 19,051
50,166
1,915
6,662
117,339
31,144
225,940
374,606
0)
(13)
CONVICT LABOR IN 1923
Flax............................. pounds..
Furniture:
Chairs, reed or fiber............ .
Chairs, wood........................
Chiffoniers, cabinets, and
cases, wood........................
Desks, wood or fib er.......... .
Furniture, other, reed or
fiber........ ........................
Furniture, other, w ood....... .
Rockers, settees and benches,
reed or fiber..................... .
Rockers, settees and benches,
wood........................... .....
Tables, wood or fiber_______
Chairs, caned...................... .
Handkerchiefs................ .......... .
Harness:
Collars, horse...................... .
Sets................... ................ .
Hollow ware.......... ......pounds..
K n it goods:
Hosiery..................... dozen..
Mittens...................... do___
Underwear................. do___
Laundry.....................................
Leather findings........................ .
Lim e........... ................ pounds..
Linens, etc............ ................... .
Lumber.............................. feet..
Mats:
Automobile......................... .
Coir and chain.....................
Mattresses and upholstering......
Metal and aluminum ware........
Public works
State use
Total..
1,813
66,328
2*41,411,946
2*2,464,851
(13)
(»)
4,407
12.283
224,925
54,035
27558,915
423,964
103,466
U,553
47,958
327,358
756,351
3*50,756
150,273
115,601
(“>
6,466,332 1, il7,903
3*1,628,436
695,566
3*28,036
13,714
101,739
4,620,670
70,394
(13)
(29)
3*2,364.9 31$11,827,714
0
(0
36,774
1
431
795,518
525
5,230
7,488
««6,263,167
865
171
588,678
4,407
20,246
2*46,032,616
2*2,535,245
245,440
54.161
2735,527
433,082
»11,858,954
103,466
431
47,958
5,717,821
150,798
115,601
564,178
1,118,768
171
1,284,244
(»)
0
33200
352,688
634
172,054
1,813
168,067
(13)
8231,240
“ 2,364.9
8*200
304,373
10,746
588,765 1,236,963 3,582,187
564,178
14,553
2,221,382
** 51,390
0)
10,746
6,471,562
7,488
•*7,891,603
81
14,069
140,890
117.500* 47.162
61,578,909 5,585,036
3,336
11,471,814
7,963
20,515
126
28176, 612
9,118
2,913
15,201,544
16,405,185
68,172
12,340,936
31,245
162,666
63,200
1 3960,000
j 18,249,350
140^690
68,172
117,500
61,615,683
162,000
(13)
13,714
14,069
31,245
47.162
5,588,372
63,200
8* 60,000
73,668,879
1N ot reported.
27 Including lime and pulverized limestone valued at $929, and sand and gravel at $400.
2 See notes under systems for details.
28 Including lime and pulverized limestone valued at $1,208.
2* Including 36 jobs auto repairing, 16 jobs blacksmithing, 110 stoves, and stove cast
7Estimated.
13Enumeration impracticable.
ings not reported.
2* N ot including $40,715 worth of roads, miles not reported.
17 Including 1,800 settees,
2i Including $6,832,150 estimated.
w Including $90,000 estimated.
19Including 5,619 chairs; 6,485 rockers; 73 benches; 271 desks; 444 tables, etc., not
82Amount paid by contractor or State to institution and inmates.
23 N ot including pieces valued at $213.
valued separately.
3* N ot including repairs valued at $117,793; and 41 sets harness repaired.
2* Including 584 pieces iron furniture and some wood and lumber, but not including
2* Including 25,448 blankets, but not 2,217 mops, stock.
furniture valued at $70,601 pieces not reported.
2* Including 6,826 blankets.
21N ot including 10,000 strappings and harness findings
3* Including 32,274 blankets, but not 2,217 mops stock.
22Including 33,605 dozen pieces undershirts, mittens, and hosiery not reported
38 N ot including $2,500 worth of tobacco, pounds not reported.
separately.
3* Estimated; for labor only.
2* N ot including number of pieces valued at $5,679.
« Less than 1.
2* N ot including number of pieces valued at $12,467.
• Includes 788 fiber tables; value, $3,847.
2* N ot including number of pieces valued at $8,000.
* Includes 10 fiber disks; value, $53.
*• N ot including number of pieces valued at $40,068.
INTRODUCTION
Monuments................................
Printing
Books, blank........................
Books, bulletins, etc.............
Forms, circulars, pamphlets,
etc.....................................
Printing, other.....................
Quarried and crushed stone........
Repair and shop work................
Roads...............................miles..
Road signs..................................
Rugs and art work......... ............
Sheet metal (ash cans, etc.,....... .
Shoes................................ pairs..
Shoes repaired.................. do___
Soap.......................................... .
Stoves.....................- ................ .
Tags, auto........................ pairs..
Tags, license.............................. .
Textiles, cotton............... yards..
Tobacco, chewing and smoking
..................................pounds..
T o ys...........................................
Traps, wire.................................
Tubs, butter..................... each..
Twine and rope............ pounds..
Whips........................................
Wood pulp.......... „ ....................
CD
T able 2 .- K I N D , Q U A N T I T Y , A N D V A L U E O P A R T IC L E S P R O D U C E D , B Y S Y S T E M U N D E R W H IC H P R O D U C E D —Concluded
FEDERAL PENITENTIARIES
Articles produced and unit
Average
number
OI
convicts
em
ployed
Number and value of articles produced, and system under which produced
State use
Number
Public works
Value
Number
Value
Public account
Number
Value
Piece price
Number
Value
Total
Contract
Number
Value
Number
Value
i
Rockers, settees, andbenches
Tables........ L.
Other furniture.
K nit goods: Underwear..dozen..
Linens, etc............... ..................
Printing:
Blank books.........................
Books, bulletins, etc.............
Forms, circulars, pamphlets,
etc------------ ----------------Other printing.
Repair and shop work____
Sand and gravel unloaded.
Shoes.............................. pairs. .
Shoes repaired.................. do___
Textiles:
Duck, cotton............yards..
Duck, remnants and waste
.pounds—
Wood, unloaded and eu1
it..
Total____ _
45
6
762
568,500
3,682
8
17
8
112
2,742
15,672
3,719
12,688
298
<»)
$9,372
2,396 .........................i ...................................
(40)
j
$130,001
9,433
13,401
3,905
80,826
137,939
2,742
15, 672
3,719
$9,372
2,396
130,001
9,433
13,401
3,905
12,688
!
(18)
137,939
6
44 586
2,747
41 586
2,747
1
3
7
12
36
4
81
45
412
2,147
0*>
26
270
640
4,249
12,881
22,039
4
81
45
412
2,147
26
270
640
4,249
12,881
22,039
4
12
72
4,752
720
2,270
12
5
338
57
40
281,920
171,919
(1#)
(“ >
10,477
23,168
2,302
1,077
204,515
495
41,319
24,671
1,631
3,840,163
1,679,572
<")
(«)
16
28
24,322
3,463
2,281,387
!
(18)
72
4,752
281,920
171,919
10,477
23,168
3,840,163
1,679,572
142,420
16,693
24,322
(i*)
130,001
$16,693
16,693
41 Includes 75 tables and 5 desks not separately reported.
41 Less than 1.
720
2,270
1,077
204,515
495
41,319
24,671
nz)
142,420
Enumeration impracticable.
40 One dining room, other small buildings, and a tunnel.
568,500
3,682
(40)
(18)
2,428,081
CONVICT LABOR I N 1923
Brick......................................
Brooms and brushes..............
Building.................. buildings..
Clothing:
Garments, miscellaneous.
Overalls and jumpers.......
Shirts, work.....................
Tailored................... pieces..
Farm, garden, dairy, and live
stock...................................
Furniture, wood:
Chairs................................. .
Chiffoniers, cabinets, and
IKTBODTJCTEOJf
11
In the collection of data the bureau sought to ascertain the quantity
and value of goods produced during the year, and the value of the
goods disposed of.
These two items might or might not be the same, depending on
whether or not everything produced was disposed of during the year.
In some instances it was not possible to get both items. Figures
relating to goods disposed of were generally more readily obtainable
than production figures. Separate tables relating to each of these two
classes of data are included m this report but in some instances it has
been necessary to accept and use disposal figures in lieu of produc
tion figures, and vice versa. In other words, in certain cases the same
figures relating either to production or disposal appear in both tables.
Value is interpreted as wholesale market valuation.
Table 2 applies to production. I t states the kind and, as nearly
thereto as figures were available, the quantity and market value of
goods produced, subdivided under system of production.
The grand total value of all things produced in the year in the
institutions was in round numbers $76,000,000.
Under the State-use system, the principal articles produced in
State institutions and Federal penitentiaries, as shown in Table 2
measured by value, are farm, garden, dairy, and livestock products,
$3,484,736; clothing (all kinds), $1,264,561; auto tags, $1,117,903,
and textiles, $2,375,138.
Under the public-account, piece-price, and contract systems
combined, all goods produced go into the competitive market. The
principal articles produced were: Shirts, $12,340,230; binder twine
and rope, $5,585,036; shoes, $4,961,470; coal, $3,860,616; pants,
$3,344,206; farm and garden products, etc., $2,312,332; overalls, etc.,
$1,820,032; brooms, $1,743,552; reed chairs, $1,412,466; children’s play
suits, $1,149,030; hosiery, $1,063,519; bungalow aprons, $854,970.
A discussion from a competitive standpoint of many of these
articles enumerated is given in another chapter, page 107. Some of
the articles listed, though large in value of production, have but
little effect in the competitive market, while certain other articles
of less value but of a particular kind have a very appreciable effect
on general market conditions, and are therefore selected for individual
attention and discussion.
Under the public works and ways system, buildings were constructed
to the value of $3,503,831 and roads to the value of $11,827,714.
Table B shows that of the 48 States onJy 15 had convicts on
road work. In the 15 States reporting convict labor on public
roads, 4— Florida, Georgia, North Carolina, and Virginia— stand
out prominently, these four States employing 85 per cent of the total
number used in this manner by all of the institutions reporting.
Florida has a State road department and through this department
employs about 75 per cent of its convicts. Georgia returns convicts
to the counties in proportion to the population of each county and
the convicts are employed on the roads within its jurisdiction. This
method employs about 88 per cent of all convicts reported for this
State. North Carolina employs 60 per cent of its convicts in road
camps under the general supervision of the prison officials. Virginia
has a road commission and the penitentiary furnishes this com
mission with such convict labor as is needed. The number reported
CONVICT LABOR IN 1923
12
for the year covered by this report amounted to about 64 per cent
of the number of convicts reported by the institution.
I t was necessary in most instances to accept estimates of the
value of road work accomplished during the periods scheduled.
The total for all institutions reporting was $11,858,954; Florida
showed something over $2,000,000; Georgia, $5,000,000; North
Carolina, almost $1,500,000; and Virginia, nearly $2,000,000.
The industries appearing in the stub of the published tables,
are, in most instances, self-explanatory. However, there are two
in need of some explanation.
linens, etc., includes all small sewing and patching, including
women’s underwear, towels, pillowcases, fancy and embroidered
work, etc. In a few instances some garments are included. Gar
ments were, however, separated wherever possible and are shown
under the head of clothing.
Repair and shop work contains a miscellaneous group of blacksmithing, tinsmithing, sometimes approaching sheet-metal work,
building and repairing of small character, including carpentering
and some cabinetwork, etc. The general upkeep and manufacture
of small supplies may be found in this group. As in the case of
linens, there were occasional articles included in this group which
properly did not belong to it, but were inseparable from a mass.
Considerable difficulty was experienced in arriving at the classi
fications shown in Table 2, space and the importance of the articles
being mainly the determining factors.
T able 3.—S U M M A R Y O F V A L U E O F GOODS U SE D O R SO LD T H A T W E R E P R O D U C E D
U N D E R T H E S T A T E -U S E , P U B L IC -A C C O U N T , P IE C E -P R IC E , A N D C O N T R A C T SYS
T E M S , A N D A M O U N T R E C E IV E D F O R H IR E O F C O N V IC T S , B Y I N D U S T R Y
S T A T E IN S T IT U T IO N S
[For details see table C, pp. 70-94]
Average Value of Value of goods or produce sold, b y
system under which produced
num
goods
ber of used procon
duced
victs
under
Public
Piece
em
State-use account
Contract
Total
price
ployed
system
Industry
_ _. _______
Baking, commercial. _ ___________
Baskets_________ ____ ___________
Box sbooks (knocked down)........
Brick............................................
Brooms and brushes___
_
Building construction
_ _
Clothing:
Bags, etc. (jute)
Aprons
___ ___
Aprons, bungalow
.....
Childrens' play suits..............
Garment making, unclassified.
Overalls and jumpers. *........
Pants (work) _ _
. ___
Shirts (w ork).
Tailoring 2
Coalm in in g. _
____
Coffee roasting____________________
Coke making____________________
Farm, garden, dairy, and livestock.
Farm implements_______________
Flags
Flax industry
_ ...
Furniture_______________________
Granite and stonecutting, monu
mental................................ —
788
4
100
96
896
676
7
$214
15,454
7,015
11,828
329,750
76,301
$293,083
$293,083
$16,439
12,780
124,685
256,800
271,994
7,000
29,219
124,685
256,800
1,255,745 1,527,739
155,292
62,292
$329,365
262
329,365
312
854,970
854,970
1,149,030
136
I,
326
8,330
261,655
8,330
771
156,347
759,038
71,212
830,250
482,439 3,344,206 3,826,645
1,505
4,846
3,411
38,415
337,763 7,590,163 3,523,087 II,
798
117,083
658,046
117,083
234,303
1,965
244,808
3,626,313 3,860,616
2
29,040
47,996
23
47,996
11,824 3,356,057 2,178,905
*4,236 2,183,141
1,146
322,045
163
322,045
10,331
15
5,866
10,331
322
30,487
35
30,487
459,972 1,427,588 4 122,242
3,129
826,750 2,376,580
84
112,766
i Working for private contractors erecting prison buildigs.
3Coats, pants, vests, and overcoats.
Amount
paid institution
for hire
of con
victs
59,288
172,054
3Value of labor only.
4Chair caning.
$9,456
81,618
1,191
52,080
65,983
149,030
61,229
9,792
381,605
451,013
792,540
933,288
4,236
120,999
11,857
13
INTRODUCTION
T able 3.—S U M M A R Y OF V A L U E OF GOODS U SED O R SO LD T H A T W E R E P R O D U C E D
U N D E R T H E S T A T E -U S E , P U B L IC -A C C O U N T , P IE C E -P R IC E , A N D C O N T R A C T SYS
T E M S , A N D A M O U N T R E C E IV E D F O R H IR E OF C O N V IC T S , B Y IN D U S T R Y — Concluded
ST A T E IN S T IT U T IO N S — C o n c l u d e d
Average Value of Value of goods or produce sold, by
Amount
system under which produced
num
goods
paid in
ber of used pro
stitution
con
duced
for hire
victs
under
Public
Piece
of con
em
State-use account
Contract
Total
price
victs
ployed
system
Industry
Handkerchiefs..............
Harness........................
Hollow ware.................
Hosiery and underwear.
Laundry.......................
Leather findings...........
Lim e.............................
Linens, etc., making and mending.
Lumber........................................
Mats, automobile.........................
Mattresses (cotton) and upholster
ing.............................................
Printing.
Quarrying granite and stone, and
rock crushing............................
Repair and shop work, miscel
laneous......................................
Road building..............................
Rug and mat weaving.................
Sheet-metal work.........................
Shoemaking.................................
. Shoe repairing..............................
Soap making................................
Stoves..........................................
Sugar............................................
Tags* plates, signs, etc.................
Textiles:
Cloth, cotton and wool..........
Duck, cotton.........................
Tobacco manufacturing, chewing
and smoking..;.........................
T o y s............................................
Traps, wire..................................
Tubs, butter......... ......................
Tw ine and rope...........................
Whips..........................................
Wood pulp...................................
12
328
324
1,036
32
$13,819
493,714
17,900
10
39
1,164
224
14,799
782,148
68,345
2
$91,000
142,757
17,143
9,667
14,500
3,043
66,587
24,397
2,393
$190,660
374,606
$15,000
$15,000
494,870
213,210
228,752
371,509
681,446 1,073,195
9,667
14,500
3,043
66,587
636,048
660,445
2,393
51,725
28,604
51,725
28,604
1,392 *557,986 * 175,404
175,404
85
521
839
69
63
74
1,898
187
58
184
62,288
295,650
424,842
9,118
6,662
47,958
707,370
150,273
114,577
304
1,225
525
21,505
664,313 3,582,187 4,655, 725
525
213,857
8 128,085
9 1,036
564,178
®128,085
1,036
1,188
260
663,973
20,347
19,236
828,552
19,236
828,552
13
13,714
17
27
1,375
83
87,848
9,118
31,240
304
731,240
1,221,369
22
$2,701
69,565
54,615
203,065
564,178
13,200
"89," 198
13.200
31,245
47,162
5,543,160
63.200
63,200
60,000
60,000
31,245
47,162
3,173 5,543,160
12
4,981
17,"568
Total................................... 1039,321 11,337,989 14,179,800 12,381,254 18,265,608 44,826,6623,290,777
FE D E R A L IN S T IT U T IO N S
Brick
45
6
$9,372
2,396
8
17
112
8
9,164
13,401
80,651
3,905
298
16
36
33
133,957
7,932
21,449
6,369
338
204,515
495
41,319
24,671
......................................
Tlmorns and hmshes
Clothing:
Garment making, unclassified.
Overalls and ju m pers_______
Tailoring____________________
Work shirts_________________
Farm, garden, dairy, and live
stock. ________________ ________
Furniture____________ -__________
Linens, etc., making and mending.
P r in tin g ________________________
Repair and shop work, miscel
laneous..______________________
Rand and gravel, unloaded
Shoemaking.. ; __________________
Shoe repairing__________________
Textiles:
Duck
__ ____ . . . ______
Duck remnants and waste___
Underwear
Wood, unloaded...........................
T o t a l_____________________
<“ )
57
40
»
1,631 1,710,437
16
12
12,881
24,322
28
$16,693
$16,693
2,701 2,307,236
16,693
16,693
* Includes sand and gravel, $1,060.
9 Includes $865 sales to another State under com* Includes pulverized stone for fertilizer, $21,346. petitive conditions.
7 Value of labor working for private contractor.
10N ot including 14 convicts making auto suits not sold.
* Sold from previous year’s production.
11 Less than 1.
177°—251-----2
CONVICT LABOR IN 1023
14
Table 3 shows by industry or article the value of goods sold under
the public-account, piece-price, and contract systems and a total of
the three systems, by States and for the United States. In contrast
to these figures, the table also sets forth the value of goods used
within the State by its own institutions.
This table refers only to consumption goods, that is, goods that are
consumed in their using. I t does not include permanent buildings
and roads constructed under thepublic works and ways system, the
data for which will be found in Table 2.
The goods sold in the market under the public-account system,
including the Federal prisons, total $14,196,493 in value, under the
piece-price system $12,381,254, and under the contract system
$18,265,608, making a total valuation of goods placed on the general
market of $44,843,355. The value of the goods disposed of under the
State-use system, including the Federal prisons, total $13,645,225.
Of the $30,646,862 worm of goods sold that were produced under
the contract and piece-price systems, $6,835,246, or 22 per cent,
according to Table E, appears in the State of Kentucky; $2,676,423, or 9 per cent, in the State of Maryland; and $4,262,361, or
14 per cent, in the State of Alabama. Thus 45 per cent of the goods
sold under the contract and piece-price systems were produced
within these three States.
SALE IN AND OUT OF THE STATE
In the collection of data an effort was made to obtain figures that
would show the proportion of goods sold in and out of the State
where produced.
As tne name implies, State-use goods were all consumed within
the State. Production under the public works* and ways system was
all done within the State. Table E shows the sale in and out of
the State of goods produced under the public-account, piece-price
and contract systems. The figures relate to the primary sale. N o
attempt has been made to trace the movement of goods in and out of
the State after the first sale. Fairly satisfactory figures were obtained
as to goods produced under the public-account system. For the
contract and piece-price systems the figures are less satisfactory, and
to quite an extent they are estimates.
The total of all sales on the market was $44,843,355, of which 42
per cent represented goods sold within the State in which produced,
and 58 per cent those sold outside of the State.
In 25 States the products were disposed of entirely within the State,
while in 22 States some products were sold outside the State. Ohio
and the District of Columbia sold no products and are therefore not
represented in Table E. In some institutions the sales were of very
small amounts, and institutions not appearing in the table had no
sales reported.
Eighty to ninety-nine per cent of all products sold in 11 States—
Delaware, Iowa, Kentucky, Maryland, Nebraska, New Hampshire,
Oklahoma, Rhode Island, Vermont, Wisconsin, and Wyoming— were
sold outside the State; 50 to 79 per cent of all products sold in 5
States— Connecticut, Indiana, Tennessee, Virginia, and West V ir
ginia— were sold outside the State; and 6 to 42 per cent of all
sold in 6 States— Maine, Michigan, Oregon, Minnesota,
Products
llinois, and Massachusetts— were sold outside the State.
COMPENSATION
15
I t is interesting to note that these 21 States produced 77 per cent
of the total convict-made product placed on the open market.
SEX
Of the total number of convicts in the institutions studied (averag
ing 84,761 during the-year), 81,704 were males, and 3,057, or 4 per
cent, were females.
I t will be observed in Table F that in 7 States males and females
were confined in separate institutions while in 37 States and in the
District of Columbia both sexes were confined in the same institu
tions. Four States show no females confined within the institutions
reported. The three Federal penitentiaries report only male convicts.
COMPENSATION
While primarily the bureau’s objective in this study is to show the
kind, quantity, and market value of goods produced, and their
disposition, whether on the open market or within the State’s own
institutions, other features of interest and of economic value have been
observed. Probably the most interesting of these features is the
compensation to prisoners.
The fact that institutions generally keep no specific account of the
amount of daily earnings received by inmates makes it impossible
to give this information any very definite character. However, facts
of a generally comprehensive nature are available, and an attempt
has been made to assemble them in a few statements which may
prove instructive.
I t was found that in 53 of the 104 institutions reporting the convicts
received no kind of compensation while in 51 institutions some sort
of compensation was paid.
Considering the minimum compensation as a'basis, convicts in
31 institutions were paid 10 cents or less per day. In 7 institutions,
including 1 Federal prison, in which only those engaged in manu
facture were paid, convicts were paid over 10 cents and under 20
cents per day, while in 11 institutions the convicts received 20 cents
and over per day. In 1 institution convicts received the free labor
wage rate after the completion of a task, and in 1 a bonus was paid
for overtask work. In most instances where contractors were con
cerned overtask work was compensated at the same rate paid to the
institution for the hire of inmates.
Certain institutions reported rates as high as follows: 20 eents to
50 cents, 25 cents to 50 cents, 25 cents to 70 cents, 25 cents to 80
cents, and 25 cents to $1.50 per day. Higher compensations than
these are sometimes made through overtask work.
The compensation of convicts while incarcerated is a problem
which prison boards and State authorities are coming to view with
great seriousness. To some extent compensation is a matter of in
centive to the convict toward good work; and better behavior, but
the far greater question is the condition of the convict’s family. A
convict with a conscience wants to care for his family, and a convict
without a conscience should be compelled to care for his family.
As stated, many States now pay a small wage to convicts and some
require a part of the wages to be sent to the convict’s family. Some
16
CONVICT LABOR IN 19fc3
States go further in the relief of destitution by looking after and car
ing for dependents left in want by the loss of earnings of the impris
oned head of the family.
HOURS
The hours of labor required of convicts is another matter of in
terest. This feature was difficult to summarize properly since
within the same institution varying hours might be found. This
condition was reported in 16 of the 104 institutions reporting. In
some cases this variation is due to school work, while in others it is
simply a variation because of the line of work performed, the work
on the farm usually requiring longer hours than that within the
shops or factories.
Considering the minimum hours of labor required, 37 institutions
reported under 8 hours as a day’s work; 36 reported 8 hours; 26 re
ported over 8 and under 10 hours; and 6 reported 10 hours and over,
the highest number of hours worked being a range of 10 to 12 hours.
Eacn institution reporting observes some holidays. Forty-six per
cent of all institutions reporting observe 6 to 8 holidays. Fifteen
per cent observe 10 holidays. In only 1 institution is so small a num
ber as 2 holidays observed, while in 3 institutions 11 are observed.
N o work is done on Saturday afternoon in 29 of the 104 institutions
covered.
REHABILITATION
This survey incidentally brings in question another feature of
prison administration.
The Government, Federal and State, is coming more and more to
recognize the. value of education, both academic and industrial, ,as
at least a coordinate factor in promoting good citizenship., This is
borne out in the fact that our immigration bureau undertakes an
educational campaign with our recently acquired peoples of foreign
lands and seeks to teach them at least the elements or education.
Illiteracy, with its accompanying curse of narrow perspective, is
productive of ignorant as well as willful law violation. This is evi
denced by the fact that as high as 50 per cent of the inmates of some
of our State penitentiaries are illiterate.
M any of our State penitentiaries are seeking to cure this misfor
tune, and at the same time to give the inmates an industrial train
ing most suited to individual needs or fitness.
Schools are maintained in many institutions which afford an
elementary and even higher education and occasionally an institu
tion insist® that a convict must obtain sufficient education to remove
him from the illiterate class.
M any a convict as he enters the prison gets his first experience in
discipline and in industrial pursuits. H e makes his initial acquaint
ance with real work. I f imprisonment is to be a matter of punish
ment only, it makes no difference, so far as the convict is concerned,
as to what the work is, provided it is hard and steady. If, however,
imprisonment is intended to transform the man, to redeem him, to
rehabilitate him, then the kind of work he does is of material im-
Juvenile reformatories emphasize this point and more or
ss successfully,educate, and, train the inmate and put him back into
Ethe3ortance.
world a safe and useful citizen.
17
HISTORICAL COMPARISON
M any prisons for adults, however, do not appear to be accom
plishing as much. True, they deal with a man whose habits are
developed and fixed, which, however, should actuate even greater
effort in giving the convict proper training. Chaplains are employed
by all prisons to give religious and moral instruction. The prisons
very generally have libraries, and entertainment and recreation is
provided in moving pictures, lectures, baseball games, etc. A ll insti
tutions have doctors and dentists to care for the health of convicts.
An inspection of the lists of prison industries, however, shows that
convicts are employed in some industries that can not be considered
as rehabilitation training. In some of these industries the convict
at best learns only to work, but his experience is not of the kind that
fits him for any type of work in which there is an opening for him
when he is a free man again. To illustrate, a man trained as a farm
laborer can find work when he gets out, a man trained as an all-round
coat maker can get work outside, but a man trained only to stitch one
particular seam on an apron or shirt will have difficulty in getting a
place in an apron or shirt factory filled mainly or exclusively by
women.
The subject of proper industrial training along the lines of re
habilitation should receive careful consideration by legislators,
prison boards, and prison officials, and this subject might well form
the basis of a special survey.
HISTORICAL COMPARISON
As stated on page 1, the bureau has made four earlier surveys of
convict labor. These surveys have differed to some extent in their
scope. The present survey applies onlv to State and Federal penal
institutions maintained primarily for adults, while some of the other
surveys, particularly the survey of 1905, included county and city
institutions.
The following table shows the change that has taken place in the
relative importance of the several convict-labor systems since 1885.
Data for noncomparable institutions have been eliminated, and
the figures of the table relate to the same institutions or at least to
the same kind of institutions as covered by the present (1923) survey.
P E R C E N T OF C O N V IC T S T H A T W E R E E M P L O Y E D A T P R O D U C T IV E L A B O R U N D E R
D I F F E R E N T S Y S T E M S I N D I F F E R E N T Y E A R S AS S H O W N B Y R E P O R T S OF T H IS
BUREAU
Year
System
1885
1895
1905
1914
26
40
8
19
34
14
9
36
8
4
26
126
133
Total............................
100
100
Per cent of all convicts that
were employed at produc
tive labor...........................
75
72
LAASA ................ ......
Contract................................
Piece-price.............................
Public-account......................
State-use...............................
Public works and w ays........
)
\
J
1923
31
22
11
12
7
26
36
19
100
100
100
65
<*)
61
( 21
1
188
1
6
i Public account, State use, and public works and ways were inseparably combined.
* N o t reported.
18
CONVICT LABOR IN 1923
In 1885, 26 per cent of ail the convicts employed at productive
labor were employed under the lease system. Each succeeding survey
shows a drop in the percentage employed under the lease system,
until in 1923 the system, so far as the State and Federal institutions
are concerned, has entirely disappeared. The lease system is now
looked back upon as little more than legalized and ofttimes barbaric
slavery, and even when in operation it was excused only by a plea
that the State was too poor to build, equip, and maintain prisons
and prison workshops.
The table also shows a steady reduction in the extent of the con
tract system from 40 per cent o f all convicts employed in 1885 to 12
per cent in 1923. The piece-price system has not changed so mate
rially and has been of rather small importance so far as numbers are
concerned. Combining the figures for the contract system and the
piece-price system, which do not differ very materially in effect, it is
seen that 48 per cent of all convicts at work came under these two sys
tems in 1885, while the two systems together totaled but 19 per cent
o f all convicts employed in 1923.
During the period covered extended growth is seen in the State-use
and public works and ways systems. Unfortunately, segregation can
not be made in the figures for 1885 and 1895. Collectively, the
public-account, State-use, and public works and ways systems in
creased from 26 per cent of all convicts employed at productive labor
in 1885 to 81 per cent in 1923.
In this connection attention is drawn to the line at the end of the
table which shows that 75 per cent of all the convicts in the several
institutions were employed at productive labor in 1885,, while in
1923 only 61 per cent of all the convicts were so employed.
<
GENERAL TABLES
Six general tables are also presented in this report. T h ey show
b y institution the figures summarized in the preceding tables. These
tables are as follows:
T able A .— Number of convicts, and average number employed at
productive labor in State and Federal prisons, by institution.
T able B.— Kind, quantity, and value of articles produced, by
system and by institution.
T a b l e C.— Value of consumption goods used or sold that were pro
duced under specified systems, convicts employed on such goods, and
amount received for labor of convicts, b y institution and by industry.
For production under the public works and ways system see
Table B.
T able D.— Average number of State and Federal convicts em
ployed under public works and ways system and value of construc
tion, by State.
T a bl e E .— Value of goods sold inside and outside of State in
which produced, by institution.
T able F.— Average number of convicts of each sex employed at
productive labor, by institution.
T able
A.-—NUMBER OF CONVICTS, AND AVERAGE NUMBER EMPLOYED AT PRODUCTIVE LABOR IN STATE AND
FEDERAL PRISONS, BY INSTITUTION
STATE PRISONS
Average number of convicts
during year
Niimber of convicts in
institution
State and city
Institution
Canon City
State penitentiary
Buena Vista_____ State reformatory. __
Connecticut:
Cheshire
do......................... _
N ia n t ic .__ _____ State farm (w om en)________
Wethersfield____ State prison ___________ __
Delaware:
Wilmington _
NewcastleCounty workhouse
District of Columbia:
Lorton, V a__ ___ ■nistript reformatory
Occoquan, V a___ Distriot workhouse
Florida:
_ __________
Raiford___ _ _ _ State farm
Georgia:
Atlanta___ ______ _ __do_ ____________________
Idaho:
Boise................... State penitentiary................
Em
En
At
Re
Dis
ployed gaged
begin ceived charged A t
at pro in
Sick
close
ning during during
duc prison
of year year
year of year tive duties
labor
State Public Public
Pieceac
use works count price
Con
tract
534
264
276
19
34
3
56
1,295
156
897
1,053
43
34
2,630
1,211
677
418
254
359
793
40
1,724
817
16
5
26
794
209
234
112
379
30
40
643
152
114
23
139
14
6
56
1
230
5
272
80
564
70
21
11
245
93
6
6
350
28
92
128
105
198
2
12
2
199
340
28
128
1,186
878
3,063
2,553
355
80
399
200
210
389
56
306
12
June 30,1923
1,293
1,051
1,037
1,307
1,053
153
89
___ do........... 2,016
1,144
1,460
541
1,413
355
2,663
1,330
1,724
817
759
337
104
23
N ov. 30,1922
.......do...........
701
191
476
276
319
277
858
190
643
152
109
52
June 30,1923
.......do...........
314
84
589
189
46
129
279
51
184
224
79
534
143
21
364
N ov. 30,1922
332
919
888
363
June 30,1923
190
309
109
1,819
97
1,760
202
368
9
1,479
Total
383
2,755
do
Total
2,988
Sept. 30,1922
June 30,1922
do
Idle
143
21
364
73
353
12
64
2,553
205
245
92
128
Dec. 31,1922
1,368
577
534
1,411
1,028
383
15
1,426
209
763
56
1,028
____ do...... —.
3,547
1,463
1,356
3,654
3,698
82
42
3,822
340
3,258
100
3,698
N ov. 30,1922
266
155
136
285
42
60
3
280
27
15
42
175
G EN ER AL TABLES
Alabama:
M ontgom ery1__ State prison 1____ __________
Arizona:
do
.
Florence________
Arkansas:
Little Rock____
State penitentiary__________
California:
State prison _______________
San Quentin.
Folsom__________
Colorado:
Report for
fiscal year
ending—
Average number of convicts at productive
labor and system under which employed
1This includes 9 prisons with headquarters of convict bureau in Montgomery.
2School work.
CD
T able
A .—NUMBER OF CONVICTS, AND AVERAGE NUMBER EMPLOYED AT PRODUCTIVE LABOR IN STATE AND
FEDERAL PRISONS, BY INSTITUTION—Continued
^
0
STATE PRISONS—Continued
Number of convicts in
institution'
State and city
Institution
Report for
fiscal year
ending—
Idle
Total
Joliet
Do
Pontiac
Indiana:
State farm
State penitentiary
W om en’s prison
State reformatory _ _
35
10
201
34
326 ’ ""677"
9
246
391
4
332
(3)
311
JfiffArson vi 11a
State reformatory
Putnamsville___
Michigan C ity __
S t a t e fa r m
241
80
255
12
Tnd i an apnl is
Iowa:
Anamnsa
T?ap 1twa
11 Hitv
XivV/O.
VYt3U
V ltj . . .
Fort Madison___
Kansas:
Tiansing
Do
Kentucky:
Eddyville
Frankfort
Louisiana:
Baton R ou ge4__
Maine:
State prison
’Women’s prison
.......do...........
do
.do _
_ ..do __
1,147
70
1,930
44
1,278
436
96
697
22
527
348
98
633
26
676
1,235
68
1,994
40
1,129
592
38
1,335
9
557
552
9
594
33
633
24
8
11
10
1,189
47
1,961
42
1,211
Sept. 30,1922
Sept. 30,1923
do
Sept. 30,1922
791
458
1,352
91
840
2,202
580
169
753
2,192
502
162
878
468
1,430
98
277
317
718
57
618
195
356
34
3
10
188
1
20
2
147
3
918
524
1,409
95
36
209
162
45
June 30,1923
14
916
108
827
387
71
80
100
57
2
165
131
1,094
91
527.
63
8
192
552
1,491
33
122
28
Con
tract
Total
592
38
1,335
9
557
277
317
718
57
301
312
756
73
571
A/fen’s re formatory
W
nm nn^O IC
r^ fn
TT.UXUoii
iU rm
L lUQatn
tUfV
lj
....... do...........
____ do_______
847
11-2
752
481
State pen iten tiary___ _ _
309
407
69
227
921
114
834
756
73
571
82
33
235
78
2
7
State industrial farm
State penitentiary
____ do...........
__ do _
133
1,106
69
519
72
539
130
1,086
99
782
27
239
73
do
State reformatory
___ do...........
____ do______
550
1,511
288
680
281
706
557
1,485
423
1,272
109
179
11
40
1, 672,
673,
767
1,578
1,110
447
39
1,596
22
455
633
85
210
77
79
183,
47
48
11
22
20
1
2
4
195
71
72
79
2
12
101
14
46
75
12
183
47
48
583
633
5407
805
149
116
7
5
4
2
567
928
27
33
3
6
6
371
766
407
805
404
315
169
233
4
8
3
20
580
576
188
253
State penitentiary
do
do
do .
South Windham.
fllrnwh Ag^an
State reformatory for women. ____ do_______
Maryland:
.Tcssiip
House of correction
Sept. 30,1923
Baltimore _
State penitentiary ______
.do_______
Massachusetts:
Charlestown
State prison
N ov. 30,1922
Concord function State reformatory.................
Thomast.on
Public PieceState Public ac
use works count price
State prison
State reformatory for men
71
208
83
75
137
122
83.
143
118
463!
863
1,039
431
919
319
525: ! 225:
502
4460
615,
136
371. ! 577;.,
5
9
226
99
782
388
1,150
2
216
56
423
1,272
1,110
6
404
315
CONVICT LABOR I N 1923
Em- !1
En
ployed gaged
At
Re
Dis
A
t
begin ceived charged
at pro in
Sick
ning during during close
duc prison
of year tive
of year year
year
duties
labor
Illinois:
Vandalia
Average number of convicts at productive
labor and system under which employed
Average number of convicts
during year
Bedford__
Elmira:.......
Ossining......
Auburn.......
North Carolina:
Raleigh.......
North Dakota:
Bismark......
Ohio:
Columbus. ..
Mansfield-_.
Prison camp................
State farm...................
Women's reformatory..
State prison......................
State prison (branch)____
State reformatory.............
102
440
191
460
1,364
135
1,280
116
M2
130
524
210
40
151
56
35
307
114
39
24
11
16
15
114
498
196
26
141
30
June 30,1923 1,716
...... do......... .
502
...... do......... . 1,009
1,056
130
953
874
166
870
1,898
466
1,092
l,i4 8
300
662
27
125
392
8
15
24
624
42
14
1,807
482
1,092
192
85
166
391
378
38
281
375
26
996
526
40
629
231
15
247
268
19
42
28
3
6
921
533
34
49
218
15
State prison.......................... Jan. 31,1923
State reformatory for m en.. _ June 30,1922
State reformatory for women ..... do.........
State penitentiary,
do-
886
523
28
10
26
40
151
56
325
19
153
631
196
343
1,148
300
662
9
580
4
629
231
15
1,001
1,252
1,208
45
1,510
303
June 30,1923
1,577
622
669
1,530
1,252
277
43
1,572
251
Dec. 31,1922
..... do.........
2,188
619
1,961
483
1,914
447
2,235
655
1,510
303
619
211
45
13
23
104
2,197
631
298
258
4
state prison______
June 30,1923
350
231
250
331
119
215
5
1
340
74
44
State penitentiary..............
State reformatory for men...
State reformatory for women
State prison..
...... do......... .
...... do..........
...... do______
586
186
19
208
57
24
234
42
10
560
201
33
453
155
19
130
32
6
10
593
187
25
67
137
16
86
18
3
Dec. 31,1922
141
113
80
174
30
55
3
59
147
26
4
____do............
June 30,1923
146
37
53
130
100
23
14
1
138
2
98
State reformatory for women. ...... do..........
State reformatory-................ ...... do..........
State prison.... ...................... ...... do______
147
546
1,330
80
279
423
99
420
476
128
405
1,277
52
111
340
81
272
261
6
2
51
15
659
139
400
1,311
52
110
340
1
18
399
100
199
1,304
1,381
657
390
39
703
440
158
87
46
263
995
102 1,226
97
116
225
433
42
State reformatory-
State penitentiary.
State training school.............
State prison..........................
Clinton prison................ ......
Great M eadow prison______
Institution
for
defective
delinquents.
State reformatory for women.
State reformatory.................
Sing Sing prison...................
State prison for women........
N ov. 30,1922
358
520
502
376
193
168
20
June 30,1923
185
...... do______ 1,383
...... do.......... 1,380
...... do...........
829
...... do...........
320
136
546
738
358
169
147
601
737
640
89
174
1,328
1,381
547
400
39
741
497
215
87
153
547
638
433
235
7
16
146
9
8
286
...... do_______
1,409
...... do.........
...... do........... 1,227
96
...... do...........
.427
680
1,113
40
417
979
1,096
38
296
1,110
1,244
98
116
225
433
42
95
730
647
46
6
40
44
9
60
State prison..........
Nov. 30,1922
1,053
307
255
1,105
935
94
71
2
1,102
255
June 30,1922
163
213
140
236
122
73
10
15
220
33
...... d o . . . ..............
State reformatory..
June 30,1923
...... do..........
2,821
1,670
1,107
959
2,600
1,028
1,139
612
1,240
830
150
15
142
2,671
1,457
1,139
612
4 H e a d q u a r t e r s a n d re c e iv in g s ta tio n .
1,328 *
1,601
1
119
300
453
155
19
30
100
52
111
340
13
State penitentiary.
3 L e s s t h a n 1.
.do..
.do..
..do_.
180
193
G EN ER AL TABLES
West RutlandBridgewater...
Sherborn.........
Michigan:
Jackson______
Marquette___
Ionia ...............
Minnesota:
Stillwater........
St. Cloud.........
Shakopee____
Mississippi:
Jackson5..........
Missouri:
Jefferson City..
Boonville.........
Montana:
. Deer Lodge__
Nebraska:
Lincoln_____
Do.......... .
York................
Nevada:
Carson C ity...
New Hampshire:
Concord..........
New Jersey:
Clinton............
Rahway. ........
Trenton_____
New Mexico:
Santa Fe..........
New York:
Albian.............
Auburn.......... .
Dannemora__
Comstock....... .
Napanock____
39
741
497
215
87
38
57
57
116
225
433
42
559
121
89
5 H e a d q u a r t e r s o f p e n it e n t ia r y o ffic e ; p r is o n e r s a r e s e n t t o v a r io u s p r is o n fa r m s in S t a t e .
935
122
1,139
612
to
T a b le
A .—NUMBER OF CONVICTS, AND AVERAGE NUMBER EMPLOYED AT PRODUCTIVE LABOR IN STATE AND
FEDERAL PRISONS, BY INSTITUTION—Concluded
to
to
S T A T E P R I S O N S — Concluded
State and city
Do..
South Carolina:
Columbia___
South Dakota:
Sioux Falls...
Tennessee:
Nashville___
Petros......... .
Texas:
Huntsville9____
Utah:
Salt Lake City..
Vermont:
Rutland........... .
Windsor..
Report for
fiscal year
ending—
Em
En
At
Dis
ployed gaged
Re
begin ceived charged A t
at
pro in
Sick
ning during during close
duc
prison
of year
of year year
year
tive duties
labor
State penitentiary.
State reformatory..
June 30, 1923
June 30,1922
1,675
482
1,003
508
State penitentiary.
Sept. 30,1923
453
223
Muncy Farms..................... . M ay 31,1923
Eastern penitentiary........... . ____do...........
State industrial reformatory. ____do...........
Western penitentiary.......... . ____do...........
71
1,744
803
1,844
45
588
392
680
State prison and Providence
County Jail.
Workhouse and house of cor
rection.
1,101
415
1,577
575
290
386
36
658
645
' 665
80
1,674
550
1, 859
Idle
Total
Public
State Pu blic ac
Pieceuse works count price
82
214
205
Con
tract
Total
1,012
1,012
259
457
345
1,539
512
286
54
163
182
424
79
163
66
248
169
504
7
451
508
749
62
248
169
304
66
248
169
504
44
30
5
5
972
8
612
75
1, 701
690
1, 870
487
2
Dec. 31,1922
482
1,249
1,308
423
285
181
9
12
____do...........
112
223
222
113
44
35
3
1
State penitentiary.
.. .. d o ......... .
408
354
230
532
452
75
10
____do....................
June 30,1923
289
177
154
312
232
56
1
.do..
Brushy Mountain Peniten
tiary.
____do........
___ do...........
1,218
437
1,160
258
1,147
217
1,231
478
985
374
148
28
94
62
State penitentiary.
Dec. 31,1922
3,156
1,901
1,462
3,595
2,749
600
125
State prison... ....... .
N ov. 30,1922
158
156
124
190
39
36
2
State prison and house of
correction for women.
State prison and house of
correction for men.
June 30,1923
33
26
30
29
17
8
2
.. .. d o . .........
318
256
294
280
226
78
1
20
111
259
241
285
44
38
537
144
308
452
309
122
110
232
1, 227
464
84
170
16
204
3,474
740
2,009
2,749
188
29
3
39
317
885
17
27
12
430
10
30
10
176
985374
17
226
CONVICT LABOR I N 1923
Oklahoma:
M cAlester___
Granite______
Oregon:
Salem........... .
Pennsylvania:
M uncy______
Philadelphia..
Huntingdon..
Pittsburgh___
Rhode Island:
Howard........ .
Institution
Average number of convicts at productive
labor and system under which employed
Average number of convicts
during year
Number of convicts in
institution
Virginia:
Richmond...
Washington:
Walla Walla.
Monroe........
West Virginia:
Moundsville.
Wisconsin:
Taycheedah.
Watipin.......
Green B ay..
Wyoming:
Rawlins........
Wortland___
Sept. 30,1922
1,176
1,041
778
1, 439
857
561
21
1,439
21
____ do.................................... June 20,1923
State reformatory................. Mar. 31,1923
730
378
385
366
400
393
715
351
183
119
225
195
12
2
297
61
717
377
179
107
State penitentiary................ June 30,1923
1, 602
494
447
1,649
1,281
247
34
83
1, 645
86
State industrial home for ...... do...........
women.
State prison.......................... June 30,1922
Slate reformatory for m en ... June 30,1923
36
51
35
52
16
20
5
41
14
746
357
373
240
295
298
824
299
561
205
222
116
17
10
9
7
809
338
110
46
State penitentiary................ Sept. 30,1922
State industrial institute___ ...... do........ .
342
80
176
42
182
69
336
53
225
39
112
16
6
1
344
55
13
39
State penitentiary................
550
116
7
4
5
130
17
(3)
170
183
119
1,048
1,281
320
561
205
2
7
124
24
857
16
135
212
225
39
FEDERAL PENITENTIARIES
2,334
1,847
1, 548
2, 633
2,066
309
71
33
2,479
2,050
do _ _______ __________ .......do...........
2,671
1,482
1, 647
2, 506
1, 270
1,077
29
78
2,454
541
729
1,270
_ do___________ __________ .......do...........
535
286
344
477
127
175
7
169
478
94
33
127
* Less than 1.
« Headquarters and receiving station and State penitentiary from where prisoners are distributed to State prison farmi.
2,066
United States penitentiary.. June 30,1923
16
GENERAL TABLES
Georgia:
Atlanta............
Kansas:
Leavenworth—
Washington:
M cNeils Island.
tss
CO
T a b l e
to
B .— KIND, QUANTITY, AND VALUE OF ARTICLES PRODUCED, BY SYSTEM AND BY INSTITUTION
STATE PRISONS
Institution, article produced, and
unit
A ver
age
num
ber of
con
victs
em
ployed
Number and value of articles produced under each system
State use
Number
Public works
Value
Num
ber
Value
Public account
Number
Value
Piece price
Number
Value
Contract
Number
Value
Total
Number
Value
ALABAMA
Building................................ prison..
Clothing: Garments, miscellaneous...
Coal.......................................... tons..
Farm, garden, dairy, ana livestock...
Linens, etc..........................................
Lumber..................................... feet..
Mattresses and upholstering..............
Textiles: Duck....................... yards..
264
21
1,334
508
16
145
5
260
43,046
$31,022
1 $1,112,872
1 $1,112,872
31,022
43,046
1,115,789 3,626,313
114,602
<9
24,966
(9
2 636,048 12, 600,000
2 636,048
3,950
17,775
6,367,661
589,789
1,115,789 $3,626,313
(9
<9
105,376
24,966
(9
$9,226
17,775
20,347
6,240,462
569,442
12, 600,000
3,950
127,199
ARIZONA
STATE PRISON
Brooms_____________________________
Clothing:
Garments, miscellaneous________
Tailored............ ...... ....... pieces..
Farm, garden, dairy, and livestock.. .
Linens, etc...................................
R oads
_ r n . ......... . .
m ilfis
Shoes_________________ '_______ pairs..
1
200
$50
200
$50
1
4
10
1
34
5
450
800
695
2,000
2,548
300
450
800
695
2,000
3,696
300
60,000
2,832
<9
<9
(9
3
708
$1,148
$60,000
(9
<9
2,832
3
708
ARKANSAS
STATE PENITENTIARY
Clothing: Overalls and jumpers........
Farm, garden, dairy, and livestock---Linens, etc..........................................
Shoes repaired......................... pairs..
11
1,005
24
.13
3,786
<9
(9
(3)
$2,839
32,706
4,412
4,775
0)
$255,891
3,786
(9
(9
(*)
_______
$2,839
288,597
4,412
4,775
CONVICT LABOR IN 1923
STATE PRISON (INCLUDING 9 PRISONS,
WITH HEADQUARTERS AT MONT
GOMERY)
CALIFORNIA
STATE PRISON AT FOLSOM
Building............... . . ..............prison.
Clothing:
Garments, miscellaneous............ .
Tailored........................... pieces..
Farm, garden, dairy, and livestock..
Linens, etc......................................... .
Quarried and crushed stone.............. .
Repair and shop work.......................
Roads..................................... miles.
Shoes........................................pairs.
Shoes repaired..........................do___
1
174
13
6
115
13
241
50
185
16
4
6,206
450
0)
0)
0)
0)
1,935
2,483
$7,286
3,532
23,592
7,454
90,157
27,795
6,933
1,738
$130,000
$130,000
v
7.6
7,286
3,532
23,592
7,454
95,087
27,795
240,000
6,933
1,738
0)
~
$4,930
4,665,260
350,716
4,665,260
350,930
1,563
3,145
8,030
14,253
2,815
13,369
. 35,836
14,386
3,742
67,291
5.115
2,334
2,459
400,000
18,523
3.115
1
1
240,000
STATE PRISON AT SAN QUENTIN
Bags...................................................
Clothing:
Overalls.......................................
Shirts, work............................... .
Tailored............................ pieces.
Farm, garden, dairy, and livestock..
Flags...................................................
Furniture, wood................................
Linens, etc...................................... .
Quarried and crushed stone...............
Repair and shop work.......................
Roads...................................... miles.
Shoes— ...................................pairs.
Shoes repaired..................
do...
788
Bags...................................................
Building................................. prison.
Clothing:
Garments, miscellaneous............
Overalls.......................................
Shirts, work.................................
Tailored............................ pieces.
Farm, garden, dairy, and livestock..
Flags....................................................
Furniture, wood................................ .
Linens, etc......................................... .
Quarried and crushed stone.............. .
Repair and shop work....................... .
Roads..................... ^............... miles..
Shoes.......................................pairs...
Shoes repaired............................ do_
788
174
<*>
13
15
15
71
108
6,206
3,145
8,030
14,565
(9
1,222
<J>
15
15
65
83
10
50
12
254
74
12
10
291
62
(3)
3,145
8,030
14,115
0)
1,222
(J)
(l)
0)
8,964
6,221
(i)
(0
10,899
8,704
214
2,815
13,369
34,273
14,386
3,742
67,291
5,115
2,334
2,459
18,523
3,115
214
7,286
2,815
13,369
37,805
. 37,978
3,742
67,291
12,569
92,491
30,254
25,456
4,853
1Enumeration impracticable.
138
14
1
................. 1.................
<1,222
0
<3)
<*>
0)
0)
400,000
14
8,964
6,221
1
130,000
4,665,260
138
350,716
4,665,260
1,563
.6,206
3,145
8,030
14,703
1
(0
1,222
(3)
<9
21.6
0)
0)
0)
4,930
640,555
21.6
10,899
8,704
8 Estimated.
8Not reported.
350,930
130,000
2,815
13,369
39,368
37,978
3,742
67,291
12,569
97,-421
30,254
640,000
25,456
4,853
to
Cn
T ab le
B .— KIND, QUANTITY, AND VALUE OF ARTICLES PRODUCED, BY SYSTEM AND BY INSTITUTION—Contd.
STATE
Institution, article produced, and
unit
Aver
age
num
ber of
State use
con
victs
em
ployed Number Value
P R IS O N S — Continued
Number and value of articles produced under each system
Public works
Num
ber
Value
Public account
Number
Value
Piece price
Number
Value
Total
Contract
Number
Value
Number
Value
103
37
12
$39,061
12,620
7,500
1
r
1,766
i
1,710
4,372
39,769
13,870
6,438
21,066
4,890
908
<*>
3,012
5,600
r
1,710
4,372
78,830
.13,870
19,058
21,066
4,890
317
4
12
208
30
54
64
10
62
8
26
250
i
908
(*)
3,012
13,100
*9
225.000
1.766
1,687
0)
1.710
4.372
46,856
13.870
6,438
26.939
4.890
500.000
3.012
5,600
$225,000
C1)
7,087
0)
5,873
8
8
.500,000 ■
'
250
908
(3)
<9
1,766
$63,571
12,620
7*500
$24,510
1
<9
317
4
12
105
30
17
64
10
62
8
14
0)
250
49
225.000
1.766
1^687
1.710
4.372
110,427
13.870
19,058
26.939
4.890
500.000
3.012
13,100
225,000
0)
31,597
(0
5,873
250
908
500,000
(3)
CONVICT LABOR IN 1923
COLORADO
STATE REFORMATOET
Farm, garden, dairy, and livestock—.
Linens, etc
___. ___. __ _____
Shoes repaired.___________ pairs—
STATE PENITENTIARY
Building______________ buildings..
Clothing:
Garments, misccllftnenns . _
Tailored
pieces...
Farm, garden, dairy, and livestock. _.
Lime..
pounds...
Linens, etc __ _ _ _ _______
Quarried and crushed stone
,. _ _
Repair and shop worlr_ __ _____
Roads______________
miles
Shoes___ ________________ pairs
Shoes repaired_____________ do___
TOTAL
Building ___________buildings_
Clothing:
Garments, miscellaneous_______
Tailored______________pieces—
Farm, garden, dairy, and livestock.
Lime
_ _____________ pounds
Linens, etc _ __ ____ _________
Quarried and crushed stone. __
Repair and shop work___ _______
Roads ._
___.......
miles _
Shoes
_
__
pairs
Shoes repaired
___
do
CONNECTICUT
STATE REFORMATORY
Farm, garden, dairy, and livestock__
Printing:
Books and bulletins......................
Forms, circulars, etc......................
Other.............................................
Repair and shop work.........................
Shoes repaired.— ....................pairs..
Tags, auto.................................do___
40
0)
$14,876
6
14
(4)
45
8
30
203,038
43,961
101,739
4,610,670
70,394
(«)
634
$7,963
20,348
126
9,042
525
0)
101,739
4,610,670
70,394
(«)
634
203,038
$14,876
0)
10,940
7,963
20,348
126
9,042
525
43,961
STATE FARM FOR WOMEN
Farm, garden, dairy, and livestock...
0)
10,940
11
0)
5,235
353
72
0)
31,051
21
STATE PRISON
353
1,775,464 *$2,308,103
1,775,464 22,308,103
5,235
(*)
1,775,464 22,308,103
1,775,464 22,308,103
31,051
0)
101,739
7,963
4,610,670
20,348
70,394
126
9,042
(8)
634
525
203,038
43,961
TOTAL
Clothing: Shirts, work...................
Farm, garden, dairy, and livestock...
Printing:
Books and bulletins................ —
Forms, circulars, etc..................
Other..........................................
Repair and shop work......................
Shoes repaired........................... pairs
Tags, auto..................................do..
6
14
8
30
203,038
43,961
101,739
4,610,670
70,394
(«)
634
7,963
20,348
126
9,042
525
GENERAL. TABLES
Clothing: Shirts, work........................
Farm, garden, dairy, and livestock...
DELAWARE
NEWCASTLE COUNTY WORKHOUSE
C lo th in g * P a n t s , m e n ' s , w o r k
Farm, garden, dairy, and livestock...
T .in e n s , a t e
199
38
8
8
$6,020
4,500
<9
$6,000
330,492
0)
$413,480
71,661
330,492
0)
$413,480
13,681
4,500
i Enumeration impracticable.
5Less than 1.
*Estimated.
636 jobs auto repairing, 16 jobs blacksmithing, and 3,840 miscellaneous wooden articles made.
»Not reported.
7 Value of labor only.
4Including 1 A miles of concrete road, value $55,000, and small buildings and repairs.
to
-a
T ab le
B .—KIND, QUANTITY, AND VALUE OF ARTICLES PRODUCED, BY SYSTEM AND BY INSTITUTION—Contd.
STATE PRISONS—Continued
Institution, article produced, and
unit
Aver
age
num
State use
ber of
con
victs
em
ployed Number Value
Number and value of articles produced under each system '
Public works
Num
ber
Value
Public account .
Number
Value
Piece price.
Number
Value
Total
Contract
Number
Value
Number
Value
DISTRICT REFORMATORY
Promts__ r „ ,
____
Building______________ buildings. .
Farm, garden, dairy, and livestock...
.miles
Bailrnad________ -
2
48
26
16
4,416
12,333
0)
13,904
5 21125.000
240,000
0)
5
12,333
2125.000
13,904
240,000
2,811,800
0)
0)
179.151
49.652
59,410
250
6.270
4.416
0)
0)
DISTRICT WORKHOUSE
Brick, . ,
....... ......... Farm, garden, dairy, and livestock...
T,i|1GTlS, fttfi
_ ...... _
T,timber ,
__
.
feet
Quarried and crushed stone (sand and
gravel) r rT, T ..
_____
60 2,811,800
54
0$
1 1 (0
10
179,151
3
0)
49.652
59,410
250
6,270
660
0)
660
TOTAL
Briek
______________________
BrOOC^' . ^ -r-r
r
Building - -bni)dings.T
Farm, garden, dairy, and livestock...
Uncus, etc
__
.
Lumber___________________ feet _ _
Quarried and crushed stone (sand and
gravel). _ _ ......... ..
Railroad_________________________________miles. _
60 2,811,800
4,416
2
48
80
1
8
10
179,151
3
16
0)
49.652
2,333
5
73,314
250
6,270
2 125,000
2,811,800
4.416
5
0)
179.151
660
0)
240,000
0)
0)
49.652
2,333
2125.000
73,314
250
6.270
660
240,000
CONVICT LABOR IN 1923
DISTRICT OF COLUMBIA
FLORIJM
177°— 25t-
STATE FARM
Building................................ factory..
Clothing: Garments, miscellaneous...
Farm, garden, dairy, and livestock...
Linens, etc...........................................
Repair and shop work.........................
Roads........................................miles..
Shoes........................................ pairs..
Shoes repaired..........................do___
6
2
204
33
14
757
10
2
362
0)
0)
0)
1,213
2,382
$362
92,819
4,737
17,100
3,926
1,428
1
$12,000
$12,000
362
133,925
4,737
17,100
2,026,318
3,926
1,428
$41,106
0)
___
155.7 2,026,318
GEORGIA
STATE FARM
T ?nads
m ile s
440
3,258
$41,643
0)
8$5,030,350
0)
$12,195
1,549.2
$53,838
p)
1,649.2 85,030,350
IDAHO
STATE PENITENTIARY
Clothing:
Garments, miscellaneous..............
Tailored........................... pieces..
Farm, garden, dairy, and livestock...
Linens, etc...........................................
Repair and shop work.........................
Shoes.........................................pairs..
Shoes repaired..........................do___
2
2
23
(8)
(«)
15
(«)
i Enumeration impracticable.
675
90
0)
(0
(0
874
16
$931
905
7,740
134
600
3,410
18
861
*Estimated.
675
90
$2,881
0)
3,426
* Less than 1.
8
i
j
<*>
1,735
16
$931
905
10,621
134
600
6,836
18
G EN ER AL TABLES
Farm, garden, dairy, and livestock...
8Spur; miles not reported.
to
CO
T able B __ KIND, QUANTITY, AND VALUE OF ARTICLES PRODUCED, BY SYSTEM AND BY INSTITUTION—Contd.
g
STATE PRISONS— Continued
Institution, article produced, and
unit
Aver
age
num
ber of
State use
convicts
em
ployed Number Value
Number and value of articles produced under each system
Public works
Num
ber
Value
Piece price
Public account
Number
Value
Number
Value
Contract
Number
Value
Total
Number
Value
W OM EN’S PRISON
Farm, garden, dairy, and livestock...
Flags_
____, _,r_ _ .
Laundry _ ___
Linens, otpn, . n. T, T„nnr„ TTff»T, T,
-
1
1
5
2
(0
$466
539
17,000
989
0)
40,669
3,668
34
75
12
9,917
205
202
68
41,856
2,032
73,513
0)
35
180,000
8
$60
43
180,000
0)
$466
599
17,000
989
1
500,000
40,791
53,668
10,874
1,095
3,626
0)
0)
31,911
71,558
56,275
1,460
18,758
41,856
2,032
73,513
856,000
0)
22,336
6,845
29,093
83,532
STATE PENITENTIARY
Building______
___ prison
Farm, garden, dairy, and livestock...
Furniture:
Chairs, wond___
r_ _
Chairs, fiber
,T„
Other fnrniture, wood
Other furniture, fiber....................
Quarried and crushed stone................
Repair and shop work_
_ _
Shoes _ ___ __
r
pairs__
677
94
173
136
3
45
122
9
76
(i)
31,911
25
53
40
74
400
(i)
29,093
21,399
80,032
•155,556
(»)
8,000
0)
(i)
1
$500,000
(>)
50,000
10,840
1,020
3,614
122
0)
61,641
56,070
1,258
18,690
SOUTHERN PENITENTIARY
Brick_______T_____________
Knit goods: Hosiery............... dozen..
Linens, etc...........................................
________
856,000
6,845
Farm, garden, dairy, and livestock...
937
3,500
and crushed stone
80,031
0) Quarried
•155,555
8
88,031
1,594
(*)
6,225
30,029
STATE REFORMATORY
Clothing, tailored.............. .pieces..
Farm, garden, dairy, and livestock...
10
26
1,594
0)
6,226
30,029
.........
CONVICT LABOR IN 1923
ILLINOIS
Furniture, fiber:
Chairs....__ ____ __________
Desks............................................
Rockers, settees, and benches___
Tables...........................................
Other furniture............................ .
Linens, etc...................... . ................. .
Printing:
Blank books.......................... .......
Forms, circulars, etc.................... .
Shoes.........................................pairs..
242
5,181
10
(*)
18
27
24
65
376
574
507
10,962
(l)
1,615
102 12,158,056
9,355
32
11
I
27,688 !
53
2,009
3,068
2,710
2,848 '
26,663 •
5,739
5,181
10
376
574
507
0)
1,615
...'12,158,056
9,355
27,688
53
2,009
3,068
2,710
» 10,962
2,848
26,663
5,739
STATS FARM
Farm, garden, dairy, and livestock..
12,654
<*)
0)
14,340
(0
TOTAL
25
677
10
212
1
500,000
856,000
43
6,845
500,000
6,225
114,719
599
61,641
83,758
53
53,668
16,055
10
71,558
83,963
53
376
574
1,095
4,133
22,336
180,000
0)
1,615
12,158,056
0)
0)
41,266
2,009
3,068
1,460
21,468
83,532
17,000
•167,506
34
9,917
205
50,000
16,021
75
202
1,020
21,399
180,000
80,032
17,000
• 167,506
4,121
937
2,009
3,068
1,258
21,400
3,500
0)
80,031
0)
10
(«)
12
0)
11
1,615
102 12,158,056
522
9
108
856,000
1
1,594
35
0
173
378
18
27
3
69
40
5
141
6,845
6,225
112,911
539
1,594
8
41,266
68
2,848
26,663
49,856
2,032
79,252
376
574
GENERAL* TABLES
Brick................................................... .
Building............ .................... prison..
Clothing, tailored....................pieces..
Farm, garden, dairy, and livestock...
Flags....................................................
Furniture:
Chairs, wood..... .....................
Chairs, fiber..................................
Desks, fiber..................................
Rockers, seettes and benches,
fiber............................................
Tables, fiber..............................
Other furniture, wood..................
Other furniture, fiber.................. .
Knit goods, hosiery.................dozen..
Laundry.......................... .................
Linens, etc.........................................
Printing:
Blank books..................................
Forms, circulars, etc............... .
Quarried and crushed stone...............
Repairs and shop work.......................
Shoes....................................... pairs..
2,848
26,663
129,887
2,032
79,252
1 Enumeration impracticable.
6Less than 1.
• Including 70,248 miscellaneous garments, value not specified.
» Including some miscellaneous garments, value not specified.
CO
Institution, article produced, and
unit
Number and value of articles produced under each system
Aver
age
num
State use
ber of
Piece price
Contract
Public works
Public account
convicts
em
Num Value Number Value Number
Value
Number Value
ployed Number Value „ ber
ind :IANA
: Total
Number
Value
V
0)
$5,081
m
w
" I ’m
53,424
213
0)
53,424
0)
(»)
$5,081
3,988
1,771
213
1,691
4,927
40,590
121,504
20,388
0)
30,821
1,846,331
7,660
18,427
40,590
124,014
14,628
5,508
3,026
$3,988
<3)
STATE REFORMATORT
Brooms.....................................
Farm, garden, dairy, and livestock..
Furniture, fiber: Chairs.............. .
Hollow ware_____________ pounds.
Linens, etc............................... .
Printing....................................
Repairs and shop work___________
8
8
142
98
15,450
0)
5,969
13,500
41,800
2,510
14,628
5,508
3,026
4,938
<*)
30,821
1,804,531
8
0)
-*•. PRISON
Clothing:
Shirts, wj
...................... .
Tailored...................... pieces.
Farm, garden, dairy, and livestock..
Furniture, reed: Chairs1*............ .
Knit goods, hosiery.___:.......dozen.
Linens, etc............................... .
Monuments............................ .
Printing....................................
Repairs and shop work.................
Road signs............................... .
Shoes..*.. .........................pairs.
Tags. auto.'......................... do..
Textiles: Cotton cloth..........yards.
Tobacco,. Shewing and smok
ing............................. pounds.
Twine, binder!*.................... do...
291
15
21
70
1
7
18
3
9
54
50
10
13
7
149
14,640
7,800
0)
3,363
535
0)
.........
7,321
36,307
20,631
i
642
2,273
j
(0
10,100
-L.
(3)
18,427
12,617
39,566
700
6,106
103,466
27,643
2,018
3,200
28,036
11,214
.
j
8,200
j
!
„=,
) l.
i
!
598,008 ; $323,924
121,815
243,636
i
121,206 •
10,890 j
'
. . 59, 288
(3) .
J
.
„
856,284
7,800
0)
14,253
535
0)
..
34,069
'
<3).
52,496
12,617
39,566,
51,110
i
4,374,425 ' 345,183
........... ;
28,036
4,374,425,
453,060
36,307,
28,831
131,306
642
2,273,
59,288!
700.
6,106
103,466.
78,.753!
2,018
3,200,
11,214
345,183
CONVICT LABOR I N 1923
W OM EN’S PRISON
Farm, garden, dairy, and livestock..
Laundry work.......... .................
Linens, etc............................... .
Rugs and art work..................... .
32
T able B .—KIND, QUANTITY, AND VALUE OF ARTICLES PRODUCED, BY SYSTEM AND BY INSTITUTION—Contd.
STATE PRISONS— Continued
....
STATE FARM
Baskets, willow.................... ;............
Brick and tile:
Brick, building.........-.................
Brick, paving...............................
Tile, building...............................
Tile, drain........:..........................
Brooms...............................................
Building.............................buildings.
Coal............................................ tons.
Farm, garden, dairy, and livestock..
Lime and pulverized limestone.........
Linens, etc.........................................
Lumber....................................... feet.
Quarried and crushed stone...............
Repairs and shop work.......... ..........
591
498
15,381
12,780
15,972
13,278
69 3,717,060
2,000
(8)
216,187
18
5
83,998
1
2,356
28
53
(5)
86
0)
2
0)
4
0)
40,273
1
56
1
0)
42,154
40
7,149
2,057
890
• 256,410
2,248
68,270
102,664
180
2,865
57
2,233
2,554
65
1,973,470
4,248
284,457
186,662
2,536
<9
<9
3,958
1,208
45,019
97
9,382
4,611
955
830,000
53
52,716
2,137
6,863
2,422
47,180
46
(IS)
53
48,758
929
6,863
2,400
31,558
327
8$30,000
(13)
<9
<9
22
15,622
76
1,138
53
8
0)
41,411
8
TOTAL
1 Enumeration impracticable.
591
498
15,381
12,780
15,972
13,278
69 3,717,060
2,000
(8)
18
216,187
83,998.
5
9
17,806
28
42,154
40
7,149
2,057
6,859
256,410
2,248
68,270
102,664
5,118
2,865
57
2,233
2,554
1,756
3,973,470
4,248
284,457
186,662
22,924
45,019
97
9,382
4,611
8,615
8 30,000
291
15
(8)
130
212
98
1
10
2
50
1
18
11
56
14
54
2
50
10
13
243,636
121,815
598,008
323,924
<9
7,321
36,307
53
87,970
10,100
2,510
642
17,085
40,590
121,504
856,284
7,800
53
10,890
121,206
<9
<9
929
25,535
2,400
45,074
1,846,331
535
53,424
52,496
12,617
39,566
453,060
36,307
53
105,055
171,896
124,014
642
3,988
2,137
25,535
2,422
59,288
6,208
47,180
9,535
103,466
213
78,753
2,018
3,200
28,036
4,374,425
11,214
345,183
46
7
149
8Estimated.
14,640
7,800
53
3,363
41,800
535
40,273
(3)
<9
<9
(3).
18,427
12,617
39,566
28,036
.
(13)
830,000
<9
30,821
1,804,531
S3,424
(*)
1,138
3,988
1,208
27,643
2,018
3,200
11,214
8Less than 1.
(9
<9
15,622
76
<3)
34,069
213
51,110
4,374,425
345,183
0)
8
22
(3)
6,208
31,558
9,459
103,466
3Not reported.
(A
59,288
18Including some settees and other furniture.
41,411
(3)
(3)
I
<3)
131 cottage, 3 brick kilns, culverts, etc.
G EN ER AL TABLES
Baskets, willow..................................
Brick and tile:
Brick, building............................
Brick, paving..................... .........
Tile, building......... ............... .
Tile, drain....................................
Brooms...............................................
Building.............................buildings.
Clothing:
Shirts, work.................................
Tailored............................ pieces.
Coal............................................tons.
Farm, garden, dairy, and livestock..
Furniture, reed and fiber: Chairs 18..
Hoilowware_____________ pounds.
Knit goods: Hosiery............... dozen.
Laundry work....................................
Lime and pulverized lime stone........
Linens, etc.........................................
Lumber_____________
feet.
Monuments.......................................
Printing..............................................
Quarried and crushed stone...............
Repair and shop work.......................
Road signs. .......................................
Rugs and art work...........................
Shoes..............
pairs.
Tags, auto..................................do...
Textiles: Cotton cloth. .......... yards.
Tobacco, chewing and smoking
...........................................pounds.
Twine, binder............................do—_
CO
CO
T able B*—KIND, QUANTITY, AND VALUE OF ARTICLES PRODUCED, BY SYSTEM AND BY INSTITUTION—ContdL
CO
STATE PRISONS—Continued
Institution, article produced, and
unit
Aver
age
num
ber of
State use
con
victs
em
ployed Number Value
Number and value of articles produced under each system
Public works
Num
ber
Public account
Value
Number
Value
Piece price
Value
1,367,963
>$854,970
Number
Value
Number
Value
IOWA
MEN’S REFORMATORY
812
10
10
31
10
186
27
3,117
£070
1,040
2.116
«
84
8
900
1
43 1,381,456
1
71,000
53
0
32
1,311
3,128
10
27
$3,432
2,587
10,400
3,174
70,811
8,970
0)
$19,559
1,367,963 >$854,970
3,117
3,432
2,070
2,587
1,040
10,400
3,174
2,116
90,370
8,970
84
900
1,381,456
71,000
1,020
270
12,965
102
18,900
5,008
1,584
.117,500
102
0
18,900
5,008
1,584
47,162
0
66,000
1,311
3,128
117,500
47,162
1,020
270
12,965
STATE PENITENTIARY
Building........................ ....................
Clothing:
Garments, miscellaneous............
Shirts, work.................................
Tailored............................ pieces.
Farm, garden, dairy, and livestock..
Furniture* wood: Chairs--...............
Linens, etc.........................................
Repair and shop work.......................
Shoes.— . . : .............................. pairs.
Shoes, repaired—....... ............... do....
100
1
226
3
58
166
4
0
1,714
1,970
913
7,065
47,970
15,916
7,690
000
10
1
928
0
.
*$66,000
804,551
0
95,000
12,076
302,404
>502,844
1,714
804,551
1,913
0
100,000
* 6,000
3,248
3,400
928
0
1,970
>502,844
7; 065
60,046
318,320
7,690
>
6,000
3,248
3.400
1923
Clothing:
Aprons, bungalow.......................
Garments, miscellaneous...........
Overalls.......................................
Tailored........................... pieces.
Unionalls........................ ............
Farm, garden, dairy, and livestock..
Linens, etc.........................................
Printing:
Books, blank______. . . . . . . . . . . .
Books, bulletins, etc....................
Forms, circulars, pamphlets, etc.
Other............................................
Repair and shop work.......................
Shoes.........................................pairs.
8hoes, repaired..............
do...
Tubs, butter......................................
CO NVICT LABOR I N
Number
Total
Contract
W OM EN’S REFOBMATOBY
Clothing: Garments, miscellaneous...
Farm, garden, dairy, and livestock...
Linens, etc......................................... .
7
33
33
364
8
437
10,697
2,182
0)
364
676
0
to
437
11,273
2,182
TOTAL
Building............................. building..
Clothing:
Aprons, bungalow.........................
Garments, miscellaneous. - ..........
Overalls....... ................. ............. .
Shirts, work...................................
Tailored....... .................... pieces..
Unionalls.......................................
Farm, garden, dairy, and livestock-. .
Furniture, wood: Chairs.....................
Linens, etc...................... ....................
Printing:
Books, blank................................
Books, bulletins, etc.....................
Forms, circulars, pamphlets, etc—
Other.............................................
Repair and shop work....... .................
Shoes......................................... pairs..
Shoes, repaired.......... ...............do___
Tubs, butter ........................................
100
312
18
(*)
10
6,195
2,070
10
2,953
2,116
226
34
277
166
64
(M)
5,000
266,000
2,587
17,465
3,174
129,378
15,916
18,842
84
1,020
3
270
9Q0
1
43 1,381,456
12,965
102
71,000
1
w 24,900
63
0
8,256
33
4,984
M3,128
12
27
0)
95,000
117,500
32,311
302,404
47,162
1,367,963
2854,970
804,551
2552,844
0
1,367,963
5,195
2,070
804,551
2,953
2,116
0)
100,000
0
84
900
1,381,456
71,000
0
2,239
« 3,128
117,500
2 66,000
2854,970
5,839
2,587
2502,844
17,465
3,174
161,089
318,320
18,842
1,020
270
12,965
102
« 24,900
8,256
4,984
47,162
1Enumeration impracticable.
2Estimated.
8Not reported.
mUsed or marketed 28,448 bushels of corn, 9,055 bushels of oats, 392 tons of hay.
15Partly estimated.
mNot including the number repaired of $3,400 in value.
CO
Of
T abus B — KIND, QUANTITY, AND VALUE OF ARTICLES PRODUCED, BY SYSTEM AND BY INSTITUTION—Contd.
W
STATE PRISONS—Continued
Institution, article produced, and
unit
Avert
age
num
ber of
State use
con
victs
em
Value
ployed Number
Number and value of articles produced, under each system
Public works
Num
ber
Value
Public account
Number
Value
P ie c e
Number
price
Value
Contract
Number
Value
Total
Number
Value
STATE INDUSTRIAL FARM
Farm, garden, dairy, and livestock...
Linens, etc_____________________
89
10
8
$15,260
2,151
(0
$1,447
0)
0)
$16,707
2,151
2.986.000
1
41.804
2195.000
STATE PENITENTIARY
Brie*
Building
_
._ _
prison _
Clothing:
Garments, miscellaneous..
Tailored r___ __ ___ pieces
Coal_____________________ tons..
Farm, garden, dairy, and livestock...
Linens, etc.. - ___________ ______
Shoes repaved -,
.. . r - pairs
Twine_________________ pounds _ _
104 2,986,000
63
16
15
352
101
24
6
101
41,804
7,936
1,472
40,872
0)
0)
” 7,393
10,146
9,846
143,053
30,184
15,304
3,539
104 2,986,000
63
41,804
1
2 $195,000
14,171
49,599
7.936
1.472
55.043
3,626,500
290,120
si
” 7,393
3.626.500
10.146
9.846
192.652
30,184
15,304
3.539
290.120
6.986.000
1
41.804
2195.000
7.936
1.472
55.043
10.146
9.846
192.652
46,891
17,455
3.539
290.120
TOTAL
B ric k
....
B u ild in g _
_
_ ____prison _
Clothing:
Garments, miscellaneous..............
10,146
16
7,936
T ailored
_
pieces
15
1,472
9,846
Coal___ __________________ tons..
352
40.872 143,053
45,444
190 and livestock...
Farm, garden, dairy,
17,455
34
Linens, etc.____________________
(*>
Shoes repaired
pairs
” 7,393
3,539
6
Twine__ _______________ pounds
101
1
*195,000
49,599
1,447
3,626,500
290,120
8
” 7,393
3.626.500
CONVICT LABOR I N 1923
KANSAS
KENTUCKY
STATE PENITENTIARY
Brooms..,............................................
Clothing: Shirts, work........................
Farm, garden, dairy, and livestock...
Harness, horse collars.......................
Linens, etc........................... ...............
Repair and shop work.......... .............
65
230
6
03
16
13
(*)
$14,250
0)
0)
V16,*666
0)
716,232
* 952,444
$6,063
148,320
$474,560
8 629,161
716,232
952,444
213,210
148,320
(0
no, ooo
$474,560
629,161
20,313
213,210
310,000
310,000
STATE REFORMATORY
72
556,200
25,202
26,200
404
7
177
61
521
0)
16,375
6,800
<9
18 41,484
370,800
556,200
370,800
25,202
21,002
*2,005,320 21,336,880 2,031,520 1,353,255
6,800
4037000" ” ’503,’750'
403,000
503,750
1841,484
(0
1,102,295 ’3,'306,’885* 1,102,295 3,306,885
21,002
TOTAL
Brooms.................................................
Clothing:
Overalls and jumpers....................
Shirts, work............1.....................
Farm, garden, dairy, and livestock...
Furniture, wicker and reed: Chairs...
Harness, horse collars........................
Linens, etc...................... ....................
Repair and shop work..... ...................
Shoes.........................................pairs..
137
1,272,432
30
634
13
177
93
77
13
521
25,202
26,200
o5
(i)
[i)
16,375
21,050
845,360 1,272,432
845,360
25,202
21,002
2,957,764 21,966,041 2,983,964 1,982,416
27,113
0)
403,000
403,000
503,750
503,750
148,320
213,210
148,320
213,210
i» 51,484
0)
2 10,000
0)
1,102,295 3,306,885 1,102,295 3,306,885
21,002
0)
i»51,484
210,000
GENER AL TABLES
Brooms.................................................
Clothing:
Overalls and jumpers....................
Shirts, work...................................
Farm, garden, dairy, and livestock...
Furniture, wicker and reed: Chairs...
Linens, etc...........................................
Shoes......................................... pairs..
LOUISIANA
STATE PENITENTIARY
Building__ _____ ________ levee.. .
Farm, garden, dairy, and livestock...
Linens, etc_____________________
Shoes. .... . . .
pairs
1 Enumeration impracticable.
....
2 Estimated.
17 Not including 41 sets harness repaired.
1
455
633
15
7
0)
6,780
$53,291
$24,762
18,645
..
I®Including miscellaneous garments and tailored clothing.
1*Including $10,000 estimated and miscellaneous garments and tailored clothing.
(»)
$161,294
*
1
(20)
0)
6,780
$53,291
161,294
24,762
18,645
Impractible to enumerate all articles produced, among them, however, were 21,243 tons of
sugar cane and 1,456,704 pounds of rice.
aIncludes $813,344, estimated.
8Includes $542,224, estimated.
CO
Table B .—KIND, QUANTITY, AND VALUE OF ARTICLES PRODUCED, BY SYSTEM AND BY INSTITUTION—Contd.
STATE PRISONS—Continued
Aver-*
age
num
ber of
State use
convicts
em
ployed Number Value
Institution, article produced, and
unit
Number and value of articles produced under each system
Public works
Num
ber
Value
Public account
Number
Value
Number
Value
Total
Contract
Piece price
Number
Value
Number
Value
STATS PRISON
_ __
Perm, garden, dairy, and livestock
F a rm implements
. _ r ri _ _
. ._
H arness __ ____ _
sets _
75
._
12
54
42
0)
$12,666
0)
510
» 1,200
$10,554
29,950
91,000
382,524
$159,385
382,524
(1 )
510
» 1,200
$159,385
22,554
29,950
91,000
STATS REFORMATORY FOR WOMEN
Farm, garden, dairy, and livestock...
ete
_ .
_ _ ___
Lin en s,
(0
6,733
20
12
0)
3,370
75
15
34
54
42
46
(9
22,103
2
46
(i)
(i)
319
229
0)
(l)
7,052
229
STATS REFORMATORY FOR MEN
Building____ ______ r_. .buildings __
Farm, garden, dairy, and livestock...
Wood pulp.
rT _
—
-
15
7
$70,000
2
<9
7,000
3,614
(8)
0)
3 60,000
9
77,000
6,984
3 60,000
14
TOTAL
B r o o m s _____
______
_r
B u ild in g ___
_____
b u ild in g s ,
Farm, garden, dairy, and livestock...
Farm implements........................... ..
H a rn e s s . . . .
r _ __
sets r
Linens, etc..........................................
Wood pulp..........................................
12
7
70,000
(i)
2
510
a 1,200
(>5
7,000
14,487
29,950
91,000
229
382,524
159,385
382,524
9
(9
a
<9
3 60,000
510
1,200
0)
(i)
159,385
77,000
36,590
29,950
91,000
229
3 60,000
CONVICT LABOB I N 1923
MAINE
B ro o m s ___________
gg
MARYLAND
STATE PENITENTIARY
Building........... dormitory and oven_
Clothing:
Pants, work........................pairs.
Shirts, work.................................
Furniture, wood: Chairs..................
Hollow ware......................... pounds.
Linens, etc.........................................
Printing..............................................
Roads_______________ . ___miles.
Shoes......................................... pairs.
Tags, auto................................. do...
2
87
28
192
4
11
39
125
9
%
7,250
134,945
2 $16,000
14,962
16,927
22,967
0
$55,292
2
$55,292
1.011,804 1.050,524 1,011,804 1,050,524
2 540,000 *275,000 *540,000 *275,000
22 5,400
2*5,400
*90,000
*90,000
228,752 4,543,100
4,543,100
228,752
*16,000
14,962
** 19,541
*316,362
(3)
141,918 «292,229
134,668 c275,302
134,945
22,967
*3$3,179
HOUSE o r CORRECTION
78,348
33
149
122
35
12
0
16,274
0
0
39
17
$2,850
1,561
2292,800
*576,000
0
2900,000
68,172
16,439
78,348
16,439
*366,000
*240,000
71,667
*15,000
23 14,840
31,245
*292,800
*576,000
*900,000
*366,000
*240,000
20,791
*15,000
16,401
31,245
16,439
55,292
78,348
16,439
55,292
0
0
68,172
TOTAL
78,348
2
455
209
35
28
0
16,274
33
Baskets, wire...................................
Building...........dormitory and oven.
Clothing:
Pgnts, work..............................
Shirts, work.................................
Farm, garden, dairy, and livestock..
Furniture, wood: Chairs..................
Handkerchiefs....................................
Hollow ware..............
pounds.
Linens, etc.........................................
Printing..............................................
Roads...............
miles.
Shoes......................................... pairs.
Tags, auto................................. do...
Traps, wire.........................................
*16,000
14,962
7,250
134,945
16,927
22,967
0
12
192
4
11
78
125
9
17
1 Enumeration impracticable.
* Estimated.
3 Not reported.
7 Value of labor only.
0
*34,740
2,850
2
G EN ER AL TABLES
Baskets, wire.....................................
Clothing:
Pants, work...................... pairs.
Shirts, work.................................
Farm, garden, dairy, and livestock..
Handkerchiefs....................................
Roads.......................................miles.
Traps, wire........................ ...............
1,304,604 1,416,524 1,304,604 1,416,524
21,116,000 *515,000 *1,116,000 * 515,000
20,791
* 1,667
0
*90,000
*90,000
2*5,400
225,400
*15,000
*15,000 *900,000
*900,000
228,752 4,543,100
228,752
4,543,100
*16,000
14,962
35,942
*>31,202
(8)
292,229
141,918
275/302
134,668
134,945
22,967
68,172
31,245
31,245
68,172
21 Not including 10,000 strappings and harness findings.
*> Including 1,800 settees.
** Amount paid by contractor or State to institution and inmates,
•Including estimate on boys’ shoes of $58,000.
0
CO
CO
T able B . — KIND, QUANTITY, AND VALUE OF ARTICLES PRODUCED, BY SYSTEM AND BY INSTITUTION—Contd.
O
STATE PRISONS—Continued
Institution, article produced, and
unit
Aver
age
num
ber of
State use
con
victs
em
ployed Number Value
Number and value of articles produced under each system
Public works
Num
ber
Value
Public account
Number
Value
Piece price
Number
Value
Contract
Number
Value
Total
Number
Value
STATE FARM
Farm, garden, dairy, and livestock...
151
$113,705
0)
<»>
<*>
$121,733
STATE PRISON
Brooms and brushes: Brushes.......... .
Clothing:
Garments, miscellaneous............ .
Tailored............................ pieces..
Knit, goods:
Hosiery....................dozen pairs..
Mittens............................d o __
Underwear......................... do___
Linens, etc................. ....................... .
Mattresses and upholstering............. .
Metal and aluminum ware............... .
Shoes.........................................pairs..
Tags, auto, etc......................... do....
38,537
47
4,351
3,307
44,038
35,230
10
75
10,987
23,406
12,502
82,274
1,253
4,327
1,429
15,197
12,240
27,733
13,931
97,471
5
7
30
316
472
746
v 746
47,695
1,057
10,005
6,782
45,323
103,236
35
49
1,276
52
296
9,380
500
51,725
12,891
146,130
351
521
7.778
im
798
1,042
57,075
1,557
61,730
19,673
191,453
103,236
<*>
20,722
8,795
2,072
202
29,837
1,036
4,851
9,196
3,220
10,000
0)
11,728
2,980
167
923
157,381
2
21
27
140
40
5 502
1,465
8,479
19,183
418,559
0)
5,994
16,318
24,797
122,652
418,559
STATE REFORMATORY
Farm, garden, dairy, and livestock...
Furniture, wood:
Chairs...........................................
Chair caning.................................
Chiffoniers, cabinets, and cases'...
Desks______ ____*_
___ _
Rockers, settees, and benches......
Tables..::::.............................
Other.............................................
Lumber.!....................................feet..
Printing: Forms, etc..........................
Repair and-shop work........................
Textiles................................... yards..
20,722
44
<*>
24
2,817
9,761
5,978
20,076
4
7
3
7
107
2,455
3,010
2,291
1,516
7,243
2,980
95
207
50
1,647
496
2,396
6,186
929
7,033
4,485
6
10
100
124
135
895
94,900
6
1
1
<*)
202 *4153,389
923 !.
138,145 ...
10,000
167
*a22,705
' 19,"236
2,072
$1,036
307
174
1,782
1,391
94,900
176,094
8,549
C O NVICT LABOR I N 1923
MASSACIHUSBTTS*
WOMEN’S reformatory
Clothingr *
Garments, nrnseellanertiis _ ____
T a i l o r e d ,pieces
Farm, garden, dairy, and livestock.._
Flags.. . 2 .................. ......... .................
Knit goods: Hosiery___ dozen pairs..
Linens, etc
...
. -
4
1
13
4
11
23
9,395
258
0)
334
6,358
0)
6,472
12
0)
2,-163
191
0)
10,758
1,516
3i;765
1,585
13,991
18,264
7,094
71
2,099
10,271
3,915
65,977
17,852
1,587
33,864
11,856
17,906
84,241
0)
55.259
0)
32,627
2,762
400
’
PRISON CAMP
Farm, garden, dairy, and livestock...
T.n-m+ipr___________________ feet..
Sand and gravel _ . ^ T
. _
15,867
270
0)
2,497
6*549
0)
36
3
1
0)
55,259
0)
20,077
2,762
400
0)
12,550
TOTAL .
47
4,351
3,307
44,038
35,230
48,389
38,537
14
76
244
4
20,382
2^664
23,260
83,790
186,269
1,585
7,725
4,339
0)
2,163
8,523
15,268
22,677
10,271
28,107
28,003
0)
2,497
31,783
99,058
208,946
11,856
24
6
4
7
3
7
10
2,817
9,761
5,978
20,076
107
100
124
135
895
2,455
3,010
2,291
1,516
7,243
95
207
50
1,647
496
2,396
6,186
929
7,033
4,485
8,795
2,072
202
307
174
1,782
1,391
29,837
1,036
4,851
9,196
3,220
8,549
11,728
16
6,674
472
7
30
6,502
25
0)
9
150,159
21
1,465
27
8,479
1
1
0)
1
0)
140
19,183
40
418,559
202 * 153,389
14,737
746
47,695
19,321
5,742
10,005
6,782
226
49
1,276
0)
5,994
16,318
10,000
3,967
296
9,380
66,477
103,469
146,130
« 22,705
19,236
6,900
521
7,778
0)
150,159
7,459
24,797
10,000
0)
0)
122,652
418,559
176,094
18,704
1,041
57,075
85,798
5,742
61,730
19,673
167
923
400
191,453
103,236
157,381
^334
1 Enumeration impracticable.
923
400
45,323
103,236
138,145
u
2,072
1,036
51,725
12,891
167
Includes 23,830 blankets.
« Includes 6,826 blankets.
G EN ER AL TABLES
Breams and brushes: Bi*n$hes.
Clothing:
Garments, miseellanenns
Tailored _ __________•_.pieces __
Farm, garden, dairy, and livestock—
Flags ,,; ,.,
_____
Furniture, wood:
nhairs . . ^ -r^ - _ - nhair caning
............... .
Chiffoniers, cabinets, and cases . . .
Pftnks
.......... T
Boomers, Settees, anrj benches
Tables __ _ _ _ __
Other
Knit goods:
Hosiery
dozen pairs
Mittens_______________ do___
Underwear..
do
Linens, etc _
Lumber___________________ feet..
Mattresses and upholstering
Metal and aluminum ware__ pieces..
Printing: Forms, etc_____________
Repair and shop work __ _ _
Sand and gravel
Shoes____________________ pairs..
Tags, auto, etc........................... do___
Textiles....................................yards..
T able B .—KIND, QUANTITY, AND VALUE OF ARTICLES PRODUCED, BY SYSTEM AND BY INSTITUTION—Contd.
to
STATE PRISONS—Continued
Institution, article produced and
unit
Aver
age
num
ber of
State use
con
victs
em
Value
ployed Number
Number and value of articles produced under each system
Public works
Num
ber
Value
Public account
Number
Value
Piece price
Number
Value
Contract
Number
Value
Total
Number
Value
REFORMATORY
Building....................................
Clothing: Garments, miscellaneous..
Farm, garden, dairy, and livestock...
Furniture, reed: Chairs.................
Mats, auto— .............................
Repair and shop work..................
Shoes................................ pairs.
Soap................... .....................
Toys..............
..............
sr .v
;
Brick........................................
Brushes.....................................
Building............................ .......
Clothing:
Overalls and jumpers..............
Tailored...................... pieces.
Farm, garden, dairy, and livestock—
Farm implements........................
Furniture, reed: Chairs.................
Linens, etc..........................................
Metal and aluminum ware.............
Monuments, memorial..................
Printing, miscellaneous................
Repair and shop work.............. .
Tags. auto................... :___ pairs.
Textiles: ’Cotton................. yardsTwine, binder.................. pounds.
153
25
86
318
2
17
29
10
22
84,923
0)
$34,299
45,815
0)
2^!62
6,768
67,937
30,619
107
14
325
379,671
4,050
7
1
127
5
158
1
7
43
10
20
31
16
276
9,109
3,736
o
3
81,981
12,254
150,567
285
7,400
13,057
3,109
(*)
2« 166,094 $166,094
4,700
1,915
4,100
1,622
0)
¥
733,148
12,388
5,574
6,191
14,793
87,977
4,897
496
$57,000
100,489
(»)
84,923
0)
166,094
4,700
0)
25,940
0)
140,690
$57,000
34,299
45,815
166,094
1,915
6,768
70,038
30,619
14,069
14,775,001
61,982
(8)
148,310
12,023
100,489
9,109
3,736
<*)
18
88,580
81,981
12,254
266,315
1,100
312,841
13,057
11,471
102,125
6,191
14,793
88,842
4,897
1,507,421
778
2,101
'HO,“690
"14,069
14,395,330
57,932
144,210
10,401
(27)
15
88,580
115,748
815
312,841
17,969
2,403
8,362
102,125
25,369
2,4
r f403
5,230
865
738,378
12,388
16,922,915
16,9f7,‘341 1,506,925
8
CONVICT LABOR IN 1923
MiCIIIGAN
HOUSE OP CORRECTION
Bor shooks, lmneked down
_ feet .
_________ __ ____
Building
Clothing:
Garments, miscellaneous _
Overalls and jumpers___ ____
Tailored-.
_____pieces_
Farm, garden, dairy, and livestock__
f.inens, etc__ _
_
Tiiimhflr________ __ ______ feet__
96
19
514,283
11,828
(3)
4
2,456
16,350
103
870
6
33
0)
4
(>)
35 2,464,542
1,279
17,037
2,116
13,269
1,441
53,364
514,283
379,671
4,050
11,828
4,100
1,622
87,379
29
25,459
110
4,606
7
246
5
W 3
476
5
0)
35 2,464,542
2
7
7,400
43
10
37
8
29
25,162
10
0)
31
733,148
12,388
16
22
5,574
276
35,578
99,018
14,370
209,651
285
32,876
5,313,799
124,685
233,353
244,810
: ___1
184,000
24,397
5,313,799
14,395,330
57,932
124,685
144,210
10,401
233,353
244,810
5.828.082
0
2,456
249,703
870
8
2.648.542
136,513
32,876
1,270
261,847
2,116
13,269
1,441
77,761
TOTAL
"Roy sthenic, knoeked
print
Brushes . , . . „ r n, ,
feet.
_
Linens, etc
Lum ber. .
.
Mats, auto___ _
lf,r _ _ feet. _
___________
Metal and aluminum ware
Monuments, memorial____
Printing, miseellanenns
____
Repair and shop work............... .........
Shoes____________________ pairs..
Soap___________________
Tags, auto________________ pairs..
Textiles: Cotton
yards
Toys....................................................
Twine, binder____
_ _ pounds
1Enumeration impracticable.
<*>
14,498
53,364
190,365
(27)
15
» 254,674
115,748
815
478,935
184,000
4,700
17,969
2,403
24,397
1,915
8,362
102,125
778
2,101
5,230
865
3,109
6,191
21,561
67,937
30,619
87,977
4,897
3Not reported.
496
5.828.082
14,775,001
61,982
0
87,379
258,812
4.606
0}
18
26254.674
o5
2.648.542
4,700
25,369
2.403
(A
14,069
140,690
16,917,341 1,506,925
**Chairs, stools, etc.
0
25,940
0
738,378
12,388
140,690
16,922,915
136,513
148,310
12,023
190,365
35,578
343,828
14,370
325,399
1,100
478,935
14,498
77,761
1,915
11,471
102,125
6,191
21,561
70,038
30,619
88,842
4,897
14,069
,507,421
G E N ER AL TABLES
Building_______
_ buildings-.
Clothing:
Garments, miscellaneous_______
Overalls and jumpers__________
Tailored
_
_-pieces__
Farm, garden, dairy, and livestock.
Farm implements
Furniture, reed : Chairs
96
107
14
497
» Canned fruits, vegetables^ etc., 56,398 cans; vinegar, 42,750 gallons
CO
T able B .—KIND, QUANTITY, AND VALUE OF ARTICLES PRODUCED, BY SYSTEM AND BY INSTITUTION—Contd.
STATE PRISONS—Continued
Institution, article produced, and
unit
Aver
age
num
ber of
State use
convicts
em
Value
ployed Number
.
£
* .
Number and value of articles produced under each system
Public works
Num
ber
Value
Public account
Number
Value
Piece price
Number
Value
Contract
Number
Value
Total
Number
Value
MINNESOTA
1
9,964
7,021
0)
.8
0)
8TATE REFORMATORY FOR WOMEN
Clothing:
Garments, miscellaneous.............
Tailored............................pieces.
Farm, garden, dairy, and livestock..
Linens, etc..........................................
653
194
8
$13,940
$10,804
28,208
31,011
8,532
43,995
12,439
0)
$2,367
525
1,019
4,358
2,182
0)
504
9,964
7,021
0)
0)
0)
0)
653
194
8
$13,940
10,804
28,208
33,378
8,532
43,995
12,439
525
1,019
4,862
2,182
STATE PRISON
Clothing:
, Garments, miscellaneous.............
*' Tailored............................pieces .
Farm, garden, dairy, and livestock..
Farm implements..............................
Ljnens, etc.........................................
Printing, miscellaneous.......... ..........
Twine, binder....................... pounds.
4
2
31
92
2
11
487
4,096
1,203
0)
0)
(3)
3,643
3,021
40,659
4,304
6,530
14,713
8,418
0)
14,972
32,248
76,028
TOTAL
B uilding..:............................. wall.
Clothing:
Garmshjts, miscellaneous.............
Tailored—.........................pieces.
Farm, garden, dairy, and livestock..
Farm implements..............................
0)
4,630
1,013
204,854
23,667,885 2,240.345
1
,
4,096
1,203
4,630
3,643
3,021
41,672
204,854
4,304
6,530
8
23,667,885 2,240,345
0)
13,946
...
4,630
3,884
204,854
14,713
8,418
0)
4,630
13,940
14,972
32,248
79,912
204,854
CONVICT LABOR IN 1923
STATE REFORMATORY FOR MEN
Building.....................................wall.
Clothing:
Garments, miscellaneous.............
Tailored........................... pieces.
Farm, garden, dairy, and livestock..
Linens, etc..........................................
Quarried and crushed stone...............
Repair and shop work.......................
■iQZ— o U l
i
Linens, etc.................................
Printing, miscellaneous......... ........
uarried and crushed stone.............
epair and shop work...................
Twine, binder.................. pounds..
17
11
91
8
487
g
15,018
6,530
43,995
12,439
.0
0
0)
0
0
8
23,667,885 2,240,345
0)
1,667,885
15,018
6,530
43,995
12,439
2,240,345
MISSISSIPPI
STATE PENITENTIARY
Brick.................... ........... ...................
Clothing: Garments, miscellaneous...
-Farm, garden, dairy, and livestock...
Linens, etc_____________________
Quarried and crushed stone________
5
1
1,219
24
3
633
8
109,000
$949
132,496
32,779
(*)
0
0
$1,090
®610,911
1,346
109,000
633
00
8
$1,090
949
» 743,407
32,779
1,346
MISSOURI
50
10
84
5
16
103
24
10
1
290,000
4,621
0
158,060
8 ’
1,277
0
531,000
$4,567
4,621
92,689
1,928
25,496
296,389
14,000
4,469
963
$8,363
0
14,062
0
15,185
821,000
4,621
8
158,060
(0
0)
1,277
0
$12,930
4,621
106,751
1,928
25,496
311,574
14,000
4,469
963
STATE PENITENTIARY
Brooms___ ____ ______ . ____ ___
Building____ ____ _____________
Clothing:
Auto suits_________________._
Garments, miscellaneous___ ___
Jumpers__________ __________
Overalls____________________
Shirts, chambray____ ________
Shirts, flannel-_______________
Tailored _ ___ _ _' .pieces _
Farm, garden, dairy, and livestock...
Leather findings______ __________
Linens, etc
_ _
Repair and shop work____________
Shoes. _. _ ____ _______ pairs
Shoes repairer! ...... __
do
Twine and rope. - ................ pounds..
1Enumeration impracticable.
*Not renorted.
89
4
14
7
83
390
259
57
149
234
10
13
18
149
25
9
1
25,018
10,526
0)
214,955
0
14,850
20,870
1,991
24,780
0
724
$2,184
1,083,248
441,678
1,083,248
441,678
2,184
43,758
51,051
43,758
25,018
264,294
1,245*223
864,537
191,176
475,952
51,051
.10,526
258,787
1,245,223
450.279
172,447
436.280
216, 05a
264,294 258,787
1,245,223 1,245,223
864,537 450,279
191,176 172,447
475,952 436,289
1,101
0
17,000
237,597
1
(0
237,597
(0
(0
203,519
559,677
204,243
170,356
i9,677
170,356
(0
28Including $77,829, value of cottonseed.
* Impracticable to enumerate all articles produced; among them, however, were 1,903,858 pounds of cotton.
G E N ER AL TABLES
STATE REFORMATORY
Brick..................................................
Clothing- Overalls and jumpers
Farm, garden, dairy, and livestock—
Linens, et«.
. _ ...... ..
Printing: Forms, pamphlets, etc____
Quarried and crushed stone________
Repair and shop work____________
Shoes__
. . T____ pairs
Shoes repaired_____________do___
17,000
14,85o
20,87n
561,66g
24,78o
19,67y
Oi
T able
B .—KIND, QUANTITY, AND VALUE OF ARTICLES PRODUCED, BY SYSTEM AND BY INSTITUTION—Contd.
STATE PRISONS—Continued
Institution, article produced, and
unit
Aver
age
num
ber of
State use
con
victs
em
Value
ployed Number
St
Number and value of articles produced under each system
Public works
Num
ber
Value
Public account
Number
Value
Piece price
Number
Value
Contract
Number
Value
Total
Number
Value
MISSOURI—Concluded
50
89
4
Auto suits............................
Garments, miscellaneous--------Overalls and jumpers..............
Shirts, ohambray...................
Shirts, flannel........................
pieces.
Tailored................
farm, garden, dairy, ana livestock..
Leather findings..... ....................
Linens, etc-_____________________
Printing: Forms, pamphlets, etc___
Quarried and crushed stone_______
Repair and shop work____________
Shoes................................pairs.
Shoes repaired..........- ..........do...
TWtoe and rope................ pounds.
14
7
488
259
57
149
318
10
18
16
103
42
159
26
9
290,000
$4,567
1
25,018
4,621
0)
0)
158,060
0)
0)
2,001
<8)
$2,184
16,526
4,621
531,000
1,083,248
$8,363
441,678
43,758-
51,051
1,509,517 1,504,010
864,537 450,279
191,176 172,447
475,952 436,289
15,163
0)
237,597
17,000
307,644
16,778
25,496
296,389
34,870
6,460
25,743
15,185
0)
203,519
559,677
170,356
19,677
821,000
1,083,248
1
$12^930
441,678
2,184
43,758
51,051
10,526
25,018
1,514,138 1,508,631
864,537
450,279
172,447
191,176
475,952
822,807
237,597
17,000
16,778
0)
158,060
25,496
311,574
34,870
8 ,
566,137
205,520
25,743
<3)
170,356
19,677
MONTANA
state
Pr i s o n
Brick........................................
Brooms....................................
Clothing, tailored................pieces.
Farm, garden, dairy, and livestock—
Lumber............................... feet.
Roads.... ...........-............. miles.
Rugs and art work....... ..............
2,678,573
1,140
1,900
0)
99,404
$18,750
570
5,500
17,892
2,969
2,678,573
1,140
1,900
(*)
$25,975
^.404
200
$218
$18,750
570
' 5,500
17,892
2,969
2$; 976
,218
CONVICT LABOR IN 1923
TOTAL
Stick........................................
Broom s..--.__ ____________ ____
Building.......... .............building.
NEBRASKA
STATE PENITENTIARY
Clothing: Shirts, work........................
Farm, garden, dairy, and livestock...
Furniture, wood: Chairs--.................
Linens, etc...........................................
Shoes repaired..........................pairs..
300
59
SO
11
3
0
$21,353
0
0
6,441
3,500
0
29,121
$2,473
121,667
617,070
$482,439
617,070
0
29,121
0
0
$482,439
23,826
121,667
6,441
3,500
996
0
0
0
4,422
1,106
25,720
3,311
2,500
1,249
STATE REFORMATORY FOR MEN
Clothing: Garments, miscellaneous...
Farm, garden, dairy, and livestock....
Linens, etc...........................................
Repair and shop work.........................
Shoes repaired........................... pairs..
15
80
45
5
10
996
0
0
0
4,422
13
6
0
0
1,106
19,859
3,311
2,500
1,249
0
5,861
0
1,136
STATE REFORMATORY FOR WOMEN
4,498
554
0
0
5,634
554
TOTAL
Clothing:
Garments, miscellaneous..............
Shirts, work....... ..........................
Farm, garden, dairy, and livestock....
Furniture, wood: Chairs....................
Linens, etc...........................................
Repair and shop work.........................
Shoes repaired...........................pairs. _
15
300
152
80
62
5
13
996
1,106
45,710
0
0
0
**4,422
10,306
2,500
4,749
0
29,121
9,470
121,667
617,070
996
617,070
0
29,121
0
0
**4,422
482,439
1,106
482,439
55,180
121,667
10,306
2,500
4,749
GENERAL TABLES
Farm, garden, dairy, and livestock....
Linens, etc...........................................
NEVADA.
STATE PRISON
Farm, garden, dairy, and livestock,...
Linens, etc..........................................
Repair and shop work.........................
Shoes repaired...........................pairs..
16
1
12
1
0
0
*360
$10,655
72
*9,500
*275
0
$2,267
8
$12,022
72
*9,600
*275
NEW HAMPSHIRE
STATE PRISON
Farm, garden, dairy, and livestock...
Furniture, wood: Chairs................. .
2
98
0
1Enumeration impracticable.
0
0
213,600 $218,000
* Estimated.
*Not reported.
213,600
0
$218,000
M
T able
B .—KIND, QUANTITY, AND VALUE OF ARTICLES PRODUCED, BY SYSTEM AND BY INSTITUTION—Contd.
g
STATE PRISONS— Continued
Institution, article produced, and
unit
Aver
age
num
ber of
State use
con
victs
em
Value
ployed Number
I
Number and value of articles produced under each system
Public works
Num
ber
Value
Public account
Number
Value
Number
Value
Total
Contract
Piece price
Number
Value
Number
Value
NEW JERSEY
Farm, garden, dairy, and livestock...
Linens, etc....... ......................
$19,075
3,051
24
0
$166
$19,241
3,051
§
STATE REFORMATORY
9,462
39,438
< r
0
0
0
0
761
. 9
13
1
1
1
3
211
0
73
224
$908
2,900
0
2,904
354
530
761
9
13
211
1,221
1,201
73
224
712
1,642
11 1,223,183
265,292
1
8
0
3
22,104
7
3,809
17} 178
1,828
1,523
14
1,519
5,379
256,355
14,554
1
0)
0
1
22,104
, 223,183
~ 1,292
0
38
1,519
533
9,462
40,346
2,904
354
530
1,221
1,201
712
1,642
7
3,809
17,178
1,828
1,523
38
5,379
STATE PRISON
Bakery,products.............. pounds..
Clothing:
Garments, miscellaneous
" ' Tailored:...:..___
2,703
3,841
'S R
256,355
14,554
2,703
3,841
*2,131
*11,190
1923
Clothing:
Garments, miscellaneous..........
Tailored...................... pieces..
Farm, garden, dairy, and livestock...
Furniture, wood:
C hairs.......:..........
Chiffoniers,, cabinets, cases, etc...
Desks..................................
Rockers, settees, and benches___
Tables.................................
O ther..:.............................
Linens,*tc................................
Printing: *
Blank books..........................
Books, bulletins, etc.......... .
Forms, circulars, pamphlets, etc.
Other..... ............................
Repair and shop work...................
Roads repaired...... ............ miles—
Shoes.............. ................. pairs.
CO NVICT LABOR. IN
. REFORMATORY FOR WOMEN
Farm, garden, dairy, and livestock...
Linens, etc...........................................
Printing:
Blank books..................................
Books, bulletins, etc......................
Forms, circulars, pamphlets, etc..
Other.............................................
Repair and shop work.........................
Shoes....................................... pairs..
Shoes repaired........................... do—
Tags, auto............................... .do___
146
«
©
©
26,929
*1,123
4,972
49,438
7,3
13,132
57,211
12,904
97,369
21
9
29,722
6,703,137
1,159,479
©
16,528
13,813
404,171
21
4,972
49,438
7,390
1?, 132
57,211
12,904
97,369
14,554
256,355
14,554
V7
*1,123
1
9
29,722
5
50 6,703,137
7 1,159,479
25
©
16,528
33
18
13,813
404,171.
40
ow
TOTAL
Bakery products.................. pounds..
Clothing:
Garments, miscellaneous..............
Tailored..........................pieces..
Farm, garden, dairy, and livestock...
Furniture, wood:.
Chairs............................................
Chiffoniers, cabinets, cases, e tc ...
'• Desks.............................................
Rockers, settees, and benches.......
Tables............................................
Other..........................................
Linens, etc...................................-__
Printing:
Blank books.................................
Books, bulletins, etc.................... .
Forms, circulars, pamphlets, re
ports, etc....................................
Other...........................................
Repair and shop work....................... .
Roads repaired.........................miles..
Shoes........................................ pairs..
Shoes repaired.......................... do___
Tags, auto.................t .............. do.
4
3
29
218
3
(8)
(8)
1
1
1
(8)
256,355
3,196 is 2,704
6,741 «20,652
85,052
0)
2,904
761
354
9
13
530
211
1,221
73
1,201
712
224
1*5,816
©
28
10
8,781
51,826
61 7,926,320
8 1,424,771
©
(8)
47
18,047
18
13,813
40
404,171
©
556
. 0)
66,616
9,218
14,655
©
62,590
12,904
97,369
908
3,196
M2,704
6,741 1*20,652
. 86,516
©
2,904
76l
354
13
530
211
1,221
73
1,201
224
712
**5,816
©
10
51,826
28
8,781
7,926,320
1,424,771
©
38
©
18,047
13,813
404,171
66,616
9,218
14,655
38
62,590
12,904
97,369
*• 1,645,930
182,950
*6
$30,340
. 1,835
>5,000
O
W
3
t*
1
NEW MEXICO
STATE PENITENTIARY
Brick and tile
_ _ ____
Lime______ ___________ pounds_
Roads___________________ miles. _
173
7
13
*6
*$5,000
*o1,645,930
182,950
$30,340
1,835
1Enumeration impracticable.
*Estimated.
* Not reported.
5Less than 1.
?01.314,808 building brick, 198,801 paving brick, 131,329 hollow tile, and 992 pieces of drain tile.
15 Partly estimated,
CD
T able
B . — KIND, QUANTITY, AND VALUE OF ARTICLES PRODUCED, BY SYSTEM AND BY INSTITUTION—Contd.
Ol
o
STATE PRISONS—Continued
Institution, article produced, and
unit
Aver
age
num
ber of
State use
convicts
em
Value
ployed Number
Number and value of articles produced under each system
Public works
Num
ber
Value
Public account
Number
Value
Piece price
Number
Value
Contract
Number
Value
Total
Number
Value
NEW YORK
St a t e
8
$9,146
3,440
320
2500
24,362
2,758
8.
*500
*4,362
2,758
12,443
44,491
6,517
18,423
916
12,732
20,927
p r is o n p o r w o m e n
Farm, garden, dairy, and livestock...
Linens, etc..............................
Mattresses and upholstering........
8
AUBURN STATE PRISON
Baskets, willow........................
Brooms and brushes..................
Building.................................
Clothing, tailored....... ....... pieces..
Farm, garden, dairy, and livestock..
Furniture, wood:
Chairs.................................
Chiffoniers, cabinets, and cases...
21
60
7
38
16
k
10,485
54
14
515
101
7,476
19
2,044
Rockers, settees, and benches---13
760
Tables..................................
45 ” 63.378
Other....... .......................... .
1
Linens, etc............ .....................
59
Repairs and shop work................. .
Roads........ ...................... miles..
31
Shoes.........................
pairs. 7
1,256
83 1,298,890
Tags, auto...........................do...
172 ” 50,418
Textiles............................ yards..
ss
47,119
12,614
88,850
16,968
10,994
33,837
363
13,769
2,373
198,740
163,745
(81)
12,443
44,491
(81)
$20,000
( V 16
.
12.4
44,842
10,485
515
7,476
2,044
760
22 63,378
6,517
18,423
20,000
12,732
20,927
” 50,418
47,119
12,614
88,850
16,968
10,994
33; 887
363
13,769
44,842
2,373
193,740
163,745
8
9,595
” 7,871
8
12.4
1,256
REFORMATORY FOR WOMEN
Farm, garden, dairy, and livestock...
Linens, etc*.................. .............
8
” 7,871
1923
$8,146
3,440
8
C O NV ICT LABOR I N
STATE TRAINING SCHOOL
Farm, garden, dairy, and livestock...
Linens, etc.................................
GREAT MEADOW PRISON
Building...................... buildings..
Clothing, tailored............... pieces..
Farm, garden, dairy, and livestock...
Knit goods, hosiery............. dozen..
Mats, coir and chain........... ......
Quarried and crushed stone.........
Roads...............................miles..
Shoes............................... pairs—
Shoes repaired.................... do.
2,229
0
282
ft "
651
2,000
*19,048 .
22,351
*423
6,662
6,074
*1,676
1,000
3
*17,000
f t28"2
*8.6
>34,852
1
242,000
2,949
ri
28.6
651
2,000
217,000
219,048
22,351
2423
6,662
5,074
234, $52
21,676
1,000
CLINTON PRISON
8
10,027
37
13,471
11
7
27
0
4
350 88761,569
11,280
52,174
16,150
10,614
14,977
157,232
*42,000
10,027
1,002,184
2
8 ’
2
82761,569
*2,411
11,280
52,174
16,150
10,614
14,977
*2,411
157,232
STATS REFORMATORY
Brooms and brushes.....................
Clothing:
Garments, miscellaneous..........
Tailored...................... pieces.
Goffee, roasted................. pounds.
Farm, garden, dairy, and livestock..
Linens, etc_________________ ____
Printing:
Books, blank.________________
Books, bulletins, etc...............
Forms, circulars, pamphlets, etc.
Other..................................
Repair and shop work..................
Shoes................................ pairs.
Soap........................................
7,178
1,033
7,178
3,982
2,441
140,241
2,886
6,964
29,040
19,594
4,377
3,982
2,441
140,241
0
0
2,886
6,964
29,040
19,772
4,377
104
850
713,019
88199,305
511
525
4,676
1,771
3,233
5,204
612
?!
104
850
713,019
88199,305
ri
r
2:
511
525
4,676
1,771
3,233
5,204
' 612
0
$178
ft"
1,03
GENERAIi TABLES
Building....... ............. buildings..
Clothing:
Garments, miscellaneous....... .
Tailored...................... pieces.
Farm, garden, dairy, and livestock...
Linens, etc.............................
Repair and shop work................
Roads............................... miles..
Textiles............................ yards..
INSTITUTE FOR DEFECTIVE DELIN
QUENTS
6,768
Farm, garden, dairy, and livestock...
*15,649
Linens, etc....... ...... ....................
8
*2,829
Shoes.............. ...... ........... pairs..
1,093
1Enumeration impracticable.
2Estimated.
810.93 mile cinder race track. 1 subway, 300 feet retaining wall 5 feet high.
12Including 48,584 pieces of iron furniture.
8
1,0
82Including 1,618 pairs of blankets.
84Including clothing not reported.
88Not including 2,217 mops, stock.
88Not including miscellaneous items, not reported, to the value of $1,186.
6,768
215,649
22; 829
Cm
T able
B.—KIND, QUANTITY, AND VALUE OF ARTICLES PRODUCED, BY SYSTEM AND BY INSTITUTION—Contd.
g
STATE PRISONS—Continued
Institution, article produced, and
Unit
Aver
age
num
ber of
State use
con
victs
em
ployed Number Value
Number and value of articles produced under each system
Public works
Num
ber
Value
Public account
Number
Value
Piece price
Number
Value
Contract
Number
Value
Total
Number
Value
SING SING PRISON
26
22
171
4
20
35,769 1$21,523
10,472 840,029
8733,605 87 263,444
6,844
16,784
2,665
35,769
$21,523
10,472
840,029
873^605 87 263,444
6,844
2,665
16,784
2,707
8,089
2,876
47,958
108,884
2,707
12,752
1,557,572
8,089
769,775
2,876
14,553
47,958
62,614 ; 108,884
12,752
4
13 1,557,572
769,775
5
14,553
74
62,614
94
TOTAL
Baskets, willow__ _
, , ____
Brooms and brushes______
Building_______ i
buildings
Clothing:
Garments, miscellaneous_______
Tailored
_ pieces
Coffee, roasted__________ pounds..
Farm, garden, dairy, and livestock...
Furniture, wood:
Chairs................................... ........
Chiffoniers, cabinets, and cases. . .
Desks______________________
Rockers', settees, and benches__ _
Tables...........................................
Other__ L____1................... .
Knit goods:
Hosiery............................. dozen..
Underwear......................—.do___
21
91
75
12,443
87,438
6,517
40,979
14,009
14,166
15
138 1,022,242 w 130,947
29,040
140,241
2
»104,031
207
0)
47 , 119
54 . 10,485
515
12,614
14
101
88,8507,476
2,044
* 19
16,968
10,994
760
13
45 » 63,378
33,837
1
171
989
*423
8733,605 87263,444
384
12,443
87,438
384
15$79,000
6)
$178
6,517
40,979
« 79,000
14,009 ; 14,166
1,022,242 14130,947
140,241
29,040
88 104,209
10,485
515
7,476
2,044
760
8863,378
47,119
12,614
88,850
16,968
10,994
33,837
989'
2423
8733,605 87263,444
1923
Brooms and brushes...........................
Clothing, tailored. __
_ pieces
Knit goods: Underwear __ _ dozen
__
Linens, etc_____ _ __ _
Mattresses and upholstering
Printing:
Books, bulletins, etc_____ _ __
Forms, circulars, pamphlets, etc..
Other________________ _____
Sheet-metal work_____ ___ ______
Shoes _ _
, , ,, __ pair**
CO NVICT LABOR I N
NEW YORK—Concluded
173
Linens, etc....... •_.................. *__
60
Mats, coir and chain....................
24
Mattresses and upholstering..........
Printing:
Books, blank........................
2
Books, bulletins, etc...............
6
Forms, circulars, pamphlets, etc.
34
Other..................................
13
Quarried and crushed stone...........
25
159
Repair and shop work...................
Roads................................ miles._
77
Sheet-metal work (ash cans, etc.)__
74
148
Shoes....... ; ...................... pairs.
Shoes repaired..................... do...
5
Soap.....................................
23
Tags, auto........................ pairs...
83
Textiles....................
.yards.. 522
0
2,949
2,985
104
13,602
2,270,591
88969,080
0
0
8853,520
6,662
19,542
511
3,232
12,765
4,647
5,074
31,979
47,958
14,553
68,896
m 120,966
1,298,890
*o811,987
612
198,740
320,977
2,000
0)
0
2,949
2,985
8853,520
6,662
19,542
104
13,602
2,270,591
36969,080
1523
511
3,232
12,765
4,647
5,074
31,979
?!
1*23 1*82,105
14,553
47,958
i* 120,966
» 82,105
V
1,000
2,000
0
1,298,890
<0811,987
1,000
612
198,740
320,977
STATE PRISON
Clothing:
Garments, miscellaneous______ _
Overalls and jumpers__________
Shirts, work_________________
Farm, garden, dairy, and livestock...
Repair and shop work_________ ___
Roads___________________ miles. _
Tags, ante, and rnad signs
pairs
17
18
12
320
6
559
3
0
3,840
2,951
0
0
0
8$4,500
4,800
2,214
100,864
33,000
5,280
0
$62,399
182.4 $1,455,176
8$4,500
0
3,840
4,800
2,951
2,214
163,263
0
23,000
0
182.4 1,455,176
5,280
0
G E N ER AL TABLES
NORTH CAROLINA
NORTH DAKOTA
STATE PENITENTIARY
Brick.................. .................................
Farm, garden, dairy, and livestock...
__
pounds, Twine and rnpe,
3
36
83
0)
i Enumeration impracticable.
*Estimated.
8Not reported.
i* Partly estimated.
83Including 48,584 pieces of iron furniture.
$23,749
527,420
0)
3,707,350
$7,383
1,343
341,973
527,420
0
3,707,350
$7,383
25,092
341,973
36Not including miscellaneous items, not reported, to the value of $1,186.
87 Including some undershirts, mittens, and hosiery.
88Not including 0.93 mile cinder race track, 1 subway, 300 feet retaining wall 5 feet high,
36 Partly estimated; and including clothing not reported.
40Not including 2,217 mops, stock; and including 1,618 pairs of blankets.
Of
CO
T able
B .—KIND, QUANTITY, AND VALUE OF ARTICLES PRODUCED, BY SYSTEM AND BY INSTITUTION—Contd.
|g«
STATE PRISONS—Continued
Institution, article produced, end
unit
Aver
age
num
ber of
State use
con
victs
em
Value
ployed Number
Number and value of articles produced under each system
Public works
Num
ber
Value
Public account
Number
Value
Piece price
Number
Value
Contract
Number
Value
Total
Number
Value
STATE PENITENTIARY
Brick....................................................
Clothing: Garments, miscellaneous...
Farm, garden, dairy, and livestock...
Knit goods:
Hosiery............. .....
dozen..
Underwear...........................do—
Linens, etc...........................................
Mattresses and upholstering...............
Printing: Form circulars, pamphlets,
etc.....................................................
Quarried and crushed stone............... .
Repair and shop work...................... ..
Shoes...................................
pairs..
Shoes repaired........................... do__
Soap.....................................................
Tags, auto................................. pairs..
Textiles.................................... yards..
169 10,058,720 $171,467
39
54, °37
49,816
291
114,872
10,058,720
M,037
12,199
23,280
37,631
10,017
12,467
12,199
5,““
13
18
81
. 11
2
24
80
280
246
(r
3,252
3.209
05
546,627
198,496
3,848
13,444
52,230
6,261
1,126
80,870
109,926
112,084
1,402,246
6
103
100
4,608
40,973
10,489
221,385
74,597
77
19
34
19
14
64
10,764
680
425
936
722
5,822
36,434
9,200
15,981
8,990
6,696
30,554
4,608
40.973
C5
10,764
680
425
936
722
5,822
60
8
24
8
3,252
3,209
0)
546,627
198,496
$171,467
49,816
114,872
37,631
10,017
12,467
3,848
13,444
52,230
6,261
1,126
80,870
109,926
112,084
STATE REFORMATORY
Clothing:
Garments, miscellaneous..............
Tailored-....... .................. pieces..
Farm, garden, dairy, and livestock...
Furniture, wood:
Chairs............................................
Chiffoniers, cabinets, and cases...
Desks............................................
Rockers, settees, and benches......
Tables............................................
Other........i.......... ................
10,4$9
221,385
74,507
36,434
9,200
15,981
8,900
6,696
30,554
CONVICT LABOR IN 1923
OlBIO
Linens, etc...........................................
Printing: Forms, circulars, pamphlets,
etc....................................................
Repair and shop work....................... .
Shoes........................................ pairs..
6
0
14,110
0
14,110
65
38
68
3,242,841
0
29,517
28,593
5,168
61,755
3,242,841
0
29,517
28,593
5,168
61,755
169
Brick...................................................
Clothing:
44
Garments, miscellaneous. . . . ___
103
Tailored........................... pieces..
391
Farm, garden, dairy, and livestock...
Furniture, wood:
Chairs...........................................
77
19
Chiffoniers, cabinets, and cases..
Desks....... ...................................
34
19
Rockers, settees, and benches___
14
Tables____________ ________
64
Other............................................
Knit goods:
39
Hosiery..............................dozen.
Underwear.......................... do
60
Linens, etc..........................................
14
Mattresses and upholstering..............
24
Printing: Forms, circulars, pamphlets,
etc....................................................
78
Quarried and crushed stone.............
18
119
Repair and shop work.........................
Shoes...............................
pairs. 79
2
Shoes repaired.......................... do__
Soap.....................................................
24
80
Tags, auto................................. pairs..
Textilesi...................................yards..
280
10,058,720
171,467
10,058,720
171,467
58,645
40,973
0
60,305
221,385
189,469
58,645
40,973
0
60,305
221,385
189,469
10,764
680
425
936
722
5,822
36,434
9,200
15,981
8,990
6,696
30,554
10,764
680
425
936
722
5,822
36,434
9,200
15,981
8,990
6,696
30,554
12,199
5,823
0
0
23,280
37,631
24,127
12,467
12,199
5,823
0
0
23,280
37,631
24,127
12,467
4,645,087
0
0
32,769
3,209
0
546,627
198,496
32,441
13,444
57,398
68,016
1,126
80,870
109,926
112,084
4,645,087
0
0
32,769
3,209
0)
546,627
198,496
32,441
13,444
57,398
68,016
1,126
80,870
109,926
112,084
TOTAL
T
GENERAL TABLES
Y
Ox
Ol
T able
B .—KIND, QUANTITY, AND VALUE OF ARTICLES PRODUCED, BY SYSTEM AND BY INSTITUTION—Contd.
C*
os
STATE PRISONS—Continued
Institution, article produced, and
unit
Aver
age
num
State use
ber of
con
victs
em
ployed Number Value
Number and value of articles produced under each system
Public works
Num
ber
Value
Public account
Number
Value
Piece price
Number
Value
Contract
Number
Value
Total
Number
Value
8TATE PENITENTIARY
Brick....................................................
Brooms.................................................
Building.................................... dam..
Clothing:
Garments, miscellaneous..............
Overalls and jumpers..... ..............
Pants, work..................................
Shirts, work.................... .............
Tailored............................ pieces..
Farm, garden, dairy,and livestock...
Farm implements................................
Knit goods, underwear........... dozen..
Linens, etc...........................................
Mattresses and upholstering...............
Repair and shop work.;......................
Shoes.....................
pairs.-.
Tags, auto................................. do___
Twine and rope................... pounds..
80
5
82
737,971
3,785
$3,163
1,857
3
10
9
430
15
196
12
10
20
7
7
16
20
90
349
4,306
3,016
366
6,751
5,597
1,941
0)
8
181
0)
3,195
0)
5,174
296,853
24,050
9,605
56,956
861
1,261
5,433
3,715
5,768
13,197
41,671
2,164
5,197,511
1
$36,382
5,935,482
3,785
1
$54,360
1,924,256 >$1,363,014
0)
61,548
2,126,525
190,709
8
17,508
28,187
5,197,511
36,382
$39,545
1,857
54,360
349
4,306
6,751
5,597
3,016
1,924,256 1,363,014
1,941
9,605
118,504
0)
8
861
181
1,261
5,433
0)
3,195
3,715
5,768
0)
5,174
13,197
296,853
41,671
2,150,575
192,873
STATS REFORMATORY
Clothing: Garments, miscellaneous...
Farm, garden, dairy, and livestock-._
Quarried and crushed stone................
Shoes.........................................pairs..
21
50
180
8"
10,440
18,021
8
762
2,217
737:971
3,785
3,163
1,857
10,440
35,529
28,187
2,217
TOTAL
Brick . . . . . . ...................................
Brooms...... ........................................
Building.____ ______ ______ dam..
80
5
82
i
54,360
5,935,482
3,785
1
39,545
1,857
54,360
CONVICT LABOR IN 1923
OKLAHOMA
Clothing:
Garments, miscellaneous.........
Overalls and jumpers...............
Pants, work..............................
Shirts, work..............................
Tailored....... .....................pieces..
Farm, garden, dairy, and livestock...
Farm implements................................
Knit goods: Underwear......... dozen..
Linens, etc...................... .'.................
Mattresses and upholstering.............
Quarried and crushed stdne...............
Repair and shop work.....................
Shoes__ <-................................. pairs.
Tags, auto..................................do—
Twine and rope.......... .........pounds.
24
10
9
430
15
246
12
10
20
7
180
7
24
20
90
« 349
4,306
3,016
10,806
6,781
5,597
I,"941
9,605
74,977
861
1,261
5,433
3,715
(9
8
181
(9
3,195
(9
5,936
296,853
24,050
5,768
15,414
41,671
2,164
1,924,256 *1,363,014
<9
79,056
0
28,187
2,"126,"525 ’155,'769
« 349
10,806
4,306
6,751
3,016
5,597
1,924,256 21,363,014
1,941
9,605
154,033
<9
8
861
181
1,261
5,433
(9
3,195
3,715
28,187
. 5„768
(9 .
8
5,936
15,414
296,853
41,671
2,150,575
192,873
OREGON
15
260,525
$3,256
3
6
35
35
3,109
1,200
2,836
7,000
49,986
6,450
8
5
40
2
4
5
1 Enumeration impracticable.
*Estimated.
(9
(«)
<9
(9
2,025
2 Not
3,310
2,800
5,000
6,150
reported.
* Less than 1.
739,875
$9,245
. 1,000,400
$12,501
3,109
1,200
2,836
7,000
49,986
34,501
(9
232,741
34,179
239,191
753
100
12
231
(42)
1,170
662
18
555
2,913
753
100
12
231
(«)
0
0
2,025
1,170
662
18
555
6,223
2,800
5,000
6,150
GENERAL TABLES
STATE PENITENTIARY
Brick...............................................
Clothing:
Garments, miscellaneous.........
Tailored.......... — ............ pieces..
Farm, garden, dairy, and livestock...
Flax—............. ............... —. .pounds .
Furniture, wood:
* Chairs..........................................
Chiffoniers, cabinets, and cases...
Rockers, settees, and benches..
Tables.......................................
Other........................................
Linens, etc......................................
Repair and shop work....................
Shoes....................................... pairs...
« Not including State reformatory, not reported.
« Not all reported; among the articles, however, were some wood and lumber.
Ox
T able
B .—KIND, QUANTITY, AND VALUE OF ARTICLES PRODUCED, BY SYSTEM AND BY INSTITUTION- -Contd.
STATE PRISONS—Continued
Institution, article produced, and
unit
Aver
age
num
ber of
State use
con
victs
em
Value
ployed Number
Ctt
oo
Number and value of articles produced under eaeh system
Public works
Num
ber
Value
Public account
Number
Value
Piece price
Number
Value
Contract
Number
Total
Value
Number
Value
PENNS1HLVANIA
Farm, garden, dairy, and livestock...
Linens, etc.........................................
Printing: Forms, circulars, pamphlets,
etc.....................................................
Repair and shop work....................... .
Shoes........................................pairs..
Tags, auto................................do....
54
5
8
>$18,000
2,500
0
0
8
0
10
0
2
>500
90 1,827,735
>6,000
5,371
>1,000
306,396
.
500
1,827,735
>$18,000
2,600
>6,000
5,371
*1,000
306,396
MUNCY FARM
Clothing:
Garments, miscellaneous.............
Tailored............................pieces..
Farm, garden, dairy, and livestock...
Linens, etc......................................
11
1
36
18
0
0
218
12
542
36
9,263
888
0
$524
218
12
542
36
9,787
9,910
4,295
0)
2,278,227
0
39,329
106,632
12,094
23,817
15,000
$
EASTERN PENITENTIARY
Knit goods:
H o sie r y ............____ dozen..
Underwear.......................... do—
Linens, etc................. ....................... .
Printing: Forms, circulars, pam
phlets, etc.........................................
Repair and shop work.........................
Shoes......................................... pairs..
Textiles.................................... yards..
Tobacco, chewing and smoking
.................
pounds..
32
53
21
24
6
66
40
9,910
4,295
0
2,278,227
0
39,229
106,632
6
(>)
12,094
23,817
15,000
12,172
3,611
102,107
40,365
2,500
0
12,172
3,611
102,107
40,365
2,500
W ESTERN PENITENTIARY
Brooms and brushes...........................
Building............................ buildings..
Farm, garden, dairy, and livestock. ..
Linens, etc...................................... .
10
191
151
32
42,432
0
0
15,060
77,144
8458,397
1
$365,318
0)
11,507
42,432
1
0
0
15,060
365,318
88,651
8458,397
CONVICT LABOR IN 1923
INDUSTRIAL REFORMATORY
Printing: Forms, circulars, pam
phlets, etc. _ ..._
__ _ _
Repair and shop worlr_
Textiles
„ - yards. .
3
2
115
178,779
8
2,000
1,000
55,551
10
191
42,432
15,060
11
1
241
218
12
542
36
104,407
178,779
2,000
1,000
55,551
42,432
1
15,060
365,318
218
12
0
9,910
4,295
0
482,278,227
0
39,729
1,827,735
285,411
542
36
116,438
8
TOTAL
32
53
76
0
9,910
4,295
0)
35 «2,278,227
18
0
68
39,729
90 1,827,735
285,411
155
6
0
1
365,318
0
12,031
12,094
23,817
84 76,785
20,172
9,982
103,107
306,396
95,916
2,500
0
12,094
23,817
8476,785
20,172
9,982
103,107
306,396
95,916
2,500
RHODEi ISLAND
STATE PRISON AND PROVIDENCE
COUNTY I AIL
Clothing: Shirts, work____________
Farm, garden, dairy, and livestock__
Printing: Forms, circulars, pam
phlets, ete
241
40
4
0
405,000
1,163,544 8$1,396,264
$25,706
2,700
1,163,544 $1,396,264
25,706
(0
405,000
GENERAL TABLES
Brooms and brushes______________
Buildings.......................... buildings __
Clothing:
Carments, rmelassifled
Tailored.......................................
Farm, garden, dairy, and livestock...
Knit goods:
Hosiery.
_ _ _ __ dozen
Underwear_____________ do___
Linens, etc...........................................
Printing: Forms, circulars, pam
phlets, etc______________pieces-.
Repair and shop worlr
Shoes .
.......
pairs
Tags, auto________________ do___
Textiles____
_
_ __ yards
Tobacco, chewing and smoking
2,700
WORKHOUSE AND HOUSE OF COR
RECTION
Farm, garden, dairy, and livestock__
44
0)
29,149
0
$4,652
54,855
0)
4,652
0
33,801
TOTAL
Clothing: Shirts, Work . . ________
Farm, garden, dairy, and livestock__
Printing: Forms, circulars, pam
phlets, ate
241
84
4
0
405,000
*Enumeration impracticable.
2Estimated.
8Not reported.
1,163,544 21,396,264
2,700
1,163,544 81, 396,264
0
59,507
405,000
2,700
84 Including clothing not reported.
48 Not including industrial reformatory and western penitentiary.
Crt
CD
✓
T a b l e B .— K IN D , QUANTITY, A ND VALUE OF ARTICLES PRODUCED, BY SYSTEM A N D BY IN STITU TIO N — Contd.
g
STATE PRISONS— Continued
Institution, article produced, and
unit
Aver
age
num
ber of
State use
con
victs
em
ployed Number Value
Number and value of articles produced under each system
Public works
Num
ber
Value
Nuniber
Number
Value
Total
Contract
Piece price
Public account
Number
Value
Value
Number
Value
STATE PENITENTIARY
Clothing:
Garments, miscellaneous.........
Overalls and jumpers...............
Farm, garden, dairy, and livestock...
Furniture, fiber:
Chairs..........................................
Rockers, settees, and benches__
Other............................................
Shoes repaired...........................pairs.
20
40
134
160
9
80
9
1,418
3,176
(9
<9
$5,218
7,940
47,814
33,600
0)
39,610
2,147
19,807
1,418
3,176
$35,783
(9
$5,218
7,940
83,597
180,528
10,155
90,264
39,610
2,147
19,807
(9
180,528
10,155
90,264
33,600
2 , o i l 07 7
$ 4 9 ,0 0 9
6 ,0 9 9
3 ,5 0 0
2 0 9 ,1 2 3
SOUTH DAKOTA
STATE PENITENTIARY
Farm, garden, dairy, and livestock...
Linens, etc...........................................
Shoes repaired........................... pairs..
Twine and rope.................... pounds..
115
18
4
95
8
<9
$ 3 9 ,6 4 3
6 ,0 9 9
3 ,5 0 0
0)
2 ,0 8 3 ,0 7 7
$ 9 ,3 6 6
i
! ...............
1 ...
___
2 0 9 ,1 2 3
1
TENNESSEE
•
8TATE PENITENTIARY
Clothing: Aprons................................
Farm, garden, dairy, and livestock...
Harness...................................... sets..
252
58
193
<9
$132,725
<9
$41,875
988,095
3 $329,365
11,297
225,940
>88,095 3 $329,365
174,600
225,940
11,297
CONVICT LABOR IN 1923
SOUTH CAROLINA
177°—25t-
Knit goods, hosiery.................dozen..
Linens, etc...........................................
Repair and shop work.........................
Shoes repaired......................... pairs..
Stoves, cooking-..................................
256
19
3
20
184
0
0
CO
22,160
11,500
60,175
299.685
374,606
10,746
564,178
299,685
CO
0
CO
10,746
374,606
22,160
11,500
60,175
564,178
96,230
32,105
(0
270,406
42,125
45,000
988.095
96,230
12,105
(0
11,297
299,685
CO
)
CO
10,746
2329,365
270,406
42,125
174,600
225,940
374,606
22,160
56,500
60,175
564,178
BRUSHY MOUNTAIN PENITENTIARY
Coal......................................... .tons..
Coke.........................................do____
Repair and shop work.
265
23
86
30,499
85,702
(0
45,000
30,399
85,702
65,731
12,105
184,704
42,125
65.731
12,105
(0
184,704
42,125
41,875
TOTAL
CH
f
252
265
23
58
193
256
19
89
20
184
(0
132,725
8
(0
22,160
56,500
60,175
988,095
2329,365
11,297
299,685
225,940
374,606
10,746
564,178
TEXAS
STATE PENITENTIARY
Farm, garden, dairy, and livestock...
Linens, etc...........................................
Matresses and upholstering.................
Repair and shop work.........................
Shoes.........................................pairs..
2,678
20
4
37
10
$200,000
61,097
1,940
4819,067
0
42,657
11,676
0
81,371
44$600,530
44$800,530
(«0
61,097
0
1,371
1,940
4819,067
CO
11,676
42,657
GENERAL TABLES
Clothing, aprons................................
Coal............................................tons.
Coke...........................................d o...
Ifarm, garden, dairy, and livestock..
Harness.......................................sets.
Knit goods, hosiery................. dozen.
Linens, etc......................... ...........
Repair and shop work...................
hoes repaired.....................
pairs.
toves, cooking.............................
UTAH
STATE PENITENTIARY
Ttnilding
Clothing:
__
S h i r t s w n flr
T a iln r e d
dams _
7
1
265
395
p ia n c s
Farm, garden, dairy, and livestock...
Tjinftns, ate
29
1
1Enumeration impracticable.
2Estimated.
* Not reported.
(0
0
$212
1,492
7,606
481
$75,000
(0
$2,056
0
0
1
$75,000
265
395
212
1,492
9,662
481
8Less than 1.
84Including $422,415, value of 2,011,500 pounds of cotton, and $107,713, value of 2,756 tons of cane.
48Including $3,111* value of 110 stoves.
O
T able
B .—KIND, QUANTITY, AND VALUE OF ARTICLES PRODUCED, BY SYSTEM AND BY INSTITUTION—Contd.
g
STATE PRISONS—Continued
Institution, article produced, and
unit
Aver
age
num
ber of
State use
convicts
em
ployed Number Value
Number and value of articles produced under each system
Public works
Num
ber
Value
Public account
Number
Value
Piece price.
Number
Value
Contract
Number
Total
Number
Value
Value.
STATS PRISON AND HOUSE OF CORREC
TION FOR WOMEN
L aun d ry w ork
17
, .
0
$5,679
0
2,571
0
$5,679
STATE PRISON DEPARTMENT, H OUSE
OF CORRECTION FOR M EN
Farm, garden, dairy, and livestock...
Roads__________________ „m i la s _
20
nrt1._ _ p a i r s . .
30
176
Farm, garden, dairy, and livestock...
Laundry w o r k ____________________________
____ _L_____ miles..
Shoes._________________ ...pairs..
17
30
176
Shoes
„
0
$8,265
0
* $ 1 0 ,0 0 0
0
* 1 0 ,0 0 0
304,373
$588,765
0
0
304,373
588,765
(t)
0
0
304,373
10,836
* 1 0 ,0 0 0
588,765
TOTAL
R oads
20
0
8,265
(i)
0
2,571
5,679
304,373
10,836
5,679
> 1 0 ,0 0 0
588,765
VIRGINIA
STATE PENITENTIARY
Clothing:
{•fo r m a n ts , m is fifllla n a n n s
O v e r a ll s
Jum pers
.
P a n ts, w o r k
_
.....
Shirts, work_________________
Farm, garden, dairy, and livestock.. .
S
39,604
$8,059
20
14
133
3
34
0
$28,475
38,010
28,360
264,980
11,956
39,504
*$41,472
*29,740
*285,028
*6,972
'
1
'
38,010
28,360
264,980
11,956
ri
$8,059
*41,472
*29,740
*285,028
*6,972
28,475
CONVICT LABOR IN 1923
VERMONT
Furniture:
Chairs, fiber.............................
Rockers, settees, and benches,fiber.
Tables, fiber..................................
Other furniture, wood...................
Printing: Forms, circulars, pamphlets,
etc................. ...................................
Quarried and crushed stone.................
Roads......................................miles..
Shoes repaired......................... pairs..
0
2
17
623
5,689
214
« 13,494
29
12 7,500,000
34
550
1
1,951
16,972
1,463
116 2$1,786,800
0
3,699
29,897
779
40,057
24,197
I
»
623
5,689
214
13,494
3,699
29,897
779
40,057
16,972
7,500,000
24,197
0
116 *1,786,800
1,463
1,951
WASHINGTON
STATE PENITENTIARY
1
0
4,516
3,027
0)
0
0
6,093
1,675
0
244,148
$9,315
20,806
24,598
8,187
8,732
12,572
1,229
3,500
37,957
8
200,000
Brick.................................................
2
Building............................ buildings
Clothing:
2,811
4
Garments, miscellaneous...........
10
930
Tailored........................... pieces..
73
Farm, garden, dairy, and livestock...
0
Furniture, wood:
740
2
Chairs_____________________
1
Desks............................................. 0
119
1
Rockers, settees, and benches.......
127
Tables............................................
0
972
Other............................................
0
3
Linens, etc................................... .......
0
91
Mattresses and upholstering...............
0
Printing: Forms, circulars, pamphlets,
3
189,149
etc.....................................................
6
Repair and shop work.........................
0
5
Roads...................................... miles. .
2
1,703
Shoes repaired......................... pairs.
2Enumeration impracticable.
2Estimated.
3,600
11
25
28
10
14
25
3
1
66
$1,500
$1,500
4,516
0
$3,727
86,093
1,675
0
244,148
9,815
20,806
28,325
8,187
8,732
12,572
1,229
3,500
37,957
3
4,776
7,000
2,811
930
3,265
9,745
34,761
740
1
119
127
972
91
1,684
3
499
289
297
2,875
170
189,149
0
2
1,703
3.250
7,805
5.250
1,812
tr
STATE REFORMATORY
3
7,000
3,265
9,745
32,162
82,330
1,176
0
2,599
1,684
3
499
289
297
2,875
170
3,250
7,805
1,812
0
0)
2
5,250
2Not reported.
* Less than 1.
« Including 5,619 chairs, 6,485 rockers, 73 benches, 271
desks, 444 tables, etc., not valued separately.
GENERAL TABLES
Building....................................well..
Clothing:
Garments, miscellaneous
Tailored.......................... _
Farm, garden, dairy, and livestock...
Linens, etc.........................
Repair and shop work.......
Shoes..............................i ......... pairs..
Shoes repaired...........................do
Soap...............................................
Tags, auto................................. pairs..
O
09
T able
B .—KIND, QUANTITY, AND VALUE OF ARTICLES PRODUCED, BY SYSTEM AND BY INSTITUTION—Contd.
<j»
STATE PRISONS—Continued
Institution, article produced, and
unit
Aver
age
num
State use
ber of
con
victs
em
ployed Number Value
Number and value of articles produced under each system
Public works
Num
ber
Value
Public account
Number
Value
Piece price
Number
Value
Contract
Number
Total
Value
Number
Value
TOTAL
T
Brink
Building
buildings .
Clothing;
Garments, miscellaneous
____
Tailored __
_____ pieces. _
Farm, garden, dairy, and livestock...
Furniture, wood:
Ghairs
Desks
__ ____
Beckers, settees, and benches__
T ab les__
_____ _______
Other __ _
__________
T yn an s, e t c
M a t tr e s s e s a n d u p h o ls te r in g
Printing: Forms, circulars, pamphlets,
_______ ___
etc r_
_
R e p a i r a n d shop work .
Beads
_ miles
Shoes .
___ pairs
Shoes repaired _ _______ .do _
Soap..
_ ______1
Tags, auto
___ __________ p a ir s
8
2
200,000
15
35
101
7,327
3,957
0
740
1
119
127
972
0
1
0
0
0)
0
3
20
5
25
5
1
66
82,330
47 3
2
13
$3,600
91
189,149
0
6,093
3.378
of
244,148
%
$1,176
$8,500
12,680
30,551
56,760
0
6,326
,
1,684
3
499
289
297
11,062
170
282,330
473
$4,776
8.500
7,327
3.957
of
12,580
30,551
63,086
740
1,684
3
499
289
297
11,062
.170
1
119
127
972
0)
91
189,149
3,250
16,537
244,148
3.250
16,537
5.250
12,572
3,041
3.500
37,957
399,588
$249,742
0
2
2
6,093
3.378
5,250
12,572
3,041
3,500
37,957
of
WEST VIRGINIA
.STATE PENITENTIARY
grooms
Clothing:
,
._ . _ _. __
Shirts, work..................................
P a n t s , work
87
409
469
399,588
$249,742
1,134,623 1,229,174
1,656,119 *1,035,074
1,134,623 1,229,174
1,656,119 21,035,074
CONVICT LABOR IN 1923
WASHINGTON—Concluded
Coal...........................................tons..
Farm, garden, dairy, and livestock...
Linens, e tc ...__________________
Printing___ ____________________
Repair and shop work.........................
R oads
W h ip s
_____T
m ile s
14
46
20
12
11
130
83
4,923
0)
0)
$
$16,000
35,891
14,567
6,177
13,000
56
16,000
56,395
14,567
6,177
13,000
196,000
63,200
$20,504
0)
$196,000
162,000
63,200
WISCONSIN
STATE REFORMATORY
135
1
13
32
1
23
1,101
1,885
0)
0)
$571
10,685
19,509
3,388
100
16
104
35
2,663
731
32,400
Bakery products................... pounds..
(*)
Building........................... buildings..
Clothing:
3,802
Garments, miscellaneous..............
2
1,494
Tailored............................ pieces..
10
Farm, garden, dairy, and livestock...
101
0)
Knit goods: Hosiery................dozen..
320
51,342
Laundry..............................................
(8)
2
Linens, etc...........................................
0)
Printing: Forms, circulars, pam
4 2,500,000
phlets, etc.........................................
1
Quarried and crushed stone................
0)
1
Repair and shop work.........................
0)
5,277
Shoes......................................... pairs..
16
345,601
Tags, auto................................. do___
12
Tags, license........................................
(5)
7,150
85
Twine...................................pounds..
1Enumeration impracticable.
8 Estimated.
900
919,224 *$1,149,030
919,224 $1,149,030
1,101
571
1,885
10,685
20,213
0)
3,388
0)
510
10,641
$704
0)
510
10,641
INDUSTRIAL HOME FOR WOMEN
Clothing:
Garments, miscellaneous..............
Tailored............................ pieces..
Farm, garden, dairy, and livestock...
Linens, etc...........................................
1
(5)
11
4
0)
0)
0)
0)
100
16
104
35
2,910
912
32,400
4
900
26,000
3,802
1,494
(■)
429,383
$681,446
51,342
0)
2,500,000
2,446
3,921
78,655
681,446
900
1,677
247
181
STATE PRISON
2,446
3,921
56,720
4
$26,000
0)
21,935
900
1,677
4,885
3,053
10,050
15,800
60,405
676
0)
9,992
. 7,488
4,905,450
8 Not reported.8 Less than 1.
33
429,383
8
15,269
345,601
7,488
4,912,600
28,074
171
440,981
47 Not including 1 well valued at $1,500.
48 Plant not in operation.
GENERAL TABLES
Brick «.................................................
Brooms48............. ................................
Clothing:
Children’s play suits.....................
Garments, miscellaneous..............
Tailored............................ pieces..
Farm, garden, dairy, and livestock. _.
Linens, etc...........................................
Monuments (granite)..........................
4,885
3,086
10,050
43,874
60,405
171
441,657
C*
CJi
T able B .—KIND, QUANTITY, AND VALUE OF ARTICLES PRODUCED, BY SYSTEM AND BY INSTITUTION—Contd.
g>
STATE PRISONS—Continued
Institution, article produced, and
unit
Aver
age
num
State use
ber of
convicts
em
ployed Number Value
Number and value of articles produced under each system
Public works
Num
ber
Value
Number
Contract
Piece price
Public account
Value
Number
Value
Number
Value
Total
Number
•
Value
TOTAL
Bakery products__—_____ pounds_
Briclr 48
Brooms <8__ __________
____
Building_________
-buildings..
Clothing:
Children’s play suits__________
flarments, misc.pllnnp.nns
Tailored_______ _ _ __pieoes__
Farm, garden, dairy, and livestock...
Knit goods: Hosiery_______ dozen. _
Laundry
_ ____
Linens, etc.. __________________
Mnnnmpnts (granite)
__
Printing: Forms, circulars, pam
phlets, etc
___ ____
Quarried and crushed stone _ _____
Repair and shop work____________
Shoes____________________ pairs
Tags, auto________________ do___
Tags, license____________________
T w ine__________ _____ pounds__
32,400
<*)
$900
4
7
135
4
23
144
320
« 7
23
5,003
3.395
cJ
61,842
4 2,500,000
1
1
5,277
16
12
345,601
(8)
85
7,150
8
919,224 $1,149,030
0)
$22,886
965
5,706
0)
181
10,641
676
$900
4
26,000
$26,000
3,121
14,641
78,892
4,885
3,053
10,050
15,800
60,405
32,400
510
429,383
2,500,000
33
0)
9,992
28,074
7,488
4,905,450
171
440,981
$681,446
919,224 1,149,030
3,121
5,003
14.641
3.395
101,778
0)
681,446
429,383
51,342
900
5,977
0)
510
10.641
$
.
15,269
345,601
7,488
4,912,600
*
4,885
3,086
10,050
43,874
60,405
171
441,657
CONVICT LABOR IN 1923
WISCONSIN'—Concluded
WYOMING
STATE PENITENTIARY
__
Farm, garden, dairy, and livestock...
Clnthing! Shirts, work
212
13
0
8$7,017
39
0
13,294
0
20,311
2950,872 * $1,696,014
2950,872 2$1,696,014
(l)
*7,017
INDUSTRIAL INSTITUTE
Farm, garden, dairy, and livestock...
0
13,294
TOTAL
Clothing: Shirts, work____________
Farm, garden, dairy, and livestock...
212
52
2950,872 2 1,696,014
2950,872 * 1,696,014
20,311
oi
GEORGIA
ATLANTA PENITENTIARY
Clothing:
Garments, miscellaneous..............
Overalls and jumpers....................
Tailored.............................pieces..
Farm, garden, dairy, and livestock...
Furniture, wood:
Chairs...........................................
Other (beds)..................................
Knit goods: Underwear.......... dozen..
Linens, etc............................... ...........
Repair and shop work.........................
Shoes.........................................pairs. _
Shoes, repaired...........................do.
Textiles: "
Duck, cotton..................... yards. .
Duck, remnants and waste
.....................................pounds..
6
6
52
180
5
7
12
3
125
16
7
$7,487
7,632
49,091
73,074
1,248
10,177
$7,487
7,632
49,091
73,074
2,735
4,200
12,881
2,677
110,390
20,012
6,335
49 580
400
2,147
2,735
4,200
12,881
2,677
110,390
(V20
$
6,710
10,387
,631 3,840,163 1,679,572
16
1Enumeration impracticable
*Estimated.
1,248
10,177
6,520
0
49580
400
2,147
0
0
5,710
10,387
3,840,163
142,420
5Less than 1.
48Plant not in operation.
$16,693
142,420
49 Including 75 tables and 5 desks not separately reported.
20,012
1,679,572
GENERAL TABLES
FEDERAL PEN IT EN TIA R IES
T able B . —K IN D , QUANTITY, A N D VALUE OF ARTICLES PRODUCED, BY SYSTEM A N D BY IN STITU TIO N —Concld.
GO
FEDERAL PENITENTIARIES—Concluded
Institution, article produced, and
unit
Aver
age
num
ber of
State use
con
victs,
em
Value
ployed Number
Number and value of articles produced under each system
Public works
Num
ber
Value
Piece price
Public account
Number
Value
Number
Value
Contract
Number
Value
Total
Number
Value
LEAVENW ORTH PENITENTIARY
Brick....................................................
Brooms and brashes............................
Building............................buildings..
Clothing:
Overalls and jumpers....................
Shirts, work..................................
Tailored............................ pieces..
Farm, garden, dairy, and livestock...
Linens, etc...........................................
Printing:
Blank books..................................
Books, bulletins, etc.....................
Forms, circulars, pamphlets, etc..
Other.............................................
Repair and shop work.........................
Shoes.........................................pairs..
Shoes repaired.......................... do___
45
6
729
568,500
3,682
$9,372
2,396
11
8
58
85
29
5,495
3,719
5,611
5,769
3,905
29,540
42,896
14,597
4
12
12
5
194
41
31
8
72
4,752
281,920
171,919
0)
4,767
10,907
• (3)
$65,056
«
720
2,270
2,302
1,077
66,742
21,307
15,994
568,500
3,682
$9,372
5,495
3,719
5,611
5,769
3,905
29,540
42,896
14,597
72
4,752
281,920
171,919
720
2,270
2,302
1,077
66,742
21,307
15,994
0)
d
d
4,767
10,907
65,056
WASHINGTON
m ’n e i l i s l a n d
B u ild in g .
_
_
p e n it e n t ia r y
______ b u i l d i n g s
Clothing:
Garments, miscellaneous_______
Tailored............................pieces..
Farm, garden, dairy,.and livestock...
33
2
2
33
(50)
1,494
557
<l)
$1,946
2,195
21,969
1
$64,945
(®)
1,494
$64,945
1,946
2,195
21,969
CONVICT -LABOR IN . 1923
KANSAS
Furniture, wood:
Chairs............................................
Chiffoniers, cabinets, and cases,..
Rockers, settees, and benches.......
Tables............................................
Other.............................................
Linens, etc...........................................
Repair and shop work.........................
Sand and gravel unloaded..................
Shoes repaired-............ ............pairs. _
Wood unloaded and cut......................
0
4
19
<5)
2
28
aEnumeration impracticable.
0
0
0
1.874
d
12
26
270
640
49
4,765
27,383
495
2,342
24,322
6
4
81
45
12
.
.
.
.
.
.
.
.
.
.
• Not reported.
0
0
0)
1,874
0
• Less than 1.
12
26
270
640
49
4,765
27,383
495
2,342
24,322
» One dining room and other small buildings and tunnel.
GENERA!/ TABLES
3
6
4
81
45
12
C*
O
CONVICT LABOR IN 1023
70
T a b l e C .— VALUE OF CONSUMPTION GOODS USED OR SOLD THAT
W ERE PRODUCED U N D E R SPEC IFIED SYSTEMS, CONVICTS EM
PLOYED ON SUCH GOODS, A N D AMOUNT RECEIVED FOR LABOR
OF CONVICTS, BY IN STITU TIO N A N D BY IN D U STR Y
Alabama—State prison (Including nine prisons with headquarters at Montgomery)—
Montgomery
Value of goods or produce sold
Aver Value of
goods
age
num
used
ber
pro
System under which produced
of con duced
under
victs
Total
em State-use Public
Piece
Contract
ployed system account
price
Industry
Clothing: Garment making,
unclassified ___
Coal mining _ _
_ _
Cotton mattresses________ _
Farm, garden, dairy, and live
stock
Linens, etc., making and
mending
Lum ber
Textiles: Duck, cotton
Total
21
1,334
5
$31,022
508
105,376
16
146
260
24,966
20,347
828,552
2,289
199,486
837,778
$3,626,613 $3,626,313
17,775
$9,226
Brooms
_ _
_
-
classified
Tailoring _
Farm, garden, dairy, and
live stock
_
_ ..
Linens, etc., making and
mending.
Shoemaking
_
_ _
Total__________________
1
$50
1
4
695
2,000
10
2,548
1
5
300
2,832
22
8,425
1636,048
1636,048
828,552
ers
Farm, garden, dairy, and
live stock ..
Linens, etc., making and
m ending... .
Shoe repairing
Total
_ ^
__
rril
___
11
1,005
$1*148
$1,148
1,148
1,148
$2,839
32,706 $255,891
24
13
4,412
4,775
1,053
44,732
$255,891
255,891
255,891
California—State prison—Folsom
Clothing:
Garment making, un
classified.......................
Tailoring.........................
Farm, garden, dairy, and
live stock...........................
Linens, etc7, making and
mending.............................
Quarrying granite..................
Repair and shop work, mis
cellaneous...........................
Shoemaking_____ ______
Shoe repairing.......................
13
6
$7,286
3,532
115
23,592
13
241
7,454
90,157
50
16
4
27,795
6,933
1,738
Total.
168,487
1Estimated.
87,848
•4,262,361 •5,100,139 1,021,136
Arkansas—Penitentiary—Little Rock
Clothing: Overalls and jump
$933,288
9,226
Arizona—State prison—Florenee
Clothing:
Garment making, un
Amount
paid
institu
tion for
labor of
con
victs
$4,930
$4,930
4,930
4,930
Estimated in part
GENERAL TABLES
71
VALUE OF CONSUMPTION GOODS USED OR SOLD THAT
WERE PRODUCED U N D E R SPECIFIED SYSTEMS, CONVICTS EM
PLOYED ON SUCH GOODS, A N D AMOUNT RECEIVED FOR LABOR
OF CONVICTS, BY IN STITU TIO N A N D BY IN D USTR Y —Contd.
T able C .—
California-State prison—San Quentin
Value of goods or produce sold
Aver Value of
age
goods
num
used
ber
pro
System under which produced
of con duced
under
victs
Total
em State-use Public
Piece
Contract
ployed system 'account
price
Industry
Bags, etc., jute___________
Clothing:
Overalls, denim_______
Shirts, cotton
„ _ ^
____ ___
TailoringFarm, garden, dairy, and
live stock
Flags
Furniture
...... _ ..
......
_
_
_ .
Linens, etc., making and
mending...
Repair and shop work, mis
cellaneous_____________
Rock, quarried and crushed..
Shoemaking . ____
___
Shoe repairing____________
Total
788
$214 $293,083
15
15
65
3,615
12,505
32,743
83
10
326
14,386
3,742
65,775
20
4,295
12
50
74
12
2,814
2,334
17,117
3,115
1,470
162,655
Amount
paid
institu
tion for
labor of
con
victs
$293,083
1,755
1,705
294,788
294,788
Colorado—Reformatory—Buena Vista
Farm, garden, dairy, and
livestock
Linens, etc., making and
mending
Shoe repairing
Total
103
$39,061
37
12
12,620
7,500
152
59,181
$24,510
$24,510
24,510
24,510
Colorado—State penitentiary—Canon City
Clothing:
Garment making, un
classified
_____
Tailoring................... ......
Farm, garden, dairy, and
livestock
Lime___________________
Linens, etc., making and
mending__ ___________ _
Repair and shop work, mis
cellaneous. _____________
Rock, quarried and crushed..
Shoemaking
Shoe repairing____________
Total
4
12
$1,170
4,372
105
30
39,769
13,870
17
6,438
10
64
8
14
264
!
$7,087
$7,087
4,890
21,086
3,012
5,600
5,873
5,873
100,727
12,960
12,960
Connecticut—Reformatory—Cheshire
Farm, garden, dairy, and
livestock______________
Printing.................................
Repair and shop work, mis
cellaneous_____________
40
20
$14,876
Tags, automobile
45
8
30
43,961
Total
143
58,837
Shoe repairing
$28,437
$28,437
9,042
525
9,042
525
38,004
•
38,004
CONVICT LABOR IN 1923
>72
T a b l e C .—VALUE OF CONSUMPTION GOODS U SED OR SOLD THAT
.
WERE PRODUCED U N D E R SPEC IFIED SYSTEMS, CONVICTS EMPLOYED ON SUCH GOODS* A N D AMOUNT RECEIVED FOR LABOR
OF CONVICTS, BY INSTITUTION A N D BY IN D USTR Y — Contd.
Connecticut—State farm for women—Niantic
Value of goods or produce sold
Aver Value of
age
goods
num
used
ber
pro
System under which produced
of Con duced
victs
under
Total
em State-use Public
Piece,
ployed system account
price. Contract
Industry
Farm, .garden, dairy, and
livestock______________
21
Amount
paid
institu
tion for
labor of
con
victs
$10,940
Connecticut—State prison—Wethersfield
Clothing: Men’s work shirts.
Farm, garden, dairy, and
livestock______________
Total
353
11
$5,235
364
5,235
i $2,308,103
i $2,308,103
$125,040
12,308,103
12,308,103
125,040
Delaware—County workhouse—New Castle
Clothing: Men’s cotton work
pants____ :________ ____
Farm, garden, dairy, and
livestock.............................
Linens, etc.,, making and
mending
_
Total............................
199
38
$6,020
8
4,500
245
10,520
$413,480
$413,480
$36,459
$6,000
21,661
7,661
1,661
6,000
415,141
421,141
38,120
District of Columbia—Reformatory—Lorton, Va.
Brooms..-._____________
Farm, garden, dairy* and
livestoek
........ ..
Total
2
$2,333
26
13,904
28
16,237
District of Columbia—Workhouse—Occoquan, Va.
Brick............... .....................
Farm, garden, dairy, and
livestock______________
Linens, etc., making and
mending______________
Lumber_________________
finrwi and gravel
Total
____
60
$49,652
54
59,410
1
10
3
250
6,270
660
128
116,242
1
'
•. . .
-
!
Florida—State farm—Raiford
Clothing: Garment making,
unclassified____________
Farm, garden, dairy, and
livestock______________
Linens, etc., making and
mending______________
Repair and shop work, mis-
2
$362
204
92,819
33
4,737
14
10
2
17,100
3,926
1,428
Total............................
• 265
120,372
eellaneona
_______
Shoemaking ______
___
Shoe repairing.___ ___
_ ._
i Estimated.
$41,106
$41,106
41,106
41,106
*
Value o f labor only.
GENERAL TABLES
73
T able C .— VALUE OF CONSUMPTION GOODS USED OR SOLD THAT
WERE PRODUCED U N D E R SPECIFIED SYSTEMS, CONVICTS EM
PLOYED ON SUCH GOODS, A N D AMOUNT RECEIVED FOR LABOR
OF CONVICTS, BY INSTITUTION A N D BY IN D USTR Y — Contd.
Georgia—State farm—Atlanta
Value of goods or produce sold
Aver Value of
age
goods
num
used
pro
System under which produced
ber
of con duced
under
victs
Total
em State-use Public
Piece
Contract
ployed system account
price
Industry
Farm, garden, dairy, and
livestock _ ____________
Amount
paid
institu
tion for
labor of
con
victs
• •
440
$41,643
$12,196
.
$12,195
Idaho—State penitentiary—Boise
Clothing:
Garment making, un
classified ________
Tailoring
_ ____
Farm, garden, dairy, and
livestock
Linens, etc., making and
mending
Repair and shop work, mis
cellaneous
Shoemaking_____________
Shoe repairing
Total
__
_
„
2
2
$931
905
23
7,740
$2,881
$2,881
600
3,410
18
3,426
3,426
13,738
6,307
6,307
134
(3)
(3)
15
(3)
42
Illinois—Women’s prison—Joliet
Farm, garden, dairy, and
livestock
___
Flags__________________
Laundry________________
Linens, etc., making, and
mending._____________
Total
1
1
5
$466
539
17,000
2
989
9
18,994
$60
$60
60
60
Illinois—State penitentiary—Joliet
Crushed stone____________
Farm, garden, dairy, and
livestock______________
Furniture, hardwood______
Furniture, reed__________
Repair and shop work, mis
cellaneous_____________
Shoemaking_____________
122
$41,856
94
176
181
40,669
10,119
273
9
76
2,072
73,513
Total______________
658
168,502
J
$122
62,899
74,760
$122
62,899.
74,760
137,781
137,781
Illinois—Southern Illinois penitentiary—Menard
25
309
$8,000
$6,845
60,031
$6,845
60,031
53
40
29,093
80,032
3,500
3,500
Stone-dust fertilizer_______
74
91
155,555
Total__________ ___
592
272,680
Brick__________________
Crushed stone____________
Farm, garden, dairy, and
livestock______________
Hosiery_________________
Linens, etc., making and
mending____________________
3Less than 1.
20,000
20,000
90,376
90,376
,
74
CONVICT LABOR IN 1923
C .— VALUE OP CONSUM PTION GOODS U SE D OR SOLD THAT
W ERE PRO DUCED U N D E R SPEC IFIED SYSTEMS, CONVICTS EM
PLOYED ON SUCH GOODS, A N D AMOUNT RECEIVED FOR LABOR
OF CONVICTS, BY IN STITU TIO N A N D BY IN D U STR Y — Contd.
T able
Illinois—State reformatory—Pontiac
Value of goods or produce sold
Aver Value of
age
goods
num
used
ber
pro
System under which produced
of con duced
victs
under
Total
em State-use Public
Piece
Contract
ployed system account
price
Industry
Clothing: Tailoring-..........
Farm, garden, dairy, and
livestock______________
Furniture, fiber_____ _____
Linens, etc., making and
mending_________ _____
Printing and binding______
Shoemaking_____________
Total______________
10
$6,225
26
311
30,029
65
113
32
557
10,962
29,511
5,739
82,466
$35,528
Amount
paid
institu
tion for
labor of
con
victs
$35,528
•
35,528
35,528
Illinois—State farm—Vandalia
Farm, garden, dairy, and
livestock------------ .---------
38
$12,654
$1,686
$ 1,686
Indiana—Women’s prison—Indianapolis
Farm, garden, dairy, and
livestock______________
Laundry work___________
Linens, etc., making and
rpp.nHing____________________
Rug weaving, novelty art
work_________________
Total______________
15
10
$5,081
30
1,771
2
57
6,852
$3,988
$3,988
213
4,201
213
4,201
Indiana—Reformatory—Jeffersonville
Brooms_________________
Farm, garden, dairy, and
livestock______________
T^irmtnrft, flhp.r chairs
"Hollow ware_
_______
Linens, etc., making and
mending_____ ____ ____
Printing-
... ___ _
Repair and shop work, mis
cellaneous...........................
Total................ ............
8
$5,969
$1,691
$1,691
8
142
98
13,500
4,927
40,590
121,504
4,927
40,590
121,504
9
8
14,628
5,508
4
277
3,026
45,141
168,712
168,712
2,510
Indiana—State prison—Michigan City
Clothing:
Shirts, work__________
Tailoring- _____ _____ _
Farm, garden, dairy, and
livestock______________
Furniture, reed— ................
Hosiery_________________
Linens, etc., making and
mending _
_
Monuments, stone
"Printing
___
__
Repair and shop work, mis
cellaneous
"Road signs
Shoemaking
Tags, automobile
Textiles: Cloth, c o t t o n - - __
Tobacco manufacturing,
chewing and smoking
Twine, binder-----------------Total............................
291
15
$7,321 $121,815
36,307
21
70
1
20,631
10,100
642
7
18
3
2,273
9
54
50
10
13
6,106
103,466
27,643
2,018
3,200
7
149
718
11,214
8,200
700
231,621
$323,924
$445,739
$64,784
121,206
8,200
121,206
40,402
59,288
59,288
11,857
51,110
345,183
526,308
51,110
504,418
345,183
1,030,726
117,043
GENERAL TABLES
75
T able C .— VALUE OF CONSUMPTION GOODS USED OR SOLD THAT
WERE PRODUCED U N DER SPECIFIED SYSTEMS, CONVICTS EM
PLOYED ON SUCH GOODS, AND AMOUNT RECEIVED FOR LABOR
OF CONVICTS, BY INSTITUTION A N D BY IN D USTR Y —Contd.
Indiana— State farm— Putnamvffle
Value of goods or produce sold
Aver Value of
age
goods
num
used
ber
pro
System under which produced
of con duced
under
victs
Total
em State-use Public
Piece
Contract
ployed system account
price
Industry
$12,780
7,709
65
56
$498
51,400
605
53
31,558
15,622
15,622
86
48,758
43,958
43,958
2
929
1,208
1,208
4
I
6,863
2,400
22
22
1
202
76
76
289
143,266
41,440
41,440
Baskets, willow__________
Brink and tile _____
46
92
1
... ......
Brooms_________________
Coal mining_____________
Crushed stone___________
Farm, garden, dairy, and
livestock______________
Lime and pulverized lime
stone_________________
Linens, etc., making and
mending______________
Lumber________________
Repair and shop work, mis
cellaneous_____________
Total
0
_____ ... _
Amount
paid
institu
tion for
labor of
con
victs
$12,780
7,709
65
Iowa— Men’s reformatory— Anamosa
Clothing:
i $864,970
312
Aprons, bungalow
Garment making, un
classified___________
10
10
10
31
$3,432
2,587
3,174
10,400
186
27
48
70,811
8,970
14,357
Tubs, butter_____________
53
32
10
27
18,900
5,008
1,584
Total............................
756
139,223
Overalls, denim
TTninnalls
_
_ _ _
_ ____
Tailoring____________
Farm, garden, dairy, and live
stock_________________
Linens, etc., making and
mending
Printing________________
Repair and shop work, mis
cellaneous
Shoemaking___ __________
Shoe repairing
_
. ....
i $854,970 i $65,983
19,559
$19,559
1
47,162
47,162
66,721
i 854,970
« 921,691
65,983
i $502,844
$40,959
Iowa— State penitentiary— Fort Madison
Clothing:
Garment making, un
classified
_
___
Shirts, work__________
Tailoring____ ________
Farm, garden, dairy, and live
stock
Furniture, chairs_________
Linens, etc., making and
mending
Repair and shop work, mis
cellaneous. ....
Shoemaking____
Shoe repairing
Total.
. .
. .
., T , ririiriT
1Estimated.
1
226
3
$1,970
58
166
47,970
16,824
4
7,690
10
1
2
6,000
3,248
3,400
471
94,167
1Less than 1.
4$502,844
7,065
$12,076
310,174
322,250
12,076
310,174
i 502,844
4Includes $62.85 for ice.
<*825,094
40,959
• Estimated in part.
CONVICT LABOR IN 1923
T able C .— VALUE OF CONSUMPTION GOODS USED OR SOLD THAT
W ERE PRODUCED U N D E R SPEC IFIED SYSTEMS, CONVICTS EM
PLOYED ON SUCH GOODS, A N D AMOUNT RECEIVED FOR LABOR
OF CONVICTS, BY IN STITU TIO N A N D BY IN D U STR Y —Contd.
Iowa— W o m e n ’s reformatory— Rockwell City
Value of goods or produce sold
Aver Value of
age
goods
num
used
ber
pro
System under which produced
of con duced
under
victs
Total
em State-use Public
Piece
Contract
ployed system account
price
Industry
Clothing: Garment making,
unclassified........................
Farm, garden, dairy, and
livestock______________
Linens, etc., making and
mending..............................
7
$437
33
10,597
33
2,182
Total ____________
73
13,216
$676
$676
676
676
Amount
paid
institu
tion for
labor of
con
victs
Kansas— State industrial farm— Lansing
Farm, garden, dairy, and
livestock
Linens, etc., making and
mending _____
Total______________
89
$15,260
10
2,151
99
17,411
$1,447
$1,447
1,447
.1,447
.Kansas— State penitentiary— Lansing
104
Brick
Clothing:
Garment making, un
classified
Tailoring_______
Coal mining ...
______...
Farm, garden, dairy, and
livestock_____ ___ ____
Linens, etc., making and
mending______________
Shoe repairing___________
Twine_____ ____________
$35,000
10,146
9,846
143,053
101 30,184
24 15,304
6 3,539
16
15
352
101
719
Total
247,072
$49,599
$49,599
259,461
309,060
259,461
309,060
Kentucky— State penitentiary— Eddyvilie
Brooms_________________
Clothing: Shirts, work_____
Farm, garden, dairy, and live
stock_________________
Harness, collars ____ ______
Linens, etc., making and
mending______________
Repair and shop work, mis
65
230
13
10,000
Total............................
423
34,250
cellaneous
_
*Including $542,224, estimate.
6
93
$14,250
16
10,000
$6,063
6,063
$474,560
*629,161
$474,560
*629,161
$22,209
52,209
213,210
6,063
213,210
30,427
•1,316,931 •1,322,994
104,845
GENERAL TABLES
77
T a b l e C .— VALUE OF CONSUMPTION GOODS USED OR SOLD THAT
WERE PRODUCED U N D E R SPEC IFIED SYSTEMS, CONVICTS EMPLOYED ON SUCH GOODS, A N D AMOUNT RECEIVED FOR LABOR
OF CONVICTS, BY IN STITU TIO N A N D BY IN D U STR Y —Contd.
Kentucky—State reformatory—Frankfort
Aver Value of
Value of goods or produce sold
age
goods
num
used
ber
pro
System under which produced
of con duced
victs
under
Total
em State-use Public
Piece
Contract
ployed system account
price
Industry
Brooms . _ __
_ _ . __
Clothing:
Overalls and jumpers___
Shirts................ ............Farm, garden, dairy, and live
stock_________________
Furniture, wicker and reed
chairs_________ _______
Linens, etc., making and
mending______________
ShnAmaking _
.
.....
61
621
41,484
Total______________
1,272
85,661
72
$370,800
30
404
$21,002
16,375
7
6,800
177
Amount
paid
institu
tion for
labor of
con
victs
$370,800
$20,275
11,336,880 U,336,880
109,663
503,750
503,750
36,509
3,306,885
3,306,885
146,493
•5,518,315 •5,518,315
312,940
Louisiana—State penitentiary—Baton Rouge*
Farm, garden, dairy, and
livestock______________
Linens, etc., making and
mending _
. _
Shnemaking
___
Sugar
____
___
Total______________
.633
15
7
$24,762
18,645
655
43,407
$166,400
$166,400
7128,085
7128,085
294,485
294,485
Maine—State reformatory for women—Skowhegan
Farm, garden, dairy, and
livestock.............................
Linens, etc., making and
mending______________
Total__
2
$6,733
$319
229
$319
6,733
548
548
46
48
229
Maine—State prison—Thomaston
Brooms................................. .
Farm, garden, dairy, and
livestock............................ .
Farm implements..................
Harness..................................
75
12
54
42
$12,000
$10,554
29'970
91,000
$159,385
Total........................... .
183
12,000
131,524
$159,385
$20,720
10,554
29,976
91,000
159,385
290,909
20,720
Maine—State, reformatory for men—South Windham
$7,000
3
Building construction..........
Farm, garden, dairy, and
livestock- ___________
Wood-pulp manufacturing...
20
12
$3,370
3,614
Total.............................
35
3,370
10,614
$7,000
8$60,000
3,614
60,000
*60,000
70,614
00
1Estimated.
• Headquarters of convict department. Convicts are distributed throughout the State on prison farms.
. 7Sugar mill did not operate. This sugar sold from 1921 stock on hand.
8The company does not hold a contract for the labor. When in need of help, the company requests the
superintendent of the reformatory that a certain number of men be sent him, who receive prevailing wages
paid other employees. The institution merely deducts the per capita cost of maintenance, and the balance
is given to inmate’s dependent family.
• Amount not reported.
• Estimated in part.
1 7 7 ° — 2 5 t ------- 6
CONVICT LABOE IN 1923
78
T able C .— V A L U E O F C O N S U M P T IO N G O O D S U S E D O R S O L D T H A T
W E R E P R O D U C E D U N D E R S P E C IF IE D SY S T E M S , C O N V IC T S E M
P L O Y E D O N SU C H GOODS, A N D A M O U N T R E C E IV E D F O R L A B O R
O F C O N V IC T S , B Y I N S T I T U T I O N A N D B Y I N D U S T R Y — Contd.
Maryland—Maryland penitentiary—Baltimore
Value of goods or produce sold
Aver Value of
age
goods
num
used
System under which produced
ber
pro
of con duced
under
victs
Total
em State-use Public
Piece
Contract
ployed system account
price
Industry
Amount
paid
institu
tion for
labor of
con
victs
4
» $55,292
io $55,292
$1,191
306
87
28
192
1,050,524
f 275,000
190,000
228,752
1,050,524
1275,000
190,000
228,752
86,923
24,558
7,911
54,615
“ 16,362
n 275,302
n 16,362
i** 275,302
li, 518
33,015
*1,991,232 *1,991,232
219,731
Building construction______
Clothing:
Men’s cotton work pants.
Men’s cotton work shirts.
Furniture, wood......... ..........
Hollow ware......... .................
Linens, etc., making and
mending_______________
Printing
... ______
Road building____________
Shoemaking-___ _________
Tags, automobile________
4
11
33
125
9
$16,000
14,962
Total........................... .
799
70,856
16,927
22,967
Maryland—House of Correction—Jessups
Baskets...................................
Clothing:
Men’s cotton work pants.
Men’s cotton work shirts.
Farm, garden, dairy, and
livestock_____________ _
Ladies’ handkerchiefs............
Road building____________
Traps, wire______________
Total..
33
$16,439
$16,439
$9,456
149
122
»366,000
1240,000
1366; 000
1240,000
42,227
34,191
«1,667
115,000
i* 14,840
31,245
4,517
15,000
u 14,840
31,245
1,667
2,701
9,949
4,981
*685, m
*688,041
105, Jt72
35
12
36
17
$16,274
$2,850
404
16,274
2,850
Massachusetts—State farm—Bridgewater
Farm, garden, dairy, and
livestock............................ .
$8,028 ..
151 $113,705
Massachusetts—State prison—Charlestown (Boston)
Brooms and brushes.
Clothing:
(Garment making, un
classified........................
Tailoring..........................
Hosiery...................................
Linens, etc., making and
mending..............................
Mattress making and up
holstering............................
Metal and aluminum ware...
Shoemaking................ ..........
Tags, automobile and motor
cycle.....
Total.
47
$6,678
$35,230
$35,230
10
75
42
12,379
73,294
41,719
1,422
15,197
9,728
1,422
15,197
9,728
2
884
200
200
21
27
140
8,549
8,200
47,874
51,725
12,891
146,130
61,725
12,891
146,130
272,523
272,523
40
103,236
404
302,813
i Estimated.
» Working for private contractors erecting prison buildings.
11Amount paid, by contractor to institution and inmates,
i* Including estimates on boys' shoes at $58,000.
u Money paid for labor of convicts on farm work.
wValue of labor working for private contractor.
* See notes to details.
n
GENERAL TABLES
T a ble C . — V A L U E O F C O N S U M P T I O N G O O D S U S E D O R S O L D T H A T
W E R E P R O D U C E D U N D E R S P E C I F I E D S Y S T E M S , C O N V IC T S E M
P L O Y E D O N SU C H GOODS, A N D A M O U N T R E C E IV E D F O R L A B O R
O F C O N V IC T S , B Y I N S T I T U T I O N A N D B Y I N D U S T R Y — Contd.
Massachusetts—Reformatory—Concord Junction
Value of goods or produce sold
Aver Value of
goods
age
used
num
pro
System under which produced
ber
of con duced
under
victs
Total
em State-use Public
Piece
Contract
ployed system account
price
Industry
Farm, garden, dairy, and live
stock_
Furniture______________
Chair caning_______
Lumber_________________
$20,722
25,246
Repair and shop work, miscel
laneous___
Textiles11....... .... ..............
44
55
6
6
1
1
202
923
134,894
19,236
Total.............................
315
184,765
60,508
Printing
2,980
$41,105
$1,036
167
$41,105
1,036
19,236
1,036
61,544
Total.
4
$10,192
1,516
$6,908
71
$6,908
71
13
31,765
1,585
13,014
2,099
10,271
3,915
2,099
10,271
3,915
1
4
11
23
12,590
65,977
65,977
56
70,662
89,241
89,241
Massachusetts—Prison camp—West Rutland
Farm, garden, dairy, and live
stock_________________
Lumber________________
Sand and gravel
. _
36
3
1
$21,008
2,762
400
$12,550
$12,550
Total............................
40
24,170
12,550
12,550
Michigan—Reformatory—Ionia
Clothing: Garment making,
unclassified....... ................
Farm, garden, dairy, and live
stock........... ............ ...........
Furniture, reed chairs, etc...
Mats, automobile_________
Repair and shop work, mis
25
$34,290
86
318
2
45,815
Soap making.
_ ____
Toys__________ . ....
17
29
10
22
6,768
21,075
29,595
Total____ _____ ___
509
137,552
cellaneous . . _
Shoemaking____ .......
14Cotton yarn was spun by inmates.
$166,094
2,393
$62
167
Massachusetts—Women’s reformatory—Sherborne
Clothing:
Garment making, un
classified.......................
Tailoring..........................
Farm, garden, dairy, and
livestock..............................
Flags....................... ...... .......
Hosiery..................................
linens, etc., making and.
mending.............................
Amount
paid
institu
tion for
labor of
con
victs
$166,004
2,393
562
§62
13,200
13,200
182,249
182,249
62
CONVICT LABOR IN 1923
80
T a ble C *— V A L U E O F C O N S U M P T I O N G O O D S U S E D O R S O L D T H A T
W E R E P R O D U C E D U N D E R S P E C I F I E D S Y S T E M S , C O N V IC T S E M
P L O Y E D O N SU C H GOODS, A N D A M O U N T R E C E IV E D F O R L A B O R
O F C O N V IC T S , B Y I N S T I T U T I O N A N D B Y I N D U S T R Y — Contd.
Michigan—State prison—Jackso a
Value of goo is or produce sold
Aver Value of
age
goods
num
used
System under which produced
ber
pro
of con duced
under
victs
Total
em State-use Public
Piece
Contract
ployed system account
price
Industry
Brie*
Brushes_________________
Clothing:
Overalls and jumpers___
Tailoring_____________
Farm, garden, dairy, and live
stock_________________
Farm implements_________
Furniture, reed chairs______
Hollow ware_____________
Linens, etc., making and
mending_________ 1 1_. I_
Monuments, memorial........ .
Printing.................................
Repair and shop work, mis
cellaneous_____________Tags, automobile_________
Textiles: Cotton cloth_____
Twine__________________
Total............................
$4,100 $144,210
10,401
1,622
107
14
7
1
81,981
12,254
127
5
158
7
150,567
285
1
43
10
13,057
$144,210
10,401
115,748
815
312,841
8,362
115,748
815
312,841
8,362
102,125
102,125
20
31
16
276
14,793
w 865
87,977
4,897
496 1,506,925
1,506,925
823
381,329 2,202,292
2,202,292
3,109
6,191
865
Michigan—State house of correction and branch prison—Marquette
Box shooks, knocked down..
Clothing:
Garment making, un
classified..... ............ ....
Overalls and jumpers---Tailoring........ ................
Farm, garden, dairy, and live
stock_________________
Linens, etc., making and
$11,828 $124,685
96
1,279
17,037
2,116
4
103
6
33
»
244,810
$124,685
244,810
13,269
Lumber_________________
4
35
1,441
53,364
24,397
24,397
Total............................
281
100,334
393,892
393,892
m e n d in g .
„
Minnesota—State reformatory for men—St. Cloud
Clothing:
Garment making, un
classified______________
Tailoring..........................
Crushed rock____________
Farm, garden, dairy, and live
stock...................................
Linens, etc., making and
mending..............................
Repair and shop work, mis
cellaneous. .
Total_____________
12
41
91
$10,804
28,208
43,995
61
31,011
9
8,532
8
11,439
222
133,989
$2,367
$2,367
2,367
2,367
Sales to another State under competitive conditions.
17Including $225 worth of ice.
Amount
paid
institu
tion for
labor of
con
victs
GENERAL TABLES
81
T a ble C . — V A L U E O F C O N S U M P T I O N G O O D S U S E D O R S O L D T H A T
W E R E P R O D U C E D U N D E R S P E C I F I E D S Y S T E M S , C O N V IC T S E M
P L O Y E D O N S U C H GOODS, A N D A M O U N T R E C E IV E D FO R L A B O R
O F C O N V IC T S , B Y I N S T I T U T I O N A N D B Y I N D U S T R Y — Contd.
Minnesota—State reformatory for women—Sbakopee
Value of goods or produce sold
Aver Value of
goods
age
num
used
ber
pro
System under which produced
of con duced
under
victs
Total
em- State-use Public
Piece
Contract
:ployed system account
price
Industry
Clothing:
Garment, making, un
classified ___________
Tailoring____________
Farm, garden, dairy, and live
stock_________________
Linens, etc., making and
mending______________
6
4,358
6
2,182
T o ta l.........................
15
8,084
2
1
Amount
paid
institu
tion for
labor of
con
victs
$525
1,019
$504
$504
504
504
Minnesota—State prison—Stillwater
Clothing:
Garment making, un
classified___________
Tailoring....................... .
Farm, garden, dairy, and live
stock_________________
Farm implements_________
Linens, etc., making and
mending______________
Printing________________
Twine, hinder
4
2
$3,643
3,021
31
92
40,659
2
11
487
4,304
6,530
629
Total............................
$1,013
291,260
$1,013
291,260
2,271,659
2,271,659
58,157 2,563,932
2,563,932
Mississippi—State penitentiary—Jackson *
Brick____________ -_____
Clothing: Garment making,
unclassified____________
Farm, garden, dairy, and live
stock________ ________
Limestone, agricultural____
Linens, etc., making and
• mending______________
Total............................
5
1
$949
1,219
3
138,749
24
32,779
1,252
172,477
$1,090
$1,090
581,206
1,346
581,206
1,346
583,642
583,642
Missouri—Reformatory—BoonviHe6
Brick__________________
Clothing: Overalls and jump
ers___________________
Farm, garden, dairy, and live
stock 18................................
Linens, etc., making and
mending.............................
Printing________________
Repair and shop work, mis
cellaneous_____________
Rock, quarried and crushed—
Shoemaking_____________
S h o e r e p a i r in g
_
n_____ ..
Total____________
_
50
$4,567
10
4,621
84 M92,689
$8,363
$8,363 !
14,062
14,062
5
16
1,928
25,496
24
103
10
1
14,000
296,389
4,469
963
15,185
15,185
303
445,122
37,610
37,610
6Headquarters of convict bureau. Convicts are distributed throughout the State on prison farms.
16Four convicts produced State-use ice valued at $1,687.30.
CONVICT LABOR IN 1923
82
C .— V A LU E OF
W ERE PRODUCED
P L O Y E D O N SUCH
O F C O N V IC T S , B Y
T able
C O N S U M P T IO N G O O D S U S E D O R B O LD T H A T
U N D E R S P E C IF IE D SY S T E M S , C O N V IC T S E M
GOODS, A N D A M O U N T R E C E IV E D FO R L A B O R
I N S T I T U T I O N A N D B Y I N D U S T R Y — Contd.
Missouri-State penitentiary—Jefferson City.
Value of goods or produce sold
Aver Value of
age
goods
num
used
ber
pro
System under which produced
of con duced
victs
under
Total
em State-use Public
Piece
Contract
ployed system account
price
Industry
Brooms. ... _____
Clothing:
Garment making, un
classified________
Jumpers______ ______
Overalls ,
__ __
Shirts, chambray______
Shirts, flannel_________
Taflnringj pants
___
Farm, garden, dairy, and live
stock........... ...... ............
Leather findings__________
Linens, etc., making and
mending______________
Repair and shop work, mis
cellaneous
r _ ... _ _
Rhnemalrmg
_ _ _ __
Shoe repairing. ________
Twine and rope ,,
__
Total
__
89
7
83
390
259
57
149
$10,526
234
10
214,955
13
14,850
18
149
25
9
20,870
1,991
24,780
» 1,492
j Amount
paid
institu
tion for
labor of
con
victs
$224,552
$224,552
87,487
426,741
93,476
122,472
100,110
87,487
426,741
93,476
122,472
100,110
1,101
14,500
1,101
14,500
179,923
179,923
17,673
17,673
287,972 1,288,035
1,268,035
1
Montana—State prison—Beer -bodge
Brick
............
"Brooms..................................
-Clothing: Tailoring_______
Farm, garden, dairy, and live
stock
Lum ber
_
8
7
$18,750
570
5,500
5
29
17,892
Bugs___________________
_
25
1
2,969
Total............................
75
45,681
_____
_
_
_
$91
$91
01
91
Nebraska—State penitentiary—Lincoln
Clothing: Men’s cotton work
shirts.................... .............
Farm, garden, dairy, and live
stock
Furniture, chairs_________
Linens, etc., making and
mending
-ftbne repairing
............
_ _
Total............................
$482,439
300
59
80
$21,353
11
3
6,441
3,500
453
31,294
$482,439
$2,473
88,294
90,787
$89,225
2,473
88,294
482,439
573,206
89,225
Nebraska—State reformatory for men—Lineoln
Clothing: Garment making,
unclassified____________
Farm, garden, dairy, and live
stock
Linens, etc., making and
mending______________
Repair and shop work, mis
cellaneous
Shoe repairing
_ _______ __ _
Tnt.nl
15
$1,106
80
19,859
45
3,311
5
10
2,500
1,249
155
28,025
$5,861
$5,861
-------- -------------
6,861
» Not including 14 convicts making auto suits, not sold.
—
5,861
.....................
GENERAL TABLES
ITa b l e c .— v a l u e o f c o n s u m p t i o n g o o d s u s e d o r s o l d t h a t
W E R E P R O D U C E D U N D E R S P E C I F I E D S Y S T E M S , C O N V IC T S E M
P L O Y E D O N SU C H GOODS, A N D A M O U N T R E C E IV E D FO R L A B O R
O F C O N V IC T S , B Y I N S T I T U T I O N A N D B Y I N D U S T R Y — Oontd.
Nebraska—fStatc reformatory for women—York
Value of goods or produce sold
Aver Value of
goods
age
num
used
ber
System under which produced
pro
of con duced
victs
under
Total
em State-use Public
Piece
Contract
ployed system account
prioe
Industry
Farm, garden, dairy, and live
stock
_ . .
Linens, etc., making and
mending
________ ___
13
$4,498
6
554
Total............................
19
5,052
$1,136
$1,136
1,136
1,136
Amount
paid
institu
tion for
labor of
con
victs
Nevada—State prison—Carson City
Farm, garden, dairy, and live
stock_________________
Linens, etc., making and
mending______________
Repair and shop work, mis
cellaneous____ _________
Shoe repairing______ -____
Total............................
16
$10,655
1
60
12
1
9,500
275
30
20,490
$2,267
$2,267
2,267
2,267
New Hampshire—tState prison—Concord
Farm, garden, dairy, and live
stock............................ ....
Furniture, wood...... ..............
2
98
Total............................
100
(20)
**$233,000 2* $233,000
2*233,000
21233,000
$36,115
36,115
New Jersey—Reformatory for women—Clinton
Farm, garden, dairy, and liveRtnnlr
Linens, etc., making and
mending______________
.28
$19,075.
124
8,051
Total............................
52
22,126
$166
$166
166
166
New Jersey—Reformatory—Rahway
Clothing:
Garment making, un
classified-.-..................
Tailoring- ___________
Farm, garden, dairy, and live
stock.................................. .
Furniture_____ _________
Linens, etc., making and
mending__ ____ _______
Printing.................................
Repair and shop work, mis
cellaneous_____________
Road repairing___________
Shop.maMng
Total............................
1
20
$533
9,462
44
6
39,438
6,922
3
15
1,642
22,822
8
1,523
14
5,379
111
87,721
0
22 $908
22 $908
$908
2238
2238
38
2*946
22946
946
* Less than 1.
* Unable to get any estimate.
31$15,000 sold from previous year’s production, balance estimated.
« This amount represents what institution received for hire of convicts and does not represent value of
product. Farmers in the neighborhood when in need of help and unable to obtain It otherwise call on
institution lor some men to do the work.
CONVICT LABOR IN 1923
84
T able C . — V A L U E O F C O N S U M P T IO N G O O D S U S E D O R S O L D T H A T
W E R E P R O D U C E D U N D E R S P E C I F I E D S Y S T E M S , C O N V IC T S E M
P L O Y E D O N SU C H GOODS, A N D A M O U N T R E C E IV E D FO R L A B O R
O F C O N V I C T S , B Y I N S T I T U T I O N A N D B Y I N D U S T R Y — Contd.
New Jersey—State prison—Trenton
Value of goods or produce sold
Aver Value of
goods
age
num
used
System under which produced
ber
of con
under
victs
Total
em State-use Public
Piece
Contract
ployed system account
price
Industry
Baking, commercial_______
Clothing:
Garment making, unclassified
Tailoring
Farm, garden, dairy, and live
stock__
Linens, etc., making and
mending
Printing
Repair and shop work, mis
cellaneous
Shoemaking__ ______
Shoe repairing____________
Tags, automobile_________
Total
4
$14,654
2
0
2,171
11,190
146
26,639
1
62
1,123
61,821
26
33
18
40
13,132
57,211
12,904
97,369
340
298,014
$390
$390
390
390
New Mexico—State penitentiary—Santa Fe
Brick and tile
Lim e
____
_____ _
Total............................
173
7
$30,939
1,835
$30,939
1,836
.180
32,774
32,774
New York—State training school—Albion
Farm, garden, dairy, and live
stock________ ________ _
Linens, etc., making and
mending
Total
15
$8,146
24
3,440
39
11,686
New York—State prison for women—Auburn
Farm, garden, dairy, and live
stock_________________
Linens, etc., making and
mending______________
Mattresses, cotton, and up
holstering___ __________
9
$600
29
4,362
4
2,758
Total______ „_______
42
7,620
New York—State prison—Auburn
Baskets, willow__________
Brooms_________________
Clothing: Tailoring...............
Farm, garden, dairy, and live
stock....................................
Furniture, wood and iron__
Linens, etc., making and
mending..............................
Repair and shop work, mis
cellaneous _
Shoemaking______ ___________
Tags, automobile..................
Textiles__ ___ _____ ____
Total.
____________
21
60
38
$6,517
18,423
12,732
16
246
20,927
210,382
1
363
59
7
83
172
13,769
2,373
198,740
163,745
703
647,971
Amount
paid
institu
tion for
labor of
con
victs
GENERAL TABLES
T able C .— V A L U E OF
W ERE PRODUCED
P L O Y E D O N SUCH
O F C O N V IC T S , B Y
85
C O N S U M P T IO N G O O D S U S E D O R SO LD T H A T
U N D E R S P E C I F I E D S Y S T E M S , C O N V IC T S E M
GOODS, A N D A M O U N T R E C E IV E D FO R L A B O R
I N S T I T U T I O N A N D B Y I N D U S T R Y — Contd.
New York—Reformatory for women—Bedford
Value of goods or produce sold
Aver Value of
age
goods
num
used
ber
pro
System under which produced
of con duced
victs
under
Total
em State-use Public
Piece
Contract
ployed system account
price
Industry
Farm, garden, dairy, and live
stock....................................
Linens, etc., making and
mending___ ___________
60
$9,595
56
7,871
Total............................
116
17,466
Amount
paid
institu
tion for
labor of
con
victs
New York—Great Meadow prison—Comstock
Clothing: Tailoring...............
Crushed stone........................
Farm, garden, dairy, and
livestock__ ____ _______
Hosiery____ ____________
Mats, coir and chain______
Shoemaking_____________
Shoe repairing____ . . . ____
24
25
$19,048
5,074
36
60
7
5
22,351
423
6,662
1,676
1,000
Total............................
158
56,234
1
New York—Clinton prison—Dannemora
Clothing:
Garment making, unclas
sified______________
Tailoring.........................
Farm, garden, dairy, and
livestock______________
Linens, etc., making and
mending______________
Repair and shop work, mis
cellaneous__ ______ _ _
Textiles
_
__
Total.............................
8
37
$11,280
52,174
11
16,150
7
10,614
27
350
14,977
157,232
440
262,427
New York—State reformatory—Ilmira '
5
$1,033
7
17
2
2,886
6,964
29,040
24
19,594
11
33
4,377
7,483
__
73
30
23
3,233
5,204
612
Total _ __________
225
80,126
Brooms and brushes
Clothing:
Garment making, unclas
sified_____________
Tailoring
__ _ _ __ _
Coffee roasting
Farm, garden, dairy, and live
stock. ________________
Linens, etc., making and
mending______________
Printing
Repair and shop work, mis
cellaneous
Rhoemaking
Soap making
__
i
$178
$178
178
178
CONVICT IABOE IN 1923
86
T a b l e CL— V A L U E O F
W ER E PRODUCED
PLO YED ON SUCH
O F C O N V IC T S , B Y
C O N S U M P T IO N G O O D S U S E D O R SO LD T H A T
U N D E R S P E C IF IE D SY S T E M S , C O N V IC T S E M
GOODS, A N D A M O U N T R E C E IV E D FO R L A B O R
I N S T I T U T I O N A N D B Y I N D U S T R Y — Contd.
New Y«a&-~*lfi0tit«tl0ii for defective M B ? n«nfe-N apan och
Aver
age .
num
ber
of con
victs
em
ployed.
Industry
Farm, garden, dairy, and liveRt.nn.ir ......
...............
Linens, etc., making and
Value of goods or produce sold
Value of
goods
used
pro
System under which produced
duced
under
Total
State-use Public
Piece , Contract
system account
price
36
$6,768
•fiheemaking- ___________
41
10
15,649
2,829
Total______________
87
25,246
mending
_ _
__
New York—Sing Sing prison—Ossining
Brooms
brushes r _
Clothing: Tailoring_______
Hosiery arid underwear
Linens, etc., making and
TTifmding
Mattresses, cotton, and
holstery
Printing
_
Up
_
Sheet-metal work_________
fihnemalring
Total
_.
.
_
_
____________
26
22
171
$21,523
40,029
263,444
4
6,844
20
22
74
94
•16,784
13,672
47,958
108,884
433
519,138
North Carolina—State prison—Raleigh
Clothing:
Garment making, unclas
sified _
Overalls and jumpers___
Shirts
Farm, garden, dairy, and live
stock _
.
. ____
Repair and shop work, mis
cellaneous.. _____ _______
Tags, automobile; signs for
highway commission_____
Total _
_
^
17.
18
12
$4,500
4, BOO
2,214
320
100,864
6
3,000
3
5,280
376
120,658
$62,399
$62,399
62,399
62,399
North Dakota—State penitentiary—(Grove) Bismarck
Brick.-.................... ..............
Faria, garden, dairy, and live
stock......................... ........
Twine and rope.....................
Total.
$3,796
$3,796
36
83
3
$23,749
1,343
1,343
332,635
122
23,749
337,724
337,734
Amount
paid
institu
tion for
labor of
con
victs
GENERAL TABLES
87
T able C . — V A L U E O F C O N S U M P T I O N G O O D S U S E D O R S O L D T H A T
W E R E P R O D U C E D U N D E R S P E C I F I E D S Y S T E M S , C O N V IC T S E M
P L O Y E D O N S U C H GOODS, A N D A M O U N T R E C E IV E D FO R L A B O R
O F C O N V IC T S , B Y I N S T I T U T I O N A N D B Y I N D U S T R Y — Contd.
Ohio—State penitentiary (including State farm at London and State brick plant)—Columbus
Value of goods or produce sold
Aver Value of
goods
age
used
num
System under which produced
pro
ber
of con duced
under
victs
Total
em State-use Public
Piece
Contract
ployed system account
price
Industry
Brick _ _ _______ ______
Clothing: Garment making,
unclassified
_________
Farm, garden, dairy, and live
stock____ _____________
Hosiery and underwear__ Linens, etc., making and
mending
Mattresses, cotton, and up
___
holstery
Printing __ _ _________
Quarrying stone
Repair and shop work, mis
cellaneous
__ __
Shoemaking
fihoe repairing
fioap making
Tags, automobile
Textiles^*
_ _____ ____
Total
Amount
paid
institu
tion for
labor of
con
victs
169 $159,684
39
43,736
291
99
114,882
57,268
8
9,268
24
13
18
10,790
3,848
13,444
|.........
52,230
81
6,261
11
1,128
2
80.870
21
80 ! 109,920
280 ; 104,089
_ __________
. _ __
H
1,139 j 767,422
Ohio—State reformatory—Mansfield
Clothing:
Garment making, unclas
sified
_ _______
Tailoring
Farm, garden, dairy, and
li vestoek
"Furniture, wood
___
Linens, etc., making and
mending
Printing
_
_ _____
Repair and shop work, mis
cellaneous
Shoemaking
Total
_____
5
103
$9,518
202,799
100
227
74,597
108,287
6
65
13,015
28,593
38
68
5,168
58,491
612
500,468
;
Oklahoma—State penitentiary—MeAlester
Brick......................................
Brooms__ _ _ _______ '
Clothing:
Garment making, unclas
sified... ___________
Men’s denim work shirts.
Overalls and jumpers.. . .
Pants, work
Tailoring
Farm, garden, dairy, and
livestock
. . . .
Farm implements, wagons...
Linens, etc., making and
mending _
. _
Mattresses and pillows_____
Repair and shop work, mis
cellaneous
___ _
Phnemaking
Tags, automobile
Twine and mpe
Underwear______ ____
Total______________
Estimated.
80
5
$3,763
1,770
3
430
10
9
15
6,751
4,846
9,605
196
12
56,956
861
20
7
5,079
3,522
7
16
20
90
10
7,389
13,197
41,671
2,001
1,261
930
159,002
$43,258
330
$43,258
i $1,363,014
1 1,363,014
$99,780
!
--- --- !
61.548 I_________
177,527
282,333 1 1,363,014
15Cotton yarn was spun by inmates.
61,548
177,527
• 1, 645,347
• Estimated in part.
99,780
CONVICT LABOR IN 1023
83
T able C .— V A L U E OF C O N S U M P T IO N G O O D S U S E D O R S O L D T H A T
W E R E P R O D U C E D U N D E R S P E C I F I E D S Y S T E M S , C O N V IC T S E M
P L O Y E D O N S U C H GOODS, A N D A M O U N T R E C E IV E D F O R L A B O R
O F C O N V IC T S , B Y I N S T I T U T I O N A N D B Y I N D U S T R Y — Contd.
Oklahoma—State reformatory—Granite
Value of goods or produce sold
Aver Value of
goods
age
num
used
System under which produced
ber
pro
of con duced
victs
under
Total
em State-use Public
Piece
Contract
ployed system account
price
Industry
Clothing: Garment making,
unclassified.........................
Crushed granite................ .
Farm, garden, dairy, and
livestock______________
Khnemaking _ _____
__
Total.............................
21
180
$10,440
$28,187
$28,187
50
8
18,021
2,217
17,508
17,508
259
30,678
45,695
45,695
Amount
paid
institu
tion for
labor of
con
victs
Oregon-State penitentiary—Salem
Brick......................................
Clothing:
Garment making, unclas
sified............. ...............
Tailoring.........................
Farm, garden, dairy, and
livestock.............................
Flax industry_____ ____ __
...............................
Furniture
Linens, etc., making and
mending
_____
Repair and shop work, mis
cellaneous______________
Shoemaking-___ _________
Tntal
15
$1,934
3
6
2,836
7.000
35
35
58
49,652
322
3,310
2
2,800
4
5
5.000
6,150
163
79,004
$9,245
$9,245
30,487
5,318
30,487
5,318
45,050
45,050
Pennsylvania—Industrial reformatory—Huntingdon
Farm, garden, dairy, and
livestock______________
Linens, etc., making and
mending________ ______
Printing.. ........................
Repair and shop work, mis
cellaneous__ ___ _______
Shoemaking.____________
Tags, automobile_________
Total............................
54
$18,000
5
8
2,500
6,000
10
2
90
5,371
1,000
306,396
169
339,267
i
Pennsylvania—Muncy farm (formerly State industrial home)—Muncy
Clothing:
Garment making, unclas
sified______________
Tailoring..........................
Farm, garden, dairy, and
livestock _
_ ____
Linens, etc., making and
mending___ :__________
Tntal
11
1
$542
36
36
9,263
18
888
66
10,729
$524
$524
524
524
m
GENERAL. TABLES
T able C . — V A L U E O F C O N S U M P T IO N G O O D S U S E D O R S O L D T H A T
W E R E P R O D U C E D U N D E R S P E C I F I E D S Y S T E M S , C O N V IC T S E M
P L O Y E D O N SU C H GOODS, A N D A M O U N T R E C E IV E D FO R L A B O R
O F C O N V IC T S , B Y I N S T I T U T I O N A N D B Y I N D U S T R Y — Contd.
Pennsylvania—Penitentiary for eastern district of Pennsylvania—Philadelphia
Value of goods or produce sold
Aver Value of
goods
age
num
used
System under which produced
ber
of con d^ed
victs
under
Total
em State-use Public
Piece
Contract
ployed system account
price
Industry
Hosiery and underwear____
Linens, etc., making and
mending______________
Printing________ _______
Repair and shop work, mis
cellaneous______________
Shnemaking _
Textiles_________________
Tobacco, chewing and smok
ing_______ ___________
Total _____ r______
85
$35,911
21
24
15,000
12,172
6
66
40
3,611
102,107
40,365
6
2,500
248
211,666
Amount
paid
institu
tion for
labor of
con
victs
Pennsylvania—State penitentiary for the western district of Pennsylvania—Pittsburgh
Brooms and brushes_______
Farm, garden, dairy, and
livestock____________ __
Linens, etc., making and
mending______________
Printing________________
Repair and shop work, mis
cellaneous . . ..
TeYf.iles
.......
_
Total
10
$15,060
151
77,144
32
3
58,397
2,000
2
115
1,000
55,551
313
209,152
$11,507
$11,507
11,507
11,507
Rhode Island—State prison and Providence County jail—Howard
Clothing: Men’s work shirts.
Farm, garden, dairy, and
livestock __
__ _____
Printing.. ________ _____
241
40
4
$25,706
2,700
Total............................
285
28,406
i $1,396,264
i $1,396,264
$96,995
*1,396,264
11,396,264
96,995
Rhode Island—Workhouse and house of correction—Howard
Farm, garden, dairy, and
livestock
44
________
$29,149
$4,652
$4,652
South Carolina—Penitentiary—Columbia
Clothing:
Garment making, unclas
sified______________
Overalls and jumpers___
Farm, garden, dairy, and
livestock
Furniture
. . . _____ _
Shoe repairing _
__
Total...........................
20
40
$5,218
7,940
134
249
9
47,814
452
64,572
* Estimated.
3,600
$35,783
23214,370
$35,783
23214,370
250,153
I............
ii
** With selling agent feature.
250,153
CONVICT LABOR IN 1923
90
T a b l e C .— VALUE OF CONSUMPTION GOODS USED OR SOLD THAT
WERE PRODUCED U N D E R SPE C IFIED SYSTEMS, CONVICTS EM
PLOYED ON SUCH GOODS, A N D AMOUNT RECEIVED FOR LABOR
OF CONVICTS, BY IN STITU TIO N A N D BY IN D U ST R Y —Contd.
South Dakota—State penitentiary—Sioux Falls
Value of goods or produce sold
Aver Value of
goods
age
num
used
System under which produced
ber
pro
of con duced
victs
under
Total
em State-use Public
Piece
Contract
ployed system account
price
Industry
Farm, garden, dairy, and
livestock______________
Linen, etc., making and
mAnrlinpf
__________
Shoe repairing
_______
TVine and rope__________
Total______________
115
$39,643
18
4
95
6,099
3,500
232
49,242
Amount
paid
institu
tion for
labor of
con
victs
$9,366.
$9,366
157,901
157,901
167,267
167,267
Tennessee—State penitentiary—Nashville
*
Clothing: Aprons, for house
USA __
.
.
252
Farm, garden, dairy, and
li vestnnlr
58 $132,725
193
Harness, complete sets_____
..... .................Hosiery.........
256
Linens, etc., making and
mending__ ___________
22,160
19
Repair and shop work, mis
11,500
cellaneous______________
3
Shoe repairing______ ____
20 .60,175
Stoves
184
Total.............................
985
226,560
$41,875
i $329,365
i $329,365
$52,080
190,660
374,606
41,875
190,660
374,606
39,138
63,383
564,178
41,875 •1,458,809 —
564,178
89,198
•1,500,684
243,799
Tennessee—Brushy Mountain penitentiary—Petros
Coal mining_____________
Coke making_____________
Repair and shop work, mis
cellaneous______ _______
265
23
86
45,000
Total__________
374
130,702
$184,704
47,996
$85,702 $184,704
47,996
232,760
232,700
Texas—State penitentiary (including prison farms throughout the State)—Huntsville
Farm, garden, dairy, and
livestock............... ..............* 2,878 $200,000 $494,054
Linens, etc., making and
24
mending______ _______
63,037
Repair and shop work, mis
19,067
cellaneous_____________
37
Shoemaking_ _ _____ , , ,
42,657
10
Total
.
_
_
r.
2,749
324,761
$494,054
494,054
494,054
Utah—State prison—Salt Lake City
Clothing:
Shirts, work.....................
Tailoring..........................
Farm, garden, dairy, and
livestock________ _____ _
Linens, etc., making and
mending______
Total.
__________
______ __
i Estimated.
2
$212
1,492
29
7,606
1
481
32
9,791
(8)
$2,086
$2,056
2,056
2,056
1Less than 1.
•Estimated in part.
GENERAL* TABLES
91
T able C .— VALUE OF CONSUMPTION GOODS USED OR SOLD THAT
WERE PRODUCED U N D E R SPEC IFIED SYSTEMS, CONVICTS EM
PLOYED ON SUCH GOODS, A N D AMOUNT RECEIVED FOR LABOR
OF CONVICTS, BY INSTITUTION A ND BY IN D U STR Y —Contd.
Vermont—State prison and house of correction—Rutland
Value of goods or produce sold
Aver Value of
goods
age
num
used*
ber
pro
System under which produced
of con duced
victs
under
Total
em State-use Public
Piece
Contract
ployed system account
price
Industry
Laundry work _
__
17
j Amount
! paid
institu
tion for
labor of
con
victs
$5,679
$5,679
Vermont—State prison department, house of correction for men—Windsor
Farm, garden, dairy, and
livestock.............................
Shoemaking...........................
Total
20
176
$8,265
$2,571
2,571
196
$664,313
$2,571
664,313
$34,349
664,313
666,884
34,349
i $41, 472
129,740
i 285,028
i 6,972
$5, 760
4,032
38,305
864
Virginia—State penitentiary—Richmond
Clothing:
Garment making, un
classified ____________
Overalls_____________
Jumpers_______ _____
Work pants
Work shirts__________
Farm, garden, dairy, and
livestock.... .......................
Furniture__________-____
Printing_______w __ _____
Quarrying limestone____ _
Shoe repairing______ _____
Total.............................
8
20
14
133
3
$8,659
34
48
12
34
1
16,972
307
26,494
1, 463
i $41,472
i 29, 740
1285,028
i 6,972
$28,475
75,615
28,475
75, 615
24,197
24,197
128,287
»363,212
*491,499
48,961
Washington—State penitentiary—Walla Waila
Clothing:
Garment making, un
classified ______ ___ _
Tailoring________ ____
Farm, garden, dairy, and
livestock.,__ ___________
Linens, etc., making and
mending______________
Repair and shop work, mis
cellaneous________ _____
Shopmaking
_ _.
Shoe repairing___________
Soap_____________ _____
Tags, plates, signs, etc_____
Total
11
25
$9,315
20,806
28
24,598
10
8,187
14
25
3
1
66
8,729
12,572
1,229
3,500
37,957
183
126,893
I Estimated.
$3,727
$3,727
_________11________
i
.................. i.................
3,727
3,727
1
•Estimated in part.
j..............
CONVICT LABOR IN 1923
92
T a b l e C .— VALUE OF CONSUMPTION GOODS U SED OR SOLD THAT
W ERE PRODUCED U N D E R SPEC IFIED SYSTEMS, CONVICTS EM
PLOYED ON SUCH GOODS, A N D AM OUNT RECEIVED FOR LABOR
OF CONVICTS, BY INSTITUTION A N D BY IN D U STR Y — Contd.
Washington—State reformatory—Monroe
Value of goods or produce sold
Aver Value of
age
goods
•
num
used
System under which produced
ber
pro
of con duced
victs
under
Total
em State-use Public
Piece
Contract
ployed system account
price
Industry
Brink manufacturing _
Clothing:
Garment making, un
classified _ _ __ __
Tailor shop......................
Farm, garden, dairy, and live
stock . _ _ _
Fnrnitnre. ..
_
Linens, etc., making and
mending______________
Mattresses, cotton, and up
holstery...............................
Printing________________
Repair and shop work, mis
cellaneous______________
Shoe rep airing.........___ _
Tntal _____________
8
$900
4
10
3,265
9,745
73
3
32,162
2,734
3
2,875
$1,176
$1,176
2,599
2,599
3,775
3,775
Amount
paid
institu
tion for
labor of
con
victs
170
3,250
6
2
7,795
1,812
112
64,708
...
.
West Virginia—State penitentiary—Moundsville
$251,000
____
87
W ork p a n t s ___ _
W o rk shirts _ _______
Coal mining__________________
409
469
14
$16,000
46
35,891
20
12
14,567
6,177
11
83
13,000
1,151
85,635
Brooms __
Clothing:
Farm, garden, dairy, and live
stock_________________
Linens, etc., making and
mending
_
_
Printing________________
Repair and shop work, mis
cellaneous _
W h ip s ________________________
Total.............................
$251,000
$18,414
1,229,174 1,229,174
21,035,074 21,035,074
88,466
101,444
$20,504
20,504
20,504
63,200
63,200
17,568
•2,578,448
•2,598,952
225,892
Wisconsin—State reformatory—Green Bay
Brooms
Brick .
T
.
.
..
.
____
Clothing:
Garment making, un
classified___________
Children’s play suits.....
Tailoring..........................
Farm, garden, dairy, and live
stock....................................
Granite cutting, monumental
work____ I____________
Linens, etc., making and
mending______________
T o ta l_____ ___
1Estimated.
2 Less than 1.
24$665
8
1
135
13
10,685
32
19,509
24$55
24169
571
23
1
3,388
205
34,818
24$55
24169
*$1,149,030
*1,149,030
704
704
10,641
10,641
11,569 * 1,149,030
1,160,599
24 Plant not in operation this year; sales made from stock on hand.
• Estimated in part.
-
$61,229
61,229
GENERAL TABLES
93
T a b l e C . — VALUE OF CONSUMPTION GOODS USED OR SOLD THAT
W ERE PRODUCED U N D E R SPEC IFIED SYSTEM S, CONVICTS EMPLOYED ON SUCH GOODS, AND AMOUNT RECEIVED FOR LABOR
OF CONVICTS, BY IN STITU TIO N A N D BY IN D U ST R Y —Contd.
Wisconsin—Industrial home for women—Taycheedah
Value of goods or produce sold
Aver Value of
age
goods
num
used
ber
System under which produced
of con dPr°d
victs
under
1
Total
em State-use Public
Piece
Contract
ployed system account
price
Industry
Clothing:
Garment making and
mending______«,____
Tailoring_____________
Farm, garden, dairy, and live
stock_________________
Linens, etc., making and
mending
1
(3)
11
2,663
$247
4
731
181
Total.............................
16
3,533
428
Amount
paid
institu
tion for
labor of
con
victs
$104
35
$247
•
181
i
428
Wisconsin—State prison—Waupun
Baking, commercial_______
Clothing:
Garment making, un
classified. __________
Tailoring___________
Farm, garden, dairy, and live
stock
__
Hoswry
Laundry__ ____________
Linen, etc., making and
mending____ _______
Printing............ ....................
Quarrying and crushing stone
Repair and shop work, mis
cellaneous_____________
fthn«mqlring
Tags, licenses, etc__ _ __
Twine
__ _ _____
Total............................
$900
(3)
2
10
2,446
3,921
101
320
(3)
2
4
1
56,720
1,677
4,885
3,053
33
33
1
16
12
85
10,050
15,800
60,405
676
28,074
171
474,246
28,074
171
474,246
554
161,433
524,459
$21,935
$21,935
681,446
$681,446
900
681,446
$139,682
1,205,905
139,692
1$1,696,014 ________ !i $1.696.014
1 $42,053
Wyoming—State penitentiary—Rawlins
Clothing: Men’s cotton work
shirts......................... -.......
Farm, garden, dairy, and live
stock....................................
212
Total............................
225
13
1
$7,017
(
7,017 ............... J1 1,696,014
i
11,696,014 1
Wyoming—Industrial institute—Woriand
Farm, garden, dairy, and live
stock...................................
39
1Estimated.
177"— 25f------ 7
$13,294
$1,862
$1,862
* Less than 1.
42,053
CONVICT LABOR IN 1923
94
C .—VALUE OF CONSUM PTION GOODS U SED OR SOLD THAT
W ERE PRODUCED U N D E R SPEC IFIED SYSTEM S, CONVICTS EM
PLOYED ON SUCH GOODS, A N D AM OUNT RECEIVED FOR LABOR
OF CONVICTS, BY IN STITU TIO N A N D B Y IN D U ST R Y — Concld.
T able
United States penitentiary—Atlanta, Ga.
Value of goods or produce sold
Aver Value of
goods
age
num
used
ber
System under which produced
pro
of con duced
victs
under
Total
em State-use Public
Piece
Contract
ployed system account
price
Industry
Clothing:
Garment making, unclas
sified______________
Overalls and jumpers.......
Tailoring-.........................
Farm, garden, dairy, and
livestock_______________
Furniture (wood and iron)
Linens, etc., making and
mending..............................
Repair and shop work, miscel
laneous- _
S h n e m a k in g _
Shoe repairing.........................
Textiles:
Duck, cotton__________
Duck, remnants and
waste.
- Underwear_____________
_
Total.............................
6
6
52
$7,487
7,632
49,091
180
12
73,074
6,935
3
2,677
125
16
7
110,390
20,012
6,335
Amount
paid
institu
tion for
labor of
con
victs
1,631 1,710,437
16
12
12,881
2,066 2,006,951
$16,693
$16,693
16,693
16,693
United States penitentiary—Leavenwort h, Kans.
Tlrlek
__
Brooms and brushes_______
Clothing:
Overalls and jumpers___
Tailoring________ •__ —
Work shirts__________ _
Farm, garden, dairy, and
livestock_______________
Linens, etc., making and
mending_______________
Printing_________________
Repair and shop work, miscel
laneous________________
Shoemaking_____ ________
Shoe repairing........................
Total........... .................
45
6
$9,372
2,396
11
58
8
5,769
29,540
3,905
85
42,896
29
33
14,597
6,369
194
41
31
66,742
21,307
15,994
541
218,887
✓
United States penitentiary-McNeii Island, Wash.
Clothing:
Garment making, unclas
sified______________
Tailoring..........................
Farm, garden, dairy and live
stock__________________
Furniture______ _____ ___
Linens, etc., making and
mending...............................
Repair and shop work, miscel
laneous________________
Sand and gravel unloaded---Shoe repairing____________
Wood cutting and unloading—
Total.............................
*Less than 1,
2
2
$1,677
2,020
33
4
17,987
997
4
4,175
19
<*)
2
28
27,383
495
2,342
24,322
94
81,398
'
t
GENERAL TABLES
95
T a b l e D . — AVERAGE NUM BER OF STATE A N D FEDERAL CONVICTS
EM PLOYED U N D E R PUBLIC WORKS A N D WAYS SYSTEM A ND
VALUE OF CONSTRUCTIONS, BY STATE
Average number of con
victs employed on—
State
Building
construc
tion
264
California:
Folsom______ _________ ______. ________ . . . .
San Quentin_______________ ______ 1...............
Colorado__________________________________
Louisiana * - ______________________________
M aine_______. . . _______________ ________ ____
Maryland:
Baltimore________________________________
Jessups.______ _______ . . ______________ . . .
Michigan:
Ionia
___ ________________________ _ _
Jackson______________ _________________ _
Marquette___ ___ ________ _____________ _
Minnesota__ _________ __. . . . . . . . . ______ _____
Missouri _______ -______ -___________________ Montana__________ -______________________
New Mexico....................................................................
New York:
Auburn___ -_______—_________ ____________
Comstock_______ ________________________
Dannamora __________________ ___
__
North Carolina_______________________________
Oklahnma _•_______________________________
Pennsylvania _ _
_______
Utah
......................................................................
Vermont . . . ___________ ____ ___________ _____
Virginia____-_---------________ -__-______ -___
Washington:
Walla Wall*
,,
.....................
, .
Monroe___ . . . . . . . . . ____-__________________
West Virginia
_
_
_
Wisconsin ____ __ _________ _____________ __
T otal,
State institutions__________________
Kansas:
TTnited S tates p e n it e n t ia r y ........................... .
W ashington: United States penitentiarv___________
T otal,
United States in stitu tio n s________________
Total, ah in stitu tion s
1 Estimate;
__
_ „
-r
.
-
174
317
64
6
677
28
100
63
455
12
Road con
struction
34
185
254
62
757
3,258
Value of—
Building
construc
tion
$1,112,872
130,000
225,000
1165,000
12,000
500.000
30.000
66.000
195.000
353,291
70,000
6
3
153
325
19
9
4
7
15
53
82
191
7
(,)
2
7
3,034
44
13
31
42
4
559
30
550
5
130
5,967
$60,000
240.000
400.000
500.000
2,026,318
5,030,350
«3,179
1,561
57,000
»100,489
32,876
13,940
2,184
20,000
17.000
42.000
«54,360
365,318
775,000
1,500
7,000
26,000
3,373,830
25,975
5,000
44,842
34,852
2,411
1,455,176
8 10,000
1,786,800
5,250
w 196,000
11,827,714
65,056
64,945
729
33
130,001
762
3,796
Road con
struction
5,967
3,503,831
11,827,714
also includes railroad construction, $40,000.
8Headquarters of the convict department at Baton Rouge. Convicts are distributed throughout the
State on prison farms.
3 Construction of levees and grade work.
<Represents what State paid institution and inmates.
»Including some repair work.
* Construction work on Bull Creek Dam.
7Estimate of work on dam in Parleys Canyon.
«Estimated.
8Less than 1.
» Grading and draining roads.
.T a b l e E . — VALUE OF GOODS SOLD IN SIDE AND OUTSIDE OF STATE IN WHICH PRODUCED, BY INSTITUTION
<g
STATE PRISONS
~ ' .... . anr; r ■
jus*................
Value of goods sold under—
Within
State
California:
State prison, San Quentin.
State prison, Folsom__
Total __
Colorado:
State penitentiary
State reformatory__
Total........................
Connecticut:
State reformatory__
State prison.
___
Total
Delaware: New Castle County
workhouse
Florida: State farm__
Georgia: State farm.
Idaho: State penitentiary.
Total..
__
.
Outside
State
Total
Within
State
Outside
State
$837,778 •$4,262,361
1,148
255,891
$837,778
1,148
255,891
Piece price
Total
Within
State
Outside
State
Total
Total
•$4,262,361
Within
State
Outside
State
Total
•$5,100,139
1,148
255,891
•$5,100,139
1,148
255,891
294,788
4,930
294,788
4,930
294,788
4,930
294,788
4,930
299,718
299,718
299,718
299,718
12,960
24,510
12,960
24,510
12,960
24,510
12,960
24,510
37,470
37,470
37,470
37,470
36,748
$1,256
38,004
36,748
1,256
38,004
6,000
41,106
12,195
6,307
6,000
41,106
12,195
6,307
222,335 : $392,806
i $500,000 i $1,808,103 l $2,308,103
$1,256
38,004
36,748
1500,000 i 1,808,103 i 2,308,103
1 500,000 U,808,103 i 2,308,103
>536,748 >1,809,359
>2,346,107
392,806
421,141
41,106
12,195
6,307
2415,141
228,335
41,106
12,195
6,307
60
1,686
110, 017
35,528
87,876
27,764
2,500
60
1,686
137,781
35, 528
90,376
2,500
60
1,686
137,781
35,528
90,376
30,264
265,431
235,167
30,264
265,431
60
1,686
110,017
35, 528
87, 876
27,764
235,167
------ Lj---- u*
CONVICT LABOR IN 1923
Alabama: State prison
Arizona: State prison _
Arkansas: State penitentiary____
Illinois:
Women’s prison__ _
State farm
State penitentiary.
State reformatory
Southern penitentiary. ~
Contract
Public account
State and institution
uiuiana.
Total.....................................
504,418
525,668
719,411.
1,245,079
*854,970
*502,844
*23,834
*86,193
676
107,872
396,546
417,796
322,865
740,661
107,872
396,546
19,559
61,051
676
47,162
261,199
66,721
322,250
676
*4,275
*25,142
*850,695
*477,702
81,286
308,361
389,647
*29,417 *1,328,397 *1,357,814
Total.....................................
Kansas: .
. . State penitentiary
Industrial farm
678,652
168,712
41,440
4,201
1,030,726
282,106
State prison..............................
Iowa:
Men’s reformatory...................
State penitentiary....................
504,418
128.074
41,319
4,201
352.074
168,712
41,440
4,201
526,308
128,074
41,319
4,201
244,202
40,638
121
40,638
121
*897,857
*738,901
*921,691
*825,094
676
* 110,703 *1,636,758. *1,747,461
309,060
1,447
309,060
1,447
309,060
1,447
Total.....................................
Kentucky:
State reformatorv__
State penitentiary....................
?120 ,507
310,507
310,507
310,507
6,063
6,063
96,725 *5,421,590 • 5*518,315
<249,812 *1,067,119 *1,316,931
96,725 c 5,421,590 •5,518,315
<255,875 * 1,067,119 *1,322,994
Total —
Louisiana: State penitentiary _
Maine:
State reformatory for women..
State prison..............................
State reform atory for men.
6,063
294,485
6,063
294,485
<346,537 *6,488,709 *6,835,246
<352,600 *6,488,709 *6,841,309
294,48$
294,485
548
98,740
10,614
32,784
548
131,524
10,614
39,846
160,000
119,539
159,385
•60,000
548
138,586
*70,614
152,323
548
290,909
*70,614
Total-...................................
Maryland:
House of correction..................
State penitentiary__
__
109,902
32,784
142,686
899,846
119,539
*219,385
*209,748
152,323
*362,071
Total................................
2,850
2,850
« 685,191
• 52,191
7 633,000
•492,085 •1,499,147 •1,991,232
*55,041
8688,041
7633,000
• 492,085 •1,499,147 • 1,991,232
2,850
2,850
•544,276 *2,132,147 *2,676,423
*547,126 *2,132,147 *2,679,273
1Estimated.
2Includes $20,674 estimated sold within State.
4Includes $9,491 worth of brooms estimated as to distribution and $27,111 worth of shirts estimated both as to distribution and value.
8Includes $465,068 worth of brooms estimated as to distribution and $515,113 worth of shirts estimated both as to distribution and value.
• $35,683 estimated disposed of within State.
7Estimated disposed of outside State.
8Including shirts and pants estimated at $606,000 and including $14,840 paid by contractor for State road work.
9Includes work shirts estimated at $275,000; shoemaking at $58,000; furniture at $90,000; also $16,362 paid by contractor for State road work and $55,292 for erecting prison build
ings. It is estimated that 20 per cent of clothing amounting to $1,325,524 was disposed of within State and an average of 30 per cent within State and of 5 per cent outside State for
shoe manufacturing.
• Includes $636,048 estimated.
• See notes to details.
CD
«Including work shirts estimated at $1,336,880.
*4
GENERAL TABLES
309,060
1,447
T able
E— VALUE OF GOODS SOLD INSIDE AND OUTSIDE OF STATE IN WHICH PRODUCED, BY INSTITUTION—Con.
c©
STATE PRISONS—Continued
,
#
Within
State
Outside
State
Total
$12,550
8,028
59,157
89, 111
247,728
$1,351
130
24,795
$12,550
8,028
60,508
89,241
272,523
Total_____ _______
416,574
26,276
442,850
1,163,798 1,038,494
Michigan:
State prison..............................
House of correction and branch
prison.......................... . ........
State reformatory__________
Total........
Outside
State
Total
Within
State
Outside
State
$1,036
= = = = = = ========= -------------
1,036
=========
Total
Within
State
Outside
State
Total
$1,036
$12,550
8,028
60,193
89,111
247,728
$1,351
130
24,795
$12,550
8,028
61,544
89,241
272,523
1,036
417,61$
26,276
443,886
2,202,292
1,163,798
1,038,494
2,202,292
283,215
180,258
110,677
1,991
393,892
182,249
283,215
180,258
110,677
1,991
393,892
182,249
1,627,271
1,151,162
2,778,433
1,627,271
1,151,162
2,778,433
Minnesota:
State prison..
Reformatory for men____. . . .
Reformatory for women___
1,886,126
2,367
504
677,806
2,563,932
2*367
504
1,886,126
2,367
504
677,806
2,563,932
2,367
504
Total.... .......... ..................
__
1,888,997
583,042
677,806
2,566,803
583,642
1,888,997
583,642
677,806
2,566,803
583,642
Missouri:
State reformatory.......... ........
State penitentiary_ __
37,610
1,268,035
37,610
1,268,035
Total.....................................
Montana: State prison____ ____
1,305,645
91
1,305,645
91
Mississippi: State penitentiary
l
37,610
1,268,035
37,610
1,268,035
1,305,645
91
1,305,645
91
CONVICT LABOR IN 1923
Massachusetts:
Prison cam p.................... ......
State form.____ __________
State reformatory__________
women’s reformatory__
State prison.............................
Within
State
Total
Piece price
Contract
Public account
State and institution
Value of goods sold under—'
Nebraska:
State penitentiary...........
Reformatory for men___
Reformatory for women..
90,767
5,861
1,136
90,767
5,861
1,136
Total................................
Nevada: State prison................
New Hamsphire: State prison..
97,764
2,267
97,764
2,267
New Jersey:
State prison.........................
Reformatory for men..........
Reformatory for women__
390
166
166
556
32,774
178
556
32,774
178
62,399
337,724
$3,400
$229,600 *>$233,000
946
946
946
946
482,439
482,439
90,767
5,861
1,136
482,439
573,206
5,861
1J36
482,439
482,439
97,764
2,267
3,400
482,439
580,203
2,267
10233,000
390
946
166
1,502
32,774
178
62,399
337,724
229,600
946
166
1,502
32,774
178
Total....................................
New Mexico: State penitentiary - .
New York: State reformatory.......
North Carolina: State prison........
North Dakota: State penitentiary.
337,724
Oklahoma:
State penitentiary..... .............
State reformatory____ _____
227,441
31,397
54,892
14,298
282,333
L1,363,014 j11,363,014
227,441 &1,417,906 *>1,645,347
31,397
14,298
45,695
Total...........................
Oregon: State penitentiary..
258,838
27,484
69,190
17,566
328,028
45,050
U,363,014 , 11,363,014
258,038 *1,432,204 &1,691,042
45,050
27,484
17,566
Total..
11,507
11,507
524
11,507
524
11,507
12,031
12,031
12,031
12,031
Rhode Island:
State prison and Providence
county jail........................... .
Work house and house of cor
rection___ _______*—........
4,652
4,652
Total................................... .
South Carolina: State penitentiary.
South Dakota: State penitentiary.
4,652
250,153
167,267
4,652
250,153
167,267
i Estimated.
11,396,264 11,396,264
io Includes some goods from previous year's production.
11,396,264 11,396,264
4,652
11,396,264 11,396,264
GENERAL TABLES
Pennsylvania:
Muncy farm............................
State penitentiary, western.—.
337,724
4,652
4,652 11,396,264 01,400,916
250,153
250,153 i...................
167,267
.............
167,267
oSee notes to details.
CO
CO
T able
E .—VALUE OF GOODS SOLD INSIDE AND OUTSIDE OF STATE IN WHICH PRODUCED, BY INSTITUTION—Con,
STATE PRISONS— Concluded
o
o
Value of goods sold under—
Within
State
Outside
State
• Total
$41,875
$41,875
232,700
232,700
Texas: State penitentiary______
Utah: State prison____________
274,575
494,054
2,056
274,575
494,054
2,056
Vermont:
State prison and house of cor
rection for men.....................
State prison and house of cor
rection for women __ _
2,571
2,571
5,679
5,679
8,250
98,622
8,250
128,287
T otal
T otal
Virginia: State penitentiary..........
Washington:
State penitentiary_________
State reformatory__________
T otal
West Virginia: State penitentiary.
$29,665
Within
State
Outside
State
Total
Piece price
Total
Within
State
Outside
State
Total
Within
State
Outside
State
Total
”$148,507 ”$1,312,302 » $1,458,809 ” $188,382 **$1,312,302 *$1,500,684
232,700
232,700
” 146,507 ” 1,312,302 * 1,458,809
830
663,483
664,313
” 421,082 ” 1,312,302 » 1,733,384
494,054
494,054
2,056
2,056
3,401
663,483
666,884
663,483
* 365,917
672,563
* 491,499
5,679
i $26,960
i $336,252
i $363,212
830
663,483
664,313
9,080
* 125,582
5,679
1
3,727
3,775
7,502
20,504
3,727
3,775
7,502
20,504 1,229,174 ” 1,349,274 » 2,578,448
3,727
3,775
3,727
3,775
7,502
7,502
1,249,678 ” 1,349,274 ” 2,598,952
CONVICT LABOR IN 1923
Tennessee:
State penitentiary....................
Brushy Mountain peniten
tiary__________________
Contract
Public account
State and institution
Wisconsin:
Industrial home for women—
State prison..............................
State reformatory....................
428
327,143
11,387
197,316
182
428
524,459
11,569
7,791
673,655
681,446
Total.....................................
338,958
197,498
536,456
7,791
673,655
681,446
Wyoming:
Industrial in stitu te
State penitentiary_________
1,862
1,862
159,929 11,089,101 l i, 5.49,030
428
428
334,934
870,971 1,205,905
* 71,316 *1,089,283 *1,160,599
159,929 11,089,101 1,1,149,030
*406,678 *1,960,254 *2,366,932
11,696,014 11,696,014
1,862
1,696,014
1,862
1,696,014
TVital
1,862
1,862
11,696,014 11,696,014
1,862 1,696,014 1,697,876
Total, State prisons............. 11,315,107 2,864,693 14,179,800 3 6,543,626 3 11,721,982 * 18,265,608 * 845,591 * 11,535,663 * 12,381,254 * 18,704,324 *26,122,338 *44,826,662
FEDERAL PENITENTIARY
1Estimated*
11Including $23,936, estimated.
1
1
$16,693
£
$16,693
Grand total,......................... 11,331,800 $2,864,693
[ $16,693
$16,693
$6,543,626 $11,721,982 $18,265,608 $845,591 $11,535,663 $12,381,254 18,721,017 $26,122,338 44,843,355
12Including $329,365, estimated.
13Including work shirts estimated at $1,035,074.
*See notes to details.
GENERAL TABLES
Georgia: Atlanta penitentiary___
O
CONVICT LABOR IN 1923
102
T a ble F . — A V E R A G E N U M B E R O F C O N V IC T S O F E A C H S E X
P L O Y E D A T P R O D U C T IV E LA B O R , B Y IN S T IT U T IO N
EM
Average number of convicts
Females
Males
State and institution
Total
Alabama: State prisons............................. .
Arizona: State prison..................................
Arkansas: State penitentiary.....................
California:
State prison at Folsom........................ .
State prison at San Quentin............... .
Colorado:
State penitentiary............................... .
State reformatory.................................
Connecticut:
State reformatory-...............................
State farm for women,.........................
State prison.........................................
Delaware: Newcastle County workhouse.
District of Columbia:
District reformatory............................
District workhouse..............................
Florida: State farm....................................
Georgia: State farm...................................
Idaho: State penitentiary.........................
Illinois:
State farm.........................-.................
State penitentiary...............................
State reformatory................................
Women’s prison......................... -.......
Southern penitentiary.........................
Indiana:
State reformatory................................
State farm......................... -................
Women’s prison..................................
State prison.........................................
Iowa:
Men’s reformatory...............................
State penitentiary...............................
Women’s reformatory................. ........
Kansas:
State penitentiary...............................
State industrial farm............ .............
Kentucky:
State reformatory...................... .........
State penitentiary...............................
Louisiana: State penitentiary...................
Maine:
State prison.........................................
State reformatory for men..................
State reformatory for women..............
Maryland:
House of correction.............................
State penitentiary...............................
Massachusetts:
State prison.........................................
State reformatory................................
Prison camp........................................
State farm...........................................
Women’s reformatory.........................
Michigan:
State reformatory................................
State prison.........................................
State branch prison................ -..........
Minnesota:
State prison....................................... .
State reformatory for men................. .
State reformatory for women............ .
Mississippi: State penitentiary............... .
Missouri:
State penitentiary...............................
State reformatory-............................. .
Montana: State prison............................ .
Nebraska:
State penitentiary...............................
State reformatory for men................. .
State reformatory for women............ .
Em
ployed
at pro
ductive
labor
Total,
both
Em
ployed
at pro
ductive
labor
Total
2,-853
380
1,292
2,475
56
1,050
135
3
3
2,581
1,211
817
1,724
49
2,630
758
209
643
152
36
794
209
78
1,211
272
143
554
320
364
237
80
10
30
21
199
314
1,371
3,637
277
92
127
990
3i 594
42
26
55
185
3
1
38
104
47
1,961
38
lv33d
1,211
j...
918
524
277
317
1,409
718
916
827
756
571
1,094
782
1,491
552
1,553
1,272
423
1,105
194
71
183
47
510
8
199
340
1,420
3,822
280
42
9 '
.
1
805
1,211
42
1,189
918
524
95
1,409
95
57
108
73
916
827
108
131
99
1,094
131
43
5
1,491
552
1,596
1
J
72
48
57
2
24
580
576
114
442
404
315
40
151
1,092
1,807
482
662
1,148
300
921
533
231
1,514
1,227
34
58
2,131
631
337
1,510
66
187
272
80
564
350
47
1,961
!
1,189
2,988
383
1,295
3
56
196
56
195
71
72
567
928
580
576
114
498
196
1,092
1,807
482
15
25
921
533
34
1,572
2,-197
631
340
3
11
11
25
19
187
25
GENERAL. TABLES
103
T a b l e F . — A V E R A G E N U M B E R O P C O N V IC T S O P E A C H S E X E M
P L O Y E D A T P R O D U C T I V E L A B O R , B Y I N S T I T U T I O N — Concluded
Average number of convicts
Males
State and institution
Total
Nevada: State prison.....................................
New Hampshire: State prison.......................
New Jersey:
State reformatory for men.......................
State reformatory for women...................
State prison....... .................................—
New Mexico: State penitentiary....................
New York:
State training school.................................
State prison..............................................
State prison for women............................
Clinton prison..........................................
Great Meadow prison..............................
Institution for defective delinquents.......
State reformatory for women...................
State reformatory.....................................
Sing Sing prison.......................................
North Carolina: State prison.........................
North Dakota: State penitentiary.................
Ohio:
State penitentiary....................................
State reformatory-....................................
Oklahoma:
State penitentiary....................................
State reformatory.....................................
Oregon: State penitentiary............................
Pennsylvania:
Muncy farms............................................
Eastern penitentiary................................
Western penitentiary...............................
State industrial reformatory....................
Rhode Island:
State prison and Providence County jail.
Workhouse and house of correction.........
South Carolina: State penitentiary...............
South Dakota: State penitentiary.................
State penitentiary.....................................
Brusby Mountain penitentiary....................
Texas: State penitentiary................................
Utah: State prison.........................................
Vermont:
State prison and house of correction for women.
State prison and house of correction for men—
Virginia: State penitentiary.............................
Washington:
State penitentiary.....................................
State reformatory......................................
West Virginia: State penitentiary......................
Wisconsin:
State industrial home for women..................
State prison............................................
State reformatory for men...........................
Wyoming:
State industrial institute.............................
State penitentiary.................................... .
Total.
146
135
Females
Employed
at pro
ductive
labor
30
100
400
111
1,296
394
340
193
1,304
741
1,381
657
390
497
215
87
995
1,226
1,070
217
225
433
935
2,671
1,457
1,139
612
1,500
512
422
991
259
163
1,646
1,870
$90
234
504
169
437
57
453
301
44
373
224
1,184
464
3,407
186
985
374
2,729
317
1,383
226
818
702
377
1,580
183
119
1,231
779
338
561
205
55
344
39
225
76,293
47,063
122
Employed
at pro
ductive
labor
Total
1
3
15
5
Total,
both
sexes
147
138
52
400
1, Oil
399
199
39
97
42
263
116
32
3
199
1,304
97
1,381
657
390
283
995
1,226
1,102
220
2,671
1,457
39
21
1,539
512
424
75
55
66
14
75
1,701
1,870
690
50
26
84
8
79
8
2
487
83
637
309
43
1,227
464
3,474
183
27
27
317
1,439
717
377
1,645
41
30
16
41
809
333
55
344
3,057
1,273
79,350
FEDERAL PENITENTIARIES
Georgia: United States penitentiary.....
Kansas: United States penitentiary......
Washington: United States penitentiary.
Total.....................................
Grand total.
2,479
2,454
478
2,066
1,270
127
5,411 (
3,463
81,704
50,526
2,479
2,454
478
3,057
I............
5,411
1,273
84,761
C O M P E T IT IO N
O F
P R IS O N -M A D E
G O O D S
105
COMPETITION OF PRISON-MADE GOODS
INTRODUCTION
W ith labor conditions so materially different in prison factories
as compared with factories employing free labor it is evident that
conflicts must arise when the products of these two types of factories
meet in competition in the open market.
A study of the industrial side of convict labor would be incomplete
without a consideration of this competition. An opportunity,
therefore, was given free-labor employers meeting competition with
convict-labor goods to present such evidence as they desired to give
concerning the effect of competition on their sales. The evidence
submitted is ex parte and in part circumstantial, but it expresses the
sentiment of free-labor employers.
An outside manufacturer selling his goods in competition with
the goods of other outside manufacturers and with convict-made
goods as well, may see his business shrinking and he may realize
that convict goods are underselling his goods. A mathematical
measure of his loss actually due to competition with convict goods is,
however, difficult of measurement because of the other factors that
may affect the market, including possibly his own lack of manage
ment or his own business judgment. The evidence here given b y
free-labor employers, however, is worthy of careful consideration by
legislators and boards and wardens responsible for the administra
tion of prison labor.
The great cause of complaint is that prison contractors get their
labor cheaper than free-labor employers do and because of this
lower item of production cost the prison contractors can and do
undersell them. Further, it is charged that contractors get shoproom, power, heat and light free or at a nominal cost.
No inquiry was made as to whether prison boards and wardens
asked for competitive bids for the labor of convicts, or whether
the contract made with a contractor was one of more or less private
noncompetitive negotiations. A rather peculiar thing in this connec
tion is that certain prisons contracting the labor of their convicts
neither state clearly or frankly in their published reports the fact
that there is a contract nor show the number of convicts under
contract, or the day rate or the piece rate.
Another complaint is that the State itself under the public-account
system may produce goods and sell them under terms of ruinous
competition. The State has the prisoners and if the prison industries
do not support the prisoners then the taxpayers must. The prison
can thus make and sell goods without having to pay a free labor
wage and the prison must do business regardless o f selling price, for
the convicts must be kept at work. Some taxpayers become incensed
when they see the State using their taxes to maintain a penal institu
tion with a manufacturing plant therein that demoralizes or destroys
107
C O NVICT LABOR I N
108
1923
the taxpayers* trade. On the other hand some industries, as; for
instance, tne manufacture of binder twines, are conducted by prisons
because of the insistent demand of large groups of taxpayers.
A third complaint is that convict labor may be concentrated, not
only on a particular .article but on a particular kind of article, to
such an extent that the prison article completely dominates the
market. Were convict labor limited to the production of articles
in which prices are governed by a world market, like wheat or cot
ton, there undoubtedly would be no complaint of convict-labor
competition. I t is not the matter of volume that counts so much
in competition as the specialization on the particular type of article.
This section of the present report contains the statements given
to agents of the bureau by typical free-labor manufacturers. I t was
not feasible, of course, to cover all industries, nor to interview all
manufacturers in any one industry. I t is believed* that sufficient
evidence is presented to show the frame of mind of all the manu
facturers who in their sales have to meet convict-labor competition.
Statements are here given by manufacturers of the following
articles:
Bungalow aprons and women’s house dresses.
Work shirts and overalls.
Binder twines.
Boots and shoes.
Stoves.
Hollow ware.
Fiber furniture.
Wooden chairs.
Brooms.
EFFECT OF THE MARKETING OF PRISON-MADE GARMENTS
ON COMPETING PRODUCERS
BUNGALOW
APRONS
AND
W O M E N ’S H O U S E
DRESSES
The free-labor manufacturers of women’s bungalow aprons and
low-priced house dresses agree that the conditions resulting from
recent methods of marketing prison products in their line have
disrupted the industry. The chief cause of complaint, even more than
the low figure at which the prison goods are sold, is the selling policy,
recently adopted, of selling goods on consignment with the option
of returning all unbroken packages remaining unsold and of paying
the expenses of advertising sales held by local dealers.
A quotation is here given of excerpts from an advertisement of one
of the convict employing companies:
SAM PLE DO ZEN SE N T O N REQUEST
W e noli be glad to send you a sample dozen “ --------------- ” dresses, on request,
for examination. You can put them on sale if you like, remitting us after they
are sold, or you can return them after inspection, at our expense.
W E C O O PER ATE TO T H E L IM IT
W e will do anything within reason to assist a merchant in making big sales of
“ --------------- ” apron dresses and to aid in keeping the line active and moving.
This is the largest company in the business; the leader in volume, styles,
quality, price, and dealer cooperation.
COMPETITION OF PRISON-MADE GOODS
109
S P E C IA L A D V E R T I S I N G O F F E R
To encourage and increase your local demand we have prepared, in connection
with our 1924 merchandising plan, a comprehensive free advertising offer. This
gives you powerful advertising in your local newspaper. Details of this will be
explained when we hear from you.
In 1923 over 6,000,000 “ ----------------” apron dresses were sold in 600 cities.
M ost of these cities were over 25,000 population. They were not offered in
smaller cities because we could not make enough to meet the demand.
This policy, making possible a big display on special sales without
risk of loss to the retailer, has proved very attractive to the retail
merchants. The manufacturers claim that the price at which prison
goods are sold has forced the market value of their product down so
low that their margin of profit at best can barely support their plants
on old business methods and that meeting such methods with the
same or similar inducements is impossible.
The statement was made by a manufacturer not directly affected
b y prison competition, because his product is of sufficiently higher
grade that it is not in actual competition, that merchants are
usually willing to sell and are selling aprons without profit in these
large sales because of the advertising value, since they are relieved
in whole or in part from the cost of advertising and protected from
loss in case of failure of the sale. This means an additional item taken
off the final cost to the consumer which depreciates the standard of
value on the goods beyond the item of difference between free and
prison labor.
A number of factories were visited which produce a grade of goods
not in direct competition with prison-made goods, but these manufac
turers uniformly complain that the artificially low price of the “ low
end” stuff forces the market value of the better grade goods below
normal.
An Illinois producer gave the history of prison competition in these
goods as follows:
In 1915 or 1916 the penitentiary at Nashville, Tenn., was making women*
aprons on contract. The output was sold rather spasmodically without any
definite selling policy. Although the prison output was larger than that of
any one private manufacturer, what was sold made very little difference. The
prison contractors had never concentrated on stylish garments. While the
prison-made goods were cheaper, the private manufacturer produced more
attractive merchandise, and only such communities as were willing to overlook
the style feature took the prison-made goods. About 1920 the man then holding
the prison contract retired from business and the contract was taken over by the
concern now holding it, which had had experience only in work shirts where no
style was required. They had no selling policy and thought if their goods were
cheap enough they would sell. By the terms of their contract they must take
the output each week whether they could dispose of it or not. They were
required to furnish the prison with sufficient material to keep their machines
going. These goods can not be sold as quickly as they can be made. Within
a month they had a stock of unsold merchandise. They found that, regardless
of price, their goods had to be sold in order to show a profit. In the late spring
of 1922 they adopted their present selling policy, which has had such tremendous
success that it has aroused every private manufacturer and attracted the atten
tion of every retailer. They proposed to set the retail price, advertise for the
retailer in the local papers, and accept return of all unsold goods still in the
original package. Since then, they have taken other prison contracts and
greatly enlarged their facilities. W ith their low cost of labor and overhead
they can produce goods to be sold at less than a dollar at retail, bear the expense
of such selling methods, and still realize a much larger profit than the private
producer would realize on his goods if retailed at $1.50 or $2 per garment.
177°— 25t----- 8
110
CONVICT LABUR
US
1923
I t has been impossible to arrive at any sound estimate of the
percentage which prison production bears to the total output. A
representative of a cotton mill producing piece goods of the qualities
used in these aprons estimated it at less than 5 per cent. H e stated
that the output of his mill alone was 360,000,000 yards a year, and1
of that production 40 per cent was used in the manufacture of aprons
and dresses. H e stated that from what he knew of the total capacity
in machines of the chief prison contractor producing these goods
they could not use more than 10,000,000 yards a year. As this
contractor has refused to give the necessary information, it has not
been possible to verify this statement. This informant claimed
that it is the methods of selling the prison-made goods rather than
the quantity of production which has so seriously affected the indus
try. H e stated that these selling methods were adopted in 1920
when business conditions were so bad that no one was selling any
thing, and the prison contractors, obliged to operate at full speed
under the terms of their contract, piled up so large a stock that it
was necessary to work out their present selling pohcy in order to get
rid of goods on hand.
The manufacturers state that the prison aprons are sold to only
one large retailer in a town for sale purposes. A spectacular sale is
held at a price often below private manufacturing cost and a standard
of value is established in the community which makes it impossible
for the private manufacturer to sell at a profit. The sale prices on
the prison goods vary from 68 cents to 98 cents per garment. The
prison-made apron, which is apparently the most popular, is sold at
wholesale for about $7.50 a dozen.
The large diversity of styles produced in a small apron plant
makes definite statements of cost of production to the private manu
facturer very difficult. Values of materials and amount of work
expended differ greatly. Following are typical cost figures per
dozen given by five manufacturers on “ low end,K aprons most
directly affected by prison competition:
Cloth, $5; rickrack, 30 cents; thread, 12 cents; 75 cents for making, 15 cents
for marrowing, 15 cents for cutting, 15 cents for pressing and folding, IQ cents
for hemming, $1.68 for overhead and selling; total, $8.40.
Materials, $5.28; sewing, 95 cents; overhead, $1.45; selling, 60 cents; total,
$8.28.
Cloth, $4.50; trimming, 85 cents; sewing, $1.25; overhead, $1.05; selling, 56
cents; total, $8.21.
Materials, $5.18; sewing, 80 cents; overhead, $1.22; total, $7.20.
Cloth, $4.50; thread, 15 cents; binding, 30 cents; buttons, 10 cents; cutting,
15 cents; sewing, $1; overhead, $1; selling, 85 cents; total, $8.05.
One manufacturer giving the above cost complained that, while
on their face his cost figures would allow him a 45-cent profit on
goods selling at $8.50 a dozen, there were other things entering into
the equation which reduced his profits below the 45 cents which,
standing alone, he considered would be adequate. He stated:
Under our minimum wage laws we must pay a beginner $9 a week. She earns
about $4 the first week. Instead of the $1 we figure for labor cost, her work has
cost us $1.50. It takes four weeks before she earns what she is paid and she
never makes up the difference because she goes onto pieee rates and is paid for
w hat she does. T he prisons have no labor laws and under their contracts the
amount the contractor pays is reduced in proportion if the output does not
measure up to the contract terms. Another disadvantage, both to the manu
facturer and the worker, lies in the fact that plants can not be operated through-
COMPETITION OF PRISON-MADE GOODS
111
aut the year, because the cheap prison-made goods monopolize the easy market.
In the fall of the year manufacturers in this line are not so busy as in the spring.
Formerly, in order to keep their organization going, they made up spring goods
in the fall and winter and kept them in stock because there was no trouble in
disposing of them in the spring. N o w instead of producing 12 months in the
year, the operators are laid off m the fall.
Commenting on the methods used by various manufacturers as
a result of the marketing of prison-made aprons in that vicinity, he
said:
A few local manufacturers have tried to meet the situation by offering the
same inducements to purchasers as are being offered by the prison contractors.
B y virtue of the prison contractors1 policy of selling only one store in a town,
they have been able to enlist some large stores and hold some successful sales,
but they can not sell on the same terms and give the same value. If the private
manufacturer sells goods at $1, he can only give a dollar value, while the prison
contractor sells at $1 and can and does give a $1.50 value, and a false standard
is established.
The statements of several of the manufacturers to whom he re
ferred follow:
B y selling goods on consignment, the prison contractors have forced us to do
the same. W e have not been doing it long enough to say what the effect will
be, but prison labor has been producing in large quantities, and in order to meet
their price w e have all had to increase production, with the result that at present
the market is flooded with unsalable merchandise.
A second Illinois manufacturer who had tried to speed up his
production said:
It is only in the past two years that we have felt the effect of prison competition
keenly. W e have attempted to meet it by increasing our production and ex
panding our selling activities. In the last six months we have increased our
production 100 per cent in the hope of enlarging enough that a very small margin
of profit would serve. If we kept our goods equal in value to that marketed by
the prison contractors we would have to retail each garment at $1.25, while they
have been selling theirs at 96 cents and are reducing to 86 cents. A t present
we are selling our goods at cost to keep from going out of business, in the hope
that buying will soon open up. If not, we will have to quit.
W e aim to even up the value on each style of apron. In one case a better
material is used but less work is put on the garment. W hen poorer material or
less trimming is used, more work is done. So there is no definite standard on
cost of materials or labor cost, but an average on 24 styles would be $6.57 per
dozen for work and materials on goods selling at $8.75 a dozen. This would
usually be $5 on cloth, 57 cents on trimming, and $1 on labor. Our average
overhead is $1.49 on the dozen; we pay salesmen 44 cents commission and sell
at 17 cents discount— a total of $8.67. That leaves a profit of 8 cents on the
dozen. W e do about $750,000 business a year, but have no record of actual
production in dozens.
W e have been in business 23 years, doing business on the same basis as others
in our line, making various grades of goods and counting on a fair profit per
garment. W e are now doing business in a different way. This year we are
limiting ourselves to goods selling at $8.75 to $12. a dozen. Just now things are
very bad with us, but in the last two months our salesmen tell us they are being
asked whether our goods are prison made, and buyers say they will not take
prison goods. W e are hanging on, hoping something will happen to oust prison
production. B y buying on a big scale w e can sometimes get an advantage over
market price on materials, and that helps.
The New York salesman for the same concern gave his estimate
of the situation as follows:
Our minimum price on bungalow aprons is about one-third higher than the
prison-made goods. W e can compete with them only because they do not
produce enough to supply the market and then only by selling as close as possible
to their price on a small margin of profit. It is within the last year and a half
we have felt prison competition most directly ? because since then the. contractors
have been selling directly to the retail trade instead of to jobbers, and our sales
112
CONVICT LABOR IN 1923
are directly to retailers. The prison-made goods are a better product than ours
and sell at a lower price. The only reason we have been able to increase our
trade and make a profit is that we have concentrated on the one article, expanded
territory and sales force, and worked hard to increase our volume of business.
I f we operated on a small scale our sales would soon drop to next to nothing. A
large production, buying in large quantities, and reducing cost per garment to
a minimum, on a small profit per garment, is the only w ay this competition can
be met. Only large concerns will be able to hold out against it. The prison
contractors can not supply the whole country and we have only such market as
they do not supply. As they take on new contracts and increase production
the situation will become worse. They make their price and book up for deliveries
in certain months. W e are compelled to follow after and book up what they
leave out. In many cases we are compelled to accept the lower rated people in
the town where they have made contracts. In the last year there has been a
large demand for aprons and we have been able to expand on that account. I f
the demand drops off to any great extent there will be very little business left
for us or for others like us.
Another Illinois producer in the vicinity said that in the first years
of the operation of his factory, from 1917 to 1920, he had operated
full time at a higher rate of profit than he had received since. Up to
last M ay they averaged 1,200 dozen aprons a week.
In the last two years, since the prison goods have been sold directly to the
retail trade, we have had to take a smaller rate of profit and to close down at
various times. The first several years that the prison contractors were producing
this class of goods they sold to jobbers who sold at market prices, so it did not
hurt us, whatever their profits may have been. Last year we had to close down
four weeks in the spring and three weeks in the fall. W e are just making arrange
ments now (August, 1923) to close down for a week as we are stocked up beyond
what we can sell.
This manufacturer gives his average wage to operators as $4.25*
per day, and at the time of making this investigation a sale of his
aprons at 73 cents apiece was being held in a large department store
directly across the street from the store which had introduced the
prison-made aprons in this territory by holding large sales at 77 cents.
Another manufacturer in the
*1 1
*1
1 1
in production a safer method.
for cloth, $1.25 for making, 85 ce
o/
____
and $1.05 for overhead— a total of $8.21 on goods selling at $8.65.
H e states:
The prison contractors* price on these goods is $7.25, and at that they can
afford to sell on consignment, agreeing to take back unsold goods, which we can
not afford to do. W e have been in business 14 years and reached our maximum
growth in 1917 and 1918, when our sales amounted to $600,000 a year. W e
averaged a production of 1,500 dozen a week. Since we have been up against
direct competition with prison-made goods we have had to gradually reduce to a
present production of 750 dozen a week. The prison contractors have recently
been selling goods at 98 cents which it would cost us 98 cents to produce. They
sell only on short time and in large quantities, and that policy leaves for us the
small buyer who must have longer term credit, even though he pays more for his
goods. A s our production decreases our percentage of overhead increases and
makes selling near the prison contractors* price more impractical. W e sell on
90 days* credit while they sell on 30 days. The conditions simply limit us to
long-term buyers. W e are trying to meet the situation by producing a better
garment that will command a higher price, but most people want cheap goods
rather than material or workmanship in such a product as ours. In 1919 we
employed 100 people. W e are now employing 40.
The third expedient of escaping prison competition by working
into a higher line of production has been tried by another northern
Illinois manufacturer:
W e have been forced to go into a higher line. One of the worst elements in the
situation is the difficulty in training girls. W hen we had a large output of lower
COMPETITION OP PRISON-MADE GOODS
113
grade goods we put new hands on them. They could turn out the dresses rapidly,
make better money, and have enough showing in quantity to hold their interest
until they were expert enough to do the fancier garments. N o w we can not
afford to produce enough of this class of merchandise to use for training purposes.
Instead, men are being trained to it in prisons. They can never use this training
after their discharge, as this kind of work is wholly monopolized by women.
A new girl put on the higher grade stuff in the factory can not make more than
one garment a day and then it is not well done and she is under severe nervous
strain. The girls become discouraged and quit and we have it all over again.
W e have girls crjdng around here all the time because they can not handle the
only work we have for them. As we have been forced into making fancier gar
ments, so have other manufacturers, and there is too large an output. The bulk
of sales is in low-priced goods and this over production in fancier makes produces
keen competition in styles. W e have to be constantly producing new styles
and each new style makes additional expense. W e can sell only a few of each
style to each retailer. The large bulk of cheap goods we used to make kept down
the overhead, which under present conditions is continually increasing. W e
have closed one plant with 40 machines, employing 50 girls, where we produced
only the cheap goods. It was closed two years ago and we do not expect to oper
ate it again. Prison labor has shot this industry to pieces.
The largest retailer of prison-made aprons in the general territory
where the above factories are located gave his experience as follows:
W e have been handling sales in bungalow aprons produced by prison labor.
The prison-made goods are excellent in every particular, and the objection to their
sale is by disgruntled manufacturers who can not compete because of the price of
labor. The contractor producing the prison goods can sell cheaper because he
can produce cheaper, but that is competition. I glory in this spunk and admire
the man who could see the value of producing that way. A t our first sale in these
goods we sold at 77 cents garments that were not aprons; they were frocks
that a woman could wear on the street to the butchers' and the grocers', and
we sold 100,000 dozen in the one sale. Later the cost of cotton materials went
up and we sold at 88 cents and 96 cents, and we did not sell so many, which goes
to show that there is a demand for these goods, but that 77 cents is what the
public wants to pay. It is the consumer who benefits.
Another Illinois manufacturer reported:
Our production is 600 dozen a week in all lines of women's house dresses, onethird of it similar to prison-made goods. Four years ago we made aprons on the
basis of producing a good marketable article in accord with the material and style
for each garment and sold them for what they were worth. N o w we must make
garments on the basis of what we can get for them, and we have to skimp material
and reduce the value to conform to the price for which they will sell. Our costs
on the low line of goods are $5 for material, $1 for making, and $1.50 overhead.
An Illinois manufacturer stated that because of prison competition
his production had dropped from 89,450 dozen m 1916 to 46,142
dozen in 1922, and that competition had been felt most in the last
two or three years.
While the manufacturers of Illinois date their serious competition
with prison-made goods back to 1920, most of the Ohio producers
seemed to feel that it is only since the first months of 1923 that they
have been vitally affected. One man stated that:
Sales have been held recently in the large stores here of aprons at a price
affecting the market to such an extent that it is impossible for us to sell at a
price that can be obtained. Where we used to sell 100 dozen of certain numbers
of our aprons we now sell 5 or 10 dozen which are used by retailers as leaders
in connection with sales of prison-made goods. W e formerly depended on these
popular-priced numbers for volume production which made it possible to pro
duce our other lines at a marketable figure. In the first seven months of 1920
we made 5,000 dozen of these low-end numbers while in the first seven months
of 1923 we have produced only 4,300 dozen and are now overstocked. This is
in face of the fact that we have produced and sold at a lower price in 1923 with
scarcely enough profit to take care of the overhead. W e have been enlarging on
Our children's lines and our fancy black sateen aprons. This pioneering in new
114
CONVICT LAB OB IN 1923
fields, with use of' more expensive materials and with higher standard of design
has* been very expensive. I n the process of transformation we have been forced
to rely on more highly skilled labor to the detriment of th e general labor marketW e feel that if this sort of thing is allowed to continue the general run o f free
labor will b e very materially injured. W e are selling goods at $7.50 a dozen
which we sold for $9 a few years ago.
A second Ohio manufacturer gave his experience as follows:
A year ago w e had two plants running to capacity. N o w we have one plant
running about one-fourth capacity. In this town our line of goods is being
sold fo r less than we can make them, counting sewing and material, not reckon
ing overhead and selling cost. In the bad years of 1913 and 1914 we had no
trouble operating at a profit, but under present conditions we are operating at a
loss. In 1922 we made a net profit of $1,890.94. The first three months of this
year, 1923, we were doing a normal business. About the first of April the prison
contractors began coming into this territory with their selling inducements, and
since then our total losses are $5,778.42. W e closed one plant employing 24
people the middle of June, and in this plant, which normally employs 60 people,
we now have 17. Our output last year was 10,227 dozen, so far this year (August,
1923), 3,876 dozen. W e do not pay on a piece basis, as we have always con
sidered weekly wage rates a fairer basis of payment. Our average weekly wage
to operators is $14.31. Our average cost of production in 1922, exclusive of
materials, was $3.62 per dozen. This year the maintenance of the necessary
overhead on reduced production makes the manufacturing cost, exclusive of
material, $4.46 per dozen. W e pay our salesmen 6J^ per cent. On garments
selling at $12 a dozen 42 yards of material at 17J^ cents cost $7.35. W e figure
on 35 cents profit per dozen but we are unable to sell enough to take care of our
overhead. Since the first of June we have not done enough business to any more
than pay the wages of our employees. Last week we sold $1,200 worth of mer
chandise with a pay roll of $333.50. Of 600 buyers to whom we used to sell
two-thirds of their apron business w e now can sell them less than one-sixth of it
and that mostly in our speeial lines of maternity aprons. W e have a capital
investment of $64,000, in addition to this $40,000 building which we built last
year when we thought we had a flourishing business. W e have an organization
of which we have been proud, but unless we can fight down prison competition
there is nothing left for us to do but quit.
Another Ohio concern stated:
A t first we tried to ignore the prison-made goods, but large sales of prison
aprons were put on here three months ago and the market has been demoralized
for the last 90 days. Garments that would cost us $8 a dozen to manufacture
are retailing here at 79 cents apieee. On our product most nearly similar to the
prison-made aprons, our costs are $5.28 for cloth and trimming, 95 cents labor
cost, $1.45 overhead, and 60 cents for selling, totaling $8.28.
W e sell this article
at $9 a dozen.
W ithin the last 90 days w e have decreased our force 45 per cent. W e have
got to sell whether we make any profit or not, for we have so much material on
hand we can not carry it in stock, and we will have to stand the loss. W e had
been producing 3,000 dozen a month.
W e are now making 1,600 dozen a month.
Our piece rates are on the basis of paying 45 cents an hour. If this sort of
competition does not ease up, we will have to leave here and move into some
country town where we can reduce on labor cost.
A eoncem already operating in a country town near this city
producer reported as follows:
In the past we sold through jobbers, but prison competition has forced us to
sell to the retail trade. Even in a country factory such as this it is impossible to
compete with prison products. Tw o years ago we were making 4,000 dozen a
month in the cheaper goods such as are now being turned out by the prisons,
but we have had to shift our organization and make changes several times in
order to get out of the line they were marketing.
W e have thought seriously of
quitting the women's house-dress business entirely and taking up children^
rompers, or something outside the prison line altogether. On a production of
3,6.00 dozen a month we can. produce an apron for $7.20 a dozen— $5.18 for
material, 80 cents, labor cost, $1.22 overhead* On these we figure a 15-cent profit
and 15-cent discount. B ut as the prisons produce better class garments, they are
COM PETITION OF PRISON-MADE GOODS
115
seriously affecting our sales on garments on which the cloth costs $7.44 a dozen
( 4 2 yards at 1 7 ^ cents); trimmtng, 3M yards of organdie, 70 cents; 65 yards
of binding, 40 cents; thread, 30 cents; labor, 88 cents; overhead, exclusive of
selling, $1.36; selling, 45 cents; boxes, 8 cents; labels, 5 cents— total, $11.65.
W e have lost the trade of a number of large city department stores, and for the
ones who have stayed with us we have had to swing large sales at a loss in order
for them to compete with other local stores holding sales on prison goods. Prison
competition has driven us out of the large cities into small towns, and now the
prison contractors are entering towns down to 10,000 inhabitants. W e have
changed our selling field from the large jobbers and the large department stores
to the chain stores operating in towns of about 10,000.
In northern Ohio a small plant was visited where a few machines
were being operated in the production of women’s street dresses.
Up to four months ago this man had employed 25 women in their
homes making bungalow aprons, producing 75 dozen a week, but
he has discontinued it entirely. Another small place is now oper
ating as a community dyy goods store, with no manufacturing.
Up to two years ago the proprietor had produced his own bungalow
aprons, but his equipment was boxed up in a room behind the store
because he had found that he could buy the finished aprons for less
than his materials had been costing him. H e has kept his machines
in the hope “ that maybe some time business would be b etter” and
he could start manufacturing again.
Another Ohio manufacturer who produces a class of merchandise
enough better than the prison product that only a small portion of
his output is directly affected, considered that the manufacturers
who were attempting to meet prison competition by selling at less
than a fair value on their product were doing the industry more
harm than could be done by prison goods. He stated:
W e feel prison competition most in the large cities. After a big sale is held
on aprons at 88 cents, our customers feel they must buy lower than our price.
W e figure on the basis of 15 per cent profit and we do not reduce our price to make
sales. W e do most of our business with stores that will not handle the prison
product and who want better finished garments. The trouble is that by the
time we have our customers informed that a certain garment is prison made,
the prison contractors change the label. W e sell largely to the chain stores.
W e make 5,000 garments a month. Our girls make as high as $5 a day and
average $3.50. Our piece rates per dozen vary on the several lines we carry
from 77 cents to $1.43. Our cheapest product costs us $8, not counting office
overhead. Materials average $6.42 on the cheaper garments.
The retailer who had introduced the prison-made aprons in his
community said:
W e held one sale on prison-made aprons. The goods were labeled with the
inspector’s number which made them come under the State labeling law and we
told anyone who asked that they were prison-made goods. W e had no interest
in disguising their origin but the local “ better business” association demanded
that we state in our newspaper advertisement that they were prison made. That
we were not willing to do, and so, rather than have trouble about them, we bundled
up all we did not sell on the first sale and sent them back to the manufacturer. It
is our business to serve our customers and our interest to sell to them as cheap
as other local dealers. If other dealers are holding sales at a low figure, we will
sell those same goods to our patrons just as cheap, whether we sell prison-made
goods or not or whether we sell at a profit or not. If prison production is bad,
the only place to stop it is at its source.
A Michigan concern visited, which produces a higher grade of
garment than is made in prisons, made a unique claim of the way
m which prison production has injured them, saying that the re
cent flooding of the market with a cheap garment made of a high
quality of gingham had made gingham unfashionable as a material
11 6
CONVICT LABOK IN 1923
for street and nicer house dress wear. -The low labor cost in prison
production having made possible the use of a material out of all
proportion to the price oi the garment, the standing of gingham
had been lowered and its popularity injured so suddenly that they
had been left with large quantities of gingham street dresses on their
hands with no market for them.
A small producer in the same city stated:
W e used to sell in large quantities and now we are satisfied to go into small
towns where the prison contractors do not go and sell in small lots. This makes
our selling costs higher. T w o years ago we employed 30, and now we employ
15. It used to be a good business but it is not now.
A third manufacturer in this city gave his statement as follows:
W e have a plant of 30 machines. W e should employ 50 girls and give them a
good living all the year round, while now in slack seasons we can do nothing.
For the past two years, when our salesmen go to. the retail stores and quote $9
on aprons they are laughed at. They say they can buy the same thing for $6.50
and $7, and that is less than it costs us to produce them. About a year and a
half ago we discovered where this cheap merchandise comes from. Before that
I wondered what was the matter with our plant. I sat down and figured on mer
chandise. W e were buying that as cheap as we could get it. I went to the
cutter and said he must not be cutting economically. H e laid out his patterns
and showed me. There was not an inch wasted. I cut the wages of the girls
and told them they must make more aprons to make up the difference. They
were making all they could, and they came to me and said they could not live
on the lower rate, and I saw that that was true. Then I learned about the
prison-made goods and I saw what the trouble was.
Under ordinary circumstances our girls make from $18 to $20 a week on the
better-class garments. On the cheap merchandise, if we keep the cost down to
a figure that will make it possible for us to sell the goods, a girl can not make
more than $2 a day. She would have to make 4 dozen aprons a day to make
$3 a day. She must make $17.50 a week to get along. It takes a girl half an
hour to marrow (a seaming process) a dozen aprons, which at 15 cents is less
than $15 a week. There are lots of girls who can’t do higher grade work, who
never become skilled enough to get on to better goods. The incompetent girls
are the victims of the criminals in the prisons. The unskillful girl is simply
out of luck. W e used to use this low-end stuff to keep busy in slack times and
stock up on them. N o w we have to close since we can not stock up in this line
and you can not keep expensive street dresses in stock.
The big stores buy prison goods in large quantities. The downtown stores
here buy them as low as $5.50 a dozen. Then they advertise large sales at
88 cents. W e have to go to the small stores, and when we try to sell at $10.50
they try to beat us down. Then, they can not buy much because the down
town sales draw the trade away from the neighborhood stores.
Percales to-day are 12J^ cents a yard. A t 40 yards for the dozen that is $5
for cloth, 30 cents for rickrack, 12 cents for thread, 75 cents for making, 15 cents
fo r marrowing, 15 cents for cutting, 15 cents for pressing and folding, and 10
cents for hemming, or $6.72 in all. W e figure 25 per cent for overhead and
selling, making a total of $8.40 a dozen. W e pay our salesmen 7J^ per cent,
and I tried to figure that I could cut there, but they can not support their families
on less.
The prison contractors not only have the advantage on labor and overhead
but they buy so much they get all the advantages on buying and shipping, too.
An Indiana manufacturer reported:
Our girls make from $9 to $25 a week. M ost of them have some one besides
themselves to support. Four years ago we were making 7,500 dozen a year,
now we are doing about half of it. W e are trying to go into a higher line of
goods. This spring I made 650 street dresses at $5 apiece. W e could have
sold more in that line, but I had never made street dresses before, and a new
venture and such changes as that cost money. W e had to train our girls into
entirely new work. W e had to slow them down. B ut I felt if prison competition
was going to continue I would have to get out of the apron line entirely and so
I experimented oh street dresses. W hen you find yourself slipping year after
year on the old line you’ve got to find some other way out.
COMPETITION OF PRISON-MADE GOODS
117
W e used to sell to the large department stores in large towns, but the prison
contractors have simply taken over that trade and we have to sell in smaller
towns and peddle about the best we can. I used to do all the selling myself,
go to the large towns and sell to the large stores, but this new way means the
expense of a selling force. If we went into the large cities where we used to go,
we wouldn’t get a dollar’s worth of business. Where wre used to sell in $300
and $400 lots we now sell $75 or $100 worth.
This industry is composed chiefly of small manufacturers like myself. If
some one in the business was large enough, it might be possible to fight prison
competition, but they are all like me— have a little plant into which they have
put all they have, and if they don’t make it go they’re broke, that’s all.
Our costs on aprons most nearly like the prison goods are $5.55 on cloth,
findings 58 cents, boxing and shipping 5 cents, making $1.75, overhead 10 per
cent, a total of $8.72. Our selling price on these goods is $10 a dozen.
A large plant in the same city gave the following statement:
W e are closing this plant and consolidating with the parent organization in
the West, partly as a result of prison competition. This plant has produced
$3,000,000 worth of merchandise annually, one-third of which was in women’s
aprons and wash dresses. If we had a fair chance in this line of goods we could
produce them cheaply enough that they could be marketed about as low as the
prison goods, but the prison contractors’ methods of selling take away our
chance of selling enough to keep our cost of production down. In order to get
the market they do not sell at all. They ship on consignment, while what we
sell we sell outright. Their method relieves the retailer of all risks and is made
possible by their low labor costs. They should be required to pay as much for
their labor as we do and the State get the benefit, then we would have no objection
to prison production. Prison labor has hurt us enough that we can not keep
this plant busy. Five years ago we did a tremendous business in this line but it
has been shot to pieces. W e then averaged 250 operators while now we have
75. Our cheap aprons retailing at 98 cents would cost us $7 to make, but we
are not even competitors in the cheap lines recently because we have been forced
out of it. W e tried, here and there, holding sales for our customers to compete
with merchants handling prison-made goods but we simply lost money on it and
gave it up. The conditions are such that not only the manufacturing but the
selling end is demoralized, for everyone has lost confidence in the industry and
is hopeless concerning its future.
A New York producer was struggling with the problem of fur
nishing his customers with goods for competitive sales at the time
of the interview. He said:
Buyers come in here every day and say “ I must have goods I can sell for a
dollar.” They say they can get the prison goods for that. Last week I shipped
goods to an old customer for a sale at an actual loss, and to-day I am making
a shipment at a loss of $1 on the dozen, and at that I won’t pay the salesman any
commission. But this is an old customer and I must keep her trade. She wants
to hold a sale and I must furnish her with the goods.
I have tried having the goods made up in the country, but you can not get
the cost down enough to meet prison competition. I ’ve started factories in
small towns where there were no other factories, but even there they will not
work cheap enough.
M aybe some large producers can manufacture cheap
enough, and I suppose some do their own sewing and make just enough to live
on.
In the season for sales, January sales and July sales and inventory sales, it is
the hardest. Oftentimes customers who buy prison goods for these sales will
continue buying them for their regular stock and then we lose those accounts.
I have tried making street dresses. I had never made them but wTe have to
do business and find some way to keep busy. It is hard to go into a new venture
and you hate to go out of the line you have been in for years, but we had to do
something. Buyers come in here and want cheap goods. It used to be that
when they said other manufacturers goods were cheaper than ours we could
show them that the garments were skimpy, the skirts were narrow, for with
free labor the manufacturer who undersells the standard price must make up
the difference somehow and he skimps on goods. Then you can talk to your
customers and show them the difference. But the prison goods are just as good.
W hat can you do?
118
CONVICT LABOR IN 1923
A Missouri concern has dropped from a production of 125 dozen
a day for the first three months of 1923 to 60 dozen a day, as the
result; of: local sales on prison goods. They stated that now when
they go to former customers they are told that they are all stocked
up on goods'they have bought at lower prices.
A large Minnesota jobbing house handling general dry goods
stated:
W e made our. own aprons for 20 years— 4,000 to 5,000 dozen a year. Owing
to the conditions in the industry we discontinued manufacture two years ago
and have bought what we need to supply our trade. In an industry that makes
exorbitant profits it might be a very good thing to start prison production, but
in this line, for the same reason the prisons went into it— the ease of produc
tion— competition is always too keen to allow for overcharging.
A similar concern in the same territory who also claimed that
bungalow apron manufacture had become a very unprofitable busi
ness, stated that in 1921 they had made 9,079 dozen and in 1922
only 4,498 dozen. In the first 10 months of 1923 they made 5,073
dozen.
A Colorado manufacturer stated:
W e make about 300 dozen a year of the low-end aprons similar to prisonmade goods, just enough to supply our regular customers on higher lines with
their needs in the cheap goods. It is only about one-tenth of our output, but
the prison-made goods injure our business because when these goods are sold
cheap and the big special sales are held the homes fill up with them and women
who would otherwise buy better class garments are so attracted by the saving
in these aprons that they stock up with them and make them serve. It forces
us continually into higher grade merchandise and smaller quantity sales. On
the low-end stuff we can pay our operators only $8 or $9 a week. A n exception
ally rapid operator can make $12 a week.
Another Colorado manufacturer said:
W e sold our factory in Kansas City where we had operated for three years
and came out here last September. W e had definite prospects of business in
this city alone, between preliminary orders and promises of future orders, on
which we planned to start with 35 machines and expected to grow. W e got
under way on that basis and laid in goods and started with 35 operators. In
the spring of this year one of the stores here held three sales of prison-made
aprons at 88 cents, which is cheaper than we can produce them. For the next
three months we gave our goods away in order to turn over stock. W e sold at
7 per cent and 8 per cent loss, not counting in overhead. For these three months
we operated only 6 machines and have not operated more than 11 at any time
since. Customers are constantly coming up here asking prices and going aw ay
without buying because we can not sell to them at a price that will enable them
to sell at the price at which the department stores are selling. W hen we started
in here we figured we could do business with the big stores— had definite promises
from them— and could do our own selling without sales agents. N o w we can
not sell anything in the large stores and have had to go into the small towns
with six agents in the field at 15 per cent commission. W e have had to give
them this large allowance because sales are so small. H alf a dozen girls a day
come up here wanting work but we have none. The girls we have, who have
to keep a job, sometimes make only $6 a week, and they can not live on that.
I f we were merely in competition with other private manufacturers trying to
sell 10 cents or 15 cents cheaper, we could meet that, but with prison-made
goods there is no real competition about it. There is no way to meet it.
W O R K S H IR T S A N D O V E R A L L S
The story of prison-labor competition in the work-shirt industry
is of longer standing than in the apron industry and is equally
intense.
One large shirt manufacturing company is known to have both
free labor and prison factories, and an interest in both free labor and
COMPETITION OP PBISON-MADE GOODS
119
prison mills producing cloth. The company has had a large increase
in its business since its organization. Figures are not ayauable as to
what part of this increase applies to prison production and to freelabor production. A stock selling circular states that the net sales
of the company for the 7 years ending December 31, 1922 and the net
profit before deducting special compensation and federal taxes have
teen as follows:
Year
Sales
Profits
1916____________________ __________$3, 893, 429. 60
$399, 100. 00
1917___________________ ______________ 6, 321, 812. 95
764, 000. 00
1918 ___________________
6,815,396.06 965,867.75
1919 ____ ________ _________________
7, 567, 340. 24 1, 087, 005. 63
1920 ________________________
10,242,359.83
79,159.45
1921 ___________________
6,461,011.32 481,756.99
1922 _____________ _________________
9, 723, 341. 96 1, 012, 428. 30
Like figures are not available for later years.
A New York manufacturer of dress shirts gave the following story
of his experience in the manufacture of work shirts.
In 1914 we incorporated a separate company for the manufacture of work
shirts. W e put out a shirt with the label: ‘‘ M ade in sanitary workshops. Nob
in prisons or in sweatshops.”
W e had everything in our favor. W e had been in the men’s clothing business
for 40 years. W e had the necessary experience, equipment, and resources, but
we could not make headway against prison-labor competition. This competition
was particularly effective because the largest distributor of the prison product
had made a scientific study of prison-labor possibilities and was producing shirts
in prison shops in every w ay equal to ours. W e had other goods to compete
with, but could hold our own against any but the prison goods, which were the
only ones equal in standard to ours. This prison contractor had free plants
where he made goods similar in line to our higher line of goods, especially flannel
shirts, and he not only used his advantage in selling prison goods to make sales
in those lines, but could undersell us on them because his large profits on the
prison goods made up the difference.
The first year of operation, when we found ourselves up against this competi
tion, we tried to meet it by lowering wages, then we operated at a loss as long as
we could stand it, and then discontinued the business. W e make no claim of
failure in our business as a whole due to prison labor competition as we have
maintained a profitable business in a higher class of goods, but if our plant pro
ducing work shirts had had only free labor to compete with it could have con
tinued operation at a profit and our total plant and production would be much
greater than it is now. The income of this corporation for the four months it
was in operation in 1914 was $51,937.36; the 12 months of 1915, $53,778.95;
and the 11 months of 1916, $23,553.27. W e suspended business the end of 1916.
Another New York producer reported:
During April, M ay, and June of this year we have sold our shirts at a loss, if
estimated on the basis of replacement value. W e produce a shirt of the same
type as the prison-made work shirt, and we must adjust our sale price to the
price at which the prison goods are sold. The price on prison shirts in April
was $8,125 a dozen, and we had to meet it. It happened that we had in stock
a supply of cloth bought at less than the market price then obtaining, and so
did not have to operate at a dead loss, but our cost of production at that time,
based on the current market price of cloth, was $9.25 a dozen. Our labor cost
is $2 a dozen. During the dull-market season we have had to sell below cost of
production for the past two years in order to meet prison competition. In
the season when sales are large their price is high enough to enable us to sell
at a profit.
A third New York manufacturer stated:
The situation in the work shirt industry is more serious now than it has ever
been before. W e find it impossible to get along any longer. I am going out
after prison contracts. W e have tried to meet the situation by watching the
market for every advantage in buying, by taking huge risks, and by hard work,
120
C O N Y IC t LABOR IN 1923
but we can not go on any longer. Ours is the biggest work-shirt plant except
that of the chief prison contractor. Our production is between 15,000 and
20.000 dozen a week, at a labor cost from $2 to $2.75 a dozen. Our selling
price ranges from $6.50 to $7.50 a dozen. The best work shirts made are made
at the Jeffersonville Pentitentiary, at a labor cost of 75 cents a dozen. I have
fought prison-made goods for 20 years, but I have had one prison contract for
six years now. I have had opportunities to get others, and it will be I and not
the State or Federal Government who will decide when I shall go out of business.
I am going into prison production.
Another New York manufacturer said:
W e have been in business 20 years. In the early years there were not enough
work shirts put out by prison labor for us to be aware of it. During the w ar the
shortage of production and increased demand prevented the increase in prison
production from affecting us, but since 1920 the situation has become impossible.
Throughout 1923 we have been selling at cost and less in order to keep the
organization together long enough to get into operation in other lines. W e are
not going out of business, but we can not make work shirts in competition with
prison production. W e are experimenting now on what we are best equipped
to produce in other lines. As a typical case, we have just been turned down by
a customer who bought 3,800 dozen shirts a year ago to-day, because he can
buy this year’s supply in prison-made goods at $1 a dozen less than our price.
A customer to whom we have sold 15,000 dozen shirts a year for four or five
years is buying wholly prison-made goods this year, because he can get them
for less than it costs us to make them.
Our costs per dozen are as follows: Cloth (31 yards at 15% cents, $4.80; to
cut, make, trim, box, and ship, $2.65; overhead, 74 cents— a total of $8.19 and
we are selling at $7.50 a dozen. W e have lost 69 cents per dozen on 25,000
dozen this year.
Since 1920 we have closed two factories employing 200 people each, and one
employing 450 people. On one of these factories we have paid rent on the idle
plant for two years because it was cheaper to lose the rent than to operate. In
1920 we made 7,000 dozen a week; in 1922, 4,000 dozen; and now we are making
1.000 dozen a week. W e tried going into the mining districts and setting up
plants, but labor in mining districts is too high to compete with prison labor.
Every new prison contract let makes the situation worse and we are getting out
of the field as fast as we can. W e must either get into other lines or quit. As
we fellows get out of the business the prison contractors1 opportunities for profit
grow greater, for they will soon be the only purchasing power in that line, and
they can go into the mills and make their own prices on materials.
One New York manufacturer, who stated that their production
had diminished 40 per cent in the last several years, said:
Our business depends on the prison goods. Our salesmen sit around here
waiting for the prison contractors to make their price so we can know what we
are going to do.
A Maryland manufacturer said:
Our work-shirt department has been shut down for two months. For over
three months this year we operated it at a loss. For two years profits in our
other lines of manufacture have carried the work-shirt department. Until the
prison contractors have sold out we can not sell. W hen demand exceeds supply,
we market our goods after the prison shirts are sold, but as the prison contractors
increase, the period when private products have a market grow shorter. In
periods of depression the situation grows worse, because the prisons continue to
produce when private manufacture is suspended. W hen supply exceeds demand,
the prison goods are cut to any desired extent, because they must get rid of the
output in order to make room for the continually produced supply. W e either
meet their price, wait till the prison goods are all sold, or for reasons of our own
hold at a higher price and do not sell.
An Indiana manufacturer said:
This factory has been in operation for 40 years, but for the past 2 or 3 years it
has been the hardest possible job to keep our girls employed on shirts. W e pay
$2.50 a dozen for making, pressing, folding, and inspecting. U p to four years
ago we made 1,200 to 1,500 dozen a week, and now we run 800 dozen a week.
COMPETITION OF PBISON-MADE GOODS
121
W e have had to go into the manufacture of flannel shirts, but that is only a
one-season business.
During the w ar we had so much patriotism propaganda and now we have
prison contractors reaping the benefit of it with t h e ir--------------- shirt. A man
who has been overseas likes the sound of that. They have commercialized the
patriotic idea not only in t h e ir --------------- , but t h e ir ----------------shirt. If their
goods had to be stamped prison-made, they couldn’t get away with that.
I have an order here now to make coats for a State penal institution. Instead
of making work shirts to sell to the public, why can’t the penitentiaries do this
business for themselves? Every prison and insane asylum in the United States
buys clothing from private manufacturers, while a private contractor becomes
a millionaire in a few years through prison labor and the State loses money and
girls are thrown out of work.
Most of the Missouri houses visited are large general dry goods
jobbing houses that manufacture only certain lines of the goods
they sell— usually work shirts, overalls, and knit goods. In one such
establishment the report was made:
Last year we made 120,818 dozen work shirts. So far this year (September,
1923) we have made 58,253 dozen. I can not prove prison competition to have
been the cause of this reduction, but I know it was the chief factor. On our
simplest work shirt the materials cost $5.46 a dozen (39 yards at 14 cents), the
factory labor cost, cutting, making, foreman, etc., is $3 a dozen— a total factory
cost of $8.46 on goods we sell at $9, making 54 cents, or 6 per cent profit, on fac
tory cost. W e figure that it costs us 13 per cent to maintain this establishment,
overhead and selling, which means a 7 per cent loss on all our work shirts for
the past year.
A similar concern stated that the increased cost on labor since
the war had made conditions much harder than before, and it made
the point that the fact that retailers reckon their profits on a per
centage basis made the divergence between free and prison-made
goods greater, since the stationary prison labor costs made possible
a $6 wholesale price on prison goods, on which a 30 per cent addition
made by retailers would be $1.80, while a 30 per cent addition to
the $9 price on privately manufactured goods would enhance the
price $2.70.
A third said:
W e haven’t made a dollar on work shirts in four years, because the prison
goods set the price and we have to meet it. W ork shirts are the curse of the
shirt-making industry. They serve as a football. W e have to carry them since
in order to maintain our trade in a territory we must have a full line of goods.
The low price on work shirts sets the standard for similar lines, such as boy’s
chambray shirts. Y ou have to sell work shirts at $9 a dozen when they should
be $10.50, and then you have to sell the boy’s shirts at $7 because you sell men’s
shirts at $9. W hen we can buy the prison goods cheaper, we buy, but we try
to make them as cheaply as we can buy from the prisons. W e make about
75,000 dozen a year.
?
Another such concern stated:
W e have been forced to buy prison-made work shirts in order 'to supply our
trade. The prison manufacture of shirts does not affect us seriously since, as
jobbers, we can buy and resell, but we object that private manufacture should be
interfered with and women thrown out of employment by prison labor. In 1915
we made 3,107 dozen work shirts; in 1916, 3,314 dozen; in 1917, 5,830 dozen; in
1918, 4,878 dozen; in 1919, 6,470 dozen. In 1920 we concentrated on a special
product and made very few work shirts In 1921 we made 4,224 dozen. In 1922
we started a new factory in the lower end of town where we could produce more
cheaply, and in that year the new plant made 3,467 dozen, and this {riant 1,465
dozen. So far this year we have made 2,211 dozen, all but 85 dozen in the new
plant. The actual sewing cost per dozen on our work shirts is $1.66; labor cost
including inspection, forewoman, etc., is $2.66. The total present cost of pro
duction is $8.62 per dozen. In August, 1922, our cost of production was $8.84,
122r
CONVICT LABOR I N 1923;
and we bought prison-made shirts at $7.25. The difference runs about the same
right along. Our purchases in 1922 from the prison contractor from whom w e b u y *
the greatest number amounted to 14,300 dozen.
Another Missouri concern said:
W hile w e were making goods for the Government during the war, and when
most plants similar to ours were doing the same, the prison contractors got their
opportunity to get control of the market. Conditions in prisons would not allow
for meeting Government specifications* and while our product was being used by
the Government they were producing large quantities to sell to the retail trade.
W ith the low price at which prison goods are marketed we must keep our wages
lower than they should be in order to keep the machines operating at all. W e can
not pay enough to attract young women, and our employees are chiefly widows
and deserted mothers who must work, and they must compete with convicts who
are not benefited by being trained in this line. I f we employed an ex-convict at
our machines, the women would all quit.
W e have a stock of goods piled up now that we can not .sell because of prison
competition. W e are trying to get away from making work shirts and keep at it
chiefly because of our obligation to employees who have been with us for many
years, who must have work and are not qualified to fit into other lines. Like so
many others in the industry, we are going into dress-shirt production, but the
influence there is almost as bad. Since we have to make work shirts so cheaply in
order to come somewhere near the prison price, buyers argue that the work in
other lines of shirts is not so different and object to paying a fair value that
warrants good wages even on the better shirts.
A Missouri wholesale dealer in dry goods stated:
W e handle here high-grade shirts, overalls, and pants, and a general line of dry
goods. W e have not been buying prison goods recently, but our chief competitor
selling the same line in the same territory sells the same grade of goods w e do in
piece goods, hosiery, and staple lines of that sort, but in factory goods— overalls
and work shirts— they handle prison-made stuff. They sell a dealer a quantity
assortment of their entire line, and their whole proposition is price. W hen we are
selling 220 weight overalls (220 yards per 100 pounds of denim) made in our
factory at $18 a dozen they are selling the same weight prison-made overalls at
$11 a dozen. They also sell prison-made work shirts for $1.50 and $1.75 a dozen
less than our price. They make these prices in these two lines with the definite
intent of using them as leaders to discredit our prices on the general lines of mer
chandise. I understand they are selling overalls at a loss in order to do this.
These goods are sold so low that there is no possibility of us coming anywhere
near competing with them. W e have had to switch about 50 per cent of our
overalls operators to other kinds of work. W e have only two alternatives when
we are confronted with this kind of competition. W e can either reduce our price
to where we lose money or curtail production and sell less goods. Our girls
average $18 a week. W e made no wage reductions and do not want to, but we
can not pay the wages to which the girls are entitled and compete with prison
labor.
A Missouri manufacturer of overalls exclusively stated:
It is impossible for us to compete with prison labor, and consequently we have
been forced to curtail our output and reduce our force. Six months ago we had
170 operators and now we have 70. W e then ran from 750.to 900 dozen a week
and now we average 350 dozen. The week ending M ay 19, 1923, we made 896
dozen, the week of M ay 26, 872 dozen, of June 9, 756 dozen. From June 9 to
June 16 we closed ;down altogether and production has been very low ever since.
Last week we made 372 dozen, the preceding week, 309 dozen. Prison production
is limiting our market to the people who demand the union label and shutting ue
off completely from the farmers' trade, since they are interested in price regardless
of the union label. Conditions are worse right now than they have ever been
in the industry.
One. Nebraska.general dry-goods jobbing house stated:
Gur production in work shirts has increased rather than diminished in the last
three years, because prior to that time we bought prison shirts to supplement our
own make in supplying our trade. W e now make all of our own. In 1917 we
m ade 8,793 dozen; in 1918,12,141 dozen; in 1919, 5,178 dozen; and in 1920, 7,345
COM PETITION OF PRISON-MADE GOODS
12&
dozen. In these years we were buying shirts. In 1921 we made 12,567 dozen;
in 1922, 19,405 dozen; and so far this year, 16,099 dozen.
On our overalls the prison production hits us hardest in times of financial
depression, when the wearers of such garments count the pennies and buy only
the cheapest thing obtainable. Our production for the past 12 years is as follows:
1911___________
1912...............
1913 _______
1914 _______
40,609
39,718
42,025
42,317
1 9 1 5 .. __________
3 8 ,403
1916._______
1917 _________
1918 ............
1919 ____________
1 9 2 0 .. ___________
1921.......................
1922 ____
1923 (Septem ber)________
36,544
37,400
25,487
24,097
16,046
10,687
24,231
20,226
In 1918 and 1919 we were on Government production. Our 1921 production
amounted to practically a shutdown, due largely to prison-labor competition,
for people were buying the cheapest merchandise they could find, with the result
that they bought prison-made overalls, Ours is not a union-made product and
the larger market in the big cities goes to union-label goods.
A similar Nebraska house operating from 100 to 110 machines in
overalls production stated:
W e can buy the prison-made goods cheaper than we can make them, and if
we could get rid of our factory and still hold the prestige that goes with being
classed as manufacturers we would be glad of it.
An Iowa manufacturer stated:
W e have been making overalls since 1878. W e have an established trade and
an established territory, but lately it has been mighty hard to hold it. If we
are going to be driven out on overalls and work shirts, we are resourceful enough
to make up the difference in other lines. W e have had to push production in
other fields and are doing a big and increasing business in sleeping garments,
children's rompers, flannel shirts, and lines in which we do not have prison com
petition. W e do not want to go out of business in the work shirts and overalls
and we have been putting more thought and effort on them than on other lines.
W e have just as many salesmen and work just as hard to sell these goods as any
other. W e pay the salesmen the same percentage for selling these as we pay on
goods they seem to be able to sell much more freely. W e have been advertising
these lines in farm papers and various journals. The demand is for overalls at
not more than $16.50 a dozen, so we tried to figure on that price. I f we are to
make an overall that a man can wear and bend over in, we can not make it .at
$16.50, even if we were ready to sell at actual cost.
Our sewing cost on overalls is *$1.63^ per dozen, making buttonholes, examin
ing, etc., is 32y i cents, cutting is 25 cents, and sorting and tying, 2 cents per
dozen— a total cost of $2.23. On work shirts, stitching is $1.05J4> making button
holes, sewing on buttons, examining, and marking is 24J^ cents, cutting is 15
cents, and pressing, folding, etc., is 10H cents— a total labor cost of $1.55.
Our production since 1910 has been:
Year
1910-1911.................................
1911-1912-...............................
1912-1913.................................
1913-1914.................................
1914-1915.................................
1915-1916.................................
1916-1917.................................
1917-1918.................................
1918-1919.................................
1919-1920.................................
1920-1921.................................
1921-1922.................................
1922 to date (September).......
Overalls Work shirts
43,000
46,000
46,000
51,000
38,000
45,009
50,000
34,000
30,000
20,000
22.000
22,000
20,000
21,000
15,000
8,000
13,000
17,000
13,000
8,000
20,000
18,500
19,000
13,000
9,000
13,000
124
CONVICT LABOB IN 1983
Prison competition is most noticeable when business is hard to get.
demand exceeds production we do not notice it.
W hen
A Minnesota general dry goods wholesale house gave the follow
ing report:
The labor cost on our overalls, including cutting, inspecting and trimming, but
excluding foreman, superintendent, etc., is $2.25 a dozen. During the month
of August we sold, at $16.5#, overalls that cost us $15.41 to make. Prison-made
overalls were selling at $13.50. W e have been shut down since the 1st of Septem
ber and do not expect to operate before the 1st of December. Tw o years ago we
found it necessary to close down for four months. In 1920 we made 15,918
dozen overalls and in 1921, 6,160 dozen. In 1922 we made 16,066 dozen to
stock up after the low production of 1921, but we did not sell what we made. So
far in 1923 we have made 9,974 dozen. Our best workers make as high as $26
a week.
As conditions are now we would do better to scrap our machinery and buy
these goods if it were not for the prestige that goes with being classed as manu
facturers.
In workshirts we make only 35 to 40 dozen a day for the purpose of training
new hands for use on dress shirts. I f it were not for prison competition we would
undoubtedly make more, as they could then be marketed at a profit.
Another Minnesota manufacturer objected to the fact that under
the methods of marketing prison products the industries of one
State were being forced to support the institutions of another.
A third Minnesota jobbing house reported:
In January of this year we made 500 dozen work shirts as an experiment and
found it impossible to keep the cost of production down to where we could com
pete with prison-made goods. W e did not keep it up long enough to pay to
take on cheap help and used our better-paid operators, but it cost us $9 a dozen
to produce goods we could buy for $7.50. W e buy on an average of 9,000 dozen
work shirts a year.
W e make all of our own overalls except one number of union overalls we buy
to supply the trade that demands a union label. W e have a very hard time com
peting with the prison-made overalls. W e are making 50 dozen a week now,
which is half what we have made until recently. Our labor cost on men’s
overalls is $3.40 a dozen and on boy’s $2.40 a dozen.
In the general discussion of the situation, aside from their own per
sonal stories, the manufacturers are very emphatic in the opinion that
the contract system is a gross injustice to tne prisoners as well as to
private manufacturers and laborers, since the training they receive
m garment making is absolutely useless to them after their discharge,
not only because it is the custom to employ only women in these lines
but because no manufacturer could risk the walkout that they con
sider would result from employing ex-convicts to work with the
woman employees. They also make the point that the confining, in
active work unfits the men for the only occupations which are open
to them after discharge. One man stated:
I have known a number of instances here in this town where men have been
kept at sewing machines for several years and then have taken jobs as day hands
on the roads and found they simply could not stand the work. The result is they
drift around until they do something that gets them back in prison again.
The opinion is also prevalent that the present system has resulted
in making it to the interest of prison contractors to work for convic
tions. Such stories as the following are told, and apparently, cur
rently believed:
I know of a case of a negro in t h e ------------- penitentiary who was a wizard at
cutting. Soon after he was released they planted something on him and got him
sent back because they couldn’t spare him.
COM PETITION OF PRISON-MADE GOODS
B IN D E R
125
T W IN E
The United States Census Bureau reports that during the year 1921
there were 234,409,000 pounds of binder twine manufactured by
free labor in the United States. One year's product in 9 State
prisons was 61,615,683 pounds of binder twine. Thus, out of a
total of 296,024,683 pounds manufactured in the United States, the
prisons manufactured 21 per cent.
This twine was manufactured in prisons in the following States:
BINDER TWINE MANUFACTURED IN STATE PRISONS
State
Year ending— Production
Minnesota___________ Jan. 31,1923
Michigan___________ June 30,1923
Wisconsin___________ June 30,1922
Indiana_____ _______ Sept. 30,1922
North Dakota________ June 30,1922
Kansas_____________ June 30,1923
Oklahoma. .................. ....... do-.........
South Dakota________ ....... do..........
Missouri............. ........... Dec. 31,1922
Total...................
Pounds
23,667,885
16,922,915
4,912,600
4,374,425
3,707,350
3,626,500
2,150,575
2,083,077
170,356
61,615,683
The reasons for the existence of this prison industry and the out
standing increase in production demands a short explanation.
The National Cordage Co. came into active existence on August
1, 1887. I t was charged that this company tried to control com
pletely the cordage industry in the United States by attempting to
control not only Manila fiber and Mexican sisal but also the manu
facture of cordage machinery. The company had an active existence
of only six years, when it was placed in the hands of receivers on
M ay 4, 1893.
It was reorganized from time to time under several names, namely:
United States Cordage Co., January 1,1894, to June 1,1895; Standard
Rope & Twine Co., November 18,1895, to January 25, 1905; Standard
Cordage Co., April 23, 1906, to September 27, 1910.
Great publicity was given the activities of this enterprise in estab
lishing what is known as a “ trust." As a result, a public opinion in
the wheat-raising communities of the West was created which led to
the establishment of a prison twine plant in the State prison at
Stillwater, Minn., in 1891.
During the first few years of its existence, 1891 to 1894, the enter
prise was not a success and a loss of $6,996.20 was sustained. How
ever, since then this prison factory has increased production and has
proved a financial success to the State. The production in this
prison in 1922 (23,667,885 pounds), almost equals the total produc
tion during the first 10 years of operation (27,848,000 pounds). The
profits realized have placed the institution on a self-supporting basis.
The concededly good quality of the product and the efficient methods
employed by this prison's officials met with remarkable success.
The success of the Minnesota prison greatly influenced the decision
of other States to establish prison factories for the manufacture of
binder twine. Kansas established a prison factory in 1898, North
Dakota in 1900, Missouri in 1905, Indiana in 1906, Michigan in
177°— 25t----- 9
m
m m ic T
&j\ b q
m
m
im
1908, and South Dakota in 1909. The first appropriation for a fac
tory was made in Wisconsin in 1907 and in Oklahoma in 1916, In
no case has the establishment of this prison industry resulted in
financial success comparable to that of Minnesota. In some instances
the experiment has been a financial failure.
The first successful hard fiber binder twine was manufactured in
1880 from pure Manila fiber grown in the Philippine Islands and that
kind of fiber has been used since then. But Mexican sisal, imported
into the United States in 1860 primarily for the manufacture of
rope, has to a large extent displaced it because the sisal is cheaper.
However, the unsettled political conditions that have existed in
Mexico and the semiofficial Mexican State monopolies have had a
tendency to increase the use of Manila fiber and oi fibers other than
sisal during the past few years. New Zealand fiber, Java fiber, and
African fiber have been used at times, but in comparatively small
quantities. The Mexican sisal must sell at a certain percentage
below that of Manila fiber because the Mexican sisal has more dirt
in it than the Manila fiber, and because a greater length per pound
may be obtained for binder twine purposes with Manila fiber than
with Mexican sisal— generally 650 feet as compared with 500 feet.
M any dealers now handle prison binder twine as a leader or staple
commodity without any profit, to attract trade to their more profit
able goods. In the trade generally, binder twine is considered to be
and is handled as a staple commodity whether of prison or freelabor manufacture. This condition is forced on the dealer in at least
one State, which regulates the amount added by the dealer handling
the prison-made twine. Thus, a dealer may purchase a carload
(20,000 pounds) of 500-foot twine at 10 cents per pound and pay
$2,000. On carload lots, if he pays cash before a fixed date, he re
ceives a discount of one-half cent per pound or $100. Generally he
sells about 30 per cent (6,000 pounds) of the car lot of twine for eash
and the law allows him 1 cent per pound profit on such sales. In
this way he makes $60. The dealer usually sells about 70 per cent
(14,000 pounds) on time or credit, and on this class of sale he is by
law allowed \X
A cents per pound. In this way he may make $210.
Thus, if a dealer takes advantage of the discount, has no bad debts,
and sells all the twine, he has a gross profit of $370 on a car lot. How
ever, when the matter of bad debts or the overhead cost of handling
the twine or the inability to take advantage of discounts or the
danger of a crop failure, or a club-order supply distributed in the
vicinity of his store is taken into consideration it is seen why handling
twine is not considered profitable by the retailer.
One of the prisons (Minnesota), commonly credited as being most
successful in the direct distribution of binder twine to the farmer,
actually distributed only about 1 per cent o f its product in this
way in 1922, The balance was distributed as follows: About
15 per cent to farmer organizations and through organized
club orders; about 59 per cent to dealers in the State; and about 25
per cent to dealers in other States. The percentage of all prisonmade twine distributed through retailers is very large.
Following is a table which brings out the great difference in the
prices o f Manila fiber and Mexican sisal. This gives both an advan
tage and a disadvantage to the prisons over the free-labor manufac
turer.
COMPETITION OF PRISON-MADE GOODS
127
If, as is the case in Minnesota, the prison officials may take ad
vantage of a low price by quick action m ordering a year’s supply, a
great saving may be had. On the other hand, in States where the
order must receive the approval of a supervising body the price may
be high by the time the approval is obtained. The free-labor manu
facturer of binder twine must purchase his twine during the entire
year at both high and low prices, as brokers would not accept his
order for a year’s supply because his order would be so large. The
fiber necessary to supply a free-labor factory is greater than that of
the prisons because the free-labor manufacturers of binder twine
either make very large quantities of binder twine or they make
binder twine, rope, and other products. Thus the free-labor manu
facturers may be said to purchase their supply of fibers at the average
price for the year.
I t will also be noted in the table that the difference between the cost
of fibers and the selling price of free-labor binder twine to retailers is
usually about 4 cents. This was the amount agreed on by the United
States Food Administration during the World W ar when prices were
fixed on that basis. Prison prices are usually from a cent to a cent and
a half below those of free labor. The reason for this difference in price
lias been stated by manufacturers to be necessary to “ furnish some
color for the ‘ help-the-farmer’ argument,” and “ to dispose of the
product” as “ it is generally conceded that any prison product is
likely to be inferior in quality and will not be found as uniform as the
product made by free labor.”
WHOLESALE PRICES OF FIBER AND BINDER TWINE, BY YEAR
[The prices for raw material fiber are for “ Fair current” manila fiber and Mexico sisal, the two fibers
principally used in the manufacture of binder twine. The prices on fiber are for new goods delivered on
dock at New York. They are not reduced finer than eighths of a cent. These prices of fiber were furnished
by a Boston importer and broker]
Wholesale price of binder twine
Wholesale price of fiber
Manila, per pound
Sisal, per pound
Year
From free-labor
factories
From prison-labor
factories
600 feet
feet to600feet
pound 500 feet
High for Low for High for Low for to pound to500
year
year
year
mixed allpound
mixed toallpound
year
sisal
sisal
fiber
fiber
1f¥>n
ion«
1907
ions
1900
1910
1911
______
_ ____
____
_____ _
_________
_________
1012
__ _____
1913 ___________
1914
_________
1015......................
1910
1917 ____________
1918......................
1919 ____________
1920
_ _______
1921
_ ________
1922
________
1923.......... ...........
Cents
10%
10%
10%
7X
0%
o%
5%
m
io%
iy%
15
27
28
Gents
■8%
m
0%
5%
4%
4%
m
%
6%
7
104
20%
i5 k
15%
12%
12%,
6
20
m
io % ,
11
ft
C ents
8%
7%
7%
6
6K
6
5
7%
7%
m
o%
14%
10%
1
7H
6%
m
C en ts
6%
6%
m
4%
4%
4
3%
5
5%
3%
4
&
10%
8
0%
4
0%
C ents
11 %
12 A
12
11 %
8%
8%
7%
8%
11 %
11
10
11 %
20%
26%
24%
18
17%
12
12
Cents
9%
10
9%
8%
7%
7%
0%
%
9
7%
9%
23%
21%
15
14%
10
10%
Cents
10%
10%
10%
9%
8%
8
7%
7%
10
10
9%
a*
24
22
U%
15
11
11 %
Cents
8%
8%
8%
7%
6%
6%
0%
t i
7%
7
8%
13
21
20
13%
12
8%
10
128
CONVICT LABOR IN 1923
The wholesale prices of free-labor binder twine quoted above are
the opening prices of the largest manufacturers. These prices as a rule
control the market, because the smaller manufacturers generally can
not undersell the larger manufacturers and would lose their trade if
they attempted to charge more than the prices fixed by the larger
manufacturers. The wholesale prison prices here listed are the
Minnesota State prison opening prices. The other prisons have in
most cases the same prices as the Minnesota State prison.
The manufacturers and distributors of free-labor-made binder
twine were a unit in condemning the manufacture and distribution
of prison-made twine. An agent of the bureau visited the seven
largest free-labor manufacturers of binder twine in the United States,
and statements made by them show their position with regard to this
class of competition. Their objections to this competition, which
thev say is unfair, have been classified under 15 headmgs. They are
as follows:
1. The manufacturers condemned the competition as unfair and
ruinous.
One manufacturer said:
The best answer I can make to the various questions regarding the effect of
prison-made goods on our business is the fact that we have practically discon
tinued the manufacture of binder twine and have turned our attention to the
manufacture of rope and other hard fiber cordage instead.
I t was stated by one manufacturer that—
The competition is so keen and the margin of profit so close that the variation
of a quarter of a cent a pound in the selling price will often represent either a
profit or a loss for the year.
A manufacturer of ropes and twine stated the position of his com
pany as follows:
The competition in the binder-twine business in the territories where these
several prisons operate is ruinous; in fact, the standard manufacturers find it
impossible to sell their product until the prisons have disposed of their full
capacity. This is due to the fact that the prisons sell at prices far below that
at which the goods can be made by free labor and sold at a reasonable margin
of profit.
I f the standard manufacturers are called upon to meet this competition, it
means that they must take the business at a loss.
The company has never been a very large factor in the binder-twine business,
and one of the primary reasons for their not entering this field is that the prison
competition makes the business difficult and unremunerative. The limited
amount of binder twine we do make we sell in fields where the prison twine does
not compete. Some years ago we made a very much larger portion of twine than
we do at the present time and discontinued doing so because of the increased
activity by the prisons.
Another manufacturer stated the problem as follows:
The injustice of the prison competition is manifest. It is an easy matter for
such mills to undersell the company and others situated as it is. Steps should
be taken to provide a remedy which will not leave the free-labor employer with
so heavy a disadvantage.
This manufacturer states that—
W e find the prices quoted by the various State prisons that manufacture binder
twice to be exceedingly low; in fact, the competition is such that we can not at
any time attempt to compete with State-prison prices. In other words, we prac
tically have to let them sell their production before we can begin.
COMPETITION OF PRISON-MADE GOODS
129
W e do not know upon what basis the State prisons establish their prices. Some
years their prices have not been announced until prices have been made by the
leading manufacturers, while at other times their prices have been announced
first.
Such low prices are used by a great many buyers as a leverage with Ourselves
and other manufacturers to secure lower prices.
After comparing prices he says:
This is an outstanding instance where it is plainly evident that it is impossible
for jobbers to whom we may sell to compete with prison-made twine; in fact the
jobbers who used to sell binder twine for us in Michigan are discontinuing doing
so because of their inability to compete with prison-made goods.
One of the larger manufacturers said:
It was true, as stated in the report of 1906,1 that the free-labor binder-twine
industry had not attempted to compete with the State prisons in prices or terms,
and they have not done so since. It is a situation that can not be cured and must
simply be endured— a burden and a handicap upon a vital industry.
Manufacturers have learned by bitter experience to hold their tongues on the
subject of convict competition in binder twine. There are three stock arguments
that invariably come up whenever a State legislature is discussing the estab
lishment or extension of a prison twine plant. One is that it will .benefit the
farmer. Another is that it will reduce the expenses of the prison, and the third
is that the project is being fought by the twine manufacturers, who are pictured
as the ruthless oppressors of agriculture. Therefore, the appearance of any
manufacturer's representative before a legislative committee in opposition to a
prison twine project merely furnishes capital for the promoters of the project
and a target for their abuse. Y et the obvious facts of prison twine manufacture
would seem to warrant not merely resentment but active opposition from the
free-labor manufacturer.
A prison twine plant operates with State funds furnished to it without interest.
It operates with labor to which it pays something or nothing, as it pleases— usually
nothing. It has none of the free manufacturer's problems of wages, of labor
supply, of labor turnover, of absenteeism, of provisions to safeguard life and
health. It may strive to earn a profit— which should not be difficult under
these highly favorable conditions— but it has no stockholders demanding a reason
able return on their investment. Prison twine costs can be figured with a free
hand. They do not necessarily include any provision for depreciation of plant
or equipment, for repairs and replacement, or for interest charges on working
capital.
One of the large free-labor manufacturers submits the following
statement as regards price, quantity, and quality of competitive prison
twine:
It is true that prison-made twine is sold to the farmer at a lower price per
pound than free twine, but that does not always mean a saving to the farmer.
The farmer uses twine by the foot and not by the pound. It takes about 1,000
feet of twine to bind an acre of wheat or oats. It will take 1,000 feet to bind this
grain whether the 1,000 feet of twine weighs 2 pounds or 3.
The most popular twine is “ Standard'' twine, which is supposed to run, and
is labeled to run, 600 feet to the pound. The free-labor twine is made under
laws that require it to fulfill its guarantee, but the State owned and operated
plant is not amenable to law in its own State and can not be made to live .up to
honest mercantile standards, and, in fact, in a great many cases does not.
In 1921 careful and fair tests were made upon prison twine purchased in the
open market. Every ball in the bale was measured; not one piece of twine or
one ball, but the whole bale. Thus the figures represent actual worth to the
purchaser.
All of the twine was labeled “ Standard," and with the exception of the Kansas
twine all bore tags printed “ 500 feet per pound."
i Twentieth Annual Report of the Commissioner of Labor, 1905.
CO STICT LABOR IN 1923
130
The results follow:
Feet
M ichigan_____ _______First hale------------------------------- 455-6 per pound.
Second bale___________________ 477.2 per pound.
South D ak ota...... .................................................... 449.8 per pound.
Wisconsin....... ........ First bale______________________ 476.4 per .pound.
Second bale___________________ 477.8 per pound.
Oklahoma__________ First bale______ ________________ 457.0 per pound.
Second bale___________________ 457-3 per pound.
Kansas_____________ First bale........ ..... .................. 479.0 per pound.
Second bale_____ ______ _______ 459.0 per pound.
Minnesota_________ First bale______________________ 469.2 per pound.
Second bale___________________ 482.1 per pound.
These figures average at 467.3 feet per pound, and the farmer who bought
this twine even at half a cent per pound less lost money. Last year freedabor
twine sold to the farmer at something like 12 cents per pound, and therefore
his 500 feet of this twine cost him 12 cents.
H is 500 feet of prison twine, averaging but 467. 3 feet per pound, at l l j ^ cents,
cost him 12tSfty cents, or a little more money than his free-labor twine.
Unfortunately, these are not the only disadvantages of prison-made twine.
Besides the lack of length, a defect not readily detected, other serious faults are
usual to prison-made twine.
The shortness of the terms served by most of the prisoners prevents their
acquiring the necessary skill to make first-class twine.
In order to work well in a binder and avoid costly stoppages and breaks,
binder twine must be uniform in size, so that it will pass evenly around the sheaf
and work smoothly in the knotter. It must not have “ small spots” which
have not sufficient strength to bear the strain of the knotting operation or are
too weak to hold the sheaf of wheat after it is bound. A n unbound sheaf of wheat
means lost time and money. A tangled knotter is a serious loss. A break in a
ball of twine is a costly loss of time.
Evidence of the poor quality of prison twine is furnished by the manufacturers
of it themselves. South Dakota, by a report of its legislative committee in the
seventeenth session, fifty-sixth day, February 28, 1921, comment on the poor
quality of the South Dakota twine. They find that it averages but 450 feet to
the pound, and that its quality is so poor that they advise the farmers to return it,
to have the large and small parts cut out, and have the twine rewound. Of
course, such a remedy was inadequate compensation for the damage the farmer
suffered in the harvest field, and so they also recommended that the farmers
who had bought twine be compensated for its inferior quality.
That these conditions are not confined to South Dakota is a matter of common
knowledge, though there are other States that are not so frank.
I t should be said, however, in all fairness, that there are some prison plants
which usually make good twine.
Nevertheless, the inferiority of prison-made twine is so well recognized that it
can seldom, if ever, command the same price as twine made by private manu
facturers.
W ith regard to the quality of the prison-made twine the following
advertisement of a well-known binder-twine manufacturer states:
T o-day twine competition isn’t so much a matter of price as it is of quality.
The farm er and dealer both have learned the lesson of cheap, inferior twine;
that the seeming economy of saving a matter of a cent or cent and a half a pound
on the original cost of twine is in reality false economy as a general rule.
The farmer has found that breakage of grain bundles in the field, due to weak,
uneven twine, and shortages in length below the prevailing standards, are
expensive. The dealer has discovered that to sell that kind of twine becomes
costly for him because of loss of good will and trade.
2. The free-labor manufacturer must pay Federal, State, county,
and municipal taxes, whereas the prison industry and those
engaged in it enjoy the privilege o f being tax exempt.
One manufacturer stated his views of the taxation problem in the
following terms:
A t the present time the taxpayers in the State have approximately a quarter
of a million dollars of their money tied up in binder twine which was not sold
COMPETITION OF PRISON-MADE GOODS
131
during the last harvest and must be carried at least until next year. This
certainly works a hardship not only on the manufacturer, but on the free emloyee of free-labor institutions. It is certainly a bitter pill to swallow to pay
tate taxes to maintain an institution which deprives us of legimafce business
solely because there is no labor cost in manufacturing.
g
Another manufacturer states:
The raw material cost is more than half of the total cost, and taxes, insurance,
depreciation, and particularly carrying charges, are large items. A prison plant
pays freight, and it may pay insurance, but its books show no payment for in
terest, depreciation, or carrying charges. These costs exist, nevertheless, and
become a burden to the taxpayer.
3. The free-labor manufacturers must pay current wages to their em
ployees, whereas the prisons have the services of the prisoners
tor little or nothing.
One manufacturer reviewed the problem of wages, saying:
The manufacturer employing free labor has certain definite expense items
which of necessity must enter into the final cost of his product. To begin with,
he must carry his raw material for an average period of six months and thus
incur an interest charge of from 3 to 3 ^ per cent. H e must pay Federal,
State, and county taxes. He must pay labor an hourly rate, averaging from
30 to 35 cents per hour. H e has his plant investment and depreciation to take
care of.
W e are not in close touch with prison costs, but it is the belief that practically
all of the charges set forth just above do not enter into the completed cost of the
binder twine built. This statement is a trifle broad perhaps so far as labor is
concerned, but the outlay for that item is said to be merely nominal— perhaps
not more than oue-sixth of the wage rate paid by those employing free labor.
W ith reference to wages, another manufacturer said that—
If the penitentiaries were to allow an average wage, either to go to the convict
himself or his family, for the work done, they could not compete with free-labor
mills because of inferior quality and difficulty in distribution.
A third manufacturer states:
The prison twine mills were started because it was thought that the saving of
wages made by using forced labor, and the elimination of profit, would depress
the market price of free twine besides putting upon the market the cheap twine
itself. Neither of these expectations has been realized.
4. The free-labor manufacturer keeps in existence through invested
capital in the enterprise, and the industry must pay a return
of dividends de
1
'"'s or the invested ca
be withdrawn
collapse, whereas
funds created and maintain the prison industry, no dividends
or interest need be paid on the investment in the enterprise,
and even losses may be continually sustained, and since the
State’s resources are back of the enterprise it may still continue.
As to capital investment, one manufacturer states:
Labor is a small part of the cost of binder twine. Binder twine is a machinemade product, and the investment in machinery and plant is large. The average
production of the prison twine plants appears to be about 7,000,000 pounds per
year per plant. A free twine plant of this size would cost about $400,000, an
investment requiring a large amount of State’s money. The business done by
such a plant would amount to about $700,000 per year, so that binder-twine
manufacturing can not be regarded as a small or minor undertaking, and the
advantages to be gained should be great to justify it.
Another large manufacturer briefly covered this subject, saying:
Regardless of the cost of manufacture or the price made on free-labor twine,
the prison product will be sold at a lower price, inasmuch as this is necessary in
132
CONVICT LABOR IN 1023
order to dispose of the product. It is generally conceded that any prison product
is likely to be inferior in quality and will not be found as uniform as the product
m ade by free labor.
3. The free-labor manufacturer must provide against depreciation,
whereas the prison industry may seek merely an appro
priation.
A manufacturer said:
Public investigations of the results obtained in the manufacture of binder
twine in several prison plants have disclosed the fact that such business generally
is conducted at considerably less advantage to the State than can be traced to
the lower cost of the cheap convict labor as compared with free labor used by
independent manufacturers. M any expenses that should be directly charged by
the States to the operation of their prison plants are rather uniformly overlooked,
and the benefits of apparently lower prices of binder twine to farmers are derived
through the imposition of greater taxes on the State as a whole.
6. In times of depression or crop failure the free-labor manufac
turer must bear the brunt of the burden, as the prison can
sell its stock if necessary at a loss and the free-labor manu
facturer gets only what is left over and must pay storage for
what he can not sell.
One manufacturer stated this problem as follows:
Perhaps the strongest resentment of convict labor competition in the bindertwine industry comes from the local dealers. It is essential to the local dealer’s
continued friendly relations with his farmer customers that he shall make every
effort to supply them with their binder twine requirements upon demand. In
order to do so he must order his twine well in advance of the harvest. 7’his
involves guessing at enough uncertainties without the uncertainty of how much
prison twine m ay become available in his locality and the certainty that, because
of the differential in price, it will conflict with the sale of goods which he buys
from free-labor manufacturers. It is a perfectly natural reaction of this situa
tion that frequently the difficulties of the dealer who is undersupplied or under
sold on binder twine because of prison competition are reflected in discordant
relations between the dealer and the jobber or the dealer and the manufacturer.
B ut there is another phase of prison-twine competition that frequently works
hardship directly on the dealer and indirectly on the manufacturer. Tow ard
the end of the season it frequently happens that State prisons find themselves
with a surplus of twine on hand. To dispose of this surplus they send it north
and northwest and offer it for whatever it will bring, with the result that local
dealers who have estimated correctly on twine consumption in their vicinity and
stocked accordingly find their trade suddenly cut off by an invasion of prison
twine offered at prices which they can not meet without serious loss.
This latter condition has been reflected again and again in cancellation orders
from dealers to their jobbers or manufacturers and in appeals for help in taking
care of a heavy carry-over. On the binder twine side of the farm equipment
industry, and especially among the dealers, one of the most frequent and pro
lific subjects of discussion is how to keep the prison plants from selling convictmade binder twine outside of their own States. After many years of effort, na
tional legislation on this evil appears to be as far away from enactment as ever.
On this subject another manufacturer states:
W e want to point out something which is usually overlooked in comparing
prices and costs of prison and commercial twines. The individual prison-twine
plant is, in the last analysis, a small producer relatively (but together their pro
duction is considerable), with its own market, and with an appeal to that market
which is quite successful, even if based only upon sentimental and price grounds.
This means that upon the commercial producers, and particularly upon the
larger commercial producers, falls the responsibility of seeing that enough twine
is available to harvest the crops of the country, with all the attendant risk that
such a responsibility implies.
It is never possible to predict the extent of the N ation’s crop and the twine
requirements sufficiently far in advance to so accurately gauge manufacture that
just enough twine and not too much will be made. The amount of twine re
COMPETITION OF PRISON-MADE GOODS
133
quired is affected by climatic and other conditions within a few weeks of harvest;
the twine is all used during the brief period of harvest, but unless its cost is to
be prohibitive it must be manufactured throughout the whole year. The twine
manufacturer is a long way from the source of his raw material, in point of time
three weeks to three months; he can not make an overnight change to take care
of an eleventh-hour increase in demand; he must manufacture far in advance.
H o w then can the farmer be sure of having enough twine to harvest a good crop
unless the large manufacturer takes the risk of having made too much twine, if
the crop is poor?
And this is no fancied risk. It is a condition which has actually developed
many times in the past; it must develop with a poor crop. It is expensive for
the manufacturer. Twine carried over from one year to the next must be stored,
and the storage must be paid for. The twine is taxed, and the taxes must be
paid. Capital is tied up in that twine, and capital means interest which, too,
must be paid. The twine must be insured. And in addition to these items, in
the long period which must elapse between the time the manufacturer paid for
the fiber and the time he sells the twine, the market may go down and cause him
a further loss and a large one.
All these things are peculiarly burdens and problems of the manufacturer,
upon whom falls the responsibility, as we said before, of providing the N ation’s
twine. They are costs and risks that do not appear on the surface, but they
exist; they do not exist in anything like an equal degree, if at all, for the prison
plant operating under its conditions and circumstances and upon its much smaller
and more secluded scale, and with its unlimited power to fall back on general
taxation to make up any losses incurred by unpreventable conditions or bad
management. H o w unfortunate, then, that its lower prices should be quoted as
proof of the exorbitance of the prices of the commercial manufacturer, with the
difference in circumstances so little understood.
7. The free-labor manufacturer is considered guilty of unfair trade
practices if he should sell his product below cost of free-labor
Further, it is sometimes impossible for freef>roduction.
abor manufacturers to dispose of their product at prices the
same as those on the prison product. From time to time the
prison-made goods have been sold under a guaranty that the
price would be as low or lower than prices named by any other
jobber or manufacturer for twine of equal grade and quality
during the season.
One prison made a guaranty as to prices in 1911 which read:
These prices you will notice are one-half cent below our prices for 1910. W e
guarantee our prices to be one-half cent below those quoted by t h e ---------- Co.
or t h e ---------- Co. on their regulai brands of twine. W e guarantee in addition
that if our prices are not one-half v.ent below the prices that may be named by
t h e ---------- Co. or t h e ------------ Co. we will still further reduce our prices on the
same grade and quality so that our prices shall be one-half cent below theirs.
One distributor referring to this guaranty in a humorous vein,
said:
So you see if these companies gave away twine the prison would pay people
one-half cent a pound to take the prison twine.
A very recent guaranty is referred to by another manufacturer:
Prison prices are generally, if not always, lower than free-labor prices and in
some cases are guaranteed to be so. W e refer to a copy of a letter and contract
just received, dated January 1, 1924, from the Oklahoma State Penitentiary.
The contract contains a clause which guarantees, over the signature of the great
and sovereign State of Oklahoma, that the “ price when fixed, as herein provided,
shall be lower than the general market price covering same period which shall
be named by commercial manufacturers of twine of equal grade and quality.”
The letter says “ we can assure you that our price will be not less than 1 cent
per pound under the prices named b y ---------- people for the same quality twine.
W e come, then, to the question of unfair competition. This is almost so selfevident as to need no further exposition. It is a fact that prisons go far beyond
keeping the convicts usefully employed. They run their mills at night, enter
134
CONVICT LABOR IN 1925
the commercial field, advertise, cut prices, and even- go beyond the bounds of
their own State- The ridiculous pay of oonvict labor as compared to free labor
can be only partially offset by the increased efficiency of free labor in these days
of high wages, and overhead expenses like taxes, insurance, interest, and depre
ciation, partly or wholly paid in prisons by general taxation, do not present the
grim reality to a State owned and operated plant that they do to a private cor
poration which has to provide for them in good years and bad and provide for
them from the sales of its goods.
8. The free-labor manufacturer is not permitted to regulate tire resale
price of the twine to the farmer, whereas the State may fix,
and in one instance does fix, the profits which those handling
the prison product are allowed.
A manufacturer of twine considered this an unfair advantage,
saying:
The free manufacturer is prohibited by law from fixing a resale or retail price
on his binder twine, while the State prison may fix and enforce the price to the
consumer where the product is handled through dealers, and sometimes this
price is fixed by State law. Free manufacturers do not, and indeed can not,
fix the price of their binder twine with reference to convict-made twine.
Referring to the profits made by retailers handling the free-labor
product one manufacturer said:
W e are under the impression that the average margin of profit now to the
retailer of binder twine does not exceed a cent to a cent and a half per pound
in addition to freight, and that in many instances it is even less.
9. The manufacturers consider their industry specially hazardous be
cause of the wide fluctuations in the cost of raw materials
which control the price to such a large extent. They consider
this industry specially unfitted for the State to go into, as
labor is of minor importance compared with other phases of
the industry.
A large manufacturer made the following statement in this regard:
B y far the greater part of the binder twine produced and used in the United
States is spun from imported fibers— chiefly sisal fiber from the State of Yucatan
in Mexico. Since the re p o rt2 of 1906 was issued, governmental and other
conditions in Yucatan have resulted in wide fluctuations in the price of sisal
fiber. In the 15 years prior to 1915 the average price of Sisal at American Gulf
ports was about 5 ^ cents per pound. W ithin the next year or so the price was
arbitrarily increased to around 19 cents per pound at Gulf ports. This and
other spectacular price fluctuations have involved extreme risk of the money
invested b y twine spinners in fiber.
Further, because the bulk of the fiber used in making American binder twine
comes from a foreign country whose governmental and economic conditions have
long been chaotic, there is always the possibility of a failure of supply which
would leave the twine manufacturers, including the State prisons, with large
sums locked up in twine spinning equipment for which no other use could be
found.
Aside from the flimsy pretext of benefiting the farmer, there is no possible
reason for selecting binder-twine manufacture as a prison industry. The heavy
investment in raw material and equipment and the low proportion of labor
make this industry especially unsuited for the employment of prisoners. In
this respect prison boards and prison authorities have turned against the prin
ciples and theories that appear to have prevailed in all other branches of convictlabor industry. Except as to binder twine, the idea seems to have been to select
the industry which would furnish the largest amount of employment for convict
labor with the lowest possible investment in manufacturing equipment and
raw materials. A t the outside, with labor costs more than 100 per cent above
pre-war .levels, the direct labor in binder-twine costs does not now exceed 20
per cent— a lower figure than is shown by any other important industry.*
* Twentieth Annual Report of the Commissioner of labor, 1905.
COMPETITION OF PRISON-MADE GOODS
135
Another manufacturer disposed of this phase of the question as
follows:
The price of binder twine is largely determined by the cost of the raw material.
In 1898, as a result of the Spanish-American W ar, fiber prices were materially
advanced, which accounts for the marked advance in the price in 1899 com
pared with 1898. During the recent w ar the fiber produced in Yucatan was
controlled by a commission financed by the Mexican Government in connec
tion with an organization of bankers in the United States. This organization
controlled the price of fiber absolutely, which accounts for the very high prices
in effect from 1917 on, and it was not until this fiber control was broken that
prices on twine began to decline. This matter was under investigation by our
Government and is a matter of record.
10. After free-labor manufacturers had perfected machinery and
built up organizations to make better twine at cheaper prices
the prisons were not fair to the industry by operating to the
harm of the free-labor manufacturer.
I t was said by one manufacturer:
It has been the custom through the many years of the manufacture of binder
twine in the United States for manufacturers to give to the general public the
benefits and advantages of improved methods and improved construction of
machinery which such independent manufacturers have developed at great direct
cost and which are the fruit of the activities of such independent manufacturers.
From the inception of the use of binder twine the improvements made by manu
facturers within the United States have been considerable, but not a single
improvement has ever been recorded as the fruit of the activities of State institu
tions of the manufacture of binder twine. On the other hand, the State institu
tions have usurped the benefit of all the improvements made by independent
manufacturers, and consequently the prison plants are not contributing their
fair share to the industry, and if the entire industry were turned over to prison
plants there would undoubtedly be no further improvement.
11. Through efficient methods of manufacture and distribution, the
free-labor manufacturer hopes to supply the best binder twine
at the lowest possible cost.
When he does this he objects to the methods of advertising and
distributing used by the prison twine plants which, as one manu
facturer said—
Frankly fix their price, not upon cost, but upon the price of free-labor twine,
putting it just enough lower to furnish some color for the “ help-the-farmer”
argument and to give the prison product a clear right of way in the market.
The manufacturer then questions whether there is—
In fact, any benefit to the farmer in prison twine manufacture that would
justify the hardship it works upon the citizens of the State who make part of
their living by dealing in binder twine. The facts do not show any such benefit.
It is estimated that in eastern farming territory the average farmer uses about
50 pounds of binder twine a year, while farther west the average is placed at
about 873^ pounds. In figuring on their market, binder-twine manufacturers
estimate the annual twine requirements at from 2 ^ to 2% pounds to the acre.
Prison twine-plant managers have testified at Government inquiries that they
figure their price to consumers at from 1 to 1*^ cents below the announced prices
of free-labor manufacturers.
On this basis the farmer who uses prison-made binder twine is benefited to the
extent of 2J^ cents to 4J^ cents per acre, or, on the average, less than a dollar a
year. Against that “ benefit” the thoughtful farmer might fairly set up the
proportion of his taxes that goes toward providing the capital and supporting the
workers of the prison twine plant.
Another manufacturer questions the benefit to the farmer, saying:
The actual saving to the individual farmer in binder twine amounts to very
little. Assuming that the average farm in the United States is 100 acres, the
136
CONVICT LABOR IN 1923
amount of twine used by the average farmer w ould then be not in excess of 100
pounds and his saying would not be over $1 to $1.50 per year* W hen this is
contrasted with the fact that a State's prisonrmade product does eliminate just
that much honest labor by making it impossible for manufacturers to compete
with the prison-made product, it is a matter which is extremely serious to the
laboring men and to the manufacturer as well.
Another manufacturer explained the situation as follows:
Our impression is that no manufacturer of binder twine attempts to compete
in price with the prison product. Our own aim has always been to manufacture
a product second to none on the market and to make our prices just as low as
cost will permit.
One of the prisons in the M iddle W est adopted a number of business policies
which we believe the average manufacturer would not countenance. For
instance, they arranged to supply a member of an organization with twine at a
quantity price which was determined by the volume of business received from
two organizations, the consolidation of these orders sometimes giving the member
a price 1 cent or more below their regular price. W e believe they have also
accepted orders from dealers for the twine which they would require under
normal conditions and then accepted orders from farmers' organizations in the
same localities, thus depriving them of their market.
Trouble may unfairly be shifted to the manufacturer of free-labormade twine as brought out in the statement of one manufacturer, as
follows:
I f it were possible for the penitentiaries to supply the entire demand at all
times on the above basis, it might not be so bad, since we would probably find
something else with which to keep busy. The worst trouble is that when the
farmer needs a little more twine at the latter end of harvest he must of necessity
buy it from the nearest source of supply, his merchant. H aving to pay a higher
price makes him dissatisfied, because he does not take the time to analyze the
situation and feels that he is being held up by his merchant and the manufacturer,
who is forced to distribute his goods through jobbers and retailers.
12. Since the work in twine mills is either of a laborious nature or
is so light that it can be done by old men and women, manv
manufacturers object to the prisoners doing work which will
not benefit the prisoners physically or mentally or fit them for
work outside the prison walls.
One manufacturer in this regard said:
There is an abundance of testimony to show how unfavorably binder-twine
manufacture is regarded by expert penologists and by philanthropists who
interest themselves in the welfare of convicts. As expressed by such penologists
and philanthropists and by the governors of many States in many messages, the
purpose of incarceration is rather for the reform and regeneration of the individual
than for his punishment; it is to do whatever can be done by the State during his
term of imprisonment to help and fit the individual prisoner toward becoming a
useful citizen upon his release.
The fundamental arguments for establishing prison industries are based on the
thought that they will relieve the terrible monotony of life behind prison bars
and at the same time teach the prisoner how to earn an honest living.
The making of binder twine is necessarily an indoor occupation. It teaches no
trade and develops no skill that is likely to be of advantage to the prisoner after
his release.
Binder twine is produced by free labor in only two of the nine States that have
prison twine plants. Except in Minnesota and Missouri, when a prisoner is
discharged after spending a number of years in making prison twine, he must
go outside that State in order to find work at the trade which he has learned
while in prison. And when he does find a twine plant employing free labor he
w ill discover that much of the work is done by women.
COM PETITION OF PRISON-MADE GOODS
137
13. The manufacturers object to prisoners being employed in the
manufacture of binder twine, as this industry involves large
expenditures of money and comparatively little employment
for prisoners.
This fact is indicated in the statement of one manufacturer, who
said:
Early reports of prison twine plants which were considered operating on a
most favorable basis, in figuring the cost of the product, showed the following:
Per cent
Cost of material.......... ........................ ........................ . 87
Free labor, freight, insurance, etc----------------------------- 6
4
Convict labor___________________________________________
to 90
to
to 5
While there may be some slight variation in the percentages of cost at the present
time, the above illustration will serve to show the relative position of labor and
raw material in the production of binder twine and clearly to demonstrate that
a sudden change in the cost of the raw material might result disastrously.
The most desirable form of prison industry would be the one where labor
represented the greater part of the finished product.
In considering the above statement it should be borne in mind that
the cost of the convict labor is large or small according to what the
State may see fit to give the convicts. I t is a convict-labor allowance,
not a convict-labor cost. Unfortunately the informant did not
state what would be the equivalent cost oi free labor.
Another manufacturer in stating his objections said:
The content of labor in the manufactured article never represents more than
cent of the total cost, which is far below the average of labor content in
manufactured products.
Because binder twine is sold during only a short period of the year and binder
twine must be manufactured throughout the year because the machinery can
not be used for any other purpose, and consequently the investment of capital
and the attendant expenses of storage, insurance, and interest are as high in
binder twine as in any other article of commerce that is known.
Fiber markets are subject to very wide fluctuations, and even within the past
60 days there has occurred a fluctuation of 20 per cent in some grades of manila
fiber, and manila fiber is one of the principal fibers used in the production of
binder twine. The business, therefore, is too speculative to warrant a State
institution entering the business.
20 per
The proposition was stated by another manufacturer as follows:
On the economic side, the manufacture of binder twine is the least desirable of
industries for State prisons. For one thing, it involves large expenditures of
money for equipment and for raw materials in comparison with the number ^
prisoners for whom it can furnish employment.
14. The manufacturers in a farming State where the prison does not
make binder twine object to the manufacture of binder twine
in State prisons other than their own and which their State
can not protect them from, especially when the prison product
is sold within the State under Federal protection to their great
disadvantage.
One manufacturer stated his objections in the following terms:
W e regard the sale of prison-made binder twine in interstate commerce as
absolutely unfair to the interests of those States which have no prison plants,
but do have independent manufacturers of binder twine within their boundaries.
These independent factories represent a large outlay of capital and the benefits
of the operation of these independent factories accrue to the communities in which
they are located, and the unfair competition within such State or community
offered by binder twine made in a prison plant in another State is destructive of
the interests of the community where binder twine is made by free labor.
*8 8
GONVfGE LABOB
m
1923
Though comparisons can not be taken, directly cuball-sufficient -arguments, at
must not be overlooked that Canada protects the binder-twine industry by her
*law which absolutely prohibits the shipment Of any prison-made binder twine
into Canada. The Canadian Government has undoubtedly recognized the fact
that prison-made goods are destructive of and not beneficial to the improvement
of any industry. It might be observed, also, that the United States as a whole
recognizes the unfairness of eonvict-made products in our own laws against the
importation into the United Stats of products made by convict labor.
Another manufacturer said:
Another unfair feature of the situation is in the fact that these penitentiaries
are permitted to market their product outside of the State which finances the
proposition, in States where there are no prison facilities. The only bindertwine business which we have left is conducted in a State where there is no prison
plant.
A large manufacturer said:
This same prison plant now markets quite a large percentage of its twine out
side of its own State, and in recent years has sold twine in one of the western
States,at a lower price than the State-prison plant in that State was able to make
on its own product. It would, therefore, appear that the prison competition at
the present time is now between the prisons themselves. For, as previously
stated, the manufacturer who employs free labor never has and can not now
attempt to compete in price with the prison product.
15. Manufacturers objeet to the practice of some prisons in conceal
ing the identity of the prison-made twine and so branding
their product that a dealer who apparently handles a freelabor-made twine and who in fact handles tne prison product
can sell at a profit below actual cost of free-labor manu
facture.
On this subject one manufacturer said:
For instance, we are inclosing herewith a quotation card issued by------ of
This twine we understand is made by the Jackson State prison at Jackson,
Mich., and is offered by------ under their own private brand of “ ------- ” , with
nothing whatever in their advertisement to show that this is a prison-made
product. In fact, the advertisement states, “ We have sold this twine for years
and guarantee it equal to any twine manufactured.”
You wifi note, as brought out by the above, that the Jackson prison is making
binder twine for------ under their own private brand “ ------- ” and that there
was no indication whatever in the advertisement and we understand this is true
of the stenciling on the bags and tags, to show that the binder twine was a prisonmade product.
The binder-twine plant at Michigan City, Ind., sends circulars broadcast
using the name of the------ Mills, and there is nothing on their letterhead or
in their quotations to show that this is a prison-made product.
We object strenuously to prisons offering any of their products unless the prod
uct is clearly labeled showing that it is prison made, and we also object to any
prison-made products being shipped outside of the State in which it is manufac
tured. We are stating these last two objections only as a second choice, for our
first preference is that no merchandise should be made by convict labor and
offered for sale in competition with honest labor.
This handling of prison-made twine under a trade-mark that would
lead the farmer to believe he is using free-labor-made twine has many
disadvantages, one of which is that the farmer who compares it with
a well-known prison brand may find it inferior and come to the con
clusion that the prison-made twine is better. The manufatiirers all
charge that, with possibly one exception, prison-made twine is
inferior to the free-labor-made twine. With reference to this sub
ject one manufacturer said:
The prison plant manufacturing binder twine in this State has a capacity
which would take care of the farmers’ requirements of that commodity in our
COMPETITION OF PRISON-MADE GOODS
1S9
State, providing the quality was equal to that of free-labor mills and there was
no prejudice on the part of the user against prison-made goods. My observation
of the quality ,on numerous occasions, however, prompts me to state that it is
very inferior to several well-known brands of binder twine furnished by institu
tions using free labor. Furthermore, the penitentiaries sell the binder twine
direct to the farmer at a price generally below the price at which retail merchants
can purchase free-labor goods. Generally speaking, this in itself is unfair com
petition, since it is almost impossible for any manufacturer in any line to deal
direct with the consumer in small quantities as it entails altogether too much
cost of distribution.
HOOTS AND SHOES
It is asserted that the manufacture of shoes in the prisons of the
United States vitally affects the free-labor manufacturers of very
cheap men’s and boys’ shoes. By cheap shoe here is meant shoes
selling at retail about or less than $4 per pair. The cheaper the
shoe manufactured by free labor the more strongly is it affected by
the competition of the prison-made article. No objection was heard
from manufacturers of shoes that sold at retail above $4 per pair.
In 1921 there were 1,505 free-labor shoe manufacturers establish
ments in the United States that made 5,000 or more pairs of shoes
per year. There were only 19 prisons in the United States in which
were made 5,000 or more pairs of shoes per year. Of these 19 prisons,
1 prison operated on the piece-price system, 1 on the contract system,
1 had both a contractor and the State-use system, 4 made shoes
partly for State use and partly to be disposed of on the open market.
The other 12 disposed of their product entirely in State institutions.
No free-labor manufacturer objected to the manufacture of shoos
to be used in State institutions. It may be noted that there was no
objection from the manufacturers of misses’ shoes, women’s shoes,
children’s shoes, slippers, and other miscellaneous footwear, as these
shoes are made in prisons for the use of State institutions only.
All objections to prison shoes may be narrowed to the following
State prison plants and systems:
SHOES MANUFACTURED IN STATE INSTITUTIONS, BY SYSTEM
State
Institution
System
Mnssrt.nhiisp.tts?- ________
Indiana _ __________
Missouri _ ___________
Wisconsin____ _________
Idaho...................................
Michigan.............................
■pfentnoky
.....................
Maryland
_,
Vermont
___________
State prison- _ _ _
.......do_________________
.......do....................................
.......do....................................
Penitentiary.........................
State reformatory.................
Public-account__________
___ do______ ___________
.......do...................................
.......do.......... ....... .................
Contract____ ___________
do
_ ....
Penitentiary.........................
State prison
_
Piece-price -
Total
Manufactured
in year
P a ir s
103,409
34,069
203, 519
9,9<*2
801
778
1,102,295
134,668.
304,373
1,894,024
1
In 1921 there were 286,771,101 pairs of footwear manufactured by
the 1,505 boot and shoe free-labor establishments in the United States.
Of this number there were 87,919,567 pairs of men’s and boys’
shoes, 153,918,659 pairs of women’s, children’s, and infants’ footwear,
and 44,932,875 pairs of athletic, fabric, and miscellaneous foot
wear, as slippers.
As note_d above, the prison-made shoe which certain manufacturers
believe should not be sold in competition with free-labor-made goods,
140
CONVICT LABOR IN 1923
numbered 1,894,024 pairs in one year. These shoes were practically
all men’s and boys’ shoes of the cheaper kind. A large proportion
of men’s and boys’ shoes manufactured by free labor "are of a grade
better than that of the prison product, and so we find the number
of manufacturers making shoes of the cheaper grades small and
getting smaller, due to a lessening demand for the rougher shoes.
Several manufacturers stated that the supply of the cheapest
made men’s shoes is much greater than the demand. The competi
tion to dispose of this type of product was so keen that a reasonable
profit was not being made. Manv of the manufacturers of the
cheapest made shoes stated that they were continuing the manu
facture of the cheaper shoes in the hope that their competitors would
become discouraged to such an extent that they would stop producing
this class of shoes. It was pointed out that the larger number of
possible consumers of their shoes who were now wearing the prisonmade shoes were taken from their trade because the distributors
handling the prison product could sell with a fair profit at a price
below the actual cost of production in the free-labor factories.
The free-labor manufacturers of the cheapest made shoes sav that
their existence as manufacturers will last only so long as the de
mand for their product continues from those persons who are un
able to obtain the prison-made shoes or from those using the cheap
shoes who are prejudiced against prison-made goods being sold in
competition with free labor.
As evidence that it was impossible for the free-labor manufacturer
producing cheap shoes to meet the prices of the prison-labor-made
shoes, one manufacturer showed the bureau’s agent his cost sheets
on one of his cheaper grade shoes. The figures are listed in contrast
with figures on the cost of shoes manufactured in a prison under the
piece-price system, showing how the latter comes into competition
with his shoes.
Per pair
Cost
Free labor
Prison labor
Labor......................................
Overhead...............................
Raw materials, etc.................
$0,467
.350
1.197
*0.14
8.175
81.197
Total................................
2.014
1.512
1This represents the total amount paid to the prison and to the prisoner for the actual labor by the
prisoner; 4 cents of the amount being paid as wages to the prisoner.
2As the prison supplied buildings, workrooms, and power free, and as workmen's compensation and other
classes of insurance need not be paid, and as other expenses that go into the overhead in the free-labor
manufactured article are not paid under the piece-price or contract systems, the figure used was one-half
the overhead cost of the free-labor product.
8 The raw materials were presumed to be the same cost as those of the free-labor manufacturer.
Though the cost of producing each prison shoe is far below the
cost of producing the same kind of a free-labor-made shoe, other
factors enter into the final cost to the consumer which often make the
retailers’ prices about the same.
Among other factors tending to equalize the prices of the competing
shoes are the following: The free-labor-made shoes are more comforta
ble and are more attractive in style and finish. Often a national adver
tiser with a reliable reputation backs the shoes. For some manufac
COMPETITION OF PRISON-MADE GOODS
141 -
fcurers there is a lower cost of distribution by selling direct from the
manufacturer to retailer or public instead of through jobbers. The
cheaper shoes are generally considered a staple article to be sold at
little or no margin of profit and handled only as a means to attract
attention to the better and more profitable shoes. There exists a
general belief that the prison product is inferior to that made by freeabor workers. There is a widespread prejudice against prison-made
articles. Most reliable retailers do not wish to risk their reputa
tion by handling prison-made shoes.
Much of the product of the prisons finds its way into isolated
country and mountainous districts. The retailer who sells to this
class of trade does not seek workmanship. Price is the biggest
factor to him and it is the selling price and not the fact of where the
shoes, were made or the quality of workmanship that controls the
sale.
Other prison shoes are sold in industrial centers often by con
cealing or misleading the public as to the identity of the prison-made
shoe. Manufacturers generally testified that it would be difficult
to sell this product to industrial workers due to their prejudice against
prison-maae goods competing with free-labor-made goods. The
unfair methods of concealing the identity of the shoes and thereby
misleading the public into purchasing the prison product was brought
to the attention of the agent of the bureau clearly in one instance.
A jobber of shoes had in his display and sample room a sign u --------shoes union made.” On inspection of the rougher men’s work-shoes
it was noticed that the jobber had his name stamped on the shoes.
Some of these rough shoes, although made in a prison workshop, bore
the jobber’s trade stamp. As one would naturally suppose on reading
the sign conspicuously displayed in the showroom that all shoes
bearing the jobber’s stamp were union made, one would be led to
believe that many retailers were unknowingly handling this prison
product and that many purchasers were innocently wearing prisonmade shoes, which would not in many instances be done in industrial
centers if this type of advertising had not deliberately misled the
parties.
In the following statement a manufacturer sets forth what his
experience has been in attempting to make the same class of shoes
that are made in prisons and sold m competition with his product:
From the time this company was started up to about six months ago, we
confined our product to a low-price nailed shoe for workingmen and boys’ hard
wear. We had built our business up to about 5,000 pairs daily and had been
successful in meeting all competition until, about a year ago, a concern started to
manufacture this same line in the prison at Windsor, Vt.
Because of the much lower price for labor, which as close as we can estimate
it is 15 or 20 cents a pair less than ours, and great saving in overhead expense due
to not having any capital tied up in plant, which results in large saving in interest,
depreciation, and insurance, we soon found that we were losing to them large
blocks of our business. The normal profit on our shoe is from
to 1 2 cents
a pair. Obviously it is impossible for us to meet this competition, and such we
find is the case.
The result is that our business has fallen off materially during the past year
while we understand this particular prison manufacturer has run relatively very
steadily.
Consequently he has forced us to choose either between so materially shrinking
our production that it is impossible for us to make a profit and at the same time
making it necessary to discharge many of our workmen or to expand our line into
177°—251----10
f
142
CONVICT LABOR IK 1923
other grades*of shoes, leaving the field that he is now occupying. This change of
line necessarily means large expense and no chance for profit for some time until
we are reestablished. In the meantime the prison manufacturer has the field
more nearly to himself, and the general public consequently is not benefited.
In any event the ultimate consumer has received no benefit from the lower
price at which the prison manufacturer is selling the shoes, because of the fact
that the difference between his cost and ours was not enough to materially affect
the retail price, and was largely absorbed by the jobber and retailer as extra
profit.
It is interesting to note that in Vermont there are no substantial manufacturers
of the line of shoes that they allow to be manufactured in Windsor prison. Con
sequently there is no complaint from manufacturers in Vermont, because these
prison-made shoes do not affect their business.
The very great majority of shoe manufacturers undoubtedly are in favor of a
remedy for this evil. The general opinion seems to be that the natural step
should be to pass a Federal law which would make compulsory very plain labeling
and branding of prisonTmade goods, making it impossible for the general*public
to buy such goods without knowing it, and making it impossible for a merchant
to display in his windows or on his shelves any prison-made goods without such a
plain mark that a casual glance would make their origin obvious.
A still better remedy, of course, would be to put this prison labor to work on
public improvements, which might not be justified for many years to come from a
financial point of view, were it necessary to employ free labor. For instance the
State of Vermont could very properly employ its prison labor on its roads to make
more safe and pleasant the visits of the motoring tourists who contribute very
substantially to the income of the merchants and innkeepers, etc., of that State.
A manufacturer of cheap shoes who was discouraged because of the
prison competition said:
We make a mediumgrade working shoe both Goodyear welts and McKays, and
we find it absolutely impossible to compete with prison-made shoes because
their apparent lesser costs on certain large items, especially labor and overhead,
will permit the prison-made shoes to be sold at a profit at a considerably lower
price than our actual cost of production.
A manufacturer having one of the highest efficiency factory
production systems in the country and who has a large distribution
organization stated his experience briefly as follows:
In regard to the competition of prison-made shoes, there is no doubt in our
minds that all manufacturers making shoes of similar grades as made by the
prisons are seriously affected with this competition.
Notwithstanding the fact that the shoes made in the prisons are crude, rough
shoes they are much cheaper than it is possible for any manufacturer to make
them and they serve the purpose for the class of trade they are intended.
Very recently the writer ran into this prison competition in figuring with a
large chain store operator in the Middle West. Although we secured the large
proportion of this accounts business, there are quite a few styles of cheaper
grades that they buy from the prison on account of the cheaper prices.
A jobber handling the cheaper shoes made by small shoe manu
facturers came into direct contact with the problem of the competi
tion of the prison-made shoes and he stated his. experience as follows:
Our experience with jobbing of shoes in competition with prison-made mer
chandise, as gathered from the remarks and conversation of our salesmen through
out the territories we cover, show that it is almost impossible for us to meet
the competitive prices offered by the people who sell shoes made with prison
labor.
We find it a general fact that their merchandise as a rule is manufactured in
an inferior way to that made in regular factories, but the outward appearances
are hard to defect by the average dealer buying this grade of merchandise. The
prices are so much lower than what we offer the same class of merchandise for
that our only selling point or argument is to try to convince the dealer that our
shoes are better.
We, as jobbers, know from our own experience that should prison-made shoes
be eliminated from our markets it not only would add to our business but would
COMPETITION' OP PRISON-MADE GOODS
143
nerease the labor used in other factories supplying our wants, and as these abovementioned prison products could be taken from the market our sales would
naturally increase and cause the increase in the production of the factories who
make merchandise for us.
STOVES
In making the survey of the penal institutions in 1923 it was
found that only one institution in the United States manufactures
stoves. It is in Nashville, Term., and employs an average of 184
convicts on this product, valued in the last fiscal year at $564,178.
Stoves made by many manufacturers are claimed to be of a higher
grade than are those made in prison. Therefore, while competition is
not direct as to grade, many manufacturers stated that whenever
an individual purchases a poorly constructed stove, instead of one
of better quality, the manufacturers of the better grade of stoves
are affected. For this reason every prison stove sold takes from the
market a customer for a higher grade. The manufacturers’ stove
wears longer and gives more satisfaction than the prison-made stove,
because of its better material and scientific and mechanical construetion.
Another factor complained of is the demoralizing effect on the
general market of broadcasting by mail catalogues the low-priced
prison-made stoves. This gives to the general trade the impression
that free-labor manufacturers are making much larger profits than
they really should. It is difficult for the merchant to understand
why there are such large price differences in stoves which are some
what similar in construction and appearance. The prices of convictmade goods have been reported as much as 50 per cent below those
of free-labor manufacturers.
The differences in price, however, may be readily accounted for
when the labor cost is taken into consideration. The prison con
tractor is reported as paying at the rate of $1.25 per day of 10 hours
per man for all classes of labor, including the most skilled stove
molders. Skilled molders in free-labor manufacturing establishments
earn from $8 to $14 per day of 8 hours.
The manager of a large stove company in Georgia says:
This company has never attempted to meet the competition presented by the
prison shops. We have not cheapened our goods nor reduced our quality in
any way and we have not supplanted our skilled labor with cheap labor. We
have found that the difference in price between our goods and their goods of
similar character is so great that it would be impossible to meet their prices.
We fully believe that the difference between our selling prices will run no less
than 25 per cent on many items, even more than this on larger items.
One of our stoves which sells for $45 is practically duplicated by this prison
and sold at $27.50. Our only defense in meeting this competition is to talk
*4better quality.”
Although some territories feel the Nashville competition more than our terri
tory, we believe that this competition is the hardest and meanest we have.
If the convicts were used in unskilled labor, for which we pay very little more
than the States charge for convicts, the competition would not be so injurious,
but when the States contract long-term convicts who do skilled work, at $1.25
per day, wThen our same molders run $8 to $12 per day for the same work and
even shorter hours, the competition is destructive if the company working
convicts is aggressive. We pay from $1.75 to $2.50 for common labor, and
though the convicts working on this class of labor would of course hurt they
would not make competition impossible.
We believe that convicts should work at something that would not be competi
tive, such asroad work, making their own clothes, etc., or the States should work
them and regulate prices on products sold so as to return a larger profit and
144
CONVICT LABOR IN 1923
less volume and keep prices in line with regular-labor shops; or the convicts
:should be leased for unskilled labor that would not make the differential so large.
A large manufacturer in Missouri states that—
We have found it impossible to compete in price with prison-made stoves.
Our only method is to produce a higher-grade article.
One line of our cheap grade of stoves is sold below cost in order to meet the
prison prices and thus retain the entire business of our customers. We think
such competition most unfair.
Another large manufacturer in Missouri states:
We are unable to meet the prices at which the prison-made stoves are sold.
Our product is of much higher quality and is sold on its merits, but many dealers
consider only the price element of paramount importance. An instance is here
cited:
Late last year (1923) and earty this year our Texas representative called on a
former customer and on both visits was assured they would buy our stoves and
ranges when they were again in the market because they knew of their quality,
having some years ago handled them quite extensively. May 1, 1924, the repre
sentative called again, hoping to close the sale, but was told they could not handle
our stoves on account of price difference and had bought their requirement from
a prison manufacturer's representative, Nashville, Tenn.
A stove manufacturer in Tennessee relates the following:
We maintain highest wages with best class of labor obtainable. We keep our
standard of quality the highest. Prison-made goods come in direct competition
on certain grades, and there is no way whatever to combat same except at the
loss of profit.
Contracts must be made early, so impossible to wait. Changing lines will
do no good, as a range is a range or a stove is a stove—no matter by whom made.
Year after year we have made our contracts at legitimate basis of profit only to
be forced to reduce the prices on account of quotation made to our customer by
this unfair convict-labor manufacturer.
One instance is cited where a representative of our company sold goods through
out a certain western territory. A short time after this trip a representative of
the prison contractor covered this same section, with a resulting loss of about
$30,000 to us.
The following statement is from a large stove manufacturer in
M ichigan:
To give you a somewhat clearer vision of our situation in reference to the
manufacture and sale of our quality product in connection with the evils of spread
ing throughout the country, upon a so-called competitive basis, heating and cook
ing appliances made in prisons, would state first of all that our company does a
national business through established agencies, and these agencies rather than
ourselves come in direct competition with prison-made goods.
Whereas no goods in the heating and cooking line that are made in prisons are
equal in quality to our product, yet, due to misrepresentation both in direct sales
and through established agencies on their part, people buy prison-made stoves
at popular prices for what is generally known in the industry as representing a
third or fourth quality article, who would ordinarily buy a quality article made by
representative concerns, all of whom pay their local, State, and income taxes,
and it seems to me as though it is very unfair for householdarticles, such asstoves,
furnaces, etc., to be dumped upon the market through the State institutions
to be in competition, if you please, with the product of legitimate manufacturers
who are carrying out their full duty to the Government along lines referred to.
Therefore, we strenuously and positively object, and want to enter a vigorous
protest against this line of merchandise being produced in prisons and marketed
through their officials or appointed sales agencies.
A large manufacturer in Tennessee states:
This is a subject that has been worrying me for a number of years past. In
fact the competition is getting more severe each year.
Now, in regard to the quality of the material used, I beg to say that on our
highly competitive line of steel ranges we have necessarily lowered the quality
of the material so far as the weight of it is concerned, and at the same time we
COMPETITION OP PRISON-MADE GOODS
145
are endeavoring to purchase lower grade sheets for less money than formerly.
This is because the State prison at Nashville is operating perhaps the largest
stove and range plant in the South.
This competition on this competitive line of steel ranges makes it doubtful
to us as to whether or not we are able,to show a profit, and the line is generally
unattractive to us on that account.
We are now endeavoring to lower our costs by making articles of as light weight
as we can consistently run in our foundry. This, of course, lowers the quality
very considerably.
We have found it absolutely necessary to spend thousands upon thousands of
dollars in putting in machinery of various types and kinds to lower our manu
facturing costs in order to meet this competition.
I regret exceedingly to say that in some of our departments we can not employ
the type of worker that we like to work with because we can not pay him the
wages that he is entitled to earn; therefore in several instances it is necessary
for us to get the cheapest sort of a worker we can find and try to get the maxi
mum amount of work from him. This is entirely against our feelings, but it
is necessary to our self-preservation that we handle the matter as we are doing.
If it were not for this prison labor we could maintain a much higher class of
labor, pay them higher wages, have them better satisfied, turn out a better
quality of work, more of it, and at the same time make a fair return on our
investment.
Three or four of my friendly competitors joined with me a few years since
and put in a bid for the prison labor at Nashville, thereby forcing the present
contractor to raise his bid to the State from 60 cents per day for each convict
to about double that amount, thus increasing his labor cost and automatically
raising his selling price slightly, but while they are getting skilled labor for a
little more than $1 a day, the same class of labor costs us from $6 to $10
per day.
The chief way we have in meeting competition is to lower the personnel of
our employees and secure our labor as cheaply as possible. In doing this we
naturally lower the quality of our product. This applies chiefly to the more
highly competitive articles, but on the articles of real quality and merit we then,
of course, talk quality to our purchasers.
In some instances we stay out of the market almost entirely until the prison
has sold its output. In other sections it is practically impossible to do any
business because of the foothold of prison agencies.
A manufacturer in Indiana states:
Wish to say that the only way we could meet such competition is to seU our
product at an actual loss, away below the cost of production.
In our judgment it is utterly impossible for any manufacturer, no matter
how favorably he may be situated- as to labor conditions, to meet such com
petition, and we only wish that there would be legislation in every State in the
Union prohibiting the manufacture of convict-made goods of every description.
Another Indiana company relates its experiences in meeting the
competition of prison-made articles during the past 40 years:
It has been nearly 40 years since we first felt the effect of convict-labor com
petition. During more recent years the penitentiary at Nashville, Tenn., has
been an active factor. You will readily understand that it is quite impossible
for a plant operating free labor to compete on similar merchandise manufac
tured in a prison shop.
We are not quite certain, but our understanding is that the operators of con
vict shops pay the State from $1 to $1.25 per day for convict help. Their hours
of operation are long, approximately 10 hours daily, and they are required to
produce what is known as a daily task, which, in tonnage, is nearly double what
is being produced in the average free shop. Our skilled molders earn from
$8 to $14 per day, and a like situation obtains in nearly all shops similar to ours.
The argument may be advanced that the total tonnage produced by the prison
shops is relatively small, but you must bear in mind that the operators of the
prison shops scatter their quotations broadcast and when our salesmen, in calling
upon the trade, are asked to meet a price based upon convict-labor cost of pro
duction you will readily understand that we must either pass up the business or
sell our product below cost of production.
We assume that the only method to combat the existing situation is by con
stitutional amendment, and it is our firm belief that every State in the Union
146
CONVICT LABOR IN 1923
would speedily ratify an amendment providing that the product of convict labor
should not become, competitive with a like product produced by free labor.
Assuming that our Government should endeavor to legislate in a manner that
would insure the greatest good to the greatest number, it would then seemreason
able that the employment of all convicts should be of a nature where the result
of their labor would not be offered in the open market in competition with, the
product of free men mid women.
It would seem reasonable to believe that the convicts may be employed in
producing merchandise to be used by the State or Nation and that the mer
chandise might be of a type that could be used for the benefit of all. If their
labor were devoted toward producing road material or in repairing our highways,
it would seem that every citizen would derive at least an indirect benefit.
Another representative of a large stove manufacturing company
in Missouri says:
We will state that we consider the competition of merchandise made by con
victs as unjust. We do not wish to criticize the manufacturers who market such
goods because they of course are engaged in business for profit, but we can not
too strongly condemn the practices of States in farming out or contracting for
the labor of. convicts to manufacture commodities on a basis that no legitimate
manufacturer having his capital invested in his plant can compete with.
It is an injustice also to skilled labor. We do not employ and never have any
but the most skilled labor obtainable for our industry and must pay them ac
cordingly. We do not compete, and never have competed, with concerns who use
convict labor in the production of their, goods. We come in competition with
convict-made goods in certain sections and can not meet the competition of. price,
and in such cases we are counted out and. lose the business.
Our laborers pay taxes, have families, most of them, and thus contribute to the
support of every industry as well as to the Government—convicts do not. They
are an expense to the Government, and in our opinion their time should be em
ployed. in some work which will not come in conflict with legitimate industry.
Competition, with, prison labor in our line has been present for many years,,
some of it has been eradicated by the proper change in State laws. In. someStates,
at least one (Tennessee), we are informed convict labor is still used in making
stoves and ranges.
We can not give you definite figures as to just when prison competition began..
We have long ago disregarded it, have ceased to worry about it, because there is
no use to worry. All efforts to eradicate it proved futile, and we simply had to
resign ourselves to losing the business whenever we have come in competition
with goods made by convict labor.
To sum up, we believe that we are justified in stating, without fear of contra
diction by any unprejudiced party, that the competition of convict labor with the
products of free labor is eminently unfair ancTshould not be countenancedor per
mitted in any State.
An Illinois manufacturer makes the following statement:
Prison labor at Nashville, Tenn., has affected our business very materially
throughout the South and also to a great extent in some of the Northern States,
as it is impossible for any concern to meet this class of competition.
We cite one instance at Memphis^ where we have lost entirely an account
paying us fifteen to eighteen thousand dollars a year. Tn 1918 this account
dropped to almost nothing, also during 1919 and 1920. In 1921, by making con
cessions on freight and also concessions on prices, which represented a loss to
us, we were able to bring this account back to somewhat normal, but the-account
was lost again in 1922- and up to the present time.
We are manufacturing stoves, ranges^ and furnaces, with a national reputation,
built from a standpoint of efficiency in fuel economy made possible by hot-blast
combustion and thorough construction and we could not cheapen this without
affecting the economy of the stove, but the firm in question makes a heater
similar to=ours, which has m a way been copied from it, and owing to their very
cheap labor they have made inroads into our established business, and even
where we are in a position to hold our trade against this kind ofj competition it
affects us in a general way, as it is hard to get the merchant to understand why
such differences should exist in stoves similar in construction.
It is impossible at this time for us to lower our labor* costs, as you are familiar
with the living expenses that confront us to-day, and it is unfair to expect labor
to meet competition of our State prisons^ but with such conditions existing in
COMPETITION OP PRISON-MADE GOODS
147
any line of manufacture you can readily see the demoralizing effect that it has
throughout^
We consider this very unfair competition, and we believe that labor of this
kindcould be used to advantage in building State roads or other State work in
which all taxpayers would benefit alike.
A Tennessee stove manufacturer cites an instance where prison
competition undersold his price 50 per cent:
For a good many years and at the present time we have been having quite a
bit of trouble trying to compete with prison-made stoves and hollow ware. It
seems that in the State of Tennessee prison labor is employed in the manufacture
of stoves. Even when business is good stoves made by prison labor can be sold
a great deal cheaper than those made by free labor. We therefore work at a
disadvantage as lower prices can be made and are made. The only thing we can
do is to endeavor to make a better article and to use salesmanship. Even then,
however, prices can be made so much lower that it is very hard to sell goods as
long as there are any prison-made goods to be sold.
The above is true when times are good. When times are bad and goods are
hard to sell then concerns working prison labor will place on the market large
quantities of stoves at prices which we can not even touch. A concern of this
kind is obliged to pay for the labor even if it is not used, so it is natural that it
•will use the labor and cut prices to a great extent when goods begin to pile up.
Just recently we had a case in Michigan where wre were trying to sell a prospect.
We made him an extremely low price—in fact, just as low as we could and make
any profit at all on it. Just the other day we received a letter from him stating
that he had bought goods from our competitor working prison labor at prices
50 per cent lower than we were able tfo offer. There are hundreds of cases of this
kind, and we can cite dozens of special instances even in our own city where we
are unable to sell anything whatever because of so much lower prices.
We believe that labor of this kind should be used only in making goods used
by the Government or in lines which do not affect manufacturers using free labor.
It is unfair to the manufacturer and unfair to the laboring man to run up against
such competition. We do not mind fair competition—in fact we have plenty of
it without running up against the prison labor. We do, however, believe it very
unfair to us and to the rest of our competitors for the State to allow a firm to
make and sell goods at a lower price than we, free-labor employers, can possibly
make them.
Another stove manufacturer of Tennessee states:
* * * While we do not come in direct competition with these goods, never
theless, the inferior quality of these goods and the very low prices at which they
are marketed undoubtedly has a very demoralizing effect upon the stove industry
as a whole and affects us in an indirect way.
I do not attempt to meet competition with prison-made goods. From about
1896 to 1906 this company was manufacturing a highly competitive line similar
to that made in the prison by the contracting company who had the contract at
that time. Every year during this period showed a deficit and we lost money.
It was only through the development of specialty lines, which were noncompeti
tive,"that we were able to make any progress. If we had to go back and make the
competitive lines that are now manufactured in the prison, we would sell out and
quit business, as we could not make enough money to pay taxes. We believe
this statement will be borne out by the majority of foundries in the South in
competition with prison-made goods. It was only during the war years when
prices were booming and there was a scarcity of goods, that the small stove
foundries in the South were ever able to show a profit.
From my information to-day, conditions are getting back to pre-war years
again, and those stove foundries that are making highly competitive lines similar
to those now manufactured in the prison will have to operate at a loss or go out
of business.
I consider it unfair to the manufacturers of this section who have capital
invested in real estate and buildings to have to compete with prison labor where
the State furnishes the building and power free of charge. The stove-plate
molders earn from $5to $8 a day, average about $7 a day, whereas we understand
the employers of prison labor pay at the rate of somewhere around $1.25 a day.
148
CONVICT LABOR IN 1923
A stove manufacturer in Tennessee says that he has been unable
to meet the actual prison prices, but he is producing better grade
stoves and selling them on their merits.
It has long been considered as unfair competition, but there is no way to meet it.
It is our opinion that the cheap price of prison-made goods works a hardship
on all manufacturers in a direct or in an indirect way, and we believe that ft
this form of labor was abolished the individual manufacturer would have a much
better chance to market his goods at a reasonable profit.
A manufacturer in Indiana states:
The only competitor of ours that is using prison labor for the manufacture of
stoves and ranges is the------ Co. and their particular competition is very
keen, indeed, due to the low competitive cost they have when it comes to labor.
In the event that we are competitors on any particular requirement on our line,
they, of course, are in a position to make sacrifices that leave us out of the deal
entirely.
Another manufacturer in Indiana says:
There is one plant in the South only, so far as we know, running a prison shop.
This is unfortunately a plant of considerable size, and our experience has been
a very difficult one in the past two years.
This firm has come into our own city in fact and sold standard items in the
cook stove and cooking range line at prices which are in some instances less
than our cost. It is obvious of course that a proposition of this kind located
in the center of a territory and operating under very cheap labor conditions can
go a long way toward setting prices on competitive articles.
We have hoped for a good many years that an enlightened public sentiment
would bring about the end of this most unfortunate situation.
A large manufacturer of stoves in Alabama states:
It goes without saying that it is impossible for our free labor to compete with
prison-made goods. Our experience has been that wherever prison-made goods
came into the market, free labor-made goods had to get out. We find now, in
marketing our product over the South, that when we get in competition with
manufacturers using prison labor we can not meet it and simply retire and
leave the field to them.
We have put in every modern machinery and process that we know of to
produce our goods at a minimum cost. We are compelled to pay our labor the
wages and salaries that are current for the same character of service throughout
the local district, but with all the savings and economy that we can introduce
it is not possible for us to manufacture our goods at a price that will enable us
to sell them in competition with prison-made goods of the same character.
CAST-IRON HOLLOW WARE
The statistical tables in this report show that cast-iron hollow ware
was manufactured in two prisons of the United States—namely, Jeffer
sonville, Ind., and Baltimore, Md. During the last fiscal year the
Jeffersonville prison produced 1,888,331 pounds, valued at $124,014;
and the Baltimore prison produced 4,543,100 pounds, valued at
$228,752. Practically all of the above was sold in the open market
in direct competition with that produced by free labor. Cast-iron
hollow ware, which at one time was produced by nearly all stove
manufacturers, has to a large extent been discontinued, due to the
inability of the manufacturers to sell their product in competition
with ware manufactured by convict labor. Ten to 15 years ago
many of the stove companies included several pieces of hollow ware
with each stove sold. In recent years these pieces as well as the
supply for their regular trade have been purchased from the various
irison foundries at prices much less than they can be produced when
ree labor is used.
J
COMPETITION OF PRISON-MADE GOODS
149
The present-day wages paid for free labor, as compared with prison
labor, indicate a difficult problem for the manufacturer, especially
as it has been found that prison labor on hollow ware is worked on the
task system, which results in a production per man per hour equal to
at least that of free labor.
The weekly earnings of molders in free-labor foundries range from
$8 to $14 per day of eight hours, while the rate paid to the State of
Maryland for each convict working on hollow ware is 25 cents per day,
plus *piecework for all work over a specified task. The average
amount paid for this work during the last fiscal year in the Maryland
institution including piece rates, was about 44 cents per day per
convict.
In Jeffersonville the foundry is operated by the State. Convicts
engaged on this work are paid specified piece rates for any quantity
produced above the set task. The prison records show that the
earnings of the convicts during a selected month in a fiscal year
ranged from nothing to $52.65. The average earnings per convict
for the entire fiscal year was $86.48, equivalent to about 29 cents per
day.
In addition to the effects of goods made by prison labor on the
market for hollow ware, the manufacture and introduction of agate
and aluminum ware have together done much to destroy the trade of
the manufacturers of cast-iron hollow ware. Hollow ware made of
agate and aluminum are lighter and of much better appearance, and
therefore appeal strongly to the housekeeper.
A large hollow-ware manufacturer in Ohio says:
We have never be&i affected directly by the prison-made hollow ware because
we have always made a higher grade line. However, because of this cheaper
grade of ware it is difficult to introduce the better grade of utensils, especially
in the South. We feel, however, that if prison-made ware was eliminated, the
public as well as ourselves would be greatly benefited.
A number of years ago it looked as though aluminum ware would force castiron hollow ware off the market almost entirely, but during the past two years
our sales of certain articles of cast iron hollow ware, such as skillets and frying
pans, have increased about 50 per cent. The return to more general use of
these particular articles is largely due to cooks being able to do a higher quality
of cooking with them than with agate or aluminum and also to the large quantity
of inferior aluminum ware which has been placed on the market.
A large stove manufacturer in Pennsylvania states:
We discontinued the manufacture of cast-iron hollow ware and made stoves
only, because it was not possible to produce hollow ware in competition with
prison-made goods.
Three stove manufacturers of Maryland stated that they had
never manufactured cast-iron hollow ware but had always purchased
it from the prison contractor at Baltimore, Md., because it was sold
by him at prices much less than they could produce it with free labor.
A large stove manufacturer in Maryland states:
Until about 10 years ago we made kitchen-range hollow ware on a large scale,
but discontinued it entirely four years ago on account of the very low prices at
which this product was being sold by the contractor of prison labor at the Mary
land Penitentiary. These articles were sold in the open market at about one-half
the price asked for articles manufactured by free labor. Until about 1914 each
cookstove which we sold included four pieces of hollow ware, viz, long frying pan,
round bottom straight pot, spider, and teakettle. For a period of four years
thereafter, all cook ranges were priced with and without hollow ware. After
1918 the sale of hollow ware with ranges was discontinued entirely.
150
C O N V IC T LABOR I N
1923
Another large stove manufacturer in Maryland says:
In addition to stoves, we also manufactured cast-iron hollow ware until about
10 years ago, when it was discontinued due to the strong competition with
prison-made goods at prices we were unable to meet and the effects o f the safe of
large quantities of granite and aluminum cooking utensils on the market. In
some sections of the United States these lighter-weight goods have almost entirely
supplanted the cast-iron hollow ware.
After we discontinued the manufacture of the heavy hollow ware our small
needs were until recently purchased from a company in N ew York State. This
company is now out of business.
The manager of a large stove company in Georgia says:
H ollow ware was manufactured at
practically discontinued on account of
the aluminum business. A large part
pany is now purchased from the prison
than the cost of manufacture by us.
one time to a large extent but has been
the prison competition and the inroads of
of the hollow ware now sold by this com
at Jeffersonville, Ind., at a price much less
Another large stove manufacturer of Georgia, who also produces
hollow ware, states:
Hollow ware was also manufactured at one time, but has been practically dis
continued on account of the prison-made goods. It was impossible to make a
profit and meet prison prices.
A large manufacturer of hollow ware in Tennessee says:
Our goods are very similar and in direct competition with those made in the
prisons at Jeffersonville, Ind., and Nashville, Tenn. In order to avoid this com
petition, as far as possible we market a large part of our products in the fa r W est
and the Northwest. A part of our product is also polished and finished in a
much more superior manner, thereby giving us an additional opportunity in
making sales.
A stove manufacturer in Tennessee stated in substance as follows:
The competition o f prison-made hollow ware and stoves has caused continual
loss in our business fo r many years. Even at the present time large quantities
of prison-made goods are being produced by Tennessee prison labor. The prisonlabor contractor agrees to employ a specified number of prisoners each day at a
specified rate per day, agreeing to pay for them regardless of whether or not they
are kept busy. It is therefore perfectly natural that they would endeavor to
keep them employed at all times. W hen business is poor and their stock of prisonmade goods accumulate their prices are further reduced in order to move the
accumulated stock. The low prices at which these goods are sold makes it
extremely difficult for us to sell our free-labor-made product as long as prisonmade goods are an the market, notwithstanding the fact that our goods are of
better quality. The low prices at which prison-made goods are sold can not be
met. Our method is to produce a better article, and then through expert sales
manship convince the customer of the superior merits of our products.
A large Indiana stove manufacturer who at one time also manu
factured hollow ware, when speaking of prison-made goods, said:
I t has been nearly 40 years since we first felt the effect of convict-labor com
petition. During the early eighties we were large producers of country hollow
ware, sugar or wash kettles, and other kindred products. About that tinje the
State penitentiary at Jeffersonville became quite active in manufacturing
similar merchandise, and at a later date the State penitentiary located at Colum
bus, Ohio, became direct competitors.
One can readily understand that it is qyite impossible for a manufacturer who
is employing free labor to compete in the sale of a similar product which is being
produced by prison labor. It is generally reported that the prison-labor con
tractor pays the State for each convict a rate of $1 to $1.25 per day of approxi
mately 10 hours. It is also reported that the convict is required to perform a
certain daily task, nearly double that of the average free laborer. The wages
paid for skilled free labor are from six to eight times that paid for prison labor.
It has been many years since we have made any of the items of hollow ware,
although we have the patterns and other facilities needed therefor.
COM PETmOET OP PRISON-MADE GOODS
151
A large manufacturer of stoves in Alabama who also produces
hollow ware spoke as follows:
There is one factory being maintained by qpe of the States using prison labor
manufacturing sugar kettles and cast-iron hollow ware. The superintendent
of this factory maintains that the State is in the business of making men and
not merchandise, and it is not a matter of importance to them what they get
for their merchandise. They are even willing to take a loss, if necessary. That
means the manufacture of. this class of merchandise has been considerably on the
decline in free shops for some time, and if the State in question continues this
policy, the manufacturer using free labor will have to abandon attempting to
produce their product at all.
A large manufacturer of hollow ware in Pennsylvania says:
W e sell our line of hollow ware to jobbers, department stores, and hardware
stores and our road representatives advise us at different times that they lost
certain sales in certain stores in Baltimore and around that district on account of
cheap prison ware being dumped on the market at a very low price.
W e have experienced a similar condition through the Southwestern States.
W e believe prison-made goods is unfair competition to the manufacturers of
legitimate lines.
W e are hoping the time is near at hand when the manufacturers of goods made
with the aid of free labor w ill not find it necessary to compete with prison-made
ware.
REED
AND
F IB E R F U R N IT U R E
In making this study it was found that 7 o'f the 104 institutions
covered manufactured reed or fiber furniture valued at $1,580,464,
and furniture of this kind, valued at $1,503,514, was sold in the open
market in direct competition with furniture produced by free labor.
Part of the products of 2 of the 7 institutions, amounting to only
$10,373, was exclusively for State-use purposes.
The States in which the prisons are located and the value of the
articles produced for sale in the open market are as follows:
Illinois______________________________________________________
Indiana_____________________________________________________
Kentucky__________________________________________________
M ichigan___________________________________________________
South Carolina____________________________________________
Virginia_________________________________________
$110, 288
161, 796
503,750
478, 935
214, 370
34, 375
Total________________________________________________ 1,503,514
The very large amount of time consumed in production results in
high money labor cost to the manufacturers of reed and fiber furni
ture and makes competition with prison labor a most difficult prob
lem. The labor.cost on some pieces of reed goods is as much as 75
per cent of the total manufacturing cost, including the material.
Therefore it can readily be seen that the manufacturer who pays
prevailing wages to free labor, compared with the small sums paid to
the various States for convict labor, faces a condition that is extremely
difficult to meet successfully. To make this more difficult in some
localities, goods are manufactured in buildings furnished by the
State, frequently including power, light, and heat, thus also eliminat
ing the large overhead cost which has to be met by competing manu
facturers.
To amplify the above, one manufacturer gives cost and selling
price details on a specific rocker, material cost $4, labor cost $12,
selling price $28. A similar prison-made chair was sold for $17.33.
152
C O N V IC T LABOR I N
1923
In another statement a manufacturer quoted a cost price of $10.13
f. o. b. factory to a large prospective customer for a special style
. chair, which was also being made by a prison contractor. This order
was obtained by the prison contractor at $8.03 delivered to the custo
mer over 1,000 miles* distant from this factory.
A large manufacturer of reed furniture in Ohio states:
For years the reed and fiber furniture industry has been dominated by prisonmade goods, forcing legitimate manufacturers to low prices and low quality as a
result. The largest concerns that have been identified with prison labor in the
past are t h e ---------- Co., of Michigan, and t h e ---------- Co., also of Michigan.
There are in addition numerous other concerns that we understand have prison
connections.
The above-mentioned concerns have grown to be the largest of their kind in
the country, largely through their labor advantages. As a result, those con
cerns employing outside labor have been forced to keep down their profits and
their quality in order to compete. These concerns have been in business for
years and, of course, are taking orders away from us every working-day.
A manufacturer of reed furniture in Pennsylvania relates bis ex
periences as follows:
Our greatest competition is from the prisons of Michigan.
Labor is about 80 per cent of our actual cost— and convict-made goods of design
somewhat similar to ours, but of inferior quality, sells for about 33J6 per cent
less than our product.
Our cost and selling price figures for a particular rocker are as follows:
Labor cost__________________________________________________________ $12
Material cost______________________________________________________
4
Overhead cost and profit____________________________________________
12
Selling price------------------------------------------* ____________ __________28
The wholesale selling price of same rocker made by prison labor is $26, less
various discounts according to amount of order, 10 per cent, 15 per cent, and
even 33J^ per cent on six carload lots.
Another manufacturer of reed furniture in Ohio states:
* * * W e have not been able to directly compete; in fact our only chance
is to make something different, which usually means higher-priced goods, in
order to keep away from prison-made goods.
Reed or fiber furniture is especially adapted to prison manufacture, as it
requires comparatively little machinery in its manufacture. As labor is the
chief cost in reed or fiber furniture, you can easily understand what this com
petition means to a reed or fiber manufacturer when he has to pay from $3 to
$5 more per day for labor.
I have spoken to superintendents of prison factories and they told me that
prison labor is equal to outside labor, and in fact in some ways better, as it is
always punctual, steady, and satisfactory. W hen it costs from five to three
times less for labor you can see that on the particular items made b y it com
petition in a free business is out of the question. If the penitentiary would get
the market prices for their labor, then the competition wouldn’t be. so bad. It
would seem, however, that this competition, as it is, is wholly unfair to those
conducting free business and should be abolished if some other w ay can be found
to employ our convicts. .
I t would seem that there should be an abundance of labor necessary to the
manufacture of things used by the penitentiaries to relieve the necessity of these
factories going into competition with free business.
I f such manufacture can be found, we surely and sincerely protest against
the present employment of prisoners engaged in the manufacture of reed and
fiber furniture in competition with us. It is galling, indeed, to have to face
such competition and we believe wholly unfair to those engaged in this par
ticular line.
A manufacturer of reed and willow furniture in Illinois states:
In April, 1924, our representative called on two customers in a small city of
this State. H e failed to sell either of them because of prison-made goods. One
COMPETITION OF PRISON-MADE GOODS
153
of these customers had already purchased a supply of these prison goods. The
other customer had discontinued selling reed furniture because he could not
meet the prices of his competitor who was selling prison-made goods.
Our experience has been that the retailer can sell the convict-made goods at
retail for the same price that we are obliged to ask wholesale. W e have therefore,
been unable to sell anyone where they have convict-labor merchandise.
A large manufacturer of fiber furniture in Wisconsin complains
that—
The fiber business was hit harder than perhaps any other by convict labor as
there are large fiber factories in Illinois, Indiana, and Michigan. These firms pay
less than 25 per cent as much for their labor as we do; they turn out inferior
products, which reflects on the fiber business and makes it very hard for regular
manufacturers to distribute reliable goods.
Our representatives in Memphis, Tenn., complain seriously that they are
losing business in their territory from this same cause. W e have recently not been
able to s e ll---------- at Kansas City, and on investigation we find that they are
buying goods at a price that we could not hope to duplicate.
A fiber furniture manufacturer of Pennsylvania relates his experi
ences as follows:
W e have recently been seriously handicapped in the sale of fiber furniture at
a reasonable price because of the fact that prison-made fiber furniture, originating
in Columbia, S. C., and Richmond, Va., is being offered to retailers at a price
actually below the cost of labor and material at present rates. This prison labor
is often secured at a price of a few cents per day. The price was formerly as low
as 40 cents and most likely in the South at the present time is no higher than this.
This statement alone will prove to you that the manufacturer of fiber furniture
in competition with prison-made furniture, when labor is paid a price of $4 to
$5 per day, is an impossibility.
Another manufacturer of fiber furniture in Ohio who is endeavoring
to meet this competition by producing a better grade product states:
W e can not meet competition with the prison-made goods. W e are endeavoring
to make a better line of furniture, convincing our trade that it is to their advantage
to handle same. However, competition with prison-made goods makes it quite
difficult to operate with a fair return on our investment. The workmen in our
factory are paid living wages.
Another manufacturer of furniture in North Carolina, who has
recently extended his business to include fiber goods, finds it very
difficult to meet this prison competition even though he is paying low
wages and is producing a better grade of furniture than is made in
prisons. H e states:
There is no method we can employ to meet competition. W e necessarily have
to keep wages lower than we would if we did not have to compete with prisonmade goods. The only w ay we can get by at all is to produce a higher grade of
goods, and this is very hard to do. W e know of no time when prison-made goods
are oversold— in other words, they are continually on the market.
Prison-made hand-woven fiber furniture is particularly hard to compete with
on account of the fact that the labor item is such a large part of the cost of manu
facture. In some instances we find prison-made goods offered at a price less than
our actual cost.
W e have only recently gone into the business, and so far we have been able
to do very little business although we are experienced furniture manufacturers
and our failure to be able to do business is entirely due to prison competition,
which is much worse than we had anticipated. In investigating this business we
found a very low rate of wages prevailing in towns where the manufacture of our
• class of goods was the main industry. Our prison competition comes largely
from South Carolina and Michigan, with lots of it also from Virginia and Indiana.
W e think Pennsylvania prisons also produce some fiber goods. This is a serious
situation for those of us employing free labor.
A large fiber furniture manufacturer of Wisconsin cites an instance
where an order for goods amounting to between $6,000 and $7,000
C O N V IC T LABO R I N 1923
154
was lost to a competitor who was selling prison-made goods. The
customer acknowledged that the free-labor product was o f a much
higher grade, but he considered the prison goods a better business
purchase.
A large manufacturer of fiber furniture in Illinois states that it is
extremely hard to sell, certain lines of his product which are in com
petition with prison-made goods. His statement follows:
It is only natural that we can not pay normal wages and at the same tame
compete with furniture produced with prison labor. A s an example, we have in
mind a chain of furniture stores which buy practically all of their upholstered
woven furniture from us. W e are, however, unable to sell them nonupholstered
or all-woven furniture which they secure through prison, labor.
I t is difficult to estimate just how much business we lose because of the prison
product, but w e are inclined to believe the volume is quite serious.
A large fiber furniture manufacturer in Wisconsin gives details
regarding the loss of an order to a prison competitor:
An old customer of ours who had used prison goods for a number of years
expressed a%desire to change back to our goods, because of the inferior quality
of the prison product. H e asked for a bid on 300 rockers of a special style,
which we quoted at $10.13 each, f. o. b. our factory, which represented factory
cost price, allowing for no profit or selling expense. W e have been advised by
this customer that he has placed his order for these rockers with the prison
company at $8.03 delivered, and this merchant is located over 1,000 miles from
the source o f supply.
This is the only experience we have had during the past tw o years because
we have not quoted when we knew that we were to quote in competition with
prison-made goods. It was stated at the time they asked for this quotation that
about 50 dozen pieces would be wanted.
Another Wisconsin manufacturer who is unable to compete with
the prison-made goods says:
The Jackson, Mich., prison-made goods give us the greatest competition because
it is impossible for us to manufacture goods to meet their prices. Our only
salvation is to manufacture higher grade merchandise, because we simply can
not compete with their prices.
WOODEN CHAIRS
The statistical tables in this report show that wooden chairs valued
at $941,440 were manufactured in 13 prisons. The product of 7 of the
13, amounting to $815,994, was sold in the open market in direct
competition with chairs produced by free labor.
The States in which competitive prison factories are located and
the value of the chairs sold m the open market are as follows:
Illinois___________
Iow a______________
M aryland________
Massachusetts___
Nebraska________
N ew Ham pshire,
Oregon___________
w—
...
...
...
...
___
....
$61; 641
302,404
90,000
21,112
121,667
218,000!
1,170
T o ta l.......................................................................... 815, 994:
In some institutions chairs are produced on a very large scale.. „
One prison was reported as having increased its capacity in a few
years from 2.5 dozen to about 100 dozen, per day. This condition is
quite seriously affecting many of the manufacturers of the same
grade of chair, resulting in part-time operation. A few manufac
turers send the chair seats into near-by homes to be caned; the work
COM PETITION OF PRISON-MADE GOODS
155
being done b y women and children during spare time at very reason
able piece prices. Even under these conditions the manufacturers
are unable to compete with the prison prices. A ll manufacturers
of low-grade wooden chairs visited during this study were found to
be strongly opposed to the use of convicts in the production of any
commodity to be sold on the open market in competition with articles
manufactured by free labor. Companies also complained of the
methods used by the prison contractors in obtaining new designs.
I t was reported that instead of employing a designer, they simply
copy any chair found in the various manufacturers’ lines wnich may
suit their fancy. These chairs when purchased are dismantled and
the parts used as patterns for convict-made goods. This results in
the production of identical goods and makes the competition much
more difficult to meet.
A manufacturer in Massachusetts whose products are in com
petition with products from the prison at Concord, N. EL, submits
the following statement covering cost and selling price:
Chair No. 1
Material cost____________________________________
Labor cost_______________________________________
Overhead and profit____________________
Wholesale price (per dozen)____________________
Wholesale prices of similar chairs made in
Concord (N . H .) jail (per dozen)_____________
$3.
3.
3.
10.
Chair No. 2
33
12
55
00
$4. 87
3. 31
3. 82
12. 00
9. 00
10. 50
A large chair manufacturer in Wisconsin complains that prison
contractors copy his designs and on account of the very cheap labor
cost are able to sell at a much lower price, thus causing customers to
think the manufacturers using free labor are making much larger
profits than they should. His statement is as follows :
W e are glad of the opportunity afforded us in being able to get something off
our chest that has been most discouraging at times without even a ray of hope
in the form of a relief. For years we have complained and have made efforts to
stop this unfair practice, but it has been impossible to secure results.
W ith reference to competition of prison-made goods, we find that this is the
keenest in the northwest. Here our products are coming in direct contact with
goods manufactured at the Fort Madison (Iow a) prison. They are turning out
a line of chairs very similar to our N o. 44-14, which is a wood-seat diner. Their
price is $1.80 each, and we are forced to sell ours at $2.75 each in order to meet
the regular trade competition, and at that we are not showing a profit on this
type of chair. They are also turning out a wood-seat chair similar to our No.
31-14 selling at $2.25 each, while our price is $3.25.
In the box-seat diner line they are selling chairs at $3 each, which compare
favorably with our N o. 880^17L, on which our price is $4.65 each. In the auto
mobile-seat rocker line they make a chair that sells at $6.75 each, and our price
on that type of chair is $8.35 each.
Upon further investigation we find that the dealers in [some towns in] Iow a
are buying this line now, while they had been good accounts of ours.
It appears to us that most of the prison-made chairs are merchandised through
jobbers, and since these chairs bear no labels it is quite difficult for us to ascertain
just which patterns are prison made. W e are therefore safe to assume that a
great many chairs which are being sold at such ridiculously low prices must be
prison-made in order to be able to be so sold under present competitive condi
tions.
It is needless for us to state that we think it unfair for an individual to prey
upon the services of prisoners and pay the State a paltry sum (the last we have
heard, 20 cents to 30 cents a day),, permitting the product to be in direct compe
tition to men who are trying to make an honest living, be law-abiding, and raise:
their families properly.
It has been the means of demoralizing the entire fabric of the chair industry,,
and in times of slight depressions in business, such as we are undergoing right
156
CONVICT LABOR IN 1923
now, we are made to fully realize the low position as compared to other manu
factured products this industry is enjoying.
In this letter you have some direct price comparisons. It will be surprising
for you to know that if a merchant buys a straight car of this product he receives
from 15 per cent to 20 per cent discount— our terms are 2 per cent.
They haven’t a designer. Whenever they see a chair that appeals to them
they copy it outright and undersell us so badly that we are made to appear
before the furniture trade as being unfair.
W e have severe competition with the chairs produced at the house of correction
at Milwaukee, W is. Whenever there is a quantity of chairs required by the trade
in Milwaukee we are unable to secure the business. The best stores in the city
are forced, through competition, to buy the biggest end of their chair require
ments from the house of correction. State Street store buyers in Chicago do not
hesitate to ask us to meet the prices and are much surprised and chagrined when
we tell them it is impossible.
Another large chair manufacturer of Indiana relates his experiences
as follows:
Our complaint is against t h e ---------- Chair Co., prison contractors, who
manufacture cheap, double-cane-seat chairs like the N o. 1 pattern we have
been making since 1865. One of our plants is equipped to make this partic• ular type of chair and is not adapted to making other types. W e have been
reducing our output in recent years, but understand that the Frankfort firm has
increased theirs. A few years ago this prison turned out about 25 dozen chairs
per day, but at the present time this output is about 100 dozen per day, and it is
getting more difficult each year to compete against them because of their exceed
ingly cheap labor and low overhead expense. During normal times we do not
feel their competition to such a great extent, but when business is quiet they
seem to figure that they must keep running steadily, and to do so they sell their
chairs considerably under the market price. W e had so much complaint from
our jobbers during the January furniture market in Chicago that we reduced our
price from $10 to $8.50 per dozen, or down to our cost, in order to offset this
competition. But the unfortunate condition is that while we are operating
without a profit, or perhaps at a slight loss, t h e ---------- firm is able to make a
profit because of their cheap labor and low overhead above referred to. A t least,
we figure they can make a profit, judging from their past practice in selling cheap
during slow times.
W e have had competition of this sort off and on for a good many years, and
once before from their predecessors in the same reformatory, but in our opinion
it has never been so acute as in the past few years, due no doubt to the increased
capacity of their plant. W e have been operating a factory making this particular
chair for 59 years, and give employment to the women of the community in their
homes, weaving the cane seats, as well as to 65 men in our factory. W e feel
obligated to keep our employees busy and are as anxious to give them work as
the Frankfort people are to keep running steadily.
W hen business was good the prison contractor sold his chairs at a reasonable
price, but when business was poor they sold at prices where they made a small
profit, yet below post price to free-labor manufacturers. A t the present time
the prison is working full time and disposing of their product while the free-labor
manufacturers of this section are working only three days per week and storing
a part of that product with the hope that business will be better. In order to
keep the plant operating a part of the product is now being sold below cost.
W e will not attempt to argue the injustice of prisoners competing with free
labor, as we think there is but one side to that argument. The question is, H o w
much longer are the State and Federal Governments going to permit it?
A North Carolina manufacturer relates his experiences as follows:
W e find it practically impossible to meet competition on prison-made chairs.
I t is simply a question of our delaying marketing until prison goods are sold.
W hen one of our customers has been sold prison-made chairs the only w ay we
can hope to sell him again is to wait for an opportunity when a sufficient supply
can not be secured from prisons.
O ur strongest competitors are the prisons at Joliet, 111., and the Detroit (M ich .)
House of Correction. The Richmond, Va., and Columbia, S. C., prisons are
also quite a factor in chair production, though not manufacturing chairs of the
same materials as we use and therefore not directly competitive; a chair is a
C O M PE T IT IO N OF PR ISO N -M A D E GOODS
157
chair and answers the purpose, thereby indirect competition. W e appreciate
the fact that prisoners must be employed, and we think the most practical way
not to interfere with the product of free labor is the regulation of manufacture
in prisons so that it be restricted to articles that can be used or consumed by
prisoners or exchanged or sold to other prisons or for governmental purposes.
The following is the statement of a manufacturer of medium-grade
chairs in Illinois:
While making a standard line of chairs, we found competition keen from the
house of correction in Milwaukee, Wis., and the State prison at Fort Madison,
Wis. The first-named place, copied our patterns and put them on the market
for about one-half the price we could sell them.
* * * H ad to change our entire line to a higher grade of goods and seek a
different market, which has cost us a great deal of time and money, but as the
less prosperous times come along we need some of the quantity market to exist,
and in order to do so there ought to be fair competition.
A large manufacturer of medium-grade chairs in Massachusetts
states:
* * * The prisons confine themselves to the cheaper grades. The goods
made in prisons force the makers of the low-priced chairs up into the better field,
and in this w ay we directly suffer because of prison competition.
The source of the trouble lies in the fact that while prison contractors pay the
same as we do for materials they are able to secure the labor necessary for the
making of chairs at about 50 per cent of the price which we have to pay in the
open market for labor.
This gives prison contractors a great advantage. They have in some cases
put in highly specialized machinery, and they produce the largest number of
chairs possible per man, as is quite natural, if they once secure a contract.
Another manufacturer of wooden chairs in North Carolina states:
W e either have to cut our prices on chairs, thus losing money, or delay market
ing our goods until the prison goods have been disposed of.
W e are eternally against prison-made goods being thrown on the market. It
is not fair, just, or right to the legitimate manufacturers in this country who are
paying taxes and high wages and trying to make an honest dollar.
Chairs are being made in the State prison at Columbia, S. C., and Richmond.
Va., which goods come directly in contact with us— keen competition. They
sell their goods much lower than we can.
A large manufactm*$r of wooden chairs in Michigan states that
prison-made goods are sold throughout the entire country at prices
which the business world can not meet.
Each of these institutions uses the building in which it is located, which is
purchased by the State, as is the machinery, and the labor, if paid, is paid by
the State. They do not have capital or overhead expenses, and we have seen
chairs sold by these institutions at about one-half of what we must get for our
chairs in order to continue in business.
W e have had lines of chairs that we have manufactured to a considerable
extent which we have been obliged to practically discontinue, for the reason
that we could not secure business on this class of goods as it was in competition
with that made by State institutions.
A few years ago this company sold between two and three hundred thousand
dollars worth of chairs similar to those made in prisons, but the competition was
so strong that those lines of chairs were practically discontinued and to-day
this business amounts to only about $50,000.
A Missouri company states:
* * * The main competition we have noticed has been from Fort Madison,
Iowa, and Joliet, 111. This competition is quite severe, and we have no chance
to compete with the prices they are offering on cheap chairs and dining-room
chairs.
177°—25t-----11
158
CO N V IC T LABOR I N
1923
I noticed on my last trip to Peoria and Quincy and Springfield, 111., they were
buying chairs at these points, and we had no opportunity of selling our product
in direct competition with chairs made at the State penitentiaries.
Another manufacturer in North Carolina states:
In meeting competition on chairs manufactured by prison labor we are forced
to pay our help less and make cheaper goods. W e find chairs manufactured in
prisons are sold cheaper than the. actual cost to us. During dull season we are
forced to close our plant until the chairs made in prisons are sold.
A chair manufacturer of Missouri states that his company is
continually in competition with prison-made goods in both the
retail and the jobbing markets all over the country, every day in
the year.
In order to avoid as far as possible this competition, specific articles similar to
those made in prisons were discontinued. This change cost the company $15,000
in machinery now lying idle. The adjustment of wages is one of the complica
tions met in fighting this competition. The jobbers in this city handle goods
from the prisons at Fort Madison, Iowa, Frankfort, K y., and the house of cor
rection in Detroit, Mich.
A chair manufacturer of Tennessee says:
*
*. *
Prison labor when so used, is simply swatting the law-abiding
citizen in the face who has to depend on a living by working in the various fac
tories, and these factories when they have to compete with prison labor have to
pay such a low wage that some of these men can hardly make an honest living
and no doubt forces some of these men to do things that- send them to the peni
tentiary.
The quality of our goods is superior to that of prisons. In order to keep in
business a certain profit is necessary; therefore, when our goods can not be sold
by showing the customer that they are of better grade, we simply go to some
other section in order to try to avoid prison customers.
The following statement indicates that a Michigan company was
forced to discontinue the manufacture of the lower-grade chairs
because of prison-made goods:
Due to the fact that the house of correction in Detroit makes chairs, we have
had to drop entirely from our line any chairs selling below $6 each, as we can
not compete with prison-made chairs in view of the prices we have to pay for
our labor.
It means also that we have dropped from our line all oak chairs and are making
nothing now except walnut and imitation walnut, which I understand are very
unsatisfactory to make in prisons, due to the softness of the wood, and is much
harder to handle without denting.
There was no alternative for us but to get out of the cheap-chair business.
Another manufacturer of North Carolina states:
The popular double-cane-seat chair is now being made and sold b y prisons
at a price at least 10 per cent lower than we can produce it in our factory. This
condition has caused us to work short time, with but few men, and losing money.
I t is unjust to any factory, to its men, and to its stockholders to be forced to
meet such competition.
A manufacturer in Georgia states that his company can not meet
the prison competition. They try to maintain their regular prices
by producing a better chair than is made in prisons and by avoiding
as far as possible the territory where prison goods are sold.
Our hardest competitors that we come in contact with are from Concord, N . H .,
and Frankfort, K y. W e get some others, but these two are the hardest that we
have to contend with.
COMPETITION OP PRISON-MADE GOODS
BROOMS
AND
W H IS K
159
BROOMS
The statistical chapter of this report shows that brooms valued at
$1,806,562 were produced by convicts in 12 State prisons and 1 Fed
eral prison in the United States, and that brooms valued at $1,517,338
produced in 7 of these institutions were sold in the open market in
direct competition with brooms manufactured by free labor. In 10,
the product amounting to $77,075 was for State use only. The States
in which these prisons are located and the value of this product are as
follows:
VALUE OP-BROOMS PRODUCED BY CONVICT LABOR, BY STATE
State
Arizona..................................
District of Columbia.... .........
Indiana...................................
Kansas Federal PenitentiaryKentucky...............................
Maine.....................................
Massachusetts........ -..............
Missouri.................................
Montana.................................
New York........................ ......
Oklahoma........................ ......
Pennsylvania..........................
West Virginia.........................
Wisconsin............. .... -_____
Total..
Produced
by convict
labor
Sold
in open
market
$50
2,333
8,615
2,396
845,360
159,385
38,537
441,678
570
40,979
1,857
15,060
249,742
845,360
159,385
35,230
224,552
1,806,562
1,517,338
$1,756
251,000
55
Used for
State
purposes
$50
2,333
6,574
2,396
6,678
570
40,979
1,770
15,060
665
77,075
I t will be noted that the sum of goods sold and goods used may not
equal the total amount of production shown in column 1. This
difference is accounted for b y reason of the fact that in some instances
goods were sold or used that were on hand at the beginning of the
year, or that goods produced within the year remained on hand un
used or unsold at the end of the year.
A ll of the broom manufacturers expressing an opinion on the
subject are opposed to the sale of convict-made goods in the open
market. Practically all are in favor of working convicts on Stateuse materials, on State roads, or in agricultural pursuits. M any
suggested that all goods manufactured in prisons should be labeled
“ prison made” in order that the purchaser may know that they
were so made. Some advocate a Federal law prohibiting the ship
ment of such goods from States in which manufactured. The
methods used by the convict contractors in marketing their goods
were severely and universally criticized. These prison brooms are
marketed at prices varying from $1 to $3 per dozen less than those
made by free labor. One mstance is cited where these brooms were
sold at $3.75 per dozen, which is far below cost to free-labor manu
facturers. The only method of meeting this competition is through
the production of high-quality goods above the competitive grade.
It was frequently stated that prison contractors had agreed to pay
for a specified number of convicts each day of the year. During dull
periods of business this specified number of prisoners were kept at
work regardless of whether or not the product was sold. In this way
large quantities of brooms were accumulated. In order to relieve
congestion these would be shipped in carload lots to large cities where
160
CONVICT LABOR IN 1923
they would be sold at prices below the cost of manufacture with free
labor. This of course affected sales of the manufacturer very mate
rially and even caused some factories to close down until the prisonmade brooms were sold. The manager of one establishment in Wis
consin stated “ that prison-made brooms from Missouri are occa
sionally shipped into our section of the State and sold at prices below
actual cost of manufacture. For brooms that cost the company $4.68
per dozen to manufacture, with a labor cost of $1.51, the company’s
selling price was $5.25, while the prison broom was sold in that section
for $4.45,” or 23 cents per dozen less than it cost the company to
produce, notwithstanding the large transportation cost from Missouri
to Wisconsin.
The manager of one company in Georgia stated that “ it was impos
sible to meet the price of prison-made brooms. Their only method
of competing was through quality.” A contract for 100 dozen
brooms per week had recently been lost due to shipment of prison
goods into that section: H e further states:
A considerable percentage of our output goes into the jobbers’ hands within
the State of Georgia. W hen we come in competition within this territory, the
prison-made brooms which are manufactured in the States of Kentucky, Missouri,
and M aryland, there is no w ay in which we can meet it, but have to withdraw
from the immediate vicinity.
The material used with the exception of the broomcorn is all standard as to
quality and price. The broomcorn originates in the same territory that we buy
from. The quantity put into each broom or dozen brooms can not be reduced.
There is very little variation in the machinery used in all broom factories in the
United States. Our wage rates are approximately the same as required by the
broom maker’s union. There is very little chance to reduce the labor cost to help
reduce the price of the goods to the jobber.
The prison-made brooms are from 50 cents to $1.50 per dozen cheaper than we
can make them, which in terms of percentage means from 15 to 35 per cent.
The condition has been in existence for at least 20 years, maybe longer than
that. There is absolutely nothing that can be done to meet it except use inferior
broomcorn, and no business can last long at that.
I t is impossible to reduce the price of labor; there is no labor-saving machinery
that we have not already got; the material other than the corn is standard both
as to quality and price.
I f it were possible to influence the legislators of the States above named to
prohibit the dumping into this southern market of their convict-made goods,
or to prohibit the making of these goods within their own borders, we could run
our factory more steadily, and in the long run our labor would receive much more
for their work or would receive much more work than they are now getting.
A manufacturer in Ohio relates his experiences:
* * * W e have long since found it impossible to compete with convict-made
goods, and when placed in such unfavorable position we have learned the lesson
that hats come to all legitimate manufacturers, viz, to retire as gracefully as possible
and leave the business for the prison factories, recognizing that such competition
is ruinous and if followed up would result in very serious loss to outside factories.
In some sections of the country we have been deprived of any business what
soever, due in the majority of cases to the competition from prison factories.
This is true in particular in W est Virginia, at such points as Wheeling and Clarks
burg, where jobbers deal extensively in prison-made products and are in position
to undersell outside factories at a range of from $1 to $2 per dozen. This compe
tition has been in evidence during our entire experience in the broom-manufac
turing business, extending over a period of 26 years.
W hile it is true that the Ohio State prison has discontinued the manufacture of
brooms to be sold in competition with free labor and the legislature has enacted
helpful legislation, yet the trouble has not abated, due to the fact that Congress
has failed to act and pass laws that will prohibit the shipment of convict-made
goods out of the State in which they are manufactured and into States that have
enacted prohibitory laws as far as their own institutions are concerned. A t the
C O M PE T IT IO N OF PR ISO N -M A D E GOODS
161
present time we are confronted with competition from Moundsville, W . Va.,
Frankfort and Eddy ville, K y., and workhouse located at Allegheny City, Pa.
In our judgment convict labor in competition with free labor can be eliminated—
first, by enactment of law referred to above; secondly by placing convicts on
noncompetitive work both in and out of the prison. W hen once the States that
persist in employing convicts for profit are compelled to dispose of their products
within their own boundaries, it will not require any further legislation for the
authorities to see the wisdom of placing their convicts on State work such as road
building, or manufacturing for State and municipal consumption.
Another manufacturer in Ohio stated that his sales to one partic
ular customer during the month of January, 1924, amounted to $248.
On account of prison-made brooms his sales to this customer during
the next two months amounted to only $34.25. In April prices were
reduced in order to meet this competition and sales to the abovenoted customer were made to the amount of $540. This same com
pany had similar experiences with two other customers. He also
stated that:
* * * Sometimes it is hard to trace the source of supply for the reason the
prisons are printing labels with jobber’s own name in order to keep the public
from finding out who is buying them.
* * * If we would delay marketing our goods, we would be out of business
because the prisons are working this trade all the time. The broom-manufac
turing business pays the lowest wages of any industry we know anything about.
It is almost impossible to keep help on account of the low wage, due to being com
pelled to compete with different States that are in the broom business not for
profit.
Unless this condition is met we intend to discontinue business, for we are finding
it impossible to meet this condition. W ith the city taxes and Government reports
and income taxes all to be met it takes so much of our time and efforts that
nothing is left.
Another company in New York State has had the following
experience:
As to meeting competition on prison-made goods, we have no method of meet
ing such competition. In the sections of the country where we come in compe
tition with prison-made goods we have to give way to prison-made goods until
after same are marketed. This means curtailment of output and reduction of
the number of free and independent employees. W e could not meet compe
tition by reduction in wages, as we have to meet competition with all other organ
ized and unorganized free labor.
Neither can we lower the standard quality of
our output; therefore we have to maintain prices conforming to the high grade
of our brooms and whisk brooms. Neither could we change the line of our goods
produced, as we have made them our standard. Therefore, you can readily see
wherever and whenever we meet competition with prison-made goods we have to
give way until these are marketed, prison-made goods always being marketed at
much lower prices than brooms and whisk brooms manufactured by free and inde
pendent labor.
Our suggestion as a remedy would be to confine the sale of prison-made brooms
and whisk brooms within the State in which they are made.
Another company in Ohio relates the following experiences:
Prison manufacturers as a rule buy and use the lower grades of broomcorn,
flooding the market with low-grade brooms and lowering the general standards.
W e have sold brooms for many years t o ---------- , in West Virginia. In Feb
ruary, 1924, they bought 100 dozen brooms fro m ---------- , at $1 per dozen less than
we could furnish them. A large volume of business was at one time also done
a t ---------- , M aryland, a n d ---------- , Indiana, but was lost to convict labor.
Repeated efforts to sell brooms t o ---------- , Pennsylvania, have failed because he
buys from the prison at Jefferson City, Mo.
The fact that the several prisons employing convicts on brooms keep them
employed all the time and must sell the output somewhere is evidence that to the
extent of their output they damage the business of free labor. It is a notorious
fact that broom makers lose much time during most years. Convict competition
keeps the standard of wages below the level of trades of like nature.
162
CONVICT LABOR IN 1923
The following is the statement of a large manufacturer in New York
State:
* * * A t the present tim e there is not much com petition on prison-made
brooms, especially in the Eastern States, since the M aine State prison burned out
a few m onths ago and they have not started up; therefore, we are not having any
com petition from them at present. Heretofore they alw ays undersold our brooms
from $1.50 to $3 per dozen, but their goods were inferior. N evertheless their low
price sold them.
A bout the only com petition we are having from prison-made goods at the pres
ent tim e is from the M oundsville (W. Va.) prison, which makes an exceptionally
fine broom and sells it in N ew York from $1 to $2 per dozen under our prices.
A large Indiana broom company states that they have found it im
possible to compete in price with the prison brooms made at Jefferson
City, Mo. Their only recourse has been to convince the purchaser
that he is getting a better grade broom. These prison brooms are
shipped in large quantities into this section and sold without much
regard to prices, ranging from $3.75 to $4.25 per dozen. The lowest
price at winch this company was able to sell its low-priced broom, in
cluding a very small margin of profit, was $5.10 per dozen. They
state mat:
* * * Also brooms from Eddy viller, K y ., are continually a thorn to th e legiti
m ate manufacturer by price cutting which keeps the jobber and retail m an up
in the air.
We are in favor of these places doing work, and in fact think th ey should be
kept busy, but the States in which they are located should consume their output in
S tate institutions.
Can you expect legitim ate manufacturers to com pete w ith this kind of labor?
An Alabama company states:
* * * Competition with convict-m ade brooms forces us to keep our daylabor wages cut to a low level.
We have had this com petition from different prisons for m any years, th e goods
being sold m ostly through the brokers and wholesale grocers.
As product from convict labor can be m ade for less than th at of free labor, sug
gest th a t all product from convict labor be exported, and in event there should a t
tim es be perishable product label it “ C onvict m ade” if it had to be sold in this
country.
A Kentucky manufacturer's statement follows:
* * * Regarding prison-made brooms will state we can not com pete and
sim ply have to let them sell their brooms and w e take w hat w e can get. W e try
to m ake a better broom and we have to get a better price. As w e can n ot get labor
a t a prica that would enable us to com pete w ith prison labor, we feel th at som e
thing should be done to relieve a situation of this kind.
A large broom company in Missouri states:
* * * Regards to convict labor in com petition w ith free labor, I am informed
th at the Jefferson City, M o., prison has shipped in about seven carloads of broo n s
of different grades varying in price from $1 to $3 per dozen cheaper than they
can be sold for by any free-labor manufacturer in St. Louis. I for one had 12
em ployees to April 1 and now am practically a t a standstill. I em ploy union
labor and their wages average from $3.50 to $5 per day, piecework, of eight hours
per day. I can not understand how our G overnment expects us to p ay taxes w ith
com petition of convict labor.
The statement of an Ohio company follows:
During th e last three m onths our sales have fallen off considerably on account
of prison-made brooms. In a few instances we were forced to cut in our prices in
order to sell our goods. T h e ----------Co. has been shipping brooms in here by th e
carload, and we have been informed th at the com pany is making brooms in th e
penitentiary and on the outside and are labeling all of them with the c mpany
name.
COMPETITION OP PRISON-MADE GOODS
163
The manager of a company in Illinois states:
We have had to reduce our quality in grade of corn and handles used in order
to com pete with prison-made brooms. We also had to fight labor prices so th at
our cost would not be too high. We are taking a lower profit on brooms sold
where they handle prison brooms.
The manager of another broom company in Ohio states:
* * * We m aintain our prices and our quality and we depend on our
quality to m eet com petition w ith prison-made goods.
Prison-made brooms have been sold to the city of Toledo and used on the city
streets. The city formerly was one of our regular customers. Prison com peti
tion is particularly strong in th e last three years. It seems th at year by year
com petition w ith prision-made brooms grows stronger.
We wish that a law be passed m aking it necessary for all prison-made brooms
to bear labels plainly stating th at th e brooms are prison made, or demanding
th at these brooms be sold only to State institutions, as jails, orphanages, etc.
The prison broom is insanitary because the prisoners are affected w ith conta
gious diseases, as tuberculosis. The m ajority of prison-made brooms sold in
this com m unity come from the State prisons of K entucky and Missouri.
We have been forced to close down on account of prison labor.
A manufacturer of brooms in Illinois states:
* * * I had quite a number of customers through the States of Georgia,
Florida, and Michigan, but lost them , not on account of a little difference of
50 to 75 cents a dozen, but from $1 to $2 a dozen, and have been unable to do
business w ith these concerns since. Of course, the broom m ay be very much
inferior but it is a broom nevertheless. I can only say that if it is perm itted to
grow in other States, th at outsiders in th e broom business virtually will be
driven out of business.
N ow the States could make use of this convict labor to good advantage by
m aking each State m anufacture anything th at goes to its consumption, and
th e Government as well, and I do believe this would exercise econom y to the
S tate and country and at the same tim e take this undesirable product out of
the open market. In this way th e taxpayer's m oney would be saved. By not
buying the State, and Government supplies in the open market the prisoners
would realize a little more for their labor, for, as it is now, the contractors pay
virtually nothing for their labor. This would elim inate prison-made goods
on the open m arket at absolutely sacrificing prices.
A manufacturer in Alabama relates his experiences as follows:
We do not try to com pete w ith convict labor, as it is impossible. Our only
argument and selling point is th at we do make much better brooms and em ploy
union labor and pay union scale. People th at w ant good brooms buy ours.
This com petition has existed ever since we have been in business (we started in
1922), it affects our business on cheap brooms because it is impossible to m eet
such com petition. Our opinion is th at convict labor should be em ployed for
the purpose of m anufacturing brooms, or other com m odities which the prisons use
but convict labor should not be placed in com petition w ith free labor.
Another manufacturer of Ohio states:
We have practically no comeback on prison-made brooms, on account of the
prices being much under ours, so you can readily figure our position in trying to
sell against com petiton of this kind.
Our m en work on a standard wage scale; reduction of sam e would possibly
mean a strike. We have m ade a certain standard of goods for a number of
years and we have practically made no changes to m eet this com petition. We
m anage to m aintain a certain price and also cater to trade in a better or higher
grade of goods. We very seldom change our line of goods, only if crop necessi
tates such changes. We som etim es hold our goods until prison merchandise
is sold.
Practically all of the woodenware and wholesale grocery houses in this city
handle prison-made brooms from tim e to tim e. About 60 days ago this town
was loaded w ith this kind of merchandise and it is just now m oving away slowly.
We were forced to unload our stock on hand at cost in order to keep running
When business is fairly good we have little or no trouble w ith prison-made
goods in Cincinnati or vicinity, but just as soon as business is dull prison brooms
164
CONVICT LABOR IN 1923
come in from all sources. I t is hard to say ju st exactly w hat we do a t these
tim es, depending largely upon the stock we have on hand and w hat m arket
conditions on all materials m ay be doing at th a t tim e.
A manufacturer of New York State relates his experiences as
follows:
We do not cut our price to m eet com petition in prison-made brooms, as our
quality is better. We do feel though th at brooms and brushes made in N ew York
State and adjoining States have the effect of p u tting brooms into our market and
filling some of the outlets which otherwise would buy from us.
A manufacturer in Indiana expresses his opinion regarding prison
competition as follows:
Prison-made brooms are a “ thorn in the flesh ” of the broom industry, because
of the fact that manufacturers em ploying convict labor and thus having only a
nominal labor cost are able and do undersell manufacturers who em ploy free
skilled labor. E ven though the prison shops can not supply all the trade, never
theless, by going am ong the trade and offering their goods and m aking prices
they set prices which the trade then expects the legitim ate manufacturers to
m eet. We feel, furthermore, th at the manufacture and sale of products m ade b y
convict labor, where these products are offered in th e regular channels of trade,
are unfair to free labor who depend upon fair wages for a livelihood.
If the em ploym ent or leasing of convict labor for the manufacture of brooms
or other products can n o t be elim inated, we think th at the sale of such convictm ade products should be restricted to S tate or Federal institutions and the
goods not perm itted for sale in the open market.
T h e fo llo w in g is th e sta te m e n t of a m a n u fa ctu rer in Illin o is:
We have no m ethod of m eeting com petition w ith prison-made goods. They
are always in a position to undersell us, owing to th e fact th at they have labor
which practically costs them nothing and we have high-priced organized union
labor to whom we p ay a good living wage, sufficient to support their fam ilies
as -an American fam ily should be supported.
When we find prison-made goods in our territory we usually have to go else
where to sell our goods unless the trade w ants som ething of better quality and
workmanship than th e prison makes. W hen there is too m uch com petition of
th at kind it autom atically forces us to reduce wages whether we w ish to or not.
We generally endeavor to m aintain a higher standard on our goods than the.
prisons do and in th at w ay can pick up som e of the business which th ey can
not reach w ith poor grade corn and workmanship. We are also able to m ain
tain a more uniform standard on our goods than th ey do. Prison-made brooms
are detrim ental to all th e outside factories, and w e feel th at it is an injustice to
the manufacturer who has to do business in th e regular w ay to have to com pete
w ith people who have this unfair advantage over us.
A manufacturer of high-grade brooms in Ohio states that in meet
ing this competition he has been forced to lower the grade of his
brooms and to use lower class labor for certain work. For other
classes of labor he is paying $4 to $7 per day compared with very
low rates paid for prison labor. This condition has forced the
company to reduce its production 40 per cent.
Our com petition comes from prisons a t M oundsville, W. Va., Eddyville, K y.,
Auburn, Ind., and Jefferson C ity, Mo.
We are sure that there is a law com pelling prison-made goods to have a stam p
in a place where it can be seen, but this is not complied with.
COMPETITION OF PRISON-MADE GOODS
165
WHIPS (ALL LEATHER)
T h e figures o f this report show th a t leath er w hips and lashes to
th e va lu e o f $63,200 w ere produced b y co n v ict lab o r a t th e M o u n d s
ville, W . V a ., p en iten tia ry during th e la st fiscal y e a r and sold in th e
open m a rk e t in com petition w ith goods prod u ced b y free labor.
T h e w hip in d u stry fo r m a n y y ea rs w as cen tralized a t W estfield ,
M ass. F ifte e n y ea rs ago there w ere lo ca ted in th a t c ity o ver 40
com panies engaged in m an u fa ctu rin g w hips of variou s kinds. Som e
o f these com panies failed in business w hile others w ere absorbed b y
th e larg er ones, thus redu cin g th e num ber of p lan ts and to som e
e x te n t increasin g the size of some. In th e ea rly p a rt of 1924, how
ever, th ere w ere o n ly three of these com panies le ft in business in th e
city . T h is decline is due alm ost en tirely to th e autom obile business.
W h en the w hip in d u stry w as in a flourishing condition, all kin d s of
w hips w ere produced b y these com panies, inclu din g th e all-leath er
m u le w hips and lashes.
The whip manufacturers who were visited in different places all
stated in effect that at no time has it been possible for them to
produce leather whips and sell them at a profit in competition with
those made in prison. On account of the very low prices at which
prison-made whips were sold, many of the manufacturers purchased
them from the prison contractor and sold them to customers along
with other goods.
A M assa ch u setts co m p an y sta te s:
T h e ---------- Co., M oundsville, W. Va., uses convict labor in manufacturing
leather team -whips and lashes. In the leather team -whip line they have always
had the entire business, but we have all made some lashes. Of course, their
prison price is way below our price, but the quality of their goods is far* inferior,
so from the man who wants real quality, we get some business, but as to the man
who wants price, we are entirely out of it.
The lash business, in which they really conflict w ith us is pretty well gone
anyway and they undoubtedly have enough lashes on hand now to last tw o
years.
A M a ry la n d co m p an y relates th e fo llo w in g:
The convict labor activities at M oundsville have been such as to simply
prohibit our entering the fiefid which these people cover. Although we are
equipped to do so, after having spent considerable tim e on a com petitive basis,
we were compelled to pass up the opportunity entirely on account of our not
being able to make the goods at prices at which they sold them. Our business is
developing on other lines but we feel we have lost a good opportunity as a result
of this com petition.
GARDEN HOES, RAKES, ETC.
About 10 years ago two factories of the American Hoe & Fork
Co., Cleveland, Ohio, were operated with prison labor. At that time
this company sold considerable quantities of garden hoes, rakes, and
forks in foreign markets. Their competitors in Canada and other
British possessions had laws passed forbidding the importation of
these prison-made goods. Although this company had factories
operated with free labor and could have shipped goods from the freelabor factories into these countries, they did not do so because of the
moral effect*
At the present time there are no garden hoes, rakes, or forks manu
factured m any prison in the United States.
166
CONVICT LABOR IN 1923
SADDLE TREES
Careful inquiry as to prison-made saddle trees was made in St.
Louis and Louisville, the principal centers of trade in saddle trees.
The information obtained is that saddle trees are no longer manu
factured in any prison in the United States. Years ago they were
hiced on a large scale in the Jefferson City, Mo., penitentiary.
work was discontinued a few years ago by act of the Missouri
Legislature.
Saddle trees were also manufactured in the Eddyville, Ky., prison
until a few years ago. The contractor at this prison sold his business
to the Saddle Manufacturers Association and the work in the prison
was discontinued. Each member of this association subscribed to
his pro-rata part in making the purchase and simply charged the
amount to his profit and loss account.
This was the end of the manufacture and sale of prison-made
saddle trees. The automobile industry, however, has been the chief
cause of the great decline in the saddle industry.
E
L A W S R E L A T I N G T O C O N V IC T L A B O R
167
LAWS RELATING TO CONVICT LABOR
INTRODUCTION
The laws reproduced or summarized under this head are those
that relate to the employment of convicts. Only those provisions
are noted that have direct application to the nature of the employ
ment, the methods of work, the disposition of the product,1 wages,
etc., allowed convicts, and similar regulations immediately affecting
employment.
In the following presentation the term “county convicts” is used
with reference to those convicts sentenced to terms in a county jail
or workhouse, and “ State convicts” to those serving terms in a
State institution.
Matter within brackets is a summary or abridgment of the text of
the statutes, for purposes of brevity oi statement.
ALABAMA
STATE AND COUNTY CONYICTS
C ode — 1923
S ec tio n 1372. Em ployment on highways.— The courts of county commissioners,
boards of revenue, or other like governing bodies of the several counties of this
State m ay work county and State convicts on the public roads and bridges of
their respective counties.
S e c s . 1373, 1374. H irin g .— [The above authorities m ay hire convicts to or
from other counties, or m ay exchange convicts, or m ay hire convicts from the
State.]
S ec . 3589. M in ing coal.— The S tate board of adm inistration, with the
approval of the governor, m ay em ploy any male convicts, suited physically to
such work, in the mining of coal, upon lands acquired by the State by lease or
otherwise, for and on account of the State, and m ay hire like convicts to coal
operators, upon such terms as m ay be agreed upon, as now provided by law.
S ec . 3592. Duties of hoard.— The State board of adm inistration shall adopt such
rules,to be approved by the governor, as are necessary to prevent inhumane treat
m ent, or cruel or excessive punishment of State and county convicts, and also to
regulate the tim e and am ount of work to be performed by them , and the manner
of working them.
S e c s . 3624-3627. Leasing.— [Unless worked in the county where convicted,
not less than 20 convicts m ay be hired to any one person; they m ay not be
worked at any different place or occupation from th at expressed in the con
tract except on recommendation of the board. Convicts working in mines m ust
be classed or tasked, and m ay be, if hired to work elsewhere; but all hiring is
per capita. Convicts m ay work for them selves after their tasks are performed.]
S ec . 3637. Sundays and holidays.— Convicts sentenced to the penitentiary or
to hard labor for the county shall not be required to work on Sunday, Christmas
D ay, the Fourth of July, or on Thanksgiving D ay.
STATE CONVICTS
C ode — 1923
S ec tio n 1337. Em ployment on highways.— The
State highway department
m ay work State convicts in the construction or m aintenance of public roads and
bridges of Alabama as m ay now or m ay hereafter be provided by law, or may
work State convicts in construction, repairing, or m aintaining public roads or
bridges by contract or agreement w ith the board of administration.
1Laws requiring the marking of convict-made goods and the restriction of their sale, in so far as they
discriminate against articles brought by interstate commerce from other States have been declared uncon
stitutional in New York (People v. Hawkins, 167 N. Y. 1, 51 N. E. 257); Ohio (Arnold v. Yanders, 56 Ohio
St. 417,47 N. E. 50); and Massachusetts (Opinion of the Justices, 211 Mass. 605,98 N. E. 334).
169
170
CONVICT LABOR IN
1923
S ec . 3611. Employment.— The State convicts shall be hired or em ployed
at such labor and in such places and under such regulations within the State" as
m ay be determined by the board with the approval of the governor, having in
view the end of making the system self-sustaining as far as consistent with the
humane treatm ent of the convicts.
S e c . 3648 Contracts.— The board of adm inistration may, with the approval
of the governor, make contracts for the hire of the labor of convicts by the day,
m onth or year, or term of years, the State in such cases controlling and support
ing the convicts.
S e c . 3650. Discharge.— [Discharged convicts receive a “ decent suit of clo th es”
and m oney sufficient to reach their destination, not exceeding $10.]
S e c . 3662. Convict farm s.— The board m ay, with the approval of the governor,
cause to be made such improvements on any of the land owned by the State as
m ay tend to the benefit of the convict system , and enable them to work such
convicts as they m ay think proper at farming or other em ployments.
S e c s . 3704-3708. M in ing coal.— [State convicts m ay be em ployed in the
mining of coal on the coal lands of the S tate university. Such lands are to be
leased and surveyed, and the labor of convicts em ployed in the construction
of the necessary buildings and structures, as far as possible. The coal mined
is to be “ put in a marketable condition and sold for the account of the S ta te .”]
S e c . 3709. Leasing discontinued.— [As soon as the governor and board of
adm inistration begin the working of convicts, as provided b y this article, in suffi
cient numbers to justify the discontinuance of the lease system , the hiring or
leasing of convicts to any other person, firm, or corporation shall be discontinued.]
S e c . 3710. L im it .— [On and after M arch 31, 1927, “ it shall be unlawful for
any person to lease or let for hire any State convict to any person, firm or corpora
tio n ;” and “ the governor, as soon as suitable quarters and em ploym ent can be
provided for the convicts, and the finances of the State can be so readjusted as
to permit of the same, shall discontinue the lease system ; and the governor shall,
in his discretion, rem ove portions of the convicts from lease em ploym ent as
rapidly as said provisions therefor can be effected.” The provisions of th is
article are not to be construed to prevent the highway departm ent from work
ing convicts on roads.]
COUNTY CONVICTS
C ode — 1923
S ec tio n 1359. Em ployment on highways.— The convicts of any county or
m unicipality m ay be worked upon the public roads, bridges, or ferries of th e
county under the direction of the court of county commissioners or board of
revenue, and said convicts m ay be worked in quarries, gravel pits or any plant
used for the production of road materials, although such quarry, p it or plant
m ay be located in another county; or said convicts m ay be hired to or from
another county, or from the State.
S e c s . 1360, 1368. Separate employment; females.— [Convicts m ay not be
worked in com pany w ith other persons liable to road duty. N o fem ale m ay
be worked on the public roads, but they m ay prepare m eals for convict road
crews.]
S e c . 3675. Regulation.— All law s of th e State and rules of the board of adm in
istration in regard to State convicts shall apply also to county convicts as far as
applicable, except as otherwise provided by law.
S e c . 3677. Employment.— The court of county commissioners, or board of rev
enue * * * from tim e to tim e m ust give directions, general or special, for
the em ploym ent of such convicts, sentenced to hard labor for the county, as
are ordered to labor on th e public works of th e county.
S e c . 3684. Work on highways.— W henever th e commissioners of roads and
revenues of a county deem th at it is to the best interest of th e county to use
the county convicts in building, repairing and working the public roads of the
county, they m ay so work them under rules and regulations to be prescribed by
the board of adm inistration, which shall be uniform throughout the S tate for
working county convicts on the public roads.
S e c . 3685. P u b lic works.— Hard labor for th e county includes labor on the pub
lic roads, public bridges and other public works in the county; and authorizes
the letting of such convicts to hire to labor anywhere w ithin th e State, as m ay
be determined by th e court of county commissioners, or board of revenue.
S e c . 3686. Female convicts.— N o woman convicted of a public offense shall be
required to work as a laborer on any public highway in this State.
LAWS RELATING TO CONVICT LABOR
17 1
S e c . 3690. Place and kind of labor.— [C o n t r a c ts m u s t s p e c ify th e p la c e a n d
k in d o f la b o r to b e p e rfo rm e d , w h ic h m a y n o t b e c h a n g e d e x c e p t on th e recom
m e n d a t io n o f th e c o u rt o f c o u n ty c o m m issio n ers.]
ACTS OF 1923
N o. 595
[In counties having a population of 75,000 to 95,000, the authorities m ay pro
vide for the em ploym ent of county convicts anywhere within the State. Real
and personal property may be purchased or leased for the purpose and the neces
sary equipm ent procured, the net revenue to *go to the road and bridge fund of
the counties.]
ALASKA
C O M PIL E D LAW S— 1913
S ectio n 2082. Employment.— * * * The manner of such confinement [in a
county jail] and the treatm ent of the persons so sentenced shall be governed by
whatever law m ay be in force prescribing the discipline of county jails: Provided,
That the United States marshal for said district [of Alaska] m ay, under such
regulations as th e Attorney General m ay prescribe, em ploy or cause to be em
ployed upon public works any or all persons sentenced to imprisonment in the
jails or the penitentiary w ithin said district; * * *
ARIZONA
STATE CONVICTS
CIV IL CODE— 1913
S ec tio n 5141. Road work.— [The State board of control is authorized to em
ploy State convicts on the construction, repair, or maintenance of State roads,
highways, and bridges. Work in the several counties shall be done only on re
quest of the supervisors of the said counties.]
P E N A L CODE— 1913
S ectio n 1448. Work time.— The board of control shall require of every ablebodied convict as m any hours of faithful labor in each and every day, during
his term of imprisonment, as shall be prescribed in the rules and regulations of
the prison. * * *
S e c . 1459. Discharge.— [Discharged prisoners receive $5 in cash, a suit of
clothes not to cost over $15, and transportation not to exceed 300 miles.]
COUNTY CONVICTS
P E N A L CODE— 1913
S ectio n 1482. Employment.— It shall be the duty of the keepers of said several
jails within said Territory, when any such person shall be sentenced to hard labor
therein, and any mode of labor shall be provided, to cause such prisoner to be kept
constantly em ployed during every day, Sunday excepted, and when such pris
oner is discharged, to report to the board of supervisors of such labor, and in all
cases it shall be lawful for said custodian of said prisoner, with the consent of the
board of supervisors of such county in which [the] jail is situated, to provide
labor for such prisoners, if they deem it expedient and profitable to do so, either
inside of said jail or outside of its lim its.
S e c . 1483. P u b lic works.— The several keepers of said jails shall respectively
have power, w ith the consent of the board of supervisors of said county, from
tim e to tim e to cause such of the prisoners under their charge as are capable of
hard labor, to be em ployed on any of the public avenues, streets, highways or
other works, where the same will not conflict in any manner or form w ith free
labor, in the county in which such prisoners shall be confined.
172
CONVICT LABOR IN 1923
ARKANSAS
STATE AND COUNTY CONVICTS
D IG E ST OF ST A T U T E S— 1921
S ectio n 5213. Road work.— The departm ent of S tate lands, highways, and
im provem ents shall em ploy and work as m any of th e State convicts on th e public
roads as m ay not be otherwise em ployed by th e penitentiary authorities. State
convicts being worked on the public roads shall be under the care and m anage
m ent of the wardens and other officers named by the penitentiary authorities, but
the department of S tate lands, highways, and im provem ents shall determine th e
work to be done by such convicts, and the tim e, place, and manner of such
working. * * *
S e c . 5214. Sam e.— It shall be lawful to provide in any highway charter for
working the m ale county convicts of any county on th e public roads and high
ways of that county. * * *
S e c . 5217. Road materials.— W henever practical, th e departm ent of State
lands, highways, and im provem ents m ay engage such number of S tate or county
convicts as m ay be available in preparing road m aterials at quarries or elsewhere,
and the expenses of such work shall be charged to th e State or the county or
district receiving such materials.
S e c .5362. Power of court.— In each county in th e State where the, county court
has levied a road and bridge tax under this act, th e county court m ay order th e
county prisoners, convicted from tim e to tim e of misdemeanors, to be worked
upon roads and bridges in such road district as the court shall order; * * *
S e c . 5393. W ork time; discharge.— [Convicts on highw ays m ay not be worked
longer than 10 hours per day, and if th ey work as m uch as 6 m onths th ey shall on
discharge be furnished w ith a suit of clothes of th e value of not less than $10 and
not less than $1 in money.]
S e c . 5395. Females.— [No fem ale convict m ay be required to work on th e
roads.]
STATE CONVICTS
D IG E S T OF ST A T U T E S— 1921
S ec tio n 9658. Sale of 'products.— [Goods are to be sold by the penitentiary
board, after a proper classification of th e goods, and a thorough ascertainm ent of
their market value.]
S e c . 9693. Farm .— [The board of penitentiary commissioners is directed to
use and work all convicts on th e State farm in cultivating crops, clearing up,
drainage, or other farm work. The purchase and equipm ent of a farm for th e
em ploym ent of all w hite convicts is authorized.]
S e c . 9694. Leasing.— [The S tate commission shall not hire ou t or lease, or
perm it any person to hire out or lease, any of th e convicts of this State to any
person or persons, whomsoever.]
S e c . 9695. Road work.— [When not occupied w ith farm work or otherwise
em ployed in work for th e State, th e commission m ay order th a t State convicts
work on and repair the highways adjacent to convict camps, but not for a greater
number of days for each m an than is now allowed b y law for regular road hands.]
ACTS OF 1923
N o. 328
Factories.— [This act authorizes the penitentiary board to provide for th e
establishm ent and operation of factories, either a t th e penitentiary or a t th e
penitentiary farms of th e State. The factories are to be such as will not require
hazardous risks and will provide healthful em ploym ent for th e convicts. T he
m anufacture of cotton goods, furniture, brick, and tw ine is suggested. N o
convict m ay be on duty more than 6 consecutive days or 11 hours per day or 61
hours per week. The sale of th e products on th e open m arket is apparently
contem plated.]
N o s. 128, 759
Limestone.— [Provision is m ade for th e establishm ent of lim estone-crushing
stations, the product to be sold to the farmers of the State at actual cost.]
LAWS RELATINO TO CONVICT LABOR
173
COUNTY CONVICTS
D IG E ST OF ST A T U T E S— 1921
S e c t i o n 2046. Labor required.— [Misdemeanor convicts failing to pay fines and
costs m ay be required to discharge the same “ by m anual labor in any manual-,
labor workhouse, or any farm attached thereto, or any road, bridge, or other
public work in the county.” ]
S e c . 2048. H irin g .— [The above provision is not to be construed to “ prohibit
the em ploym ent of county convicts on other than public works, but it shall be
lawful to hire out such persons to any individual, company, or corporation.”]
S e c .2060. Same.— The county court or the judge thereof in vacation is author
ized and empowered to m ake and contract w ith s.ome responsible person or
persons for the maintenance, safekeeping, and working of prisoners com m itted to
the county jail except prisoners awaiting trial; * * *
S e c . 2061. Road work.— N othing in the preceding section shall prevent the
county judge from working prisoners on bridges and highways.
S e c .2081. Employments.— [If no suitable or satisfactory contract can be made
“ then the county court or judge thereof m ay order the prisoners to be worked on
the public roads, bridges, levees, or any other public im provem ents of the cou n ty.”
Authority is also given for the purchase in the county of a tract of land for a farm
upon which county prisoners m ay be worked, or such a tract m ay be leased.]
CALIFORNIA
STATE CONVICTS
C O N ST IT U T IO N
A rticle X
S e c t i o n 6. Contract system prohibited.— * * * The labor of convicts shall
not be let out by contract to any person, copartnership, company, or corporation,
and the legislature shall, by law, provide for th e working of convicts for the
benefit of th e State.
P E N A L C O D E (SIM S’S D E E R IN G )— 1906
c S e c t i o n 679a. Sale of goods.— 1. It shall be unlawful for any person to sell,
expose for sale, or offer for sale w ithin this State, any article, or articles manu
factured wholly or in part by convict or other prison labor, except articles the
sale of which is specifically sanctioned by law.
2. Every person selling, exposing for sale, or offering for sale any article manu
factured in this S tate wholly or in part by convict or other prison labor, the sale
of which is not specifically sanctioned by law, shall be guilty of a misdemeanor.
S e c . 1586 (as amended 1923, ch. 158). Em ployments.— [Convicts m ay be
employed, under th e charge of wardens and such skilled foremen as deemed
necessary, in the performance of work for the State, or in th e manufacture of
any article or articles for the State, or the manufacture of which is sanctioned by
law. At San Quentin such needlework as the women prisoners m ay make from
tim e to tim e m ay be sold. Each woman is credited w ith the am ount of sales of
her products, and receives the same on release. At Folsom a dam and canal are
to be completed and structures erected for jute-manufacturing processes. The
board of directors is authorized to dispose of the articles manufactured, and not
needed by the State, for cash, at private sale.]
S e c . 1*587 (as amended 1923, ch. 158). Discharge.— [On discharge convicts
receive any sum which m ay have been earned by them for their own account or
allowed by the State for good conduct or diligent labor. If this is not sufficient
for present purposes, the person discharged shall be furnished $5 in m oney, a suit
of clothes costing not less than $10, and fare to the place of sentence or other
place of the same cost of transportation.]
S e c .*1588 (as amended 1907, ch. 317). Work time.— The State board of
prison directors shall require of every able-bodied convict confined in a State
prison as m any hours of faithful labor in each and every day during his term
of imprisonment as shall be prescribed by the rules and regulations of the prison.
177°—25t-----12
17 4
CONVICT LABOR IN 1923
Page 710
Road material.— [The establishm ent of a rock or stone crushing plant at one or
both of the State prisons is authorized when it appears th at 50,000 cubic yards of
prepared road or highw ay m etal will be taken, the plant to be operated by convict
labor w ith such free labor as is necessary for superintendence and direction.]
Page 716
Gram bags.— [Purchase of California-grown hemp is authorized for the m anu
facture of grain bags to be sold the same as jute bags are sold.]
Page 719
Road work,— [The State prison directors are authorized and directed to em ploy
at least 20 prisoners daily in fair weather on the public roads within 6 m iles of
San Quentin State prison or the Folsom State prison in Sacramento County.]
ACTS OF 1911
C h a p t e r 570
State use earnings,— [A State reformatory for males 16 to 30 years of age serving
a first sentence is provided for, the prisoners to be em ployed in various trades and
em ploym ents. The products are to be furnished as far as possible, for State,
county, municipal, school or other public use, and none are to be sold, exchanged,
or given away for private use or profit. Prisoners m ay receive such proportion
of their earnings above the cost of their m aintenance as the board m ay deem
proper.]
ACTS OF 1915
C h a p t e r 13
Ju te goods,— [The State board of prison directors is authorized to adopt rules
and regulations for the sale of ju te goods, the same to be approved by the S tate
board of control. T h e price of ju te bags is to be fixed annually in the m onth of
January, sales to consumers to be made only until the first day of April of each
year, after which any surplus remaining unsold m ay be disposed of to anyone in
such quantities and a t such prices as th e board of prison directors m ay deem
proper.]
ACTS OF 1917
C h a p t e r 164
S e c t i o n 1. M arking goods,1— No person, persons, firm or corporation, by th em
selves, their agents or em ployees shall sell, offer for sale or expose for sale, or have
in his or their possession for sale, any article intended for personal wear which was
manufactured a t a State penitentiary, State reform school or at any other in stitu
tion supported-at public expense and located w ithout the boundaries of the State
of California, unless said article shall have affixed, stamped or imprinted thereon,
a label in letters three-eighths of an inch in height, designating the S tate peniten
tiary, State reform school, or other public institution where said article was
manufactured.
S e c . 2. Notice.— [Any person keeping such goods on sale m ust post in a con
spicuous place a notice a t least 12 inches in length b y 6 inches in height stating th at
such goods are on sale.]
ACTS OF 1919
C h a p t e r 316
•
Road work,— [The State highway commission m ay em ploy, or cause to be em
ployed, convicts confined in S tate prisons in the construction, im provem ent, and
m aintenance of the State highway system . Convicts em ployed on requisition
of this commission shall be sent by the prison directors to the place designated and
shall receive not to exceed $2.50 per day for actual working time. Against this
* S e e n o te , p . 169.
LAWS RELATING TO CONVICT LABOR
175
sum are charged the costs of the m aintenance of the camp, expenses of trans
portation, clothing, food, tools, etc., the law providing th at “ in no event shall
convicts earn more than 75 cents net per d ay.” Convicts em ployed under the
provisions of this act are not allowed to engage in building bridges or structures
of like character which require the em ploym ent of skilled labor.]
COUNTY CONVICTS
P E N A L CODE
Se c t i o n 1613. P u b lic works and ways.— Persons confined in the county jail
under a judgem nt of imprisonment rendered in a criminal action or proceeding,
m ay be required by an order of the board of supervisors to perform labor on the
public works or w ays in the county.
ACTS OF 1921
C h a p t e r 843
Farm s, etc.— [The establishm ent of industrial farms or industrial road camps in
each county of the State is authorized, if the board of supervisors adopts a resolu
tion to th at effect. Land may be purchased, leased, acquired by condemnation,
or received by gift. Either separate quarters or a separate industrial farm shall
be provided for women. Persons em ployed on such farm or in a road camp
and who have dependents shall be credited with not more than $2 for each day
of eight hours worked, other persons to be credited with not more than 50 cents
for each day of eight hours worked. Actual am ounts shall be fixed from tim e to
tim e by the board of State supervisors.
The work done shall be of a productive nature, the production to be used first,
to m aintain the prisoners and em ployees on such farm; second, to supply other
county institutions having need of the farm’s products; third, to supply the needs
of the paupers, incom petents, poor and indigent persons, and those incapacitated
by age, disease, or accident with whose relie? and support the county is charged*]
COLORADO
STATE AND COUNTY CONVICTS
C O M PIL ED LAWS— 1921
S e c t i o n 7138. Labor may be required.— W henever any person shall be lawfully
sentenced for crime by the judge of any district court in this State, to imprison
m ent in the Stajbe prison, or to any county jail, it shall be com petent for the court
awarding such sentence to incorporate therein a provision th at the person so
sentenced shall be kept at hard labor during the term of such imprisonment, or
for any specified portion thereof, as m ay be adjudged by the said court.
S e c . 7139. Employment.— It shall be the duty of the keepers of th e said several
prisons, when any person shall be sentenced to hard labor therein, and any mode
of labor shall be provided, to cause such prisoner to be kept constantly employed
during every day, Sundays excepted, and annually to account w ith th e board
of county commissioners for the proceeds of such labor; and in all such cases it
shall be lawful for th e said jailer, with the consent of the county commissioners
of the county in which such jail m ay be situated, to provide labor for such pris
oners, if they deem it expedient and profitable to so do, either inside of the jail
or outside of its lim its.
Se c . 7140. Road work.— The keepers of said prisons shall respectively have
power, w ith the consent of the county commissioners of said counties, from tim e
to tim e to cause such of the convicts under their charge as are capable of hard
labor to be em ployed on any of the public avenues, streets, highways or other
works, quarries or mines, in the county in which such prisoners shall be confined,
or in any of the adjoining counties, upon such terms as m ay be agreed upon be
tween the said keepers and the officers or other persons under whose directions
such convicts shall be placed.
STATE CONVICTS
C O M PIL E D LAWTS— 1921
Se c t i o n 766. Labor required.— All male persons convicted of crime and con
fined in the penitentiary, under the laws of this State, except such as are precluded
176
CONVICT LABOR IN 1023
by the terms of th e judgm ent of conviction, shall perform labor, under such rules
and regulations as have been or m ay be prescribed by the board of commissioners.
Se c . 768. Same.— E very able-bodied convict shall be p ut to, and kept at,
the work m ost suitable to his or her capacity, and m ost advantageous to the people
of the State of Colorado, and which m ay least conflict w ith the free labor of the
said State, during his or her confinement, and the earnings of such convict, after
deducting sufficient thereof to pay and satisfy the cost of maintenance and reten
tion, shall be given to the fam ily of such convict, or dependents, if there be any;
if there be none, the same accumulated shall be paid to such convict upon dis
charge from the pentitentiary.
S e c . 780. State-use system.— All prisoners sentenced to the State penitentiary
or the State reformatory shall be employed for the State or any productive
industries for the benefit of the State, or for the use of public institutions owned
and controlled by the State thereof, which shall be under the rules for the dis
tribution and diversification thereof, to be established by the commission herein
after designated, to be provided for such purposes.
S e c . 782. Powers of commission.— The said commission [on prison labor] shall
have the power to establish rules and regulations governing the em ploym ent,
conduct, and m anagement of th e prisoners in th e penitentiary and reformatory
when em ployed on the work provided for them by the said commission. It shall
direct that each convict shall be em ployed as such work as shall make it possible
for him to acquire com plete trade knowledge and skill in that industry for which he
is m ost adapted, and at which he can b est earn a livelihood when paroled or dis
charged from the institution, so far as such provision m ay be practicable.
T he supervision of all such work shall be under such com petent persons as m ay
be selected by th e warden or superintendent of th e institution in which the
prisoners are confined.
S e c . 783. Manufactures.— The State commission on prison labor are hereby
authorized and directed to cause to be manufactured by the convicts in th e S tate
penitentiary and the prisoners in th e State reformatory such articles, including
wearing apparel, as are needed and used therein and also such as are required by
th e State, including articles and materials to be used in the erection of buildings.
All such articles manufactured in th e S tate penitentiary and reformatory and not
required for use therein m ay be furnished to th e State, or for or to any public
institution owned or managed and controlled b y the State, at and for such price
as shall be fixed and determined as herein provided, upon the requisition of th e
proper officials, trustees, and managers thereof. N o articles so manufactured
shall be purchased from any other source for th e State or the public in stitutions
of the State, unless said S tate commission on prison labor shall certify th a t th e
sam e can not be furnished upon such requisition, and no claim thereof shall be
audited or paid w ithout such certificate.
S e c . 784. Estimates to be made.— On or before October 1 in each year, the proper
officials of the penal and official charitable institutions of the State, shall report
to the State commission on prison labor estim ates for the ensuing year of th e
am ount of supplies of different kinds required to be purchased by them th a t can
be furnished by the penal institutions of the State. The said commission is au
thorized to m ake regulations for said reports, to provide for the manner in which
requisitions shall be m ade for supplies, and to provide for the proper diversifica
tion of the industries in the said penal institutions.
S e c . 785. Prices of goodst etc.— The said S tate commission on prison labor shall
fix and determine the price a t which all labor performed and all articles m anu
factured and furnished to th e S tate thereof, or to th e public institutions thereof,
shall be furnished, which price shall be uniform to all. The prices shall be as near
the usual market price for such labor and supplies as is possible. The State com
mission on prison labor shall devise and furnish to all such institutions a proper
form for such requisitions and shall devise and furnish a proper system of ac
counts to be kept for all such transactions. It shall also be the duty of said
commission to classify th e buildings, offices, or institutions owned or m anaged and
controlled by the State, and it shall fix and determine the styles, patterns, designs,
and qualities of the articles to be manufactured for such buildings, offices, and
public institutions, including articles and m aterial to be used on the erection or
repairing of buildings of th e penal institutions in this State. So far as practi
cable, all supplies used in such buildings, offices, and public institutions, shall be
uniform for each class and of the styles, patterns, designs, and qualities th a t can
be manufactured in the penal institutions in this State.
S e c . 786. Ea rnin gs.— [Prisoners entitled to good tim e allowance m ay be
allowed compensation for tim e worked, but not more than 10 per cent of the
earnings of the institution m ay be taken for this purpose.]
LAWS RELATING TO CONVICT LABOR
177
S e c . 792. H irin g .— It shall be unlawful for the S tate of Colorado, its officers or
representatives, to hire out the persons confined or th at m ay be confined, as con
victs in any penitentiary, or prison, th at is or m ay be established in the State of
Colorado, for the confinement of persons convicted of misdemeanor or crimes of
any description whatsoever; such persons shall not be hired out to perform labor
of any description, for pay or gain of any description, nor shall their services be
given free to any person or class or association of persons, under penalty herein
after provided.
S e c . 793. Im porting convicts.— [It is unlawful to bring into the State to perform
labor any convict from another State or Territory.]
S e c . 794. Use of convict-made goods.— It shall be unlawful for the State, its
officers, or representatives of any county, city, or town or their officers or rep
resentatives to knowingly bring into the State or cause to be brought into the
State any material for use in the erection of, or repairing of any public building,
the labor in preparing which or any part of which has been performed by convicts.
S e c . 796. Clothing, etc.— It shall be the duty of any one of the above-m entioned
[penal and reformatory] institutions to m ake w hat clothing, shoes or other wear
ing apparel th at is, or m ay be, required by the home for dependent children, the
insane asylum , or the soldiers’ home th at they can make at no greater cost than
said article can be bought in the market.
S e c s . 3745, 3755. Sale of convict-made goods.2— [The sale of convict-m ade goods
w ithout a license is forbidden. License m ust be obtained from th e secretary of
state at an annual fee of $500. All goods made or partly made b y convict labor
m ust be plainly so marked, w ith the name of the institution in which made; or if
the goods can not be so marked, a label m ust be affixed to the article, if possible,
and if not, then to the package.]
ACTS OF 1923
C h a p t e r 88
Propagation of fish.— [Boards of county commissioners m ay engage th e services
of trusty convicts in the State penitentiary or reformatory to build ponds and
ditches for the stocking and propagation of fish. The warden of th e S tate peni
tentiary retains full control of th e men so employed.]
COUNTY CONVICTS
C O M PIL ED LAWS— 1921
SECTiqjy 8878. Employment.— Whenever any able-bodied m ale prisoner is
confined m the county jail of any county or the jail of any town or city, having
been convicted of a misdemeanor or of the violation of an ordinance of such
town or city and being confined in punishment therefore, the sheriff of such
county or the marshall or chief of police of such town or city shall compel such
person to work at hard labor 8 hours of every working day: Provided, however,
That the provisions of this section shall not apply to any case where there are
less than three prisoners so confined in said jail at any one tim e or to any prisoner
physically unable to work: Provided further, That in counties and cities of the
first and second, third, fourth and fifth classes, it wTill be discretionary with the
sheriff or chief of police to em ploy prisoners on the road serving sentences of 60
days or under. It shall be the duty of the sheriff of such county or the marshal
or the chief of police of such town or city, when no other work is available, to
compel the said prisoners to work upon the public roads, highways or streets of
such county, city or town, in the m aking or repairing of such roads, highways
or streets. * * *
[One-half the earnings may go to dependents who would otherwise become a
public charge.]
S e c . 8884. Who to labor.— All male persons sentenced to and confined in the
county jail, under the laws of this State, except such as are precluded by the
terms of the judgment, shall perform labors under such rules and regulations
as m ay be prescribed by the county commissioners or sheriff of the county in
which such jail is situated.
S e c . 8885. Road work.— [On request of boards of county commissioners,
sheriffs shall detail male prisoners to work on the public roads of counties and the
streets and alleys of towns and cities.]
* S e e n o te , p . 169.
178
CONVICT LABOR IN i .
S e c . 8886. Bridges, etc.— Said persons in th e county jail, w hile em ployed under
the provisions of this act, shall not be used for th e purpose of building any
bridge, or structure of like character, which requires the em ploym ent of skilled
labor.
CONNECTICUT
STATE AND COUNTY CONVICTS
G E N E R A L ST A T U T E S— 1918
S e c t i o n 1935. Contracts.— N o contract or agreement *shall be m ade for the
labor or services of inm ates of any penal or other S tate or county institution in
th e manufacture of goods or any portion of such manufacture, or for th e product
of such labor or services, except after public notice b y advertising * * *
N o such contract or agreement shall be made for any period exceeding four years.
T he provisions of this section shall not apply to contracts for the labor of inm ates
of county institutions in farm, domestic or casual serviee.
S e c . 1936. Employment restricted.— N o person confined for crime shall be
em ployed in or about the m anufacture or preparation of tobacco, or of any
article which in its use comes into contact w ith th e m outh of a human being;
Provided, The State department of health m ay, subject to such inspection and
such regulations as it m ay adopt concerning the persons who m ay be so em ployed,
perm it such em ploym ent.
ACTS OF 1919
C h a p t e r 341
S e c t i o n 1. Road work.— The warden of the S tated prison, the superintendent
of the State reformatory or the sheriff of any county, upon the requisition of the
State highway commissioner, m ay permit any inm ate of either of said in stitu
tions, other than a person serving a life sentence, to be em ployed in the con
struction of any highway or bridge, * * *.
STATE CONVICTS
G E N E R A L ST A T U T E S— 1918
S e c t i o n 1932 (as amended 1923, ch. 275). Employment.— The warden shall
m anage the prison, subject to the rules of the directors and their written orders;
he shall keep all the prisoners em ployed in such labor as the directors shall
order, during the term of their imprisonment; * * *
S e c . 1950 (as amended 1923, ch. 151). Allowance.— [Convicts who by reason
of good conduct are deemed w orthy shall receive n ot to exceed 15 cents per day
as com pensation for services performed.]
COUNTY CONVICTS
G E N E R A L ST A T U T E S— 1918
S e c t i o n 1969. Employment.— The county commissioners of any county m ay,
w ith the consent of the sheriff of such county, cause prisoners serving terms in
th e jail or workhouse thereof to labor upon any bridge or public highway or
property adjacent thereto, or in, upon or about an y property in such county, and
th e county commissioners m ay require all convicts in said jails or workhouses,
to work according to their ability, permit other prisoners therein, if the latter
desire, to be provided w ith materials for work and em ploym ent, require the
deputy or deputy jailers, or other officers and employees, to superintend the
conduct and labor of the prisoners, prescribe rules for the governm ent, m anage
m ent, discipline and em ploym ent of the prisoners in the jails and jail buildings of
their respective counties, and the respective sheriff shall enforce the same. * * *
DELAWARE
COUNTY CONVICTS
R E V IS E D CO D E— 1915
S e c t i o n 3538. Vagrants.— [Vagrants sentenced to any workhouse or jail are
to be em ployed in such labor as they shall be able to perform.]
LAWS RELATING TO CONVICT LABOR
179
Se c s . 3542-3544. Tram ps.— [Tramps found w ithin the lim its of a city or town
are to be arrested and put to work on the streets or other public works, or they
m ay be hired to private persons. If worked on the streets or public works, they
are to be allowed such wages as m ay be deemed reasonable, to be paid at the end
of their term. The term of such em ploym ent or hiring m ay not exceed one m onth
at any one time.]
, S e c . 3605. Labor required.— The overseer of the workhouse shall compel all
prisoners convicted of any crime deemed a felony (and may allow all others) to
work and labor according to their ability; * * *.
S e c . 3606. Labor on highways.— [The courts of K ent and Sussex Counties m ay,
in sentencing convicts, where the sentence m ay be hard labor, sentence such con
victs to hard labor on the public roads and highways of those counties for terms
not exceeding three months, in charge of the sheriffs. Eight hours, between 8
a. m. and 5 p. m ., is a day’s labor.]
S e c s . 3608a-3608k (added 1917, ch. 241). Employment.— [The sheriff of K ent
County is charged with the duty of securing em ployment, whenever practicable
and safe, for all convicts in the jail. Those held on charges m ay be perm itted to
work. After 10 per cent of the wages for such em ploym ent has been deducted
for the extra services in securing em ploym ent, one-half is paid to the county
treasurer, and one-half to the prisoner, or to his family; but at least a week’s
wages shall be kept for the prisoner on his discharge.]
S e c . 3612 (as amended 1923, ch. 221). Work time; earnings.— [Convicts in the
N ew Castle County workhouse m ust work at some suitable em ploym ent eight
hours each secular day unless physically disabled. Credit shall be given for
overtim e work, earnings going to the prisoner or to his family.]
S e c . 3613. Highw ay labor.— [Able-bodied convicts in the workhouse in N ew
Castle County m ay be em ployed to assist in building or repairing the public
highways of the county.]
S e c . 3613a (added 1921, ch. 202). H irin g .— [Convicts in the N ew Castle County
workhouse not physically disabled m ay be hired to any person or corporation
within the county for labor at some suitable em ploym ent not to exceed eight hours
per day, prisoners to be credited and paid for overwork.]
S e c . 3615a (added 1923, ch. 222). Female prisoners.— [A farm for woman pris
oners of N ew Castle County is to be procured, and all woman prisoners, unless
physically disabled, compelled to work a t some suitable em ploym ent for not more
than 44 hours per week. If necessary, overtim e work m ay be required, for which
“ fair w ages” shall be paid, according to the nature of the work done. Work
requiring special skill or carrying special responsibility m ay be paid for a t a fair
rate of wages. When not em ployed by the board, any prisoner m ay make for
sale such articles as may be approved by the board, the proceeds to belong to the
maker. The labor of prisoners is to be utilized in behalf of their m aintenance on
the farm, and surplus products m ay be sold for the same purpose.]
S e c .4811. Labor within walls.— [Felony prisoners serving terms of three months
or more in the jails of K ent and Sussex Counties m ay be em ployed at labor
w ithin the walls of the prison, or in any building or yard connected therewith,
the profits to be applied to the use of the county.]
DISTRICT OF COLUMBIA
CODE— 1911
S e c t i o n 1192. Em ployment.— Persons sentenced to imprisonment in the jail
m ay be em ployed a t such labor and under such regulations as m ay be prescribed
by the Supreme Court of the D istrict and the proceeds thereof applied to defray
the expenses of the trial and conviction of any such person.
FLORIDA
STATE CONVICTS
G E N E R A L ST A T U T E S— 1920
S e c t i o n 6112. Labor required.— When punishment of imprisonment in the
State prison is awarded against any convict the form of the sentence shall be that
he be imprisoned by confinement at hard labor. * * *
S e c . 6225. Priso n.— The board of commissioners of State institutions shall
establish a State prison for the safekeeping and punishm ent of prisoners, in
which they shall be closely confined, [and] em ployed a t hard labor, * * *
180
CONVICT LABOR IN 1923
S e c . 6226. Fa rm .— A S tate prison farm is hereby established on the lands
now owned by the S tate of Florida in Bradford County, Fla., and the board
of commissioners of State institutions shall im prove said farm for the purpose of
the care and m aintenance of the women and infirm m ale convicts and all con
victs classed as hospital subjects, and such other convicts as said board m ay
from tim e to tim e place on said State prison farm.
S e c . 6248. Worktime.— Prisoners sentenced to the punishm ent of hard labor
shall be constantly em ployed for the benefit of the State, but no prisoners shall
be compelled to work more than 60 hours in any one week or more than 11 hours
in any one day, and all prisoners, except such as m ay be on the disabled list or
in solitary confinement, shall labor not less than 8 or more than 11 hours a day.
S e c . 6252. Discharge.— [Discharged prisoners receive “ one good suit of
clothes, a hat, and one pair of shoes,” besides $5 in money.]
S e c . 6290. Road force.— There is hereby created a State convict road force,
*
* *
S e c . 6294. Em ployment.— The State road department m ay apply the labor
of the State convict road force to any or all highway construction or m aintenance
done under the supervision of said department.
ACTS OF 1919
C h a p t e r 7833
S e c t i o n 1 (as amended 1923, ch. 9126). Grades.— The S tate prison physicians
shall exam ine and grade all m ale State convicts into tw o grades or classes, to w it:
Grade or class one, which shall consist of all able-bodied m ale convicts capable
of doing a reasonable d a y 's work at m anual labor; grade or class tw o, which
shall consist of all fem ale convicts and all male convicts which shall not have
been placed in grade or class one. * * * All grade or class one convicts,
except not exceeding 50 in number, to be placed upon the State prison farm,
shall be delivered to th e State road department for work upon the public roads
of the State. * * * All grade or class tw o convicts, including all fem ale
convicts, shall be placed and kept at the State prison farm, and no class tw o con
victs shall be transferred to the State road department when in the opinion of
the board of commissioners of State institutions such convict can be worked
to advantage on the S tate prison farm: Provided, T hat such grade and class two
convicts as can be used to advantage upon the public roads w ithout detrim ent
to the well being or health of such convicts, m ay also be placed ujK5n the public i
roads upon the order of the board of com m issioners of State institutions.
1
COUNTY CONVICTS
R E V IS E D G E N E R A L ST A T U T E S— 1920
S e c t i o n 6113. Labor may be required.— W hen punishm ent of im prisonment in
the county jail is awarded against any convict, the court m ay also sentence the
prisoner to be em ployed a t hard labor, and in such case he m ay be em ployed at
such m anual labor as the county commissioners m ay direct.
S e c . 6217 (as amended 1923, ch. 9203). Em ploym ent.— The board of county
commissioners of each county m ay em ploy all persons in the jail of their
respective counties under sentence upon conviction for crime, a t labor upon
the roads, bridges, or other public works of the county where th ey are so
imprisoned. Said county convicts shall be kept and worked under such rules
and regulations and supervisions as m ay be prescribed by the commissioner of
agriculture, w ith the advice and approval of the board of commissioners of State
institutions, and the commissioner of agriculture, w ith the approval of th e board
of commissioners of State institutions, shall have the power to enforce all such
rules and regulations. * * *
[Discharged prisoners receive transportation to the place of sentence, and $5
in m oney if the sentence was for four m onths or more; if for less than four m onths,
$3.]
S e c . 6218 (as amended 1923, ch. 9203). Sam e.— The board of county com
missioners of the several counties are hereby authorized and empowered to
require all county convicts under sentence confined in the jail of their respective
counties for any offense, to labor upon th e public roads, bridges, farms or other
public works owned and operated by the county, or in the event the county com
missioners of any county deem it to the best interest of their county, they m ay
hire out their prisoners to any other county in the State to be worked upon the
LAWS RELATING TO CONVICT LABOR
181
public roads, bridges, or other public works of th at county, or they m ay upon
such terms as m ay be agreed upon between them selves and the State road
department, lease or let said prisoners to the said department instead of keeping
them in the county jail where they are sentenced. * * *
N o convict shall be compelled to labor more than 10 hours per day, nor be
subject to punishm ent for any refusal to labor beyond such lim it: Provided, *
T hat the 10 hours shall be the tim e embraced from the leaving of, to the return
of the prisoner to his place of detention.
ACTS OF 1923
C h a p t e r 9203
S e c t i o n 3. Leasing ended.— All county convicts in this State shall be placed
at work under the provisions of this act or before the first day of January, A. D .
1924. N o new contracts shall be made whereby county convicts shall be leased
to work for any private interest after the passage of this act and it shall become
a law.
All existing contracts heretofore lawfully made for the hire or lease of county
convicts to private parties shall determine and become and be null and void
on Decem ber 31, A. D . 1923, * * *
S e c . 4. Road work.— N othing in this act shall be construed to prohibit
boards of county commissioners in counties where a board of bond trustees,
board of public works or other duly constituted board, have charge of the con
struction and m aintenance of the public road from turning the county convicts
over to the said trustees to be worked on the public roads of said county, subject
to all the rules and regulations herein provided.
GEORGIA
STATE CONVICTS
P E N A L C O D E— 1911
S e c t i o n 1199. Regulations.— [The prison commission has supervision of all
convicts, convict camps, etc., and regulates their hours of labor, having com plete
m anagem ent and control.]
S e c . 1201. Farm , etc.— [The prison commission m ay place any number of
convicts on t h e »State farm to do such work thereon as it m ay deem best. It
m ay also, at the request of authorities in charge, detail as m any as 50 convicts
to work upon the property of any State institution.]
S e c . 1205. Females; boys.— [The commission is authorized to purchase farms
and place fem ales thereon to be put at such labor as is best suited to their sex
and strength. Boys under 15 are also to be placed on such farms.]
S e c . 1206. Sale of products.— The commission shall sell, to the best advantage,
all surplus products of the penitentiary, and shall apply the proceeds thereof
to th e m aintenance of the institution as far as necessary. * * * Provided,
The commission shall have authority to furnish such surplus products, or any
part thereof, to the Georgia State Sanitarium, the academ y for the blind, at
Macon, and to the school for the deaf, at Cave Spring, should this be found
practicable.
S e c . 1207. P u b lic works.— All male felony convicts, except such as are now
required by law to be kept at the State farm, m ay be em ployed by the authority
of the several counties and m unicipalities upon the public roads, bridges or other
public works of said counties or m unicipalities, as hereinafter provided. * * *
and annually, * * * the prison commission shall com m unicate with the
county authorities of the State and ascertain those counties desiring to use
convict labor upon their public roads, and said counties shall, through their
proper authorities, advise the prison commission, in writing, stating whether
they desire to use such labor upon their roads, and the number desired. * * *
A county shall have the right, upon the approval of the prison commission, to
deliver its quota of felony convicts and also its misdemeanor convicts, if it so
desires, to another county, to be used in the construction and repair of public
roads, bridges, or other public works, and the county so receiving such convicts
shall have the right to com pensate the county from which the convicts came,
w ith work upon its public roads, bridges, or other public works, or by the exchange
of an equal number of convicts.
182
CONVICT LABOR IN 1923
S e c .1209. Road gangs,— The prison commission is hereby authorized, * * *
to equip and organize road-working forces, th e sam e to be used for the construc
tion and repair of public roads, bridges, or other public works in th e counties not
using their convicts under th e foregoing sections, when requested by th e authori
ties of such counties so to do; * * *
•
S e c . 1211. M unicipalities may hire,— After the counties have been provided
w ith convicts as set forth, and if there should remain an y convicts not otherwise
disposed of, then the privileges conferred upon counties herein shall be extended
to m unicipalities of this State, which shall have the right to hire convicts from
th e prison commission, in such numbers as m ight be agreed upon, a t th e price
of $100 per capita per annum.
S e c . 1213. F a rm s.— * * * the prison commission, * * * is hereby
authorized to purchase or lease, for a period of five years, w ith the option to
purchase at any tim e, one o r more tracts of land located a t some convenient
point, for the purpose of working the convicts thereon; * * *
S e c . 1214. State-use system,— The S tate farm shall be used as far as possible,
for the purpose of making supplies of all kinds for m aintaining the convicts,
either in farm products or manufacturing articles for the use of the convicts and
the State sanitarium and other State institutions; * * * The prison com
mission is authorized to purchase, out of any available funds over which they
have control, a tract or tracts of land in the same or different parts of th e State,
and erect thereon suitable buildings, stockade, and appurtenances for the safe
keeping and care of those felony convicts not worked by the several counties and
municipalities, and m ay also purchase such livestock, machinery, farm imple
m ents, furniture, etc., which m ay appear to be necessary to carry out the inten
tions of this article. The commission m ay confine a t hard labor upon the prison
farm, or on lands purchased under this section, convicts not engaged in work by
th e counties and municipalities, when not elsewhere engaged under th e direction
of the commission upon roads, bridges, or other public works; * * * The
commission m ay, in connection with the farm work, use said convicts in such
industrial enterprises as they m ay deem advisable, and to this end m ay em ploy
th e convicts in manufacturing such im plem ents and equipm ents or other articles
as m ay be needed for use on the State farm, or road, bridge, or other public works,
and in m aking shoes and clothing and other articles for the use of the convicts
and inm ates of other S tate institutions; b ut th e commission shall not sell or offer
for sale articles so manufactured to the public. * * *
' S e c . 1215. Fa rm work,— If the prison commission has on hand convicts not
provided for under th e foregoing sections of this article, said prison com m ission
m ay place upon said farms such convicts and work the same thereon. * * *
S e c . 1216. Misdemeanor convicts.— I t shall be unlawful for any person or
official, except as herein provided, to hire to any other person or corporation an y
m isdemeanor convict; and it shall be unlawful for any person or corporation to
work any such misdemeanor convict so hired; and any person or corporation
violating the provisions of this section shall be guilty of a misdemeanor. * * *
It shall be the duty of the prison commission, upon notice by th e county authori
ties of any county of th is State h aving misdemeanor convicts undisposed of
under the law, and not having an established chain gang and not working*its
m isdemeanor convicts on the public roads, bridges, or other public works, to
dispose of th e same as felony convicts are herein disposed of in this S ta te : * * *
ACTS OF 1924
(Page 119)
S e c t i o n s 1-3. Em ployment by highway department.— [The S tate highway de
partm ent m ay apply to th e prison commission for the quota of convicts th a t any
county w hich is not working its convicts on th e public roads m ay be en titled to,
and em ploy th e sam e on th e construction of roads under the State-aid road system .
Counties m ay also contract w ith th e highw ay board to use their quota of convicts
in th e construction of any portion of the State-aid road system .]
COUNTY CONVICTS
PO LITIC A L
C O D E— 1911
S e c t i o n 429. Cooperative work,— [Any tw o or more counties carrying on or
m aintaining county public works m ay create a joint working force or chain
gang for the construction, m aintenance, etc., of a system of intercounty public
roads and intercounty public works.]
LAWS RELATING TO CONVICT LABOR
183
S ec . 697. County commissioners.— [Commissioners of roads and revenues,
etc., m ay organize a chain gang for the working of th e public roads of the county.
If the work on such roads is done by contract, contractors shall be required to
em ploy a chain gang, if one is established.]
P E N A L CODE— 1911
S e c t i o n 1065. Sentence to labor.— Except where otherwise provided, every
crime declared to be a misdemeanor is punishable by a fine not to exceed $1,000,
im prisonment not to exceed 6 m onths, to work in the chain gang on the public
roads, or on such other public works as the county or State authorities m ay
emploj' the chain gang, not to exceed 12 months, any one or more of these punish
m ents in the discretion of the judge: Provided, That nothing herein contained
shall authorize th e giving the control of convicts to private persons, or their
em ploym ent by the county or State authorities in such mechanical pursuits as
will bring the products of their labor into com petition w ith the products of free
labor. If the convict be a female, the judge m ay, in his discretion sentence her
to labor and confinement in the woman’s prison on the State farm, in lieu of a
chain-gang sentence, not to exceed 12 months: Provided, That the trial judge
shall have the discretion also of sending afiy person convicted of a misdemeanor
to the State farm.
S e c . 1218. Farm s.— Any county m ay purchase, rent, and m aintain a farm
upon which to work any number of its convicts in connection w ith working its
convicts upon its public roads, bridges, and other public works; and all products
and supplies arising from said farm shall be used in the support of the convicts,
im provem ent of its public roads, bridges, and other public works, and in support
of the county institutions.
MUNICIPAL CONVICTS
P E N A L CODE— 1911
S e c t i o n 1280. Farm s, etc.— Authority is hereby given to the municipal
authorities of any city in Georgia having a population of not less than 54,000
nor more than 75,000 inhabitants, by action of its council or other governing
body, to establish and maintain, either alone or in connection with the county
authorities of the county in which said city m ay be located, a farm, or other place
of confinement, which m ay be situated within the corporate lim its or anywhere
in the lim its of the county where such city is located, and to provide that persons
convicted in the police or other municipal courts of such city m ay be sent to
such farm, or other place of confinement, to be confined and to labor during their
terms of sentence. And the police or other municipal courts of such city as may
take advantage of the authority hereby given are authorized to sentence persons
convicted in such courts to the said farm or other place of confinement and to
labor thereat during the terms of their sentences.
S e c . 1282. Who sent to farm s.— The judges of the State courts, located in a
county where such farm or other place of confinement m ay be established, are
authorized in the sentencing of persons convicted in such State courts of minor
misdemeanors, and in sentencing juvenile offenders, to send them to such farm
or other place of confinement to serve their sentences and undergo any labor th at
m ay be required thereat. The county authorities of such counties where said
State courts are located are authorized and empowered to make rules and regula
tions touching the care, custody, and treatm ent of persons sent from such State
courts.
HAWAII
TERRITORIAL CONVICTS
R E V IS E D LAWS— 1915
S e c t i o n 934. Sanitation work.— For the purpose of removing nuisances, and
causes of sickness, the board of health may require the high sheriff and sheriffs
to cause the prisoners under their charge to aid in such work.
S e c . 1463. Employment.— All prisoners sentenced to imprisonment at hard
labor shall be constantly em ployed for the public benefit, on the public works,
or otherwise, as the high sheriff, with the approval of the attorney general, m ay
think best.
18 4
CONVICT LABOR IN 1923
S e c . 1464. P u b lic works.— The high sheriff shall a t all tim es hold all such
prisoners as shall be confined under sentence of im prisonment at hard labor, at
the disposal of the superintendent of public works, to be em ployed by said super
intendent on the public works, or otherwise, as said superintendent, under the
law, shall direct.
S e c . 1465. Highw ays.— The attorney general m ay, in his discretion, detail for
labor on any public road, upon application to [for] that purpose from any board
of supervisors, as m any prisoners as it m ay deem necessary for such work; said
prisoners to be under the care of their usual overseers and subject to the board
of supervisors only as far as regards the m ode of their em ployment.
S e c . 1466. Lim itations.— Such prisoners shall not be em ployed in any labor
except for the Territory or a political or other subdivision thereof: Provided,
however, That charitable institutions m ay have the use and em ploym ent of
such prisoners as the high sheriff, with the approval of the attorney general, m ay
deem it advisable to so allow.
S e c . 1467. Females.— Female prisoners shall be k ept entirely separate from
the male prisoners, and shall be em ployed in making m ats, in sewing, in wash
ing the clothes of the prisoners, and in such other suitable occupations as th e high
sheriff shall direct.
S e c . 1490. Discharge.— [Prisoners' discharged after serving sentence of one
year or more at hard labor in the Territorial prison, if lacking funds for present
purposes, shall be furnished $5 and a suit of clothes costing not more than $10.]
ACTS OF 1917
N o. 181
Earnings.— [Prisoners in the Oahu prison, em ployed at hard labor, m ay be al
lowed not to exceed 25 cents per day, such sum not to be subject to garnishment
or like process. The act does not apply to any prisoner until he has served at
least three m onths of his term of sentence.]
COUNTY CONVICTS
R E V IS E D LAWS— 1915
S e c t i o n 2220. P u b lic works.— Prisoners who are serving sentence in any
county or city and county jail shall not be em ployed outside of the premises of
such institution in any labor except for the territory or a political or other sub
division thereof: Provided, however, That charitable institutions, m ay have the
use and em ploym ent of such prisoners as th e sheriff of the couhty or city and
county shall deem it advisable to so allow. * * *
IDAHO
STATE CONVICTS
C O M PIL E D ST A T U T E S— 1919
S e c t i o n 1572. Highways.— The department of public works shall, subject to
such rules and regulations as are now or m ay hereafter be adopted by th e State
board of prison commissioners, have authority to make requisition upon the
warden of the State penitentiary for such of the convicts sentenced to and con
fined in the State penitentiary as in the judgm ent of the warden are able-bodied
and able to do physical* labor, and such number of such convicts as in the judg
m ent of such warden is deemed reasonably safe for such purpose, to work upon
any of the highways laid out, constructed, improved or determined to be laid
out, constructed or improved by the said department of public works. * * *
S e c . 1573. Earnings.— [Convicts em ployed on the State highways are to be
paid $5 per month.]
S e c . 9356. State board duties.— The governor, the secretary of state, and at
torney general are hereby constituted a board of State prison commissioners, of
which the governor shall be chairman. Said board shall have the control, direc
tion and management of the penitentiary of the State, and it shall be [the] duty
of said board, either by direct expenditure or by contract w ith a responsible
person or persons, to provide for the care, m aintenance and em ploym ent of
all inmates confined, or th at m ay hereafter be confined, in the State peniten
tiary. * * *
LAWS RELATING TO CONVICT LABOR
185
S e c . 9392 (as amended 1923, ch. 35). Em ployments; earnings.— The State
prison commissioners shall have authority to use, under such rules and regula
tions as they m ay prescribe, the labor of convicts either within or w ithout the
walls of the penitentiary and on all public works done under the direct control
of the State: Provided, That so far as practicable, no article shall be manufac
tured with convict labor which is extensively manufactured in the State of
Id ah o: A n d provided further, That when convict labor is em ployed in the manu
facture of any article for sale, the State prison commissioners are hereby em
powered to prescribe w hat shall constitute a day’s work for any convict, and m ay
credit to such convict a percentage of the income from his labor over and above
the am ount fixed by the State prison commissioners as a day’s work, and any
sum so credited shall be paid to such convict, or his dependents in such manner
and at such tim e as m ay be prescribed by the State prison commissioners.
COUNTY CONVICTS
C O M PIL ED STA T U T E S— 1919
S ectio n 9431. P u b lic works and ways.— Persons confined in the county jail
under a judgm ent of conviction rendered in any criminal case, either under a
judgm ent of imprisonment or a judgm ent for the paym ent of a fine and costs,
m ay be required by an order of the board of county commissioners to perform
labor on the public works or w ays in the county.
S ec . 9435. Work compulsory.— N o prisoner liable to em ployment as provided
in this chapter shall be exem pt therefrom except by reason of physical disability.
MUNICIPAL CONVICTS
C O M PIL ED ST A T U T E S — 1919
S ectio n 3889. Work fo r city.— W henever the defendant is sentenced to im
prisonment for th e violation of a city ordinance he shall be put to work for the
benefit of the city, under the direction of the mayor, for the term of his im
prisonment: * * *
ILLINOIS
STATE AND COUNTY CONVICTS
;
j
S e pa r a te
C O N ST IT U T IO N
sectio n (adopted 1886). Leasing forbidden.— Hereafter it shall
be unlawful for th e commissioners of any penitentiary or other reformatory
institution in the S tate of Illinois, to let by contract to any person or persons, or
corporations, the labor of any convict confined within said institution.
STATE CONVICTS
R E V IS E D ST A T U T E S— 1917
C h a pter 108
S ectio n 76. Duties of board.— The Board of Prison In d u stries8 of Illinois
shall faithfully and diligently put into operation in the State of Illinois the
provisions of this law as hereinafter set forth, and establish in this State, in con
form ity w ith this act, a scheme of prison industry best calculated to promote the
interests of the State. When such plan is so established by said board, the
commissioners of the aforesaid penitentiaries and the board of managers of
said reformatory, shall be charged w ith the carrying of said plans into execution
in their respective institutions. * * *
S e c . 77. D isposition of goods.— It shall be the duty of the Board of Prison
Industries of Illinois to attend to th e disposition and distribution of all the
products of the skill and labor of said convicts and prisoners. T hey shall par
ticularly be charged w ith the duty of seeing th at under no circumstances shall
any of the products of the labor of said convicts or prisoners m entioned in this
act be sold upon the open markets, except as hereinafter provided. They shall
see that the said products do not enter into conflict with any of the established
industries of the State, except as hereinafter provided. It shall be their duty
8 Powers and duties transferred to the department of public welfare.
186
CONVICT LABOR IN 1923
at all times to inform themselves, so far as possible, of the industrial conditions
of the State of Illinois, and to see that the labor of said convicts and prisoners
does not enter into competition with the products of free labor, except as herein
after provided.
S e c . 79. Leasing.— The Board of Prison Industries of Illinois, or the com
missioners of said penitentiaries, or either of them, or the board of managers
of said reformatory, shall not, nor shall any other authority whatsoever, make
any contract by which the labor or time of any prisoner or convict in any peni
tentiary or reformatory of this State or the product or profit of his work shall
be contracted, let, farmed out, given or sold, to any person, firm, association or
corporation; except that the said prisoners or convicts in said penal or reforma
tory institutions may work for, and the products of their labor may be disposed
of to the State, or for or to any public institution owned or managed and con
trolled by the State.
S e c . 80. Hours, etc., of labor.— The wardens, superintendents, managers, and
officials of all reformatories and penitentiaries in the State shall, so far as prac
ticable, cause all the prisoners in said institutions, who are physically capable
thereof, to be employed at useful labor, not to exceed eight hours of each day,
other than Sundays, and public holidays, but such useful labor shall be either
for the purpose of production of supplies for said institutions, or for the State,
or for any public institution owned or managed and controlled by the State, or
for the purpose of industrial training and instruction, or for the making of
crushed rock for road material^ and for the improvement of public grounds
owned by the State, or use in and upon public buildings owned by the State,
or for agricultural pursuits for the support of the inmates of the State institu
tions, or partly for one and partly for the other of such purposes, or a com
bination of all of said industries and employments: Provided, however, That it
shall be the policy of the State to use in such industries no more machinery or
motive power, other than hand and foot power, than may be required to success
fully carry this act into effect: And provided further, That the board of managers
o f the said Illinois State reformatory at Pontiac may use all or any part of the
eight hours provided herein for the labor of the convicts in giving of useful
instruction to the inmates of said reformatory.
Se c . 81. Classes of work: First grade.— The labor of the prisoners of the first
grade in each of said penitentiaries and reformatories shall be directed with
reference to fitting the prisoner to maintain himself by honest industry after his
discharge from imprisonment as a primary or sole object of such labor and such
prisoners of the first grade may be so employed at hard labor for industrial
training and instruction, even though no useful or salable products result from
their labor, but only in case such industrial training or instruction can be more
effectively given in such manner. Otherwise, and so far as consistent with the
primary object of the labor of prisoners of the first grade as aforesaid, the labor
of such prisoners shall be so directed as to produce the greatest amount of useful
products, articles, and supplies needed and used in the said institutions, and in
the buildings and offices of the State, or in any public institutions owned and
managed and controlled by the State, or said labor may be for the State.
S e c . 82. Second grade.— The labor of prisoners of the second grade in said
penitentiaries and reformatories shall be directed primarily to labor for the
State, or to the production or manufacture of useful articles and supplies for
said institutions, or for any public institutions owned or managed and con
trolled by the State.
S e c . 83. Third grade.— The labor of prisoners of the third grade in said peni
tentiaries and reformatories shall be directed to such exercise as shall tend to
the preservation of health, or they shall be employed in labor for the State,
or in the manufacture of such articles and supplies as are needed and used in the
said institutions, and in the public institutions owned or managed and con
trolled by the State.
S e c . 84. State-use system.— All convicts, sentenced to State penitentiaries
and reformatories in this State shall be employed for the State, or in productive
industries for the benefit of the State, or for the use of public institutions owned
or managed and controlled by the State, which shall be under rules and regu
lations for the distribution and diversification thereof, to be established by the
Board of Prison Industries of Illinois.
S e c . 85. Supplies for State me.— The labor o f convicts in penitentiaries and
reformatories in this State after the necessary labor for the manufacture of all
needed supplies for said institutions shall be primarily devoted to the State
and the public institutions and buildings thereof, and the manufacture of sup
plies for the State and public institutions thereof, and secondly to the school
LA W S R E LA TIN G TO CONVICT LABOR
187
and road districts of the State and the public institutions thereof: But provided,
That if the demands of the State, the State institutions and the school and road
districts thereof, as herein provided, shall not be sufficient to furnish employ
ment to all the prisoners of the penal and reformatory institutions of the State,
then the board of prison industries may and are hereby authorized to dispose
of the surplus products of such labor to the best advantage of the State: But
provided further, That not more than forty per cent (40 per cent) of said pris
oners in the penal and reformatory institutions shall be employed in the manu
facture of products of industries heretofore established, which may be disposed
of other than to the State, State institutions, and school and road districts of
this State: And provided further: That the said board of prison industries under
the direction of the governor is hereby authorized to employ not more than
forty per cent (40 per cent) of said prisoners in the penal and reformatory insti
tutions for the improvement of the channels of the Okaw, Cache, Little W abash,
Big M uddy, Saline, and Sangamon Rivers.
Se c . 86. Crushed rock.— Crushed rock or other manufactured road material
created by the labor of such convicts or prisoners shall be furnished free at such
penitentiary or reformatory institutions, upon the requisition of the State high
way commission but upon the express agreement that such material shall "be
placed in a permanent public roadway.
Se c . 87. Distribution of labor, etc.— It shall be the duty of the Board of Prison
Industries of Illinois to distribute among the penal institutions under their jurisdi Ion the labor and industries assigned to the Board of Prison Industries of
Illinois to said institutions, due regard being had to the location and convenience
of the prison and of other institutions to be supplied, the machinery now therein
and the number of prisoners, in order to secure the best service and distribution
of the labor, and to employ prisoners, so far as practicable in occupations in which
they will be most likely to obtain employment after their discharge from impris
onment. * * *
S e c . 88. Manufactures.— The Board of Prison Industries of Illinois and the
superintendents of reformatories and wardens of penitentiaries respectively are
authorized and directed to cause to be manufactured by the convicts in the peni
tentiaries and reformatories such articles as are needed and used therein, and also
such as are required by the State, and in the buildings, offices and public insti
tutions owned or managed and controlled by the State, including articles and
materials to be used in the erection of the buildings. All such articles manu
factured in the penitentiaries and reformatories and not required for use therein
may be furnished by the State or for, or to any public institution owned or man
aged and controlled by the State at and for such prices as shall be fixed and
determined as hereinafter provided, upon the requisition of the proper official,
trustee, or managers thereof. N o articles so manufactured shall be purchased
from any other source for the State or public institutions of the State unless
said Board of Prison Industries of Illinois shall certify that the same can not be
furnished upon such requisition, and no claim therefor shall be audited or paid
without such certificate.
Se c . 90. Prices.— The president of the Board of Prison Industries of Illinois,
the president of the State board of public charities and the auditor of public
accounts of Illinois, are hereby constituted a board to be known as the board of
classification. Said board shall fix and determine the prices at which all labor
performed and all articles manufactured and furnished to the State, or to the
public institutions thereof shall be furnished, which prices shall be uniform tcf
all. The prices shall be as near the usual market price for such labor and supplies
as possible. The State board of prison industries shall devise and furnish to all
such institutions a proper form for such requisition, and the auditor of public
accounts shall devise and furnish a proper system of accounts, to be kept for all
such transactions. So far as practicable all supplies used in such buildings,
offices and public institutions shall be uniform for each class, and of the styles,
patterns, designs, and qualities that can be manufactured in the penal and
reformatory institutions of this State.
Se c . 91. Earnings.— [Prisoners may be allowed compensation fixed by the
authorities, in an amount not to exceed 10 per cent of the earnings of the insti
tution.]
Se c . 103. Road materials.— The Department of Public W elfare of the State of
Illinois is authorized and empowered to employ convicts and prisoners in the
penal and reformatory institutions of the State in the manufacture of tile and
culvert pipe suitable for draining the wagon roads of the State, and in the prepara
tion of road building and ballasting material, including cement, crushed rock,
and any and all other road building material. Such tile, culvert pipe, cement,
188
CONVICT LABOR IN 1923
crushed rock, road building and ballasting material to be furnished free for use
on the State aid roads of the State. Said convicts and prisoners may also be
employed in the manufacture of road machinery, tools, and necessary appli
ances for the building, maintaining, and repairing of the wagon roads of the
State; such tile, culvert pipe, road building and ballasting materials, road
machinery, tools, appliances, to be placed upon railroad cars and forwarded to
proper destinations, to be used as hereinafter provided.
S e c . 104. Sale to counties, etc.— * * * Any surplus of road-building mate
rials, prepared by such convicts or prisoners, "may be sold to counties, cities,
towns, and villages of the State, for road and street purposes, at cost.
S e c . 105. Sale to railroads.— The State highway commission is hereby author
ized and empowered to negotiate with railroad lines in the State of Illinois for
rates of transportation on all such material and machinery, tools, and appli
ances, and it may contract with such railroads for such transportation, to be
paid in ballasting material at an agreed price.
Se c . 106. Highway labor.— [Convicts in State penal and reformatory institu
tions may be employed in work on the public roads or the preparation of road
material, on the written request of county or township authorities.]
COUNTY CONVICTS
R E V IS E D
S T A T U T E S — 1917
C h a p t e r 34
S e c t io n 25. Workhouses.— The county boards of the several counties shall
have power:
♦
*
*
*
*
*
*
Fourth. To cause to be erected, or otherwise provided, a suitable workhouse,
in which persons, convicted of offenses punishable by imprisonment in the
county jail, may be confined and employed, and to make rules and regulations
for the management thereof. They may contract for the use of the city workhouse when the same can satisfactorily be done.
C h a p t e r 38
S e c t io n 168a. Employments.— Hereafter any person convicted in any court
of record of any misdemeanor under the Criminal Code of this State the pun^
ishment of which in whole or in part now is, or hereafter may be, imprisoned
[imprisonment] in the county jail, the court in which such conviction is had,
m ay in its discretion, instead of committing to jail, sentence such person to
labor in the work house of any city, town, or county, where the conviction is
had, or on the streets and alleys of any city, town, or on the public roads of the
county, under any street commissioner, city marshal, or person having charge
of the workhouse, streets, or public roads of such city, town, or county, or to
such labor under the direction of the sheriff as the county board may provide for.
INDIANA
STATE CONVICTS
ANNOTATED
S T A T U T E S — 1914
Se c t io n 2195. Labor required.— When any person is imprisoned in the State
prison, he shall be kept at hard labor therein during the period for which he was
sentenced.
S e c s . 8262-8272. Sale of goods.2— [N o person or corporation may expose for
sale “ any convict-made goods, merchandise or wares” without a license from
the secretary of state. A n annual fee of $500 is required, and a bond in the sum
of $5,000, conditioned on observance of the law. All goods, wares, etc., “ made
or partly made by convict labo r” must be marked “ convict made,” and may.
not be exposed for sale within the State without such mark, on the article, if
possible, otherwise on a label attached thereto, and to the box or other package.]
S e c . 9846 (as amended 1917, ch. 152). Farm work.— The said board of control
[of the State prison] is hereby authorized to lease lands within a reasonable dis
tance from said prison, to be selected by them, to be employed and used in
2 See note, p. 169.
LAWS RELATING TO CONVICT LABOR
189
raising and cultivating farm products, the same to be used to supply the wants
and needs of said prison, and should there remain any surplus, the same may be
sold in the open market, and said board of control may employ, upon said lands,
so leased, all necessary prisoners. The control and superintendency of said
leased lands and the convicts employed upon the same shall be under the direct
control of the officers of said prison.
Se c . 9847. Contract system abolished.— N o contracts for the labor of the con
victs shall be made for a longer period than up to October 1, 1920. * * *
A commission of five is hereby created for the purpose of investigating the con
dition and devising a plan by which the convict labor in this State can be employed
without interfering and competing with outside labor and industries. * * *
Se c . 9850. Handwork.— It is the intent and purpose of this act that all work
done by the prisoners of the Indiana State prison, under the State account sys
tem, shall be handwork as far as practicable or remunerative to the State.
Sec. 9852. Printing .— [No expenditure of equipment funds shall be made for
printing machinery or material.]
S e c . 9852a. Highways.— The board of trustees of the Indiana reformatory
and the board of control of the Indiana State prison are each hereby authorized
and empowered to work inmates of said reformatory and prison or any number
thereof upon the public highways of this State, whenever there is no labor within
the walls of said institutions at which they can be employed. * * *
Se c . 9858. Binder twine.— The board of control of the Indiana State prison is
hereby authorized to equip and operate a binder twine and cordage plant in said
prison; the labor necessary for the operation thereof to be prison labor as far as
possible, consistent with the efficient operation of the same.
Se c . 9854. Sale of twine.— * * * the output of said plant shall be sold at
such times and places, and in such manner and at such prices as said board of
control, warden of said prison, and the governor shall determine to be the best
interest of the State.
S e c s . 9882, 9883. Discharge.— [Discharged convicts are to receive transporta
tion to a point not more remote than the place of sentence, $5 in money, a suit of
clothes, costing not more than $6, and if between November 1 and April 1, an
overcoat at a cost not exceeding $5.]
Se c . 9918. Contract system abolished.— The contract system of labor for the
inmates of the Indiana reformatory shall be abolished after July, 1906.
Se c . 9919. Instruction.— It shall be the duty of the board of managers to pro
vide for teaching the inmates in the common branches of an English education;
also in such trades and handicrafts and to offer such rewards as will enable them,
upon their release, to more surely earn their own support and make self-reliant
and self-supporting citizens. * * *
S e c . 9920. Trade schools; manufactures.— In the employment, education, and
training of the inmates of the reformatory the board of managers shall have full
power to establish and introduce such trades schools as said board may determine
for the training of the inmates in the mechanical arts, and to provide for the man
ufacture of goods on State account, for the production of such articles as are
used in the institutions of the State and in certain political divisions of the State,
and in the production of such articles as may be found practicable: Provided,
That said reformatory shall not produce any school books and desks used by
pupils for use, or which shall be used in the common schools of the State, or print
any other books or blanks except for the use of said reformatory.
Se c . 9921. Disposition of goods.— The State institutions, except where similar
articles are made therein, and political divisions of the State using supplies such
as are produced in said reformatory shall be required to purchase the same at a
fixed price by a board of classification hereafter provided for: Provided, The
board of trustees of said reformatory are and shall be authorized to sell any
surplus of articles so produced upon the market.
Se c . 9926a. State farm.— There shall be and is hereby established under the
provisions of this act a correctional institution for male violators of the law, to
be known as the Indiana State farm.
Se c . 9926k. Employments.— It shall be the purpose of the State farm to em
ploy the prisoners committed or transferred thereto, in work on or about the
buildings and farm and in growing produce and supplies for its own use and for
the other institutions of the State; in preparation of road material; and in making
brick, tile, paving material and such other products as may be found practicable
for the use of the State or any municipal subdivision therein and for the proper
and healthful employment of such prisoners.
177°— 25t----- 13
190
CONVICT LABOR IN 1923
A C T S O F 1917
C h a p t e r 83
S e c t io n 1. State supplies.— The boards of trustees of the Indiana reformatory,
the Indiana State prison, and the Indiana State farm, are hereby empowered
and authorized to manufacture such articles as are used by the State, its institu
tions and its political divisions, and to produce such articles and products as
m ay be found practicable, and to sell the surplus, if any, upon the market.
Se c . 2. State, etc., to purchase.— The State, its institutions, except those which
produce similar articles, and the political divisions of the State using such articles
as may be produced under the provision of this act shall be required to purchase
such articles at a price fixed by the board of classifications of industries herein
after named, which price shall not exceed the market price for articles of the same
grade.
S e c . 3. Board of classification; prices.— The superintendent and the president
of the board of trustees of the Indiana reformatory, the warden and the president
of the board of trustees of the Indiana State prison, and the superintendent and
president of the board of trustees of the Indiana State farm, respectively, are
hereby constituted a board to be known as the board of classification of industries,
and it shall be the duty of this board to determine what industries shall be
operated in the institutions named in this section, to the end that unnecessary
duplication of industries may be avoided, and to fix the prices of the respective
articles manufactured at a rate not to exceed the market price for articles of the
same grade. * * *
S e c . 4. List of articles; requisition.— [The trustees named are to prepare a list
of the articles which the various institutions are prepared to furnish and the prices
of the same. State, county, township, etc., boards and officials in need of such
articles shall make requisition therefor, allowing reasonable time for the manu
facture of the same, and may not purchase elsewhere articles obtainable from
the State reformatory, prison or farm.]
A C T S O F 1919
C h a p t e r 53
S e c t io n 30. Road materials.— The State highway commission, with the ap
proval of the governor, may enter into agreement with the authorities of any of
the penal institutions of the State, county, or city for the use of prison labor in
the preparation and manufacturing of road materials.
C h a p t e r 60
S e c t io n 18. Parks , etc.— The department of conservation shall have the
following powers, duties, and authority :
6.
To employ, with the approval of the authorities having control of any
State penal institution, the convicts committed to any such penal institution,
for the purpose of producing or planting trees, clearing, improving, repairing,
draining, or developing lands purchased or acquired by the State for parks or as
scenic or historic places.
COUNTY CONVICTS
ANNOTATED
S T A T U T E S — 1914
S e c t io n 10029. Labor required.— All prisoners and other persons held in the
[county] workhouse shall, as far as may be consistent with their age, sex, and
ability, be kept at hard labor in such manner as the board of commissioners
shall deem most advantageous to such county, and under such rules and regula
tions as such board may, from time to time, prescribe— such labor to be performed
in or about the workhouse, or upon any public wharf, street, alley, highway, or
thoroughfare within the county, or upon any other work or public improvement
which such board may deem for the welfare of the citizens of such county, or
at such other labor, and in such manner, as such board may deem best. Such
work shall be done under the direction and supervision of the superintendent of
the workhouse; and for this purpose the board of commissioners may meet at
any time and make all proper orders which shall be spread upon the records of
such court. [See also ch. 53, acts of 1919, above.]
LAWS RELATING TO CONVICT LABOR
191
IO W A
STATE CONVICTS
CODE
OF
1907 A N D
SUPPLEM ENT
1913, 1915
S ec tio n 5675. Hard labor required.— All punishment in the penitentiary by im
prisonment must be by confinement to hard labor, * * *.
S e c . 5684. Discharge.— A discharged convict receives transportation to his
home, if he has one, or a point similarly distant, a suit of common clothing, and
not less than $3 nor more than $5 in money.
S e c . 5707. Leasing forbidden; stone breaking.— Able-bodied male persons
sentenced to imprisonment in the penitentiary may be taken to that at Anamosa,
or to that at Fort Madison, there confined and worked in places and buildings
owned or leased by the State outside of the penitentiary inclosures; but the
labor of such convicts shall not be leased, and the warden shall keep a regular
time-table of the convict labor and record thereof in a book provided for that
purpose, and shall also keep a record of all the business under his control, return
ing to the clerk at the close of each day an account thereof, together with that
of convict labor. H e shall also have all stone which is not used for building
purposes by the State, together with all refuse stone at the quarries, broken,
to be used for the improvement and macadamizing of streets and highways,
this work to be done by convict labor when not otherwise employed, but the
warden may in his discretion make sue!) disposition of any surplus refuse stone
at the quarries as may be for the best interest of the State.
. S e c . 5708. Disposition of stone.— If any county, township, town, city, or road
district desires such stone for such purposes, the road supervisor or other officer,
having the supervision of streets and roads shall notify the county auditor, who,
if satisfied the stone is needed for said purposes, shall issue his requisition upon
the warden of the penitentiary for the quantity desired, * * * and the stone
thus broken shall be used or disposed of for no other purpose, except by the
State, or such other purposes as may be named in this chapter.
S e c . 5 7 1 8 -all. Employment.— The inmates of the penitentiary and of the
reformatory shall be employed only on State account and for State use and on
any public works: Provided, however, That none of said employment for State
account or State use shall be exercised or performed within the corporate limits
of the city of Fort Madison or the city of Anamosa, unless performed on State
premises, and excepting such employment as pertains to existing contracts or
exclusively for the benefit of the State. Said employment shall be conducive
to the teaching of useful trades and callings so far as practicable, and the intel
lectual and moral development of such inmates: Provided, however, Such inmates
may be employed to complete any contracts now existing for prison labor to be
performed in such pentitentiary or reformatory, but such contracts shall not be
extended nor renewals thereof entered into nor like contracts made unless by
this act otherwise provided. The board of control is hereby authorized and
empowered to establish such industries as it may deem advisable at said peni
tentiary, and at said reformatory, and at or in connection with any of the penal,
reformatory, or other institutions under its jurisdiction, and the inmates may
render service as herein limited and defined, at or away from any of said insti
tutions with the consent of said board of control, but no service shall be rendered
by any such inmate for any person, firm, or corporation at a less wage than is
paid free labor for a like service or its equivalent, and when so rendering service
they shall be held to be under the jurisdiction of the warden or superintendent of
the institution to which they are committed. * * *
Se c . 5 7 18 -alla. Earnings.— Whenever services are rendered by any inmate
at any institution under the supervision and jurisdiction of the board of control,
the board of control may whenever practicable allow such inmate compensation
which shall not exceed the amount paid to free labor for a like service or its
equivalent, less such amount that the State is put to for maintenance as the
board of control may deem equitable, and in addition to deducting an amount
to defray the cost of maintenance the board of control may also deduct an
amount sufficient to pay all or a part of the costs taxed to any inmate by reason
of his commitment.
Se c . 5718-a28a. Highways, etc.— The board of control of State institutions,
with the advice of the warden of any penal institution of this State, is hereby
authorized to permit any able-bodied male prisoners to work upon the highways
of this State or upon any public works, but such labor shall not be leased to
contractors, and no prisoners shall be designated or permitted to work upon the
highways or any public works whose character and disposition makes it probable
CONVICT LABOR IN 1923
192
that he would attempt to escape, or that he would likely be an unruly or ungov
ernable prisoner, or violate any of the laws of the State while engaged in such
work, or whose health would be impaired by such labor; and no prisoner who
is opposed to working upon the highways of this State or upon any public works
shall be required to perform such labor.
Se c . 5718-a28g. Earnings.— The board of control is hereby authorized to
allow prisoners who work upon the highways of the State such part of the earnings
received by the prisoners as the board shall deem just and equitable over and
above the cost of maintenance of such prisoners, ana m ay deduct a part of such
earnings and forward direct to the family or person dependent upon such prisoner
for support; * * *
COUNTY CONVICTS
CODE
OF
1897 A N D
SUPPLEM ENT
OF
1913, 1915
S ec tio n 5652. Labor may be required.— Able-bodied male persons over the
age of 16, confined in any jail under the judgment of any tribunal authorized to
imprison for the violation of any law, ordinance, by-law, or police regulation, may
be required to labor during the whole or part of the time of his sentence, as here
inafter provided, and such tribunal, when passing final judgment of imprison
ment, whether for nonpayment of fine or otherwise, shall have the power to and
shall determine whether such imprisonment shall be at hard labor or not.
S e c . 5653. Place of labor; hours.— Such labor may be on the streets or public
roads, on or about public buildings or grounds, or at such other places in the
county where confined, and during such reasonable time of the day as the person,
having charge of the prisoners may direct, not exceeding eight hours each day.
S e c . 5654 (as amended 1923, ch. 255). Sheriff to superintend.— If the sentence
is for the violation of any of the statutes of the State, the sheriff of the county
where the imprisonment is shall superintend the performance of the labor and
furnish the tools and materials, if necessary, to work with, at the expense of the
county in which the convict is confined, and such county shall be entitled to his
earnings. Such labor shall be performed in accordance with such rules as may
be made b y resolution of the board of supervisors, not inconsistent with the
provisions of this chapter, and such labor shall not be leased.
S e c . 5660. City jails.— The provisions of this chapter shall apply, as far as
may be, to city jails and the persons in charge thereof.
KANSAS
STATE CONVICTS
GENERAL
S T A T U T E S — 1915
S ec tio n 9977. Management.— It shall be the duty of the warden, under the
rules and regulations adopted by the board of directors for the direction and
government of all officers of the penitentiary: * *
* Fifth, to use every
proper means to furnish employment to the prisoners most beneficial to the
public and best suited to their several capacities under the direction of the
directors. Sixth, to superintend any manufacturing, mining, or other business
that m ay be carried on pursuant to law in and about the penitentiary in behalf of
the State. To receive and take charge of any articles manufactured or produced,
and to sell and dispose of the same for the benefit of the State, in the manner
prescribed by law or by the board of directors. * * *
S e c . 9982. Discharge.— [Discharged convicts receive a suit of clothing not
exceeding $10 in value, unless otherwise provided for, and not to exceed $10 in
money.]
S e c . 10000. Earnings.— The convicts in the State penitentiary shall be per
mitted to participate in their earnings as follows, viz: Each convict shall have
allowed to him out of his earnings 5 per cent upon each day’s labor, the value of
each day’s labor being computed at 75 cents: * * *
S e c . 10003. Contracts.— 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 45 cents per diem for each able-bodied convict. N o bid shall be
entertained unless it is accompanied with a bond of $5,000, which bond shall be
conditioned for a faithful compliance with the terms of the bid made if accepted
Se c . 10007. Employments; work time.— * * * 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. N o contract shall be made for the employment of the prisoners
outside of the prison grounds. A day’s labor shall be 10 hours. * * *
LAWS RELATING TO CONVICT LABOR
193
S e c . 10008. M ining coal.— 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 pentitentiary 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, * * *
or may purchase and acquire the fee to such land for the State * * *.
S e c . 10009. Sale of coal.— 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 statehouse, the insane asylums, and other State insti
tutions 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 1 cent per bushel higher than the
surplus is contracted to be sold as hereinafter provided.
S e c . 10010. M ine not to be leased.— 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 peni
tentiary to the limits of the city of Leavenworth.
S e c . 10012. Sale of coal forbidden.— N o coal mined at the pentitentiary shall
hereafter be sold on the market, by contract or otherwise.
Se c . 10013. Output limited.— The output of coal at the penitentiary mine
shall be limited to the needs of the public buildings and institutions of the State.
S e c . 10015. Restrictions.— It shall be unlawful to allow any convict in the peni
tentiary to perform any labor for private citizens outside of the penitentiary
grounds for hire or otherwise, * * * and it shall be the duty of the warden
to employ the surplus convict labor extending and repairing the State and county
roads, and upon other work exclusively for the benefit of the State.
S e c . 10022. Earnings.— [Convicts are to receive not less than 10 nor more
than 25 cents per day worked.]
S e c . 10024. Highways.— 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 in such county and 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: * * * And provided, That
the earnings of such convicts, after deducting sufficient thereof to pay and satisfy
the cost of maintenance and retention, shall be given to the family of such con
vict, or dependents if there be any; if there be none, the sums accumulated shall
be paid to such convict upon his discharge from the penitentiary.
Se c . 10026. Bridges, etc.— Said convicts, when employed under the provi
sions of section 1 of this act, shall not be used for the purpose of building any
bridge or structure of like character which requires the employment of skilled
labor.
S e c s . 10029-10035. Twine plant.— [These sections make financial provision
for the erection and maintenance of a hard-fiber twine plant at the State peni
tentiary at Lansing. Details as to employment, methods of work, etc., are not
given. The sale of twine is regulated as follows:]
S e c . 10031. Sale of twine.— Said warden of the Kansas State Penitentiary,
by and with the approval of the board of directors thereof, is hereby vested
with power and authority to sell and dispose of to the best advantage of the
State, giving preference to orders from resident of this State, all the manufac
tured product of said [twine] plant.
S e c . 10066. Employment of prisoners.— * * * They [the inmates of the
State reformatory] may be employed in such labor as will best contribute to their
support and reformation: Provided, That the time or labor of said inmates shall
not be contracted or sold to any individual, firm, or corporation.
Se c . 10067. Credits.— The board of managers shall adopt uniform rules under
which each inmate shall be allowed such a sum per day, not to exceed 2 cents per
day while he is in the second grade and 3 cents per day while he is in the first
grade, as will in their judgment enable him to accumulate a sufficient amount
to pay his expenses to some employment when he is discharged and sustain him
until he receives his first wages. * * *.
194
CONVICT LABOR IN 1923
A C T S O F 1920
C h a p t e r 65
S ec tio n 1. Amount of coal to be mined.— The minimum production of each
inmate miner of the penitentiary who shall be detailed to work in the coal mines
of the State at Lansing shall be 9 tons a week.
Se c . 2. Credit for excess.— A ny inmate miner who shall produce more than
9 tons o f coal a week shall be credited with the excess and shall be paid therefor
a sum not exceeding the compensation paid to miners generally for mining coal
under like conditions in the district wherein such coal mines are located.
ACTS
OF
1923
C h a p t e r 45
S e c t io n 3. Limitation .4
— 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 upon the public highways of the State,
and the warden shall employ the surplus convict labor in extending and repair
ing the State and county roads, and upon other work exclusively for the benefit
of the State. * * *
COUNTY CONVICTS
G E N E R A L S T A T U T E S — 1915
S ec tio n 8286. Employment.— The board of county commissioners of any
county in tins State may, whenever they may deem it advisable so to do, properly
shackle and work, under such rules and regulations as they may from time to
time ordain and establish, each and every male prisoner committed to the jail
of their respective counties for failing to pay the fine and costs adjudged against
such prisoner on his conviction and increased costs, and also any male person
failing to pay the costs adjudged against him as the prosecuting witness in any
criminal proceeding: Providedf That if the county commissioners deem it advisable
they m ay agree for said labor or services on any street, highway, poor farm or
any public work under the direction or control of said State or county official.
S e c . 8287. Stoneyard.— The board of county commissioners m ay establish a
county stoneyard, and work male prisoners mentioned in the first section of this
act at breaking stone for use in macadamizing streets and roads, under such rules
as they may from time to time ordain and establish.
S e c . 8288. Disposition of stone.— The board of county commissioners of the
proper county are authorized to sell or dispose of such stone as they may have
had broken, on such terms as they may deem advisable, or, in case they can not
sell the same, to use the same for the improvement of some designated road or
street; and on making a sale of such stone, the money arising therefrom shall be
used to pay for stone delivered at the county stoneyard, and the remainder shall
be applied to the payment of the fine and costs standing against the person
breaking the same.
S e c . 8289. Work on highways.— In case when a prisoner shall so desire, and shall
enter an undertaking to the proper county with good and sufficient sureties, to
be approved by the county clerk, that he will do a given or specified amount of
work on some highway designated by the chairman of the board of county com
missioners of the proper county, and in a specified time, in full satisfaction of the
said fine and costs charged against the said prisoner, the chairman of the board
of county commissioners of the proper county is authorized to accept such under
taking, and direct the jailer to allow such prisoner to leave said jail for the pur
pose of doing the specified work. Said work may be done under the direction
and control of some road overseer designated by the chairman of the board of
county commissioners of the proper county; and when said work is done or per
formed in the manner and in the time designated in said undertaking, the chair
man of the board of county commissioners shall so certify on said undertaking
and said prisoner shall then be discharged from all liability for the fine and costs
for which he was imprisoned: Provided, For any good and sufficient reason the
chairman of the board of county commissioners may extend the time for doing
the work specified in such undertaking.
4A similar section regularly appears in the appropriation acts.
See sec. 10015, above.
LAWS RELATING TO CONVICT LABOR
195
KENTUCKY
STATE CONVICTS
C O N S T IT U T IO N
S ec tio n 253. Place of labor.— Persons convicted of felony and sentenced to
confinement in the penitentiary shall be confined at labor within the walls of the
penitentiary; and the general assembly shall not have the power to authorize
employment of convicts elsewhere, except upon the public works of the Com
monwealth of Kentucky, or when, during pestilence or in case of the destruction
of the prison buildings, they can not be confined in the penitentiary.
S e c . 254. Control by State.— The Commonwealth shall maintain control of the
discipline, and provide for all supplies, and for the sanitary condition of the con
victs, and the labor only of convicts may be leased.
S T A T U T E S — 1915
S ec tio n s 524-526a. Marking convict-made goods.2— [All goods, wares, and
merchandise made by convict labor in any State other than Kentucky and
brought into this State for sale must be plainly marked “ convict made,” on the
article if practicable, and if not, then on the package or a label. Coal and coke
produced outside the State and brought therein for sale must carry a placard
or label conspicuously exposed, and marked “ convict-mined coal,” or “ convictmade coke” ; vehicles used for retailing must be similarly marked.]
S e c . 1356. Importing convicts.— Any person who shall knowingly employ in
labor of any kind in this State a convict or person under sentence for crime in
another State, shall be fined not less than $100 nor more than $500 for each con
vict or person so employed.
Sec. 3797. Discharge.— [Convicts on discharge are to receive $5, a suit of
clothes suitable to the season, and transportation to the county from which sent.]
S e c . 3811. Machinery.— Any contractor for the labor inside the walls of the
prison may, with the advice and consent of the commissioners, introduce such
machinery in the prison as may be necessary to conduct any business of manu
facture inside the prison, but such business shall not be destructive of the health
of the convicts, and upon the termination of his contract such contractor shall
have the right to remove such machinery, or be paid for the same by the State
at its fair cash value.
S e c . 3812. Rides.—
* * * They [the commissioners] shall prescribe
* * * the character of the labor, * * * and the length of time during
which the convicts shall be daily employed. * * *
A C T S O F 1920
Ch
apter
159
Road work.— [This act provided for the employment of *‘ prisoners confined in
either of the prisons,” who were available for such work, on the highways of the
State, and in the preparation of road and bridge material, at such places as the
State highway engineer might designate. This provision seems to be in conflict
with chapter 34, Acts of 1922, which repeals conflicting laws.]
S ec tio n 5. Earnings .— [Prisoners engaged in any kind of work receive not less
than 5 nor more than 15 cents per day, as may be provided by the State board
of control.]
S e c . 6. Employments.— The State board of control are hereby vested with full
power and authority to provide method and means of employing all convicts
who may be retained within the walls of the prison at any time that such method
or means as may be determined'or put into effect shall be submitted to the gov
ernor, who shall approve all plans, methods, or means which may be suggested
or outlined by said board.
S e c . 7. Farms.— The State board of control are hereby empowered to lease a
farm or farms or land immediately adjoining either penitentiary or adjacent
thereto for the working of convicts thereon, * * *
* See note, p. 169.
1%
CONVICT LABOR IN 1023
A C T S O F 1922
C h a pt e r 34
S ec tio n 1. Employment.— Persons heretofore convicted of a felony and now
under sentence of confinement in the State penitentiary or the State reformatory,
and all persons hereafter convicted of a felony and sentenced to confinement in
the State penitentiary or the State reformatory, shall be confined at labor within
the walls of the State penitentiary or reformatory, and such convicts shall not be
elsewhere employed; except, however, convicts may be employed by the State
in quarrying or mining rock or other material used by the State in the construc
tion of roads or bridges, and upon the capitol grounds, but such convicts shall
be only so employed when such quarry or mine is inclosed by walls or stockades
of sufficient strength and height to safely confine therein the convicts so employed,
and except the State board of charities and corrections, or its successor, may
employ the convicts on any farm owned or leased by the State for the production
of food for the use of the inmates of any institution in which they are confined,
and may employ such convicts on the public property of the State located at the
seat of government.
*
*
*
*
*
*
*
It shall be the duty of the State board of charities and corrections, or its suc
cessors in office, having in mind the welfare of the several institutions under its
control and the interest of the Commonwealth, to encourage the employment
in every practical and proper way of said inmates in such ways as shall contribute
to their physical, mental, and moral improvement and to the cost of their mainte
nance; and to this end the board shall have the authority to utilize the product
of such inmate labor in the upkeep or maintenance of the several institutions
under its control, or may contract for the sale of the products of such labor.
The said board of charities and corrections, or its successors in office, shall have
the authority to hire out to a contractor or contractors any or all of the convicts
able to perform manual labor, to be worked within the walls of the penitentiaries,
upon such terms and conditions as in the judgment of the board is to the best
interest of the Commonwealth and the several institutions. N o contract for the
leasing of the labor of any or all of the inmates of said institutions, or for the sale
of the products of such inmate labor, shall be valid unless approved in writing by
the governor of the Commonwealth.
COUNTY CONVICTS
S T A T U T E S — 1915
S ec tio n 1377. Sentence may be to labor.— When the punishment for a crime is a
fine, or imprisonment in the county jail, or both, the jury may, in their discretion,
if the defendant is a male, provide in their verdict that the defendant shall work
at hard labor until the fine and costs or imprisonment is satisfied, or until both
are satisfied.
S e c . 1379. 1. Employment.— In all cases in which a court or jury shall provide
that the defendant shall work at hard labor until his fine and costs or imprison
ment or both are satisfied, the defendant shall be placed in the workhouse, if
there be one in the county, or at work upon some public work or road of the
county, or he may be placed upon the public works of any city or town in the
county. The place of working such prisoners shall be determined by the county
judge and it shall be his duty to enter an order on the order book of the county
court specifying the manner in which such prisoners shall be worked and he shall
give preference to work on the roads of the county whenever the weather will
permit.
S e c . 1380. Hours.— The defendant shall not be required to labor more than
eight hours a day, * * *
S e c . 4867. Workhouse.— Each county court shall have power to establish a
workhouse, * * *
S ec . 4869. Power of court.— The county court shall have power to prescribe,
by an order of record, regulations for the government of the workhouse, and may
from time to time, determine the character of work to be done, and the place,
either in 'th e house, on the workhouse grounds, or elsewhere; the number of
hours the prisoners shall work; *• * *
S e c . 4870. Lease of workhouse.— The county court may, for a period not longer
than one year, lease the workhouse, grounds and property, which lease shall
carry with it and vest in the lessee the right to the labor of all the prisoners who
LAWS RELATING TO CONVICT LABOR
197
may, during such period, be in the workhouse, under such regulations as the
county court may lawfully prescribe. * * *
S e c . 4871. Hiring out prisoners.— The county court may, at its discretion, hire
out prisoners for part or all of their terms. * * *
LOUISIANA
STATE CONVICTS
C O N S T IT U T IO N
A rticle I I I
S ectio n 33. Contract system prohibited.— The legislature may authorize the
employment under State supervision and the proper officers and employees of
the State, of convicts on public roads or other public works, or convict farms, or in
manufactories owned or controlled by the State, under such provisions and
restrictions as may be imposed by law, and shall enact laws necessary to carry
these provisions into effect; and no convict sentenced to the State penitentiary
shall ever be leased, or hired to any person or persons, or corporation, private or
public, or quasi public, or board, save as herein authorized.
R E V IS E D L A W S , 1897
P age 249— A ct N o. 132, A cts
of 1894
S ectio n 1. Convict-made brooms.— [Brooms made in the different State peni
tentiaries by convicts or other persons confined therein, must be plainly stamped
or labeled “ convict-made,” if dealt in or sold by any one in the State of Loui
siana.]
A C T S O F 1900
A ct N o. 70
S ectio n 10. Farms.— The board of control, on its organization, may with the
approval of the governor, purchase or lease a tract or tracts of land on such terms
and conditions as the governor may approve, and after due advertisement, * * *
for the establishment of one or more State convict farms, to be cultivated by the
State, or for the establishment of manufactories. * * *
S ec . 11. Buildings, etc.— The buildings to be erected by the board of control, or
quarter boats or other quarters * * * shall be constructed, as far as pos
sible, with convict labo,r. * * *
S e c . 14. Public works.— The board of control is hereby authorized to contract
for buildings by the convicts, of public levees, public roads or other public works,
or for stopping crevasses within the State of Louisiana, and to bid for the con
struction of the same or for work in connection therewith, the same as a private
contractor; * * *
A C T S O F 1910
A ct N o. 34
Sugar refinery.— [The board of control of the State penitentiary is authorized to
borrow not over $200,000 to erect and equip a sugar refinery on the Angola
plantation.]
A C T S O F 1918
A ct N o . 235
S ectio n 1 . Levee work.— Hereafter, when the board of State engineers or any
district levee board of this State advertises for bids on any work that said boards
may have in building, enlarging, or repairing the levees under their jurisdiction,
they are hereby authorized and directed to tender, by preference, said work, or
any part of same that he may select, to the general manager of the State peni
tentiary at the minimum price bid under said advertisement, and said boards are
hereby authorized and directed to contract with the general manager of the
State penitentiary to do said work, by preference, at the minimum price bid,
provided that this applies only to such an amount of .work, as, in the judgment of
the board of State engineers said penitentiary forces are competent to do within
the time and according to the specifications provided in the letting.
198
CONVICT LABOB IN 1923
S e c . 2. Subletting.— The object of this act is to furnish to the penitentiary
forces any and all work that they may be able to do in building and maintaining
the levees throughout the State, and is specifically not intended to put the peni
tentiary forces in the position of taking contracts for the purpose of subletting.
COUNTY CONVICTS
C O N S T IT U T IO N
A r t ic l e 292. Work on highways, etc.— When any parish shall avail itself of the
provisions of this article, the judge, in passing sentence on persons convicted of
any offense, when the punishment imposed by law is imprisonment in the parish
jail in the first instance, or in default of payment of fine, may sentence such
persons to work on the public roads and bridges and any other public works of
the parish; and when the punishment prescribed by law is imprisonment in the
penitentiary, he may sentence the persons so convicted to work on the public
Toads and bridges and other public works of the parish where the crime was
committed, if the sentence actually imposed does not exceed six months. * * *
R E V IS E D L A W S — 1897
P a g e 668— A ct N o . 38, A cts
of
1878
S e c t io n 1. Sentence may be to labor.— In all criminal prosecutions where any
person is convicted in any of the courts of this State of any crime or offense
punishable under the law with imprisonment at hard labor, but not necessarily
so, the judge before whom such conviction is had may sentence the person so
convicted to work on the public works, roads, or streets o f the parish or city in
which the crime or offense has been committed, and which may be eventually
chargeable with the costs of the prosecution, and for a term not exceeding the
term now specified under existing laws: Provided, That when a fine, in said cases,
is imposed as a part of the penalty, in default of the payment of such fine and the
costs, the judge may enforce the liquidation thereof by sentence of additional
labor at the rate of $1 per diem.
S e c . 2. Ordinances.— In the city of N ew Orleans the city council, and in the
several parishes the police jury are hereby delegated full authority to pass all
ordinances and laws which they may deem necessary to carry into effect the pro
visions of this act and for the discipline, working, and employment of such con
victs: Provided, That * * * the person so convicted shall not be worked
more than 10 hours a day, and shall not, in any case, be put to work before 6
o ’clock in the morning: Provided, That such convicts shall not be employed out
of the parish having venue of the crime or offense; or in any other labor than
upon the public works, bridges, roads, or streets of the parish or city, or in such
workhouses as they may establish.
A C T S O F 1898
A ct N o . 136
S e c t io n 15. Cities, towns, etc.— The mayor and board of aldermen of every
city, town, and village, * * * shall have power:
*
*
*
*
*
*
*
Twenty-ninth, To contract with the police jury, Which is empowered in the
premises, for the use of the parish jail for the use of the municipality; to provide
for the working of the streets by municipal prisoners, and to contract with the
parish for such work by parish prisoners, or for the working of parish roads by
municipal prisoners.
*
*
*
*
*
*
*
A C T S O F 1908
A ct N
o.
204 s
S e c t io n 1. Who may be employed on highways, etc.— When any person shall
be convicted and sentenced by any competent court of the State (parish of
Orleans excepted) to imprisonment in the parish jail, or to such imprisonment
• This act does not specifically repeal act No. 29, 1894; act No. 46,1902; and act No. 191 of 1904, but
it is believed to supersede them, and is given here as the law in force at this date.
LAWS RELATING TO CONVICT LABOR
199
*
and the payment of a fine, or to such imprisonment in default of the payment
of a fine, he shall be committed to such jail there to remain in close confinement
for the full term specified by the court: Provided, That all able-bodied males,
over the age of 18 years and under the full age of 55 years shall be worked upon
the public roads, public works, or shall be hired or leased out to any one person,
for the purpose of working them within the parish, such convicts to be kept at
work until the expiration of the sentence of imprisonment: Provided further,
That where in the discretion of the court the person so convicted and sentenced
should be kept in close confinement the court may so order: And provided fur
ther, That convicts sentenced to imprisonment alone, or to imprisonment and
fine, shall not be hired out for a less sum than the aggregate of their fine, cost
of court and fees of the officers.
S e c . 2. Persons held for fines.— When any person shall be sentenced to pay a
fine, or to imprisonment in the parish jail and to pay a fine (the parish of Orleans
excepted), and shall not pay such fine, costs and fees, the police jury may hold
him in custody and work him on any public road or other public work, or, if
able-bodied, and over the age of 18 years and under the age of 55, may hire or
lease him out to any one person who shall work him in the parish until he shall
work out the amount due by him for such fine, costs and fees, at the price and
rate of wages to be fixed by the police jury, subject to the limitations hereinafter
fixed, but no convict may be held in custody for fines and costs for more than
two years; * * *
S e c . 9. Classes of convicts.— A ll convicts are divided into two classes, to wit:
First. A ll able-bodied males, over the age of 18 years and under the age of 55
years;
Second. A ll other convicts, and no convicts except those falling in class first
shall be leased out, all others shall be confined in the parish jails or worked by
the parish under the supervision of the police juries and proper officers ap
pointed by said police jury.
S e c . 10. Wages.— The wages of convicts when worked on public roads, other
public works, or otherwise under the supervision of the police jury shall be fixed
by the police jury within the following limits: Convicts in class first, not less
that $5 per month nor more than $16 per month, and in class second, not less
than $2 per month no[r] more than $10 per month, and where convicts in class
first are leased out, they shall be leased to the highest bidder, who shall be a
suitable person, after due advertising, and upon proper recommendations, the
police jury to be the judges of the suitability of the bidders, and the price and
terms shall be fixed by contract, provided that the rate of wages be not less
than the minimum fixed herein, to-wit, $5 per month.
Se c . 16. Where work to he done.— The lessee or contractor who shall be selected
by the police jury shall be required to work said convicts within the parish, and
shall not be permitted to sublease them to any person whomsoever.
M A IN E
STATE CONVICTS
R E V IS E D S T A T U T E S — 1916
C h a p t e r 142
S e c t io n 2. Labor required.— Punishment in the State prison by imprisonment
shall be by confinement to hard labor, * * *
S e c . 19. Sales, etc.— All sales of articles from the prison, and the letting to
hire of such of the convicts as the inspectors deem expedient, and all other
contracts on account of the prison, shall be made with the warden, in the maimer
prescribed by the inspectors. * * *
Se c . 34. Restrictions on employment.— N o more than 20 per cent of all the
male convicts in the prison shall be employed at any time in any one industry
or in the manufacture of any one kind of goods, and so far as practicable the
industries upon which said convicts shall be employed shall be the manufacture
of articles not elsewhere manufactured in this State. The manufacture and
repair of all kinds of wagons, carriages, and sleighs, except the manufacture of
infants’ carriages, shall be considered one industry within the meaning of this
section. This section shall not apply to the manufacture by said convicts of
any kind of goods whieh were not on the 1st day of January in the year 1888
cisewhere manufactured in the State.
CONVICT LABOR IN 1923
200
Se c . 35. Goods to be marked.— A ll articles and goods manufactured at the
prison for sale shall be distinctly labeled or branded with these words, “ M anu
factured at the Maine State Prison.” 2
COUNTY CONVICTS
R E V IS E D S T A T U T E S — 1916
C h a p t e r 83
S e c t io n 12. Provisions for employment.— They [the county commissioners]
may make such additions in workshops, fences, and other suitable accommo
dations in, adjoining, or appurtenant to the jails in the several counties as may
be found necessary for the safekeeping, governing, and employing of offenders
committed thereto by authority of the State or of the United States. * * *
Se c . 13. Places of labor.— They shall, at the expense of their several counties,
unless county workshops are therein established, provide some suitable place,
materials, and implements for the breaking of stone into suitable condition for
the building and repair of highways, and shall cause all persons sentenced under
the provisions of section 24 of chapter 130 to labor at breaking stone. And
they may, at the expense of their several counties, provide suitable materials
and implements sufficient to keep at work all persons committed to either, of
such jails, and may from time to time establish needful rules for employing,
reforming, and governing the persons so committed, * * *
S e c . 14. Labor on highways.— County commissioners may authorize the
keepers of jails to put able-bodied male prisoners to work on the building or
repairing of highways within their county. * * *
TOWN CONVICTS
R E V IS E D S T A T U T E S — 1916
C h a p t e r 130
S e c t io n 32. Labor may be required.— The keeper of the jail, workhouse,
house of correction, or in case of a sentence to any town farm or almshouse,
the overseers of the poor of such town, or the keeper or agent of such town farm
or almshouse, may require such convict to labor at any lawful work within the
town where such institution is situated, and may appoint any suitable person
keeper over him, and may collect and receive the wages, compensation, or profits
of his labor, and at the expiration of such sentence pay to the convict such
reasonable compensation as in their judgment the profits of his labor will warrant,
deducting therefrom the costs of commitment and any fine imposed under the
preceding section.
C h a p t e r 143
Se c t io n 5. Employment.— Every person committed to such workhouse, if
able to work, shall be kept diligently employed during the term of his commit
ment. * * *
M AR YLAND
STATE AND COUNTY CONVICTS
A N N O T A T E D C O D E — 1911, 1914
A r t ic l e 27 (as amended, extra session 1917, ch. 15)
S e c t io n 629A. State farm.— The State board of prison control is authorized
and empowered to acquire by gift, devise, bequest, purchase, lease, or in any other
way, or by condemnation in accordance with the provisions of article 33A of
the Annotated Code of M aryland, and any amendments thereto, any lands or
other property, real or personal, or interest therein, together with any improve
ments thereon, which the board, with the approval of the governor, may find
necessary or desirable for the purpose of establishing and maintaining a State
farm, or for any other purpose that may be appropriate to the needs of the
institutions under the jurisdiction of the said board.
Se c . 629B. State convicts.— I f a State farm is so established, then it shall be
the duty of the State board of prison control to cause to work upon such farm as
•See note, p. 169.
LAWS RELATING TO CONVICT LABOR
201
many of the prisoners confined in the institutions under its jurisdiction as are
physically able to work thereon and as are available for such work.
S e c . 629C. County convicts.— The governor of the State may from time to
time, at the request of the authorities having control and jurisdiction over
the jail of any other town or city or of any county in this State, assign to work
upon said farm as many of the prisoners confined in the jails under their respective
jurisdictions as are physically able to work on said farm and as are available
for such work.
S e c . 629E. Earnings .— The State board of prison control may set aside for
each prisoner working upon said State farm such sum as it may deem proper,
not exceeding, however, the sum of 50 cents per day for each and every day
that such prisoner is so employed; * * *
S e c . 629J. Exemption.— [The above provisions do not apply to the Baltimore
city jail.]
A C T S O F 1917— E X T R A S E S S IO N
C h apter 4
Se c t io n 1. Highway labor.— A ll male prisoners confined in the Maryland
Penitentiary, the M aryland House of Correction, or any of the county, town, or
city jails, shall be liable to labor upon the State, county, and city roads, and
streets in accordance with the provisions of this act: Provided, That nothing in
this act shall apply to the Baltimore city jail, or to the mayor and city council of
Baltimore, or to the public highways of the city.
S e c . 2. Road force.— The governor of this State may from time to time require
the State board of prison control to certify to him the number of male prisoners
confined in the M aryland Penitentiary and in the M aryland House of Correction
who are physically able to work upon the public roads of the State, or of any
county, city, or town thereof, and who are available for such work. If the
governing body of any town or city other than Baltimore city or the county
commissioners of any county desire the prisoners confined in the jails under
their respective jurisdictions to work upon the public roads or streets, then they
may, in like manner, certify to the governor the number of male prisoners confined
in the jails under their respective jurisdictions who are physically able to work
upon said public roads of the State, or of any county, city, or town thereof, and
who are available for such work; * * *
Se c . 3. State roads.— Upon receiving such information the governor is author
ized, from time to time, to assign such and as many of said prisoners to the State
roads commission as that commission can profitably employ in the construction,
repair, or maintenance of any of the public roads and bridges under its jurisdiction,
and it shall thereupon be the duty of the State roads commission so to employ
such prisoners.
Se c . 4. Counties, etc.— The county commissioners of any county and the
governing body of any town or city, other than Baltimore city, may from time
to time request the governor to furnish them, respectively, with such number of
prisoners as they can profitably employ in the construction, repair, or mainte
nance of any of the public roads, streets, or bridges under their respective juris
dictions; and after the governor has assigned the prisoners to the State roads
commission under section 3 hereof, such of the total number of prisoners certified
to him under section 2 hereof as may then remain may be assigned by the
governor, in such numbers as he may deem equitable, among and to the employ
of the cities, towns, and counties so applying as aforesaid, for work upon the
public roads and streets thereof.
S e c . 6. Earnings.— [State and county authorities employing convicts as
above shall pay the sum agreed upon per day for each convict, from which such
payments as the board of prison control may determine shall be held by it to the
ndividual credit of the prisoners.]
STATE CONVICTS
A N N O T A T E D CODE
A r t ic l e 27 (as amended 1916, ch. 556)
Se c t io n 630 (as amended 1918, ch. 354). System of labor.— The said board [of
prison control] shall establish and maintain a system of labor for prisoners to
supersede the present system of contract labor in the M aryland Penitentiary
and the M aryland House of Correction, as soon as it shall deem the same ex
CONVICT LABOR IN 1923
202
pedient and proper; and the board is hereby vested with all power and authority
necessary to that end and to put suoh system of prison labor when established
into operation and effect. The said board shall have power and authority to
place prisoners at labor upon State works wherever in the judgment of said
board the same shall be expedient and proper, upon such terms as to it shall
seem wise. The said board is hereby directed to provide, whenever in its judg
ment the same may be expedient, such form of labor as will offer an oppor
tunity to prisoners to earn a surplus over the* cost of their maintenance to the
State, and said board shall further provide in its discretion for the payment of
any surplus so earned to the prisoner earning the same, or to such person or per
sons as he may direct.
COUNTY CONVICTS
ANN O TA TE D CODE
A rticle 27
S ec tio n 522.8 Highway labor.— On the order in writing of the board of county
commissioners of any county it shall be the duty of the sheriff or other officer
having charge of such prisoners of that county to send, under a competent guard,
such number of able-bodied male prisoners in the county jail undergoing punish
ment under sentence of a court or justice of the peace, as the county may require,
to work on any road in said county, or in any quarry, pit, or yard, in preparing
materials for use on the county roads; the county commissioners are hereby
required to reimburse the sheriff or other officer out of the county fund for any
expenses he m ay be put to in conveying the said prisoners to and from such
road, quarry, pit, or yard, or in properly guarding the said prisoners while at
work on said road or at said quarry, pit, or yard, under the direction of the county
road representative or representatives, and under such regulations as the sheriff
or other officer may deem necessary for their health and safe custody.
M ASSACHUSETTS
STATE CONVICTS
~
GENERAL
L A W S — 1921
C h a p t e r 127
S ec tio n 48. Labor required.— Prisoners in the State prison shall be constantly
employed for the benefit of the Commonwealth, but no prisoner shall be employed
in engraving.
S e c . 50. Place of employment.— Prisoners in the State prison, Massachusetts
Reformatory, reformatory for women, prison camp and hospital, State farm, or
in any jail or house of correction, may be employed, in the Custody of an officer,
in caring for public lands and buildings; but no prisoner, except as provided in
sections 82 to 84, inclusive, shall be employed outside the precincts of the place
of his imprisonment in doing work of any kind for private persons.
S e c . 51. Industries.— The commissioner and the warden of the State prison,
the superintendent of the Massachusetts Reformatory, reformatory for women,
prison camp and hospital or State farm, keepers or masters of jails and houses
of correction, shall determine the industries to be established and maintained in
the respective institutions under the control of said officers. The prisoners in
said institutions shall be employed in said industries under regulations which
shall be established by the commissioner; but no contract shall be made for the
labor of prisoners, except that, with the approval of the commissioners, prisoners
m ay be employed in cane seating and the manufacture Of umbrellas under the
“ piece-price system/’ so called.
S e c . 53. Articles.— The commissioner shall, so far as possible, cause such
articles and materials as are used in the offices, departments, or institutions of
the Commonwealth of the several counties, cities, and towns to be produced by
the labor of prisoners in the institutions named in section 51.
S e c s . 54-58. Styles, prices, etc.— [The styles, qualities, materials, etc., of articles
for use in the various offices, departments, and institutions shall be annually
determined b y the officials of such offices, etc., and a descriptive list of articles
prepared. Estimates must be submitted of the articles and materials needed,
*Is this superseded by chapter 4, extra session 1917, above?
LAWS RELATING TO CONVICT LABOR
203
and purchases by the State and local officials must be made from the products of
prison labor unless it is shown that the goods required can not be supplied.
Prices shall conform as nearly as may be to the wholesale prices for similar goods
manufactured outside of the prisons.]
S e c . 61. Trades.— The commissioner and the superintendent of the Massachu
setts Reformatory shall endeavor to establish in said reformatory such industries
as will enable prisoners employed therein to learn valuable trades.
S e c . 62. Number of employees.— The number of prisoners in all the institutions
named in section 51 who may be employed in manufacturing the following
articles and in the industries hereinafter named, shall be limited as follows:
Brushes, not more than 80; cane chairs with wood frames, not more than 80;
clothing other than shirts or hosiery, not more than 375; harnesses, not more
than 50; mats, not more than 20; rattan chairs, not more than 75; rush chairs,
not more than 75; shirts, not more than 80, and they shall be women; shoes not
more than 375; shoe heels, not more than 125; trunks, not more than 20; in
stone cutting, not more than 150; in laundry work, not more than 100.
S e c . 63. Same.— N o t more than 30 per cent of the number of inmates of any
penal or reformatory institution having more than 100 inmates shall* be employed
in any one industry, except cane seating and the manufacture of umbrellas.
S e c . 64. Exceptions.— The two preceding sections shall not apply to prisoners
engaged in the manufacture of goods for use in the offices, departments and
institutions named in section 53.
S e c . 65. Piece-price contracts.— If the commissioner and the warden, superin
tendent, master or keeper of any institution named in section 51 consider the
employment of prisoners or a part of them upon the piece-price plan expedient,
they shall advertise for bids therefor, which shall be opened publicly, and a
copy and record thereof shall be kept by the commissioner. If said officers
consider it inexpedient to accept any of such bids, contracts may be made with
other persons. Copies of all contracts for the employment of prisoners shall be
kept by the comfhissioner, and shall at all times be open to public inspection.
S e c . 67. Sale of goods.— Goods manufactured in any of the institutions named
in section 51 shall, with the approval of the commissioner, be sold by the warden,
superintendent, master or keeper thereof at not less than the wholesale market
price prevailing at the time of sale for goods of the same description and quality.
The proceeds of such sales shall be paid by the purchasers to the respective
institutions from which the goods are delivered.
S e c . 74. Road material.— The commissioner may cause the prisoners in any jail
or house of correction to be employed within the precincts of the prison in pre
paring material for road making; but no machine except such as is operated by
hand or foot power shall be used in connection with such employment.
S ec . 76. Sale of road material.— M aterial so prepared may be sold to the county
commissioners or to town officers having the care of public roads. All material
not so sold shall be purchased by the said division of highways, at such price as
they determine is fair and reasonable, for use on State highways; but the com
missioner may cause any of said prisoners to be employed upon material furnished
by said division, which shall then pay for the labor of preparation such price as
may be agreed upon by the commissioner and the division.
S e c . 78. Reclaimed land, etc.— Land reclaimed or improved by prisoners at the
prison camp and hospital may be applied to the use of the Commonwealth or
may be disposed of by the governor and council at public or private sale. Any
road material prepared by the prisoners may be sold by the superintendent, with
the approval of the commissioner, to the authorities of the Commonwealth or of
any county, city or town.
S e c . 81. Prison camp.— The superintendent of the prison camp and hospital
may, with the approval of the commissioner, employ the prisoners confined in
the camp section of the said prison camp and hospital in the preparation of road
material, and may use therefor such machinery as the commissioner may con
sider necessary. * * *
S e c . 82. Farms.— The commissioner may purchase or lease land, with funds
specifically appropriated therefor by the general court, for the purpose of improv
ing and cultivating the land by the labor of prisoners from the prison camp and
hospital; and the commissioner may also make arrangements with the officials
of the Commonwealth and officials of towns to employ the said prisoners on any
unimproved land and in the construction, repair and care of public institutions
and public ways adjacent thereto. * * *
S ec . 83. Outdoor labor.— During all times when outdoor labor is practicable,
inmates of penal institutions required to labor shall be employed, so far as is
possible, in the reclamation of waste places and in cultivating lands for raising
204
CONVICT LABOR IN 1923
produce to be used in public institutions, and in the reforestation, maintenance
or development of State forests. * * *
S e c . 85. Females.— The commissioner may, with the consent of a woman serv
ing a sentence in the reformatory for women or in a jail or house of correction,
and with the consent of the county commissioners if she is in a jail or house of
correction, contract to have her employed in domestic service for such term, not
exceeding her term of imprisonment, and upon such conditions, as he considers
proper with reference to her welfare and reformation. If in his opinion her
conduct at any time during the term of the contract is not good, he may order
her to return to the prison from which she was taken.
COUNTY CONVICTS
G E N E R A L L A W S — 1921
C h a p t e r 126
S e c t io n 35. Farms.— The county commissioners of any county may, subject
to the approval of the commissioner of correction, purchase, take by eminent
domain under chapter 79, or lease, in behalf of the county, a tract of land not
exceeding 500 acres in area for use as a county industrial farm, and m ay reclaim,
cultivate, and improve the same. The work of reclaiming, cultivating, and
improving the said land shall, so far as practicable, be done by prisoners trans
ferred thereto as provided in section 37. A t any time after said land has been
reclaimed, cultivated, and improved the same may be sold, if the county com
missioners determine that it is for the best interest of the county.
S e c . 36. Buildings .— Said commissioners may erect on said land such tempo
rary buildings of inexpensive construction as they consider necessary for the
proper housing of prisoners and for other purposes, * * *
Se c . 37. Duty of sheriff.— On the request of said commissioners, the sheriff of
the county shall remove to said farm such prisoners as, in the opinion of the
commissioners, can advantageously be employed thereon in carrying out sections
35 and 36, * * *
C h a p t e r 127
S e c t io n 84. Waste land.— The county commissioners of any county may
purchase or lease land, with funds specifically appropriated therefor by the
general court, for the purpose of improving and cultivating the land by the
labor of prisoners from a jail or house of correction; and the said commissioners
may also make arrangements with the division of highways of the department
of public works or with the officials of a town to employ said prisoners on any
highway or unimproved land, or with the State forester for the reforestation,
maintenance, or development of State forests, or with a private owner to improve
f waste or unused land, or land used for agricultural or domestic purposes, by
means of such prison labor. * * *
M IC H IG A N
STATE CONVICTS
C O N S T IT U T IO N
A r t ic l e 18
S e c t io n 3. Trades.— N o mechanical trade shall hereafter be taught to convicts
in the State prison of this State, except the manufacture of those articles of which
the chief supply for home consumption is imported from other States or countries.
C O M P I L E D L A W S — 1915
S e c t io n 1700. Hard labor.— There shall continue to be maintained in this
State a State prison at Jackson, in the county of Jackson; a State prison at
Marquette, in the county of Marquette, and a house of correction and reforma
tory at Ionia, in the county of Ionia, in which persons sentenced shall be con
fined, employed at hard labor, and governed in the manner provided by law.
Se c . 1708. Duties of warden.— It shall be the duty of the warden, under the
rules and regulations adopted by the board of his prison for the government of
the prison:
*
*
*
*
*
*
*
LAWS RELATING TO CONVICT LABOR
205
Fourth. T o use every proper means to furnish employment to prisoners most
beneficial to the State and best suited to their several capacities;
Fifth. T o superintend any manufacturing and mechanical business that may
be carried on by the State, pursuant to the law, within the prison; to receive the
articles manufactured, and to sell and dispose of the same for the benefit of the
State.
Se c . 1730. Employments.— The warden also shall have authority, under such
regulations as the board of his prison may adopt, to employ convicts in the
erection or repair of the buildings or walls of the prison, in the prison coal mine
or on the prison farm.
S e c . 1733. Articles for State use.— The boards are required to employ so many
prisoners in either prison as are necessary in making all articles for the various
State institutions as far as practicable, and the State institution shall pay to the
prison making such articles the market price of all such articles furnished.
Se c . 1736. Hours.— All convicts other than such as are confined in solitude
for misconduct in the prison shall, as far as practicable, be kept constantly
employed at hard labor at an average of not less than 10 hours a day, Sundays
excepted, unless incapable of laboring by reason of sickness or other infirmity.
Se c . 1760. Discharge.— [Discharged convicts receive a suit of clothing, not over
$10 in value, if not already provided for; not less than $5 nor more than $10 in
money, and transportation to the place of sentence or other point in the State
not more remote.]
Se c . 1781. Twine and cordage plant.— [Provision is made for the erection and
equipment of a twine and cordage plant at the State prison at Jackson.]
Se c . 1786. Price of twine.— The price of binding twine and cordage manufac
tured at the State prison at Jackson shall be fixed by the warden and board of
control of such prison which shall continue to be the price for the season, unless it
shall become evident to the warden and said board of control that the price es
tablished is such that it would prevent the sale of the product, or such that the
State would not receive a fair price, in which case a change in price can be made
at any meeting of said board of control thereafter held, and the output of said
plant shall be sold at such times and places and in such manner as the said warden
and board of control of said prison shall determine to be for the best interests of
the State: Provided, That the citizens of this State shall have the preference in
purchasing said products of said plant: * * *
Se c . 1790. Earnings.— The boards of control7 and wardens of the several
State prisons in which manufacturing is done on State account may, if to them
it seems wise, direct the payment from the actual collections from the sale of the
product manufactured on State account to convicts engaged in manufacturing
on State account, such sums for the time such conviets may work in addition
to or beyond the task fixed by the State in the prison rules as may be recom
mended by the board of control and wardens of said State prisons, provided
such compensation does not exceed 15 cents per day to each convict thus
employed. * * *
Se c . 1798. Factories to he provided; State account.— The warden and board of
control at the State prison at Jackson are hereby empowered, authorized, and
directed, at a cost not to exceed the sum hereby appropriated, to use, purchase,
erect, equip and maintain buildings, machinery, boilers and equipment which'
may be necessary for the manufacture of goods, wares, and merchandise, on State
account, and to purchase new material to be used in the manufacture of said
goods, wares and merchandise as herein provided, and for the purpose of carry
ing, handling, and marketing the manufactured product until disposed of accord
ing to the provisions of this act, and to provide for such other expenses as may be
incurred under rules and regulations prescribed by said board of control: * * *
S e c . 1801. Prices; sale.— The price of the goods, wares and merchandise manu
factured at the State prison at Jackson, as herein provided for, shall be fixed by
the warden and board of control of such prison, which shall continue to be the
price for the season, unless it shall become evident to the warden and said board
of control that the price established is such that it would prevent the sale of the
product, or such that the State would not receive a fair price, in which case a
change in price can be made at any meeting of said board of control thereafter
held, and the output of said plant shall be sold at such times and places and in
such manner as the said warden and board of control of said prison shall deter
mine to be for the best interests of the State: Provided, That the citizens of this
State shall have the preference in purchasing said product of said p lan t; * * *
7Now State prison commission, No. 163, Acts of 1921.
177°— 25t------14
206
CONVICT LABOK IN 1923
S e c s . 1807, 1810. State account.— [These sections contain provisions similar
to those of sections 1798, 1801, but relate to the State house of correction and
the branch of the State prison in the upper peninsula.]
Sec. 1814. Road work.— Upon the written request of a majority of the board of
county road commissioners in counties under the county road system, or upon
the written request of the road commissioners in a township or district under
the township or district road system, or upon the written request of a majority
of the board of supervisors in counties not under the county road system, the
boards of control of the State reformatory at Ionia, the State prison at Jackson
or of the State house of correction and branch of the State prison in the upper
peninsula at Marquette, may detail such able-bodied convicts as in their reason
able discretion shall seem proper, not exceeding the number specified in said
written request, to work upon such public roads and highways of such county,
township or district as shall be designated in said written request of said county,
township, or district road commissioners or board of supervisors: * * * Pro
vided, That such convicts may be used in surface quarries and in stoneyards in
preparing material to be used on said roads, and in hauling the same to the place
of distribution: * * *
Sec. 1815. Not to build bridges, etc.— Said convicts when employed under the
provisions of section 1 of this act shall not be used for the purpose of building
any bridge or structure of like character which requires the employment of
skilled labor.
A C T S O F 1917
Act No. 57
[Provision is made for the purchase of farming lands, and for the removal of
machinery and the purchase of new machinery for the making of brick and
tile, in connection with the State prison at Jackson.]
COUNTY CONVICTS
C O M P I L E D L A W S — 1915
S ec tio n 2531. Labor on highways.— The board of supervisors of any county in
this State may, by resolution passed at any regular or special session, order that any
or all male prisoners over the age of 18 years under a sentence of imprisonment
in the county jail, capable of performing manual labor, shall be required to
work upon the public highways, streets, alleys, and public roads, or in any
quarry, pit, or yard in the preparation or construction of materials for such
public highways, streets, alleys, or roads in any township, city, or village in such
county, or to perform any other lawful labor for the benefit of the county. W hen
ever any such resolution shall be passed, it shall be the duty of the sheriff to cause
such prisoners to be put at work in such manner as may be provided in the
resolution of the board of supervisors. The commissioner of highways of any
township and the village or city authorities of any village or city in the county or
the authorities in charge of any county institution may make application to have
such prisoners work in any township, city, village, or institution in such manner
as shall be prescribed by the board of supervisors, and the said board shall have
the right to determine in what township, city, or village such prisoners shall work.
A C T S O F 1917
Act N o. 78
S ec tio n 1. Work farms.— The various counties of this State are hereby
authorized to acquire, own, and hold real estate and buildings within their
respective boundaries to be used as work farms, factories, or shops for the con
finement, punishment, and reformation of persons sentenced thereto, and to
conduct and operate the same.
Sec. 2. Control.—[A board of commissioners is elected by the supervisors to
have charge.]
Sec. 3. Employment.— Said
commissioners are hereby authorized and em
powered to establish and adopt rules for the regulation and discipline and the
work and labor of the persons confined in and on said work farm, factory, or
shop; * * *
LAWS RELATING TO CONVICT LABOR
207
CITY CONVICTS
C O M P I L E D L A W S — 1915
S ec tio n 3037. Hard labor.— A ll persons sentenced to confinement in the city
prison and all persons imprisoned therein on execution or commitment for the
nonpayment of fines for violations of the ordinances of the city, may be kept at
hard labor during the term of their imprisonment, either within or without the
prison, under such regulations as the council m ay prescribe.
M IN N E S O T A
STATE CONVICTS
G E N E R A L S T A T U T E S — 1913
S ec tio n 9297. Discharge.— [Discharged convicts are to receive a “ good, serv
iceable suit of clothing and underclothing/’ and between October 1 and March
31, a good, serviceable overcoat; also $25 in money.]
S e c . 9310. Labor required.— * * * Every person committed to such institu
tion [State prison or reformatory] shall be regularly employed at, and compelled
to perform a reasonable amount of hard labor in, some industrial work, unless
exempted on account of sickness or other disability.
S ec . 9311. Contract system forbidden.— N o contracts for leasing the labor of
prisoners confined in any such institution, at a certain rate per diem, giving the
contractor full control of the labor of the prisoners, shall be made; but such pris
oners shall be employed, under regulations established by said board of control,
in such industries as shall from time to time be fixed upon by the officers in charge
and said board, or in the manufacture of articles by the piece, under the so-called
“ piece-price system,” by contracts with persons furnishing the materials. The
chief officer, under the direction of said board, shall purchase such tools, imple
ments, and machinery as they shall deem necessary for the work.
S ec . 9312. Leasing.— It shall be unlawful for the State board of control, or
the warden of the State prison, or any person exercising control of or supervision
over any convict sentenced to and confined in said prison to enter into any con
tract or agreement, or any arrangement, whereby the labor or service of said
convict is either sold or leased or otherwise disposed of for hire to any person or
to any party. * * *
S e c . 9313 (as amended 1919, ch. 201). Price of twine.— The price of binding
twine manufactured at the State prison shall be fixed by the warden and the
State board of control not later than March 1 each year. * * * Such twine shall
be sold to actual consumers in quantities needed for their use, and to dealers
within the State, under such rules and regulations as may be provided by said
board, for cash or security, approved by the warden. Dealers desiring to pur
chase such twine shall enter into a written agreement with the State to sell only
to actual consumers within the State for their own use. Such agreement shall
also provide that when such twine is sold for cash it shall be at a price not greater
than 1 cent per pound above the purchase price and freight from the prison to
the station where such twine is sold, and when such twine is sold on time, at a
price not greater than 1}^ cents per pound above the purchase price and freight,
as hereinbefore prescribed.
*
*
*
*
*
*
*
Provided, That whenever, in the opinion of the State board of control and the
warden of the prison, the best interests of the State require such action, such
binding twine may be sold to dealers or consumers without the State.
S ec . 9314. Labor to be divided.— The number of prisoners employed in a single
industry at the same time, at any institution coming under the provisions of
this act, shall not exceed 10 per cent of the total number of men engaged in such
industry in this State unless a greater number is necessary to produce material
or articles to be supplied to State and other municipal institutions, penal or
charitable. The number employed in any such industry shall be determined by
a commission of three, to consist of the labor commissioner, who shall be chair
man, a member of the board of control, and a citizen of the State engaged or
interested in some manufacturing industry, not connected with the State prison,
or reformatory; the last two to be appointed by the governor: Provided, however,
That this section shall not apply to the number of prisoners employed in the
manufacture of binding twine in the State prison at Stillwater, nor shall it apply
208
CONVICT LABOR IN 1923
to the number of prisoners employed in the manufacture of brushes at the State
reformatory now at St. Cloud, nor shall it apply to the number of prisoners here
after employed in the manufacture of binders, mowers and rakes at the State
prison at Stillwater, nor shall it apply to the number of prisoners hereafter em
ployed at the State prison at Stillwater in any industry not now carried on in
this State, and which may be hereafter inaugurated at said State prison.
S e c . 9315 (as amended 1923, ch. 294). Agricultural machinery; sales.— The
State board of control is hereby authorized, empowered, and directed to estab
lish, construct, equip, maintain and operate, at the State prison at Stillwater, a
factory for the manufacture of hay rakes, mowers, grain harvesters and binders,
corn harvesters and binders and corn cultivators, and the extra parts thereof,
and for that purpose to employ, and make use of the labor of prisoners kept in
said prison, at any time available therefor and as largely as may be, and such
but only such skilled laborers as in the judgment of the said board of control and
the warden of the State prison may be necessary for the feasible and successful
and profitable employment of the said prisoners therein therefor; * * * But
provided further, That said State board of control and the said warden of the
prison shall, at all times, in the line of manufacturing herein authorized and
directed, employ and make use of prison labor to the largest extent feasible.
And said board of control and the said warden of the said prison are hereby
authorized, directed, and instructed to establish in and throughout all parts of
the State where there is use and demand for such manufactured products as are
referred to herein, and binding twines, local selling agencies therefor, agencies
not handling nor housing nor interested in the sale of manufactured goods of
other manufacturers sold in this State in competition therewith, and to con
tract with such agencies to furnish thereto, for the local sale thereof, the said
rakes, mowers, grain harvesters and binders, corn harvesters and binders and
corn cultivators, and the extra parts thereof, f . o. b. the said factory, at the actual
cost of the production thereof, plus 5 per cent of the actual cost thereof; includ
ing a charge of not to exceed 27 cents per hour for labor of each prisoner employed;
and the said local agencies so contracted with are hereby authorized in the re
sale thereof to their actual customers therefor, to charge advance prices equal
ing 20 per cent of the prices charged them for said machines (plus actual freight
charges), but not a greater profit thereon, and the contracts entered into with
said agencies shall be so worded as to obligate them to be diligent in the prosecu
tion of the sales of the said machines to the customers therefor and not to be
either directly or indirectly interested in the housing of or in the sale of any
machine locally sold in competition therewith: Provided, That local selling agents
hitherto selling prison-made machines, and also selling competing machines, who
have given or give the State good service in the matter of sales, ofprison-m ade
machines, may, in the discretion of the board of control, be so continued.
Se c . 9316 (as amended 1923, ch. 294). Sales.— Except as hereinabove provided
otherwise, the said board of control shall cause the machines and extras manu
factured at said factory to be sold under and pursuant to such rules and regu
lations as the board of control shall make from time to time for the sale thereof,
and shall be sold for cash or security approved by the warden.
Se c . 9320. Earnings.— The State board of control is hereby authorized and
empowered to provide for the payment to prisoners confined in the State prison
or in the State reformatory of such pecuniary earnings and for the rendering of
such assistance as it may deem proper, under such rules and regulations as it
may prescribe. Such earnings shall be paid out of the fund provided for the
carrying on of the work in which the prisoner is engaged when employed on
State account, and by the contractor when the prisoner is employed under con
tract; and such assistance, when allowed, shall be paid out of the current expense
fund of the institution.
S e c . 9328. Trades; contracts forbidden.— The board shall cause the inmates [of
the State reformatory] to be instructed in trades or employments for which they
seem best fitted. Contract labor is hereby prohibited in the reformatory, and
no inmate thereof shall be required to labor at stonework more than eight hours
per day.
S e c . 9329. Road material.— The State board of control of the State of Minne
sota is hereby authorized and directed to purchase such machinery and appliances
as may be necessary in addition to those now belonging to the State of Minnesota
at the Minnesota State Reformatory and promptly proceed to cause the spalls
and waste rock now on the grounds of said reformatory, and such spalls and
waste rock as shall hereafter accumulate at said reformatory, to be suitably
crushed for road-making purposes.
LAW S RE LA TIN G TO CONVICT LABOR
209
S e c . 9330. Disposition of surplus.— Such crushed rock, in excess of the needs
of said reformatory for construction of buildings of said reformatory, and for
the making of roads upon the grounds thereof, shall be delivered free on board
cars at the reformatory quarries to the State highway commission, as it shall
apply therefor, and shall be used in the construction and repair of permanent
public roads in the State of Minnesota, according to plans provided by said
State highway commission.
S e c . 9331. Earnings.— Said board may make provision for such pecuniary
assistance of prisoners on their discharge, or for the support of their families
while in confinement, as may seem proper, by the allowance of moderate wages,
to be paid from the current expense fund of the institution. * * *
COUNTY CONVICTS
G E N E R A L S T A T U T E S — 1913
S e c t io n 9340. Sentence may be to labor.— Every able-bodied male prisoner over
16 and not more than 50 years of age, confined in any county jail or village lockup
under judgment of any court of record, justice court, or other tribunal authorized
to imprison for the violation of any law, ordinance, by-law, or police regulation,
may be required to labor during the whole or some part of the time of his sen
tence, but not more than 10 hours per day. Such court or tribunal, when passing
judgment of imprisonment for nonpayment of fine or otherwise, shall determine
and specify whether such imprisonment shall be at hard labor or not. Such
labor may be in the jail or jail yard, upon public roads and streets, public build
ings, grounds or elsewhere in the county. Persons awaiting trial may be allowed
upon request to perform such labor. Each prisoner performing labor may be
aid a reasonable compensation by the county if imprisoned in violation of
tate law or awaiting trial upon a charge thereof, and by the city, village or
borough if confined for the violation of any ordinance, by-law, or police regu
lation. * * *
S e c . 9374. Farms.— The board of county commissioners of any county in this
State which now has or may hereafter have a population of over 150,000 and
less than 225,000 inhabitants, shall have the power to acquire land for and estab
lish and maintain thereon, a work or correction farm for the confinement and
care thereon of any and all persons convicted of any violation of the laws of this
State or of any city or village ordinance who could be sentenced as punishment
therefor to any jail or lockup in such county.
Any such county may acquire the land for and establish and maintain such
farm thereon either by itself alone or acting in cooperation with any city of the
first or second class located in such county when such city shall have the power
under its charter to acquire land for and establish and maintain such work or
correction farm.
S e c . 9377. Labor.— * * * The superintendent of said work farm shall cause
all prisoners confined thereon to be employed at hard labor, as far as practicable,
either upon the said farm or elsewhere in said county, in order to enable said
prisoners to be engaged in productive employment and to be self-supporting.
S e c . 9379. Earnings.— [N o t more than 50 cents for each day’s labor may be
allowed for the support of dependents.]
E
A C T S O F 1915
C h a p t e r 212
S e c t io n 2. Farms for female convicts.— [Farm lands, not contiguous to any work
farm for men, may be procured and equipped as a correction or work farm for
women only.]
M IS S IS S IP P I
STATE CONVICTS
C O N S T IT U T IO N
A r t ic l e 10
S e c t io n 223. Employment regulated.— N o penitentiary convict shall ever be
leased or hired to any person or persons, or corporation, private or public or quasi
public, or board, after December, A. D . 1894, save as authorized in the next
210
C O im C T LABOR I N
1923
section, nor shall any previous lease or hiring of convicts extend beyond that
date; and the legislature shall abandon the system of such leasing or hiring as
much sooner than the date mentioned as may be consistent with the economic
safety of the State.
S e c . 224. Public works, etc.— The legislature may authorize the employment
under State supervision and the proper officers and employees of the State, of
convicts on public roads or other public works, or by any levee board on any
public levees, under such provisions and restrictions as it may from time to time
see proper to impose; but said convicts shall not be let or hired to any contractors
under said board, nor shall the working of convicts on public roads, or public
works, or by any levee board ever interfere with the preparation for or the cultiva
tion of any crop which it may be intended shall be cultivated b y the said convicts,
nor interfere with the good management of the State farm, nor put the State to
any expense.
S e c . 225. Farms.— The legislature may place the convicts on a State farm or
farms and have them worked thereon under State supervision exclusively, in
tilling the soil or manufacturing, or both, and may buy farms for that purpose.
* * *#
C O D E — 1906
S ection 3589. Penitentiary.— The plantation known as Parchman, owned by
the State, in Sunflower County, and such other places as are now or may be
hereafter owned or operated by the State in the enforcement of penal servitude,
shall constitute the penitentiary for the custody, punishment, confinement at
hard labor and reformation of all persons convicted of felony in the courts of the
State and sentenced thereto.
S e c . 3606. Shops.— The superintendent, with the approval of the trustees,
for use of the penitentiary, may establish and maintain a blacksmith shop for
doing iron work, and also a wood shop for the manufacture of wagons, carts,
wheelbarrows, plows, harrows, singletrees, hames, and other wooden implements
and structures; a shoe and harness shop for making and mending shoes and
harness; a laundry for washing and ironing the clothes of the convicts; a sawmill
and gristmill for sawing lumber and grinding meal and hominy and chops; a
tailoring shop for cutting, making and mending clothes; a brick and tile factory;
all of which shall be operated by convicts, in case competent foremen can be
found among the convicts.
S e c . 3608. Females.— The board of trustees shall * * *
have erected on
the Sunflower farm a suitable building in which to house the female
convicts, in which building the said convicts shall live and shall manufacture from
stripes and other cloth the necessary clothing for the convicts, and shall perform
such other duties as may be required by the superintendent.
S e c . 3610 (as amended 1916, ch. 166). Place of employment.— It shall be
unlawful for any State convict to be worked on any land not owned by the State
of Mississippi in fee simple and operated by it as a State farm, except they may
be worked on public roads, public levees, or other public works as provided in
section 24 of the constitution: Provided, however, They may be worked on lands
other than State land for the purpose of procuring firewood and other timber
for the exclusive use of the State farm, and for no other purpose.
S e c . 3621. State-use system.— The convicts shall be worked in the penitentiary
and under the sole control ©f the officers and employees thereof. The word
“ penitentiary,” wherever used in this chapter, shall be understood to embrace
the State farm in Sunflower County and other penitentiary farms owned by the
State, and it is hereby declared to be the policy of the State that it shall be selfsupporting, and to that end the superintendent is required in the administration
of its affairs to produce on the State farm all foodstuffs, both for man and beast,
that the soil will produce, in sufficient quantities to supply the needs of the con
victs, including beef, pork, bacon, milk and butter, and to breed and raise all
work animals as far as practicable, such as horses, mules and oxen needed in
carrying on the State farm; and all land not required for the production of food
stuffs as herein provided shall be devoted to the production of cotton and such
other salable products as may seem practical. The superintendent shall also,
as far as practicable, have manufactured all farm implements and tools and shall
have all clothing and shoes made by the convicts.
S e c . 3622. Sale of products.— All cotton and cottonseed and other products on
the State farm shall be sold by the trustees in the manner they shall deem most
advantageous to the State, to the end that the highest price shall be received
therefor. * * *
LAWS RELATING TO CONVICT LABOR
211
A C T S O F 1910
Chapter 167
S ection 1. Road work.— The superintendent of the penitentiary of this State
is hereby authorized; and empowered to work and keep in passable condition the
public roads, not to exceed two roads from any one farm, leading into the convict
farms now located in the counties of Rankin, Yazoo, Holmes, and Sunflower, or
any other convict farms that may be hereafter located, for a distance of 5 mile3
out from said farms, with the convict labor located and domiciled on said farms.
* * *
Chapter 371
S ection 1. Work on farm.— The board of trustees of the penitentiary is hereby
authorized to establish at once quarters on the land, and to use and employ a
number of penitentiary convicts to cultivate a part of the land belonging to the
State, and attached to the insane asylum at Jackson, to an extent sufficient to
produce vegetables and other farm products for the inmates and employees of
said hospital, and those connected with the deaf and dumb and blind institutions,
and for the inmates and employees of any other like State institution, and for the
support of the convicts so employed. Also said convicts are to be used, as far
as necessary and practicable, for mowing and otherwise keeping in good condition
the lawns of the State capitol and the grounds of all other institutions belonging
to the State in Jackson.
S e c . 2 . Use of products.— The products of the land cultivated as above provided
are to be sold to the above-named institutions at a price to be agreed on by the
trustees of said institution and, so far as necessary, what is not sold is to be used
in feeding the convicts thus employed. * * *
A C T S O F 1912
Chapter 146
Section 1. Labor on county roads.— It shall be lawful for the respective boards
of supervisors of Rankin, Hinds, Holmes, and Sunflower Counties, at their dis
cretion, to require annually all of the able-bodied male convicts over the age of
18 years and under the age of 60 years on each of said farms to work for a period
of i5 days on the public roads in the counties in which the said farms are situated.
The convicts in each county to work only upon the roads of the county where
they are held as prisoners. * * *
A C T S O F 1914
Chapter 132
Section 1. Limestone crushing,— The board of trustees of the Mississippi
Penitentiary is [in] cooperation with the State geologist, are hereby authorized
to establish at a point or points within the State of Mississippi, convenient to
railway lines, one or more stations for the purpose of crushing limestone for agri
cultural purposes, and are charged with the duty of operating said station or
stations and supplying the crushed limestone to the farmers of the State at
actual cost.
S e c . 4. Equipment.— The board of trustees of the State penitentiary shall
equip such station or stations with suitable machinery for the handling, crushing,
and loading on cars of said limestone in an economical manner; also with the
necessary buildings, cages, etc., for the humane treatment of the convicts desig
nated for the operation of the station or stations; also any other buildings and
conveniences deemed necessary.
S e c . 6 . Sale.— The product from these stations, or station, shall be sold to the
people of the State of Mississippi at the actual cost of all expenses connected
with the crushing and loading of same upon the cars.
Chapter 205
Sections 1, 2. Sale of foodstuffs.— [Boards of trustees and purchasing agents
of State institutions are directed to purchase from the State penitentiary food
stuffs, “ such as molasses, corn, corn meal, and such other things as are grown
by the State penitentiary/* the same to be purchased at current market prices,
if available, ‘^rather than from outside parties.”!
212
CONVICT LABOR IN 1923
A C T S O F 1916
Chapter 575
Work at State institutions.— [This is a senate concurrent resolution directing
the employment of trusty convicts not needed at farm work at the penitentiary,
“ to grade grounds, repair buildings and fences, and do other necessary or appro
priate w orks” at and upon the grounds of the State eleemosynary or educational
institutions.]
Chapter 576
Care of mansion grounds.— [This is a house concurrent resolution authorizing a
detail of four convicts from the State farm to do such work in and about the
governor's mansion and grounds as the governor may require.]
COUNTY AND CITY CONVICTS
C O N S T IT U T IO N
Section 85.— Labor on highways.— The legislature shall provide by general law
for the working of public roads by contract or by county prisoners, or both. Such
law may be put in operation only by a vote of the board of supervisors in those
counties where it may be desirable.
S ec. 226. Limitation.— Convicts sentenced to the county jail shall not be
hired or leased to any person or corporation outside of the county of their
conviction. * * *
A C T S O F 1908
Chapter 109
S ection 1. Contract system forbidden.— * * * it shall be unlawful for any
county prisoner, or prisoners, to be leased or hired to any individual or corpora
tion for any purpose whatever.
S ec. 4. Disposition of prisoners.— The board of supervisors of the several
counties of the State may dispose of the county prisoners in the following manner
and no other, viz: They may be worked on a county farm or farms; they may
be kept in jail or they may be worked on the public roads or any other work of
an exclusive public character, but never under a contractor, and only under
exclusive official control and management.
S ec. 17 (as amended 1918, ch. 154). M unicipal convicts.— [City, town, or village
authorities may deal with their prisoners as herein provided for county prisoners.]
S ec. 20 . Females.— [Females are, as far as practicable, to be worked separately
from males and not at labor which they are unable to stand, nor on public roads,
works, bridges, or streets.]
M IS S O U R I
STATE CONVICTS
R E V I S E D S T A T U T E S — 1919
Section 12415. Employments.— Said [State prison] board shall, with the
approval of the governor, have authority to lease or purchase such lands, suitable
for farming, rock quarries or grazing purposes, or for any or all said purposes,
as deemed by said board necessary and proper for said purposes, and to be used
by said board for the employment at useful work of the prisoners at said peniten
tiary, and for training the same that they may on leaving the penitentiary be
of good health and character and competent to earn an honest livelihood; * * *
Sec. 12416. Equipment; products.— Said board shall, as soon as practicable,
proceed to purchase, lease or otherwise provide suitable plants, machinery and
equipment, and to purchase material, for the employment of all able-bodied
persons in the Missouri State Penitentiary, the Missouri Reformatory, the
industrial home for girls, the industrial home for negro girls, or any other penal
or reformatory institutions hereafter created, for such industries as in the opinion
of the board will best occupy such persons, with the view of manufacturing,
so far as may be practicable, such articles agreed upon by said board as are needed
in any of the institutions hereinabove in this section mentioned or referred to,
also such as are required by the State or political subdivision thereof, in the
LAWS RELATING TO CONVICT LABOR
218
buildings and offices of the institutions owned, managed or controlled by the
State or political subdivision thereof, also including articles and material to
be used in the erection of buildings or other improvements upon, in, or in con
nection with, any State institutions or State properties, or in the construction,
improvement or repairs of any State highways or county highways, including
bridges and culverts; including lime to be used for agricultural and other purposes
in this State; also including binding twine for use of farmers and others in this
State: Provided, Said board may purchase or lease upon reasonable terms such
machinery as may be necessary for the manufacture and production of any other
articles or products that may be disposed of upon the open market at a profit
to the State, including shoes, clothing, floor mats, mops, rugs, carpets and other
articles of furniture, such as beds and bedding of all kinds; also desks, chairs,
tables, farm implements, fertilizer, brick or any other articles agreed upon by
the board. Said board shall have authority to lease or contract such number
of able-bodied persons in said penitentiary to the State highway board to work
on the State highways or rural post roads, or to the county courts of the State
to work on county highways, on such terms as may be agreed upon by said board,
and the State highway board, or the county courts of the State; and said State
highway board and the county courts of the State are hereby authorized to make
such leases or contracts with the State prison board for the purposes of so working
on said highways or on rural post roads, as the case may be. * * *
Sec. 12418. Sale of products.— [Prices of the articles made are to be fixed by
the prison board. Before the institutions named in section 12416 purchase any
such articles, requisitions must be made on the board, and reasonable time
allowed for the manufacture of the same. Prices may not exceed those charged
in the open market. Excess products may be sold at the market price.]
Sec. 12419. Leasing.— Except as in section 12416, hereinabove provided, the
leasing or contracting of convict labor in any form or manner, directly or in
directly, is hereby prohibited.
S ec. 12420. Training.— It shall be the policy of said board, so far as practicable
in the conduct of all penal or reformatory institutions and in the employment of
the persons aforesaid in the different industries, to so train such persons that
they may on leaving the said institutions be of good health and character and
competent to earn an honest livelihood.
Sec. 12473. Classification; employments.— Said board shall classify the convicts
in their labor * * *. And the board shall use its best endeavors to the end
that the expenses of the penitentiary may be paid out of the proceeds of the
labor of the convicts when employed in manufacturing or otherwise on behalf
of the State, and said board may make any contracts not inconsistent with the
provisions of this article, for the employment of the labor of the convicts; but
nothing in this article shall be construed as forbidding the warden and deputy
warden from using convicts as servants in their own families, subject to such
rules as may be prescribed by the board.
Sec. 12478. Discharge.— [Discharged convicts are to receive a suitable suit
of clothes, with hat and shoes, the clothing to be of a value of $10, if between
April 1 and October 1, and $15 at other times, besides a sufficient sum of money
to pay transportation to the county from which sentenced.]
Sec. 12479. Earnings.— [Five per cent of a convict’s earnings under a con
tractor, or of the amount he would have earned if he had been so employed
shall be allowed him.]
Sec. 12482. Use of labor.— The board is hereby authorized to use the labor
of convicts, not otherwise employed, at any of the industries conducted under
the provisions of this article by said board, on improving any of the public
grounds belonging to the State, or in procuring fuel, water, ice, or any other
necessary supplies for the penitentiary, or for the protection of the State’s
property at Jefferson City from changes or washes in the Missouri River, or
otherwise, or as teamsters for the State; or otherwise, as the board deems advisa
ble: * * *
Sec. 12484. Earnings.— [The prison board may set aside to the credit of con
victs who break no rules and lose no time such limited amount as in their judg
ment will encourage a more cheerful performance of work.]
Sec. 12495. Sale of products.— Neither the warden nor the superintendent
of industries shall sell or give to any of the officers or employees of the prison
any fuel, forage, provisions or manufactured articles under his charge, nor permit
such things to be taken or used except for the use and benefit of the State. * * *
Sec. 12517. Work time.— Eight hours per day shall constitute a day’s labor
for each convict; and no convict shall be required to do any work on the Sabbath
day or holidays, excepting necessary labor for the State.
214
CONVICT LABOR IN 1023
S e c . 12526. Sale of twine.— Said board is hereby empowered to sell the twine
manufactured in the binding twine plant of the penitentiary in such manner as
it deems best. The price of binding twine manufactured at the Missouri Peni
tentiary shall be fixed by the board and may be changed at any time commercial
conditions warrant such change. The product of the State twine factory shall
be sold to actual consumers, in any quantity, or to dealers, under such rules and
regulations as m ay be provided by the said board, either for cash, or on time,
with such security as may be approved by the board. Dealers purchasing twine
shall enter into a written agreement with the State to sell only to actual con
sumers, for said consumers1 use within the county, or territory, designated by
the board. The State shall retain a contingent interest in any twine sold to
dealers, and if any dealer shall violate his agreement, the board may declare
such twine forfeited to the State, and retake possession thereof. Every dealer
purchasing twine from the State factory shall keep the quantity so bought separate
from other twine which he may have in his possession for sale. In disposing of
the product of the State binder twine factory, the board shall give preference to
citizens of this State, but if at any time a surplus of twine is on hand, or is likely
to be accumulated, the product may be sold to the first applicant therefor.
* * *
S e c . 12532. Highways.— It shall be lawful for the board of prison inspectors
of the State penitentiary, or other persons exercising the authority now exercised
b y the board (hereinafter referred to as “ the bo ard ” )? to cause persons confined
in said prison to work on the State highways or on county highways and bridges
and culverts thereon, or at any rock quarry, rock crusher or gravel pit operated
b y the State or any county or civil subdivision, for the purpose of obtaining
material for use in the construction or repair of any such highways, roads,
bridges or culverts thereon: * * * And provided further, That all work done
b y prisoners under authority of this article on any county highway shall be done
only on request of the proper authority of the county.
COUNTY CONVICTS
R E V IS E D
S T A T U T E S — 1919
S e c t io n 3704. Labor on highways, etc.— The county courts in this State are
hereby authorized and empowered to cause all persons who have been convicted
and sentenced b y a court of competent jurisdiction, for crime, the punishment of
which is defined by law to be a fine, or by imprisonment, in the county jail for
any length of time, or by both fine and imprisonment until such fine be paid,
to be put to work and perform labor on the public roads and highways, turn
pikes, or other public works or buildings of said county, or of any town or city
therein, for such purposes as they may deem necessary.
And the county
courts are authorized, in their discretion, to procure a lot of ground by pur
chase or renting, at such place and of such size as they may select, and may
authorize the sheriff or marshal to buy perch rock to be delivered on said lot;
and the sheriff or marshal shall have power and is hereby required to have or
cause all such prisoners as may be directed by the county court to work out
the full number of days for which they have been sentenced, at breaking such
rock or at working upon such public roads and highways, turnpikes or other
public works or buildings as may have been designated, and if the punishment
is b y fine and the fine and costs be not paid, then for every dollar of said judg
ment, including costs, the prisoner shall work one day, and it shall be deemed a
part of the judgment and sentence of the court that such prisoner may be
worked as herein provided: Provided, H e be not required to work over 20 days
for the costs assessed against him.
S e c . 3705. Sale of rock.— The sheriff is hereby authorized to sell such rock as
he has caused to be broken, by the perch, at a price set by the county court, to
any incorporated town or city; or by order of the county court, he m ay turn
them over to any overseer of the roads, to be used by such overseer to the best
advantage of the public roads.
MUNICIPAL CONVICTS
R E V IS E D
S T A T U T E S — 1919
S e c t io n 8648. Street, etc., works.— The various cities, towns, and villages in
this State, whether organized under special charter or under the general laws of
the State, are hereby authorized and empowered to, by ordinance, cause all per
LAWS RELATING TO CONVICT LABOR
215
sons who have been convicted and sentenced by the mayor, judge of the police
court, or other court having jurisdiction, for violation of ordinance of such city,
town or village, whether the punishment be by fine or imprisonment, or by both,
to be put to work and perform labor on the public streets, highways and alleys
or other public works or buildings of such city, town or village, for such purposes
as such city, town or village may deem necessary. And the marshal, constable,
street commissioner, or other proper officer of such city, town or village, shall
have power and be authorized and required to have or cause all such prisoners
as may be directed by the mayor, or other chief officer of such city, town or vil
lage, to work out the full number of days for which they may have been sen
tenced, at breaking rock, or at working upon such public streets, highways or
alleys or other pubfic works or buildings of such city, town or village as may have
been designated. And if the punishment is by fine, and the fine be not paid,
then for every dollar of such judgment the prisoner shall work one day. And it
shall be deemed a part of the judgment and sentence of the court that such pris
oner may be worked as herein provided.
M ONTANA
STATE CONVICTS
C O N S T IT U T IO N
Article 18
Section 2 . Contract system forbidden.— It shall be unlawful for the warden or
other officer of any State penitentiary or reformatory institution in the State of
Montana, or for any State officer to let by contract to any person or persons
or corporation the labor of any convict confined within said institution.
R E V IS E D C O D E S — 1921
S ections 11572, 11573. Sale of goods.2— [N o dealer may knowingly sell or
offer for sale any article produced by convict labor in any prison unless such
goods are plainly marked “ prison made.” ]
Sec. 12446. Manufactures.— The board may, in its discretion, cause the
prisoners, or any number of them, to be employed in any mechanical pursuits,
and at hard labor, and furnish any convicts thus employed with any material
that may be deemed necessary, in the same manner as is provided for the furnish
ing of supplies and stores to the State prison, and the board shall, in all respects,
have the exclusive control of the employment of the convicts, and may from time
to time employ them in such manner as, in its opinion, will best subserve the
interest of the State and the welfare of the prisoners. But neither the board
nor the warden must let by contract to any person the labor of any convict in
the prison.
Sec. 12447. Public works.— If, at any time, the board is of the opinion that
it would be to the interest of the State to employ any portion of the prisoners,
either within or without the walls or inclosures of the State prison, either in im
provement of the public grounds or buildings or otherwise where they may be
profitably employed, it has power to so employ such labor; it must, in such case,
direct the warden accordingly in writing, and cause a record of such order to
be entered at length on the records of the board.
Sec. 12458. Discharge.— [Discharged convicts are to receive “ proper and
sufficient clothing, at a cost not exceeding $25,” and $5 in money.]
COUNTY CONVICTS
R E V IS E D C O D E S — 1921
Section 12484.— Labor may be required.— Persons confined in the county jail
under a judgment of imprisonment rendered in a criminal action or proceeding
may be required by the board of county commissioners to perform labor on the
public works or ways in the county.*
* See note, p. 169.
216
CONVICT LABOR IN 1923
NEBRASKA
STATE CONVICTS
C O M P I L E D S T A T U T E S — 1922
S ection 6973. Employment.— It shall be the duty of the board of control [of
State institutions] to provide labor for the prisoners and keep them employed
so far as possible for the greatest profit to the State and the general welfare and
health of the prisoners; and no labor shall be hired out by contract except as
hereinafter specifically provided. Under the direction of the board of control,
the warden shall employ as many prisoners as necessary in the manufacture of
all such articles used by the State or by State institutions as may be found prac
ticable to manufacture. To this end the warden shall provide machinery, pre
pare shop room and employ such persons as it may be necessary to instruct the
prisoners in such manufacture.
Sec. 6975. Roads.— Whenever the State of Nebraska shall be engaged in the
construction of any road or other public works, the board, department or com
mission charged with the construction of such work m ay certify to the State
board of pardons a request for such number of men as might be used in the
construction of such road or other public works or the production of material
for such road or other public works.
Sec. 6976. Public works.— If the board of pardons shall deem it advisable, and
if there are confined in the State penitentiary or reformatory prisoners, who, in
the judgment of the said board, are sufficiently trustworthy to be engaged in
such occupation, the board of pardons may direct the warden to make available
to the department, board, or commission so requesting such men as the board
of pardons may direct for work upon the public roads or other public works or
other production of material for other public works. * * *
Sec. 6978. Earnings.— [Convicts are to be credited with wages for the time
worked, at a rate to be regulated by the board.]
Sec. 6983. Employment in prison.— The board of control may confine at hard
labor in the penitentiary convicts not employed in such public works, and the
board of control may use such convicts in such industrial enterprises as they
may deem advisable having in mind a minimum of competition with free labor.
Sec. 6992. Discharge.— [Discharged convicts are to receive a decent suit of
clothes, and between Novem ber 1 and April 1, an overcoat, if not already pro
vided for, and $10 in money.]
S ec. 7016. Twine plant.— The board of commissioners of State institutions is
hereby authorized, whenever in its discretion the same shall seem for the best
interests of the State, to construct and equip at the State penitentiary, the
necessary buildings and machinery for the manufacture of binding twine. The
warden of said penitentiary is also authorized, under the orders of said board, to
apply the labor of convicts, so far as deemed advisable, to the construction
equipment and operation of said plant.
S ec. 7029. Inmates of reformatory.— The board of control shall have power to
engage in such trade and business including manufacturing and farming enter
prise, in the reformatory as it may deem for the best interests of the State and
for the advancement and reformation and instruction of the prisoners in useful
trades; and in carrying out the purposes of this act the products of said reforma
tory shall be sold at not less than the fair market price therefor; Provided, T hat
the products of said reformatory shall so far as possible be supplies for State,
county, municipal, school, or other public use and the reformatory shall collect
or be credited with the fair market price therefor.
Sec. 7057. Females.— The board of control of State institutions shall determine
the kind of employment for women committed thereto and shall provide for the
necessary custody and superintendence. The provisions for the safekeeping
and employment of such women shall be for the purpose of teaching them a
useful trade or profession and improve their physical, mental, and moral con
dition. The governing board may credit such women with reasonable compensa
tion for the labor performed by them and may charge them with necessary
expenses of their maintenance and discipline, not exceeding the sum of $2 a week.
If any balance shall be found to be due such women at the expiration of their
term of commitment, such balance may be paid to them at the time of their
discharge. * * *
LAWS RELATING TO CONVICT LABOR
217
COUNTY AND MUNICIPAL CONVICTS
C O M P I L E D S T A T U T E S — 1922
Section 986. Workhouses.— * * * As far as practicable workhouse build
ings shall be constructed by inmates.
Sec. 991. Hours.— Any person so committed [to a workhouse] shall be required
to do and perform any suitable labor, provided by the sheriff, for not to exceed
10 hours each day, or, in case of farm labor, not more than 12 hours each day.
Sec. 992. Place.— The workhouse of such county is extended to any place
within the county where said work is provided. The sheriff shall at all times
have the custody of such convicted persons and may take such persons to any
other county in the State for the purpose of requiring them to perform labor on
property owned or leased by the county board for workhouse purposes or to
perform labor for the county or any village or city in the county.
Sec. 993. Employment.— The county board may provide work for the prisoners
in the workhouse and they may establish any form of enterprise, or industry for
the employment of said prisoners. The county board and the county surveyor
and highway commissioner may use the laborers from the workhouse in per
forming labor for the county whenever it is practicable and safe so to do, and it
is hereby made the duty of the sheriff to furnish, under sufficient guard, to the
county board and the surveyor and highway commissioner, such men from the
workhouse as can be used in said work for the county.
Sec. 994. Contracts.— The sheriff may make contracts in writing for the employ
ment of all such convicted persons when not employed in doing work for the
county, and to make all needful regulation for the profitable employment of such
persons and for the collection of their earnings. The sheriff may contract with
any city or village in the county for the employment of such convicted persons.
N o contract shall be made for the employment of prisoners when the cost to the
county for carrying out such contract shall exceed the amount received under
the contract. Contracts for the employment of prisoners by the day, week, or
month shall be at the current wage for such labor.
Sec. 995. Earnings.— [Such portions of a convict’s earnings as, in the judgment
of the sheriff, should be so used, shall be turned over to his dependents weekly.]
Sec. 997. Farms.— * * * H e [the sheriff] may also lease land for not to
exceed one year for the purpose of raising produce with the work of the prisoners.
Sec. 2996. Employment.— The judges of the district courts of the several
judicial districts of this State shall from time to time as they may deem necessary
prescribe, in writing, rules for the regulation and government of the jails in the
several counties within their respective districts, upon the following subjects:
$
$
s|c
$
He
sfc
sfc
Sixth. Employment, temperance, and instruction of the prisoners;
*
*
*
*
*
*
*
Sec. 3016. County and city convicts.— It shall be the duty of the county board
of each county having a population of over 20,000 and less than 100,000, and
the duty of the mayor and council or legislative body of any city having a popu
lation of over 5,000 and less than 100,000 population to provide for the employ
ment of prisoners sentenced to be confined in the county jail, or prisoners com
mitted to any jail for the nonpayment of any fine imposed for the violation of
any law of the State of Nebraska, or ordinance of any municipality in said
county.
Sec. 3017. Jo in t action.— The county board of such county, the mayor and
council or legislative authorities of such incorporated city located within said
county, are hereby authorized and empowered to unite in the construction and
maintenance of a jail to acquire land by purchase, condemnation or otherwise,
for farm or other purposes for the employment of such prisoners as hereinbefore
provided. * * *
Sec. 3799. Powers of cities.— * * * Cities governed under the provisions
of this chapter shall have power by ordinance:
Sec. 3854. Erection of workhouses, etc.— To erect, establish, and regulate workhouses and poorhouses, houses of correction, jails, station houses, and other
necessary buildings, and to provide for the government and support of same.
Sec. 10169. Sentence may he to labor.— When any court or magistrate shall
sentence any convict to imprisonment in the jail of the county as a punishment
for the offense committed, the judgment and sentence shall require that the con
vict be imprisoned in the cell of the jail of the county, or that he be kept at hard
labor in the jail; * * *.
218
CONVICT LABOR IN 1023
S ec. 10209. Employment.— For the purpose of enabling the county board of
any county in this State to employ in a profitable manner all persons who have
heretofore been or may hereafter be sentenced to hard labor in the jail of the
county, said board, or a majority of them, shall have power to designate the place
where the persons so sentenced shall work, and to make all proper and needful
regulations and provisions for the profitable employment of such convicts, and
for their safe custody during such employment. The county jail is hereby
declared to extend to any stone quarry, road, or other place that shall be desig
nated by the county board for the employment of such convicts.
Sec . 10210. Contracts.— It shall be the duty of the county board to make the
contracts for the employment of convicts as specified in the preceding section,
and the sheriff of the county shall collect the proceeds of all such labor, and after
paying the board of such convicts and the expenses incident to such labor, to
pay the balance to the county treasurer within 10 days.
NEVADA
STATE CONVICTS
R E V IS E D
L A W S — 1912
Section 7561. Powers of board.— The board of State prison commissioners
* * * shall have such supervision of all matters connected with the State
prison as is provided for as follows: They shall have full control of all the State
prison grounds, buildings, prison labor, and prison property; shall purchase, or
cause to be purchased, all needed commissary supplies, all raw material and
tools necessary for any manufacturing purposes carried on at said prison; shall
sell all manufactured articles and stone, and collect the money for the same;
shall rent or hire out any or all of the labor of convicts, and collect the money
therefor, and shall regulate the number of officers and employees, and fix the
salaries thereof.
Sec. 7565. Warden.— The warden shall have the general superintendence of
prison discipline and prison labor; * * *
Sec. 7569 (as amended 1921, ch. 226). Employments.— The board of commis
sioners may, in their discretion, cause the prisoners, or any number of them, to
be employed in any mechanical pursuits, and at hard labor, and furnish such
convicts thus employed with any material that may be deemed necessary, in
the same manner as is provided for the furnishing of supplies and stores to the
State prison, and they shall, in all respects, have the exclusive control of the
employment of the convicts, and may from time to time employ them in such
manner as, in their opinion, will best subserve the interest of the State and
welfare of the prisoners; Provided, That the commissioners shall not permit or
allow the employment of any prisoner or prisoners, except in the manner pro
vided for in subsection A of this act, on any other than public work of general
advantage to the State, including road work, work on the prison farm, or on
any State property, or in any industry adopted by said board for the general
employment of the inmates in whole or in part, provided such industry is for the
benefit of the State and not for the benefit of said prisoner or prisoners. The
said board may elect to compensate prisoners for labor supplied in any such
industry. On the application of any prisoner, whose record for the preceding
six months shall be reported by the warden as excellent, the board may on appli
cation in such form as it may prescribe, issue a written permit to such prisoner
to employ his own time not within the working hours of the day in the manufac
turing for sale by the State as his agent and for his account, of such goods and
material as, when fabricated, shall not enter into competition with any free
labor or any manufactories in the State of Nevada.
S ubsec. A. On the application of any prisoner who has committed no breach
of the prison rules for a period of three months preceding the date of said appli
cation, and whose application is indorsed by the warden, the State board of
prison commissioners may issue a permit, revocable at any time, permitting said
prisoner and none other to employ his own time not within the working hours
of the day in the manufacture and the sale by the State on his account, of such
goods and materials as when fabricated shall not enter into competition with
any free labor or any manufactures in the State of Nevada.
S u b sec . B. The purpose of this act is to prevent competition of prisoners with
free labor and industry in the State of Nevada, except where such labor and
industry inures to the direct benefit of the State of Nevada.
LAWS RELATING TO CONVICT LABOR
2 l9
Sec. 7570. Other employment.— If, at any time, the board of commissioners be .
of the opinion that it would be to the interest of the State to employ any portion
of the prisoners, either within or without the walls or inclosures of the State
prison, either in improvement of the public grounds or buildings, or for hire
upon any private work or employment, where they may be profitably employed,
they shall have power to so employ or hire such labor; they shall, in such case,
direct the warden accordingly in writing, and cause a record of such order to be
entered at length on the records of the board. All such employment outside of
the prison walls or inclosures shhll be within a reasonable distance from the
prison.
Sec. 7585. Work time.— The State board of prison commissioners shall require
of every able-bodied convict confined in the State prison as many hours of faithful
labor in each and every day during his term of imprisonment as shall be pre
scribed by the rules and regulations of the prison. * * *
Sec. 7598. Roadwork.— The board of State prison commissioners is hereby
authorized and directed to detail for work on the public highways of the State
any male convict in the State prison who, on the recommendation of the warden,
and in the opinion of said board, may be properly so detailed, excepting prisoners
under sentence of death: Provided, That such detail shall be voluntary on the
part of the convict and shall not be caused by any form of compulsion.
Sec. 7600 (as amended by chapter 288, Acts of 1913). Earnings.— * * *
Each convict so detailed shall be allowed the sum of 10 cents for each day’s
labor, * * *
A C T S O F 1913
Chapter 115
Section 1. Work on farm.— The board of State prison commissioners is here
by authorized and directed to detail for work on the State prison farm any male
convict in the State prison who, on the recommendation of the warden, and in
the opinion of said board, may be properly so detailed, excepting prisoners under
sentence of death: Provided, That such detail shall be voluntary on the part of
the convict, and shall not be caused by any form of compulsion.
Sec. 2 . Regulation.— Such detail of convicts for work on the prison farm
shall be regulated according to the provisions of law provided for the employ
ment of convicts on the public highways of the State.
C h a p t e r 187
Section 1. Sale of products.— The products of any State institution, or any
article, not required for its own use or consumption, may be sold by the official
in charge of such institution at its reasonable market value, and the proceeds
of such sale shall be deposited in the fund or appropriation for the support of
such institution, and not in the general fund.
COUNTY CONVICTS
R E V IS E D
L A W S — 1912
S ection 6620. Vagrants.— All male persons having the physical ability to
work, convicted of vagrancy and imprisoned on judgment therefor, may be
required to perform labor on the public works, buildings, grounds, or ways in
the county, * * *.
Sec. 6623. Employment.— It shall be the duty of the sheriff, during fair and
reasonable weather, when the same can be done without extra expense to the
county, to procure employment for and set at work such convicted vagrants,
who are serving out their term of imprisonment; and to this end, upon applica
tion of any road supervisor, superintendent, foreman, or other overseer or custo
dian of any public works, buildings, or grounds, he may deliver into the custody
and charge of such person making the application, such prisoners, to do labor
as herein required, * * *
Sec. 7609. Hiring.— Every sheriff may hire out, or put to labor, any person
or persons in his custody who shall be convicted of the following crimes: Petit
larceny, grand larceny, burglary, assault and battery with intent to commit
murder, bribery, perjury, and fraud, taking all necessary means to secure their
safe-keeping, * * *
Sec. 7619. Control; employment.— The sheriff of each and every county in this
State shall have charge and control over all prisoners committed to his care and
220
CONVICT LABOR IN 1923
keeping, in their respective county jails, and the chiefs of police and town marshals
in the several cities and towns throughout this State shall have charge and
control over all prisoners committed to their respective city and town jails;
and * * * shall see that the prisoners under their care are at all times kept
at labor on the public works in their respective counties, cities, and towns, at
least six hours a day during six days of the week, when the weather will permit,
when so required by either the board of county commissioners of their respective
counties, or by the mayor and board of aldgrmen of their respective cities, or
by the board of trustees of their respective towns. By the public works, as used
in this act is understood the construction, or repair, or cleaning of any streets,
road, sidewalks, public square, park, building, cutting away hills, grading, putting
in sewers, or other work whatever, * * *
NEW
H A M P S H IR E
STATE CONVICTS
P U B L IC
STATUTES—
1891
Chapter 285
Section 1. Prison .— The State prison at Concord shall be the general peni
tentiary of the State, for the punishment and reformation of criminals sentenced
to confinement at hard labor or to solitary imprisonment.
S e c . 5. (as amended 1917, ch. 45). Employments; sale of goods.— The gov
ernor, with advice of the council, shall have power:
V. To provide for the sale of articles manufactured in the prison or not neces
sary for the use thereof.
V I. To make contracts, if expedient, for the support and employment of the
prisoners or any portion of them; or to provide such other employment for the
prisoners as they may deem desirable; to organize, conduct, and manage such
industries as in their judgment may be best adapted to the needs of the prison
and the prisoners; and to provide machinery, tools, materials, supplies, and
other instrumentalities useful therein. As far as may be practicable, they
shall dispose of the products of every prison industry under their control and
management to public institutions within the State.
S e c . 7 (as amended 1917, ch. 45). Outside work.— It shall be the duty of the
w arden: To receive, safely keep, and employ in the prison all convicts pursuant
to their sentence and until discharged according to law. H e may employ con
victs outside of the prison walls, upon terms to be prescribed by the board of
trustees of State institutions. * * *
ACTS
OF
1913
Chapter 178
Section 1. Earnings.— The governor and council are authorized and em
powered to provide for the payment to prisoners confined in the State prison
of such pecuniary earnings and to the rendering to their families of such pecuniary
assistance as they, the said governor and council, may deem proper, under such
rules as they may prescribe. * * *
ACTS
OF
1917
Chapter 119
Section 1. Road work.— The State highway commissioner of N e w Hampshire
may employ or cause to be employed convicts confined in the State prison in
the construction, improvement, and maintenance of State highways and in
preparing road materials.
COUNTY CONVICTS
P U B L IC
S T A T U T E S — 1891
Chapter 282
S ection 14. Convicts may be employed.— The sheriff of any county may,
with the approval of the county commissioners, employ and set to labor any
LAWS RELATING TO CONVICT LABOR
221
prisoner confined in the county jail, in such manner as shall be consistent with
his safekeeping, if the labor can be prosecuted without expense to the county.
S e c . 17. Discharge.— A ll * * * prisoners [held under sentence] shall be
entitled to receive upon their discharge 25 per cent of the net proceeds of their
labor; but no person shall enjoy the benefit of these provisions who, while con
fined as a prisoner, shall not have been of good behavior.
ACTS
OF
1917
C h a p t e r 119
S e c t io n 7. Employment.— The county commissioners of any county may
make arrangements with the State highway commissioner or with officials of a
city or town to work prisoners from the jail or house of correction on the con
struction, improvement, or maintenance of highways, preparation of road
materials, or with the State forester for the employment of such prisoners.
ACTS
OF
1921
C h a p t e r 135
S e c t io n 1.
Ja ils .— Tw o jails shall be kept and maintained in the State, one *
at Haverhill and one at Manchester, each of said jails to be maintained by the
county in which it is located; * * *
S e c . 3. Employment.— Employment shall, if possible, be provided for the
prisoners in the jails, and the county maintaining a jail shall pay to any other
county from which prisoners are committed such sum for their labor as may be
agreed upon or as the superior court shall adjudge to be equitable, said sum
to be paid to the county treasurer.
NEW
JE R SE Y
STATE CONVICTS
ACTS
OF
1918
C h a p t e r 147
S e c t io n 701 (as amended 1919, ch. 97). Employment required.— The inmates
of all correctional * * * institutions within the jurisdiction of the State
board [of control of institutions and agencies] shall be employed in such produc
tive occupations as are consistent with the health, strength, and mental capacity
of the persons so employed, who shall receive such compensation therefor as the
State board shall determine.
S e c . 702. Contracts.— N o contract shall be made by which the labor or time
of any inmate of any of the institutions within the jurisdiction of the State
board, or the product or profit of his work, shall be let, contracted for, leased*
farmed out, given or sold to any person, firm or corporation, except in accord
ance with the provisions of this act.
S e c s . 703-705. Goods for State use.— [The State board must prepare a cata
logue of articles manufactured or produced in the various institutions, and the
State, its departments and agencies, the counties, and institutions maintained
in whole or in part by the State, or maintained by the counties, must purchase
from the board such articles as are needed that it can furnish. Technical evasions
by purchasing agents are forbidden.]
S e c . 706. S a le m a rk in g .— [Surplus products may be sold in the open market,
but not so as to compete unfairly with the product of free labor. Nonperishable
articles so marked must be stamped or labeled, legibly and conspicuously, “ M anu
factured in the N ew Jersey ---------- 2.” ]
S e c . 707. Powers of hoard.— The State board shall have power to—
а. Assign to each institution the industries, occupations, vocations, and labor
to be operated or performed by the inmates thereof;
б. Establish for each institution and for each industry, occupation and voca
tion, hours and days of labor, determine the rate of compensation to be paid
therein and pay or cause the same to be paid to the worker or his dependents*
or apportion the pay between the worker and his dependents;
;
8See note, p. 169.
177°—25f-----15
222
CONVICT LABOR IN 1923
c. Procure and install in each institution the machinery and equipment and
furnish the tools, supplies, raw materials, seeds, fertilizers, and each and every
article necessary for the operation of the assigned industries and the performance
o f the assigned occupations and vocations #with relation to the determined
standards of quality and quantity;
d. Establish standards of machinery equipment, tools, supplies, raw materials,
adopt in conjunction with the State purchasing commission, styles, patterns,
designs and qualities of finished products, determine the cost of production and
fix the selling price thereof;
e. Establish a uniform system of accounting and cost of production for
materials and labor including maintenance and wage payments;
/. Prepare and issue a catalogue containing a description and price list of all
articles manufactured or produced by all the institutions within its jurisdiction;
g, Assign any number of the inmates of any institution to the performance
of labor outside the usual limits of the institution of which they are inmates, of
whatever character and wherever, within the boundaries of this State, m ay be
determined by the State board, provided such labor shall only be employed
in enterprises of a public nature or connected with the public welfare or in such
work in such places as may be necessary to meet any emergency arising from
scarcity of labor on farms. Such labor shall be performed under the direct
supervision of an officer or officers authorized by the commissioner;
*
*
*
*
*
*
*
Z. Perform as an independent contractor, with the labor of the inmates of the
institution within its jurisdiction, any public work, either upon the lands of the
State or elsewhere;
m. Employ the inmates of any or all the institutions within its jurisdiction
upon any work for the United States Government or any department thereof,
upon such terms as the State board may determine.
S e c . 708. Limitations.— The employment of the inmates of any institution
within the jurisdiction of the State board shall be subject to the following specific
limitations:
*
*
*
*
*
*
*
b. Convict labor under armed guard shall not be used on public improvements
in conjunction with free labor;
c. Convict labor shall not be used to take the place of free labor locked out
or on strike.
COUNTY CONVICTS
ACTS
OF
1915
C h a p t e r 119
S e c t io n 1. Road work.— [The board of chosen freeholders of any county may
cause male prisoners, who are physically able, to be employed on the roads and
highv ays of the county or the grounds of any county institutions, and allow wages
therefor, not exceeding 50 cents per day of eight hours, as the board m ay deter
mine.]
A C T S O F 1917
C h a p t e r 157
S e c t io n 1. Employment.— The board of chosen freeholders of any county in
this State m ay cause to be employed within such county any or all prisoners
in any county workhouse or penitentiary under sentence, or committed for non
payment of a fine and costs, or committed in default of bond for nonsupport
of the family, and the product of their labor may be disposed of to the county
or to any public institution of the county. %Nothing herein contained shall
permit the employment of prisoners to take the place of free labor locked out
or on strike, nor shall any prison labor be employed upon any public im prove
ment when free labor sufficient to carry on the work makes application for em
ployment thereon.
S e c . 2. Earnings ,— [T h e board may allow wages, not in excess of 50 cents for
each d ay of eight hours.]
C h a p t e r 271
[This chapter makes provision for prisoners in the county jails similar to that
in chapter 157 for inmates of workhouses or penitentiaries, except as to use as
strike breakers, or employment on public improvements. Query: Does it
supersede the earlier chapter?]
LAWS RELATING TO CONVICT LABOR
223
NEW MEXICO
STATE CONVICTS
C O N S T IT U T IO N
A r t ic l e X X
S e c t io n 15. Employment.— The penitentiary is a reformatory and an industrial
school and all persons confined therein shall, so far as consistent with discipline
and the public interest, be employed in some beneficial industry; and where a
convict has a dependent family, his net earnings shall be paid to said family
if necessary for their support.
S e c . 18. Leasing prohibited.— The leasing of convict labor by the State is
hereby prohibited.
S T A T U T E S — 1915
S e c t io n 2641. Road work.— Convict labor shall be used in work provided in
this article whenever available and advisable, and the board of penitentiary
commissioners shall at any time, upon the demand of such highway commission,
furnish such a number of convicts for such work as shall be available and at such
times and places as shall be designated by the highway commission, and shall
also furnish sufficient guards with such convicts.
*
*
*
*
*
*
*
Se c . 2708. Same.— The construction, repair, and maintenance of said public
highway shall be done under the authority and control of the board of peniten
tiary commissioners and superintendent of the State penitentiary, and said board
is hereby authorized and required to construct said road, by the use of the labor
of the penitentiary convicts, * * *
Se c . 5041. Employment.— The board of penitentiary commissioners shall
decide what improvements shall be made in the penitentiary, whether the same
shall be enlarged or the erection of the extension of the prison or prison walls,
the erection of workshops or other buildings or improvements shall be made:
Provided^ That said commissioners shall not make any improvements that will
require an expenditure of money in excess of the appropriations made by the
legislature for that purpose, which improvements shall be made under the direc
tion of the superintendent on plans furnished by said board, and he shall employ
such number of convicts in making such improvements as said board may deem
advisable, and shall employe the remainder of the convicts as may be most
advantageous to the State or the penitentiary.
S e c . 5050. Sale of products.— A ll the products of convict labor shall be sold
to the highest bidder, for cash, after 20 days’ notice by advertisement in three
daily newspapers, not more than one of which shall be published in the same
county.
S e c . 5051. Electricity.— The penitentiary is hereby required to furnish electric
lights at cost to the capitol building and the deaf and dumb asylum, and shall
also be authorized to sell electric lights in the city of Santa Fe, upon such terms
as in the judgment of the superintendent of the penitentiary and the board of
penitentiary commissioners are proper.
S e c . 5063. Labor required.— A ll male persons convicted of crime and confined
in the penitentiary under the laws of the State, except such as are precluded by
the terms of the judgment and sentence under which they may be imprisoned,
shall perform labor under such rules and regulations as have been or may hereafter
be prescribed by the board of penitentiary commissioners.
S e c . 5069 (as amended 1921, ch. 58). Streets and alleys.— Whenever the con
victs in the penitentiary, or any of them, shall not be employed in any work at the
penitentiary, or be otherwise occupied in or about any work or labor in con
nection with the penitentiary, or in work or labor in or about the capitol building
or capitol grounds, it shall be proper and requisite to employ them in the grading,
paving, and repairing of the streets, alleys, roads, and bridges in and about the
city of Santa Fe. * * *
S e c . 5081. Discharge.— [Discharged prisoners receive suitable clothing, trans
portation to their home or place of conviction, or other place not more remote,
and $ifin money.]
224
CONVICT LABOR IN 1923'
COUNTY CONVICTS
S T A T U T E S — 1915
S e c t io n 3052. Work on streets, etc.— It shall be the duty of the officers in
eharge of the jails in all the counties of the State of N e w Mexico to compel the
prisoners who are or m ay be sentenced to imprisonment in the county jail of their
respective counties, to work on the public streets, public roads, and around the
public buildings situated in the county seats without pay or remuneration what
soever, during the hours between 9 a. m. and 4 p. m., except on Sundays and
legal holidays.
NEW YORK
STATE AND COUNTY CONVICTS
C O N S T IT U T IO N
Se c t io n 53. Contract system 'prohibited.— The legislature shall, by law., provide
for the occupation and employment of prisoners sentenced to the several State
prisons, penitentiaries, jails, and reformatories in the State; and on and after the
first day of January, in the year 1897, no person in any such prison, penitentiary,
jail or reformatory, shall be required or allowed to work, while"under sentence
thereto, at any trade, industry or occupation, wherein or whereby his work, or
the product or profit of his work, shall be farmed out, contracted, given or sold to
any person, firm, association or corporation. This section shall not be construed
to prevent the legislature from providing that convicts may work for, and that the
products of their labor may be disposed of to the State or any political division
thereof, or for or to any public institution owned or managed and controlled by
the State, or any political division thereof.
C O N S O L I D A T E D L A W S — 1909
C h a p t e r 31
S e c t io n s 193-195. Goods to be marked.2— [All goods, wares, and merchandise
made by convict labor in any prison or elsewhere where convict labor is employed
must be branded, labeled, or marked with the words “ convict made.” This does
not apply to articles produced for the use of institutions of the State or its sub
divisions, but no convict-made goods may be sold or exposed for sale without
such mark. Penalties of fine, imprisonment, or both, are fixed by section 620,
chapter 40, for selling such goods without a license, for offering convict-made
goods for sale without the mark, or for removing the mark.]
C h a p t e r 43
S e c t io n 177 (as amended 1924, chap. 601). Order of supply.— The labor
of the convicts in the State prisons and reformatories in the State, after the
necessary labor for the manufacture of all needed supplies for said institutions,
shall be primarily devoted to the State and the public buildings and institutions
thereof, and the manufacture of supplies for the State, and public institutions
thereof, and secondly to the political divisions of the State, and public institutions
thereof; and the labor of the convicts- in the penitentiaries, workhouses, and
county jails, after the necessary labor for and manufacture of all needed supplies
for the same, shall be primarily devoted to the counties, respectively, in which
said penitentiaries, workhouses, or county jails are located, and the towns, cities,
and villages therein, and to the manufacture of supplies for the public institutions
of the counties, or the political divisions thereof, and secondly to the State and
the public institutions thereof.
[A proviso supplemental to the above authorizes the State superintendent of
prisons to contract with the managing authorities of any penal institution within
the State, other than the State prisons and State reformatories, for the dispostion of the products of such institution, in whole or in part, to the State or to any
political subdivision thereof, or to institutions owned or managed thereby.
Kinds and qualities of articles, prices, and disposition singly or in connection with
the products of other institutions are among the points covered. Prices‘are to
be the current prices for like articles as fixed by the prison industries board or
aSee note p. 169.
LAWS RELATING TO CONVICT LABOR
225
approved b y it. A ll products must be disposed of to the agencies and institu
tions named above, and none may be purchased for resale or for disposition at a
profit other than as above provided for.]
S e c . 185 (as amended 1922, ch. 177). Earnings .— [Prisoners confined in the
penal institutions of the State and in the county jails may, in the discretion of
the managing authorities, receive as compensation for their labor not in excess
of 10 per cent of the earnings of the institution. A ny allowance in excess of 1J4
cents per day shall be based on excess production above the amount fixed as re
quired production for the State or political subdivision, the total not to exceed
20 cents per day. The rate is based on both the value of the work performed and
the willingness, industry, and good conduct of the prisoner.]
STATE CONVICTS
C O N S O L I D A T E D L A W S — 1909
C h a pt e r 43
S e c t io n 75 (as amended 1917, ch. 391). Farm , etc., lands.— The superin
tendent of State prisons, with the approval of the State comptroller, may lease
for not to exceed five years, real property within the State for the employment
at farm labor, stone quarrying and stone crushing, of convicts confined in the
State prisons. * * * Farm or other industries established and conducted
under the provisions of this section shall be subject to the provisions of law appli
cable to other prison industries and farm labor in prisons.
Se c . 170. Contracts prohibited.— The superintendent of State prisons shall
not, nor shall any other authority whatsoever, make any contract by which the
labor or time of any prisoner in any State prison, reformatory, penitentiary, or jail
in this State, or the product or profit of his work, shall be contracted, let, farmed
out, given, or sold to any person, firm, association, or corporation; except that
the convicts in said penal institutions may work for, and the products of their
labor may be disposed of to, the State or any political division thereof or for or to
any public institution owned or managed and controlled by the State, or any
political division thereof.
S e c . 170-a (added 1924, ch. 601). Superintendent of prison industries.— [A su
perintendent of prison industries is provided for, to be in charge of all prison
industries and prison labor, including shops, farm work,*and the development of
manufacturing methods.]
Se c . 171. Hours of labor, etc.— The superintendent of State prisons, the super
intendents, managers, and officials of all reformatories and penitentiaries in the
State, shall, so far as practicable, cause all the prisoners in said institutions, who
are physically capable thereof, to be employed at hard labor, for not to exceed
eight hours of each day, other than Sundays and public holidays, but such hard
labor shall be either for the purpose of production of supplies for said institutions,
or for the State, or any political division thereof, or for any public institution
owned or managed and controlled by the State, or any political division thereof;
or for the purpose of. industrial training and instruction, or partly for one and
partly for the other of such purposes.
Se c . 172. Convicts: First grade.— The labor of the prisoners of the first grade
in each of said prisons, reformatories, and penitentiaries, shall be directed with
reference to fitting the prisoner to maintain himself by honest industry after his
discharge from imprisonment, as the primary or sole object of such labor, and
such prisoners of the first grade may be so employed at hard labor for industrial
training and instruction solely, even though no useful or salable products result
from their labor, but only in case such industrial training or instruction can be
more effectively given in such manner. Otherwise, and so far as is consistent
with the primary object of the labor of prisoners of the first grade as aforesaid,
the labor of such prisoners shall be so directed as to produce the greatest amount
of useful products, articles, and supplies needed and used in the said institutions,
and in the buildings and offices of the State, or those of any political division
thereof, or in any public institution owned or managed and controlled by the State
or any political division thereof, or said labor may be for the State, or any political
division thereof.
Se c . 173. Second grade.— The labor of prisoners of the second grade in said
prisons, reformatories, and penitentiaries shall be directed primarily to labor
for the State or any political division thereof, or to the production and manu
facture of useful articles and supplies for said institutions, or for any public
institution owned or managed and controlled by the State, or any political
division thereof.
2 26
CONVICT LABOR IN 1925
S e c . 174. Third grade.— The labor erf prisoners of the third grade shall be
directed to such exercise as shall tend to the preservation of health, or they shall
be employed in labor for the State, or a political division thereof, or in the manu
facture o f such useful articles and supplies as are needed and used in the said
institutions, and in the public institutions owned or managed and controlled by
the State, or any political division thereof.
S e c . 175 (as amended 1924, ch. 601). State-use system.— A ll convicts sentenced
to State prisons, reformatories, and penitentiaries in the State, shall be employed
for the State, or a political division thereof, or in productive industries for the
benefit of the State, or the political divisions thereof, or for the use of public
institutions owned or managed and controlled b y the State, or the political
divisions thereof, which shall be under rules and regulations for the dis
tribution and diversification thereof, to be established by the board of indus
tries. * * *
Se c . 176. Printing and engraving.— N o printing or photo-engraving shall be
done in any State prison, penitentiary, or reformatory for the State or any political
division thereof, or for any public institution owned or managed and controlled
b y the State or any such political division, except such printing as may be required
for or used in the penal and State charitable institutions, and the reports of the
State commission of prisons and the superintendent of prisons, and all printing
required in their offices.
S e c . 178. Reformatories and penitentiaries.— The State board of managers of
reformatories, and the managing authorities of all the penitentiaries or other penal
institutions in this State, are hereby authorized and directed to conduct the labor
of prisoners therein, respectively, in like manner and under like restrictions, as
labor is authorized by sections 170 and 171 of this article, to be conducted in
State prisons.
S e c . 179 (as amended 1919, ch. 420). Road work.— The superintendent of
State prisons m ay employ or cause to be employed the convicts confined in the
State prisons in the repair, maintenance, construction or improvement of the
public highways at any place within the State, outside of an incorporated village
or city, upon request or with the consent of the State commission of highways,
in the case of State or county highways, or upon the request or with the consent
of the officer having charge of such repairs, maintenance, construction, or improve
ment, in the case of any other highway. * * *
S e c . 179a (added 1930, ch. 170). Road work.— [This section makes provision
for the employment of the inmates of State reformatories similar to the fore
going for prison inmates.]
S e c . 181. Distribution of industries.— It shall be the duty of the superintendent
of State prisons to distribute, among the penal institutions under his jurisdiction,
the labor and industries assigned by the commission to said institutions, due
regard being had to the location and convenience of the prisons, and of the other
institutions to be supplied, the machinery now therein and the number of prison
ers, in order to secure the best service and distribution of the labor, and to employ
the prisoners, so far as practicable, in occupations in which they will be most
likely to obtain employment after their discharge from imprisonment: * * *
S e c . 182 (as amended 1924, ch. 601). Articles for State use.— The superin
tendent of State prisons, and the superintendents of reformatories and peni
tentiaries, respectively, are authorized and directed to cause to be manufactured
b y the convicts in the prisons, reformatories, and penitentiaries, such articles as
are needed and used therein, and also such as are required by the State or political
divisions thereof, and in the buildings, offices and public institutions owned or
managed and controlled by the State, including articles and materials to be used
in the erection of the buildings. * * * [Provisions are made for fixing
patterns, prices, etc.] N o article so manufactured shall be purchased from
any other source, for the State or public institutions of the State, or the
olitical divisions thereof, except uniforms for the inmates of the N ew Y o rk
tate Soldiers1 and Sailors’ Home or of the N ew York State W omen’s Relief
Corps Home, unless said State commission of prisons shall certify that the same
can not be furnished upon such requisition, and no claim therefor shall be audited
or paid without such certificate.
S e c . 184 (as amended 1924, ch. 601). Fixing prices.— [Prices are to be fixed for
labor performed or articles manufactured for or furnished to the State, its politcial
subdivisions, or the public institutions thereof. These shall be uniform, and as
near the usual market price for such labor and products as possible.
Prices for
labor or goods furnished to or for the counties in which the penitentiaries are
located shall be fixed by local authorities.]
§
LAWS RELATING TO CONVICT LABOR
227
S e c . 184-a .(added 1915, ch. 457). Farm products.— [State charitable institu
tions and State hospitals using farm products in excess of their own production
must obtain the same from State prisons, etc., having excess products, unless
prices, quality, distance, or other reasons make it advantageous to purchase them
elsewhere. Statements of available products must be transmitted from time
to time to the managers of the hospitals and charitable institutions that may
require such products.]
Se c . 321. Labor required.— It shall be the duty of the agent and warden of
each of the penitentiaries in this State to require of every able-bodied convict
confined therein as many hours of faithful labor in each and every day during
his term, as shall be prescribed by the rules of such penitentiary.
C h a p t e r 65 (added 1911, ch. 647)
S e c t io n 50 (as amended 1916, ch. 451). Forestry.— The [conservation] com
mission shall, for the purpose of carrying out the provisions of this article, have
the following power, duty, and authority:
♦
*
*
*
*
*
*
9.
Employ, with the approval of the superintendent of prisons, convicts com
mitted to any penal institution, or, with the approval of the governing board
thereof, the inmates of other State institutions for the purpose of producing or
planting trees. Such portion of the proceeds of the sale of trees grown at State
institutions as the commission determines is equitable may be paid over to that
institution.
COUNTY CONVICTS
C O N S O L I D A T E D L A W S — 1909
C h a p t e r 11
S ec tio n 93. Labor required.— * * *
Such keeper [of county jails] shall
cause each prisoner committed to his jail for imprisonment under sentence, to be
constantly employed at hard labor when practicable, during every day, except
Sunday, and the board of supervisors of the county, or judge of the county, may
prescribe the kind of labor at which such prisoner shall be employed $ and the
keeper shall account, at least annually, with the board of supervisors of the county,
for the proceeds of such labor. Such keeper may, with the consent of the board
of supervisors of the county, or the county judge, from time to time, cause such of
the convicts under his charge as are capable of hard labor, to be employed out
side of the jail in the same, or in an adjoining county, upon such terms as may be
agreed upon between the keepers and the officers, or persons, under whose direction
such convicts shall be placed, subject to such regulations as the board or judge
may prescribe; and the board of supervisors of the several counties are authorized
to employ convicts under sentence to confinement in the county jails, in building
and repairing penal institutions of the county and in building and repairing the
highways in their respective counties or in preparing the materials for such
highways for sale to and for the use of such counties or towns, villages and cities
therein; and to make rules and regulations for their employment; and the said
board of supervisors are hereby authorized to cause money to be raised by taxation
for the purpose of furnishing materials and carrying this provision into effect; and
the courts of this State are hereby authorized to sentence convicts committed to
detention in the county jails to such hard labor as may be provided for them by the
boards of supervisors.
Se c . 100. Workhouses.— The board of supervisors of any county may establish
and maintain a workhouse for the confinement, of persons convicted within the
county of crimes and criminal offenses, the punishment for which is imprisonment
in the county jail, and may provide for the imprisonment and employment therein
of all persons sentenced thereto, and any court or judicial officer may sentence
such person to such workhouse instead of to the county jail.
NEW YORK CITY CONVICTS
A C T S O F 1901
C h a p t e r 466
S e c t io n 700. Employment.— Every inmate of an institution under the charge
of the commissioner [of corrections, of the city of N ew York], whose age and
228
CONVICT LABOR IN 1923
health will permit, shall be employed in quarrying or cutting stone, or in cultivat
ing land under the control of the commissioner, or in manufacturing such articles
as m ay be required for ordinary use in the institutions under the control of the
commissioner, or for the use of any department of the city of N ew York, or in
preparing and building sea walls upon islands or other places belonging to the city
of N e w York upon which public institutions now are or may hereafter be erected,
or in public works carried on by any department of the city, or at such mechanical
or other labor as shall be found from experience to be suited to the capacity of the
individual. The articles raised or manufactured by such labor shall be subject to
the order of and shall be placed under the control of the commissioner, and shall
be utilized in the institutions under his charge or in some other department of the
city. A ll the lands under the jurisdiction of the commissioner not otherwise
occupied or utilized, and which are capable of cultivation shall in the discretion
of the commissioner be used for agricultural purposes.
S e c . 701. Public buildings and grounds.-^A t the request of any of the heads of
the administrative departments of the city of N ew Y ork (who are hereby em
powered to make such request) the commissioner of correction may detail and
designate any inmate or inmates of any of the institutions in the department of
correction to perform work, labor, and services in and upon the grounds and build
ings or in and upon any public work or improvement under the charge of such
other department.
S e c . 702. Hours of labor.— The hours of labor required of any inmate of any
institution under the charge of the commissioner shall be fixed by the
commissioner.
NORTH CAROLINA
STATE AND COUNTY CONVICTS
C O N S T IT U T IO N
A r t ic l e X I
S e c t io n 1. Legal punishments.— The following punishments only shall be
known to the laws of this State, viz : Death, imprisonment with or without hard
labor, fines, removal from office, and disqualification to hold and enjoy any
office of honor, trust, or profit under this State. The foregoing provision for
imprisonment with hard labor shall be construed to authorize the employment
of such convict labor on public works or highways, or other labor for public
benefit, and the farming out thereof, where, and in such manner as may be
provided by law. * * *
C O N S O L I D A T E D S T A T U T E S — 1919
S e c t io n 3591. Road work.— A ll convicts, either State or county, that can be
arranged for by agreement with the State prison board or between the various
county authorities and State highway commission, as the case m ay be, may be
worked on this system of State highways and on the production of material for
said highways. The care and discipline of such prisoners shall be as provided
by the prison laws of the State.
"S e c . 4409. Females.— If any other officer, either judicial, executive or minis
terial, shall order or require the working of any female on the streets or roads in
any group or chain gang in this State, he shall be deemed guilty of a misdemeanor.
STATE CONVICTS
C O N S O L I D A T E D S T A T U T E S — 1919
S e c t io n 3812. Employment by counties.— Any county or township or good roads
district that desires to use convict labor in the construction or improvement of
its highways shall apply first to the geological and economic survey to lay out and
make plans for said work or to approve plans already made. The said county,
township, or good roads district shall then apply to the board or State prison
directors for the number of convicts desired for the work, this number in no case
to be less than 40.
S e c . 3813. Same.— The board of directors, as soon as possible after the receipt
of the application and the approval of the council of State, shall furnish the labor
requested and proceed to construct or improve the highway under the direction
LAWS RELATING TO CONVICT LABOR
229
of the State geological and economic survey. A ll applications from counties,
townships, or good roads districts for convict labor shall be honored in turn,
according to the date of their receipt, except that no county, township, or good
roads district may use at any time more than 100 convicts if an application from
another county is pending and no labor is available for it.
S e c . 3815. Existing contracts.— [Existing contracts for railroad or highway
labor are not to be disturbed; but should any railway company fail to carry out
such contract, the obligation to furnish labor ends.]
S e c . 3816. Reserve force,— The State farm or penitentiary authorities or council
of State shall at all times reserve a sufficient number of convicts to properly
cultivate and conduct the State farm.
S e c . 7698. Incorporation.— [The board of directors of the State’s prison is
declared to be a corporation.]
S e c . 7707. Employment.— The board of directors [of the State’s prison] shall
make provision for receiving and keeping in custody, until discharged according
to law, all convicts now confined in such prison, and all such as may be sentenced
to imprisonment therein by the courts of this State. It shall also provide for the
employment of such convicts, either in the prison or on farms leased or owned by
the corporation; and may contract for the hire or employment of any able-bodied
convicts, not necessary to be detained in the prison, near Raleigh, upon such terms
as may be just and fair to the corporation, but such convicts, when so hired or
employed, shall remain under the actual management, control, and care of the
board of directors or its employees, agents, and servants; but no female convict
shall be worked on public roads or streets. * * *
S e c . 7712. Road work— The board of directors of the State prison are authorized
to work the prisoners committed to their charge on the public roads of the State
by organizing State camps for housing and feeding the prisoners while at work on
such roads, * * *
S e c . 7725. Earnings.— [Convicts of the first, second, and third classes receive
15, 10, and 5 cents each, respectively, for each day worked, and life convicts
4 cents.]
S e c . 7726. Work time.— The board of directors of the State prison shall,
through the superintendent, wardens, managers, or officials of the penitentiary,
State farms, or reformatories in the State, so far as is practicable, cause all the
prisoners in such institutions who are physically capable thereof to be employed
at useful labor not to exceed 10 hours of each day, other than Sundays and public
holidays: Provided, That not more than 9 hours’ work per day shall be permitted
when prisoners are hired to private persons, firms, or corporations. This section
shall not apply to work^on the State farm, nor to existing contracts heretofore
made by this State.
S e c . 7747. Discharge.— [Discharged convicts receive transportation to the
county in which convicted, or other county less distant designated by the convict,
in which the State’s prison may not have convicts employed, the cost to be paid
out of the money, if any, to the credit of such convict.]
S e c . 7758. Hiring to counties.— It shall be lawful for the board of commissioners
of any county, and likewise for the corporate authorities of any city or town,
to contract in writing with the board of directors of the State’s prison for the em
ployment of such convicts as by existing laws may be hired to railroad companies
upon the highways or streets for the construction or improvement of the same,
of the county, city, or town whose authorities shall also hire such convicts.
S e c . 7759. Same subject.— Upon application to them it shall be the duty of the
board of directors of the State’s prison to hire to the board of commissioners of
any county, and to the corporate authorities of any city or town, for the purpose
specified in the preceding section, such convicts as may lawfully be hired for serv
ice outside the State’s prison as shall not at the time of such application be so
hired; * * *
S e c . 7762. Regulation of contracts.— The board of directors of the State prison
shall not, nor shall any other authority whatsoever, make any contract by which
the labor or time of any prisoner or convict sentenced to the State prison or
reformatory, or the product or profit of his work, shall be contracted, let, farmed
out, given or sold to any person, firm, association, or corporation, unless such
convict shall be fed and clothed by the prison and shall be quartered, guarded,
and worked under the sole supervision and control of the prison directors; except
that the prisoner or convict may work, for and the products of his labor may be
disposed of to the State or for or to any public institution owned, managed, or
controlled by the State, or to any county of the, State; but the products of the
State farm m ay be sold in the open market for the purpose of making the State
prison self-supporting, as contemplated by the constitution. * * *
i
230
CONVICT LABOR IN 1923
S e c . 7763. Reservations.— N o State convicts shall be worked upon any railroad
or public works of the State or county or any subdivision of any county or any
works of any character whatsoever if, in the opinion of the governor and board
of directors of the State prison, the prison would thereby be made self-sustaining;
and should at any time the surplus convicts that are not already engaged in
farm work be engaged in any work for State, county or any subdivision thereof,
or any contract work of any nature, and, in the judgment of the governor and
the board of directors, the services of such convicts should be needed at the
State farm to properly cultivate or to house the crops, the said board of directors
are hereby authorized and empowered to discontinue such work and move the
prisoners to the State farm at once. * * *
COUNTY CONVICTS
C O N S O L I D A T E D S T A T U T E S — 1919
S e c t io n 1297. Employment.— The boards of commissioners of the several
counties have power—
*
*
*
*
*
*
*
17.
T o lease or purchase a county farm, and where proper provisions are
made for securing and caring for convicts, such of them as are subject to road
duty may be worked on said farm, and, in the discretion of the board, such farms
m ay be made experimental farms. The court, in its discretion, may sentence
convicted prisoners either to said farm or to the roads. W here a farm is pur
chased or leased in those counties having a road system, the board m ay work the
convicts on such farms.
30. T o make provision fbr the erection in each county of a house of correction,
where vagrants and persons guilty of misdemeanors shall be restrained and
usefully employed; to regulate the employment of labor therein; to appoint a
superintendent thereof, and such assistants as are deemed necessary, and to fix
their compensation.
31. T o provide for the employment on the highways or public works in the
county of all persons condemned to imprisonment with hard labor, and not
sent to the penitentiary.
S e c . 1356. Work on streets, etc., hiring out.— The board of commissioners of the
several counties within their respective jurisdictions, or such other county authori
ties therein as may be established, and the mayor and intendant of the several
-cities and towns of the State, shall have power to provide under such rules and
regulations as they m ay deem best for the employment on the public streets,
public highways, public works, or other labor for individuals or corporations, of
all persons imprisoned in the jails of their respective counties, cities and towns,
upon conviction of any crime or misdemeanor, or who may be committed to
jail for failure to enter into bond for keeping the peace or for good behavior, and
who fail to pay all the costs which they are adjudged to pay, or to give good and
sufficient security therefor: Provided, Such prisoner or convict shall not be
detained beyond the time fixed by the judgment of the court: Provided further,
The amount realized from hiring out such persons shall be credited to them for
the fine and bill of costs in all cases of conviction: Provided also, It shall not be
law ful to farm out any such convicted person who may be imprisoned for the
nonpayment of a fine or as punishment imposed for the offense of which he may
have been convicted, unless the court before whom the trial is had shall in its
judgment so authorize.
S e c . 1359. Road work.— W hen any county has made provision for the working
of convicts upon the public roads, or when any number of counties have jointly
made provision for working convicts upon the public roads, it shall be lawful
for, and the duty of the judge holding court in such counties, to sentence to
imprisonment at harc^labor on the public roads for such terms as are now pre
scribed by law for their imprisonment in the county jail or in the State’s prison,
%he following classes of convicts: First, all persons convicted of offenses the
punishment whereof would otherwise be wholly, or in part, imprisonment in the
common jail; second, all persons convicted of crimes the punishment whereof
'would otherwise wholly or in part be imprisonment in the State’s prison for a
term not exceeding 10 years. In such counties there may also be worked on the
public roads, in like manner, all persons sentenced to imprisonment in jail by
any magistrate, and also all insolvents who shall be imprisoned by any court in
said counties for nonpayment of costs in criminal causes may be retained in
Imprisonment and worked on the public roads until they shall have repaid the
county to the extent of the half fees charged up against the county for each
person taking the insolvent oath. * * *
LAWS RELATING TO CONVICT LABOR
231
S e c . 3678. Same.— Any person in any county that has a county road com
mission appointed under the provisions of this article, who shall be convicted in
any of the courts of said county, superior, justice’s or mayor’s courts, and sen
tenced to work on the public roads, shall be assigned into the custody and control
of the county road commission by the board of county commissioners, when
said board is so requested by the county road commission. Said prisoners while
in the custody and under the control of the said road commission shall be
employed on such road work as may be deemed best by the county road com
mission. * * *
NORTH DAKOTA
STATE CONVICTS
R E V IS E D C O D E — 1905
S e c t io n 10113. Labor required.— In all cases when by law a person is sentenced
to imprisonment in the penitentiary, it shall be at hard labor, whether so designaetd by the jury or court or not.
S e c . 10367 (as amended, 1917, ch. 167). Discharge.— [Discharged convicts must
receive a decent suit of clothes, $5 in money, and transportation to the place
where sentenced.]
S e c . 10376. Twine plant.— The board of trustees of the State penitentiary is
hereby authorized and empowered to establish a hard-fiber twine and cordage
lant at the said penitentiary and to operate the same for the benefit of the
tate in the manner hereinafter prescribed.
S e c . 10381 (as amended, 1911, ch. 203). Sale of twine.— [The price of twine,
etc., is fixed each year by the board of trustees. Twine is to be sold for use or
for sale for use only in the State until M ay 1, after which a part of the product
may be sold for use outside the State, if necessary to protect the interest of the
State. Prices may also be modified if necessary. Rope may be sold outside
the State at any time.]
S e c . 10390 (as amended, 1915, ch. 190). Brick.— The State board of control is
hereby authorized and empowered to employ the labor of the prisoners of the
State penitentiary, or so much thereof as not otherwise employed, in the manu
facture of brick, which may be sold at a price fixed by said State board of control,
to make needed repairs, additions or improvements to the public buildings of the
State, or, in the event that there is a surplus of brick on hand over and above
the brick needed for the aforesaid purpose, the State board of control may
dispose of said brick to private parties.
S e c . 10394. Contracts prohibited.— N o person in any prison, penitentiary, or
other place of confinement of offenders in this State shall be required or allowed
to work while under sentence thereto at any trade, industry, or occupation
wherein or whereby his work, or the product or profit of his work, shall be farmed
out, contracted, and given or sold to any person, firm, association, or corporation;
but this section shall not be so construed as to prevent the product of the labor
of convicts from being disposed of to the State, or any political division thereof,
or to any public institution owned or managed by the State or any political divi
sion thereof for their own use: Provided, That nothing in this section shall pro
hibit the use of convict labor by the State in carrying on any farming operations
or in the manufacture of brick, twine or cordage, or prohibits the State from
disposing of the proceeds of such enterprises.
§
A C T S O F 1909
C hapter 228
S e c t io n 1. Continuous operation of twine plant.— The board of trustees of the
State penitentiary may operate the twine plant during the entire 24 hours of the
day, or so much thereof as they may deem wise, and they shall have authority
to require the inmates of the penitentiary to work 10 hours during the day, or so
much thereof as they may direct. The twine plant may be operated more than
10 hours per day: Provided, That the board of trustees of the State penitentiary
may pay all inmates who work more than 10 hours per day not to exceed 10
cents per hour for all work done in excess of 10 hours per day, said sum for said
excess work to be credited to his account.
232
CONVICT LABOR IN 1923
:
A C T S O F 1913
C h a p t e r 217
S e c t io n 1 (as amended, 1915, ch. 191). Employment— The State board of
control of the penal and charitable institutions and the warden of the State
penitentiary shall employ all prisoners sentenced to the State penitentiary in
all necessary work within and around the penitentiary in maintaining the insti
tution, or in carrying on the work of the industries established at the penitentiary,
or at other State institutions or on the public highways of the State. The State
board of control shall establish rules and regulations relating to care, treatment,
and management of all prisoners wherever they may be employed. Prisoners
shall be employed, in so far as practicable, on the work to which they are best
adapted, and will make it possible for them to improve and acquire greater skill
that they may earn a livelihood when paroled or discharged from the institution.
S e c . 2 (as amended, 1915, ch. 191). Other institutions; highways.— The State
board of control may employ such prisoners [as] it m ay deem advisable, who are
not needed in carrying on the work at the penitentiary, or the industries estab
lished at the penitentiary, upon work at other State institutions or upon the
construction and improvement of public highways, under the following condi
tions, as hereinafter set forth. Prisoners may be employed, under proper super
visors and guards, to improve the grounds and perform other labor at the various
institutions, controlled and maintained by the State, and when so employed
such institution shall pay all salaries and necessary expense o f maintenance,
including cost of transportation to and from the penitentiary, and furnish the
necessary tools and equipment required in carrying on said work. Prisoners may
be employed upon the public highways of any county when an agreement has
been entered into by the State board of control and the board of county com
missioners of such county and upon the same conditions as the employment of
prisoners at State institutions. * * * They shall be clothed in plain, incon
spicuous garb, and shall not be compelled to work more than 10 hours in any
one day.
S e c . 4 (as amended, 1915, ch. 191). Earnings.— [Prisoners employed as above
may receive not less than 10 nor more than 25 cents per day for work actually
performed. I f work in excess of 10 hours becomes necessary, additional compen
sation not in excess of 10 cents per hour, may be allowed.]
COUNTY CONVICTS
R E V I S E D C O D E — 1905
S e c t io n 10442. Employment.— Whenever any person shall be confined in any
jail pursuant to the sentence of any court, if such sentence or any part thereof
shall be that he be^ confined at hard labor, the sheriff of the county in which such
person shall be confined shall furnish such convict with suitable tools and mate
rials to work with, if, in the opinion of the said sheriff, the said convict can be
profitably employed either in thp jail or yard thereof, and the expense of said
tools and materials shall be defrayed by the county in which said convict shall be
confined, and said county shall be entitled to his earnings; and the said sheriff,
if in his opinion the said convict can be more profitably employed outside of said
jail or yard, either for the county or for any municipality in said county, it shall
be his duty so to employ said convict either in work on public streets or highways
or otherwise. * * *
OHIO
STATE CONVICTS
C O N S T IT U T IO N
A r t ic l e I I
[Amendment of 1912]
S e c t io n 41. Employment required; contracts forbidden; marking goods.— L aw s
shall be passed providing for the occupation and employment of prisoners sen
tenced to the several penal institutions and reformatories in the State; and no
parson in any such penal institution or reformatory while under sentence thereto,
shall be required or allowed to work at any trade, industry or occupation, wherein
or whereby his work, or the product or profit of his work, shall be sold, farmed
LAWS RELATING TO CONVICT LABOR
233
out, contracted or given away; and goods made by persons under sentence to
any penal institution or reformatory without the State of Ohio, and such goods
made within the State of Ohio, excepting those disposed of to the State or any
political subdivision thereof or to any public institution owned, managed or
controlled by the State or any political subdivision thereof, .shall not be sold
within this State unless the same are conspicuously marked “ prison made.”
Nothing herein contained shall be construed fo prevent the passage of laws
providing that convicts may work for, and that the products of their labor may
be disposed of to, the State or any political subdivision thereof, or for or to any
public institution owned or managed and controlled by the State or any political
subdivision thereof.
G E N E R A L C O D E — 1910
S e c t io n 1224-1 (added 1917, p. 134). Road materials.— Before a contract
is let or a force account is started for the construction, improvement, mainte
nance or repair of a main market or intercounty highway or any part thereof,
wherein standard paving brick or crushed stone are to be used, the State high
way commissioner shall make a written request upon the Ohio Board of A d
ministration to furnish prison-made brick or crushed stone for said proposed
improvement, and said board shall furnish prison-made, standard brick or
crushed stone, or so much thereof as it may be able, for such improvement.
* * *
[If the price quoted plus freight does not exceed costs from other sources of
supply, available prison-made products must be used.]
S e c . 2138 (as amended 1913, p. 864). Earnings.— [A n amount not in excess of
20 per cent of the earnings of prisoners in the State reformatory, as deemed
equitable and just by the board of administration, shall be placed to their indi
vidual credit.]
S e c . 2183 (as amended 1915, p. 65). Articles for State use.— Under the direc
tion of the State board of administration the warden may employ a portion of
the convicts in the manufacture of articles used by the State in carrying on the
penitentiary, procure machinery, and prepare shop room for that purpose. H e
may also employ a portion of the convicts in the preparation and manufacture
of any or all forms of road-making material for use in the construction, im
provement, maintenance, and repair or [of] the main market roads and high
ways within the State of Ohio. For such purposes the State board of adminis
tration is authorized with the approval of the governor to purchase the necessary
land, quarries, buildings, machinery, and to erect buildings and shops for said
purposes, and employ such persons as may be necessary to instruct the con
victs in such manufacture. The terms and manner of employment of such
persons shall be fixed and determined by the board.
S e c . 2183-1 (added 1913, p. 65). Earnings.— [Convicts in the State peni
tentiary are to be credited with an amount deemed just and equitable by the
board.]
S e c . 2184. Domestic service.— Convicts may be hired by the warden for do
mestic purposes on terms to be agreed upon by him and the board of man
agers, * * *
S e c . 2206. Unauthorized labor.— Work, labor, or service shall not be per
formed by a convict within the penitentiary unless it be expressly authorized
by the board of managers.
S e c . 2228. Contracts forbidden.— The board of managers of the Ohio Peni
tentiary, the board of managers of the Ohio State Reformatory, or other author
ity, shall make no contract by which the labor or time of a prisoner in the peni
tentiary or reformatory, or the product or profit of his work, shall be let, farmed
out, given or sold to any person, firm, association, or corporation. Convicts
in such institution may work for, and the products of their labor may be dis
posed of, to the State or a political division thereof, or for or to a public insti
tution owned or managed and under the control of the State or a political divi
sion thereof, for the purposes and according to the provisions of this chapter
[sections 2228-2244].
S e c . 2229. Hours of labor.— The board of managers of the penitentiary and
the board of managers of the reformatory, so far as practicable, shall cause all
prisoners serving sentences in such institutions, physically capable, to be em
ployed at hard labor for not to exceed nine hours of each day other than Sun
days and public holidays.
S e c . 2230. State use.— Such labor shall be for the purpose of the manufac
ture and production of supplies for such institutions, the State or political divi-
234
CONVICT LABOR IN 1923
dons thereof; for a public institution owned, managed, and controlled b y the
State or a political division thereof; for the preparation and manufacture of
building material for the construction or repair of a State institution, or in the
work of such construction or repair; for the purpose of industrial training and
instruction, or partly for one and partly for the other of such purposes; in the
manufacture and production qf crushed stone, brick, tile, and culvert pipe,
suitable for draining wagon roads of the State, or in the preparation of road build
ing and ballasting material.
S e c . 2230-1 (added 1911, p. 418). Production of electric current— Such labor
shall also be for the purpose of the production of electric current for such insti
tutions; * * *
S e c . 2231. Road material furnished at cost— Such tile, brick, and culvert pipe
and road building material and such products of convict or prison labor as are
used in the construction or repair of the public roads shall be furnished the
political divisions of this State at cost. * * *
S e c . 2233. Lease of limestone beds.— The board of managers of the peniten
tiary or the board of managers of the reformatory, m ay lease or purchase beds
of limestone, or other suitable road building material, after they are approved
b y the State highway commissioner as being suitable for the construction of
roads. * * *
S e c . 2234. Leasing plants.— Such boards may lease and operate plants for
the manufacture of brick or road-building material or supplies, needed for the
construction and maintenance of public roads, which shall be furnished at cost
to a township or county proportionately as demanded. N o contract for the
lease of such plant as provided shall be operative until approved by the governor
and the State highway commissioner.
Se c . 2235. XJse of road-building material.— Such beds of limestone or other
suitable road-building material or plants for the manufacture of road-building
material, supplies, or machinery, as herein provided, shall be operated by prison
or convict labor, and the products thereof shall not be disposed of except to a
township or county in this State for the construction, repair, or maintenance of
public roads outside of the limits of incorporated cities or villages. * * *
S e c . 2235-1 (added 1911, p. 106). Stone-crushing plant.— The board of man
agers of the Ohio Penitentiary shall erect upon the said land described in this
act [sec. 1, p. 106, acts of 1911] such building or buildings as are necessary for
the operation of a stone-crushing plant and quarry and shall equip the said
building or buildings for the purpose of manufacturing and the production of
crushed stone and in the preparation of road-building and ballasting materials
to be sold by the board of managers of the Ohio Penitentiary in the open mar
ket, and may also conduct the business of quarrying and selling dimension and
other stone.
*
*
*
*
*
*
*
S e c . 2243. Use directed.— N o articles or supplies manufactured under the pro
visions of this chapter [sections 2228-2244] by the labor of convicts of the peni
tentiary or reformatory shall be purchased from any other source for the State
or its institutions unless the board of managers of the penitentiary and the board
of managers of the reformatory shall first certify, on requisition made to them
that such articles can not be furnished. Such requisitions shall be honored as
far as possible.
S e c . 2244. Restriction as to employment.— The total number of prisoners and
inmates employed at one time in the penitentiaries, workhouses, and reforma
tories in this State in the manufacture of any one kind of goods which are manu
factured in this State outside of said penitentiaries, workhouses, and reforma
tories, shall not exceed 10 per cent of the number of all persons in this State
outside of such penitentiaries, workhouses, and reformatories employed in the
manufacturing of the same kind of goods, as shown by the last Federal census
or State enumeration, or by the annual or special report of the commissioner of
labor statistics of this State. This section does not apply to industries in which
not more than 50 free laborers are employed.
S e c s . 6213-6217. Marking goods 2.— [Goods made by convict labor in this
or any other State must be marked or labeled “ convict m ade” before being
exposed for sale within the State.]
S e c s . 7496-7499 (as amended 1905, p. 574). Road work.— [W hen the State
highway commissioner desires the use of State prisoners on the highways or in
the preparation of road material, he makes requisition for the desired number
*Seenote, p. 169.
LAWS RELATING TO CONVICT LABOR
2 35
on the warden or superintendent of the penitentiary or reformatory. County
commissioners may make similar requisitions, to be dealt with in the order of
their receipt, preference being given at all times to those of the State highway
commissioner.]
S e c . 7501 (as amended 1915, p. 574). Convicts not furnished, when.— N o State
penal institution or workhouse shall be required to furnish such prisoners
to be employed on the highways or in the manufacture and preparation of road
building materials, if the labor of such prisoners is required in the regularly
maintained operations of such institutions or workhouse.
S e c . 7502 (as amended 1915, p. 574). Who may be worked.— A ll persons
convicted of crime and sentenced to be confined in the State reformatory, peni
tentiary, jail, workhouse, or other penal institutions, shall be subject to labor
upon the highways and streets as hereinbefore provided.
COUNTY CONVICTS
G E N E R A L C O D E — 1910
S e c t io n 2227-1 (added 1913, p. 725). Contracts forbidden.— The labor or time
of any person confined in any workhouse or jail in this State shall not hereafter
be let, farmed out, given, sold, or contracted to any person, firm, corporation, or
association.
S e c . 2227-2 (added 1913, p. 725). State use.— Such persons so confined may be
employed in the manufacture of articles used by any department or public insti
tution belonging to or controlled by the political subdivision or subdivisions
supporting or contributing to the support of any such workhouse or jail or to any
political subdivision of the State.
Se c . 2227-3 (added 1913, p. 725). Equipment.— The board, officer or officers,
in charge of any such workhouse or jail may provide, prepare, and procure
machinery, power, and shoproom for the purpose of the manufacture of the
articles specified in section 2 [2227-2] of this act, * * *
S e c . 2227-4 (added 1913, p. 725). Restrictions.— N o other articles than those
specified in section 2 [2227-2] of this act shall be manufactured but nothing
herein shall prevent the employment of any person so confined, elsewhere than
within the jail or workhouse where he has been committed, by any political
subdivision, nor impair or affect any contract heretofore made.
Se c . 2227-5 (added 1913, p. 725). Earnings.— The board, officer or officers,
in charge of any such workhouse or jail shall place to the credit of each prisoner
such amount of his earnings as the board, officer or officers deem equitable and
just, taking into consideration the character of the prisoner, the nature of the
crime for which he was imprisoned and his general deportment. * * *
S e c . 2236. Road material.— The board of commissioners of a county may
purchase or lease beds of limestone, or other suitable road-building material,
after they are approved by the State highway commissioner as suitable for the
construction of roads, or such board may lease and operate a plant for the manu
facture of brick or other road-building materials or supplies needed for the con
struction or maintenance of public roads in such county and employ a superin
tendent to oversee and supervise the work. W hen such property is so purchased
or leased, the board shall make the arrangements necessary to work the convicts
of the county thereat.
S e c . 2237. Sentences may be to hard labor.— When a county, by action of its
board of commissioners, has secured property and completed arrangements for
the working of its convicts as herein provided, it shall be lawful for a court or
magistrate to sentence persons convicted of offenses, the punishment of which is,
in whole or in part, imprisonment in the county jail or workhouse, to be imprisoned
at hard labor within such county for the same terms or periods as may be pre
scribed by law for their confinement in such jail or workhouse. •
S e c s . 7500, 7513 (as amended 1915, p. 574). Road work.— [County commis
sioners m ay make requisition on the authorities in charge of any workhouse or
jail in the county, or under the control of any other county or city in the State,
for prisoners to be used on the highways of the county, or in the manufacture
of road material.]
MUNICIPAL CONVICTS
G E N E R A L C O D E — 1910
S e c t io n 7504 (as amended 1915, p. 574). Street work.— Any city, having a
workhouse located therein, shall have full power and authority to use the prisoners
236
CONVICT LABOR IN 1923
confined in said workhouse upon the streets of said city, or in the manufacture
of any material required in the repair of said streets.
S e c . 7505 (as amended 1915, p. 574). Same.— A ny magistrate of a city or
village, not haying a workhouse located therein, shall have full power and author
ity to sentence prisoners convicted therein to work upon the streets of said city
or village, or in the manufacture of any material required in the repair of said
streets.
OKLAHOM A
STATE CONVICTS
C O N S T IT U T IO N
A r t ic l e 23
S e c t io n 2. Contracts 'prohibited.— The contracting of convict labor is hereby
prohibited.
C O M P I L E D L A W S — 1910
S e c t io n s 8218, 8219. Marking goods.2— [Articles made by convicts, or in any
prison or penitentiary, State or Federal, before being offered for sale in this
State, must be conspicuously labeled “ convict-made goods.”]
A C T S O F 1913
C h a p t e r 215
S e c t io n 1. Coal lands.— The board of prison control8 is hereby authorized
and directed to purchase or condemn the mineral rights to certain coal lands
consisting of a tract not exceeding 40 acres situated within the county of Pitts
burg, * * *
Se c . 2. Opening.— The board of prison control is hereby authorized and
directed through the warden of the prison to open, develop, and operate upon
said lands a mine or mines, drive slopes, entries, air courses, and rooms necessary
for the development and operation of said mine or mines.
S e c . 4. State use.— After said mine or mines shall have been opened as pro
vided herein, it shall be the duty of the State board of public affairs on or before
January 1 of each year to make an estimate of the amount of coal necessary
to supply the various State institutions, and thereafter to contract with the
board of prison control for the amount of said estimate, or for the entire output
of the mine or mines opened and operated on the lands herein described; and
during the fiscal years of 1914 and 1915, the said institutions receiving coal
from the said mine or mines, as herein provided, shall pay the board of prison
control the amount per ton for all coal so received and used as per the contract
to be entered into between the said State board of public affairs and the said
board of prison control. A fter the first day of July, 1915, the said board of
prison control shall supply coal to the various State institutions as may be
provided by law, or as per contract to be entered into between the said State
board of public affairs and the said board of prison control.
A C T S O F 1915
C h a p t e r 57
Se c t io n 7. Employment.— The State board of public affairs shall have the
management and .control of the penal institutions of this State, located at M cAlester and Granite, and may prescribe rules and regulations for the conduct
and management thereof. Said board shall have the authority to install and
equip such business enterprises, occupations, factories, manufactories, farming,
and other business not prohibited by the constitution, as will employ the inmates
of said institutions, and may employ such persons as are necessary for the con
struction and operation of any building, factory, shop, business, or enterprise
connected with said institutions. * * *
S e c . 9A. Structural steel.— The State board of public affairs is hereby em
powered to install a plant for fabricating structural steel for bridges for the
*See note, p. 169.
1Board abolished and powers transferred to the board 6f public affairs. Acts 1915, ch. 57.
LAWS RELATING TO CONVICT LABOR
2 37
several counties in this State, and for the construction of public buildings of
the State, or any of its subdivisions, to purchase such steel as may be necessary
for such work, and to distribute same upon receipt of the cost of the steel f. o. b.
McAlester, plus the cost of manufacture.
Se c . 13. Discharge.— [Discharged convicts receive clothing not exceeding $10
in value, if not already supplied, not to exceed $10 for the purchase of a railroad
ticket, and $5 in money if the prisoner has not so much to his credit.]
S e c . 14. Earnings.— [The board may allow a reasonable compensation to
prisoners for work after the performance of their daily tasks, if they desire to
use such opportunity.]
S e c . 15. Same.— [W hen the penitentiary or reformatory becomes self-sustain
ing, the board is directed to provide compensation in part for the work and
services of the convicts.]
A C T S O F 1916— E X T R A O R D I N A R Y S E S S IO N
C h a p t e r 29
Se c t io n 1. Road work.— The State board of public affairs, upon application
of the board of county commissioners of the respective counties by and through
the commissioner of highways, is hereby authorized and directed to make all
necessary arrangements for working State convicts upon the public highways
of the State: Provided, That the State board of affairs, with the approval of
the commissioner of highways, shall have the authority to enter into agreements
with the board of county commissioners of any county for the purpose of furnish
ing State convicts for work upon the public highways of such county; * * *
C h a p t e r 40
Se c t io n 1. Twine.— The State board of public affairs, as ex officio State
board of prison control, is hereby authorized to establish a binder-twine plant
or factory at the State prison at McAlester.
Se c . 5. Operation.— The funds provided herein shall be expended under the
supervision of the governor and the State board of public affairs who may use
said funds in installing and equipping a plant for the manufacture of binder
twine, cordage, cotton or jute bagging and the sale of such products.
COUNTY CONVICTS
C O M P I L E D L A W S — 1910
Se c t io n 4596. Method of employment.— Wherever any person shall be confined
in any jail pursuant to the sentence of any court, if such sentence or any part
thereof shall be that he be confined at hard labor, the sheriff of the county in
which such person shall be confined shall furnish such convict with suitable
tools and materials to work with, if, in the opinion of the said sheriff, the said
convict can be profitably employed either in the jail or yard thereof, * * *
it shall be the duty of said sheriff, if in his opinion the said convict can be more
profitably employed outside of said jail or yard, either for the county or for any
municipality in said county, so to employ said convict, either in work on public
streets or highways or otherwise; * * *
A C T S O F 1913
C h a p t e r 112
Se c t io n 2. P u b lic roads.— The board of county commissioners of any couasty
in this State shall have authority to work any convicts confined in the county
jail, either as punishment for crime or in lieu of payment of fine and costs, upon
public highways in such county and to employ such guards and other assistants
as may be required; * * * It shall be the duty of the sheriff, upon the order of
the board of county commissioners, to deliver, to any person authorized to re
ceive them for work, upon public highways, any persons sentenced and confined
in the county jail either as punishment for crime or in lieu of payment of fine and
costs.
Se c . 3. Road material.— When, in the judgment of the county commissioners,
the expense of working the convicts upon the public highways is too great, on
177°— 25t------16
238
CONVICT LABOR IN 1923
account of the small number thereof, or for any other reason, then they shall*
have authority to provide all necessary apparatus for the working of such con
victs upon a rock pile, or rock crusher, for the purpose of providing material
for use upon the public highways of said county. Said authority shall be exer
cised in the same manner as is provided in section 2, for the working of convicts
upon the public highways, and the county commissioners shall have full authority
as to how and where said materials shall be used: Provided, They shall use
same for no other purpose than the betterment of the public highways in said
county: Provided further, That in any county where the working of convicts
upon a rock pile, or rock crusher, is found impractical for any reason, then the
county commissioners may provide for the working of said convicts upon any
public work in which the county has an interest.
Se c . 4. Allowances.— Every county, city, or town convict in this State,
whether required to work upon the public highways of such county, city, or
town, in accordance with the laws of this State, or merely confined in the county,
city, or town prison, shall receive credit upon his or her fine and costs of $1 for
each day so confined in prison, or worked upon the public highways, rock pile,
or rock crusher, or public work; * * *
MUNICIPAL CONVICTS
C O M P I L E D L A W S — 1910
Se c t io n 4608. Sentence may he to labor.— Any court, justice of the peace, police
court or police magistrate, in cases where such courts have jurisdiction under
the laws of this State/ or as provided by the ordinances or charter of any incor
porated town or city in the State, shall have full power and authority to sentence
such convict to hard labor as provided in this article.
A C T S O F 1917
C h a p t e r 234
Se c t io n 1. Work for county.— The board of county commissioners of the several
counties of the State shall have authority to receive by agreement with the
city council of any city or the board of trustees of any town the prisoners of
any such city or town who have been sentenced to imprisonment in any such
city or town jail, either as punishment or in lieu of payment of fine and costs
for the violation of any city or town ordinance, and such board of county com
missioners, shall have authority to work any such prisoners on the public high
ways, or upon, a rock pile, or rock crusher, for the purpose of providing material
for use upon the public highway or any public institution of such county, or
upon any public work in which the county is interested. * * *
OREGON
STATE CONVICTS
L A W S — 1920
Se c t io n 2824. Work on premises.— N o member of the board [of control] or other
State official, superintendent, warden, or any other official or employee of the
State shall receive the use or profit of the labor or services of any prisoner, or
be directly or indirectly interested in any contract or work upon which convicts
are employed, but nothing herein shall be construed to prohibit convicts from
acting as janitors or gardeners in or about the premises occupied by the warden
o f deputy warden or from driving any carriage or wagon used by the warden,
deputy warden, or other prison official in the discharge of official business.
Se c . 2826. Discharge.— [Discharged convicts are to be properly clothed and
receive $6 in money.]
Se c . 2909. Contracts forbidden.— It shall be unlawful for the State to enter
into any agreement or contract with any private person, firm, or corporation for
the employment of convicts of the State penitentiary.
Se c . 2910. County roads.— Upon the written request of the county court of
any county in the State of Oregon, or of any superintendent of any State insti-
LAWS RELATING TO CONVICT LABOR
239
tution, the governor may detail from the State penitentiary such convicts as in
his judgment may seem proper for use on the public highways, or on or about
any State institution. * * *
Se c s . 2911-2915. Marking goods.2— [Goods, wares, etc., made by convict
labor must, before being exposed for sale in the State, be conspicuously labeled
<»r marked “ Convict made.” ]
Se c . 4435. Road work.— * * * The [State highway] commission may au
thorize and provide for the construction of any highway or part of a highway
by convict labor, and if said commission so authorizes and provides for convict
labor, the governor shall, upon its request, detail from the State penitentiary
such convicts as in his judgment may seem proper for use in the work of construct
ing such highway or such part of a highway; * * *
A C T S O F 1921
C h a p t e r 224
Se c t io n 1. Employments.— The Governor of the State of Oregon is hereby
authorized and empowered to install and equip such plants as in his discretion
may be advisable in connection with the Oregon State Penitentiary for the
employment of convicts therein in such forms of industry and employment as he
may deem advisable, and he is hereby further authorized and empowered to
purchase, acquire, install, maintain, and operate such materials, machinery, and
appliances as he may deem necessary in the conduct and operation of such plants;
that the governor is further authorized to make all rules and regulations for
carrying out the provisions of this act as he may deem necessary or advisable in
the premises: Provided, That any such plant or plants or the labor of any convicts
employed therein shall never be leased or contracted to any private firm, person,
or corporation. The governor is hereby fully empowered to make such rules and
regulations as he may deem necessary covering the sale of any products of any
industry maintained and operated at the said penitentiary and to have exclusive
controrover the sale of such products.
A C T S O F 1923
C h a p t e r 232
Se c t io n 2. Equipment.— The revolving fund hereby created shall be avail
able for the purchase of any and all necessary machinery and equipment for
equipping and enlarging the" flax industry and the woodworking plant now at
said penitentiary, and for any other industry or industries that may be estab
lished in the discretion of the governor and the warden of the said penitentiary;
*
♦
*
COUNTY AND MUNICIPCAL CONVICTS
L A W S — 1920
Se c t io n 3542. Contracts forbidden.— It shall be unlawful for any county, city, or
incorporated town to enter into any agreement or contract with any private
person,, firm, or corporation for the employment of any convict.
S e c . 3543. County roads.— All convicts sentenced by any court or legal au
thority, whether in default of the payment of a fine, or committed for a definite
number of days to serve sentence in a county jail or prison, during the period of
such sentence, for the purposes of this act, shall be under the exclusive and
absolute control of the county court of the county in which the crime was com
mitted for which any such convict was sentenced. The said county court shall
have full power to place such convicts under the control of any road supervisor
or other person or persons appointed to take charge of such convicts, and to cause
such convicts to work upon the public roads of such county, or such other work of
a public nature as said court may direct. * * * The county courts are here
by authorized and directed to provide such rules and regulations in regard to the
employment of said convicts * * * as are not inconsistent with the provi
sions of this act. * * *
S e c . 3544. M unicipal convicts.— All convicts sentenced by any court or
legal authority in any city or incorporated town, * * * shall be subject to
the same rules and regulations as provided in section 3533 [3543] for county
prisoners.
*See note, p 169.
240
CONVICT LABOR IN 1923
PENNSYLVANIA
STATE AND COUNTY CONVICTS
S T A T U T E S — 1920
S ec tio n 12724. Road work.— The State highway department m ay employ
the prisoners or inmates of the penitentiaries, county prisons, and also of re
formatories or reform schools, maintained by the Commonwealth or receiving
appropriation for maintenance therefrom, in the construction, reconstruction, or
maintenance of the State highways or State-aid highways, under the conditions
herein provided.
S e c . 12726. Earnings .— [Prisoners so employed receive a wage allowance of
not less than 40 cents nor more than 60 cents per day.]
STATE CONVICTS
S T A T U T E S — 1920
S ec tio n s 12731-12734. Marking of goods.9— [Goods, wares, and articles of any
description made by convict labor must be plainly marked or branded “ Convict
m ade* before being offered for sale at wholesale or retail.]
A C T S O F 1923
N o . 274
S ec tio n 2012. Employments.— The department of welfare shall have the power
and its duty shall be:
(а) To establish, maintain, and carry on industries in the eastern penitentiary,
the western penitentiary, the Pennsylvania Industrial Reformatory at Hunting
don, and such other correctional institutions of this Commonwealth as it may
deem proper, in which industries all persons sentenced to the eastern or western
penitentiary, or the Pennsylvania Industrial Reformatory at Huntingdon, or to
such other correctional institution of the Commonwealth, who are physically
capable of such labor, may be employed at labor for not to exceed eight hours
each day other than Sunday, and public holidays. Such labor shall be for the
purpose of the manufacture and production of supplies for said institution or for
the Commonwealth, or for any county, city[,] borough or township thereof, or
any State institution, or any educational or charitable institution receiving aid
from the Commonwealth, or for the preparation and manufacture of building
material for the construction or repair of any State institution or in the work of
such construction or repair, or for the planting of seed trees or the performance
of other work in State forests, or for the purpose of industrial training or in
struction, or partly for one and partly for the other of such purposes, or in the
manufacture and production of crushed stone, brick, tile, and culvert pipe or
other material suitable for draining roads of the State, or in preparation of road
building and ballasting material;
(б) To determine the amount, kind, and character of the machinery to be
erected in each of the said penitentiaries, reformatory, or other correctional
institutions of the Commonwealth, and the industries to be carried on therein,
having due regard to the location and convenience thereof with respect to other
institutions to be supplied, to the machinery therein, and the number and
character of inmates;
(c) To arrange for and make sale of the products produced in the said in
dustries carried on in the said penitentiaries, reformatory, or other correctional
institutions to the Commonwealth, or to any county, city, borough, or township
thereof, or to any State institution, or to any educational or charitable institu
tion receiving aid from the Commonwealth; * * *
[Subsections ( e) and ( J ) provide for accrediting convicts with not less than
10 cents for each day worked.]
(g)
To have and exercise supervision over the labor* employed in the afore
said industries, and to make rules and regulations for carrying on such indus
tries; * * *
• See note, p. 189. Sections 12731-12734 are probably obsolete; see section 2012 below.
LAW S
RELATING TO CONVICT LABOR
2 41
COUNTY CONVICTS
S T A T U T E S — 1920
Se c t io n 7535. Workhouses, etc.— Every person committed to an Industrial
farm, workhouse, and reformatory, under the provisions of this act, unless
disqualified by sickness or otherwise, shall be kept at some useful employment
such as may be suited to his or her age and capacity, and such as may be most
profitable to the institution and tend to promote the best interest of the inmate.
S ec . 7540. Discharge.— [Discharged prisoners receive transportation to the
place of sentence, or a place not more distant.]
S ec . 7541.— Employments.— It shall be the purpose of the county industrial
farm, workhouse, and reformatory to employ the prisoners committed or trans
ferred thereto in work on or about the buildings and farm, and in growing produce,
raising stock, etc., for supplies for its own use, or for the use of the several couuty
institutions in said district or for any political division thereof, or for any public
or charitable institution owned or managed and directed by said counties con
stituting said district, or any political division thereof. Such prisoners may also
be employed in the preparation of road material, and in making brick, tile, and
concrete, or other road-building material, and in the manufacture of other
products and materials, as may be found practicable for the use of the several
counties constituting said district and for the proper and healthful employment
of such prisoners.
S ec . 7542. Sale of products.— All road material, brick, tile, and concrete
prepared or made at any industrial farm, workhouse, and reformatory not
needed for the purposes of such institution shall be offered for sale at a price
to be fixed by the board of trustees. In offering such material for sale preference
shall be given to the counties forming the district of such institution, and to the
cities, boroughs, and townships therein.
S ec . 8224. Ja ils . — All persons sentenced to simple imprisonment for any
period of time in the county jails may be required to perform such labor, in
the custody of the sheriff, about the county buildings and upon the grounds
and property of the county as the commissioners of the county in which the
prisoners are confined may specify, * * *
S ec . 12703. Road work.— For the better employment of the prisoners and
improvement of highways of this Commonwealth, from and after the passage of
this act, it shall and may be lawful to require every able-bodied male prisoner,
now or hereafter confined under sentence within any jail or workhouse now or
hereafter to be established in this Commonwealth, to do and perform eight hours
of manual labor each day of such imprisonment, except on Sunday or legal holi
days: Provided, That this act shall not include any prisoner awaiting trial, or
over 10 per centum of the prisoners confined in any workhouse, unless authorized
by the managers or officers in control thereof.
S ec . 12712. Farms.— It shall be lawful for the authorities having control
or supervision of any county jail or county prison within this Commonwealth
and they are hereby empowered, to permit the employment of such inmates
serving sentences therein, as they shall deem advisable, at agricultural labor on
any county or almshouse farm of the county or poor district in which such jail or
prison is located, * * *
S ec . 12722. Skilled employments.— Convicts employed under this act [of
1915 relating to work on highways; see sec. 12724, above] shall not be used
for the purpose of building any bridge or other structure of like character, or
to do any work in connection therewith, which requires the employment of
skilled labor.
S ec . 12730. Streets.— In a county the limits of which coincide with the limit
of a city of the first class, the director of public works is hereby given the same
authority to employ prisoners or inmates of the county prison upon the streets or
highways within said county as is hereby given to the State highway com
missioner. * * *
ACTS OF 1923
No. 172
S ectio n 1.— Employments.— All persons sentenced to the several county
jails and prisons, who are physically capable, may be employed at labor for
not to exceed eight hours each day, other than Sundays and public holidays.
Such employment may be in such character of work and the production of such
242
CONVICT LABOR IN 1923
goods as may now be manufactured and produced in such jails and prisons, and
may also be for the purpose of the manufacture and production of supplies for said
prisons and jails, or for the preparation and manufacture of building material for
the construction or repair of said prisons and jails, or in the manufacture and
production of crushed stone, brick, tile, and culvert pipe, or other material
suitable for draining roads, or in the preparation of road building and ballasting
material.
S ec . 2. Equipment.— The county commissioners, or board of inspectors, or
other person or persons in charge of any such jail or prison, shall determine
the amount, kind, and character of the machinery to be erected in such jail or
prison, the industries to be carried on therein, and shall arrange for the pur
chase and installation of such machinery at the expense of the county. They
shall also provide for the sale of articles and material produced. The county
commissioners shall make available the necessary funds to carry out the pro
visions of this act.
S ec . 3. Earnings.— [The authorities of the jail or prison may fix the wages of
the prisoners employed.]
R H O D E IS L A N D
STATE CONVICTS
G E N E R A L L A W S — 1923
C h a p t e r 413-A r t ic l e
I
Section 3. Control.— The [penal and charitable] commission, except as other
wise provided by law, shall have full oversight, management, control, and super
vision of the State prison and reformatory for men, the jail in the county of
Providence, the State workhouse and house of correction, the State reformatory
for women, * * * and shall, except as otherwise provided by law, have full
authority and power to provide for the control, discipline, care, education, and
employment of the inmates of such institutions, and to make such contracts
respecting the labor of such inmates as it may seem proper, and to sell or other
wise dispose of the products of the labor of such inmates and of the farms con
nected with said institutions. * * *
S e c . 18. * * * The commission may set apart for cultivation and other
farming purposes any of the land under its control, * * * Provided, That
careful account shall be kept of the product of such farming and each institu
tion shall be credited, as near as may be, with the value of the farm product
resulting from the labor of its inmates, * * *
A rticle V
S e c t io n 29. Discharge.— [Discharged convicts must be decently clothed, and
may, in the discretion of the commission, receive not exceeding one-tenth of their
actual earnings while confined.]
Sec. 32. Road work.— The penal and charitable commission may, upon
the written request of a majority of the members of the State board of [roads],
detail such convicts as in their judgment shall seem proper, not exceeding the
number specified in said written request, to work upon such of the State roads
as shall be designated in said written request, and said State board of public
roads is hereby authorized to use and employ all such prisoners as they may
deem practical, in and upon the construction, maintenance, improvement, or
repair of the State roads: Provided, however, That nothing herein contained shall
authorize the letting out by contract or otherwise of the services of any such
convicts to any person or firm or corporation except as aforesaid for work upon
the State roads.
Sec . 34. Earnings.— [The whole or any part of the earnings of convicts em
ployed on the State roads, after the costs of transportation, guarding, supervi
sion and maintenance have been deducted, may be paid to such convicts or
their dependents.]
COUNTY CONVICTS
G E N E R A L L A W S — 1923
C hatter 411
Section 14. Labor required.— A ll persons imprisoned in the jail in the county
of Providence on account of their conviction of any criminal offense, or on exe
LA W S RELA TIN G TO CON VICT LABOR
243
cution issued in any qui tam or penal action, or for not giving the recognizance
required of them to keep the peace upon complaint for threats, shall be let or
kept at labor therein or on the prison lot or in some building thereon, for the
benefit of the State, * * *
SOUTH
C A R O L IN A
STATE AND COUNTY CONVICTS
C O N S T IT U T IO N
A rticle X I I
Section 6. Public works and ways.— All convicts sentenced to hard labor by
anv of the courts in this State may be employed upon the public works of the
State or of the counties and upon the public highways.
C R I M I N A L C O D E — 1912
Section 104 (as amended 1914, No. 291). Same subject.— In every case in which
imprisonment is provided as the punishment, in whole or in part, for any crime,
all able-bodied male convicts shall hereafter be sentenced to hard labor on the
public works of the county in which convicted, if such county maintains a chain
gang, without regard to the length of sentence, and in the alternative to imprison
ment in the county jail or State penitentiary at hard labor: Provided, That in any
case the presiding judge shall have the power, by special order, to direct that
any person convicted before him be confined in the State penitentiary if it is
considered unsafe or unwise for such convict to be committed to county chain
gang: Provided, That the provisions of this act shall not apply to the county of
Clarendon: Provided, That a separation of the sexes and races be at all times
observed, except in the penitentiary and on the State farm in Kershaw County:
Provided, further, Should the supervisor or commissioner of any county find that
it is inconvenient or impracticable to work any convict committed to the county
chain gang, he may turn said convict over to the penitentiary authorities.
Sec . 943. Same subject.— All the courts of this State and municipal authorities
which, under existing laws, have power to sentence convicts to confinement in
prison with hard labor, shall sentence all able-bodied male convicts to hard labor
upon the public works of the county in which said person shall have been con
victed, and in the alternative to imprisonment in the county jail or State peni
tentiary at hard labor: Provided, That municipal authorities may sentence
municipal convicts to work upon the streets and other public works of the muni
cipality in which they have been convicted, and such convicts when so sentenced
shall work under the exclusive direction and control of the municipal authority
imposing sentence: * * *
STATE CONVICTS
C R I M I N A L C O D E — 1912
Section 94S. Board of directors.— The general assembly shall elect five suitable
citizens of this State, who shall constitute a board of directors of the State peni
tentiary, with a term of office of two years, of which the governor of the State
shall be ex officio a member. * * *
The board of directors shall have power and their duty shall be:
♦
*
*
*
*
2. To examine and inquire into all matters connected with the government,
discipline and police of the prison, the punishment and employment of the con
victs therein confined, the mone}' concerns and contracts for work, and the pur
chases and sales of articles provided for the prison, or sold on account thereof,
and the progress of the work.
Sec . 966. Leasing or hiring.— The board of directors of the penitentiary are
hereby authorized and empowered to lease or hire out any convicts in the peniten
tiary, except convicts under sentence for rape, murder, arson, and manslaughter
when the sentence is over five years, under the following rules, regulations, and
restrictions with all others imposed by the said board: That the said board of
directors shall make an annual report to the general assembly at the regular
sessions, showing the number and names of convicts hired out, to whom hired, for
what purpose, and for what consideration; and the board of directors are author
244
CONVICT LABOR IN 1923
ized to retain for the use of the penitentiary all amounts received by them for the
hire or labor of convicts during the current fiscal year.
Sec. 968. H iring to counties.— The superintendent and directors of the State
penitentiary are hereby authorized and required to hire out to such of the several
counties of this State, as may desire them, all able-bodied male convicts to hard
labor in said institution to work on the public highways or the sanitary drainage
in said counties as can be spared from the State farms, and departments connected
with the State penitentiary, and the convicts sentenced to hard labor in the
State penitentiary shall not be hired out for farming purposes, and when hired out
to the counties as aforesaid the compensation for their services shall be at the
rate of $4 per month, with board, lodging, clothing, and medical attendance:
Provided, That nothing herein contained shall apply to contracts now in force.
Sec . 970. Preferences.— * * * The said board of directors are hereby
further instructed, in the hiring out of convicts, to give preference to the super
visor of any county, and of any person, firm or corporation whose purpose is to
use said convicts in the working of the public roads in any county in this State,
or in the clearing out of streams of any county of this State. * * *
Sec. 971. Hours, etc., of labor.— All convicts * * * shall not be required
to labor more than 10 hours a day, or on Sundays or holidays.
Sec. 972. Leases.— It shall be the duty of the board of directors of the State
penitentiary in leasing convicts to hire them to the highest responsible bidder:
Provided, That the board of directors shall have power to reject any and all
bids. * * *
Sec. 981. Contracts for specific work.— The superintendent and board of
directors of the penitentiary are authorized to make contracts for the performance
o f specific work, such work to be done entirely under the control and direction of
the officers of the penitentiary. Also to hire out the convicts under the provisions
of the laws. * * *
Sec. 982. Prison farms.— The superintendent and board of directors of the
penitentiary are authorized, in their discretion, to purchase or lease, out of the
surplus earnings of the penitentiary, one or more farms in any part of the State,
due regard being had to the reasonable healthfulness of the locality.
S e c . 985. Phosphate mining.— N o contracts for the hiring or leasing of
convicts in phosphate mining shall hereafter be made by the board of directors
of the penitentiary.
A C T S O F 1914
N o. 366
Section 1. Road work.— From and after the passage of this act the county super
visor from each county in the State may be allowed to use any of the c o n v ic ts he
m ay select, sentenced from his county to the State penitentiary, w it h o u t c h a rg e ,
for the purpose of working the roads of his county, and for such other purposes as
he m ay deem proper.
A C T S O F 1924
N o. 552
Section 1. Federal prisoners.— [Federal prisoners serving sentences in county
jails may be employed on public works of the county under the same rules that
govern the use of State convicts, but not unless authorized by Federal law.]
COUNTY AND MUNICIPAL CONVICTS
C I V I L C O D E — 1912
Section 956. Sentence to hard labor.— A ll the courts of this State and munic
ipal authorities which under existing laws have power to sentence convicts to
confinement in prison with hard labor, shall sentence all able-bodied male convicts
to hard labor upon the public works of the county in which said persons shall
have been convicted, and in the alternative to imprisonment in the county jail or
State penitentiary at hard labor: Provided, That municipal authorities may
sentence municipal convicts to work upon the streets and other public works of
the municipality in which they have been convicted, and such convicts when so
sentenced shall work under the exclusive direction and control of the municipal
authority imposing sentence: Provided, That no convict whose sentence shall be
for a longer period than five years shall be so sentenced.
Sec. 957, Work on highways.— All convicts upon whom may be imposed
sentence of labor on the highways, streets, and other public works of a county shall
be under the exclusive supervision and control of the county supervisor and by
LAW S R E LA TIN G TO CONVICT LABOR
245
him formed into a county chain gang and required to labor on the highways, roads,
bridges, ferries, and other public works or buildings of the county; and he shall
direct the time, place, and manner of labor to be performed by said chain gang:
Provided, That said chain gang shall not be worked in connection with or near any
road contractor or overseer. And all convicts upon whom may be imposed
sentence of labor on the highways, streets, or other public works of a city or town
shall be under the exclusive supervision and control of the municipal authorities
of such city or town, or such officer or officers as such municipal authorities may
appoint, and by them or him formed into a city or town chain gang, and required
to labor on the streets, lanes, alleys, drains, and other municipal public works and
buildings of such city or town (including public parks owned and controlled by
such city or town, whether within or without the corporate limits of such city or
town) , but on no other highways, streets, or other public works in or of the county
in which such a city or town may be situated: Provided, That if any convicts
upon whom may be imposed sentence of labor on the highways, streets, and
other public works of a county are not formed into a county chain gang, or are
not required to labor on the highways, streets, and other public works of a county,
they may be required to labor on the highways, streets, and other public works
of any city or town in such county having a city or town chain gang, upon such
terms as may be agreed upon by and between the county board of commissioners
of such county and the municipal authorities of such city or town.
Sec . 960. Hiring convicts to other counties.— Whenever in the judgment of
the board of county commissioners of any county of this State there shall not
be a sufficient number of convicts sentenced to work on the public works of such
county to warrant the expense of maintaining a county chain gang, the super
visor of such county shall be authorized to contract with the supervisor of any
other county in the State for the placing of said convicts into the custody of
and upon the chain gang of said other county, for such a period and upon such
terms and conditions as may be mutually agreed upon by said supervisors so
contracting: Provided, That said contract shall require payment of a reasonable
price therein to be stipulated, for the work of said convicts, or shall provide for
an equal exchange of convict labor between the counties so contracting.
Sec. 961. Powers of supervisors.— The supervisor of any county of this State
is hereby authorized to contract with the supervisor of any other county of this
State, desiring to hire out convicts or to exchange convict labor as herein pro
vided, upon such terms as may be mutually agreed upon; and to this end said
supervisors are hereby vested with all the necessary powers as if said convicts
were convicted and sentenced in their own counties respectively: Provided, That
all contracts entered into by any supervisor hereunder for the hire or exchange of
convicts hereunder be approved by a majority of the board of county commis
sioners of his county.
Sec. 964. Use of chain gang.— The county board of commissioners shall have
power and authority, in their discretion, to utilize the county chain gang in
whole or in part in any kind of work calculated to promote or conserve public
health in the county or in any community thereof in which the sentences of the
convicts on such gang were pronounced.
Sec. 972. Houses of correction for females.— The county board of commissioners
of the several counties in this State may provide and maintain, in connection
with the poor farm, a suitable house of correction to which female convicts may
be sentenced, except convicts for capital offenses, wherein such convicts shall
be employed in useful occupations.
Sec . 2276. Duties of commission.— The duties and powers of every such
commission, in each county respectively, shall be as follows:
*
*
*
*
*
*
*
6.
To utilize the county chain gang, in whole or in part, in any kind of work
for drainage purposes, when not needed for road purposes, and to hire convicts
from other counties and from the State for any such work.
Se c . 3057. Quarries.— A ll incorporated towns and cities are hereby authorized
and empowered, in addition to the powers now conferred upon them by law,
to own and operate rock quarries, for the purpose of improving roads, highways,
and streets within their respective jurisdictions, and to work convicts in operating
said rock quarries. * * *
C R I M I N A L C O D E — 1912
Section 944. Convicts from municipal courts.— Whenever any town or munic
ipal authority in this State have not a sufficient number of convicts sentenced
246
CONVICT LABOR IN 1923
to work on the public works of the town to warrant the expense of maintaining
a town chain gang, the town authorities of said town shall be authorized to place
said convicts on the county chain gang for the time so sentenced, and the county
authorities of the county in which said town is situated shall be authorized and
empowered to exchange labor with said town authorities and place county con
victs on the public works of the town for the same number of days the town con
victs work on the public works of the county.
SOUTH DAKOTA
STATE CONVICTS
R E V IS E D C O D E — 1919
S e c t io n s 5378-5383. Binding twine.— [Provision is made for the continuance
of the hard-fiber twine and cordage plant at the State penitentiary. A price is
to be fixed for the sale of the twine and cordage, not later than M arch 1, each
year, the price to hold for the season unless changed on showing that it will
prevent sales or does not provide a fair return. U p to M ay 1, sales are to be only
to farmers or actual consumers resident in the State; after that date, sales may
be made for resale at a fixed margin of profit. After June 15, stock on hand
may be sold unconditionally.]
S e c . 5417. Earnings.— [An allowance of earnings may be made to convicts
in such an amount as the board of charities and corrections and the warden
may deem best, taking all circumstances into account.]
Se c . 5452. Discharge.— [Discharged convicts receive a suitable suit of clothes,
$5 in money, and transportation to the place of sentence.]
S e c . 5454 (as amended 1920, second extra session, ch. 90). Outside employ
ment.— If the warden shall at any time deem it for the interest of the State, he
may employ the convicts outside the penitentiary yard in quarrying or getting
stone from and cultivating the penitentiary farm, or in doing any work necessary
to be done in the prosecution of the regular business of the institution; * * *
Provided further, That, upon the written recommendation of the board of charities
and corrections, indorsed by the warden, the governor may make an order in
writing authorizing the employment, upon any work in which the State of South
Dakota is engaged, or has an interest, at any place within the State, of one or
more designated convicts whose record and conduct, in the opinion of the warden
and of the board, has been such as to warrant the belief that they can with
safety be thus employed. * * *
A C T S O F 1919
C h a p t e r 333
Se c t io n 58 (as amended 1920, second extra session, ch. 89). Road work.— The
[State] highway commission may arrange to have the work [on the trunk high
way system] done by day labor, or by convict labor, * * *
COUNTY AND MUNICIPAL CONVICTS
R E V IS E D C O D E — 1919
Se c t io n 10221. Employment.— Every able-bodied male prisoner over 18 and
not more than 50 years of age, confined in any jail under the judgment of any
court of record, justice’s court, or other tribunal authorized to imprison
upon conviction for the violation of any law of this State, an ordinance or
by-law of any city, town, or civil township, or any rule or regulation of any
board, commission, or public officer having the effect of law, may be required to
labor during the whole or some part of each day of his sentence, but not more
than eight hours in any one day. Such court or tribunal, when passing jud g
ment of imprisonment, shall determine and specify whether such confinement
shall be at hard labor or not. Such labor may be in the jail or jail yard, upon
public roads or streets, public buildings, public grounds, or elsewhere in the
county; and all persons confined therein may be allowed, upon request, to perform
such labor. Each prisoner performing labor may be paid a reasonable com
pensation by the county, city, town, or civil township benefited thereby.
LAWS r e l a t i n g to c o n v ic t l a b o r
247
TE N NE SSEE
STATE CONVICTS
T H O M P S O N 'S S H A N N O N 'S C O D E — 1918
Se c t io n 2577a-60. H iring , etc.— The board [of control]10 shall not have
authority under this act to contract the labor of convicts to manufacturers within
the prison walls or to dispose of the labor of such convicts upon the public high
ways of the State without authority specifically conferred by the legislature in
a separate bill or bills.
S e c . 7512. Hours of labor.— The work of convicts shall be at an average of 10
hours per day, Sundays excepted, through the entire year, and the number of
hours to be worked in the different seasons of the year shall be regulated by the
superintendent, warden, and board of prison commissioners.
S ec . 7516a-l. Employments.— The power and authority is hereby conferred
upon and it shall be the duty of the Tennessee Board of Control to make all
rules, regulations and contracts for the employment of inmates of the Tennessee
State Penitentiary and the Brushy Mountain Penitentiary; and to make and
enter into all contracts of agreements for the employment of such inmates on
the county roads, pikes, and highways of the State and railroads to be built;
and to prescribe rules and regulations governing the working of said labor:
Provided, N o employment shall be required of any of said inmates that is not
safe, healthful, suitable to the physical conditions and attainments of such
inmate or inmates.
S ec . 7516a-2. Farm.— The Tennessee Board of Control shall operate the State
farm and all appurtenances to its full capacity in the cultivation and production
of crops of the character and kind best suited to be grown and produced on such
land, and for this purpose inmates of the penitentiaries shall be employed under
such rules, regulations and conditions as may be prescribed by said board. Said
board shall have authority and power to construct with the labor of inmates of
the penitentiary any and all roads that may be found necessary and of value to
the State's properties, and to construct and build, if in their opinion it is neces
sary, separate hospitals and necessary appurtenances for contagious diseases on
the State’s property and pay for same out of the funds belonging to said insti
tution.
S ec . 7516a-3. Census.— [A count is to be made of convicts available for work
on the county roads.]
S e c . 7516a-4. Road work.— When such census is completed, the county judge
or the chairman of the county court of each county in the State shall be notified
by said board that said inmates of the penitentiaries are available and subject
to be employed upon the county roads, pikes, and highways of the counties of
the State, who may apply for their services, upon such terms and conditions as
may be required by said board. * * *
S ec . 7516a-5. Terms.— N o t less than 50 prisoners may be furnished to any
one county in the State. Such employment and operation in road work may be
during the summer season beginning April 1 and ending December 1, and said
inmates of the penitentiaries shall not be hire . or worked in any county on road
work during any other period of the year. * * *
S ec . 7516a~10. Construction, mining, etc.— Said board may during the summer
season provide employment for part of the prisoners at the Brushy Mountain
Penitentiary in repairing or building any buildings that may be deemed necessary
on said property; that in the event of the employment of a sufficient number of
inmates of the Brushy Mountain Penitentiary on the county roads, pikes, high
ways or railroads, the mining force at the Brushy Mountain Penitentiary shall
be reduced to not exceeding 300 men mining coal, burning coke, and operating
said mines during the road working season.
S e c . 7 5 16 a-ll. Railroad grading.— The board of control may contract with
any railroad company to do the grading of any railroad extension into the coal
lands of the State. * * *
S ec . 7521. Labor required.— All persons sentenced to the penitentiary shall be
kept at labor when in sufficient health. * * *
S e c . 7523. Employment.— The particular employment of each prisoner shall
be such as the warden may consider best adapted to such prisoner's age, sex, and
state of health, having due regard to that employment which is most profitable.
S ec . 7547. Discharge.— [Discharged convicts, unless supplied, receive a decent
suit of clothing, and not to exceed $10 in money. A later act (sec. 7547a) says
» See Acts of 1919, ch. 39.
248
CONVICT LABOB IN 1923
one to five dollars, making no mention of clothing. Query b y State compilers
Does this supersede or supplement the earlier act?]
Sec. 7551. Work within walls.— The convicts shall be worked within the walls
of the prison, except when otherwise directed by the general assembly.
A C T S O F 1919
C h a p t e r 39
[This chapter abolishes the State board of control, and creates a “ board for
the administration of State institutions” in its place.]
C h a p t e r 40
Se c t io n 1. Employments.— The Tennessee Board of Control, or its successor,
with the approval of the governor, is hereby authorized and directed to employ and
work at manufacturing articles of merchandise, in shops to be wholly controlled
by said officials, such of the convicts as in the judgment of said Tennessee Board
of Control, or its successor, with the approval of the governor, it will not be safe,
humane, practicable or desirable to work outside the prison walls, that is, such
prisoners as can not with profit to the State, safety to the prisoners and the
public be maintained and employed outside the prison walls, it being the purpose
and intention of this act to reduce to a practical minimum the number of prisoners
engaged in the manufacturing business in competition with free labor and manu
facturers engaged in like business. Said Tennessee Board of Control, or its
successor, with the approval of the governor, is hereby authorized and directed
to make contracts for the sale or manufacture of any articles which m ay be manu
factured in said State shops. Such contracts for the sale or manufacture of such
manufactured articles shall be made at such prices, and covering such periods
of time, as in the opinion of said Tennessee Board of Control, or its successor,
with the approval of the governor, will best subserve and protect the interests of
the State and the welfare of the prisoners, subject to the following rules and
provisions, to wit:
*
*
*
*
*
*
*
(2) Such prisoners shall be worked in such manufacturing lines as, in the
opinion of said Tennessee Board of Control, or its successor, with the approval
of the governor, will be best for the financial interests of the State, considering
the health and well-being of the prisoners and their welfare and ability to earn a
livelihood after their periods of confinement shall have terminated.
(3) In order that, any competition between the labor of such convicts to be
worked directly by and for the benefit of the State and free Jabor shall be reduced
to its absolute and practical minimum, all reasonable efforts shall be made to
dispose of the articles manufactured by such prisoners at such prices as will best
protect the financial interests of the State, and at the same time indicate and
mean that the earnings of such prisoners have been as near as may be obtainable,
in the lines in which they work, to the prices paid to free labor engaged in tha
same lines of manufacture.
*
*
*
*
*
*
*
(5)
[One-third of the proceeds of sales of manufactured articles after the State
has been reimbursed for the care and maintenance of the prisoners is allowed them
or their dependents.]
Se c . 2. Work under board.— In the event the authorities herein authorized and
empowered to make contracts for the sale or manufacture of the articles to be
manufactured in accordance with the plan hereinbefore provided for are not
able, after reasonable effort, to make and enter into satisfactory contracts of this
character, said authorities are then empowered and authorized to use and employ
said convicts in the manufacture of some article or articles, for and on behalf of
the State itself, under the same general conditions, restrictions, and rules as
hereinbefore provided, and said authorities are also empowered and authorized
to purchase or rent all machinery and equipment necessary to install the plants,
and to purchase necessary material for carrying on such manufacturing business.
The said authorities are also authorized and empowered to sell the manufactured
articles in the general trade or market, or to sell the whole output or production,
to any one or moie dealers: Provided, That the authorities selling said manufac
tured articles will be governed and controlled by proper consideration and reason
able protection of free labor and manufacturers engaged in the production and
sale of similar and like manufactured articles.
LAWS RELATING TO CONVICT LABOR
C
hapter
249
53
Timber lands.— [This chapter authorizes and directs the making of a contract
to manufacture into timber products or otherwise dispose of the standing timber
on the Brushy Mountain lands owned by the State. Convicts may be used in
the unskilled work connected with such contract, and convict labor up to $15,000
in value may be contributed for the grading and building of a line of railroad to
serve in the undertaking.]
C
hapter
60
Same.— [This act authorizes the employment of convicts in the develop
ment of the State’s property known as the “ Herbert Domain,” including the
cutting of timber, prospecting for or mining coal, or agricultural work.]
C
h apter
64
S e c t i o n 1. Road work.— The Tennessee Board of Control, or its successor,
with the approval of the governor, be and is hereby authorized to contract with
the State highway commission for the use of any or all convicts, except those
which it is undesirable or impracticable, in the opinion of said officials, to work
outside the walls of the main prison, in constructing any new or maintaining any
old public road in this State: Provided, That all such contracts shall be made upon
the same basis of pay for the labor of such convicts as is being paid free labor at
the time for such similar work in the locality where such road work is to be done,
after making due allowance, if any, for the difference between convict and free
labor.
S e c . 4 . Earnings.— [The same provision is made as to earnings as is found in
subsection 5, section 1, chapter 40, above.]
C
h apter
102
Capitol grounds.— [This act provides for the employment of not more than 1G
“ trusties,” who are under indeterminate sentences, to keep in order the capito1
building and grounds.]
A C T S O F 1923
C
hapter
94
S e c t i o n 1 . Automobile number plates.— The department of institutions is hereby
authorized and empowered to manufacture automobile number plates, and kin
dred articles, at the Tennessee Penitentiary, at Nashville, so as to supply the
requirements of the State as hereinafter provided, and to sell to other cities,
counties, and States, if deemed advisable by the authorities in charge.
COUNTY CONVICTS
T H O M P S O N ’S S H A N N O N ’S C O D E — 1918
S e c t i o n 1682a-8. Road work.— A ll county prisoners subject to labor shall be
employed hereafter, as far as practicable, upon the public highways. In counties
having separate workhouses, or where the jails have been declared workhouses,
the workhouse commissioners may let the convicts to contractors for road labor;
in all other counties the judge or chairman of the county court may let them to
contractors, who will employ them upon the highways. In either case the
county authorities shall name the guards, and the prisoners shall be treated at all
times with humanity. Eight hours shall be a day’s work upon the highways,
whether performed by convicts or free road hands. Nothing in this act snail
affect the present law in regard to working county prisoners in counties having a
population of 35,000 or over, by the last Federal census, or any subsequent
Federal census.
S e c . 7390. Workhouses.— The county court of any county, and the authorities
of any corporate town, may provide such lands, buildings, and articles of any
kind as may be necessary for a workhouse or house of correction for such county
or town; * * *
250
CONVICT LABOR IN 1923
S e c . 7405. Employments.— They [board of workhouse commissioners] shall
prescribe the kind of labor at which the prisoners shall be put: Provided, That,
when practicable, they shall be worked on the county roads in preference to all
other kinds of labor.
S e c . 7428. Contracts with other counties.— Any county in the State not desiring
to work its workhouse prisoners, may, through its judge or chairman, by direction
of the quarterly county court, contract with any other county for the custody
and employment of said prisoners. * * *
TEXAS
STATE AND COUNTY CONVICTS
C O N S T IT U T IO N
A r t ic l e X V I
Se c t io n 24. Highways and bridges.— The legislature shall make provision for
laying out and working public roads, for the building of bridges, and for utilizing
fines, forfeitures, and convict labor to all these purposes.
STATE CONVICTS
R E V IS E D C I V I L S T A T U T E S — 1911
A r t icl e 6174 (as amended 1917, first extra session, ch. 32). Contracts forbid
den.— It is hereby declared the policy of this State to work all prisoners within the
walls and upon the farms owned or leased by the State, and in no event shall
the labor of a prisoner be sold to any contractor or lessee nor shall any prisoner
be worked on any farm not owned or leased by the State or otherwise upon shares.
A r t . 6183. Establishment of factories.— The prison commission shall have the
power to purchase or cause to be purchased, with such funds as may be at their
disposal any lands, buildings, machinery, tools or supplies for the benefit of said
prison system, and may establish such factories as in their judgment may be
practicable and that will afford useful and proper employment to prisoners
confined in the State prison, under such regulations, conditions and restrictions
as may be deemed best for the welfare of the State and the prisoners, it being the
purpose of this title to clothe said board of prison commissioners with all power
and authority necessary for the proper management of the prison system of this
State.
A r t . 6184. Purchase of land.— The prison commission shall have power, with
the approval of the governor, to purchase such land as may, in their judgment,
be necessary in the operation of said system, and the employment of prisoners
confined in said prison; * * *
A r t . 6185. Same subject.— The prison commission may buy * * * so
many acres of land as will * * * enable all prisoners hired out or employed
on share or contract farms, and who are not otherwise employed by the State,
to be employed directly on farms belonging to the prison system.
A r t . 6187. Sale of products.— The prison commission shall have power to sell
and dispose of all farm products and the products of all factories connected
with the prison system, and all personal and movable property at such prices and
on such terms as may be deemed best by them, * * *
A r t . 6209. Sexes to be kept separate.— All female prisoners shall be kept separate
and apart from the male prisoners. Where practicable, the prison commission
shall keep the female prisoners upon a separate farm, or at a separate prison,
from the male prisoners, * * *
A r t . 6210. Labor of females.— The prison commission shall provide such
labor for said female prisoners as in their judgment they can reasonably per
form, * * *
A r t . 6215 (as amended 1917, first extra session, ch. 32). Sunday labor.— N o
prisoner shall be worked on Sundays except in cases of emergency or extreme
necessity: Provided, The prison commission shall be authorized to work prisoners
on Sunday at labor that is necessary to be performed, such as cooks, waiters, lot
men, and men attending to stock, and men engaged in the necessary operation
of machinery; * * *
A r t . 6220 (as amended 1917, first extra session, ch. 32). Work time9etc.— Pris
oners shall be kept at work under such rules and regulations as may be prescribed
by the prison commission. N o greater amount of labor shall be required of any
LAWS RELATING TO CONVICT LABOR
251
prisoner than his physical health and strength will reasonably permit, nor shall
any prisoner be placed at such labor as the prison physician may pronounce him
unable to perform. N o prisoner upon his admission to prison, shall be assigned
to any labor until having first been examined by the prison physician: Provided,
That no prisoner shall be required to work more than nine hours per day, except
that the commission shall be authorized to work the prisoners on the farm of
the prison system in accordance with the following plan:
During the months of December, January, and February, 9 hours; during
the months of March, April, July, August and November, 10 hours; during the
months of M ay, June, September and October, 11 hours.
The commission is further authorized to work prisoners on the farms such
time in addition to that stipulated above, as may be agreed on by convicts who
are desirous of shortening their terms as hereinafter provided.
A r t . 6227. Discharge.— [Discharged prisoners receive a suit of clothing of good
quality and fit, two suits of underwear, one pair of shoes and a hat, one shirt,
$5 in money in addition to any he may have to his credit, and transportation to
the place of sentence or other point not more distant.]
A r t . 6231. Public works.— The prison commission, by and with the consent
of the governor, shall have the power to work convicts on public works, when
they can not employ them on the State farms or within the walls by reason of
some unforseen calamity, such as failure of crops, or the destruction of crops by
wind or flood. * * *
COUNTY AND MUNICIPAL CONVICTS
R E V IS E D C I V I L S T A T U T E S — 1911
A r t ic l e 831. Powers of city council.— The city council shall have full power
by ordinance, * * *
A r t . 836. Public streets and works.— To compel and force all offenders against
any ordinance of the city, found guilty by the recorder or mayor and sentenced
to fine and imprisonment, to labor on the streets and alleys of said city or on any
public work, under such regulations as may by ordinance be established.
A r t . 6232. Workhouses.— The commissioners, courts of the several counties
may provide for the erection of a workhouse, and the establishment of a county
farm in connection therewith, for the purpose of utilizing the labor of county
convicts, in accordance with the provisions of the constitution.
A rt . 6238. Public roads and works.— County convicts shall be put to labor
u p o n the public roads, bridges, or other public works of the county, when their
labor can not be utilized in the county workhouse or farm and they shall be
required to labor not less than 8 nor more than 10 hours each day, Sundays
excepted.
A r t . 6241. Females.— Female convicts shall, under all circumstances, be kept
separate and apart from male convicts; and they shall in no case be required to
do manual labor, except in the workhouse, or when hired out as is hereinafter
provided.
A r t . 6246. Dangerous work.—
* * * N o convict shall be compelled to
labor at any kind of work nor in any avocation that would endanger his life or
health.
A r t . 6967. Road work.— The commissioners' court may require all county
convicts not otherwise employed to labor upon the public roads under such
regulations as may be most expedient. * * *
UTAH
STATE AND COUNTY CONVICTS
C O N S T IT U T IO N
A
r t ic l e
XVI
3 . Contract prohibited.— The legislature shall prohibit—
*
* *
*
*
*
*
*
(2) The contracting of convict labor.
(3) The labor of convicts outside prison grounds, except on public works
under the direct control of the State.
S e c t io n
CONVICT LABOR IN 1923
252
C O M P I L E D L A W S — 1917
Se c t io n 3666. Hours.— Eight hours shall constitute a day's work in all penal
institutions in this State, whether State, county, or municipal * * *.
S e c . 5508. Labor on highways.— Convict labor may be utilized in providing
material for constructing roads $nd also in the construction and improvement of
roads, the prisoners in the county jail may be required to work upon county
roads under regulations made by the board of county commissioners, and prisoners
in the State prison may be required to work upon State roads.
Se c . 5510. Hours of labor.—
* * * no supervisor shall cause or permit any
person under his direction to be employed for more than eight hours of any day.
S e c . 5514. Bridges and culverts.— A ll bridges and culverts required in connec
tion with this road construction * * * so far as is deemed advisable shall
be constructed by convict labor. * * *
S e c . 9173. Labor required.— In all cases when by law a person is sentenced to
imprisonment either in the State prison or in a county jail, it shall be at hard
labor, whether so designated by the court or jury or not.
STATE CONVICTS
C O M P IL E D
L A W S — 1917
Se c t io n 5455. Duties of warden.— It shall be the duty of the warden under
the rules and regulations adopted by the board for the government of the prison:
*
*
*
*
*
r
*
*
4. To use every proper means to furnish employment to prisoners most bene
ficial to the State and best suited to their several capacities;
5. To superintendend any manufacturing and mechanical business that may
be carried on by the State, pursuant to law, within the prison; to receive the
articles manufactured,-and to sell and dispose of the same for the benefit of the
State;
*
♦
*
♦
*
♦
*
8. To be * * * the custodian * * * of all funds belonging to the
prison and arising from the labor of the convicts or the sales of manufactured
articles; * * *
Se c . 5472. Labor on buildings.— The warden shall also have authority, under
such regulations as the board may adopt, to employ convicts in the erection or
repair of the buildings or walls of the prison, or on the prison farm.
Se c . 5475. Industries.— It shall be the duty of the prison board to meet at
least once in six months to determine what lines of productive labor shall be
pursued in the prison, and in so determining the board shall select diversified
lines of industry with reference to interfering as little as possible with the same
lines of industry carried on by citizens of this State. N o contract shall be made
for the labor of prisoners confined in the State prison, but they shall be employed
by the warden under rules and regulations established by the board.
S e c . 5476. Articles for State use.— The board shall be required to employ as
many prisoners as are necessary in making articles for the various State institu
tions, as far as practicable; and the State institution shall pay to the prison
the market price of all articles furnished.
S e c . 5477. Irrigation works.— For the purpose of reclaiming, by irrigation,
State lands, and for the purpose of furnishing public work for convicts confined in
the State prison, the State board of corrections is hereby authorized to locate
and construct, in the name of and for the use of the State, ditches, canals, reser
voirs, and feeders, for irrigating and domestic purposes, and for that purpose
m ay use convict labor of persons confined, or that may be confined, as convicts
in the State prison.
S e c . 5478. Earnings.— [Unmarried prisoners receive not to exceed 10 per
cent of their net earnings, payable on discharge. M arried prisoners with depend
ent families resident in the State receive not to exceed 25 per cent, to be given
the fam ily; if without such families, the same as unmarried prisoners.]
Se c . 5481. Hours of labor, etc.-^-KW convicts, other than such as are confined
in solitude for misconduct in the prison, shall as far as practicable be kept con
stantly employed at hard labor for an average of not less than eight hours a day,
Sundays and holidays excepted, unless incapable of laboring by reason of sickness
or other infirmity.
LAWS RELATING TO CONVICT LABOR
253
COUNTY CONVICTS
C O M P I L E D L A W S — 1917
S e c t io n 1400. Power of board of county commissioners.— The board of county
commissioners in each county has jurisdiction and power, under such limitations
and restrictions as are prescribed by law:
S e c . 1400. 15. Labor on public grounds, etc.— To provide for the working of
prisoners confined in the county jail under judgment of conviction of misdemean
or, under the direction of some responsible person, upon the public grounds,
roads, streets, alleys, highways, or public buildings, for the benefits of the county,
when, under such judgment of conviction, or existing laws, said prisoners are
liable to labor.
VERMONT
STATE AND COUNTY CONVICTS
C O N S T IT U T IO N
C h a pt e r I I
S ec tio n 60. Hard labor prescribed.— To deter more effectually from the com
mission of crimes, by continued visible punishments of long duration, and to
make sanguinary punishments less necessary, means ought to be provided for
punishing, by hard labor, those who shall be convicted of crimes not capital,
whereby the criminal shall be employed for the benefit of the public, or for the
reparation of injuries done to private persons; and all persons at proper times
ought to be permitted to see them at their labor.
STATE CONVICTS
GENERAL
L A W S — 1917
S ec tio n 7136. Leasing.— Said director [of State institutions] may contract, for
not exceeding five years, to any person or corporation, the labor of any or part of
the convicts in the State prison and house of correction, or either institution, in
such manner and on such terms as said director deems best for the State; but such
contracts shall not interfere with the management or discipline of the convicts.
Said director may purchase the material, supplies, machinery and appliances
required for employing the convicts, and may employ all necessary superin
tendents, accountants and other help necessary for such enterprise, and may pay
to the convicts such rewards for especially good work as may to said director
seem for the best interests of the State. Said director may conduct such manu
facturing business as a financial enterprise, separate from the State prison and
house of correction. Said director may sell any and all articles so manu
factured * * *
S e c . 7137. Employment outside walls.— Said director may designate prisoners
confined in the State prison or house of correction, who may be employed in
the service of such institutions respectively, outside the walls thereof.
S ec . 7138. Same subject.— The superintendent of either of such institutions
may, in his discretion, take any prisoner so designated, outside the walls of such
institution, and employ him at hard labor in the service of such institution, * * *
S e c . 7161. Discharge.— [Discharged convicts may receive transportation to
their homes.]
S e c . 7165. Farms.— The director of State institutions shall, at the expense of
the State and subject to the approval of the board of control, lease such farm
or farms or lands as said board deems advisable for the establishment of State
detention farms. Such farms shall be for the discipline, correction, reformation,
instruction, and work of persons confined in jails. Such detention farms shall be
under the control and management of said director.
S ec . 7168. Employment.— The director of State institutions shall cause persons
removed to a detention farm to perform such work on or in the vicinity of such
farm as the board of control deems advisable, and may make contracts for labor
to be performed by such persons.
S ec . 7169. Earnings.— [Prisoners working as herein provided receive such sum
per day as the director shall fix.]
S e c . 7187. Labor required.— Persons sentenced to imprisonment in the house
of correction shall be kept at hard labor, * * *
177°—25t----- 17
254
C O ^T IC I LABOR I N 1123
COUNTY CONVICTS
GENERAL
L A W S — 1917
S ec tio n 7258. Labor may be required.— A male person imprisoned under
sentence in a county jail may be required b y the sheriff of the county to perform
not more than 10 hours of manual labor, within or without the waffs of such
county jail, each day of such imprisonment, except on Sundays and legal holidays.
Se c . 7259. Employment.—
* * * Said sheriff m ay require and compel
able-bodied prisoners so confined upon conviction for crime to work in the improve
ment o f the public highways, within a radius of 30 miles from such ja il and outside
of a city or incorporated village. * * *
V IR G IN IA
STATE AND COUNTY CONVICTS
C O D E — 1919
S e c tio n 1971. Road work.— Whenever any county, through its local road
authorities, shall make application * * * to the State highway commis
sioner, . * * * then the commissioner shall make requisition upon the
superintendent of the penitentiary for Buch number of the State convict road
force as he m ay deem necessary, under the plans and specifications agreed upon
as aforesaid, for the proper and economical work on said road; and thereupon
the superintendent of the penitentiary shall send to such county, for such pur
pose, the number of State convict road force so required, * * *
S e c . 2073 (as amended 1924, ch. 88). Road force; articles for State use.— A ll
male prisoners convicted of felony, and sentenced to confinement in the peni
tentiary, and all male persons now convicted and confined in the public jails,
or who m ay be hereafter convicted and so confined, and sentenced to the road
force for a misdemeanor, shall, when delivered to the superintendent of the peni
tentiary, under the provisions of sections twenty hundred and seventy-five and
twenty hundred and ninety-six, constitute the State convict road force. B ut such
convicts as the State prison board and the superintendent of the penitentiary
shall deem it improper or unsafe to be put on the convict road force or other
public works, on account of physical condition, character, or disposition, may be
employed b y the State prison board in work for the State at the penitentiary,
at the" State penitentiary farm , at the State Mme-grinding plants, or in State or
county stone quarries. Convicts actually confined within the penitentiary at
Richmond, however, shall be used, as far as possible, in the making of articles
required by the State departments and institutions, and the State prison board is
authorized and empowered to charge the State departments and institutions the
actual cost of the materials used in the manufacture of articles furnished them,
and in addition thereto an amount sufficient to defray the maintenance costs of
the prisoners employed in such State-use industries., and to keep in repair and to
replace the machinery, tools, et cetera, used in the manufacture of the various
articles furnished. Any surplus of manufactured articles made in the said
State-use industries not required b y the State departments and institutions,
m ay be disposed of b y the State prison board by sale to municipal and county
agencies in Virginia and to Federal, State and local public agencies within or
without the State o f Virginia, or as the State prison board, with the approval of
the governor, m ay deem to be to the best interests of the State. *
* *
S e c . 2074. Numbers.— It shall be the duty of the superintendent of the peni
tentiary, when in his judgment there is o r there is not need of members of the
State convict road force, to inform in writing any or all of the judges o f the courts
of this State, having original jurisdiction Of felony trials, of such need or suffi
ciency.
S e c . 2075. Prisoners to be furnished.— U pon written request of the superin
tendent of the penitentiary, the judge of the circuit court of any county or the
judge o f the corporation court of any city, shall, in term or vacation, unless any
such prisoner shows to said judge good cause to the contrary, order any male
prisoner convicted of a misdemeanor, or of any offense deemed infamous in law,
and sentenced to confinement in jail as a punishment, or p art punishment for
such Offense, or who is imprisoned for failure to pay any fine imposed upon cr
assessed against him upon such conviction, or who is imprisoned fo r a violation
of an ordinance o f any city or town which b y said ordinance is punishable by
confinement in jail or fine, to be delivered by the jailer Of such county or city,
to or upon the order of the superintendent of the penitentiary, to work in the
LAWS DELATING TO CONVICT LABOR
ms
State convict road force, and when such request has been so made b y the super
intendent of the penitentiary, it shall be deemed to be a continuing request until
it has been revoked b y th e superintendent. N o one so confined who is under the
age of 18 years shall be so delivered, and the delivery of any such one over the
age of 18 and under the age of 21 years shall be discretionary with the court or
judge, and persons over the age of 18'years imprisoned for violation Of city or
town ordinances shall be liable primarily to work on chain gang or public works
within such cities or towns at the request of the proper authorities thereof. A ny
person so sentenced to such chain gang or public works under this section, shall
have the right of appeal from such sentence to the circuit or corporation court,
as the case may be.
S e c . 2088. Placing force.— Whenever the State highway commissioner shall
make requisition upon the superintendent of the penitentiary for a designated
number of the State convict road force to be employed upon the roads of any
county of this State, * * * the superintendent of the penitentiary shall
send to such county such number of the State convict road force so re
quired. * * *
S ec . 2096. Sentence to road force.— Whenever a male person over 18 years of
age is convicted of any misdemeanor for which a jail sentence may be imposed,
either for a fixed period of time, or a sentence to serve in default of payment of
fine or in default of surety, the judge or justice before whom such a case is tried
may, in his discretion, in lieu of committing said person to jail, sentence him to a
like period on the public roads, and cause mm to be delivered into the custody of
the superintendent of the penitentiary, to be kept by him as a member of the
State convict road force, in accordance with law, and subject to work on the pub
lic roads.
A C T S O F 1918
C
hapter
9 (a s a m e n d e d
1924, ch. 43)
S ec tio n 1. State highways.— The State convict road force as now or hereafter
constituted shall, so far as practicable, be employed in the construction and main
tenance of the State highway system, and to this end may be used in rock
quarries, gravel pits, and other plants in the preparation of materials for
construction and maintenance of roads.
S e c . 3. Requisitioned convicts.— The State highway commission shall make
requisition, from time to time, upon the superintendent of the penitentiary
for such number of the convict road force as it may deem necessary for work
on the State highway system or for the preparation of road material for road
construction and maintenance, and thereupon the superintendent of the peni
tentiary shall send to the place designated by the commission the number of
said convict road force so required, and all of the provisions of * * * [secs.
2073-2093] not in conflict with this act shall apply.
S e c . 4. Other convicts.— A ll convicts in the State convict road force who are,
in the judgment of the State highway commissioner, not needed for work on
the State highway system, or in the preparation of materials for construction
1and maintenance, shall be used in accordance w ith the provisions of * * *
[secs. 2073-2093].
STATE CONVICTS
C O D E — 1919
S ec tio n
1267.
Lime, etc.— Whenever the [convict lime] board shall be of
opinion that it is wise and expedient to do so, as many of the long-term or des
perate convicts as can be profitably employed within the limits of the appro
priation made b y law shall be put to work in quarrying, getting out, and grinding
limestone, oyster shells, or marl, and to enable it to do so the board may acquire
by gift, purchase, or lease suitable limestone lands or quarries, suitable deposits
of oyster shell or .marl convenient to transportation by rail or water, and shall
cause th e same to be manufactured, * * *.
Whenever practicable, convicts shall be used for all the work of th e plant.
S e c .1268. Sale.—
* * * The said ground limestone, groimd oyster shells,
and marl, bo produced by convict labor, shall be sold for cash, and at a price
which shall repay the Btate for the maintenance, guarding, and services of the
convicts, for the interest on the amount invested in machinery, TO per centum
CONVICT LABOR IN 1023
256
for wear and tear of the machinery, the cost of the rock, shells, and marl; and the
upkeep of the machinery. And the said board shall dispose of any by-products
of the quarry or from oyster shells or marl for road or other purposes for a fair
price to any of the citizens of this State on the same terms and in the same
manner, except as to quantity, as the crushed product is sold. * * *.
S e c . 4993. Work at penitentiary.— * *. *. The superintendent shall have
custody of the property of the penitentiary, * * *. H e shall have authority
to employ the prisoners in improving and cultivating any part of the land afore
said, or in repairing the water pipes and fixtures, or the roads from the peni
tentiary to proper points of intersection with the streets, or in taking out or
bringing into the inclosure any necessary thing to or from the said city.
S ec . 5007. Employment adjusted.— Before any male prisoner shall be permitted
to labor in the shops, or elsewhere out of his room, he shall make and subscribe
such promise of obedience and fidelity to the rules and orders of the institution
as shall be prescribed by the board and approved by the governor, and it shall
be the duty of the superintendent, as far as practicable, to. provide suitable
employment in separate rooms for the refractory and obstinate and for those of
disordered mind, or who, for any cause, are unfit to be congregated in the shops.
S ec . 5009. Labor to be hard.— The convicts shall be kept to the hardest labor
suitable to their sex and fitness, and such of them as need it instructed in some
mechanic art.
S e c . 5014. Employment.— The superintendent shall, at the discretion and under
the direction of the governor, employ them at Richmond or elsewhere in the
State, in improving, repairing, or working on the public buildings, grounds, and
property, or cultivating grounds for the use of the penitentiary.
S e c . 5015. Care of cemeteries.— H e shall have authority to furnish to the
Hollywood and Oakwood Memorial Associations, from time to time, as may be
necessary, a sufficient force of convict labor to keep in order the graves and
sections wherein are buried the Confederate soldiers of the Arm y of Northern
Virginia in said cemeteries.
S e c . 5021. Discharge.— [Discharged convicts may be allowed $10 in money,
transportation to the place from which sent, and if needed a suit of coarse
clothing.]
A C T S O F 1918
C
S e c t io n
hapter
301
1. Earnings.— [Prisoners are to be allowed 10 cents for each day
worked.]
S e c . la. Work time.— The board of directors of the State penitentiary shall,
through the superintendent, wardens, managers, or officials of the penitentiary,
State farm, or camps in the State, so far as it is practicable, cause all of the
prisoners in said institutions or camp, who are physically capable thereof to be
employed at useful labor, not to exceed 10 hours for each day, other than Sundays
or public holidays; winch shall include time occupied in going to and from work;
provided, this shall not apply to work on the State farm, nor shall it apply to
existing contracts heretofore made by this State.
MUNICIPAL CONVICTS
C O D E — 1919
S ec tio n 3061. Work on streets, etc.— The council of each city may establish
chain gangs in such city under such regulations as the council of said city may
prescribe, for the purpose of working on the streets, roads, and public property
therein, farms owned or leased by such city, and of working in or on any other
public property or works owned, leased, or operated by such city, whether the
same be located within such city or in the county where such city is situated.
E very male person above the age of 18 years who is convicted for" an y violation
of an ordinance of any such city, which by such ordinance is punishable by con
finement in jail or fine, and who is imprisoned as a punishment or for failure to
pay such fine, shall be liable to work in such chain gang; but nothing in this
section shall abridge the right of the proper authorities to send minors to the
reformatories of the State.
LAWS RELATING TO CONVICT LABOR
25 7
WASHINGTON
STATE CONVICTS
C O N S T IT U T IO N
*
A rticle I I
S ec tio n 29. Contracts prohibited.— The labor of convicts of this State shall
not be let out by contract to any person, copartnership, company, or corporation,
and the legislature shall by law provide for the working of convicts for the
benefit of the State.
C O D E S A N D S T A T U T E S — 1910
S ec tio n 5910 (as amended 1911, ch. 114). Quarries.— Whenever * * * any
site and quarry is produced the State highway commissioner shall take possession
thereof, and * * * purchase and install therein such suitable and proper
rock-crushing plants, machinery, appliances and tools, and with such capacity
as in the judgment of the highway commissioner may be necessary and adequate
to keep continuously employed and occupied such force of convicts as may from
time to time be worked therein.
S e c . 5911 (as amended 1911, ch. 114). Employment of convicts.— It shall be the
duty of the State highway commissioner to keep and employ in the several
quarry sites so established and equipped as aforesaid, under charge of the super
intendent of the penitentiary, * * * a sufficient number of able-bodied
convicts when available to keep and maintain said plant therein installed in
continuous operation to its full capacity, for which purpose said convicts may
be transferred from the penitentiary at W alla W alla.
S e c . 5912 (as amended 1911, ch. 114). Regulations,— A ll convicts main
tained at said quarry sites shall, when physically able and so long as there
is a demand for the output of such quarry, be kept and employed continu
ously (except Sundays and legal holidays) in the quarrying, crushing, prep
aration and handling of rock or other materials for roads or streets. A ll rock
so crushed shall be, upon the request of the State highway commissioner, loaded
upon the car or vessel and there delivered to said State highway commissioner,
who shall use the same in the construction or maintenance of State roads or
State-aid roads: Provided, however, That so much of said materials as the State
highway commissioner may not at any time require for use on State roads or
State-aid roads shall be by said highway commissioner disposed of at not less
than 10 per cent above estimated cost f. o. b. the car, scow or boat at the place
of production, to counties, cities or towns within the State in the order of applica
tion therefor, excepting in cases where the demands of such counties, cities and
towns m ay be in excess of the supply, in which case the State highway commissioner
shall apportion, deliver and distribute such material among the several counties,
cities and towns applying, in such proportion as in his judgment may seem fair
and equitable: * * * when the quantity of material on hand is in excess of
the amount demanded by the State highway commissioner for use upon the
State roads, or state-aid roads, or for disposition to the counties, cities, and towns
herein provided, then the same may be disposed of by the State highway com
missioner at such prices, not less than the cost of production, as said commissioner
may deem most advantageous for the State, giving prior right of purchase to citi
zens of the State of Washington before applicants from another State: * * *
S e c . 8519. Employment.— All convicts may be employed by authority of the
board, under charge of the superintendent and such skilled foremen as they may
deem necessary in the performance of work for the State, or the manufacture
of any article or articles for the State, or the manufacture of which is sanctioned
by law. A t W alla W alla, at the State penitentiary, no articles shall be manufac
tured for sale, except jute fabrics and brick. The board is hereby authorized
to purchase, from time to time, such tools, machinery, and materials, and to
direct the employment of such skilled foremen, as may be necessary to carry out
the provisions of this section, and to dispose of the articles manufactured and
not needed b y the State, for cash, at private sale, in such manner as provided
by law.
S e c . 8521. Hours of labor.— The board of control shall require of every
able-bodied convict confined in the pentientiary as many hours of faithful labor
in each and every day during his term of imprisonment as shall be prescribed by
the rules and regulations of the penitentiary. * * *
£58
C O N yiC X U A B 0S a*T 3*23
S e c . 8555. S k ille d labor .—In fthe manufacture of jute fabrics and brick the
board of control shall employ such skilled labor as is found necessary and as
many convicts as possible.
Se c . 8570. B reakin g stone.— AM convicts confined in the State penitentiary
at Walla Walla may be employed under authority of the State board of control,
under charge of the superintendent of the penitentiary, or of such other persons
in the employ of the State as the State board of control snail direct, in the crushing
preparation or handling of rock or other materials for roads or streets. Such
labor shall be performed at such place or places in this State as the said State
board of control shall direct.
£>ec. 857*2. Sale o f m a te ria l .—Said State board -of control shall have1authority
to sell and dispose of such crushed rock or other materials for reads and streets
in such manner and for such price as they shall deem most advantageous for the
State.
S e c . 8574. Use o f brick .—The State board of control is hereby authorized in
its discretion to use brick manufactured at the State penitentiary for the enlarge
m ent ot the construction of any buildings used in connection with the State
penitentiary.
1
-S®c. 8575. E m ploym en t i—All convicts* confined and not otherwise employed
«hall be employed under authority of the State board' of control in charge of the
superintendent of the penitentiary ot of-such oilier persons in th e employ of the
State as the State board of control shall direct, * * * The places where and
th e manner in which work shall be performed upon State roads by* such convicts
shall be>designated iby Hie State highway board.
Se c . -8586. C ontracts forbidden ; ea rn in g s .— * * * The labor imposed
upon the inmates [of;the State reformatory], or industrials pursuits prescribed
fo r the employment of their rime, shall also be at the discretion of the board of
managers, except that what is known as the contract system o f prison laboT shall
not be employed. The superintendent is hereby authorized to place to the credit
of each prisoner, such amount of’bis earnings as the board of managers may deem
equitable and just, taking into consideration the character of the prisoner, the
nature o f;the crime for which he is imprisoned, and his general deportment:
tProvided , That such credit shall in no case exceed 20 per cent of his earn
ings. * * *.
ACTS OF T911
Ch a p t e r
132
S e c t io n 1. P urchases a n d sales .—The State board Of control is authorized
and empowered to purchase jute and other products and1fabrics for use in the
State penitentiary; and the jute and other fabrics and products manufactured at
the State penitentiary shall be sold for such prices as shall in the judgment of-the
board be for the best interests of the State.
Sec. 2 (as amended 1917, ch 56). S a les .—[Jute grain sacks and other fabrics
and products shall be sold directly only to farmers, oyster growers and woolgrowers of th e State actually engaged in th e employments named; b u t between
June 1 and January 1 of each year they may be sold in the open market as deemed
to the best interests of the State. Distribution to the counties is to be pro Tata,
as near as m ay fee, according to th e production of grain, oysters, and wool.]
Se c . 4. (as amended 1913, ch. 38). P rices .—[Prices are to befixed by the board
of control, not to exceed 12% per cent profit on the cost o f:manufacturing.]
ACTS OF 1913
C h a p t e r T14
’Section 1. L abor m h igh w ays .—Whenever there are persons confined in the
State penitentiary who are physically able to perform manual Tabor upon the
public highways, and who Bhall not fee engaged in other work required fey the
State board of control, the same mayfeeemployed upon the construction and im
provement of the public highways within the State.
Se c . 2. S am e subject. —The. board of cantrolshall monthly certify ‘to the State
highway commissioner the number of persons in the institution named who may
be used for the work authorized under this act, and the State highway commis
sioner shall, whenever possible, use such persons in the building or repair of pub
lic roads.
L A W S R E L A T IN G TO C O N V IC T LABOR
259
C h a p t e r 132
S e c t io n 1 (as amended 1917, ch, 121). R oad construction .—The State high
way board may in its discretion cause any State road to be constructed, either
under contract as now provided by law or by force account. * * * The
work may be done either by free or day labor or by the use of convict labor when
available and capable of advantageous use. * * *
COUNTY CONVICTS
CODES AND STATUTES—1910
Se c t io n 2279. Sh eriff to em ploy .—The sheriff of each county shall em
ploy aAl male persons sentenced to imprisonment in the county jail thereof in
such manner and at such places within the county as may be directed by the
board of county commissioners of such county.
Se c . 3895. W ork on county roads .—The county commissioners in their re
spective counties may order all persons who shall be confined in the county jails
of their respective counties, convicted of any crime or misdemeanor, to work on
the roads of their respective counties, under the direction of the sheriff; but such
convicts shall not be put to labor at a greater distance from the jail or place of
confinement than 5 miles: P rovided, That if any such convict shall refuse to per
form such labor he shall be kept in close confinement on bread and water. The
sheriff having the custody of such convicted persons may, to secure them from
escape, attach a ball and chain to said convicts.
S e c . 3896. S am e subject .—The board of county commissioners of any county
may, in their discretion, order the sheriff to cause all persons under sentence of
imprisonment in the county jail, except females and persons incapable of per
forming manual labor, to be put to work and perform labor on the public roads
and highways within such counties.
MUNICIPAL AND COUNTY CONVICTS
CODES AND STATUTES—1910
Se c t io n 8493. H ours of labor .—When a person has been sentenced by any
justice of the peace in a city in this State to a term of imprisonment in.the city
jail, whether in default of payment of a fine or otherwise, such person may be
compelled on each day of such term, except Sundays, to perform eight hours’
labor upon the streets, public buildings, and grounds of such city. * * *
Se c . 8494. S a m e .—When a person has been sentenced, by a justice of the
peace, or a judge of the superior court, to a term of imprisonment in the county
jail, whether in default of payment of a fine or costs, or otherwise, such person
may be compelled to work eight hours each day of such term in and about the
county buildings, public roads, streets, and grounds: P rovided, This section and
the last preceding one of this chapter [section 8493] shall not apply to persons
committed in default of bail.
ACTS OF 1917
C hapter
103
S e c t i o n 3 . E m p lo ym en ts .—Any city or town shall have authority to contract
with the county in which such city or town may be located, and such county
shall have authority to contract with any such city or town for the joint acquire
ment, erection, ownership, control, and maintenance of any jail, workhouse,
work shop, stockade, or other place of detention and confinement within the limits
of any such county, and for the care, keep, custody, control, confinement, and em
ployment of the city, town, or county prisoners heretofore or hereafter convicted
of offenses against the laws of the State or of the ordinances of such city or town,
punishable by fine or by confinement in any such county, city or town jail, in
any jail, workhouse, workshop, stockade, or other place of detention and confine
ment so provided by such county, city, or town, or which may be so jointly pro
vided by such county, city, or town. The legislative authority of any city or
town and the county commissioners of any county shall have authority to em
ploy persons s© convicted and under sentence upon such public works as may be
designated by such county, city, or town, or by any contract between same as in
this act authorized.
CO N V ICT LABOR I N 1023
260
WEST VIRGINIA
STATE CONVICTS
CODE—1913
Se c t io n 5670. H irin g out convicts .—In order to provide for hard labor for each
convict, according to his sentence, the directors of the penitentiary are hereby
authorized and required to let and.hire the labor of the convicts upon such
branches of business, and for the manufacturing of such articles, as in their
judgment will best accomplish the ends and subserve the interests of the State,
which letting and hiring shall be as follows: Such letting and hiring shall be ad
vertised by the warden of the penitentiary, in two newspapers published in the
State, for four weeks, and in such other manner as may be directed by tlfe board
of directors; the advertisement to specify the number of men to be let, the length
of time, which shall not exceed five years, arid the last day, at 12 o’clock meridian,
on which bids will be received.
Se c . 5671. M anu factu res .—The board may in their discretion designate what
articles or class of articles shall be manufactured.
Se c . 5683. H ou rs , etc ., of labor .—The convicts shall labor for the contractors
not to exceed nine hours a day during the year, Sundays and national holidays
excepted.
S e c . 5686. E m p lo ym en t .—It shall be the duty of the board to keep as many of
the convicts employed on contracts as the interests of the State will permit, and
all convicts not employed on contracts may be employed by the warden, under
the direction of the board, in the performance of work for the State or tempo
rarily hired, which hiring shall terminate whenever their labor is required on a
contract.
,
Sec. 5687. S ta te use .—The warden, under the directions of the board, may
employ a portion of the convicts in the manufacture and repair of articles used by
the State in carrying on the penitentiary, or articles used by any of the other
State institutions; and if in the opinion of the board of directors it is deemed ad
visable to do so, any convicts not employed under contract may be employed,
or let to contract, in the manner hereinbefore specified, on the piece-price system,
or employed in manufacturing, for. the State, such articles as may be selected by
the board. '
Se c . 5688. D om estic service .—A sufficient number of convicts may be hired by
the warden for domestics, on terms to be agreed upon between him and the board
of directors.
ACTS OF 1921
>
C h a p t e r 112
Se c t io n 34. R oad force .—All convicts confined in the State penitentiary of this
State and delivered to the State road commission upon its requisition, as herein
provided, shall, When so delivered, constitute the “ State convict road force.”
Se c . 35. E m ploym en ts .—The State convict road force, as now or hereafter
constituted, shall, as far as practicable, except as is herein otherwise provided,
be employed in the construction and maintenance of the State road system, and
to this end may also be employed by the commission in or about any stone quar
ries, gravel pits, sand banks, crushers, brick kilns and other plants, and places in
the acquisition and manufacture of materials to be used in the .construction,
maintenance, or repair of State roads, under the same rules and regulations as are
provided herein for working said force on the State roads or highways.
Se c . 38. W ork tim e; earnings .— * * * All guards and prisoners shall be
under the direction of the State road commission, or its engirieer in charge, and
shall work not to exceed 60 hours per week and each prisoner shall be paid, for
such time in excess of 9 hours per day at the contract rate paid by the commis
sion for such prisoner’s labor. * * *
S e c . 44. C ontracts .—After the expiration of all contracts now existing between
the State and any person, firm, or corporation for the employment of convicts
confined in the State penitentiary only such contracts shall be renewed, or new
contracts made, under the provisions of law, as may be necessary to employ all
convicts not otherwise employed under th e .provisions of this act: P rovided ,
That when convicts from the penitentiary are not required by the commission
for, labor in the construction and maintenance of State roads, or for the prepara
tion or manufacture of materials therefor, the board of control may,, with the
consent in writing of the State road commission, grant application to any of the
L A W S R E L A T IN G TO CON VICT LABOR
261
county courts of this State for the use of such convicts, confined in the peniten
tiary, in the construction and maintenance of county-district roads, as may not
be needed or required by the commission, and all such prisoners shall be employed
by the county courts as aforesaid only upon the same conditions, and under the
same laws, rules, and regulations as are required by this act governing their use
by the State road commission.
COUNTY CONVICTS
ACTS OF 1921
C h a p t e r 112
48. R oad work.—Whenever any able-bodied male person over the
age of 16 years shall be convicted of an offense punishable with confinement in
the county jail, before any court or justice of the peace, and sentenced by such
court or justice of the peace to imprisonment in the county jail and to pay a fine
and costs, he shall be sentenced by such court or justice of the peace to labor
on the county-district roads of the county, * * *
Se c t io n
MUNICIPAL CONVICTS
CODE—1913
1508. W ork on streets. —Whenever, hereafter, any person shall be
convicted for any violation of ordinances or laws of any incorporated city, town
or village, and shall be confined in the county jail, or place of confinement adopted
and set apart by the council of such city, town, or village, in lieu of the county
jail, as a prison house, Whether such person be imprisoned for failure to pay any
fine adjudged against him, or under sentence of a court, mayor, qr justice* may be
ordered by said court, mayor or justice to work on the public streets and alleys
of such city, town, or village, * * *
Se c t io n
WISCONSIN
STATE CONVICTS
STATUTES—1923
Se c t io n 33.04. U se of prison-m ade goods. —All materials, supplies, fixtures,
apparatus, or equipment required to be furnished by the superintendent [of public
property] which are manufactured at the State prison or at any of the other
public institutions of the State shall be purchased by the said superintendent
from said prison or institution. * * *
Se c . 53.09. L abor required. —All convicts sentenced to the punishment of hard
labor in said [State] prison shall be constantly employed for the benefit of the
State, as provided in chapter 56 of the statutes. * . * *
Se c . 53.12. E arn in gs. —[The board of control may provide for the payment
to convicts of such earnings as it may deem proper.]
Se c . 53.15. D ischarge. —[Discharged convicts receive a decent suit of clothes,
not to exceed $5 in money, and transportation to any place within the State.]
S e c . 56.01. E m ploym en ts. — (1) The State board of control may estab
lish and conduct various industries, and purchase machinery and raw materials,
for the employment of prisoners in the State reformatory and State prison, in
the manufacture of articles for the State and its municipalities and for sale in
the open market; and shall fix the price of all articles produced as near the
market price as possible.
(2) The said board may lease or purchase land within the State for the em
ployment of such prisoners at farm work, beds of limestone for the manufacture
of fertilizer, and beds of rock for road-building material; and may employ such
prisoners and construct temporary barracks for their custody and safe-keeping
outside the prison inclosure.
(3) Whenever the said board is prepared to furnish prison products, it shall
give notice to the proper officials of the State and each county, or other munic
ipality, of the kind or kinds of products that it is prepared to furnish; and on
or before July 1 in each year thereafter the officials so notified shall report to
said board estimates of the amounts of such prison products which they will
require for the ensuing year.
(4) The State, or county, or other municipality receiving such notice shall
not purchase, otherwise than from said board, any products of the kind or kinds.
specified in said notice, other than road-building material, except upon a permit
262
c o n v ic t l a b o r i f
lie s
issued by the rsairi board; and any official who shaH violate or participate in
the violation of this sabsectioaa shall forfeit not to exceed $100 lor each such
Fkklatdon; but any party aggrieved by a refusal of such permit may appeal to
the governor, who may carder the granting of such permit, and such order shall
be final and conclusive.
S e c . 56.02. B in der tw in e .— (1) The board of control shall, at-a cost not.exceed
ing the sums appropriated therefor, purchase, erect, and maintain at the State
prison the necessary buildings, machinery, and equipment for the manufacture
of binder twine, and shall operate such plant.
(2) The warden of the State prison shall give an additional bond to the State
of Wisconsin, in the penal sum of $50,000, conditioned for the faithful performance
of the additional duties devolving upon him in the operation of said binder-twine
plant, and. to be approved by the governor.
(3) The price of the binding twine and cordage manufactured in said plant
shad be fixed from time to time by the board of control and the warden erf the
State prison. The product of said plant shall be sold at such rimes and places
and in such manner as the said board and warden shall determine to be for the
best interests of the State; but citizens of the State shall have the preference
in purchasing said products.
S e c . 56.03. P riso n fa r m ; construction o f pu blic b u ild in g s .—The warden of the
State prison may employ the convicts outside the prison yard in quarrying or
getting stone from and cultivating the prison farm, or in doing any work necessary
to be done in the prosecution of the regular business of the institution; and also
away from the prison grounds in the construction of buildings being erected by
the State. In il l such cases the warden shall detail such force from the prison
police as he shall deem necessary to watch and guard such convicts; and any such
convict who escapes shall be deemed as having escaped from the prison proper.
S e c . 56.04. H ig h w a ys, — (1) The board of control may employ inmates of
the State prison in the construction and improvement of such roads and highways
as the said board and the State highway commission may determine, in such
manner and under such terms as may be agreed upon.
S e c . 56.05. P riso n fa rm s, — (1) The commissioners of the public lands, the
State conservation commission and the State board of control, are authorized
to select from the State forest reserves a quantity of land not to exceed 5,-000
acres to be converted into farms for the State prison.
(2) After such selection has been made the board of control shall take pos
session of said lands and put them in a tillable condition by the employment of
the labor of convicts in the State prison.
S e c . 56.06 L easin g. — (1) The State board of control is authorized to lease,
from time to tim e, the labor of such portion of the prisoners confined in the State
prison, together with such shop room, machinery, and power as may be necessary
for their proper employment, to such persons, for such purposes, upon such
terms and conditions and for such length of time, not exceeding five years at
any one time, as it shall deem most conducive to the interests of the State and the
welfare of the prisoners.
S e c . 132.13. M a rk in g poods.^-^All goods made outride the State and brought
into the State for sale must be plainly and conspicuously marked “ Convict made.”]
COUNTY AND MUNICIPAL CONVICTS
STATUTES—1923
S e c t io n 56.03. L abor required. —<1) In any county having no workhouse
any person, and in all other counties any female person, convicted of any ©Sense
and sentenced to imprisonment in the county jail shall be committed to hard
labor. Every such prisoner shall be required to do and perform any suitable
labor provided for by the sheriff anywhere within said county; but the hours of
labor in farm work shall be not less than 10 nor more than 12 hours, and in all
other work not more than 10 hours, each day.
(2) At the rime such sentence is imposed or at any time before its termina
tion, the court sentencing such person may, upon consideration of his health and
training, ability ito perform labor of various kinds, and the ability o f the sheriff
to find and furnish various lands of employment, direct the kind of labor a t which
such person shall be employed, and the nature of the care and treatment he shall
receive during such sentence.
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« See Hate, p. 160.
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LAWS RELATING TO GQNVICX LABOR
M 3
(5)
The .sheriff .shaUmake contracts in writing for the deploym ent of .all such
prisoners, if not employed in doing work for the county, and shall make all t
neexiful regulations for their profitable employment and the collection«of their;
learnings. * * *
S e c . 56.09. B reaking rock.— (1) The county board in any county whose
population is less than 100,000 may provide in a convenient place near the county
jail a quantity of rock and appropriate implements for the breaking of such rock
Into suitable material for road making.
(2) All male persons convicted in any court and sentenced and committed
to imprisonment in the county jail where such rock is provided, if not employed
as provided in section 56.08, shall, unless certified by the county physician to
be physically unable to perform such labor, be employed in breaking rock for the
building and repair of public highways not exceeding eight hours each day.
Sec . 56.10. W orkhouses. —Any county board may * * * establish a
workhouse and necessary outbuildings, and purchase the furniture and fixtures
requisite therefor, for the detention and employment of prisoners as hereinafter
provided. * * *
S e c . 56.13. W ork tim e; products. —All persons committed to such workhouse
shall be employed for not to exceed 10 hours of each day at such work as may be
provided by the trustees. The product of such work shall be the property of
the county and may be sold or otherwise disposed of by the trustees.
S e c . 56.15. S u n d a ys and h olidays. —No prisoner in any penal institution
within this State shall be compelled to work on any Sunday or legal holiday,
except on necessary household work or when necessary to maintain the manage
ment or discipline of such institution.
Se c . 56.16. H ouses of correction. — (1) The county board of any county whose
population is 250,000 or more may * * * establish, relocate, and maintain
within the limits of said county a house of correction for the safe-keeping, refor
mation, and employment of persons sentenced and committed to confinement
therein ae hereinafter provided.
S e c . 56.18. M u n ic ip a l , etc., convicts .— (1) Every court, justice, magistrate, or
qther officer, in such county or in any village or city therein, authorized to
eommit or sentence any person to the county jail upon conviction of any offense
or violation of any city or village ordinance, or authorized to sentence any person
to imprisonment in the State prison for any term not exceeding five years, may
in lieu of such sentence commit or sentence such person to said house of correction
for an equivalent term, at hard labor, or solitary confinement, or in part to each,
at the discretion of such court or officer. * * *
S e c . 59.19. E m ploym en t. — (1) The inspector of said house of correction shall
place all prisoners therein at such employments, and shall cause all prisoners
therein who are minors to be instructed in such branches of useful knowledge, as
shall be prescribed by the regulations of the county board.
(2) He may employ such prisoners outside of said house of correction, for
“the purpose of cultivating the farm of said institution or in doing any other work
necessary to be done in the regular business thereof, or in the construction of
public highways within said county. In all such cases he shall detail such force
from the house of correction as he may deem necessary to watch and guard such
prisoners.
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(4) [Earnings may be allowed as provided in section 53.12, above.]
WYOMING
STATE CONVICTS
ACTS OF 1911
C h apter
61
S e c t io n 1. S tate m e . —All prisoners sentenced to the State penitentiary shall
be employed for the State, or in any productive industry for the benefit of the
State, or for the use of public institutions owned and controlled by the State
under the rules for the distribution and diversification thereof, to be established
by the commission hereinafter designated *to be provided for such purposes.
S e c . 3. E m ploym en ts. —The said commission [on prison labor] shall have the
power to make and adopt rules and regulations governing the employment,
conduct, and management of the prisoners in the State penitentiary when
employed on the work provided for them by the said commission. It shall direct:
264
CONVICT LABOR IN 1923
that each convict shall be employed at such work as shall make it possible for
him to acquire trade knowledge and skill in the industry for which- he is most
adapted, and at which he can best earn a livelihood when paroled or discharged
from the institution so far as such provision can be made practicable by said
commission, using its best judgment therein. * * *
S e c . 4 (as amended 1917, ch. 109). P roducts; d isp o sitio n .—The said commission
on prison labor is hereby authorized and directed, as far as possible, to cause to
be manufactured by the convicts at the State penitentiary such articles, including
wearing apparel, as are needed and used therein and also such articles as are re
quired by the State, including materials to be used in the erection of buildings
for the State or for any of its institutions. Said commission on prison labor
is also hereby authorized to cause to be manufactured by the convicts in the
State penitentiary articles of any kind or class whatsoever, and to create and
Conduct industrial enterprises for such purposes, for the employment of said
convicts, and to sell and dispose of any articles, merchandise, or other products
so manufactured for prices that will be to the best interest of the State. . * * *
All articles manufactured at the State penitentiary and not required for use
therein may be furnished to the State or for or to any public institution owned
or managed and controlled by the State, or for use on any roads or highways
under the direction of the State highway commission, or the county authorities
of any county in the State, at and for such price as shall be fixed ana determined
as herein provided, and upon requisition of the proper officials and said commis
sion on prison labor is hereby authorized to sell in the open market, or in such
other manner as shall be deemed advisable, any and all such products manufac
tured by convicts within or without the State penitentiary that are not sold for
public use as above provided. * * * P rovided , however , That no materials
furnished for the erection of buildings shall be in competition with established
local industries.
S e c . 5. R eq u isitio n s .—[Officials of State institutions are directed to report to
the commission the estimates for supplies to be furnished by convict labor.]
S e c . 6. Prices.—^[The commission fixes prices for labor and products, uniform,
and as near the usual market price as possible.]
S e c . 7. E a rn in g s .—[Not to exceed 10 per cent of the earnings of the peni
tentiary may be allowed to the prisoners, according to the value of work per
formed, willingness, etc.]
COUNTY CONVICTS
COMPILED STATUTES—1910
S e c t io n 6398. Convicts m a y he p u l to labor .—Any person confined in any
county jail in this State may be compelled to work in any way that the county
commissioners may direct, for the benefit of the county.
S e c . 6399. D u ty o f sheriff .—It shall be the duty of the sheriff of each and
every county, under the direction of the chairman of the board of county com
missioners, and he may do so of his own will when he deems it necessary, by
himself or deputy, to employ each and every prisoner under his charge and under
sentence, who is able to'work, to do such work as the chairman of the board shall
direct, and to keep such prisoner at such work during the working hours of every
week day, * * *
Sec. 6401. W ork on high w ayst etc.—* * * All persons convicted by a
court of competent jurisdiction, and sentenced to confinement at hard labor in
any jail or prison of any county, city, town, village or municipality, may be
employed or put to work upon any public work of improvement, or upon the
highways, streets, .alleys, parks or any public places of any such county, city,
town, village or municipality, in the State.
<
UNITED STATES
COMPILED STATUTES—1916-1923
S e c t io n 5304. Im p o rtin g convict-m ade goods.—r A ll goods, wares, articles, and
merchandise manufactured wholly or in part, in any foreign country by convict
labor shall not be entitled to entry at any of the ports of the United States, and
the importation thereof is hereby prohibited, * * *
Se c . 10524. C ontract prohibited. —It shall not be lawful for any officer, agent,
or servant of the Government of the United States to contract with any person
or corporation, or permit any warden, agent, or official of any State, prison,
L A W S R E LA TIN G TO CONVICT LABOR
265
penitentiary, jail, or house of correction where criminals of the United States
may be incarcerated to hire or contract out the labor of said criminals, or any
part of them, who may hereafter be confined in any prison, jail, or other place
of incarceration for violation of any laws of the Government of the United
States of America.
S e c . 10557. D ischarge. —[Discharged convicts shall be furnished transporta
tion to the place of residence at commitment and, if term was one year or more,
with suitable clothing at a cost of not over $12, and $5 in money. (Amounts
changed to $15 and $10, respectively, for fiscal year 1921: 41 Stat. 103.)]
S e c . 10563a. Cotton factories. —The Attorney General of the United States
is authorized and directed to establish, equip, maintain, and operate at the
United States Penitentiary, Atlanta, Ga., a factory or factories for the manu
facture of cotton fabrics to supply the requirements of the War and Navy De
partments, the Shipping Corporation, cotton duck suitable for tents and other
Army purposes, and canvas for mail sacks and for the manufacture of mail
sacks and other similar mail-carrying equipment for the use of the United States
Government. The factory or factories shall not be so operated as to abolish
any existing Government workshop or curtail the production within its present
limits of any such Government workshop, and the articles so manufactured
shall be sold only to the Government of the United States.
S e c . 10563b. F arm s. —The Attorney General is hereby further authorized
and directed to acquire by purchase or condemnation proceedings such tracts
of land at such points as he may determine, at a total cost of not to exceed
$200,000, which may be cleared, graded, and cultivated. And the Attorney
General is authorized to employ the inmates of the institution herein mentioned
under such regulations as he may prescribe in the work of clearing, grading, and
cultivation of such acquired tracts of land. The products of any such agri
cultural development, including livestock, shall be utilized in said penitentiary
or be sold to the Government of the United States for the use of the military
and naval forces of the United States.
S e c . 10563c. S ale o f products. —Articles so manufactured shall be sold at the
current market prices as determined by the Attorney General or his authorized
agent, * * *
S e c . 10563d. E arn in gs. —[Inmates or their dependents may receive such
earnings as may be deemed proper.]
S e c . 10563i. D isp o sitio n . —The products of said industries shall not be dis
posed of except as provided in this act.
ACTS OF 1924
C h a pter
17 (43 Stat. 6)
S ec tio n 1. M an ufactures. —The Attorney General of the United States is
authorized and directed to establish, equip, maintain, and operate at the United
States Penitentiary, Leavenworth, Kans., a factory or factories for the manu
facture of shoes, brooms, and brushes to supply the requirements of the various
departments of the United States Government. The factory or factories shall
not be so operated as to abolish any existing Government workshop, and the
articles so manufactured shall be sold only to the Government of the United
States.
The Attorney General is hereby further authorized to employ the inmates of
the institution herein mentioned, under such regulations as he may prescribe,
in the work or business of manufacturing shoes, brooms, and brushes, and in
erecting all buildings necessary to conduct said businesses, and the products of
such businesses shall be utilized in said penitentiary or sold to the Government
of the United States for the use of the military and naval forces and other Gov
ernment departments.
S e c . 2. P rices. —Articles so manufactured shall be sold at the current market
prices as determined by the Attorney General or his authorized agent, * * *
S e c . 3. E arn in gs. —[The same provisions are made for Leavenworth as by
section 10563d for Atlanta.]
S e c . 9. D u ty to use. —It is hereby made obligatory upon the various depart
ments of the Government to purchase the products of the business herein author
ized to be carried on in the penitentiary at Leavenworth, Kans., until the supply
therein produced is exhausted before purchasing elsewhere.
o
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