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UNITED STATES DEPARTMENT OF LABOR
FRANCES PERKINS, Secretary
BUREAU OF LABOR STATISTICS
ISAOOR LUBIN, Commissioner
BULLETIN OF THE UNITED STATES\
M
BUREAU OF LABOR S T A T I S T I C S / ......................... IlOe
LABOR
LAWS
OF
THE
UNITED
STATES
P-A/»
DiJO
SERIES
LAWS
RELATING TO PRISON LABOR
IN THE UNITED STATES
AS OF JULY 1, 1933
COMPILED BY
CHARLES F. SHARKEY, Chief
and
GEORGE D. PATTERSON, Jr., Assistant
Law Division
UNITED STATES
GOVERNMENT PRINTING OFFICE
WASHINGTON: 1933
For sale by the Superintendent of Documents, Washington, D.C.
-
Price 10 cents
Contents
Letter of transmittal______________________________________________
Legal aspects of prison labor_______________________________________
Text of laws relating to prison labor, 1933:
Alabama______________________________________________________
Alaska________________________________________________________
Arizona_______________________________________________________
Arkansas______________________________________________________
California_____________________________________________________
Colorado_______________________________________________________
Connecticut______________________ ______________________________
Delaware--------------------------------------------------------------------------------District of Columbia___________________________________________
Florida________________________________________________________
Georgia__________________________ _____________________________
Hawaii________________________________________________________
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__________________________________________________________
Oklahoma_____________________________________________________
Oregon------------------------------------------------------------------------------------Pennsylvania__________________________________________________
Philippine Islands______________________________________________
Puerto Rico____________________________________________________
Rhode Island___________________________________________________
South Carolina_________________________________________________
South Dakota__________________________________________________
Tennessee--------------------------------------------------------------------------------Texas_________________________________________________________
Utah__________________________________________________________
Vermont_______________________________________________________
Virginia_______________________________________________________
Washington____________________________________________________
West Virginia----------------------------------------------------------------------------Wisconsin---------------------------------------------------------------------------------Wyoming----------------------------------------------------------------------------------United States-----------------------------------------------------------------------------
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IV
CONTENTS
Appendix.—Laws of States taking advantage of the Federal act, regu
lating the sale, etc., of prison-made goods (as of July 1, 1933) :
Arizona_______________________________________________________
Arkansas_______________________________________________________
California--------------------------------------------------------------------------------Colorado_______________________________________________________
Idaho_________________________________________________________
Illinois___________________________________________________I
_____
Indiana_______________________________________________________
Iowa___________________________________________________________
Maine__________________________________________________________
Massachusetts__________________________________________________
Montana_______________________________________________________
New Hampshire_________________________________________________
New Jersey____________________________________________________
New York______________________________________________________
North Carolina__________________________________________________
Ohio__________________________________________________________
Pennsylvania________ __________________________________________
South Dakota__________________________________________________
Utah___________________________________________________________
Virginia_______________________________________________________
Washington____________________________________________________
Pase
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Letter of Transmittal
U
n it e d
S tates D e p a r t m e n t of L abor ,
B u rea u o f Labor S ta tis tic s ,
Washington, September W, 1933.
: I have the honor to transmit herewith a com
pilation of all of the Federal and State laws regarding the employ
ment or use of prison labor. This compilation constitutes a com
panion volume to Bulletin No. 595 entitled “ Prison Labor in the
United States, 1932 ”, which gives the results of a comprehensive sur
vey of the amount and character of prison labor in the Federal and
State prisons and in the city and county jails of the United States.
The two reports, taken together, give a very complete picture of the
present status of the whole subject of prison labor in the country.
Respectfully submitted.
Isad o r L u b in , Commissioner.
M adam S e c r e ta r y
H
on.
F r an ces P e r k in s ,
Secretary of Labor.
T
BULLETIN OF THE
U.S. BUREAU OF LABOR STATISTICS
n o . 59«
WASHINGTON
S e p te m b e r 1933
LAWS RELATING TO PRISON LABOR IN THE UNITED STATES
AS OF JULY 1, 1933
Legal Aspects of Prison Labor
In employing prison labor the various States have made use of
one or more of the penal-labor systems.
The systems are: (1) Contract system, under which an outside
contractor contracts with the institution for the labor of the pris
oners, during which time the institution houses, clothes, feeds, and
guards, etc., the prisoners; (2) piece-price system which is nearly
the same as the contract system except that under the piece-price
system the contractor agrees to pay a specified price per unit of out
put rather than a stipulated price per day as under the contract
system; (3) State-account system by which the State engages the
prisoners in productive enterprises and sells the product on the open
market and assumes all business risks; (4) State-use system, where
the institution carries on the business of production, but the use or
sale of goods is limited exclusively to State departments and agencies;
(5) public works and ways system, under which the prisoners are
engaged in the construction and repair of public works and ways
rather than in the production of goods for consumption; (6) lease
system, the system under which the State leases the prisoners to a
contractor for a specific amount per man per day, and the contractor
is usually given exclusive control of the prisoners. This system,
however, has been generally abandoned by the penal institutions.
A recent study made by the Bureau of Labor Statistics shows that
the lease system has “ entirely disappeared from both State and
Federal prisons.” 1
No matter which system is used, prison labor competes with free
labor to some extent, in the final analysis, to the detriment of the
labor of free men. It has been estimated that approximately 40 per
cent of the prison-made goods in the United States is sold within the
State and the remaining 60 percent is ultimately destined to be sold
in States other than that of their origin. Much opposition to the
1 See U.S. Bureau of Labor Statistics Bui. No. 595: Prison Labor in the United States,
1982. Washington, 1933, pp. 4, 5.
i
2
LAWS RELATING TO PRISON LABOR
production of prison-made goods has therefore developed, and it is
only natural for a State, in the protection of its sovereignty, to
object to its being made the dumping ground of such goods. At
tempts to check the inroads of prison-made goods have been unsuccessiul in the past upon constitutional grounds, especially so far as
shipment of goods in interstate commerce is concerned. Indirect
attempts have been made, however, by several of the States to lessen
the production of prison-made goods within the respective State.
In some States laws have been enacted requiring that all prison-made
goods shall be labeled, that sales shall be restricted, and that dealers
of such goods shall be licensed by the State authorities. However,
when this procedure has been applied to articles shipped in inter
state commerce, the courts in general have held that such laws are
not a proper exercise of the police power of the State.
The Court of Appeals of New York in 1898 decided a case
{People v. Hawkins, 157 N.Y. 1, 51 N.E. 257)2 which involved a
State law requiring that all goods made by prison labor should be
labeled “ convict made.” In this case, one Hawkins offered scrub
brushes for sale which were made in an Ohio prison, and were not
labeled as required by the provisions of the New York statute.
The court stated that “ the validity of the law must depend entirely
upon the exercise of the police power to enhance the price of labor
by suppressing, through the instrumentality of the criminal law,
the sale of the products of prison labor.” The court laid down the
general principle that a citizen could not be deprived of his prop
erty without due process of law. This principle, the court pointed
out, was not limited to the mere physical taking of property. Any
law, the court said, “ which annihilates its value, restricts its use,
or takes away any of its essential attributes comes within the pur
view of this limitation upon legislative power.” Any State which
permits property such as prison-made goods to come within its
jurisdiction in the regular course of trade cannot, the court said,
“ impair its value by hostile legislation without a violation of the
constitutional guaranties for the protection of property.” The
court held in the case that the New York statute was in conflict with
the State constitution and that it was an unauthorized limitation upon
the freedom of the individual to buy and sell, and that such legis
lation was not within the scope of the police power.
In 1910 the New York Court of Appeals, in the case of Phillips
v. Raney (198 N.Y. 539), affirmed the lower court upon the authority
of the case of People v. Hawkins. The court based its reasoning
on the conflict of the State law with the interstate commerce clause
of the United States Constitution.
One year prior to the decision of the case of People v. Hawkins
the Supreme Court of Ohio (Arnold v. Yanders, 47 N.E. 50)3 held
that a State law regulating the sale of prison-made goods which were
manufactured by convicts in other States was in conflict with article
1, section 8, of the United States Constitution.
In this case, one Yanders was charged with unlawfully exposing
for sale certain prison-made goods which had been manufactured in
a penitentiary of New York without having first obtained a license to
2 See also People v. Hawkins (1895), 32 N.Y. Supp. 524.
* See also In re Yanders (1892), 2 Obio Dec. 126,
LEGAL ASPECTS OF PRISON LABOB
3
sell such goods from the secretary of state of Ohio. The court in this
case held that the Ohio act was not a police regulation, but an act to
prevent the importation of prison-made goods from other States.
The court pointed out that if the State required a protection to its
citizens of such goods the appeal for relief must be made to the Con
gress of the United States, which legislative body has the power
legally to grant such relief. Whatever Congress, “ either by silence
or by statute, recognizes as articles of traffic and commerce”, the
court said, “ must be so received and treated by the several States.”
No act of Congress, it was shown, declares that convict-made goods
are not fit for traffic and commerce. It therefore follows, the court
said, that such goods are the subject of commerce and when trans
ported from one State to another become articles of interstate com
merce and entitled to protection as such. Any discrimination by a
State against such goods where offered for sale would be unconstitu
tional. The Ohio court showed that an act of Congress was neces
sary to give a State power to legislate in such cases. Under the Con
stitution the police power is reserved to the States and, the court
said, such States “ have the right to regulate internal trade so as to
protect the health and public welfare of the people, but this power
cannot be so extended as to encroach upon interstate commerce.”
In accordance with the practices permitted by the constitution of
Massachusetts the house of representatives of that State in 1912 called
upon the State Supreme Judicial Court for an opinion as to the con
stitutionality of a proposed measure which required prison-made
goods offered for sale in the State to be marked with the words
“ Convict made ”, whether such goods were manufactured within or
without the State. The court held that such a proposed law would
be an interference with interstate commerce, and the fact that it ap
plied also to goods manufactured within the State would not legiti
mate the act. The court said that there was nothing wrong in the
nature of things in prison-made goods. Such goods are not in their
nature unsanitary or so inferior in quality that a sale would consti
tute a fraud on the public. The proposed law, the court said, “ goes
beyond a lawful exercise of the police power in its direct effects
upon interstate commerce.” The measure, the court held, was not in
the interest of health but related to interstate commerce and there
fore could not be constitutionally enacted.
Laws have been enacted in several of the States restraining the
competition between free and prison labor. In such cases where
the goods are produced in the State and involve no contractual
rights of a person “ it would seem to be constitutional, at least as
far as the first sale is concerned. * * * Though the labeling and
licensing laws have not met with much success, the amount of convict
labor has been substantially restricted in a few States by statutory
or constitutional prohibitions against trade instruction to convicts
or the use of machinery by convicts.” 4
Other inhibitions enacted by the several States include the em
ploying of prisoners when the work conflicts with free labor or with
certain industries. The number of prisoners engaged in certain in
dustries is limited in some States. Articles which are extensively
* See Journal of American Institute of Criminal Law and Criminology, Chicago, August
1925, pp. 272-277.
4
LAWS RELATING TO PRISON LABOR
produced or manufactured are also prohibited, as well as the em
ployment of prisoners in printing or photoengraving work, railroad
or public works. In California it is unlawful to sell articles manu
factured by prison labor except such as are specifically sanctioned
by law. In New Jersey the law provides that no prison labor shall
be used to fill the places of free labor on strikes or lockouts, while
Connecticut forbids the employment of a person confined for a crime
in or about the manufacture or preparation of tobacco.
The Federal Government has taken cognizance of the prison-labor
question and insofar as it is possible has discouraged the practice
of manufacturing articles for sale in the open market, within its
own jurisdiction. The several tariff laws of the United States
*which have been enacted from time to time prohibit the importation
of convict-made goods. The Tariff Act of 1930 (ch. 497, 46 U.S.
Stat.L. 590), by the provisions of section 307 has prohibited the
importation of goods made by convict labor or forced or indentured
labor. The United States Treasury Department, under date of
November 24, 1930, promulgated certain regulations against the
importation of such goods.5
Certain contracts for or on behalf of the United States involving
the employment of labor must contain a stipulation forbidding, in
the performance of such contracts, the employment of persons under
going sentences of imprisonment at hard labor.6 (See also section
on United States laws, p. 131.)
During the period of the World War an Executive order7 was
issued which permitted the manufacture of war supplies in penal
institutions ox the United States. At the same time a concrete
demonstration of paying wages to prisoners was exhibited. The
Executive order specified that compensation to be paid inmates for
labor performed shall be based upon the standard wages prevailing
in the vicinity of the penal institution.
The Congress of the United States has also provided that no con
vict labor shall be employed on any project under the provisions
of the various emergency relief measures. The United States Con
gress has attempted to enact some form of legislation to curb the
evils of prison-made goods and the traffic in such goods between the
States for over a period of 25 years. The fruition of their efforts
materialized in 1929 upon the passage of the so-called Hawe,s-Cooper
Convict Labor Act.8 The act was signed on January 19, 1929, to
become effective 5 years from this date, namely, January 19, 1934.
The act in brief divests convict-made goods of their interstate char
acter. It is an enabling act whereby a State is constitutionally
authorized to pass its own laws regulating the sale, etc., of convictmade goods within its own borders. In the cases which have already
been referred to it was shown that a sovereign State under the Fed
eral Constitution could not usurp the powers of the Federal Gov
ernment over interstate commerce.
The sponsors of the Hawes-Cooper Convict Labor Act considered
the various constitutional inhibitions in framing the proposed law.
» See
• See
* See
•For
Monthly Labor Review, January 1931, pp. 128-130.
Presidential Executive Order of May 18, 1905.
Presidential Executive Order of Sept. 14, 1918.
text of law, see p. 134.
LEGAL ASPECTS OF PRISON LABOR
5
It has been reported that the proposed bill was drafted upon the
basis of the so-called “ Wilson Act of 1890.” 9 This act provided that
when intoxicating liquors were transported into any State or re
mained therein for use, the commodity should upon arrival in such
State be subject to the laws of that State under its police power and
should not be exempt by reason of being contained in the original
package. The United States Supreme Court upheld this law in the
case of WilJcerson v. Rahrer, 140 U.S. 545 (more commonly referred
to as the case of In re Rahrer, Petitioner) . In an opinion written
by Mr. Chief Justice Fuller the court held that Congress was em
powered under the Constitution to regulate commerce by making
goods shipped into a State subject to the laws of that State imme
diately upon reaching their destination.
The penal authorities in some States have already questioned the
constitutionality of the Federal convict labor law. Some of the
States have contended that since large sums of money have been
invested in equipment, plants, etc., that to deprive the various penal
institutions of an outlet for their products would be equivalent to
taking away their property without due process of law, and there
fore illegal under the Federal Constitution. It will remain for the
United States Supreme Court to decide ultimately this momentous
question of far-reaching importance.
While the Federal convict labor law does not become effective
until January 19, 1934, several States have already enacted legisla
tion taking advantage of the Federal act. Under the provisions of
the Federal act the States hereafter will dictate their own policies
relative to the sale, etc., of convict-made goods shipped into their
borders from other States. (For text of such laws see appendix,
p. 135.)
No attempt has been made to include workmen’s compensation
laws in the compendium of laws relating to prison labor. The
courts of the United States in general have held that a person
engaged in the manufacture of prison-made goods, etc., is not an
employee within the meaning of workmen’s compensation. The
Compensation Commission of Connecticut has reasoned that a con
vict who is injured may not receive the benefits of workmen’s com
pensation as he is not engaged in any contract of employment (Ryan
v. Metropolitan Chair Co., 1 Conn. Comp. Dec. 37). The Court of
Appeals of Georgia in 1927 held that a convict who was injured
while serving a sentence in a county chain gang was not an em
ployee of the county and therefore not entitled to receive compen
sation under the Georgia workmen’s compensation act. The
prisoner in this case accidentally injured his foot with an ax, was
confined to a hospital and upon completing his sentence filed a
claim with the Industrial Commission of Georgia. The commis
sioner in making his award held that the prisoner was not an
employee of the county, and in this contention the Court of Appeals
of Georgia upheld him. Compensation was therefore denied.
The use of prisoners in various prison industries has in many
instances subjected them to dangers greater than those experienced
by free laborers, since the labor is forced and there is probably
9 Hearings before House Committee on Labor on H.R. 7729, 1928.
6
LAWS RELATING TO PRISON LABOR
less incentive to protect such workmen against injury. Several
cases have arisen in which prisoners have received injuries for
which no relief was granted other than probably first aid and
hospital treatment. 'In 1926 the California Supreme Court held
that a convict injured while engaged in highway work was entitled
to compensation under the workmen’s compensation law of that
State (California Highway Commission v. Industrial Accident
Commission, 251 Pac. 808). During the following year, however,
the Legislature of California passed an act (ch. 653, Acts of 1927)
excluding certain convicts from awards under the workmen’s
compensation act. The law provides as follows:
S ec . 9. This act is not intended to restore, in whole or in part, the civil
rights of any convict used hereunder and said act shall not be so construed.
No convict so used on the State highway or roads shall be considered as an
employee or be employed by the State highway commission, nor shall any
such convict come within any of the provisions of the workmen’s compensation,
insurance, and safety act of 1917 or be entitled to any benefits thereunder
whether on behalf of himself or that of any other person.
The Legislature of New York in 1925 enacted a law providing for
the compensating of certain convicts who had received injuries of
a permanent nature. Two years later the Legislatures of Maryland
and Wisconsin passed laws extending the benefits of workmen’s com
pensation to convicts injured while engaged in prison industries.1
0
The Federal and State laws which relate to the employment of
prisoners or the sale of prison-made goods are reproduced or sum
marized below. Not every law bearing upon these subjects has been
selected but only those provisions are noted that have direct appli
cation to the nature of the employment, method of work, the dispo
sition of the product, earnings allowed convicts, and similar
regulations immediately affecting employment.
The laws have been grouped under four different headings where
possible. “ State and county prisoners ” includes the laws applying
to both State and county prisoners, also county prisoners engaged in
State work. “ State prisoners ” is used to include the laws applying
to prisoners serving in State institutions and employed by the State.
“ County prisoners ” is used with reference to those prisoners sen
tenced to terms in a county jail or workhouse, while “ municipal
prisoners ” refers to those sentenced in municipal jails or work
houses.
Matters within brackets is a summary or abridgement of the
text of the statutes, presented thus for the purpose of brevity of
statement.
"Monthly Labor Review, March 1929, pp. 117 and 118.
Text of Laws Relating to Prison Labor, 1933
[Laws regulating the sale, etc.. of prison-made goods under the Hawes-Cooper Aot arr
cited in the appendix, p. 185]
ALABAMA
STATE AND COUNTY PRISONERS
CODE, 1923
Section 1372. Employment on highways.—The courts of county commis
sioners, boards of revenue, or other like governing bodies of the several coun
ties of this State may work county and State convicts on the public roads and
bridges of their respective counties.
Secs . 1373,1374. Hiring.— [The governing bodies of the counties may hire con
victs to or from other counties, or may exchange convicts, or may hire convicts
from the State.]
S ecs . 3592, 3593. Duties of hoard.— [The State board of administration shall
adopt such rules as are necessary to prevent inhumane treatment or cruel or
excessive punishment of State and county convicts, and also to regulate the time
and amount of work to be performed by them and the manner of working them.
Inspection, etc., provided once in 2 weeks.]
S ec . 3637. Holidays.—Convicts sentenced to the penitentiary or to hard labor
for the county shall not be required to work on Sunday, Christmas Day, the
Fourth of July, or on Thanksgiving Day.
ACTS OF 1927
No. 70
Section 1. Work in coal mines prohibited.—From and after June 30, 1928, it
shall be unlawful to work any convict, State or county, in any coal mine of
Alabama.
Sec . 2. Leasing.—From and after June 30, 1928, it shall be unlawful to hire
or lease for any purpose any convict, State or county.
Secs . 3, 4. Penalty.— [F o r violation s im prison m en t fo r n ot less than 1 year
n o r m ore than 10 yea rs is provided .
a re exp ressly repealed.]
A ll la w s in con flict w ith these sections
No. 72
S ection 1. Rules applicable.— [All laws, etc., in regard to State convicts are
made applicable to county convicts kept and used by the State.]
Sec . 2. Public works.—“ Hard labor for the county,” as used in the law of the
State, shall include labor on the public roads, public bridges, and other public
works in the county and State, and authorizes the use of the county convicts
by the State board of administration in like manner as State convicts are now
used, or hereafter used.
Sec . 3. Delivery to State.— [County officials may deliver county convicts to
the State board of administration, to be thereafter treated as State convicts.]
Sec . 9. Powers of governor to terminate lease.—Nothing in this act shall pre
vent any county or counties of this State from keeping or working its or their
county convicts according to the law as it now exists or may hereafter be
enacted and no county convict shall be worked in any coal mine or worked
under lease to any person, firm, or corporation after June 30, 1928: Provided,
however, That the Governor of Alabama is empowered and is hereby author
ized to order any or all county convicts who are now working or who may here
after work in the coal mines of Alabama or under lease to any person, firm,
or corporation, removed from said mines and from said employment and declare
7
8
LAWS RELATING TO PRISON LABOR
any and all contracts under which said convicts are working or may hereafter
work terminated and on 90 days'* notice to the persons, firms, or corporations
so working said convicts, order and direct the State board of administration to
take charge of said convicts under the terms and provisions of this bilL
STATE PRISONERS
CODE, 1923
Section 1837 Cas amended 1927, eh. 347, sec. 37). Employment on highways.—
The State highway department may work convicts in the construction or main
tenance of public roads and bridges of Alabama as may now or may hereafter
be provided by law, or may work convicts in the construction, repairing, or
maintaining public roads or bridges by contract or agreement with the board of
administration, as to the number of convicts required to do such work: Provided, That the charge for labor of such convicts, shall not exceed $2 per day,
and no other expense incurred by the use of such convicts shall be chargeable
to the State highway department, except such necessary tools and implements
used in the construction, repairing, or maintaining of the public roads and
bridges upon which the convicts are employed.
Sec. 3611. Employment.—The State convicts shall be hired or employed at
such labor and in such places and under such regulations within the State as
may 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 treatment of the convicts.
Seo. 3648. Contracts.—The board of administration may, with the approval
of the governor, make contracts for the hire of the labor of convicts by the
day, month, or year, or term of years, the State in such cases controlling and
supporting the convicts.
Seo. 3662. Convict farms.—The board may, with the approval of the gov
ernor, cause to be made such improvement on any of the land owned by the
State as may tend to the benefit of the convict system, and enable them to work
such convicts as they may think proper at farming or other employments.
Seo. 3664. Improvement of convict system.—Any part of the net income from
the hire or labor of State convicts may, with the approval of the governor,
be applied to permanent improvements or manufacturing at the prison at
Speigner’s or elsewhere, looking to the more permanent employment of the
convicts of different classes.
COUNTY PRISONERS
CODE, 1923
Section 1359. Employment on highways.—The convicts of any county or
municipality may be worked upon the public roads, bridges, or ferries of the
county under the direction of the court of county commissioners, or board of
revenue, and said convicts may be worked in quarries, gravel pits or any plant
used for the production of road materials, although such quarry, pit, or plant
may be located in another county; or said convicts may be hired to or from
another county, or from the State.
Seo. 1360. Separate employment.—Convicts shall not be worked in squads
or companies, with other persons liable to road duty upon public roads,
bridges, etc., for the county. No woman convict shall be worked on the public
roads.
Sec. 1368 (as amended 1927, ch. 347, sec. 176). Females.—Nothing in this
article shall prohibit women from working and preparing meals for road
crews, composed of convicts.
Seo. 3675. Regulations.—All laws of the State and rules of the board of
administration in regard to State convicts shall apply also to county convicts
as far as applicable, except as otherwise provided by law.
Seo. 3677. Employment.—The court of county commissioners, or board of
revenue * * * from time to time must give directions, general or special,
for the employment of such convicts sentenced to hard labor for the county,
as are ordered to labor on the public works of the county.
Sec. 3684. Work on public roads.—Whenever the commissioners of roads and
revenues of a county deem it to the best interest of the county to use the county
TEXT OF LAWS, 1933
conflicts in building, repairing, and working the public roads of the county, they
may so work them under rules and regulations to be prescribed by the board
of administration, which shall be uniform throughout the State for working
county convicts on the public roads.
Sec . 3685. Public worTcs.— H a rd la b or fo r the cou n ty in clu d es la b o r on the
pu blic roads, p u b lic bridges and oth er pu blic w ork s in th e c o u n t y ; and authorizes
the le ttin g o f such con victs to h ire to la b or a n yw h ere w ith in th e State, as m ay
be determ ined b y the cou rt o f cou nty com m issioners, o r b oa rd o f revenue.
Seo. 3686. Female convicts.—No woman convicted of a public offense shall
be required to work as a laborer on any public highway in this State.
Seo. 3690. Place and kind of labor.— [Contracts must specify the place and
kind of labor to be performed, which may not be changed except on the recom
mendation of the court of county commissioners.]
ACTS OF 1923
No. 595
Employment by counties.— [In counties having a population of 75,000 to
95,000, the authorities may provide for the employment of county convicts
anywhere within the State. Real and personal property may be purchased or
leased for the purpose and the necessary equipment procured, the net revenue
to go to the road and bridge fund of the counties.]
ACTS OF 1931
No. 228
1. Convict labor used on school grounds.—After the passage and
approval of this act, commissioners’ courts, county commissions, boards of
revenue, or like governing bodies in all counties of this State may use convict
labor and any county equipment or machinery or may expend any necessary
sum of money for the improvement, beautification, or decoration of the grounds,
campus, or premises of any county school or schools under the control of boards
of education in such counties.
Section
ALASKA
COMPILED LAWS, 1*913
S ection 2082. Employment.— * * * The manner of such confinement
and the treatment of the persons so sentenced shall be governed by whatever
law may be in force prescribing the discipline of county jails: Provided, That
the United States marshal for said district may, under such regulations as
the Attorney General may prescribe, employ or cause to be employed upon
public works any or all persons sentenced to imprisonment in the jails or
the penitentiary within said district: And provided further, That for the
purpose of satisfying any judgment which may be given against a prisoner
for any fine, or for the costs and disbursements in the proceedings against
him, such prisoner shall be credited with $2 for every day’s labor performed
by him in pursuance hereof.
ARIZONA
STATE PRISONERS
REVISED CODE, 1928
Section 1683. Employment on highways.—The board of directors of State
institutions may cause persons imprisoned in the State prison to labor and
be employed upon the construction, repair, or maintenance of State highways
and bridges if an agreement therefor has been made with the highway
commission, and if not objected to by the supervisors of the county where the
work is to be done. The superintendent of the State prison shall furnish such
number of men as the board of directors of State institutions may direct,
and cause them to be removed to the places where such work is to be done.
The State engineer may establish and maintain camps or enclosures for
the men while so employed, and may, with the approval of the board, make
10
LAWS RELATING TO PRISON LABOR
rules and regulations governing the conduct of the men while in such camps
or enclosures and while engaged in such work, and enforce the same.
Sec. 5318. Work time.—The board shall require of every able-bodied con
vict as many hours of faithful labor in each day, during his term of im
prisonment, as shall be prescribed in the rules of the prison, and every
convict faithfully performing such labor * * *, shall be allowed from his
term a deduction of 2 months in each of the first 2 years, 4 months in
each of the next 2 years, and 5' months in each of the remaining years of his
term. * * *
Sec.. 5331. Prison farm.—The State prison farm and water rights appur
tenant thereto, heretofore acquired by authority of law, may be further aug
mented by the board of directors by designation of school or public lands
of the State, when the board shall deem it expedient and the present farm
insufficient.
Sec. 5332. Sale of products.—The superintendent of the State prison shall
have general charge of the cultivation of the farm, raising such crops as may
be considered of the greatest market value to the State, giving preference
to such crops as may be needed to supply the various State institutions. He
may employ inmates of the State prison, and may purchase such machinery,
tools, and supplies therefor as may be necessary, under the direction of the
board. All crops raised shall be sold by the superintendent, under the direc
tion of the board, giving preference to the various State institutions, and the
proceeds thereof shall be paid into the general fund of the State.
COUNTY PRISONERS
REVISED CODE, 1928
848. Employment of prisoners.—The sheriff may, under the direction
of the board of supervisors, employ prisoners who have been sentenced to
imprisonment in the county jail, at such labor or occupation in or about the
courthouse or jail as he may deem necessary.
Sec. 5344. Time of employment.—When any person shall be sentenced for
a misdemeanor to serve a certain number of days in any county jail, the court
imposing such sentence may order that the person so sentenced shall be kept
at hard labor during the term of such sentence, or for any part thereof. When
any such person shall be sentenced to hard labor therein, and any mode of labor
shall be provided, the sheriff shall cause such prisoner to be kept constantly
employed during every day, Sunday excepted, and, when such prisoner is dis
charged, shall report such labor to the board of supervisors. The sheriff may,
with the consent of the board, provide labor for such prisoners, if they deem
it expedient and profitable to do so, either inside or outside of said jail.
Sec. 5345. Public works.—The sheriffs may, with the consent of said board,
from time to time cause such of the prisoners under their charge as are capable
of hard labor, to be employed on any of the public streets, highways, or other
works, where the same will not conflict with free labor, in the county in
which such prisoners shall be confined. If any person shall be convicted by
a justice in a precinct having a branch or subcounty jail, and be sentenced
to imprisonment for a period not to exceed 30 days, such party may be
employed upon the highways, or streets of the precinct in which the offense
was committed.
Section
ARKANSAS
STATE AND COUNTY PRISONERS
CRAWFORD AND MOSES’ DIGEST, 1921
Section 5213. Road work.—The department of State lands, highways, and
improvements shall employ and work as many of the State convicts on the
public roads as may not be otherwise employed by the penitentiary authori
ties. State convicts being worked on the public roads shall be under the care
and management of the wardens and other officers named by the penitentiary
authorities, but the department of State lands, highways, and improvements
shall determine the work to be done by such convicts, and the time, place, and
manner of such working. The pay of wardens and the cost of clothing of
State convicts while on the public roads shall be borne by the State. The
cost of feeding and housing such convicts shall be borne by the county or
improvement district where they may be worked.
TEXT OF LAWS, 1933
11
Seo. 5214. Same.—It shall be lawful to provide in any highway charter for
working the male county convicts of any county on the public roads and high
ways of that county. But if the county convicts are to be worked in any dis
trict which is not coextensive with the county from which they came, then
the working of such convicts shall have to be approved by the county court
having jurisdiction thereof, which approval shall rest in the sound discretion
of said court, irrespective of any vote or endorsement by the electors of the
district.
Sec. 5217. Road materials.—Whenever practical, the department of State
lands, highways, and improvements may engage such number of State or
county convicts as may be available in preparing road materials at quarries or
elsewhere, and the expenses of such work shall be charged to the State or the
county or district receiving such materials.
Seo. 5362. Power of court.—In each county in this State where the county
court has levied a road and bridge tax under this act, the county court may
order the county prisoners, convicted from time to time of misdemeanors, to
be worked upon roads and bridges in such road district as the court shall
order; and each person convicted and fined shall work in such district, under
the overseer, 1 day for each 75 cents of the fine and costs, where the overseer
feeds the prisoner, but where the prisoner pays for his own board, he shall
be allowed $1 for each day he works until he has worked out the fine and
costs. While the prisoner is at work under the overseer, he shall be controlled
and directed by the overseer, and the overseer shall be paid by the county not
to exceed 50 cents for each day for each prisoner he feeds while under his
control.
Seo. 5363. Refusal to work.—Where the prisoner is convicted and ordered
to work out the fine and costs, as set forth in the preceding section, and he
fails and refuses to work in good time and proper manner, as directed by the
overseer, then he shall not be credited with the time for such day, or part of
day, as he fails to work, and shall be held in custody until he pays or works
out the fine and cost.
Sec. 5393. Hours of work.—No convict shall be worked longer than 10 hours
in any one day, * * *.
Sec. 5395. Females.— [No female convict may be required to work on the
roads.]
STATE PRISONERS
CRAWFORD AND MOSES* DIGEST, 1921
9658. Sale of produce.— [Goods are to be sold by the penitentiary
board, after a proper classification of the goods and a thorough ascertainment
of their market value.]
Seo. 9693. Farms.— [The board of penitentiary commissioners is directed to
use and work all convicts on the State farms in cultivating crops, clearing
up, draining, or other farm work. The purchase and equipment of a farm for
the purpose of employing white convicts is authorized.]
Seo. 9694. Convicts not to be leased.—The said commission shall not hire
out or lease, or permit any person to hire out or lease any of the convicts of
this State to any person or persons whomsoever.
Seo. 9695. Road work.—The commission may in its judgment and at such
times as such convicts are not occupied in making and gathering crops, or
otherwise employed in work for the State, order the roads leading to and in
the neighborhood of the several camps now occupied or which may hereafter
be occupied by said convicts, worked and repaired by said convicts: Provided,
That nothing in this act will require State convicts to work said roads for
a greater number of days for each man than is now allowed by law for the
regular road hands: And provided further, That nothing in this act shall repeal
any law which requires the regular road hands to work said roads.
Section
ACTS OF 1923
A ct No. 128
1-6. Limestone.— [Provision is made for the establishment of lime
stone crushing stations, the product of such stations is to be sold to the farmers
of the State at actual cost.]
4705°—38— 2
——
Sections
12
LAWS RELATING TO PRISON LABOB
A ct No. 328
Sections 1— Prison industries.— [These sections authorize the penitentiary
7.
board to establish and operate factories either at the penitentiary or at the
penitentiary farms of the State. The factories must not involve hazardous
risks on the part of the convicts and must provide healthful employment for
them. The manufacture of cotton goods, furniture, brick, twine, etc., is sug
gested. The convicts must not be required to work more than 6 consecutive
hours nor work more than 11 hours during any one day or 61 hours during
any one week. The sale of the products on the open market is apparently
contemplated.]
ACTS OF 1925
A ct N o.
152
S ection 1. Work on highways.—The board of charities and correction is
hereby authorized to hire any convicts in the State penitentiary to work upon
the public highways in this State or do any other useful agricultural work:
Provided, That said convicts while so employed shall at all times be under the
management and custody of said board and the regular penitentiary super
intendent and wardens and shall be humanely treated and worked only a
reasonable number of hours each day: And provided further, That said con
victs shall not be leased for any definite period, but shall be worked by the
day for reasonable wages to be paid by the State highway commission or
person for whom said work shall be done into the State treasury to the
credit of the penitentiary fund, provided said wages shall not be less than
$1.50 a day.
S ec. 2 (as amended 1927, Act No. 170). Leasing land.—The penitentiary
board is hereby authorized to enter into contract on behalf of the State with the
leasing of such lands from such owner or owners whereon to work said convicts
in the making and gathering of crops for the State, on such terms as said
board may deem to be for the best interest of the State. If said board shall
deem it necessary or for the best interest of the State so to do, it is hereby
authorized to contract on behalf of the State for the purchase of and to buy
such additional lands as, in the opinion of said board may be needed for the
profitable employment of the State convicts and said board may enter into such
agreements for the payment for any such additional lands as it may deem for
the best interest of the State, and if such land be purchased on installment
payments, said board may agree and contract for the payment of such reason
able rate of interest on such installments as it may deem proper.
ACTS OF 1983
A ct No. 30
Board of penal institutions.— [The act creates a board of penal institutions
for the control and management of the State penal institutions. Power is
given the board to establish within the penitentiary or penitentiary farms such
industries and factories as they may deem to be in the best interest of the
State and the welfare of the convicts confined therein. The act also provides
that the products of such industries and factories shall be sold at the prevailing
market price, giving preference to the State whenever possible in the sale of
such goods.]
COUNTY PRISONERS
DIGEST OF STATUTES, 1921
S ection 2046. Labor required.—Any person who may be convicted of any
misdemeanor or petty offense in any of the courts of this State, and who shall
be committed to jail in default of the payment of the fines and costs adjudged
against him, shall be required to discharge such fines and costs by manual
labor in any manual labor workhouse, or any farm attached thereto, or any
road, bridge, or other public work in the county where the conviction and
committal were had.
S ec . 2047. Compensation allowed.— I f any person so con victed be an artisan
or m echanic, and b e put to la b or in any m anual la b or w orkh ouse, o r on any
TEXT OF LAWS, 193 3
13
bridge or other public improvement, he shall be allowed a reasonable com
pensation for such labor; but such compensation shall not be paid to said
artisan or mechanic.
Sec. 2048. Hiring.—Sections 2046 and 2047 shall not be so construed as to
prohibit the employment of said county convicts on other than public works,
but it shall be lawful to hire out such persons to any individual, company, or
corporation.
Sec. 2060. Same.—The county court or the judge thereof in vacation is
authorized and empowered to make a contract with some responsible person or
persons for the maintenance, safe-keeping, and working of prisoners committed
to the county jail except prisoners awaiting trial; * * *.
Sec. 2061. Bridges and road worfo.—Nothing in the preceding section shall
prevent the county judge from working prisoners on bridges and highways.
Seo. 2081. Employment outside of county.—In case the county court or judge
thereof is unable to make a contract with any person in the county as provided
in section 2060, the court or judge thereof may contract for the work of its
prisoners with some person in some other county of the State, according to the
provisions of this act; and if the county court or judge thereof be unable to
make a satisfactory contract with some person of some other county, then the
county court or judge thereof may order the prisoners to be worked on the
public roads, bridges, levees, or any other public improvements of the county,
or perform any other lawful labor for the benefit of the county, under such
rules and regulations, not inconsistent with the provisions of this act, as the
county court or judge thereof may prescribe: Provided, That plenary power
is hereby conferred upon the county levying court, at its regular meeting, to
authorize the county court or the judge thereof in vacation, to purchase in the
name and for the benefit of the county a tract of land not to exceed 640 acres,
or the levying court shall have the power, if it deem best, to direct the court
or the judge thereof in vacation, to lease in the name and for the benefit of the
county, a farm upon which the county prisoners shall be worked under the
provisions of this act.
Seic. 5330. Employment under overseer.—When the county court shall have
made an order, as provided in section 2081, compelling the county prisoners to
work on the public roads, levees, bridges, or other public improvements of the
county, said prisoners shall perform said services under the direction of the
overseer in any district that the county court and the road commissioner may
direct. And, in case the county court shall order that said county prisoners
shall be so worked and employed, said overseer shall take charge of, manage,
and control such prisoners, and adopt such means as may be necessary to pre
vent their escape, and shall be responsible for the safe-keeping of said prisoners.
Sec. 5331. Credit.—Each prisoner worked, as provided in the preceding sec
tion, shall be credited with the sum of 75 cents on the fine and costs adjudged
against him for every full day’s labor so performed by him when he is kept
and fed by the overseer, and shall be credited with the sum of $1 for each
day’s labor when he boards himself. The overseer shall be paid by the county,
not to exceed 50 cents for each prisoner he feeds and keeps while they are
performing such labor per day.
CALIFORNIA
STATE PRISONERS
CONSTITUTION
A rticle X
6. Contract system prohibited.— * * * The labor of convicts
shall not be let out by contract to any person, copartnership, company, or cor
poration, and the legislature shall, by law, provide for the working of convicts
for the benefit of the State.
S ection
DEERING’S PENAL CODE, 1931
679a. Sale of goods.—1. It shall be unlawful for any person to sell,
expose for sale, or offer for sale within this State, any article or articles man
ufactured wholly or in part by convict or other prison labor, except articles the
sale of which is specifically sanctioned by law.
Section
14
LAWS RELATING TO PRISON LABOR
2. Every person selling, exposing for sale, or offering for sale any article
manufactured in this State 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.
Seo. 1586. Employments.—All convicts may be employed by authority of the
board of directors, under charge of the wardens respectively and such skilled
foremen as he may deem necessary in the performance of work for the State,
or in the 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 may make from time to time may be sold. The money received from
the sale of said needlework shall be paid to the warden and placed to the credit
of the woman who made the same. Upon the release of such woman the money
shall be paid to her. At Folsom after the completion of the dam and canal the
board may commence the erection of structures for jute manufacturing pur
poses. The board of directors are 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 by the State, for
cash, at private sale, in such manner as provided by law.
Sec. 1587. Discharge.— [On discharge convicts receive any sum which may
have been earned by them for their own account or allowed by the State for
good conduct or diligent labor.]
DEERING’S GENERAL LAWS, 1931
A ct
1677 (as amended 1933, ch. 888)
Road work.— [The State highway commission may employ, or cause to be
employed, convicts confined in State prisons in the construction, improvement,
and maintenance of the State highway system. Convicts employed on requisi
tion of this commission shall be sent by the prison directors to the place desig
nated and shall receive not to exceed $2.50 per day for actual working time.
Against this sum are charged the costs of the maintenance of the camp, ex
penses of transportation, clothing, food, tools, etc., the law providing that “ in
no event shall convicts earn more than 75 cents net per day.” Convicts
employed under the provisions of this act are not allowed to engage in building
bridges or structures of like character which require the employment of skilled
labor. However, no convict used on the State highways shall be considered
as an employee nor shall any such convict come within the provisions of the
State workmen’s compensation act.]
A ct
3952
Jute goods.— [The State board of prison directors is authorized to adopt rules
and regulations for the sale of jute goods, the same to be approved by the State
board of control. The price of jute bags is to be fixed annually in the month
of January, sales to consumers to be made only until the 1st day of April
of each year, after which any surplus remaining unsold may be disposed of to
anyone in such quantities and at such prices as the board of prison directors
may deem proper.]
A ct 3953a
Selling price of jute goods.— [The State board of prison directors shall from
time to time fix the price at which jute goods shall be sold by the State, which
price so fixed shall not be more than 1 cent per bag in excess of the net cost
of producing the same exclusive of the labor of prisoners and guards.]
A ct
4636
Section 1. Marking' goods.—No person, persons, firm, or corporation, by
themselves, their agents, or employees 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 at a State penitentiary, State reform
school, or at any other institution supported at public expense and located
without 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
TEXT OF LAWS, 1933
15
Inch In height, designating the State penitentiary, State reform school, or other
public institution where said article was manufactured.
S ec . 2. Notice.— [Any person keeping such goods on sale must post in a
conspicuous place a notice at least 12 inches in length by 6 inches in height
stating that such goods are on sale.]
A ct 6101
Grain tags.— [Purchase of California-grown hemp is authorized for the
manufacture of grain bags to be sold the same as jute bags are sold.]
A c t 6102
Road materiaZ.— [The establishment of a rock or stone crushing plant at one
or both of the State prisons is authorized when it appears that 50,000 cubic
yards of prepared road or highway material will be taken, the plant to be operated
by convict labor with such free labor as is necessary for superintendence and
direction.]
A c t 6109
Road work.— [The State prison directors are authorized and directed to
employ at least 20 prisoners daily in fair weather on the public roads within 6
miles of San Quentin State Prison or the Folsom State Prison in Sacramento
County.
A ct 8062
S ection 1. Employment of prisoners.— The State board of prison directors
are hereby authorized and empowered to cause the prisoners in the State
prisons of this State to be employed in the production and manufacture of such
articles, materials, and supplies as are now, or may hereafter be, needed by
the State, or any political subdivision thereof, or that may be needed for any
State, county, district, municipal, school, or other public use, or that may be
needed by any public institution of the State or of any political subdivision
thereof. The State board of prison directors are further authorized and
empowered to purchase, install, and equip such machinery, tools, supplies,
materials, and equipment as may be necessary to carry out the provisions ot
this act.
S ec. 2. Kind of articles made.—The State board of prison directors, in con
junction with the State board of examiners, and subject to the approval of
the Governor, shall, from time to time, determine the kind, quality, and quan
tity of the several articles, materials, and supplies to be thus produced and
manufactured, and shall also, from time to time, determine the price at which
such articles, materials, and supplies shall be sold, which price shall be as
near the prevailing market price as possible.
Sec. 3 (as amended 1933, ch. 6 4 0 ). Sales restricted.—After the passage of this
act all articles, materials, and supplies, herein authorized to be produced or
manufactured, shall be purchased from the State prisons of this State, and at
the prices fixed in the manner herein provided, except such articles, materials,
and supplies as the State prisons are unable to furnish: Provided, however,
That on and after January 19, 1934, no goods, wares' or merchandise, manufac
tured, produced or mined, wholly or in part, by convicts or prisoners, except
convicts or prisoners on parole or probation, or in any penal and/or reforma
tory institutions, and except commodities manufactured in Federal penal and
correctional institutions for use by the Federal Government, shall be purchased
or used by this State or any agency thereof, or by any county, city, district,
or political subdivision, or by any officer, employee, or agency thereof, except
such as may be manufactured, produced, or mined, wholly or in part in the
State prisons of this State.
S ec. 7. Public use only.— A ll articles, m aterials, and supplies produ ced o r
m an ufactu red u n der th e p rov ision s o f this a ct shall be solely and exclu sively
fo r pu blic use, and no article, m aterial, o r supplies produ ced or m an u factu red
under the provision s o f this a ct shall ever be sold, supplied, furn ish ed , e x
changed, or given aw ay, f o r any priva te use o r profit w hatever.
Seo. 8. Marking.— E ach and every a rticle m an ufactu red under the provision s
o f this a ct shall h av e p la in ly m arked o r stam ped thereon eith er th e w ord s
16
LAWS RELATING TO PRISON LABOR
“ San Quentin Prison ” or the words “ Folsom Prison ”, according as such article
may be manufactured at one or the other of said prisons.
Seo. 9. Jute products exempt.— [Nothing in this act in any manner affects the
laws regarding the manufacture and sale of jute products or the law relating
to the crushing of stone or rock for sale.]
A ct
8062a
S ection 1. Labeling convict-made goods.—No person, firm, partnership, asso
ciation, or corporation within this State shall sell or offer, trade, consign, keep,
expose, or display for sale any goods, wares, or merchandise manufactured,
assembled, produced or mined in whole or in part by convicts or prisoners in
any penitentiary, prison, reformatory, or other establishment in which convict
labor is employed, unless such convict-made goods, wares, or merchandise are
plainly, legibly, conspicuously, and indelibly branded, molded, embossed, sten
ciled, or labeled with the words “ Convict-made ” in plain, bold letters fol
lowed by the name of such penitentiary, prison, reformatory, or other estab
lishment in which the goods, wares, or merchandise were made.
It is hereby specifically provided that any article of convict-made goods,
wares, or merchandise, as described in paragraph 1 of this section, may be
labeled by the attachment of a label not smaller than 4 inches long and
2 inches wide, upon which is printed the words “ Convict-made ” in plain,
bold letters followed by the name of such penitentiary, prison, reformatory,
or other establishment in which the goods, wares, or merchandise were
made: Provided, That in the judgment of officials charged with the enforce
ment of this act such convict-made goods, wares or merchandise cannot be
legibly, conspicuously, and indelibly branded, molded, embossed, stenciled,
or labeled as provided in paragraph 1 of section 1 of this act.
The size and type of such stenciling or label must be consistent with the
size and character of the merchandise to which such stenciling or label
applies. The size, type, and character of such stenciling or label will be
subject to the approval of the officials of the State of California responsible
for the enforcement of this act.
S eo. 2. Disinfection of goods.— [Goods manufactured in State prisons must
be disinfected or sterilized in a plant located in California and licensed by the
State department of health before they are sold. Certificate of disinfection
must accompany, be stamped on, or attached to such goods.]
Seo. 3. Notice.— [No person, firm, etc., shall sell prison-made products unless
they shall keep permanently and conspicuously displayed within the same
enclosure, and within 10 feet of the place where said convict-made goods are
displayed, a suitable sign on which appear in legible letters not less than
2 inches high the following words: “ Convict-made products on sale here.” ]
Sec. 4. Advertising convict-made goods.— [W h en a dvertisin g con vict-m a de
goods in any pu blication the w ord s “ C o n v ict-m a d e” m ust be in serted in
such advertisem en t.]
Sec. 5. California prison industries not included.— T h e provision s o f th is
a ct shall n ot app ly to any goods, w ares, or m erchandise m a n u fa ctu red in a n y
pen iten tiary or prison o f this State.
Secs. 6-10. Enforcement; constitutionality.— [Violations are punishable by
fine of $50 to $500, or imprisonment, or both. Enforcement of act placed
under superintendent of weights and measures who is given power of inspection,
etc., over premises or records of firm selling such goods.]
A ct
8063
Road work without compensation.—When any public road is a principal
means of access to any State prison or the Preston School of Industry the
governing body of such prison or school, with the consent of the board of
control, may arrange with the State highway commission or the board of
supervisors of the county in which said road is located for the employment
of the inmates of such institution in the improvement or maintenance of said
road, under supervision of the officers of the institution and without compen
sation to the inmates so employed.
TEXT OP LAWS, 1933
17
COUNTY PRISONERS
DEERING’S PENAL CODE, 1931
S e c t i o n 1613. Public works and ways.—Persons confined in the county jail
under a final judgment of imprisonment rendered in a criminal action or pro
ceeding, may be required by an order of the board of supervisors to perform
labor on the public works or ways in the county.
The phrase “ labor on the public works ” as used in this section shall
include, among other things, clerical and menial labor in the county jail or
in the camps maintained for the labor of such persons upon the ways in
the county.
DEERING’S GENERAL LAWS, 1931
A ot 3593
Farms, etc.— [The establishment of industrial farms or industrial road
camps in each county of the State is authorized, if the board of supervisors
adopts a resolution to that 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 employed on such
farm or in a road camp and who have dependents shall be credited with
not more than $2 for each day of 8 hours worked, other persons to be credited
with not more than 50 cents for each day of 8 hours worked. Actual amounts
shall be fixed from time to time by the board of State supervisors.
The work done shall be of a productive nature, the production to be used
first, to maintain the prisoners and employees on such farm; second, to
supply other county institutions having need of the farm’s products; third,
to supply the needs of the paupers, incompetents, poor and indigent persons,
and those incapacitated by age, disease, or accident with whose relief and
support the county is charged.]
DEERING’S POLITICAL CODE, 1931
Section 4041.12. Powers of county board.—Under such limitations and restric
tions as are prescribed by law, and in addition to jurisdiction and powers other
wise conferred, the boards of supervisors, in their respective counties, shall have
the jurisdiction and powers to provide for the working of prisoners confined in
the county jail, under judgment of conviction of m isdem eanors, under the
direction of some responsible person, to be appointed by the sheriff whose com
pensation shall not exceed $125 per month, upon the public grounds, roads,
streets, alleys, highways, or public buildings, or in such other places as may be
deemed advisable, for the benefit of the county.
COLORADO
STATE AND COUNTY PRISONERS
COMPILED LAWS, 1921
S e c tio n 7138. Labor may be required.—Whenever any person shall be law
fully sentenced for crime by the judge of any district court in this State, to
imprisonment in the State prison, or to any county jail, it shall be competent
for the court awarding such sentence to incorporate therein a provision that
the person so sentenced shall be kept at hard labor during the term of such
imprisonment, or for any specified portion thereof, as may be adjudged by the
said court.
Sec. 7139. Employment.—It shall be the duty of the keepers of the said sev
eral 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 with the
board of county commissioners for the proceeds of such labor; and in all such
cases it shall be lawful for the said jailer, with the consent of the county com
missioners of the county in which such jail may be situated, to provide labor
for such prisoners, if they deem it expedient and profitable so to do, either
inside of the jail or outside of its limits.
18
LAWS RELATING TO PRISON LABOR
S ec. 7140. Road loork; mines.— T h e keepers o f said p rison s sh a ll respectively
have pow er, w ith th e consent o f the county com m issioners o f said cou nties, from
tim e to tim e to cau se such o f the con victs under th eir ch a rge a s are ca pa b le o f
h ard la b or to be em ployed on any o f the p u b lic avenues, streets, h igh w a ys or
oth er w orks, quarries or m ines, in the cou nty in w hich such prison ers shall be
confined, o r in any o f the a d join in g counties, u pon such term s as m ay be a greed
upon betw een the said keepers and the officers or oth er person s u nder w h ose
direction s such con v icts shall be placed.
STATE PRISONERS
COMPILED LAWS, 1921
S ection 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 pre
cluded by the terms of the judgment of conviction, shall perform labor, under
such rules and regulations as have been or may be prescribed by the board of
commissioners.
S ec. 768. Same.—Every able-bodied convict shall be put to, and kept at, the
work most suitable to his or her capacity, and most advantageous to the people
of the State of Colorado, and which may least conflict with 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 re
tention, shall be given to the family of such convict, or dependents, if there be
any; if there be none, the same accumulated shall be paid to such convict upon
discharge from the penitentiary.
ACTS OF 1923
C h apter 88
Propagation of fish.— [Boards of county commissioners may engage the serv
ices of trusty convicts in the State penitentiary or reformatory to build ponds
and ditches for the stocking and propagation of fish. The warden of the State
penitentiary retains full control of the men so employed.]
ACTS OF 1925
C hapter
141 (as amended 1927, ch. 63)
Manufacture of license plates.— [The State board of correction is authorized
to employ the convicts in the State penitentiary and reformatory in manu
facturing the necessary number of license plates needed for motor vehicles in
Colorado. Specifications and amount to be determined by the secretary of state.
Authority is also given for making license plates for sale to other States, at
a price to be determined by the State board. The State treasurer is required
to set aside the necessary amount of money, received from the sale of the
license plates, to purchase materials, etc., for the manufacture of such license
plates the following year.]
ACTS OF 1931
C hapter s
133 and 134
Employment on highways.— [Upon request of the State highway engineer,
wardens of the State penitentiary and reformatory with the approval of the
board of correction, shall furnish convicts for work upon the State highways.
Camps are to be established for their accommodation, under the supervision of
the warden of the prison from which the convicts are taken. However, the
engineer in charge of the construction work shall have full charge of all labor.]
ACTS OF 1933
C h a pter
149
S e c t io n 1. Sale of prison goods prohibited.—It shall be unlawful for any
person or persons or corporation to use, consume, sell, or store in this State,
goods, wares, or merchandise manufactured, produced, or mined, wholly or in
TEXT OF LAWS, 1933
19
part, by convicts or prisoners in the State penitentiary and the State reform
atory, except as provided in this act. The provisions of this act shall not
apply to goods, wares, or merchandise manufactured, produced or mined by
convicts or prisoners on parole or probation.
Sec. 2. State-use system.—As many prisoners as circumstances permit who
are sentenced to the State penitentiary or the State reformatory shall be em
ployed in the production and manufacture of such produce, articles, materials,
and supplies as now are or may hereafter be needed by the State or by any
public institution or agency owned, controlled, or managed by the State.
Sec. 3. Contract system forbidden.—It shall be unlawful for the Colorado
Board of Corrections, hereinafter referred to as “ the board” or any of the
officers or employees of the State penitentiary or the State reformatory to
make or enter into any contract, agreement, or other arrangement by which
the labor or time of any prisoner in said institutions or the product or profit
of his work or labor shall be contracted, let, farmed out, given, sold, or ex
changed to any person, firm, association, or corporation, except as provided
in this act, but the said board may, at the request of the State highway de
partment or at the request of the county commissioners of any county, employ
or cause to be employed the prisoners of said institutions in the construction,
maintenance, or repair of State or county highways in the manner now provided
by law, or in any other work for the State, its institutions or agencies. Any
person, firm, or corporation violating any of the provisions of this section,
shall upon conviction thereof be fined not less than $100 nor more than $1,000.
Sec. 4. Equipment; regulation.—The board shall have fu/1 power and authority
within their appropriation to purchase or otherwise acquire real estate, to
erect such building or buildings and to purchase, install, and equip the same
with such machinery, tools, supplies, and materials as are or may be necessary
for the purpose of carrying out the provisions of this act; to establish such
rules and regulations as may be necessary governing the employment, conduct,
and management of such prisoners when employed as herein provided, and to do
or cause to be done every and all things necessary to be done to fully carry
out the purposes of this act.
Sec. 5. Products.—The board is hereby authorized and directed to cause to be
manufactured, mined, supplied, or produced, articles, materials, and supplies
which can be used by the State and in the several departments and institutions
thereof and which can be manufactured or produced by the prisoners of said
institutions. Such goods and products shall be furnished to the State and to
the several departments and institutions thereof at or near the prevailing mar
ket price for such goods and products as shall be practical, and no articles,
materials, or products so mined, manufactured, or produced shall be purchased
from any other source for the State or the several departments or institutions
thereof unless the board shall first certify that the same cannot be furnished
at a price within 10 per centum of that at which goods and products mined,
manufactured, or produced within the State of Colorado, and of an equal
quality, can be obtained from other sources. Said prices shall be considered
on a comparable basis, giving due consideration to the cost of delivering said
goods and products to the institution or department where same are to be used
or consumed, and no claim therefor shall be audited or paid without said cer
tificate, subject, however, to any laws, rules, or regulations providing for cen
tral State purchasing.
S ec . 7. Sale price.— T h e boa rd shall fix and determ ine the p rice a t w hich all
la b o r p erform ed, and at w hich all articles, supplies, and p rodu cts so m a n u fa c
tured, m ined, o r produced shall be sold, w hich price shall be as n ear the pre
v a ilin g m arket p rice fo r a rticles, supplies, and produ cts o f lik e kin d and
qu a lity as shall be practical.
Se3C. 8. Diversified industries.—The board shall, after having the facts at
hand regarding the needs of the various State institutions, authorized the devel
opment of such industries along diversified lines at the pentitentiary and
reformatory. In making their requisitions, the heads of departments and insti
tutions shall specify quantity and quality, and it shall be for the board to
decide whether or not that quality has been met by the products produced at
the penitentiary or reformatory. The board shall see that these institutions
maintain a quality of output comparable fundamentally to those goods pro
duced on the open market.
*Seo. 9. Payment of wages.—Every inmate of the State penitentiary or the
State reformatory who shall be entitled to trustyship because of good conduct
20
LAWS RELATING TO PRISON LABOR
may at the discretion of the warden of the State penitentiary or the warden of
the State reformatory receive compensation for the work he performs in the
various activities of the institutions. The rate of compensation as applied to
all classes of work and to the individual worker shall be determined by the
board after consultation with the warden. The board shall have power to
make rules and regulations relative to the payment of wages and their dis
bursements, and there shall always be kept copies of these rules and regulations
and the amendments thereto, so that at no time may there be any question
about this subject.
Sec. 15. Repealing clause.—Sections 780 to 798, both inclusive, Compiled
Laws of Colorado, 1921, and all acts or parts of acts in conflict herewith are
hereby repealed.
ACTS OF 1933
C hapter
135
S ection 2. Automobile license plates.—The Colorado Board of Corrections is
hereby directed to cause to be manufactured by the convicts in the State peni
tentiary all license number plates required to be furnished by this State under
the statutes thereof relating to motor vehicles. Such license plates shall be
manufactured in the amount and in accordance with the specifications and re
quirements of the secretary of state as approved in writing by the State audit
ing board. And the said board of corrections is hereby directed to cause such
license plates to be manufactured pursuant to such specifications and require
ments and to cause the same to be delivered as directed by the secretary of
state not later than 6 months after receiving said order.
S ec . 3. Road signs.— [T h e b oard is also d irected to engage the prison ers in
m akin g roa d signs, m arkers, etc., fo r sale w ith in or w ith ou t the State.]
COUNTY PRISONERS
COMPILED LAWS, 1921
S ection 8878. Employment.—Whenever any able-bodied male prisoner is
confined in 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 therefor, the sheriff of such
county or the marshal 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 time 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 will be discretion
ary with the sheriff or chief of police to employ 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, high
ways, or streets of such county, city, or town, in the making or repairing of
such roads, highways, or streets. * * *
[One half the earnings may go to dependents who would otherwise become a
public charge.]
S ec . 8884. Male prisoners to labor.—A ll m ale persons sentenced to and confined
in th e cou n ty ja il, under th e law s o f this State, excep t such a s a re precluded by
the term s o f th e ju dgm en t, shall p erform labors under such ru les and regu lation s
a s m ay be p rescrib ed b y th e cou nty com m issioners o r sh eriff o f th e cou n ty in
w hich such ja il is situated.
Sec . 8885. Road work.— [On request of boards of county commissioners,
sheriffs shali detail male prisoners to work on the public roads of counties and
the streets and alleys of towns and cities.]
S ec. 8886. Bridges, etc.— Said persons in th e cou n ty ja il, w h ile em ployed
under the p rov ision s o f this act, shall n ot be used fo r th e pu rpose o f b u ildin g
a n y bridge, or stru ctu re o f lik e ch aracter, w h ich req u ires the em ploym ent of
sk illed labor*
TEXT OF LAWS, 193S
21
CONNECTICUT
STATE AND COUNTY PRISONERS
GENERAL STATUTES, 1930
S ection 1469. Labor on highway.—The warden of the State prison, the
superintendent of the State reformatory or the sherif of any county, upon
the requisition of the highway commissioner, may permit any inmate of any
institution under his charge, other than a person serving a life sentence, to be
employed in the construction of any highway or bridge, under the direction of
said commissioner. Said warden or superintendent or such sherif shall furnish
necessary guards over prisoners while out of the custody of any such institution.
Sec. 1980. Labor contracts.—No contract or agreement shall be made for the
labor or services of inmates of any penal or other State or county institution
in the manufacture of goods or any portion of such manufacture, or for the
product of such labor or services, except after public notice by advertis
ing * * *# No such contract or agreement shall be made for any period
exceeding 4 years. The provisions of this section shall not apply to contracts
for the labor of inmates of county institutions in farm, domestic, or casual
service.
Sec . 1981. Employment restricted.—No person confined for crime shall be
employed in or about the manufacture or preparation of tobacco, or of any
article which in its use comes into contact with the mouth of a human being:
Provided, The State department of health may, subject to such inspection and
such regulations as it may adopt concerning the persons who may be so em
ployed, permit such employment.
STATE PRISONERS
GENERAL STATUTES, 1930
S ection 1978. Employment.—The warden shall manage the prison, subject
to the rules of the directors and their written orders; he shall keep all the
prisoners employed in such labor as the directors shall order, during the term
of their imprisonment; * * *.
S ec . 1983. Compensation for labor.—Any person imprisoned in the State
prison who, by reason of good conduct and upon the recommendation of the
warden, shall be deemed worthy by a majority of the directors, shall receive,
as compensation for services performed by him, a sum not exceeding 15 cents
per diem during the term of his imprisonment. Such sum shall be deposited
in some savings bank, State bank, or trust company in this State, under the
direction of the board of directors and the warden, and, with the interest
thereon, shall be paid by the warden to such convict upon his discharge from
said prison: Provided, The warden may, during the term of such imprisonment,
pay to such person or to his wife, parent or parents, or children, with the
advice and consent of the directors, such portion of such compensation as may,
in his opinion, be necessary for the welfare of such convict, his wife, parent or
parents, or children.
COUNTY
pr iso n e r s
GENERAL STATUTES, 1930
S ection 2017. Employment.—The county commissioners of any county may,
with the consent of the sheriff of such county, cause prisoners serving terms
in the jail or workhouse thereof to labor upon any bridge or public highway
or property adjacent thereto, or in, upon, or about any property in such
county; and the county commissioners may require all convicts in jails or work
houses to work according to their ability; permit other prisoners therein, if
the latter desire, to be provided with materials for work and employment;
require the deputy jailer or deputy jailers or other officers and employees to
superintend the conduct and labor of the prisoners and prescribe rules for
the government, management, discipline, and employment of the prisoners in
the jails and jail buildings of their respective counties; and the respective
sheriffs shall enforce such rules. The commissioners shall visit the jails in their
several counties at least once a month, examine into their management, and
audit all accounts pertaining to the jails.
22
LAWS RELATING TO PRISON LABOB
MUNICIPAL PRISONERS
GENERAL STATUTES, 1930
S ection 2036. Town workhouses.—Any town may establish a workhouse and
provide suitable buildings for the confinement of offenders sentenced thereto;
furnish materials for their work, direct the kind of labor and the manner and
place in which it is to be performed, either in or out of the workhouse, and
make any lawful regulations necessary to carry into effect the provisions of
this chapter. Towns may join in building, maintaining, and managing a work
house, on such terms as they shall agree upon.
Sec. 2038. Employment.—The master shall receive all persons lawfully sent
to such workhouse and keep them employed in such labor as they shall be
able to perform; and, if any one of them shall refuse to work in a proper
manner, may put him in close confinement until he shall obey orders and, in
case of great obstinacy or perverseness, may reduce him to bread and water
until he shall be brought to obedience.
DELAWARE
COUNTY PRISONERS
REVISED CODE, 1915
S ection 3538. Vagrants.— [Vagrants sentenced to- any workhouse or jail are
to be employed in such labor as they shall be able to perform.]
S ecs . 3542-3544. Tramps.— [Tramps found within the limits of a city or town
are to be arrested and put to work on the streets or other public works, or they
may be hired to private persons. If worked on the streets or public works, they
are to be allowed such wages as may be deemed reasonable, to be paid at the
end of their term. The term of such employment or hiring may not exceed 1
month at any one time.]
Sue. 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; * * *.
Seo. 3606. Labor on highways.— [The courts of Kent and Sussex Counties
may, in sentencing convicts, where the sentence may be hard labor, sentence
such convicts to hard labor on the public roads and highways of those counties
for terms not exceeding 3 months, in charge of the sheriffs. Eight hours,
between 8 a.m. and 5 p.m., is a day’s labor.]
Secs. 3608a-3608k (added 1917, ch. 241). Employment.— [The sheriff of Kent
County is charged with the duty of securing employment, whenever practicable
and safe, for all convicts in the jail. Those held on charges may be permitted to
work. After 10 percent of the wages for such employment has been deducted
for the extra services in securing employment, 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 ec. 3612 (as amended 1923, ch. 221). Work time; earnings.— [Convicts in the
New Castle County workhouse must work at some suitable employment 8 hours
each secular day unless physically disabled. Credit shall be given for overtime
work, earnings going to the prisoner or to his family.]
Sec . 3613. Highway labor.— [Able-bodied convicts in the workhouse in New
Castle County may be employed to assist in building or repairing the public
highways of the county.]
Seo. 3613a (added 1921, ch. 202). Hiring.—The board of trustees of the New
Castle County workhouse is hereby authorized and empowered to make and
enter into any agreement with any person or persons, corporation, or corpora
tions within the county of New Castle and State of Delaware, for the labor
at some suitable employment, 8 hours each secular day, for all persons con
victed of any crime and committed to the custody of the said trustees, unless
said person shall be physically disabled. For all overwork each prisoner shall
receive credit and be paid.
Sec. 3615a (added 1923, ch. 222). Female prisoners.— [A farm for woman pris
oners of New Castle County is to be procured, and all woman prisoners, unless
TEXT OF LAWS, 1933
23
physically disabled, compelled to work at some suitable employment for not
more than 44 hours per week. If necessary, overtime work may be required,
for which “ fair wages” shall be paid, according to the nature of the work
done. Work requiring special skill or carrying special responsibility may be
paid for at a fair rate of wages. When not employed by the board, any pris
oner may 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 maintenance on the farm, and surplus products may be sold
for the same purpose.]
Seo. 4811. Labor within walls.— [Felony prisoners serving terms of 3 months
or more in the jails of Kent and Sussex Counties may be employed at labor
within 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 1929
T itle 6
S e c t i o n 4 0 3 . Employment.—The Supreme Court of the District of Columbia,
the Attorney General, and the superintendent of the Washington Asylum and
Jail, when so requested by the Commissioners of the District of Columbia,
shall deliver into the custody of the superintendent * * * of the work
house * * * prisoners sentenced to confinement in said jail * * * for
such work or services as may be necessary in the discretion of the Commis
sioners of said District, in connection with the construction, maintenance,
and operation of said workhouse, or the prosecution of any other public work
at said institution or in the District of Columbia * * *.
Sec. 412. Employment of prisoners.—Persons sentenced to imprisonment in
jail may be employed at such labor and under such regulations as may be
prescribed by the Board of Public Welfare and the proceeds thereof applied
to defray the expenses of the trial and conviction of any such person.
Sec. 429. Sale of products.—The Commissioners are authorized, under such
regulations as they may prescribe, to sell the surplus products of the work
house and the reformatory. All moneys derived from such sales shall be
paid into the Treasury of the United States to the credit of the District of
Columbia and the United States, in the proportions authorized by law: Pro
vided, That all moneys received at the reformatory as income thereof from
the sale of brooms to the various branches of the Government of the District
of Columbia shall remain available for the purchase of material for the
manufacture of additional brooms to be similarly disposed of.
T it l e 2 0
656. Working capital for prison industries.—To provide working
capital for industrial enterprises at the workhouse and the reformatory, the
Commissioners shall transfer to a fund, to be known as the working-capital
fund, such amounts appropriated in the act of Congress approved February
25, 1929 (45 Stat. 1262), for the workhouse and reformatory not to exceed
$50,000 as are available for industrial work at these institutions. The various
departments and institutions of the District of Columbia, and the Federal Gov
ernment may purchase, at fair market prices, as determined by the Commis
sioners, such industrial or farm products as meet their requirements. Receipts
from the sale of such products shall be deposited to the credit of said workingcapital fund, and the said fund, including all receipts credited thereto, may be
used as a revolving fund during the fiscal year 1930. This fund shall be available
for the purchase and repair of machinery and equipment, for the purchase of raw
materials and manufacturing supplies, for personal services and for the payment
to the inmates or their dependents of such pecuniary earnings as the Com
missioners may deem proper. The Commissioners shall include in their annual
report to Congress a detailed report of the receipts and expenditures on
account of said working-capital fund.
S e c t io n
24
LAWS RELATING TO PRISON LABOR
FLORIDA
STATE PRISONERS
COMPILED GENERAL LAWS, 1927
Section 8417. 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 ec . 8562. Prison.—T h e b oa rd o f com m issioners o f State in stitu tions shall
establish a State prison f o r th e safe-keeping and punishm ent o f prisoners, in
w hich they shall b e closely confined, em ployed at h ard labor, and governed in the
m anner h erein a fter directed, * * *.
Sec . 8562. Farm.—A State prison farm is hereby established on the lands
now owned by the State of Florida in Bradford County, Fla., and the board
of commissioners of State institutions shall improve said farm for the purpose
of the care and maintenance of the women and infirm male convicts and all
convicts classed as hospital subjects, and such other convicts as said board
may from time to time place on said State prison farm.
S ec . 8586. Work time.— P rison ers sentenced to the punishm ent o f h ard la b or
shall be con stantly em p loyed fo r th e benefit o f the State, but n o prison er shall
be com pelled to w ork m ore than 60 hours in any 1 week o r m ore than 11 hours
in any 1 day, and a ll prison ers, except such as m ay be on the disabled list
o r in so lita ry confinem ent, shall labor n ot less than 8 or m ore than 11 h ours
a day.
S eo. 8612. Grades.—The State prison physicians shall examine and grade all
male State convicts into two grades or classes, to w it: Grade or class 1, which
shall consist of all able-bodied male convicts capable of doing a reasonable
day's work at manual labor; grade or class 2, which shall consist of all female
convicts, and all male convicts which shall not have been placed in grade or
class i # * * * All grade or class 1 convicts, except not exceeding 50 in
number, to be placed upon the State prison farm, shall be delivered to the
State road department for work upon the public roads of the State, * * *.
All grade or class 2 convicts, including all female convicts, shall be placed and
kept at the State prison farm, and no class 2 convicts 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 State prison
farm: Provided, That such grade and class 2 convicts as can be used to advan
tage upon the public roads without detriment to the well-being or health of such
convicts, may also be placed upon the public roads upon the order of the board
of commissioners of State institutions. * * *
S ec . 8614. Limit on work time.— No State con vict shall be requ ired to w ork
m ore than 60 hours in any 1 w eek or m ore than 11 hours in any 1 day, w h ich
tim e shall in clude th e tim e spent in goin g to and return ing fro m w ork, and n o
co n v ict shall be required to p erform du rin g such tim e an y la b or in excess o f his
a b ility to p e rfo rm w ith ou t im pairm ent o f his ph ysical con dition .
S eo. 8616. Road force.—There shall be and is hereby created a State convict
road force, which shall include all male State or felony prisoners who, in the
judgment of the State prison physician, are capable of performing any of the
several duties incident to road construction and maintenance; except, that
there shall be retained at the State prison farm or other State institutions
75 class 1 prisoners.
Seo. 8620. Employment.—The State road department may apply the labor of
the State convict road force to any or all highway construction or maintenance
done under the supervision of said department. * * *
S ec . 8663. Industrial plants.—It appearing to the legislature of the State of
Florida that there are more than 5,000 persons inmates of and connected with
the several State institutions, which are under the control of the board of
commissioners of State institutions of the State of Florida, who are entirely
dependent upon the State for maintenance and for whom, if possible, profitable
employment must be provided; and it appearing from the experience of other
States that it is practicable to conduct industrial plants with the help of
inmates of such institutions in a manner profitable to the State and beneficial
to the inmates of such institutions, the board of commissioners of State insti
tutions is hereby authorized and directed to make thorough investigation con
cerning the practicability and advisability of establishing, constructing, and
TEXT OF LAWS, 1933
25
maintaining industrial plants * * * and after such investigation to estab
lish, construct, and maintain such industrial plants at such institutions as the
said board of commissioners of State institutions may determine can be con
ducted and maintained in a manner profitable to the State of Florida and of
benefit to the inmates of such institutions,, and to cause such plants as far as
is practicable to be operated by the inmates of such institutions under such
rules and regulations as may be prescribed by the said board of commissioners
of State institutions: Provided, That nothing herein shall be construed to per
mit the use in such industrial plants of able-bodied convicts who are now or
may hereafter be subject to work and labor by and under the State road
department as now provided by law.
ACTS OF 1933
C hapter —
S ection 1. Sugarcane cultivation.—The board of commissioners of State insti
tutions is hereby authorized to use any and all such State convicts or prisoners
as may, in the judgment of said board, be necessary or required for the grow
ing of sugarcane or other crops on any State-owned land within the State
of Florida: Provided, That the provisions of this bill will not in any way affect,
alter, or modify the operation of the State road department in the construction
of State roads with State convicts: And provided further, That none of said
crops, except sugarcane, shall be sold or disposed of, but shall only be used in
the various State institutions.
S ec. 2. Contracts.—The board of commissioners of State institutions may
contract with any person, firm, or corporation for the growing of sugarcane
and the net proceeds of all said sugarcane so grown on contract, or otherwise,
shall go to the State prison fund.
COUNTY PRISONERS
COMPILED GENERAL LAWS, 1927
S ection 8418. Labor may be required.—When punishment of imprisonment in
the county jail is awarded against any convict, the court may also sentence
the prisoner to be employed at hard labor, and in such case he may be em
ployed at such manual labor as the county commissioners may direct
S ec . 8549. Employment.—The board of county commissioners of each county
may employ all persons in the jail of their respective counties under sentence
upon conviction for crime, at labor upon the roads, bridges, or other public
works of the county where they are so imprisoned. Said county convicts shall
be kept and worked under such rules and regulations and supervisions as may
be prescribed by the commissioner of agriculture, with the advice and approval
of the board of commissioners of State institutions, and the commissioner of
agriculture, with the approval of the board of commissioners of State institu
tions, shall have the power to enforce all such rules and regulations. * * *
S ec. 8550. Same.— The board of county commissioners of the several counties
are hereby authorized and empowered to require all county convicts under sen
tence confined in the jail of their respective counties for any offense, to labor
upon the public roads, bridges, farms, or other public works owned and oper
ated by the county, or in the event the county commissioners of any county
deem it to the best interest of their county they may hire out their prisoners
to any other county in the State to be worked upon the public roads, bridges,
or other public works of that county, or they may upon such terms as may
be agreed upon between themselves 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 ♦ * *.
*
* * No convict shall be compelled to labor more than 10 hours per day,
nor be subject to punishment for any refusal to labor beyond such limit: Provided,
That the 10 hours shall be the time embraced from the leaving of to the return
of the prisoner to his place of detention.
Sec. 8551. Leasing ended.—All county convicts in this State shall be placed at
work under the provisions of this law on or before the 1st day of January,
A.D. 1924. No new contracts shall be made whereby county convicts shall be
leased to work for any private interest after June 7, 1923.
26
LAWS RELATING TO PRISON LABOR
All existing contracts lawfully made before June 7, 1923, for the hire or lease
of county convicts to private parties shall determine and become and be null and
void on December 31, A.D. 1923, * * *.
Seo . 8552. Road work.—Nothing in this law 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
construction and maintenance of the public road from turning the county con
victs 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 PRISONERS
PENAL CODE, 1911
S ection 1199. Regulations.—All convicts, whether sentenced for felony or
misdemeanor crimes, and all convict camps shall be under the direct supervi
sion of the prison commission, which shall provide rules and regulations for
the management, discipline, and control of said convicts, and of said convict
camps, subject to the approval of the governor. The commission shall have
complete management and control of the State convicts; shall regulate the
hours of their labor, the manner and extent of their punishment, the variety
and quantity of their food, the kind and character of their clothing; and shall
make such other rules and regulations as will assure their safe-keeping and
proper care.
S ec . 1201. Employment on farms, etc.—In exercising its discretion as to
what convicts shall be employed upon the State farm or farms, and in award
ing the labor of convicts to counties and municipalities, it shall be the duty
of the prison commission, where practicable, to employ whites and Negroes in
separate institutions and locations, and they shall be provided with separate
eating and sleeping apartments: Provided, That the prison commission shall
have authority, in their discretion, to place any number of said convicts on the
State farm, to be used on said farm to do farm work or such other labor
on said farm as the prison commission may deem best; and the commission
may, at any time, when such labor is needed, upon the request of the authori
ties in charge, place as many as 50 of such convicts at work upon the property
of any State institution.
S ec . 1205. Females; boys.— [The commission is authorized to purchase farms
and place females 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 ec . 1206. Sale of produce.—The commission shall sell, to the best advantage,
all surplus products of the penitentiary, and shall apply the proceeds thereof
to the maintenance 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 academy for the blind, at
Macon, and to the school for the deaf, at Cave Spring, should this be found
practicable.
S eo. 1207. Public works.—All male felony convicts, except such as are now
required by law to be kept at the State farm, may be employed by the authority
of the several counties and municipalities upon the public roads, bridges, or
other public works of said counties or municipalities, as hereinafter pro
vided. * * * And annually, * * * the prison commission shall communi
cate 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 num
ber desired. * * * A county shall have the right, upon the approval of the
prison commission, to deliver its quota of felony convicts and also its misde
meanor convicts, if it so desires, to another county, to be used in the construc
tion and repair of public roads, bridges, or other public works, and the county
so receiving such convicts shall have the right to compensate the county from
which the convicts came, with work upon its public roads, bridges, or other
public works, or by the exchange of an equal number of convicts.
S ec . 1209. Road gangs.—The prison commission is hereby authorized ♦ * *
to equip and organize road-working forces, the same to be used for the con
TEXT OF LAWS, 1938
27
struction and repair of public roads, bridges, or other public works in the
counties not using their convicts under the foregoing sections, when requested
by the authorities of such counties so to d o; * * *.
S ec . 1211. Municipalities may hire.— A fte r the counties h av e been p rovid ed
w ith co n v icts as set forth , and i f th ere should rem ain any con victs n o t oth er
w ise d isp osed o f, then the p riv ileges con ferred upon cou nties h erein sh a ll be
exten d ed to m u n icipa lities o f th is State, w h ich shall have the rig h t to h ire
con victs fro m th e prison com m ission, in such num bers as m ight b e agreed upon,
at th e p r ice o f $100 p er ca pita per annum.
Sec. 1212. D isp osa l of other convicts.— After the expiration of the time fixed
herein for the assignment of felony convicts to the different counties and
municipalities, should it appear that there will remain * * * any felony
convicts whose labor will not be used upon * * * public works by counties
or municipalities, or directly by the State, and who should not be confined at
the State farm or farms * * * the prison commission may in its discretion,
and with the consent and approval of the governor, dispose of such convicts
as it may deem to the best interest of the State for a period not to exceed 12
months * * *: Provided, That no convict labor shall be used in competition
with skilled mechanical free labor, and under no contract by the terms of
which the contractor is interested in the quantity of work a convict may be
required to do per day; it being the fixed policy of this State that the control
and management of its convicts, both felony and misdemeanor, shall never
pass from it and its public officials into the control and management of any
private corporation or person.
Sec. 1213. Farms.— * * * The prison commission, * * * is hereby
authorized to purchase or lease, for a period of 5 years, with the option to pur
chase at any time, one or more tracts of land located at some convenient point,
for the purpose of working the convicts thereon; * * *.
Sec. 1214. State-use system.—The State farm shall be used as far as possible,
for the purpose of making supplies of all kinds for maintaining 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
commission 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
the State, and erect thereon suitable buildings, stockade, and appurtenances
for the safe-keeping and care of those felony convicts not worked by the sev
eral counties and municipalities, and may also purchase such livestock,
machinery, farm implements, furniture, etc., which may appear to be necessary
to carry out the intentions of this article. The commission may confine at
hard labor upon the prison farm, or on lands purchased under this section, con
victs not engaged in work by the counties and municipalities, when not else
where engaged under the direction of the commission upon roads, bridges, or
other public works; * * *. The commission may, in connection with the
farm work, use said convicts in such industrial enterprises as they may deem
advisable, and to this end may employ the convicts in manufacturing such im
plements and equipments or other articles as may be needed for use on the
State farm, or road, bridge, or other public works, and in making shoes and
clothing and other articles for the use of the convicts and inmates of other
State institutions; but the commission shall not sell or offer for sale articles
so manufactured to the public. * * *
Sec. 1215. Farm work.—If the prison commission has on hand convicts not
provided for under the foregoing sections of this article, said prison commission
may place upon said farms such convicts and work the same thereon. * * *
Seo. 1216. Misdemeanor convicts.—It shall be unlawful for any person or
official, except as herein provided, to hire to any other person or corporation
any misdemeanor convict; and it shall be unlawful for any person or corpo
ration to work any such misdemeanor convict so hired; and any person or cor
poration violating the provisions of this section shall be guilty of a misdemeanor.
* * * It shall be the duty of the prison commission, upon notice by the
county authorities of any county of this State having misdemeanor convicts
undisposed of under the law, and not having an established chain gang and not
working its misdemeanor convicts on the public roads, bridges, or other public
works, to dispose of the same as felony convicts are herein disposed of in tliis
State; * * *.
4705°— 33-------3
28
LAWS RELATING TO PRISON LABOR
ACTS OF 1924
No. 492
(P. 119)
S ections 1-8. Employment by highway department.— [The State highway de
partment may apply to the prison commission for the quota of convicts that
any county which is not working its convicts on the public roads may be en
titled to, and employ the same on the construction of roads under the Stateaid road system. Counties may also contract with the highway board to use
their quota of convicts in the construction of any portion of the State-aid road
system.]
ACTS OF 1931—EXTRA SESSION
No. 6
(P. 118)
S ections 11-15. Manufacture of automobile tags.— [The prison commission is
authorized to manufacture at the prison farms, with convict labor, highway road
signs, automobile license tags and such other articles now used or that may
hereafter be required by the State highway board on State-aid roads. These
articles are to be sold to the board at a fair market price. The State highway
board is authorized to advance the necessary money to be used for the pur
chase of farms, erection of buildings, and the purchase of machinery. The net
amounts received on the sale of such articles manufactured shall be applied on
the purchase price of said farms, buildings, and machinery.
The highway department is given additional authority to work convicts on the
State-aid system of public roads. The prison commission is authorized to
furnish to the various State institutions farm products, raised and produced on
prison farms, at a reasonable price; any surplus to be sold and disposed of by
the prison commission.]
COUNTY PRISONERS
PENAL CODE, 1911
S ection 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,
imprisonment not to exceed 6 months, to work in the chain gang on the public
roads, or on such other public works as the county or State authorities may
employ the chain gang, not to exceed 12 months, any one or more of these
punishments in the discretion of the judge: Provided, That nothing herein
contained shall authorize the giving the control of convicts to private persons,
or their employment by the county or State authorities in such mechanical
pursuits as will bring the products of their labor into competition with the
products of free labor. If the convict be a female, the judge may, in his
discretion, sentence her to labor and confinement in the woman’s prison on
the State farm, in lieu of chain-gang sentence, not to exceed 12 months:
Provided, That the trial judge shall have the discretion also of sending any
person convicted of a misdemeanor to the State farm.
Sec . 1218. County farms.—Any county may purchase, rent, and maintain a
farm upon which to work any number of its convicts in connection with working
its convicts upon its public roads, bridges, and other public works; and all prod
ucts and supplies arising from said farm shall be used in the support of the
convicts, improvement of its public roads, bridges, and other public works,
and in support of the county institutions.
POLITICAL CODE, 1911
S ection 429. Cooperative ivork.— [Any two or more counties carrying on or
maintaining county public works may create a joint working force or chain
gang for the construction, maintenance, etc., of a system of intercounty public
roads and intercounty public works.]
S ec. 697. County commissioners.— [Commissioners of roads and revenues, etc.,
may organize a chain gang for the working of the public roads of the county.
If the work on such roads is done by contract, contractors shall be required to
employ a chain gang, if one is established.]
TEXT OF LAWS, 10 3 $
29
MUNICIPAL PRISONERS
PENAL CODE, 1911
S e o t io n 1280. Farms, etc.—Authority is hereby given to the municipal au
thorities 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 may be located, a farm, or other
place of confinement, which may be situated within the corporate limits or any
where in the limits of the county where such city is located, and to provide that
persons convicted in the police or other municipal courts of such city may 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 ec . 1282. Juveniles sent to farms.—The judges of the State courts, located in a
county where such farm or other place of confinement may 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
that may be required thereat. The county authorities of such counties where
said State courts are located are authorized and empowered to make rules and
regulations touching the care, custody, and treatment of persons sent from
such State courts.
HAWAII
TERRITORIAL PRISONERS
REVISED LAWS, 1925
S e c t io n 928. Sanitation work.—For the purpose of removing nuisances, a n a
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 esc. 1523 (as amended 1931, ch. 125). Employment on public works.—All
prisoners sentenced to imprisonment at hard labor shall be constantly em
ployed for the public benefit, on public roads or other public works or other
wise, as the high sheriff, with the approval and subject to the control of the
board of prison directors, may deem best. The board and high sheriff shall
cooperate, as far as practicable in their discretion, with the superintendent of
public works in placing such prisoners at his disposal to be employed by him
on public work or otherwise as the superintendent may lawfully direct. The
high sheriff may, with the approval of the board, detail for labor on any public
road or other public work, upon application for that purpose from any board
of supervisors, as many available prisoners as such board of supervisors may
deem necessary for such work, such prisoners to be under the care of their
usual overseers and subject to such board of supervisors only as far as regards
the mode of their employment.
S e c . 1527 (as amended 1931, ch. 125). Limitation.—Such prisoners shall not
be employed in any labor except for the Territory or a political or other sub
division thereof: Provided, That charitable institutions may have the use and
employment of such prisoners as the high sheriff, with the approval of the
board of prison directors, may deem it advisable so to allow. * * *
S e c . 1528 (as amended 1931, ch. 125). Females.—Female prisoners shall be
kept entirely separate from the male prisoners and shall be employed in mak
ing mats, in sewing, in washing the clothes of the prisoners and in such other
suitable occupations as the high sheriff, subject to the control of the board
of prison directors, shall direct.
S e c . 1567-1574. Earnings.— [Prisoners in the Oahu Prison, employed at hard
labor, may be allowed not to exceed 25 cents per day, such sum not to be sub
ject to garnishment or like process. This act does not apply to any prisoner
until he has served at least 3 months of his term of sentence.]
30
LAWS RELATING TO PRISON LABOB
COUNTY PRISONERS
REVISED LAWS, 1925
S ection 2188. Public tvorks.—Prisoners who are serving sentence in any
county or city and county jail shall not be employed outside of the premises
of such institution in any labor except for the Territory or a political or other
subdivision thereof: Provided however, That charitable institutions may have
the use and employment of such prisoners as the sheriff of the county or city
and county shall deem it advisable to so allow. * * *
IDAHO1
STATE PRISONERS
CODE, 1932
Section 20-102. State board duties.—The governor, the secretary of state,
and attorney general are hereby constituted a board of State prison commis
sioners, of which the governor shall be chairman. Said board shall have the
control, direction, and management of the penitentiary of the State, and it
shall be the duty of said board, either by direct expenditure or by contract
with a responsible person or persons, to provide for the care, maintenance, and
employment of all inmates confined, or that may hereafter be confined, in the
State penitentiary. * * *
S ec . 20-407. Employments.—The State prison commissioners shall have
authority to use, under such rules and regulations as they may prescribe, the
labor of convicts either within or without 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 manufactured with convict labor which
is extensively manufactured in the State of Idaho: And provided further, That
when convict labor is employed in the manufacture of any article for sale, the
State prison commissioners are hereby empowered to prescribe what shall con
stitute a day’s work for any convict, and may credit to such convict a percent
age of the income from his labor over and above the amount 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 time as may be
prescribed by the State prison commissioners.
S ec . 39-2102. Highways.—The department of public works shall, subject to
such rules and regulations as are now or may hereafter be adopted by the 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 judgment of the warden are able-bodied
and able to do physical labor, and such number of such convicts as in the judg
ment 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. Said
board of prison commissioners and said warden of the penitentiary are hereby
authorized, and it is hereby made their duty so to furnish such convicts for
work upon such State highways under the general direction and supervision
of the said department, subject, however, to such rules, regulations, and
safeguards as may be prescribed by the said board of prison commissioners
concerning the number of hours per day such convicts may be so required to
work, the kind of weather in which they may not be required to work, the
number of guards required, and such other subjects as are proper and necessary.
Sec . 39-2103. Earnings.—The department of public works shall cause to be
paid out of the State highway fund the sum of $5 per month to each convict
worked upon State highways under the provisions of this chapter, such time
to be computed only for actual time employed in work, and also the expense
of transporting, guarding, and subsistence of each convict during the time he
is required to be away from the State penitentiary, less an amount representing
the estimated average cost to the State of his subsistence, had he remained
at the penitentiary as determined by the warden.
xSee also law on p. 137.
tCEXT OF LAWS, 1933
31
COUNTY PRISONERS
CODE, 1932
S e c t i o n 20-617. Public works and ways.—Persons confined in the county
jail under a judgment of conviction rendered in any criminal case, either
under a judgment of imprisonment or a judgment for the payment of a fine
and costs, may be required by an order of the board of county commissioners
to perform labor on the public works or ways in and for the county, or per
form labor for municipalities, school districts, highway districts, good-road
districts, and irrigation districts: Provided, That when labor is performed
on other than public works or ways in and for the county the board of
county commissioners may make a reasonable charge for such labor and shall
pay 25 percent of the proceeds of such labor to the person performing the
same if he is single, or if he is married 75 percent of the proceeds shall
be paid to his family; the balance of such proceeds to be paid to the county
treasurer for the general fund of the county: Provided further, That in case
a prisoner has been transferred to another county and required to work there,
the county’s proportion of the proceeds of his work as provided in this section
shall be paid to the county from which the prisoner was transferred.
Sec. 20-620. Work compulsory.— N o prison er lia b le to em ploym ent as p ro
vid ed in this ch apter shall be exem pt th erefrom excep t b y reason o f ph ysical
disability.
MUNICIPAL PRISONERS
CODE, 1932
S e c t i o n 49-342. Work for city.—Whenever the defendant is sentenced to
imprisonment for the 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 imprisonment; and when committed for the nonpayment of a fine or
costs, for the violation of any ordinance, he shall also be put to work for
the benefit of the city, and shall be credited on such fine and costs $1.50 per
day for each day he shall work.
ILLINOIS
STATE AND COUNTY PRISONERS
CONSTITUTION
S e p a r a t e S e c t i o n (adopted 1 8 8 6 ) . Leasing forbidden.—Hereafter it shall
be unlawful for the commissioners of any penitentiary or other reformatory
institution in the State of Illinois, to let by contract to any person or persons,
or corporations, the labor of any convict confined within said institution.
STATE PRISONERS
SMITH-HURD REVISED STATUTES, 1931
C hapter
108
S e c t i o n 44. Employment limited.—No labor shall be performed by the con
victs in the penitentiary of this State in any stone quarry or other place
outside the walls of the penitentiary: Provided, This act shall not be
so construed as to prohibit such labor being performed in quarrying stone
for the use of the State by its authorized agent: And provided further, That
this act shall not be construed to prohibit the employment of convicts outside
the prison walls by the warden and commissioners, in labor incident to the
business and management of the penitentiary: And provided further, That this
act shall not be construed to affect any existing contract.
Sec . 73. Board of prison industries created.—The commissioners of the
Illinois State penitentiary at Joliet, the commissioners of the southern Illinois
penitentiary at Chester, and the board of managers of the Illinois State
reformatory at Pontiac, or their successors, are hereby created and shall
constitute a board in charge of the prison industries of the State of Illinois
hereinafter provided for. * * *
32
LAWS RELATING T.0 PRISON LABOR
Sec. 74. Duties of board.—The board of prison industries of Illinois shall
faithfully and diligently put into operation in the State of Illinois the provi
sions of this law as hereinafter set forth, and establish in this State in con
formity with this act, a scheme of prison industry best calculated to promote
the interest of the State. * * *
Seo. 75. Same, disposition of goods.-—It shall be the duty of the board of
prison industries2 of Illinois to attend to the disposition and distribution of all
the products of the skill and labor of said convicts and prisoners. They shall
particularly be charged with the duty of seeing that under no circumstances
shall any of the products of the labor: of said convicts or prisoners mentioned
fci this act, be sold upon the open markets, except as hereinafter provided.
They shall see that tlie 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 at all times to inform themselves, as 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 hereinafter provided.
Sec. 77,, 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 ©r convict in any
penitentiary 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, associa
tion,, or corporation; except that the said prisoners or convicts in said penal
or reformatory 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 man
aged and controlled by the State.
Seo. 78. Sours of labor.—The wardens, superintendents, managers, and offi
cials 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 8 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 instructions, 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 institutions,
or partly for one and partly for the other of such purposes, or a combination
of all 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 successfully
carry this act into effect: And provided further, That the board of managers
of the said Illinois State reformatory at Pontiac, may use all or any part of the
8 hours provided herein for the labor of the convicts, in giving of useful
instruction to the inmates of said reformatory.
Sec. 79. 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 con
sistent 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.
Sec. 80. Same; 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
2 Powers and duties trnnsferred to the department of public welfare.
eh. 127, secs* 35 and 53.)
(Rev. Statu 1931,
TEXT OF LAWS, 193 3
33
supplies for said institutions, or for any public institutions owned Qr managed
and controlled by the State.
Seo. 81. Same; third grade.—The labor of prisoners of the third grade in
said penitentiaries 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 controlled by the State.
S eo. 82. 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 regulations for the distribution and diversification thereof, to be estab
lished by the board of prison industries of Illinois.
Seo. 83. Supplies for State use.—The labor of convicts and prisoners in penal
and reformatory institutions in this State after the necessary labor for the
manufacture of all needed supplies for said institutions shall be exclusively
devoted, first to the State and the public institutions and buildings thereof,
and the manufacture of supplies for the State and public institutions owned or
managed and controlled by the State, and secondly, to the political divisions
of the State, and the public institutions and buildings thereof, and the manu
facture of supplies for the political divisions of the State and public institutions
owned or managed and controlled by the political divisions of the State.
Sec. 83a. Same.—The labor of convicts and prisoners in penal and reforma
tory institutions of the political divisions of this State, after the necessary
labor for the manufacture of all needed supplies for said institutions shall be
primarily devoted to the respective political divisions in which such institution
is located and the public institutions and buildings thereof, and to the manu
facture of supples for said political division and for manufacture of supplies
for the public institutions owned or managed and controlled by said political
division and, secondly, to the State and the public institutions and buildings
thereof and supplies therefor: Provided, That nothing contained herein shall
be construed to prevent the production of crushed limestone and lime dust
in the penal and reformatory institutions of the State nor the sale to the
public by the department of public welfare o f crushed limestone and lime
dust for agricultural and horticultural purposes.
Sec. 83b. Sale or exchange prohibited.—After January 19, 1934, it shall be
unlawful to sell or offer for sale within the State of Illinois any goods, wares,
or merchandise, manufactured or mined by convicts or prisoners of other
States, except convicts or prisoners on parole or probation, nor shall mch
goods, wares, or merchandise, manufactured or mined by convicts or prisoners
of other States, except convicts or prisoners on parole or probation, be pur
chased or accepted in exchange by any institution in the State of Illinois,
owned or managed and controlled by the State, or of any institution owned
or managed and controlled by any political division of the State. Any person
violating the provisions of this section shall, upon conviction, be punished by a
fine of not less than $50 nor more than $100 or by imprisonment in the county
jail not less than 3 months nor more than 1 year or by both such fine and
imprisonment.
Sec. 84. Crushing 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.
Sec . 84a. Limestone.—Until July 1, 1932,,/crushed limestone or lime dust
manufactured or created by the labor of the convicts or prisoners at the south
ern Illinois penitentiary, shall be furnished free at such penitentiary to any
person applying therefor, so far as the supply thereof will permit, but such
limestone or lime dust shall be furnished only upon express agreement that it
will not be sold, exchanged, or traded in, or cause or permit same to be done
and will be used for agricultural and horticultural purposes.
Sec. 85. 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 jurisdiction the labor and industries assigned to the board of prison indus
tries of Illinois to said institutions, due regard being had to the location and
34
LAWS RELATING TO PRISON LABOR
convenience of the prison and of other institutions to be supplied, the ma
chinery 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 practica
ble in occupations in which they will be most likely to obtain employment after
their discharge from imprisonment. * * *
S ec. 86. Manufactures.—The department of public welfare is authorized and
directed to cause to be manufactured by the convicts in the penitentiaries 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 institutions
owned or managed and controlled by the State, including articles and materials
to be used in the erection of the buildings. All such articles manufactured in
the penitentiaries and reformatories 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 to any political division of the State or institution
thereof 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. No article so manufactured shall be purchased from any other source
for the State or public institutions of the State, or for any political division of
the State or institution thereof unless the department of public welfare shall
certify that the same cannot be furnished upon such requisition, and no claim
therefor shall be audited or paid without such certificate: Provided, That in
determining the articles and the style, design, and quality of the articles so to
be manufactured, the board of standardization shall seek and shall give due
consideration and weight to the recommendations of the industrial advisory
board for prisons.
S ec . 88. Price.— T h e departm ent o f pu b lic w e lfa r e sh all fix and determ ine the
prices a t w hich a ll la b or perform ed and all a rticles m a n u fa ctu red shall b e
fu rn ish ed , w h ich prices sh a ll be u n iform to all. T h e p rices shall be as n ear
th e usual m arket p rice f o r such la b or and supplies as possible.
Any difference of opinion in regard to price of articles or materials furnished
the State or its institutions or political divisions of the State or institutions
thereof shall be submitted to arbitration as provided in section 15 [87]. The
department of public welfare 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 insti
tutions 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.
S ec. 89. Earnings.— [Prisoners may be allowed compensation fixed by the
authorities, in an amount not to exceed 10 percent of the earnings of the
institution.]
Seo. 100. Road material.—The department of public welfare 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 preparation of road building and ballasting material, including cement,
crushed rock, and any and all other road-building material. Such tile, culvert
pipe, cement, 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 neces
sary appliances for the building, maintaining, and repairing of the wagon
roads of the State; such tile, culvert pipe, road-building and ballasting ma
terials, road machinery, tools, appliances, to be placed upon railroad cars and
forwarded to proper destinations, to be used as hereinafter provided.
Sec. 101. Bale to counties, etc.— * * * Any surplus road-building ma
terials, 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 ec . 102. Sale to railroads.— The State highway commission is hereby au
thorized and empowered to negotiate with railroad lines in the State of Illinois
for rates of transportation on all such material and machinery, tools, and ap
pliances, and it may contract with such railroads for such transportation, to
be paid in ballasting material at an agreed price.
S ec . 103. 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.]
35
TEXT OF LAWS, 1933
COUNTY PRISONERS
SMITH-HURD REVISED STATUTES, 1931
C hapter 34
Section 25. Workhouses.—The county boards of the several counties shall
have power—
*
*
*
*
*
*
*
Fourth. To cause to be erected, or otherwise provided, a suitable work
house, in which persons convicted of offenses punishable by imprisonment in the
eounty 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 pter
38
Section 758. Employment.—Any person convicted, in a court of this State
having jurisdiction, of any crime or misdemeanor, the punishment of which
is confinement in the county jail, may be sentenced by the court in which
such conviction is had, to labor for the benefit of the county, during the term
of such imprisonment, in the workhouse, house of correction, or other place
provided for that purpose by the county or city authorities. Nothing contained
in this act shall be construed to prevent the imprisonment of any convict in
the reform school at Pontiac, as provided by law.
INDIANA
STATE PRISONERS
BURNS ANNOTATED STATUTES, 1926
Section 2362. Labor required.—Whenever any person is imprisoned in the
State prison he shall be kept at hard labor therein during the period for which
he was sentenced.
Sec. 4741. Forestry.—The department of conservation shall have the follow
ing powers, duties, and authority:
*
*
*
*
*
*
*
9. To employ, with approval of the authorities having control of any State
penal institutions, convicts committed to any penal institution for the purpose
of producing or planting trees, building roads, or doing other work in the
forests and in clearing, draining, or developing lands purchased or acquired
by the State for forestry purposes.
Sec. 4742. Consei'vation.— T h e departm ent o f con serva tion shall h ave the
fo llo w in g pow ers, duties, and a u th o r ity :
*
*
*
*
*
*
*
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.
Sec. 8298. 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.
Secs. 9755-9765. Sale of goods.— [No person or corporation may expose for
sale “ any convict-made goods, merchandise, or wares ” without a license from
the secretary of state. An 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 labor ” 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.]
Sec. 12361. Convicts hired out—The board of trustees of the Indiana State
Prison are hereby authorized to contract for the labor of 600 of the convicts of
said prison, and should the population of said prison exceed 800, then said
36
LAWS RELATING TO PRISON LABOR
board of trustees are also authorized to (contract and let out, 1b addition to the
labor of said 600, the labor of not exceeding 50 percent of the number of said
convicts over and above 800. Such convict labor shall be employed at such
trades as may be selected by said board of trustees, and such board is also
authorized to establish the piece-price system at said prison, giving the said
board of trustees full control of the labor of said convicts, if the same shall
be in the opinion of said board of trustees, expedient and practicable: Pro
vided, however, That whether said labor of the said prisoners is to be employed
upon the contract system or upon the piece-price system, the number of con
victs employed in any single trade shall not exceed 100, except such trade or
industry [as] is in actual operation in the State of Indiana.*"
S ec . 12362. Farm work.—The said board of control is hereby authorized to
lease lands and to use lands owned by the State not otherwise devoted to State
purposes, to be selected by them, to be improved and employed and used in
cultivating and raising farm products in the discretion of said board, said
products to be used to supply the wanfcs and needs of said prison, and should
there remain any surplus the same may be sold in the open market; and if, in
improving lands owned by the State, it shall become necessary to dispose of
timber, the same may be sold by said board, either as standing timber or cut
up into marketable products and sold, and said board of control may employ
upon said lands so leased or owned all prisoners in said prison not employed
in prison duties. Such prisoners shall be employed only at hand labor while
working said lands. The control and superintendency of said lands and of
convicts employed upon the same shall be under the board of control and the
officers of said prison.
S ec . 12363. Contract system.—No contracts for the labor of the convicts shall
be made for a longer period than up to October 1, 1920. Sueh contract, whether
made for the labor of convicts or on the piece-price system, shall be awarded
to the highest and best bidder for the same. The regular hours for the day’s
work in said prison shall not exceed 8 hours, subject to temporary changes
under necessity, or to fit special cases, to be sanctioned by the board of trustees.
Such convict labor shall be employed at such trades and industries as shall
least interfere and compete with outside labor and industries in the State of
Indiana.
A commission of five is hereby created for the purpose of investigating the
condition and devising a plan by which the convict labor in this State can
be employed without interfering and competing with outside labor and indus
tries. * * *
S ec . 12365. Work otf convicts; materials.—It shall be the duty of the warden
to assign the convicts to such work as, in his opinion, they are particularly
adapted to, and shall recommend to the board of control from time to time, such
necessary materials, tools, apparatus, or accommodations as ar.e needful for
£he. purpose of carrying on and conducting of such industries as may be author
ized under the provisions of this act. He shall make quarterly detailed state
ments of all materials or other property procured and the cost thereof, and of
the expenditures make during the last preceding quarter for such manufactur
d
ing purposes, together with a statement of all materials then in hand to be
manufactured, and the amount of all kinds of works done, and the earnings
realized, during said quarter, and file the same with the auditor of State.
Sbc. 12366. Hand work.—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
system, shall be hand work, as far as practicable or remunerative to the State.
Sec . 12369. 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.
Sec . '12370. Sale of materials.—The materials for the successful operation
of said plant shall be purchased, and 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 to
the best interest of the State.
S ec . 12371. Buildings and machinery.— T h e b oa rd o f con trol o f said prison ,
w ith th e consent o f the G overnor, m ay b u ild and rem odel such b u ild in gs and
pu rch ase such m aterials and m ach in ery a s sh a ll b e n ecessary to fu lly equip
sa*d plan t fo r its successfu l operation.
TEXT OF LAWS, 1933
37
Sec. 12427. Contract system abolished.—The contract system ©f labor for the
inmates of the Indiana reformatory shall be abolished after July 1906.
Sec. 12428. Instruction.—It shall be the duty of the board of managers to
provide for teaching the inmates in the eemmon branches of an English educa
tion, 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. For this purpose, said managers
shall establish and maintain common schools, trades schools, and military drill
in said reformatory, and make all needful rules and regulations for the gov
ernment of same, and do such other acts as will be necessary to accomplish
such results.
Sec. 12429. 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 pro
vide for the manufacture of goods on State account, for the production of
such articles as are used in the institutions of the State and in certain politi
cal divisions of the State, and in the production of sueh 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.
Sec. 12431. 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.”
S eo. 12440. Employment of prisoners.—It shall be the purpose of the State
farm to employ 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.
Sec. 12444v State supplies manufactured.—The boards of trustees of the
Indiana Reformatory, the Indiana State Prison and the Indiana State Farm are
liereby empowered and authorized to manufacture such articles as are used
by the State, its institutions, and its political divisions, and to produce such
articles and products as may be found practicable, and to sell the surplus', if
any, upon the market.
Sec. 12445. 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 hereinafter named, which price shall not exceed the market price for
articles of the same grade.
Sec. 12446. Board of classification; prices.—The superintendent and presi
dent 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 super
intendent 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. * * *
Sec. 12447. List of articles.— [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.]
Sec. 12450. Highways.—The board of trustees of the Indiana Reformatory
and the board of control of the Indiana State Prison are each hereby author
ized and empowered to work the 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 such institutions at which they can be employed;
and, to that end, said board of trustees and board of control shall have the
38
LAWS RELATING TO PRISON LABOR
power and authority, while such inmates, or part of them are so engaged, to
confine them, when not so at work, in such places, to be designated by such
boards of trustees or control, where such inmates may be safely and properly
cared for.
BURNS ANNOTATED STATUTES, 1926—SUPPLEMENT, 1929
S ection 12377. 1. Manufacturing license plates.—The board of trustees of the
Indiana State Prison shall establish and conduct, for the employment of
inmates of the Indiana State Prison, an industry for the manufacture, for the
State, counties, and other municipalities, of motor-vehicle-license plates and
street, highway, and other signs and markers. Said board shall have power to
sell such products by contract or otherwise to other States or political subdivi
sions thereof, or to the United States Government, or in the open market, and
shall fix the price of all articles produced as near the market price as possible.
In fixing the price of such products to the State of Indiana, or any subdivision
thereof, the value of the labor of each inmate employed at such work shall be
calculated at a reasonable rate to be fixed by the board of trustees, of which
such amount as the board may deem advisable may be allowed as pay to each
prisoner so employed, or as a benefit to his dependents.
S ec . 12377.2. Estimates of needs.—Whenever the board of trustees is pre
pared to furnish such products, it shall give notice to the proper officials
of the State and each county or other municipality of the kind or kinds of
products it is prepared to furnish and on or before July first, and each year
thereafter, the official so notified shall report to the said board of trustees
estimates of the amount of such Indiana State Prison products it will require
for the ensuing year.
COUNTY AND MUNICIPAL PRISONERS
BURNS ANNOTATED STATUTES, 1926
S ection 12561. Prisoners kept at labor.—All prisoners and other persons
held in the 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 commis
sioners shall deem most advantageous to such county and under such rules
and regulations 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.
S ec . 12562. Prisoners of cities and towns.— A n y person sentenced to im
p rison m en t o r com m itted f o r a fa ilu re to p a y or rep levy a n y fine, fo rfe itu re ,
and costs, u nder any ord in a n ce or la w o f any tow n o r city in such cou n ty
h av in g a w ork h ouse established, m ay be com m itted to such w orkh ouse, under
such con tra cts and agreem ents as such tow n or city and the b oa rd o f com
m ission ers o f such cou n ty m ay, fro m tim e to tim e, make. Such prison ers, a t
a ll tim es, shall be su b ject to the rules and regu lation s adop ted f o r th e con d u ct
a n d m anagem ent o f th e w orkh ouse.
IOWA
STATE PRISONERS
CODE, 1931
S ection 3323. Prisoners to work.—Inmates of said institutions subject to
the provisions hereinafter provided may be required to .render any proper
and reasonable service either in the institutions proper or in the industries
established in connection therewith.
S ec . 3325. Wages may be paid.—When an inmate performs services for the
State at an institution, the board of control may, when it deems such course
TEXT OF LAWS, 1933
39
practicable, pay such inmate such wage as it deems proper in view of the
circumstances, and in view of the cost attending the maintenance of such
inmate. In no case shall such wage exceed the amount paid to free labor
for a like service or its equivalent.
S ec . 3757. Employment of prisoners.— P rison ers in the pen iten tiary or m en’s
re fo rm a to ry shall be em ployed on ly on State accou n t in the m ain ten ance o f
the in stitu tions, in th e erection, repair, or operation o f buildin gs an d w ork s
used in con nection w ith sa id institutions, and in such in du stries as m ay
be established and m ain tain ed in con n ection th erew ith b y th e b oa rd o f
con trol.
Prisoners classed as trusties may be employed under proper supervision
in the repair and construction of bridges and primary roads and in the repair
and construction of walks and driveways within State parks.
The employment of prisoners on work of any character which the State
contracts to do for any person, firm, or corporation on State premises, where
the work and prisoners employed thereon are both under the supervision,
direction, and control of the board of control and the warden, shall not be
construed as contracting or leasing the labor of prisoners to such person,
firm, or corporation.
The board shall not permit such services to be rendered to a private party
at a less wage than is paid free labor for like service or its equivalent, taking
into consideration all the elements that enter into the value of prison labor,
and the decision of the board of control in that respect shall be final, after
approval by the appeal board provided for by chapter 22.
S ec . 3758. Construction work.—The board may temporarily detail, under
proper surveillance, trustworthy prisoners to perform services in the construc
tion or repair of any work imposed on the board at any institution under their
control.
S ec . 3759. Labor price.— [Board of control to determine labor price.]
S ec . 3763. Disposition of products.—Such supplies, material, and articles
manufactured by convict labor within the State shall be furnished by the board
of control to the State, its institutions and political subdivisions, and the road
districts of the State at a price not greater than that obtaining for similar
products in the open market.
Sec . 3764. Contract system abolished.—The board of control or the warden
of the State penitentiary or the warden of the reformatory shall not, nor shall
any other person employed by the State, make any contract by which the labor
or time of any prisoner or inmate in such penitentiary or reformatory shall be
contracted, let, farmed out, given, or sold to any person, firm, association, or
corporation.
S ec . 3765. Road work.—The board of control shall certify to the board of
supervisors of any county, upon request, the number of persons in the peniten
tiary and reformatory whom the warden may recommend to be used for road
work. The State highway commission, boards of supervisors, and township
trustees may use such persons in the building or repairing of public roads
whenever, in their judgment, it is practicable to do so.
COUNTY AND MUNICIPAL PRISONERS
CODE, 1931
S ection 5512. 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, bylaw, or police regulation,
may be required to labor during the whole or part of the time of his sentence,
as hereinafter provided, and such tribunal, when passing final judgment of
imprisonment, 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 ec . 5513. Place of labor; hours.— Such la b or m ay b e on th e streets or pu b lic
roads, on o r about p u b lic b uildin gs or grounds, or at such oth er places in the
cou nty w here confined, and du rin g such reasonable tim e o f the da y as the person
having ch a rge o f the prison ers m ay direct, n ot exceed in g 8 h ou rs each day.
S ec . 5514. Supervision.— I f the sentence be f o r the v iola tion o f any o f th e
statutes o f th e State, the sh eriff o f the cou n ty sh a ll superintend the p erfo rm
ance o f th e la b or, and fu rn ish th e tools a n d m aterials, i f n ecessary, to w ork
40
LAWS RELATING TO PRISON LABOR
with, at the expense of the county in which the convict is confined, and such
county shall be entitled to his earnings.
S ec . 5515. Labor not to be leased.— Such labor sh a ll be p erform ed in a ccord
ance w ith such ru les as m a y be m ade by resolu tion o f the b oa rd o f su p ervisors
n ot in con sisten t w ith th e p rovision s o f this chapter, a nd such la b or shall n ot
b e leased.
S ec . 5516. Municipal prisoners.—When the imprisonment is under the judg
ment of any court, police court, police magistrate, mayor, or other tribunal of a
city or town, for the violation of any ordinance, bylaw, or other regulation
thereof, the marshal shall superintend the labor, and furnish the tools and
materials, if necessary, at the expense of the city or town requiring the labor,
and such city or town shall be entitled to the earnings of its convicts.
S ec . 5518. Credit given for labor.—For every day’s labor performed by any
convict under the provisions hereof, there shall be created on any judgment
for fine and costs against him the sum of $1.50.
Sec. 5772. City jails.— [T h e provision s rela tin g to cou n ty ja ils shall apply, as
f a r a s m a y be, to city ja ils and the persons in ch a rge th e re o f.]
KANSAS
STATE PRISONERS
REVISED STATUTES, 1923
S ection 76-2320. * * * 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.
S eo. 76-2321 (as amended 1927, ch. 313). Earnings of prisoners.—The board
of administration is directed to pay, out of any general fund belonging to the
State industrial reformatory, to each convict employed by the State a sum of
money, and such wage shall not be less than 4 cents per day and may be
raised from time to time above 4 cents where in the judgment of the superin
tendent or board of administration the work is of such quality and value as to
warrant a greater amount, but in no case is the amount so paid to exceed 25
cents per day for each day’s work performed by the convict above the regular
daily task assigned by the superintendent of the reformatory while in the
reformatory; * * *.
S ec . 76-2330 (added 1925, ch. 27). Manufacture; sale of products.—The
superintendent of the Kansas State Industrial Reformatory, with the approval
of the State board of administration, is hereby authorized and empowered to
sell and dispose of, to the best advantage of the State, preference being given
to orders from residents of the State, all the manufactured products of the
manual-trade department. The character of said manufactured products
shall be determined by the State board of administration and business manager.
Sec . 76-2406. Duties of tearden.—It shall be the duty of the warden under
the rules and regulations adopted by the board of administration for the
direction and government of all officers of the penitentiary: * * * Fifth.
To use every proper means to furnish employment to the prisoners most bene
ficial to the public and best suited to their several capacities under the direc
tion of the board of administration. Sixth. To superintend any manufacturing
mining or other business that may 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
administration. * * *
Sec . 76-2426 (as amended 1927, ch. 314). Earnings.— [This applies to the
State prison at Lansing. It is similar to section 76-2321 which applies to the
penitentiary at Hutchinson.]
S ec . 76-2428. Contracts.— C on tracts shall be m ade fo r a term n ot exceed in g
6 years, and shall be a w a rded to th e highest responsible bidder, b u t n ot a t a
less p rice than 45 cen ts p er diem fo r each able-bodied con vict. N o b id shall
be entertained unless it is accom panied w ith a bond o f $5,000, w h ich b on d shall
be con dition ed fo r a fa ith fu l com plian ce w ith the term s of the b id m ade if
accepted.
Sec. 76-2432. Employments; work time.—* * * The party hiring the
labor shall be required so far as practicable to teach the prisoner as much of the
TEXT OF LAWS, 1933
41
trade at which he is employed as will enable him to work a t th e sam e when
discharged from prison. No contract shall be made for the employment of the
prisoners outside of the prison grounds. A day’s labor shall be 10 hours. * ♦ *
Sec. 76-2433. Mining coal.—The warden is authorized to mine and take out
the coal on the land belonging to the State upon which the penitentiary is
located and ajacent thereto, so far as that can be done without injury to the
penitentiary buildings located thereon, and to employ the labor of such con
victs as are not required in other departments of the penitentiary or to supply
existing contracts in so doing. The board of administration 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 ec . 76-2434. Minimum production.—The minimum production of each in
mate 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.
S eo. 76-2435. Excess production.—Any inmate miner who shall produce more
than 9 tons of 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.
Sec . 76-2440 (added 1927, ch. 311). Sale of surplus.— [The board of admin
istration is authorized to sell all the surplus coal mined and brick manufactured
in the State prisons to the other institutions of the State. A fair and reason
able price is to be paid for all such coal and brick purchased.]
Sec. 76-2440b (added 1927, ch. 311). Sale on open market forbidden.—No coal
mined at the Kansas State Penitentiary shall hereafter be sold on the market
by contract or otherwise except for the purposes as provided in section 1 of
this act [76-2440].
S eo. 76-2441. Output limited.—T h e ou tpu t o f coa l a t th e pen iten tiary m ine
shall be lim ited to th e needs o f the p u b lic b u ildin gs and in stitu tion s o f th e
State, excep t th e co a l a u th orized to be fu rn ish ed to th e em ployees o f th e
penitentiary.
Seo. 76-2442. Private labor for hire.—It shall be unlawful to allow any con
vict 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 extend
ing and repairing the State and county roads, and upon other work exclusively
for the benefit of the State. * * *
Sec. 76-2442a (added 1927, ch. 315). Constricting public buildings.— [The
board is authorized to use prison labor, either common or skilled, so far as it is
practicable in the construction and repair of buildings on State property, the
cost to be paid by the institution using such labor.]
S eo. 76-2443. Coal furnished employees.— [The warden is authorized to fur
nish annually each employee of the penitentiary, who is the head of a family,
150 pushels of coal mined by the prisoners. Additional coal may be furnished
them at actual cost of production.]
S eo. 76-2448. Highways.—Upon the written request of the board of county
commissioners of any county of the State of Kansas, the warden of the
Kansas State Penitentiary may detail such convicts as in his judgment shall
seem proper, not to exceed the number specified in said written request, to
work upon such public roads and highways of said county as shall be desig
nated in said written request of said board of county commissioners: Provided,
That such county shall pay all additional expenses of guarding such convicts
while working upon said public roads and highways within such county, and
shall furnish all tools and materials necessary in the performance of said
work: And provided, That the board of county commissioners of any such
county shall pay to the warden of such penitentiary the sum of $1 per day for
each convict so furnished by said warden to said 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 convict, 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.
Sec . 76-2450. Bridges, etc.— Said con victs, w hen em ployed u nder th e p ro
vision s o f section 1 o f this a ct [76-2448], sh a ll n ot be u sed f o r the pu rpose o f
42
LAWS RELATING TO PRISON LABOR
building any bridge or structure of like character, which requires the employ
ment of skilled labor.
Secs. 76-2452, 76-2452a (added 1925, ch. 30), 76-2458. Twme plant.— [These
sections make financial provision for the erection and maintenance of a hardfiber twine plant at the State penitentiary at Lansing. Details as to employ
ment, methods of work, etc., are not given. The sale of twine is regulated
as follows:]
Sec . 76-2454. Sale of twine.—The warden of the penitentiary, by and with
the approval of the board of administration, is hereby vested with power and
authority to sell and dispose of to the best advantage of the State, giving pref
erence to orders from residents of this State, all the manufactured product of
said hard-fiber twine plant.
S ec . 76-2514. Industrial fawn, for women.—The State board of administra
tion shall provide equipment for the regular employment of all inmates of the
State industrial farm for women, by erecting shops for the manufacture of
goods and utensils and the purchase of farm machinery and stock which will
permit light forms of agriculture, such as truck gardening, chicken raising, and
dairying, not to the exclusion of the cultivation of cereals and grasses. It
shall be the duty of the superintendent to provide for the daily labor of all
inmates according to their capacity and adaptability. The products of the labor
which are not used for the women’s industrial farm shall be used in other in
stitutions in the State, and a system of bookkeeping shall be had between the
various institutions using such products and the industrial farm for women,
and the expenses of delivering such products to the various institutions of
the State shall be paid out of the maintenance fund of the institutions re
ceiving such products. All products not demanded by such institutions shall
be sold at the market price and the proceeds thereof devoted to the improvement
of the industrial farm for women: Provided, That the said board of adminis
tration may provide for the selling on the market of such surplus products
of said State industrial farm for women instead of providing for their use at
other State institutions, when it is necessary to do so in order to prevent such
products from perishing or deteriorating in value.
S ec . 76-2518. Employment of prisoners.— * * * They [the inmates of the
State industrial farm for women] 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.
S ec . 76-2519. Earnings.— [System is provided for allowing each inmate
from 3 to 5 cents per day as earnings.]
COUNTY PRISONERS
REVISED STATUTES, 1923
S ec. 62-2101. Employment.—Whenever any male person, convicted of a mis
demeanor, shall be adjudged to pay the costs of the proceedings by which
he was convicted, or a fine, or both costs and fine, and for failure to so do
shall be committed to the county jail, the board of county commissions of
the county in which such prisoner is confined shall compel such prisoner to
work on any street, highway, poor farm, or public works under its direction
and control. For each day’s work so performed by him, such prisoner shall
receive a credit of $1 upon the amount of costs, or fine, or fine and costs, and
when his credits thus obtained shall be equal to the amount of such costs, or
fine, or fine and costs, he shall be released and set at liberty and such judgment
of conviction shall be receipted in full by the board of county commissioners.
S ec . 62-2162. Hours of labor.— * * * No prisoner shall be worked more
than 8 hours in any 24 consecutive hours.
Sec. 62-2103. Stoneyard.—The board of county commissioners may establish a
county stoneyard, and work male prisoners at breaking stone for use in macad
amizing streets and roads, under siuch rules as they may from time to time
ordain and establish.
Sec. 62-2104. Disposition of stom.—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 cannot
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
TEXT OF LAWS, 1933
43
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.
Sec. 62-2105. 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 commissioners 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 author
ized to accept such undertaking, and direct the jailer to allow such prisoner
to leave said jail for the purpose 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 performed in the manner and in the time designated
in said undertaking, the chairman 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 commis
sioners may extend the time for doing the work specified in such undertaking.
Seo. 62-2107. Allovxmce for work.—Prisoners shall be allowed $1 for each
day’s work performed by them in good faith under the provisions of this
act, or, if the prisoner prefer, the board of county commissioners may allow
such prisoner a specified sum per cubic yard for breaking stone. The amount
so earned by the day or by the cubic yard, when the same shall amount to
the sum of the fine and costs, the same shall be deemed a full satisfaction of
the fine and costs in the action for which the said prisoner was committed
to the jail of the county.
COUNTY AND MUNICIPAL PRISONERS
REVISED STATUTES, 1923
Seo. 62-2109 (added 1927, ch. 238). Employment on county roads.—When
ever any able-bodied male prisoner is confined in 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 therefor, the sheriff of such county or the marshal or chief of
police of such town or city shall, under the direction of the county commis
sioners or governing body of any city, compel such person to work at hard
labor 8 hours of every working day: * * *. The sheriff of such county
shall, under the direction of the board of county commissioners, when no other
work is available compel the said prisoners to work upon the public roads or
highways of such county in the making or repairing of such roads or high
ways. The county commissioners of the county shall, when informed by the
sheriff that there are prisoners confined in his jail who may be put to work
upon the roads or highways, provided there is such work upon the roads or
highways, provide for the payment of additional expenses of guarding such
prisoners while performing such work, or in conveying them to and from such
work. Every male prisoner so employed on the roads or highways shall work
out the fine and costs which has been imposed upon him at the rate of $2 per
day for each day’s work: * * *
KENTUCKY
STATE PRISONERS
CONSTITUTION
Section 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 author
ize employment of convicts elsewhere, except upon the public works of the
Commonwealth of Kentucky, or when, during pestilence or in case of the destruc
tion of the prison buildings, they cannot be confined in the penitentiary.
4705°— 38------- ft
44
LAWS RELATING TO PRISON LABOR
*
* * The Commonwealth of Kentucky may use and employ outside of the
walls of the penitentiaries in such manner and means as may be provided by
law, persons convicted of felony and sentenced to confinement in the peniten
tiary for the purpose of constructing or reconstructing and maintaining public
roads and public bridges, or for the purpose of making and preparing material
for public roads and bridges, and that the Commonwealth of Kentucky may, by
the use and employment of convict labor outside of the walls of the penitentiary
by other ways or means, as may be provided by law, aid the counties for road
and bridge purposes, work on the State farm or farms.
Sec. 254. Control by State.—The Commonwealth shall maintain control of the
discipline, and provide for all supplies, and for the sanitary condition of the
convicts, and the labor only of convicts may be leased.
CARROLL’S STATUTES, 1930
Sections 524-526a. Marking convict-made goods.— [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
“ convict-made coke ” ; vehicles used for retailing must be similarly marked.]
Sec. 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
convict or person so employed.
Sec. 3807. Contract system.—It shall be the duty of the commissioners to hire
out to a contractor or contractors the convicts able to perform manual labor,
to be worked within the walls of the penitentiaries. Such hiring shall be to
the highest and best bidder, after due advertising, and the labor in both peni
tentiaries may be hired to one person, or the labor in whole or in part in each
penitentiary may be hired to different contractors. * * *
Sec. 3811. Machinery placed in prisons.—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 or manufacture inside the prison, but such business shall not be de
structive 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.
Sec. 3828b-l. Employment.—Upon a request of the State highway commission,
the State board of charities and corrections shall assign such of the prisoners
confined in the State prisons as are available for work on such roads as are
constructed or maintained by or under the direction of the State highway com
mission. Such prisoners may also be employed in the manufacturing, quarrying,
mining, and preparation of road and bridge material to be used either by the
State highway commission in the construction of roads and bridges or by the
board of charities and corrections for such other purposes as said board may
determine. Such prisoners, when assigned by the board of charities and cor
rections, for work under the direction of the highway commission, shall work
at such place and at such times as shall be designated by the State highway
engineer, and the work done by them on such assignment shall be performed
under the direction and according to the plans and specifications of the highway
commission. * * * »^jle cogj. an(j expense of care, guarding, supervision,
maintenance, and housing of said prisoners by the board of charities and cor
rections at the road camps, shall be paid out of the fund accruing from the
hiring of such prisoners, after deducting therefrom that portion of such fund
as may be set apart by this act, for the savings of said prisoners and for the
relief of their dependents.
Sec. 3828b-4. Hours of employment.— * * * AH prisoners engaged in
siuch work may be employed on an average of 10 hours per day, but the number
of hours per day said prisoners may be required to work in any month may
vary with the season and shall be under the direction of the commissioner of
public institutions and the State highway engineer.
Seo. 3828b~6. Earnings.—The State board of charities and corrections shall
provide rules and regulations whereby each prisoner engaged in any kind of
work shall receive a certain percent of his earnings, which shall not be less
TEXT OF LAWS, 1933
45
than 25 percent nor more than 50 percent per day, the amount thereof to be
determined by said board, and, in determining the same, said board may take
into account the record, conduct and discipline of each prisoner, and the number
and requirements of his dependents. * * *
Sec. 3828b-8. Number so employed limited.—The number of prisoners
eligible to employment under this act shall at no time exceed in the aggregate
10 percent of the population of the prisoners in each State prison. But as
between the several existing contracts for prison labor the proper authorities
shall arrange the assignments of the men eligible for work under this act so
that the withdrawals shall be in fair proportion with reference to each of said
contracts.
COUNTY PRISONERS
CARROLL’S STATUTES, 1930
Section 1877. 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 dis
cretion, 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 ec . 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 im
prisonment or both are satisfied, the defendant shall be placed in the work
house, 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 prisoner shall
be worked, and he shall give preference to work on the roads of the county
whenever the weather will permit. * * *
Sec . 1380. Hours.—The defendant shall not be required to labor more than
8 hours a day, and may at any time pay or replevy the fine and costs, or
whatever part thereof remain unpaid after receiving credit of $2 for each
day worked in payment thereof.
S ec . 4867. Workhouse.—Each county court shall have power to establish
a workhouse, * * *.
S ec . 4869. Rules for government.—The county court shall have power to
prescribe, by an order of record, regulations for the government of the work
house, and may, from time to time, determine the character o f . work to be
done, and the place, either in the house, on the workhouse grounds or
elsewhere; the number of hours the prisoners shall work; * * *.
S ec . 4870. Lease of workhouse.—The county court may, for a period not
longer than 1 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 may, during such period, be in the workhouse, under such
regulations as the county court may lawfully prescribe. * * *
Sec . 4871. Hiring out prisoners.—The county court may, at its discretion,
hire out prisoners for part or all of their terms. * * *
LOUISIANA
STATE PRISONERS
CONSTITUTION
A rticle
III
S ection 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 corpo
ration, private or public, or quasi public, or board, save as herein authorized.
46
LAWS RELATING TO PRISON LABOR
DART’S GENERAL STATUTES, 1932
S ection 3578. * * * (b) Contracts for convict labor.—The Louisiana
Highway Commission is hereby authorized and empowered to make and execute
such contracts on its behalf for the use of such convicts on the roads and
bridges of the State highway system and on public works under its jurisdic
tion, wherever and whenever, in its opinion, the same is economical, practical
and efficient, and whenever in the opinion of the general manager of the
State penitentiary such convicts are available: Provided, That under no
circumstances and by no arrangement shall such convicts be leased or hired
to any person, firm, corporation, contractor, or any one doing work under
contract with or for the Louisiana Highway Commission, and such use of
such convicts shall be confined to work being done by the commission
itself. * * *
S ec . 3598. Highways.— [The Louisiana Highway Commission is authorized
to enter into contracts with the general manager of the Louisiana State
penitentiary to do the repair work on roads, payment for which is to equal
the minimum price bid received through advertisement for bids on the work.]
Sec . 6814. 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 pref
erence, said work, or any part of same that he may select, to the general manager
of the State penitentiary 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.
Sec . 6815. Subletting.— T h e ob ject o f this a ct is to fu rn ish to the pen iten
tia r y fo rce s any and a ll w ork that they m ay be able to do in b u ild in g and
m ain tain in g th e levees th rou ghou t the State, and is specifically n ot in ten ded
t o pu t th e p en iten tiary fo rce s in the position o f takin g con tra cts fo r th e
pu rpose o f subletting.
DART’S CODE OF CRIMINAL PROCEDURE AND CRIMINAL STATUTES,
1932
S ection 1404. Voluntary employment.—Hereafter whenever a prisoner sen
tenced to the parish prison of any parish of this State, the parish of Orleans
included, by any court of competent jurisdiction, shall be willing of his own
free will and accord to perform manual labor upon any of the public roads, or
levees, or streets, or public buildings and improvements or public works inside
or outside of the prison, the criminal sheriff of said parish shall set said pris
oners to work upon such labor as shall be determined by the police juries of
the several parishes and the municipal authorities of the several towns and
cities: Provided, That such prisioners shall always remain under the custody
and control of the several sheriffs.
Sec . 1405. Sentence remitted.—Any prisoner who shall thus consent to work
shall have as many days taken off or remitted from his sentence corresponding
with the number of days during which he shall have performed work in the
manner above mentioned: Provided, That such days be computed at the rate of
10 hours work per day.
S ec . 1414. Prison farms.— [Provision is here made for the creation of prison
districts, to be governed by a board of governors. The prison districts are
authorized to acquire title to property for the purpose of operating and main'
taining prison farms and other public works, with prison labor.]
Sec. 1437. Farms.—The board of control, or [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 manufacturies. * * *
Sec . 1438. Buildings, etc.—The buildings to be erected by the board of control,
or quarter boats or other quarters * * * shall be constructed, as far as
possible, with convict labor. * * *
TEXT OF LAWS, 1933
47
Sec. 1441. Public works.—The board of control is hereby authorized to con
tract for building 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 construction of the same or for work in connection therewith, the
same as a private contractor; * * *.
S ec. 1449. Work on certain roads.—The general manager of the State peniten
tiary is authorized to work and maintain such roads within the parish of West
Feliciana as shall not, at the time the work is performed, be under the
jurisdiction of and maintained by the State highway commission, and that when
requested so to do by the police jury of the said parish of West Feliciana
he shall be required to perform such work, free of all charge and expense to
the said parish: Provided, That said general manager of the State penitentiary
shall not be required to furnish more than a working unit of 10 convicts from the
penal farm at Angola and such foreman and guards as shall be necessary to
handle and control one unit; * * *.
Sec . 1455. Demonstration farms established.—The board of control of the
State penitentiary shall establish and maintain on Hope Plantation, Oakley
Plantation, and Monticello Plantation a general system of demonstration of agri
cultural and stock-raising operations, to which at least 500 acres of land on
each of said properties should be dedicated from the area of each of said
properties; and the said board of control may, in its discretion and to meet
the requirements of the purposes herein set forth, increase said area. * * *
Seo. 1460. Sale of products.—The said board of control shall have the author
ity to market, sell, trade, or dispose of any of the animal or agricultural prod
ucts of said farms, whether it be for the maintenance thereof or with the aim
upon proper and commensurate compensation to aid in the promotion of the
agricultural and stock-raising industries.
COUNTY PRISONERS
DART’S CODE OF CRIMINAL PROCEDURE AND CRIMINAL STATUTES,
1932
Section 1402. 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 of
fense 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 of 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.
Sec. 1403. Ordinances.—In the city of New 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 ckrry into effect
the provisions of this act and for the discipline, working, and employment of
such convicts: Provided, That * * * the person so convicted shall not be
worked more than 10 hours a day, and shall not, in any case, be put at work
before 6 o’clock in the morning: Provided, That such convicts shall not be em
ployed 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.
DART’S GENERAL STATUTES, 1932
S ection 3655. 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 imprison
ment and the payment of a fine, or to such imprisonment in default of the pay
ment of a fine, he shall be committed to such jail there to remain in close con
finement 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 con
victs to be kept at work until the expiration of the sentence of imprisonment:
48
LAWS RELATING TO PRISON LABOR
Provided further, That where in the discretion of the court the person so con
victed and sentenced should be kept in close confinement the court may so
order: And provided further, That convicts sentenced to imprisonment alone, or
to imprisonment and fine, shall not be hired out for a less sum than the aggre
gate of their fine, costs of court, and fees of the officers.
Seo. 3656. Persons held for pies.—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 2 years; * * *.
S ec . 3663. Glasses of convicts.—All convicts are divided into two classes,
to wit:
First. All able-bodied males, over the age of 18 years and under the age of
55 years;
Second. All 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
appointed by said police jury.
Sec. 3664. 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 seeond, not
less than $2 per month nor 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 recommenda
tions, 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.
S ec . 3670. Where work to be done.— T h e lessee or con tra ctor w h o sh a ll be
selected b y the p olice ju r y shall be required to w ork said con victs w ith in the
pa rish , and sh a ll n ot be perm itted to sublease them to any person w hom soever.
[The above sections (secs. 3055, 3656. 3863, 3664, and 3670) enacted in 1908
do not specifically repeal Act No. 29, 1894, Act No. 46, 1902, and Act No. 191,
1904, but it is believed they supersede them, and are given here as the law in
force at this date.]
S ec . 5422. Cities, towns, etc.—T h e m a y or and b oa rd o f alderm en o f every
city, tow n , a nd villa ge,
*
*
*
shall h ave p ow er :
*
*
*
*
*
*
*
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.
*
*
*
*
*
*
*
MAINE
STATE PRISONERS
ACTS OF 1933
C h apter 1 8
S ection 323. Labor required.—Punishment in the State prison by imprison
ment shall be confinement to hard labor, * * *.
Seo. 325. Employment on public works.—The department may nuthorize the
employment of able-bodied prisoners, sentenced for any term less than life, in
the construction or improvement of highways or on other public works within
8 Chapter 1, Acts of 1933, revises and rearranges the health and welfare laws of th<i
State; similar provisions regarding convict labor are contained in Rev. Stat. 1930 (ch. 52,
secs. 2, 8, 24, and 39).
TEXT OF LAWS, 1933
49
the State under such arrangements as may be made with the State highway
commission or other department of the State having such public works in
charge, and said department shall prescribe such rules and conditions as it
deems expedient to insure the proper care and treatment of the prisoners while
so employed and their g-afe-keeping and return. * * *
Sec. 3.31. Sales, etc.—All sales of articles from the prison, and the letting
to hire of such of the convicts as the commission deems expedient, and all
other contracts on account of the prison except those made by the State pur
chasing agent, shall be made with the warden, in the manner prescribed by the
department. * * *
Sue. 338. Goods to be marked.—All articles and goods manufactured at the
prison for sale shall be distinctly labeled or branded with these words
* Manufactured at the Maine State prison.”
COUNTY PRISONERS
REVISED STATUTES,
1930
C h a p t e r 92
S e o t o n 12. Provisions for employment.—They [the county commissioners]
may make such additions in workshops, fences, and other suitable accommoda
tions, in, adjoining, or appurtenant to the jails in the several counties as may
be found necessary for the safe-keeping, governing, and employing of offenders
eommitted thereto by authority of the State or the United States; and, for the
better employing of such offenders, they may lease or purchase necessary
lands or buildings anywhere within their respective counties and may authorize
the employment on such lands for the benefit of the county or of dependent
families of prisoners committed for crime, as provided in section 19
hereof. * * *
S eo. 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 20 of chapter 140 to labor at breaking stone.
And they may, at the expense of their several counties, provide suitable mate
rials 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 eommitted, for preserving such mate
rials and implements, and for keeping and settling all accounts of the cost of
procuring the same, and of all labor performed by each of the persons so com
mitted, and may make all necessary contracts in behalf of their several counties.
Sec . 14. Labor on Highways.—County commissioners may authorize the keep
ers of jails to put able-bodied male prisoners to work on the building or
repairing of highways within their county. ♦ * *
MUNICIPAL PRISONERS
REVISED STATUTES, 1930
C h apter
140
Section 28. 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 cost of commitment and any fine imposed
under the preceding section.
C h apter 153
Section 5. Employment.—Every person committed to such workhouse, if able
to work, shall be kept diligently employed during the term of his commit
ment. * * *
50
LAWS RELATING TO PRISON LABOR
MARYLAND
STATE AND COUNTY PRISONERS
ANNOTATED CODE, 1924
A rticle
27
S ection 666. State farm.—The board of welfare 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 Anno
tated Code of Maryland, and any amendments thereto, any lands or other
property, real or personal, or interest therein, together with any improvements
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.
Sec. 667. Employment of State convicts.—If a State farm is so established,
then it shall be the duty of the board of welfare to cause to work upon such
farm as 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.
Sec. 668. 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
jurisdiction as are physically able to work on said farm and as are available
T
for such work.
Sec. 670. Earnings.—The board of welfare 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; * * *.
Sec. 675. Exemption.—1
[The above provisions do not apply to the Baltimore
City Jail.]
Sec. 719. Highway labor.—All male prisoners confined in the Maryland Peni
tentiary, the Maryland 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 sections 719 to 726: Provided, That
nothing in said sections shall apply to the Baltimore City Jail, or to the mayor
and city council of Baltimore, or to the public highways of the city.
Sec. 720. Road force.—The governor of this State may from time to time
require the board of welfare to certify to him the number of male prisoners
confined in the Maryland Penitentiary and in the Maryland House of Correc
tion, 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; * * *.
Sue. 721. State roads.—Upon receiving such information the governor is
authorized 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.
Sec. 722. 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 main
tenance of any of the public roads, streets, or bridges under their respective
jurisdictions; and after the governor has assigned the prisoners to the State
TEXT OF LAWS, 1933
51
roads commission under section 721 such of the total number of prisoners
certified to him under section 720 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.
Seo. 724. 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 individual credit of the prisoners.]
STATE PRISONERS
ANNOTATED CODE, 1924
A rticle
27
S ection 676. System of labor.—The said board [board of welfare] shall
establish and maintain a system of labor for prisoners to supersede the present
system of contract labor in the Maryland Penitentiary and the Maryland House
of Correction, as soon as it shall deem the same expedient and proper; and
the board is hereby vested with all power and authority necessary to that end
and to put such 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 judgment the same may
be expedient, such form of labor as will offer an opportunity 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 persons as he may
direct.
A rticle 91
Section . 39. Employment on roads, quarries, etc.—For the purpose of build
ing and constructing or maintaining any roads, bridges, and highways under
the provisions of this act, or for the purpose of working in any stone quarry
operated by said commission [State roads commission] the said commission is
hereby authorized to make requisitions on the board of welfare for as many
inmates of the Maryland Penitentiary and the Maryland House of Correction
as may be necessary for said purpose; * * *
COUNTY PRISONERS
ANNOTATED CODE, 1924
A rticle
27
S ection 579. Employment of prisoners.—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 punishment under sentence of a court or justice of the peace, as
the county may require, to work on any road in said county* dr in any quarry,
pit, or yard, in preparing materials for use on the county roads; * * *
S eo. 712. Same.—The majority of any board of county commissioners or other
board in control of the public roads and bridges of any county in the State of
Maryland, shall be and they are hereby authorized to employ upon the public
roads or bridges of such county as a convict road force, any or all males sen
tenced to serve terms in the county jails of their respective counties, who are
in the judgment of the representatives of said county roads board, physically
able to perform such work; and it shall be the duty of the said county roads
board to provide for the guarding, transportation, lodging, feeding, and medical
attention of convicts when so employed.
52
LAWS RELATING TO PRISON LABOB
MASSACHUSETTS
STATE PRISONERS
GENERAL LAWS, 1932
C h apter
127
S ection 48. Labor required.—Prisoners in the State prison shall be constantly
employed for the benefit of the Commonwealth, but no prisoner shall be em
ployed in engraving.
Seo. 48A. Earnings.— [A system is established providing for payment to the
inmates out of the excess profit of the prison industries when the rate of profit
is in excess of the minimum rate of profit established for such institution; one
half of such excess profit shall be set aside for payment to the inmates. Pay
ments are graded according to the skill and industry of the inmate. No such
credit shall be paid directly to any inmate during his term of imprisonment,
but one half of the earnings may be paid directly to the dependents of the
prisoner. The law states what shall be deemed to be profits on prison-made
goods and what shall be deemed to be costs, etc., in determining the excess
profits from which compensation is paid.]
S eo. 50. Place of employment; hours.—Prisoners in the State prison, Massa
chusetts 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 ec . 51. Industries.—The commissioner and the warden of the State prison,
the superintendent of the Massachusetts reformatory, reformatory for women,
prison camp and hospital, State prison colony 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
commissioner, prisoners may be employed in cane seating and the manufacture
of umbrellas under the “ piece-price system,” so called.
S ec . 53. Articles.— T h e com m issioner shall, so fa r as possible, cau se such
a rticle s and m aterials as are used in the offices, departm ent, or in stitu tion s o f
the Com m onw ealth and o f the several counties, cities, and tow ns to be produced
b y the la b or o f prison ers in the institutions nam ed in section 51.
S ecs . 54r-58. Styles, prices, etc.— [The styles, qualities, materials, etc., of ar
ticles for use in the various offices, departments, and institutions shall be annu
ally determined by the officials of such offices, etc., and a descriptive list of
articles prepared. Estimates must be submitted of the articles and material;
needed, 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 cannot l;e
supplied. Prices shall conform as nearly as may be to the wholesale prices for
similar goods manufactured outside of the prisons.]
Sec. 61. Trades.—The commissioner and the superintendent of the Massachu
setts Reformatory shall endeavor to establish in said reformatory such indus
tries as will enable prisoners employed therein to learn valuable trades.
Sec. 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
stonecutting, not more than 150; in laundry work, not more than 100
Sec . 63. Same.— N ot m ore than 30 percen t o f the num ber o f in m ates o f any
p en a l or re fo rm a tory in stitu tion h avin g m ore than 100 inm ates shall be em ployed
in any on e in du stry, excep t cane seating and the m a n u fa ctu re o f u m brellas.
S ec . 64. Exceptions.— T h e tw o precedin g sections sh all n ot app ly to p rison ers
en gaged in th e m a n u fa ctu re o f good s fo r use in th e offices, departm ents, a n d
in stitu tion s n am ed in section 53.
TEXT OF LAWS, 193 3
53
S ec . 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 commissioner and shall at all times be open to public inspection.
S ec. 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 whieh the goods are delivered.
S ec . 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
preparing 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.—Material 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 commissioner 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 ec. 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 Common
wealth or of any county, city, or town.
S ec. 81. Employment at 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 prepa
ration of road material, and may use therefor such machinery as the commis
sioner may consider necessary. * * *
S ec . 82. Famis.—The commissioner may purchase or lease land, with funds
specifically appropriated therefor by the general court, for the purpose of im
proving and cultivating the land by the labor of prisoners from the prison camp
and hospital; and the commissioner may also make arrangements with offi
cials 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 insti
tutions, 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
produce to be used in public institutions, and in the reforestation, maintenance,
or development of State forests. * * *
S ec . 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 PRISONERS
GENERAL LAWS, 1932
C hapter
126
S ection 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
54
LAWS RELATING TO PRISON LABOR
exceeding 500 acres in area for use as a county industrial farm, and may 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. At 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 interests of the county.
Sec. 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, * * *.
S ec . 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 apter 127
S ection 84. Waste land.—The county commissioners of any county may pur
chase 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 im
prove waste or unused land, or land used for agricultural or domestic purposes,
by means of such prison labor. * * *
MICHIGAN
STATE PRISONERS
COMPILED LAWS, 1929
S ection 17544. Hard labor.—There shall continue to be maintained in this
State a State prison at Jackson, in the county of Jackson; a State i^rison
at Marquette, in the county of Marquette, and a house of correction and
reformatory at Ionia, in the county of Ionia, in which persons sentenced
shall be confined, employed at hard labor and governed in the manner
provided by law.
S ec . 17552. Duties of warden.— It shall be the du ty o f the w arden , under
th e rules and regu lation s adopted b y th e b o a rd o f h is prison f o r th e govern
m ent o f th e prison —
*
*
*
*
*
*
*
Fourth. To use every proper means to furnish employment to prisoners
most beneficial to the State and best suited to their several capacities;
Fifth. To superintend 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.
*
*
*
*
*
*
*
S ec . 17574. Employments.— T he w arden shall also h ave au th ority, under
such regu lation s as the b oa rd o f his prison m ay adopt, to em p loy con victs in
the erection or rep air o f the buildin gs or w a lls o f th e prison , in th e p rison
co a l m ine o r on the prison farm .
Sec. 17577. 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.
S ec . 17580. Hours.— A ll con victs oth er than such as are confined in solitu de
f o r m iscondu ct in the prison shall as fa r as p ractica b le be kept con sta n tly
em p loyed at h ard la b or at an average o f n ot less than 10 h ours a day,
Su ndays excepted, unless in capable o f la b orin g b y reason o f sickn ess or
oth er infirm ity.
TEXT Off LAWS, 1933
55
Sec. 17608. Board of prison industries.—The members of the boards of
control4 of the Michigan State prison at Jackson, the State house of correction
and branch of the State prison in the Upper Peninsula at Marquette, and the
Michigan Reformatory at Ionia shall, within 60 days after this act takes
effect, meet at the call of the Governor, and the Governor shall select from the
State boards three of their number, one from each board, who with the Gov
ernor, shall constitute a board to be known as the Board of Prison Industries
of Michigan. * * *
Sec. 17612. Contract system abolished.—The boards of control of any of
the three penal institutions mentioned in this act shall not, nor the wardens of
said institutions, nor shall any other authority whatsoever, make any new
contract or extend the time of any existing or pending contract by which the
labor or time of any prison convict in any of the penal institutions of this
State shall be contracted, let, furnished out or sold to any person, firm, associa
tion, or corporation beyond December 11, 1911: Provided, That this act shall
in no way affect any existing contract or contracts, except such contract for
a longer term than as specified in this section shall have the written approval
of the Governor and the warden of the institution endorsed thereon.
Sec. 17615. Factories to be 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, pur
chase, 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 carrying, handling, and marketing the manufactured product until disposed
of according 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: * * *.
Sec. 17618. Sale of products; price.—The price of the goods, wares, and mer
chandise manufactured 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 determine 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 plant: * * *.
Secs. 17625,17628. State account.— [These sections contain similar provisions
to those of sections 17615 and 17618 but relate to the State house of correction
and the branch of the State prison in the Upper Peninsula.]
Sec. 17632. Employment of prisoners in Ionia Reformatory.—The warden and
board of control of the Michigan Reformatory at Ionia are hereby authorized
to employ the inmates thereof on State account in the construction of roads
or the manufacture of such goods, wares, and merchandise as they shall deem
best and for that purpose, from the money herein appropriated, are hereby
authorized to erect such buildings and purchase such machinery, equipment, and
material as they shall deem necessary. They are also authorized to incur any
necessary expense in connection with the sale thereof and to determine the
price of said labor and manufactured articles.
Sec. 17637. 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 ablebodied con
victs as in their reasonable 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
* Now State Prison Commission.
See secs. 8163 and 8173.
56
LAWS RELATING TO PEISON LABOB
written request of said county, township, or district road commissioners or
board of supervisors: * * * Provided, 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: * * *
S ec . 17638. Regulations; payment.— [The State highway commissioner is
authorized to make requisition for convicts to be employed on the highways
as the need arises. While working upon the highways, convicts are main
tained in prison camps and are under the supervision and control of the State
highway commissioner. The compensation for such employment shall be
determined by the highway commissioner and the commissioner of pardons
and paroles. Such officers shall determine the amounts to be paid to each
convict and the amount to be paid the prison from which the prisoners were
obtained.]
S ec . 17639. Not to build bridges, etc.—Said convicts when employed under the
provisions of section 1 [17637] of this act shall not be used for the purpose of
building any bridge or structure of like character which requires the em
ployment of skilled labor.
S ec. 17645. Compensation for overtime.—The boards of control 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 en
gaged in manufacturing on State account, such sums for the time such convicts
may work in addition to or beyond the task fixed by the State in the prison
rules as may be recommended by the boards of control and wardens of said
State prisons: Provided, Such compensation does not exceed 15 cents per day
to each convict thus employed. Said payments of overtime shall be made by the
wardens at such times and in such amounts as may be required and deemed
necessary by the boards of control and wardens of said prisons and shall be
made from the sale of the manufactured product of the industry upon which
such convicts are engaged.
ACTS OF 1931
No. 277
1. Cement industry to be discontinued.—The Michigan State cement
industry, located near Chelsea, Mich., shall cease to be operated as a prison
industry of Jackson State Prison, and shall not be used by the State for the
production of cement after June 30, 1934.
Sec . 2. Disposition of property.—The Governor and the State administrative
board are hereby authorized and directed to dispose of the land, buildings,
and other property used in connection with the Michigan State cement indus
try to the best advantage of the State: Provided, That if at the present time,
in the opinion of the Governor and the State administrative board, a fair price
cannot be obtained for the property used in connection wth the Michigan State
cement industry, then such property may be operated: Provided, That through
such operations the plant shall earn all fair and reasonable operating ex
penses, including maintenance of buildings and machinery, until June 30, 1934,
when if not sold it shall be dismantled and the salvage forthwith sold to
the best advantage of the State. The land connected therewith may be sold
whenever thereafter the Governor and the State administrative board may
deem it advisable. All sums of money received from the sale of such property
shall be credited to the general fund.
S ection
COUNTY PRISONERS
COMPILED LAWS, 1929
Section 17677. Labor on highway.—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. Whenever any such resolution shall be passed, it shall be the
TEXT OF LAWS, 1933
57
duty o f the sheriff to cause such prisoners to be put a t work in such manner
as may be provided in the resolution of the board of supervisors. The com
missioner 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.
Seo. 17720. Work farms.—T h e va riou s counties o f this State a re h ereby
authorized to acquire, ow n, and h old real estate and bu ildin gs w ith in their
respective boun daries to b e used as w ork farm s, factories, o r shops f o r the
confinem ent, punishm ent, and reform a tion o f person s sentenced th ereto, and to
con du ct and op erate th e sam e.
Seo. 17721. Commission to control.— [A boa rd o f com m ission ers is elected b y
th e supervisors to have ch a rge.]
S eo. 17722. Employment.— Said com m issioners a re h ereby au th orized and
em pow ered to establish and a d op t rules fo r the regu lation and d iscip lin e and
the w ork and la b or o f th e persons confined in and on said w o rk farm , fa cto ry ,
o r sh o p ; * * *
MUNICIPAL PRISONERS
COMPILED LAWS, 1929
S ection 1961. Hard labor.—A ll persons sentenced to confinem ent in the city
prison, and all persons im prison ed therein on execu tion o r com m itm en t fo r
th e n onpaym ent o f fines fo r violations! o f the ord in a n ces o f th e city, m ay be
k ept a t hard la b o r du rin g the term o f th eir im prisonm ent, eith er w ith in or
w ith ou t the prison, u n der such regu lation s as the cou n cil m ay prescribe.
MINNESOTA
STATE PRISONERS
GENERAL STATUTES, 1923
S ection 10809. Labor required.— * * * Every person committed to such
institution [State prison or reformatory] shall be regularly employed at,
and compelled to perform a reasonable amount of hard labor in, some indus
trial work, unless exempted on account of sickness or other disability.
Sec. 10810. Contract system forbidden.—No 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 prisoners 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 fur
nishing the materials. The chief officer, under the direction of said board, shall
purchase such tools, implements, and machinery as they shall deem necessary
for the work.
S ec . 10811. Leasing.—After the passage and approval of this act 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 contract 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 ec. 10812. Sale of binding 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 purchase
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,
58
LAWS RELATING TO PRISON LABOR
a t 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.
Sec. 10814. Labor to be limited.—The number of prisoners employed in a
single industry at the same time, at any institution coming under the pro
visions of this act, shall not exceed 10 percent 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 commis
sioner, who shall be chairman, 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
T
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 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 hereafter 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 employed 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 . 10815 (as amended 1927, ch. 172; 1929, ch. 348). Agricultural machin
ery; sales.—The State board of control is hereby authorized, empowered, and
directed to establish, construct, equip, maintain, and operate at the State
prison, at Stillwater, a factory for the manufacture of hay rakes, hay loaders,
mowers, grain harvesters and binders, corn harvesters and binders, and corn
cultivators, and the extra parts thereof and if the board deems it advisable,
cultivators of all kinds, culti-packers, manure spreaders, ploughs, rotary hoes,
and the extra parts thereof and rope and ply goods of all kinds 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 profit
able employment of 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 di
rected, employ, and make use of prison labor to the largest extent feasible.
And said board of control and said warden of the said prison are hereby
authorized, directed, and instructed to establish in and throughout all parts
of this State where there is use and demand for such manufactured products
as are referred to herein, and binding twines, and ropes and ply goods of all
kinds, local selling agencies therefor, and to contract with such agencies to
furnish thereto for the local sale thereof, the farm machinery the manufacture
of which is authorized by this act and the extra parts thereof, f.o.b. the said
factory, at the actual cost of the production thereof, plus 5 percent of the
actual cost thereof; including 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 resale thereof to their actual customers therefor,
to charge advance prices equaling 20 percent 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 prosecution of the sales of the said machines
to the customers therefor.
Seo. 10816. Sales.—Except as hereinabove provided otherwise, the said board
of control shall cause the machines and extras manufactured at said factory
to be sold under and pursuant to such rules and regulations 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.
Sec. 10820. Earnings.—The State board of control be and it is hereby author
ized 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
TEXT OF LAWS, 1938
59
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 contract; and such assistance, when allowed, shall be paid out of the
current expense fund of the institution.
Seo. 10829. Trades; contracts forbidden.—The board shall cause the inmates
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 8 hours per day.
Seo. 10830. Road material.—The State board of control of the State of
Minnesota 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.
Seo. 10831. 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 sold by the
board of control to the several counties of this State for use upon State roads.
The same shall be so sold at such price as shall be agreed upon and fixed
by agreement of the board of control and the commissioner of highways. The
amount received by the board of control shall be used for the maintenance and
development of the rock-crushing industry at said institution.
Seo. 10832. Eammgs.—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. The sum arising
therefrom shall, until the prisoner’s final discharge, be under the control of
the superintendent, to be used for the benefit of such prisoner and his family;
but, should any such person willfully escape from the reformatory, or become
a fugitive from justice, he shall thereby forfeit all earnings remaining under
the control of the superintendent, and the same shall be placed in the inmates*
benefit fund.
ACTS OF 1929
Chapter 138
►
S
ection 1. Prison-made goods labeled.—Goods, wares, and merchandise made
by convict labor under contract in this or any other State, imported, brought,
or introduced into this State, shall be branded, labeled, or marked as herein
after provided before being exposed for sale, and shall not be so exposed with
out such brand, label, or mark.
The brand, label, or mark required by the next preceding section shall con
tain at the head or top hereof the words “ prison made ” followed by the year
and name of the penitentiary, prison, reformatory, or other establishment
in which it was made, in plain English lettering of the style known as great
primer roman capitals. Such brand or mark, if the article will permit, shall
be placed upon it and when such branding or marking is impossible, label
shall be used. Such brand, mark, or label shall be placed outside of and in a
conspicuous part of the finished article and its box, crate, or covering. * * *
COUNTY PRISONERS
GENERAL STATUTES, 1923
10853. 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
lock-up under judgment of any court of record,' justice court, or other tribunal
authorized to imprison for the violation of any law, ordinance, bylaw, or police
regulation, may be required to labor during the whole or some part of the time
of his sentence, 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 buildings, grounds, or elsewhere in the county. Persons await
ing trial may be allowed upon request to perform such labor. Each prisoner
S e c t io n
4705°— 33------ 5
60
LAWS RELATING TO PRISON LABOR
performing labor may be paid a reasonable compensation by the county if
imprisoned in violation of State law or awaiting trial upon a charge thereof,
and by the city, village, or borough if confined for the violation of any
ordinance, bylaw, or police regulation. * * *
Sec . 10889. 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
establish 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 lock-up 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 ec . 10892 (as amended 1929, ch. 197). La lor.— * * *
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 ec . 10894. Earnings.— [Not more than 50 cents for each day’s labor may be
allowed for the support of dependents.]
S ec. 10900. Farms for female convicts.— [F a rm land s n ot con tigu ous to any
w o rk fa rm fo r m en m ay be p rocu red and equipped as a correction a l or w ork
fa r m f o r w om en on ly.]
ACTS OF 1927
C h apter
142
County work farms.— [The board of county commissioners of any county
with 22 to 26 townships is authorized to establish and maintain, in connection
with the poor farm, a work or correctional farm for the confinement and care
of prisoners.]
MISSISSIPPI
STATE PRISONERS
CONSTITUTION
S ection 223. Employment regulated.—No 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 31, A.D. 1894, save as authorized in the
next 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 hir
ing as much sooner than the date mentioned as may be consistent with the
economic safety of the State.
Sec . 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 con
tractors under said board, nor shall the working of the convicts on public
roads, or public works, or by any levee board ever interfere with the preparation
for or the cultivation of any crop which it may be intended shall be cultivated
by the said convicts, nor interfere with the good management of the State
farm, nor put the State to any expense.
Sec. 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 pur
pose. * * *
CODE, 1930
S ection 5717. 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 servi
TEXT OF LAWS, 1938
61
tude, 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 ec. 5735. Shops established.—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 con
victs ; 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 ec . 5737. Female convicts.— T h e b oard o f trustees shall have on the Sun
flow er fa rm a su itable buildin g in w hich to h ouse the fem a le con victs, in w h ich
b u ildin g the said con victs shall live and shall m a n u fa ctu re fro m stripes and
oth er cloth the n ecessary cloth in g f o r the con victs, and sh all p erform such
other du ties as m a y b e required b y th e superintendent.
Sec . 5739. Place of employment.—It shall be unlawful for any State convict
to be leased or hired out or 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 224 of the constitution: Provided, however, They may be worked, but
not by contract, 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.
Any officer or employee who shall work or allow to be worked any convict
contrary to the above prohibition shall be guilty of a felony, and shall be pun
ished by imprisonment in the State penitentiary for a term of not less than 1
year nor more than 5 years.
Sec . 5740. Road work.—Those having charge of convicts on farms owned and
operated by the State are authorized and required to keep the roads through
such farms leading to the railroad depots from which supplies for such farms
are obtained, in good condition; and also to work on the roads, if any, leading
from such farms to such depots, though through land not owned by the State,
where such roads are used in hauling merchandise or agricultural products
to or from such depots.
Sec. 5741. Same.—It shall be lawful for the respective boards of supervisors
of Hinds, Holmes, Sunflower, and Quitman Counties, and of any other counties
where State convict farms may be located, at their discretion, to require an
nually all of the able-bodied male convicts over the age of 18 years and under the
age of 50 years on each of said farms to work for a period of 6 days on the
public roads in the counties in which the said farms are situated. * * *
S ec . 5757. State-use system.—The convicts shall be worked in the peniten
tiary and under the sole# control of the officers and employees thereof. The
word “ penitentiary ”, wfierever 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 self-supporting, 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 convicts, 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 foodstuffs 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.
Sec . 5758. 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. * * *
Sec . 5790. Crushing limestone.—The board of trustees of the penitentiary, in
cooperation with the State geologist, is hereby authorized to establish at a point
62
LAWS RELATING TO PRISON LABOR
or points within the State of Mississippi, convenient to railway lines, one or
more stations for the purpose of crushing limestone for agricultural purposes,
and is charged with the duty of operating said station or stations and supply
ing the crushed limestone to the farmers of the State at actual cost.
Sec. 5793. Equipment.—The board of trustees of the State penitentiary shall
equip such station or stations with suitable machinery for the handling, crush
ing, 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
designated for the operation of the station or stations, also any other buildings
and conveniences deemed necessary.
Sec. 5795. Produce given to farmers free.—The product of these stations, or
station, shall be given to the people of the State of Mississippi free of charge
to be used on the lands in the State of Mississippi.
The said crushed limerock shall be shipped to any person in the State of
Mississippi upon application being made to the superintendent of said plants
by any landowner or any agricultural agency in behalf of the landowners in any
county. The said application to show the amount required, the use to which
it is to be put and the applicant certifying that the same will be used on the
lands of the applicant or on the lands of landowners in said county: Provided,
however, That such limerock shall be shipped only in carload lots and all
shipping charges, if any, shall be paid by the consignee. * * *
It shall be unlawful for any person receiving any such limerock to sell any
such limerock for any purpose, and it shall be unlawful for any person receiving
any such limerock to give [it] away * * *.
Secs. 5799-5804. Cotton seed.— [Part of the State farm is set apart to be
planted in the most profitable variety of cotton that can be grown in the
State. Seed from this cotton is to be sold to the farmers at the regular market
price, plus 10 percent for stacking, etc. No farmer is allowed to purchase more
than 2 tons. The purchaser is not allowed to resell the cotton seed unless
purchased after May 1.]
Secs. 6062 and 6063. Sale of foodstuffs.— [Boards of trustees and purchasing
agents of State institutions are directed to purchase from the State peniten
tiary foodstuffs, “ 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.” ]
COUNTY AND CITY PRISONERS
CONSTITUTION
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.
Sec. 226. Limitation on contracts.—Convicts sentenced to the county jail shall
not be hired or leased to any person or corporation'outside of the county of
their conviction after the first day of January, A.D. 1893, nor for a term that
shall extend beyond that date.
CODE, 1930
Section 4057. Leasing convicts unlawful.—It shall be unlawful for any county
prisoner or prisoners to be leased or hired to any individual or corporation for
any purpose whatsoever. Nor shall they be worked under any contractor; but
in working them on county farms, or on the public roads or on any other
work, which work must be of an exclusively public character, they shall be
under exclusive official control and management.
Secs. 4060-4064. Disposition of prisoners.— [The board of supervisors may
establish county convict farms, and make the necessary improvements thereon
so that it may be suitable to be used as a farm upon which to work the county
convicts. County convicts may also be required to work on public roads and
the board of supervisors is authorized to make the necessary regulations for
the working, guarding, etc., of the convicts, while they are engaged on road
work. Convicts physically unable to do any kind of manual labor shall not be
required to work.]
Sec. 4069. Municipal convtots.— [City, town, or village authorities may deal
with their prisoners as herein provided for county prisoners.]
TEXT OF LAWS, 1933
63
MISSOURI
STATE PRISONERS
REVISED STATUTES, 1929
Section 8339. Employments.—Said [State prison] board shall, with the
approval of the Governor, have authority to lease or purchase such lands, suit
able for farming, rock quarries, or grazing purposes, or for any or all said pur
poses, 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 penitentiary, 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. 8340. 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 manufac
turing, 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 subdivisions
thereof, in the buildings and offices of the institutions owned, managed, or con
trolled 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 connection with, any State institutions or State properties, or in
the construction improvement or repairs of any State highways or county high
ways, including bridges and culverts; including lime to be used for agricul
tural 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. * * *
Seo. 8342. Sale of products.— [The price for all articles manufactured in the
prisons shall be fixed by the board. State institutions shall make requisitions
for materials needed and allow a reasonable time for the articles to be manu
factured in the prison before purchasing said articles on open market. Excess
products may be sold at the market price.]
Sec. 8343. Leasing prohibited.—Except as in section 8340, hereinabove pro
vided, the leasing or contracting of convict labor in any form or manner,
directly or indirectly, is hereby prohibited.
Seo. 8344. Training.—It shall be the policy of said hoard, so far as practi
cable, in the conduct of all penal or reformatory institutions and in the employ
ment 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.
Seo. 8397. Classification; employment.—Said board shall classify the con
victs 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
64
LAWS RELATING TO PRISON LABOR
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.
S ec . 8403. 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. 8406. 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
advisable; * * *.
S ec . 8419. Sale of products.— N either the w a rd en n o r th e superintendent o f
in du stries shall sell o r give to any o f the officers o r em ployees o f th e prison
a n y fu el, fora ge, provision s, o r m a n u fa ctu red a rticles u n der h is ch arge, n o r
perm it such th in gs to b e taken or used excep t f o r th e use and benefit o f the
State. * * *
S eic. 8431. Physically unable to work.— I t shall b e th e du ty o f th e ph ysicia n
in the case o f any con v ict claim ing to be unable to la b or b y reason o f sickness,
to exam in e such con vict, and if, in his opinion, such con v ict is unable to labor,
he shall im m ediately ce rtify th e sam e to th e boa rd, superintendent o f in du stries,
o r oth er officer in ch a rge o f such con vict, and such co n v ict shall thereupon be
reliev ed fro m la b or * * *
Sec. 8443. Hours of employment.—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.
S ec . 8451. Binder 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
penitentiary shall be fixed by the board and may be changed at any time com
mercial 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 may 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 consumers, for said consumers’ use within the county or terri
tory, 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 posses
sion 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. The board shall purchase such raw mate
rial, machinery, and equipment as may be required for the operation of the
binder twine plant, * * *.
S ec . 8457. Limestone.—The State prison board be and is hereby authorized
and directed to purchase not less than six portable limestone crushers and
pulverizers and suitable power units for operating the same out of any money
appropriated therefor.
S ec . 8459. Sale of limestone.—The State prison board shall determine and fix
the price of such crushed limestone in accordance therewith, and sell it to such
residents desiring the same at the actual cost of production.
S ec . 8507. Highways.—It shall be lawful for the board of prison inspectors
of the State penitentiary, or other persons exercising the authority now exer
cised by the board (hereinafter referred to as “ the board” ), 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 by 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: * * *.
TEXT OP LAWS, 1933
65
ACTS OF 1933
(P. 329)
1. Automobile license plates.— [The department of penal institutions
is empowered to erect and maintain all the necessary machinery and equipment
for the manufacture of license plates for use by the State of Missouri. Signs
and other supplies used by the State highway department may be made as
prescribed in the act. The sale price shall in no case be less than the cost of
manufacturing the articles sold.]
Section
COUNTY PRISONERS
REVISED STATUTES, 1929
Section 4463. 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 by 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 such fine and imprisonment, or by fine and
imprisonment until such fine be paid, to be put to work and perform labor on
the public roads and highways, turnpikes, 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 pro
cure a lot of ground by purchase 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 des
ignated, and if the punishment is by fine and the fine and costs be not paid,
then for every dollar of said judgment, including costs, the prisoner shall work
1 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, He be not
required to work over 20 days for the costs assessed against him.
Sec. 4464. 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 may turn
them over to any overseer of the roads, to be used by such overseer to the best
advantage of the public roads.
MUNICIPAL PRISONERS
REVISED STATUTES, 1929
Section 7208. 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
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 pur
poses as such city, town, or village may deem necessary. And the marshal,
constable, street commissioner, or other proper officer of such city, town, or vil
lage 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 village to work out the full number of days for which they may have
been sentenced at breaking rock or at working upon such public streets, high
ways, or alleys, or other public 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 1
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.
66
LAWS RELATING TO PRISON LABOB
MONTANA*
STATE PRISONERS
CONSTITUTION
A rticle
18
S ection 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 institutions.
REVISED CODE, 1921
S ection 1790. Use on road work.— [Convict labor may be used on highways
if the highway commission considers it more efficient to employ such labor.]
S ecs . 11572, 11573. Sale of goods.— [No 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.” ]
S ec . 12446. Manufactures.—The board may, in its discretion, cause the pris
oners, 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.
S eo. 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 enclosures of the State prison, either in
the improvement 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.
REVISED CODE, 1921, SUPPLEMENT, 1923-27
S ection 12447.1. Establishment of wearing-apparel factory.—The State board
of prison commissioners of the State of Montana is hereby authorized and em
powered and it shall be its duty, to construct, maintain, and operate at the
Montana State Prison, as soon as may be possible, a factory for the manu
facture of wearing apparel. In connection with the operation of such factory
the warden shall make requisition to the purchasing department of the State
for the purchase of all necessary materials used in the manufacture of wearing
apparel and products as contemplated by this act. All wearing apparel so
manufactured at said penitentiary and not required for use therein, shall
be sold to the State for use by the State in any of the public institutions owned
or managed and controlled by the State, at and for such price as shall be fixed
and determined by the State purchasing agent and warden of the State peni
tentiary: Provided, however, That none of said wearing apparel shall be sold
in the open market in competition with the products of free labor.
S ec . 12447.3. Labor employed.—For the purpose of operating said factory,
there shall be used and employed the prisoners confined in said State peniten
tiary, and the warden is hereby authorized to employ such skilled laborers
only as in his judgment and in the judgment of the board of prison commis
sioners, may be necessary for the feasible and profitable employment of the
said prisoners: Provided, however, That no skilled laborers shall be employed
if prison labor can be made use of.
S ec . 12447.5. Automobile number plates, etc.—The sum of $25,000 or so much
thereof as may be necessary, be, and the same is hereby appropriated out
of the moneys received from automobile license fees for the purpose of pur
chasing and installing machinery and purchasing materials for the manufac
*See also law on p. 140.
TEXT OF LAWS, 1933
67
turing of auto license number plates, auto name plates, chauffeurs* badges,
road markers, and street markers. The sums hereby appropriated shall be
deducted from the fund received by the register of motor vehicles for automobile
licenses before any distribution of such funds shall be made to the several
counties.
Sec. 12447.7. Places of manufacture.—* * * All auto license number
plates, auto name plates, road markers, street markers, and chauffeurs’ badges
used or distributed by the registrar of motor vehicles, on and after January 1,
1928, shall be manufactured by the State of Montana at Deer Lodge, Mont., and
such manufacturing plant shall be under the direction of the registrar of motor
vehicles and the State board of examiners.
ACTS OF 1929
C hapter
173
1. Tannery.—The board of State prison commissioners is hereby
authorized to establish at the Montana State Prison at Deer Lodge, Mont., as
part of the said prison, a tannery. Said tannery shall be operated in conjunc
tion with the other institutions of said prison by the employment of labor of
prisoners confined therein.
S ec . 2. Equipment.—The said board is authorized to purchase such machinery,
tools, materials, and equipment as in its judgment are necessary and proper
for the establishment and successful operation of said tannery, to be paid for
out of the State prison fund, and any specific appropriations that may be made
to said fund for this purpose; * * *
Sec. 3. Products.—In the operation of said tannery, there may be tanned
and treated therein all hides belonging to the State of Montana; and any hides
belonging to other persons and hides that may be purchased by the State.
The said board is hereby authorized to determine the prices that will be paid
from time to time for hides purchased by the State, and what charge shall be
made to other persons for the tanning and treatment of hides belonging to
them.
Sec. 4. Sale of products.—The said board is also authorized to sell any and all
hides owned by the State that may be tanned or treated in said prison tannery,
at such prices as it shall deem are fair market prices therefor, and all moneys
received from the operation of said tannery shall be credited to the State
prison fund.
ACTS OF 1931
S ection
C h apter
196
S ection 1. Making bricks in prison.—It is hereby made the duty of the board
of prison commissioners to use the labor of the male prisoners in the Montana
State Prison for the manufacture of common brick and cement sand brick at
Deer Lodge, Mont., said work to be in direct charge of the warden of the State
prison and under the control and supervision of the State board of prison
commissioners; * * * and such brick except face and trim brick as may be
required must be used in the construction or repair of all buildings constructed
or repaired by the State of Montana or under contracts let by it, at the Montana
State Prison at Deer Lodge, the State tuberculosis sanitorium at Galen and the
Montana State Hospital at Warm Springs, in all cases where the State board of
examiners find that such brick can be used at a lower cost than if brick or
other material purchased in the market was used.
Sec. 2. Construction or repair of buildings.—The board of prison commis
sioners may use the labor of the male prisoners in the Montana State prison for
construction or repair of buildings at the Montana State prison at Deer Lodge;
and the board of commissioners for the insane may use the labor of the male
inmates in the Montana State Hospital for the construction and repair of
buildings at the Montana State Hospital at Warm Springs, Mont.
COUNTY PRISONERS
REVISED CODE, 1921
S ection 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.
68
LAWS RELATING TO PRISON LABOR
NEBRASKA
STATE PRISONERS
COMPILED STATUTES, 1929
S ection 83-910. Employment—It shall be the duty of the board of control
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 practicable
to manufacture. To this end the warden shall provide machinery, prepare shop
room, and employ such persons as it may be necessary to instruct the prisoners
in such manufacture.
Seo. 83-912. Road construction.—Whenever the State of Nebraska shall be
engaged in the construction of any road or other public works the board, de
partment, or commission charged with the construction of such work may
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.
Seo. 83-913. 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 en
gaged 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. * * *
S ec . 83-915. Earnings.— [Convicts are to be credited with wages for the time
worked, at a rate to be regulated by the board.]
S ec . 83-920. Employment in prisons.—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.
Seo. 83-954. Binder twine plant.—The board of commissioners' of State insti
tutions 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 peni
tentiary, 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.
Sec. 83-1003. Construction of buildings, etc.—Insofar as possible the labor
of convicts now confined in the State penitentiary shall be utilized in the
making of necessary improvements and the construction of buildings required
for the reformatory. * * *
Seo. 83-1012. Inmates of reformatory.— The board of control shall have power
to engage in such trade and business including manufacturing and farming
enterprise, 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 reformatory shall be sold at not less than the fair market price therefor:
Provided, That the products of said reformatory shall so far as possible be
supplied for State, county, municipal, school, or other public use and the re
formatory shall collect or be credited with the fair market price therefor.
Sejc. 83-1406. Females.—The board of control of State institutions shall deter
mine the kind of employment for women committed thereto and shall provide
for the necessary custody and superintendence. The provisions for the safe
keeping 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 condition. The governing board may credit such women with reason
able compensation 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. ♦ * *
TEXT O LAWS, 19 3 8
B'
69
ACTS OF 1931
C h a pter 22
Section 1. Automobile license plates.—All number plates Issued to registrants
of motor vehicles, motor cycles, trucks, and trailers, and all road markers and
signs required by the department of public works of this State shall be manu
factured in the State penitentiary or in the State reformatory for male
prisoners, as the board of control may direct. It is hereby made the duty of
the board of control to decide in which of said institutions said plates and
markers and signs shall be manufactured, to purchase and install the machin
ery, equipment, and material necessary for the manufacture, and to engage
such competent employees as may be necessary to direct and supervise the
manufacture of said number plates, markers, and signs.
COUNTY AND MUNICIPAL PRISONERS
COMPILED STATUTES, 1929
Section 15-257. Workhouses.— [Cities of the first class are given the power
to establish and maintain workhouses and provide for their government and
support.]
Seo. 26-401. County workhouses.—There is hereby established in each county
in the State, a workhouse, the site of which shall consist of the county jail
and such other space within the State as may be acquired by lease or pur
chase. * * * As far as practicable workhouse buildings shall be con
structed by inmates.
Sec. 26-406. Hours.—Any person so committed 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. 26-407. 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 person 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. 26-408. Employment.— T h e cou nty b oa rd m ay p rov id e w ork fo r the
prisoners in the w orkh ou se and they m ay establish any fo rm o f enterprise,
o r industry f o r th e em ploym ent o f said prisoners. T h e cou n ty b oa rd and the
cou n ty su rveyor and h igh w a y com m issioner m ay use the la b orers fro m the
w orkhouse in p erform in g la b or f o r the cou n ty w h en ever it is practicable and
sa fe so to do, and it is h ereby m ade the du ty o f the sh eriff to furn ish under
sufficient guard, to the cou n ty b oa rd and the su rveyor and h igh w a y com m is
sioner, such men fro m the w ork h ou se as can be used in said w ork fo r the
county.
Sec. 26-409. Contracts for employment.—The sheriff may make contracts in
writing for the employment of all such convicted persons when not employed
in doing work for the county, and to make all needful regulation for the profit
able 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. No 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 employ
ment of prisoners by the day, week, or month shall be at the current wage for
such labor.
Seo. 26-410. Earnings.— [S u ch portion s o f a con v ict’ s earn ings as, in the
ju dgm en t o f the sheriff, should be so used, shall be tu rn ed over to h is dependents
w eekly.]
Seo. 26-412. Farms.—In every county having a workhouse as herein provided
the sheriff shall provide food, fuel, light, shelter, and such other necessaries of
life as may be needed for the health, comfort, and general welfare of prisoners
while in his care, and he may employ such help as may be needed for the pur
pose. He may also lease land for not to exceed 1 year for the purpose of
raising produce with the work of the prisoners. He shall give orders on the
county in payment therefor for the actual cost thereof.
70
LAWS RELATING TO PRISON LABOR
S eo. 29-2200. Sentence may be 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 convict be imprisoned in the cell of the jail of the county, or that he
be kept at hard labor in the jail; * * ♦
.
Sec. 29-2414. 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 designated by the county board for the employment
of such convicts.
Sec . 29-2415. Contracts for labor.—It shall be the duty of the county board
to make the contracts for the employment of convicts as specified in the pre
ceding 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 inci
dent to such labor, to pay the balance to the county treasurer within 10 days.
NEVADA
STATE PRISONERS
COMPILED LAWS, 1929
Section 5350. Highways.—The department of highways may employ or cause
to be employed the convicts confined in the State prison in the construction,
improvement, and maintenance of the State highways provided for in this act,
or in the quarrying, mining, preparation, or transportation of materials for
use thereon. Upon the requisition of the department of highways, the warden
of the State prison shall send to the place and at the time designated the
number of convicts requisitioned or such portion thereof as are, in the judg
ment of the warden, available.
The State highway engineer shall designate and supervise all road work done
by such convicts; and the department of highways shall provide for and main
tain the necessary camps and camp equipment for the accommodation of said
convicts and the guards for such camp. But the warden of the State prison
shall have full control at all times over the discipline of said convicts. * * *
The proper authorities of sa:d State prison and of the State are hereby em
powered and directed, where convicts are so employed upon State highways
* * * to pay such con victs 25 cents fo r each clay’s w ork fa ith fu lly perform ed .
S ec . 7075. Sale of products.—T h e prod u cts o f any State in stitu tion, or any
article, not required for its own use or consumption, may be sold by the offi
cial in charge of such institution at its reasonable market value, and the pro
ceeds of such sale shall be deposited in the fund or appropriation for the sup
port of such institution, and not in the general fund.
Sec. 11450. 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 of the
State prison grounds, buildings, prison labor, and prison property; shall pur
chase, or cause to be purchased, all needed commissary supplies, all raw mate
rial 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 the convicts, and
collect the money therefor, and shall regulate the number of officers and
employees, and fix the salaries thereof.
Seo. 11454. Warden.—The warden shall have the general superintendence
of prison discipline and prison labor; shall have the power to engage and remove
all employees; shall keep or cause to be kept, a book, wherein shall be recorded
the name, age, sex, occupation, place of birth, where sent from, the crime
charged, date of incarceration, and expiration of term for which the prisoners
therein confined were sentenced, and shall make out a correct monthly report
of the same, and file such report with the secretary of the board, and shall
securely and carefully file in his office all commitments of prisoners that may
be sent to the State prison, and keep, or cause to be kept, a correct account,
TEXT OF LAWS, 1933
71
and certify any mileage that may be due to any sheriff or deputy sheriff for
conveying prisoners to the State prison.
Seo. 11458. Employment.—The board of commissioners may, in their discre
tion, cause the prisoners, or any number of them, to be employed in any mechan
ical 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 pris
oner or prisoners, except in the manner provided 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 6 months shall be reported by the
warden as excellent, the board may on application in such form as it may pre
scribe, issue a written permit to such prisoner to employ his own time not within
the working hours of the day in the manufacturing 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.
Subsec. A. On the application of any prisoner who has committed no breach
of the prison rules for a period of 3 months preceding the date of said applica
tion, and whose application is endorsed 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.
Surseo . 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.
Seo. 11459. Other employments.—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 enclosures 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 em
ployment outside of the prison walls or enclosures shall be within a reasonable
distance from the prison.
Sec. 11474. Work time.—The State board of prison commissioners shall re
quire 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 prescribed by the rules and regulations of the prison. * * *
Seo. 11494. Road work.—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 the said board, may be properly so detailed, excepting
prisoners under sentence of death: Provided, That such detail shall be volun
tary on the part of the convict and shall not be caused by any form of
compulsion.
Sec. 11496. Earnings.— * * * Each convict so detailed shall be allowed
the sum of 10 cents for each day's labor. * * *.
Sec . 11499. 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.
72
LAWS RELATING TO PRISON LABOR
S eo. 11500. Regulation.— Such detail o f con victs f o r w ork on the prison fa rm
shall be regulated a ccord in g to the provision s o f la w p rovid ed f o r the em ploy
m ent o f con victs on th e p u b lic h ighw ays o f th e State.
ACTS OF 1931
C hapter
221
Section 1. Manufactures, license plates.— * * ♦ It shall be the duty of
the warden of the Nevada State Prison, under the supervision and direction of
the board of prison commissioners, to purchase, or cause to be purchased, such
machinery, supplies, and equipment as may be necessary to manufacture the
necessary automobile license plates and road signs to be used by and for the
State of Nevada, or other States, and to install the same in some suitable place
or building at the Nevada State Prison for the manufacture and production
of said plates and signs. Said plates and signs shall be manufactured in such
quantities and dimensions as may be necessary for the needs of the State of
Nevada, or other States, and said warden shall deliver said plates and signs
to the proper departments of the State of Nevada to be used in accordance with
the laws of this State.
COUNTY PRISONERS
COMPILED LAWS, 1929
Section 10303. Vagrants.—All male persons having the physical ability to
work, convicted of vagrancy and imprisoned on judgment therefor, may be re
quired to perform labor on the public works, buildings, grounds, or ways in
the county, * * *.
Sec. 10306. 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 appli
cation of any road supervisor, superintendent, foreman, or other overseer or
custodian 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. 11526. 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, and shall charge the earnings of said prisoners to himself for the
sustenance of said prisoners. Any surplus that may accrue from such labor
shall be paid into the county treasury.
Sec. 11536. Control; employtnent.—The sheriff of each and every county in
this State shall have charge and control over all prisoners committed to his care
and 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 the said sheriffs, chiefs of police, and town marshals, and each
of them, 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 6 hours a day during 6 days of the week, when the weather will permit,
when so required by either the board of county commissioners of their respec
tive counties, or by the mayor and board of aldermen 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, roads, sidewalks, public square, park, building, cutting away hills,
grading, putting in sewers, or other work whatever, * * *
MUNICIPAL PRISONERS
COMPILED LAWS, 1929
Section 1134. City prisoners to be employed.—The city council shall have
power to provide by ordinance that every person committed shall be required
to work for the city at such labor as his strength will permit, not exceeding 8
hours each working day; and for such work the person so employed shall be
TEXT OF LAWS, 1933
73
allowed $2 for each day’s work on account of such fine and costs. The council
may provide for the formation of a chain gang for persons convicted of offenses
in violation of the ordinances of the city, and for their proper employment for
the benefit of the city, and to safeguard and prevent their escape while being
so employed,
NEW HAMPSHIRE •
STATE PRISONERS
PUBLIC LAWS, 1920
C hapter
369
S e c t i o n 41. Road work.—The State highway commissioner 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.
C hapter 400
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 ec. 6. Employments; sale of goods.—The trustees, subject to the supervision
and direction of the governor and council, shall have power; * * ♦
V. To provide for the sale of articles manufactured in the prison or not
necessary for the use thereof.
VI. 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 eo. 8. Outside work.—It shall be the duty of the warden:
I. To receive, safely keep and employ in the prison all convicts pursuant to
their sentence and until discharged according to law. He may employ convicts
outside of the prison walls, upon terms to be prescribed by the board of
trustees. * * *
Seo. 27. Earnings.—The trustees may provide for the payment, to prisoners
confined in the State prison, of such pecuniary earnings, and render to their
families such pecuniary assistance, as the trustees may deem proper, under
such rules as they may prescribe.
COUNTY PRISONERS
PUBLIC LAWS, 1926
C h a pter
869
S e c t i o n 47. Employments.—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
construction, improvement or maintenance of highways, or preparation of road
materials, or with the State forester for the employment of such prisoners.
C hapter
397
Seo. 6. Employment in county jails.—Employment shall, if possible, be pro
vided for the prisoners in the jails, and the county maintaining a jail shall
pay to the treasurer of any other county from which the prisoners are com
mitted such sum for their labor as may be agreed upon, or as the superior
court shall adjudge to be equitable, after deducting therefrom the amounts
due to the prisoners or to be applied to their benefit in the payment of fines
and costs.
'See also law on p. 141.
74
LAWS RELATING TO PRISON LABOR
Sec. 22 (as amended 1927, ch. 112). Convicts may be employed.—The county
commissioners of any county may employ and set to labor any prisoner con
fined in the county jail, where said jail is maintained in connection with the
house of correction and county farm, said labor to be performed in and about
the county farm buildings as in the case of house of correction prisoners, and
where said jail is not maintained in connection with a house of correction
and county farm, then and in that case the county commissioners may employ
and set to labor any 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.
NEW JERSEY
STATE PRISONERS
COMPILED STATUTES, 1910, CUMULATIVE SUPPLEMENT, 1911-24
Section 34-292. Employment required.—The inmates of all correctional and
charitable, hospital, relief, and training institutions within the jurisdiction of
the State board shall be employed in such productive occupations as are con
sistent with the health, strength, and mental capacity of the persons so
employed, who shall receive such compensation therefor as the State board shall
determine.
Seo. 3^-293. Contracts.— No 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
accordance with the provisions of this act.
Seo. 34r-294. Products for State use.—The State board shall cause to be pre
pared a catalog containing a description and a price list of all the articles
manufactured or produced by the institutions within its jurisdiction. Copies of
this catalog shall be sent to all institutions supported in whole or in part by
the State, to all State departments and branches and agencies of the State gov
ernment, to the governing bodies of each county in the State, and to each of the
institutions maintained by each county, and the receipt of said catalog by each
of them shall be sufficient notice to each of them that the articles described in
said catalog are, or are about to be, manufactured or produced by the labor of
the inmates of the institutions within the jurisdiction of the State board.
Seios. 34-295, 34-296. State institutions to purchase.— [The institutions main
tained by the State are required to purchase from the board all articles manu
factured or produced in the State prisons, which are needed in connection with
the work of the institution. Estimates are submitted for ensuing year. No
technical evasion by a purchasing agent is allowed.]
Sec. 34-297. Sale of surplus products.—Any surplus product may be sold in
the open market under such terms and conditions that it shall not compete
unfairly with the product of free labor. Any nonperishable articles so mar
keted shall be stamped in a legible and conspicuous manner “ manufactured in
the New Jersey------naming the institution of manufacture: Provided, That
whenever from the nature of the articles made or manufactured it shall be
impracticable to stamp each article, or if such articles are usually put up in
packages, it shall be sufficient for the purpose of this act to put a stamp, label,
or tag upon such package, showing where such articles are made: Provided,
That said stamp, label, or tag shall be put on said package in a good, lasting,
and permanent manner.
Seo. 34-298. Powers of board.—The State board shall have power to :
a. Assign to each institution the industries, occupations, vocations, and labor
to be operated or performed by the inmates thereof;
b. 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;
c. Procure and install in each institution the machinery and equipment and
furnish the tools, supplies, raw material, seeds, fertilizers, and each and every
article necessary for the operation of the assigned industries and the perform
ance of the assigned occupations and vocations with relation to the determined
standards of quality and quantity;
d. Establish standards of machinery equipment, tools, supplies, raw mate
rials, adopt in conjunction with the State purchasing commission, styles, pat
75
TEXT OP LAWS, 1933
terns, designs, and qualities of finished products, determine the cost of produc
tion, 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;
A Prepare and issue a catalog 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,
may be determined by the State board: Provided, That 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 emer
gency arising from scarcity of labor on farms. Such labor shall be per
formed under the direct supervision of an officer or officers authorized by the
commissioner;
*
*
*
*
*
*
*
I. Perform as an independent contractor, with the labor of the inmates of the
institutions 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.
Seo. 34-299. Limitations on employment.—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 improve
ments in conjunction with free labor;
o. Convict labor shall not be used to take the place of free labor locked out
or on strike.
COMPILED STATUTES, 1910, SUPPLEMENT 1925-30
S ection 179-726A (112). Road work.—All work of construction or building
of unimproved roads and of extensive repairs to improved roads taken over as
State highways shall be by contract or by labor of inmates of State
institutions; * * *.
Seo. 182-120. Labeling convict-made goods.—All goods, wares, and merchan
dise made by convict labor in any jail, penitentiary, prison, reformatory, or
other establishment in this State, and all goods, wares, and merchandise made
by convict labor in any other State, and introduced, imported, or brought into
this State, shall be branded, labeled, or marked as hereinafter provided before
being exposed for sale, and shall not be so exposed without such brand, label,
or mark.
S ecs . 182-121—182-124. Label.—[The label shall contain the words “ convict
made,” followed by the year and name of the prison in which the goods were
made. The brand or label shall be placed outside of and upon the most
conspicuous part of the finished article. Any violation is punishable by a fine
of not more than $50 for the first offense.]
ACTS OF 1931
C hapter
235
Prison-made goods.— [This act provides that after Jan. 1, 1932, goods
manufactured in prisons outside the State of New Jersey shall not be sold
in the State. Penalties are provided for any violation.]
COUNTY PRISONERS
COMPILED STATUTES, 1910, CUMULATIVE SUPPLEMENT 1911-24
Section 102-32b. Employment, jails.—The board of chosen freeholders of any
county in this State may cause to be employed within such county any or all
4705°— 33------ 6
76
LAWS RELATING TO PRISON LABOR
prisoners in any county jail under sentence, or committed for nonpayment
of a fine and costs, or committed in default of bond for nonsupport of the
family.
S eo. 102-32d. Earnings.—The wages and salaries of such guards and
attendants, and other necessary expenses in connection therewith, together with
wages or earnings paid to prisoners as hereinafter provided, shall be included
in and shall be charged against the cost of such work.
S eo. 102-32e. Wage system.—The board of chosen freeholders may establish
a wage system for payment to prisoners for their services upon work carried
on by the board of chosen freeholders or by any board, commission or
institution that receives funds from the county, and such wage system may
include in its provisions all prisoners employed in any work or service neces
sary for the maintenance of said jail or their inmates: Provided, That the
wages set by the board of chosen freeholders shall not exceed 50 cents per
day for each day of 8 hours’ work by such prisoners.
Sec . 102-45. Employment, workhouses.—The board of chosen freeholders of
any county in this State may cause to be employed within such county any
or all prisoners in any county workhouse or penitentiary under sentence,
or committed for nonpayment 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 improvement when free labor sufficient to carry on the work
makes application for employment thereon.
S eo. 102-47. Earnings.— [S a m e provision as in section 102-32d.]
S ec . 102-48. Wage system.— [S am e p rovision as in section 102-32e, excep t
th at in paym ent o f w ages to prisoners, preferen ce m ust be given to th ose
h a v in g persons lega lly dependent upon them f o r support.]
Sec. 179-687. Road work.—The board of chosen freeholders of any county in
this State may, in its discretion, cause prisoners * * * to be put to work
and perform labor on the public roads and highways within such county, and
also upon the grounds of any county institution within such county, and the
board of chosen freeholders of such county is hereby authorized and empow
ered to pay to the warden of such penal institution such sum not exceeding
50 cents per day for each day of 8 hours worked by such prisoners, as shall
be fixed from time to time by said board of chosen freeholders or the com
mittee thereof having charge of such penal institution; such amount so paid
to the warden to be held by him for the benefit of such prisoners as here
inafter provided. Where any such prisoner has a dependent wife or minor
child or children, or any aged or infirm dependent parent or parents, such
warden shall have power and authority upon the written order of the com
mitting magistrate in each case, to pay to such dependent persons aforesaid
or to the society or institution having the care and custody of such dependent
persons aforesaid, all or any portion of the amount so paid to him, for the
work of such prisoner under the provisions of this act; * * *.
NEW MEXICO
STATE PRISONERS
CONSTITUTION
A rticle X X
S ection 15. Employment.—The penitentiary is a reformatory and an indus
trial 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.
Sec . 18. Leasing prohibited.—The leasing of convict labor by the State is
hereby prohibited.
STATUTES, 1929
S ection 64r-318. Road wot'k.—The State highway engineer, with the approval
of the State highway commission, may perform or cause to be performed any
highway work or part thereof under the provisions of this act, and prepare
TEXT OF LAWS, 1933
77
materials to be used in such highway work, by means of the labor of State or
county convicts, when such convicts shall be by law available and satisfactory
arrangements can be made by which they may be used. * * *
Sec . 64-335. Same.—Convict labor shall be used in work provided in this
article whenever available and advisable and the board of penitentiary com
missioners 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. * * *
S ec . 64-1602. Construction, repair, etc.—T h e con stru ction , rep air, and m ain
tenance o f said pu b lic h igh w a y shall be done under the a u th ority and con trol
o f the b o a rd o f pen iten tiary com m issioners and superintendent o f the State
pen iten tiary and said b oa rd is h ereby authorized and req u ired to con stru ct said
road, by the use o f the la b or o f the pen iten tiary con victs, * * *.
Sec . 130-124. Improvements in State prison.—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 im
provements shall be made: * * * and he shall employ such number of
convicts in making such improvements as said board may deem advisable and
shall employ the remainder of the convicts as may be most advantageous to
the State or the penitentiary.
Sec . 130-133. Sale of products.—All 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.
Sec . 130-134. Electricity.—The penitentiary is hereby required to furnish
electric lights at cost to the capital 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.
Sec . 130-146. Labor required.—All male persons convicted of crime and con
fined in the penitentiary under the laws of the State, except such as are pre
cluded 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.
Seo. 130-152. Streets and alleys.—W h enever th e con victs in th e pen iten tiary
or any o f them, shall n ot be em ployed in any w ork at the pen iten tiary, or b e
oth erw ise occu pied in or about any w ork or la b or in con n ection w ith the peni
tentiary, or in w ork or labor in or about the ca p itol b u ildin g o r ca p itol grounds,
it. shall be prop er and requ isite to em ploy them in the grading, paving, and
repairing o f the streets, alleys, roads, and b ridges in and about the city o f
Santa Fe.
Secs . 130-176, 130-177. Prison-made goods.— [All prison-made articles made
in a prison in the State of New Mex co and exposed for sale within the State,
shall bear a brand or label containing the words “ prison made” . The label
shall be placed on the most conspicuous part of the article. All brick and
clay products are to be marked with a capital letter “ P ”. Penalty for vio
lation is provided.]
ACTS OF 1933
C h apter 5
Section 1. Automobile license plates; signs.—From and after the first day of
November 1933 all automobile license plates purchased by the State comptroller,
the motor-vehicle department, or other department or official, whose duty is to
purchase such plates, and all State highway signs purchased by the State high
way department, shall be purchased from the State penitentiary of the State
of New Mexico: Provided, however, That all of such plates and signs shall be
furnished to such departments by the State penitentiary at a cost not to exceed
the average market price of such supplies.
S ec . 2. Manufactured at penitentiary.—From and after the said first day of
November 1933 all automobile license plates and all State highway Signs used
in this State shall be manufactured and sold at the State penitentiary, under
the direction, supervision, and control of the superintendent of said institution.
78
LAWS RELATING TO PRISON LABOR
C h apter 24
S ection 1. Sale restricted to State only.—It is hereby provided that the sale
of the product of the machinery and equipment purchased by the State peni
tentiary for the manufacture of automobile license plates and road signs, shall
be restricted to departments of the State.
COUNTY PRISONERS
STATUTES, 1929
S ection 75-121. Work on streets, etc.—It shall be the duty of the officers in
charge of the jails in all the counties of the State of New Mexico to compel
the prisoners who are or may 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 remu
neration whatsoever, during the hours between 9 a.m. and 4 p.m. except on
Sundays and legal holidays.
MUNICIPAL PRISONERS
STATUTES, 1929
S ection 90-913. Work on public streets.—Every person convicted of the viola
tion of any ordinance of any incorporated city or town of this State and sen
tenced to imprisonment therefor, may, during the term of such sentence be
compelled to work upon the public streets of such city or town or to do any
other kind of public work within such city or town, that may be required by
the mayor thereof.
NEW YORK
STATE AND COUNTY PRISONERS
CONSTITUTION
A
r t ic l e
III
S ection 29. Contract system prohibited.—The legislature shall, by law, pro
vide 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 dis
posed 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.
CAHILL’S CONSOLIDATED LAWS, 1930
C h a pter
10
Section 50. Forestry.—The conservation department shall, for the purpose of
carrying out the provisions of this article, have the following powers, duties,
and authority to be exercised through or by the division of lands and
forests:
*
*
*
*
*
*
*
(9) Employ, with the approval of the commissioner of correction, convicts
committed to any penal institution, or the inmates of other State institutions,
with the approval of the head of the department having jurisdiction and control
thereof, for the purpose of producing or planting trees. Such portion of the
proceeds of the sale of trees grown at State institutions, as the conservation
commissioner determines is equitable, may be paid over to that institution.
TEXT OF LAWS, 1933
C h a pter
79
10-b
Section 73. Farm, etc., lands.—The commissioner of correction may lease for
not to exceed 5 years, real property within the State for the employment at
farm labor, stone quarrying and stone crushing, of prisoners confined in the
State prisons and may erect temporary structures or repair and alter necessary
buildings on the lands so leased and provide necessary equipment for the pur
poses of this section. * * * Farm or other industries established and con
ducted under the provisions of this section shall be subject to the provisions
of law applicable to other prison industries and farm labor in State correc
tional institutions.
Sec . 170. Contracts prohibited.—The commissioner of correction 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 tbat
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.
Seo. 171. Hours of labor.—The commissioner of correction and the superin
tendents and officials of all penitentiaries in the State shall, so far as prac
ticable, cause all the prisoners in the State correctional institutions and such
penitentiaries who are physically capable thereof, to be employed at hard labor,
for not to exceed 8 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 instruc
tion, or partly for one, and partly for the other of such purposes.
S ec. 175. State-me system.—All convicts sentenced to State prisons, reforma
tories, 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 by the State, or the political divisions thereof,
which shall be under rules and regulations for the distribution and diversifica
tion thereof, to be established by the department of correction. * * *
S ec. 176. Printing and engraving.—No 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 by the State or any such political division, except such printing as
may be required for or used in the State correctional and State charitable insti
tutions, and the reports of the State commission of correction and the depart
ment of correction, and all printing required in the offices of the department of
correction.
S ec . 177. Labor of prisoners.— [After the necessary labor has been used for
the manufacture of all needed supplies for the institutions, the labor of pris
oners confined in State institutions shall be primarily devoted to the State,
and public buildings and institutions thereof. The labor may also be used by
the political divisions of the State, preference being given to the counties, and
the cities and towns located therein, in the use of the labor of prisoners con
fined in institutions located in the county. The State superintendent of prisons
is authorized to contract with the managing authorities of any penal institution
within the State, other than the State prisons and State reformatories, for the
disposition 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. Prices are to be the current prices for like articles as fixed by the
prison industries board or approved by it. All products must be disposed of to
the institutions specified in the section and none may be purchased for resale
or for disposition at a profit other than as provided in the act.]
S ec. 178. Reformatories and penitentiaries.—The board of visitors of reforma
tories, subject to general rules adopted by the commissioner of correction and
the managing authorities of all the penitentiaries or other correctional institu
tions 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 this article to be conducted in State prisons.
80
LAWS RELATING TO PRISON LABOR
Sec. 179. Road work.—The commissioner of correction may employ or cause
to be employed the prisoners confined in the State prisons in the repair, main
tenance, 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 superintendent of public works, 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 improvement, in
the case of any other highway. * * *
Seo. 180. Same.— [This section makes provision for the employment of the
inmates of State reformatories similar to the provisions applying to the in
mates of State prisons.]
Sec. 183. Distribution of industries.—It shall be the duty of the commissioner
of correction to distribute, among the correctional institutions under his juris
diction, the labor and industries assigned 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 prisoners, 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 ec. 184. Articles for State use.—The commissioner of correction and the
superintendents of penitentiaries, respectively, are authorized and directed
to cause to be manufactured or prepared by the prisoners in the State correc
tional institutions and penitentiaries, such articles as are needed and used
therein, and also, such as are required by the State or political divisions there
of, 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, and including material for the construction, improve
ment or repair of highways, streets, and roads. * * * [Provisions are
made for fixing patterns, prices, etc.] No article so manufactured or prepared
shall be purchased from any other source, for the State or public institutions
of the State, or the political divisions thereof, except uniforms for the inmates
of the State camp for veterans or of the New York State Woman’s Relief Corps
Home, unless the commissioner of correction shall certify that the same can
not be furnished upon such requisition, and no claim therefor shall be audited
or paid without such certificate.
Sec. 186. Fixing prices.— [Prices are to be fixed for labor performed or
articles manufactured for or furnished to the State, its political 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.]
Seo. 187. Eai~nings.— [Prisoners confined in the penal institutions of the
State and in the county jails may, in the discretion of the managing authori
ties, receive as compensation for their labor not in excess of 10 percent of the
earnings of the institution. Any allowance in excess of 1y2 cents per day shall
be based on excess production above the amount fixed as required 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 prisoners.]
Sec. 481. Labor required.— It shall be the duty o f the w arden o f each o f the
pen iten tiaries in th is S tate to requ ire o f every able-bodied prison er confined
th erein as m an y h ours o f fa ith fu l la b or in each and every da y d u rin g his
term , as shall be prescrib ed b y the rules o f such pen iten tiary, * * *.
C h a p t er 21
Sections 67, 68. Goods to be marked.— [All goods, wares, and merchandise
made by convict labor in any prison or elsewhere where convict labor is em
ployed must be branded, labeled, or marked with the words “ made in a prison.”
This does not apply to articles produced for the use of institutions of the
State or its subdivisions, but no convict-made goods may be sold or exposed
for sale without such mark. Penalties of fine, imprisonment, or both, are fixed
for selling such goods without a license, for offering convict-made goods for
sale without the mark, or for removing the mark.]
81
TEXT OF LAWS, 1933
Seo. 69 (as amended 1933, ch. 2 6 ). Sale prohibited.T
—No goods, wares, or
merchandise, manufactured, produced, or mined wholly or in part by convicts
or prisoners except convicts or prisoners on parole or probation, shall be sold
in this State to any person, firm, association, or corporation except that nothing
in this section shall be construed to forbid the sale of such goods produced in
the prison institutions of this State to the State, or any political division thereof,
or to any public institution owned or managed and controlled by the State, or
any political division thereof as provided in section 184 of the correction law.
COUNTY PRISONERS
CAHILL’S CONSOLIDATED LAWS, 1930
Chapter 11
Section 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 em
ployed; 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 outside 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 the State, counties, towns, villages, or cities; 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. This section as amended shall not affect a county wholly
included within a city.
Sec . 100. Workhouse.—The board of supervisors of any county may estab
lish and maintain a workhouse for the confinement of persons convicted within
the county of crimes and criminal offenses, the punishment for which is im
prisonment in the county jail, and may provide for the imprisonment and em
ployment 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 PRISONERS
ACTS OF 1901
C hapter 466
(Greater New York City Charter)
Section 700. Employment.—Every inmate of an institution under the charge
of the commissioner [of corrections, of the city of New York] whose age and
health will permit, shall be employed in quarrying or cutting stone, or in
cultivating land under the control of the commissioner, or in manufacturing
such articles as may 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
New York, or in preparing and building sea walls upon islands or other places
belonging to the city of New York upon which public institutions now are or
may hereafter be erected, or in public works carried on by any department of
7 Section 69, passed in 1980, repeals sections 07 and 68.
19, 1934.
It becomes effective January
82
LAWS RELATING TO PRISON LABOR
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 manu
factured 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. All 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.
Seo. 701. Public buildings and grounds.—At the request of any of the heads
of the administrative departments of the city of New York (who are hereby
empowered to make such request) the commissioner of correction may detail
and designate any inmate or inmates of any of the institutions in the depart
ment of correction to perform work, labor, and services in and upon the
grounds and buildings or in and upon any public work or improvement under
the charge of such other department. * * *
Sec. 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 com
missioner. * * *
NORTH CAROLINA
STATE AND COUNTY PRISONERS
CONSTITUTION
A rticle
XI
Section 1. Legal punishment.—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 employ
ment 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; but no convict shall be farmed out who has been sentenced
on a charge of murder, manslaughter, rape, attempt to commit rape, or arson:
Provided, That no convict whose labor may be farmed out shall be punished for
any failure of duty as a laborer, except by a responsible officer of the State;
but the convicts so farmed out shall be at all times under the supervision and
control, as to their government and discipline, of the penitentiary board or
some officer of this State.
CONSOLIDATED STATUTES, 1919
Section 3591. Road work.—All 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 may 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.
Sec. 4409. Females.—If any officer, either judicial, executive, or ministerial,
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 PRISONERS
CONSOLIDATED STATUTES, 1919
Section 3812. Employment by counties.—Any county or township or goodroads district that desires to use convict labor in the construction or improve
ment 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.
Sec. 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 of the State geological and economic survey. All applications from
TEXT OF LAWS, 1988
83
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 i t
Sec. 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.]
Sec. 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.
Sec. 7707 (as amended 1925, ch. 163). Employment.—The board of directors
[of the State’s prison] shall make provision for receiving, keeping in custody
until discharging by law, all such convicts as may be now confined in said
prison and such as may be hereafter sentenced to imprisonment therein by the
several courts of this State. The board of directors shall have full power and
authority to provide for the employment of such convicts, either in the prison
or on farms leased or owned by the State of North Carolina, or elsewhere, or
otherwise; and may contract for the hire or employment of any able-bodied
convicts upon such terms as may be just and fair, but such convicts so hired,
or employed, shall remain under the actual management, control, and care of
the board of directors, or its employees, agents, and servants: Provided, how
ever, That no female convict shall be worked on public roads or streets in any
manner.
Sec. 7712 (as amended 1925, ch. 163.) Road work.—The board of directors
of the State prison department 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, * * *.
Sec. 7726 (as amended 1925, ch. 163). Work time.—The board of directors
of the State prison department 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.
S ec . 7758 (as amended 1925, ch. 163). 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 direc
tors of the State prison department for the employment of convicts in the State
prison department upon the highways or streets of such county, city or town,
and such contracts when so exercised shall be valid and enforceable against
such county, city, or town, and in the name of the State the attorney general
may prosecute an action in the Superior Court of Wake County for the enforce
ment thereof.
Sec. 7759 (as amended 1925, ch. 163). Same.—Upon application to them it
shall be the duty of the board of directors of the State prison department, in
their discretion, to hire to the board of commissioners of any county, and to
the corporate authorities of any city, or town, for purposes specified in the
preceding section, such convicts as may be mentally and physically capable of
performing the work or labor contemplated and shall not at the time of such
application be so hired, or otherwise engaged in labor under the direction of
said board of directors, * * *
S ec. 7762 (as amended 1925, ch. 163). Regulation of contracts.—* * * The
board of directors of the State prison department may make such contract for
the hire of the convicts confined in the State prison as may, in its discretion,
be proper and will promote the purpose and duty to make the State prison
department as nearly self-supporting as is consistent with the purpose of its
creation, as set forth in section 11, article 11 of the constitution; and the said
board of directors may engage in and use the labor of convicts confined in the
State prison department in such work on farms, in manufacturing, either within
or without the State prison, as the board of directors may hereafter determine
to be proper and profitable to be carried on by the State prison department; and
the said board of directors may dispose of the products of the labor of said
convicts either in farming, or manufacturing, or in other industry at the State
prison, or to, or for, any public institution owned, managed, or controlled by the
State, to or for any county, city, or town within this State; and may sell or
dispose of the same elsewhere and in the open markets or otherwise, as in its
discretion may seem profitable.
Sec. 7763 (as amended 1925, ch. 163). Prison to be self-supporting.—It is
the purpose of this chapter to make the State prison department self-supporting
84
LAWS RELATING TO PRISON LABOB
as contemplated by the constitution, and to that end the directors thereof are
hereby authorized and empowered to employ the convicts therein in such form
of work and to transfer such convicts from one form of work and employment
to another when in the opinion of such board of directors such form of employ
ment shall best serve the purpose.
It is further declared to be the State’s policy in the conduct of the State
prison department that convict labor shall be devoted primarily to State
use, and to that end the board of directors of the State prison department
shall as a primary purpose employ labor of such convicts in farming and in
the production of such material as may be necessarily used by said State
prison department and other institutions and departments, having due regard
at all times to the promotion of the purpose set out in article 11, section 11,
of the constitution.
ACTS OF 1927
C h a pter
219
Industrial farm.—[Act establishes an industrial farm colony for women.]
ACTS OF 1929
C hapter
221
Section 1. Automobile license tags.—The State prison department is hereby
authorized to purchase and install automobile license tag plant equipment
for the purpose of manufacturing license tags and for such other purposes
as the State prison department may direct.
S ecs . 2-6. Equipment, etc.— [A n a pp ropriation o f $30,000 is m a d e fo r th e
p u rp ose o f securing th e necessary equipm ent. T h e com m issioner o f revenue is
d ire cte d to pu rch ase th e tags m an ufactu red in th e p rison f o r th e use o f the
S ta te.]
C h a pter 292
Inspection.— [Act authorizes monthly inspection of mines in which State
convicts are employed.]
ACTS OF 1933
C h apter
172
State highway and public works commission.— [Act consolidates the State
prison department and the State highway department into a single department
to be known as State highway and public works commission. All the duties
of the prison department are transferred to the new commission and authority
is granted to establish additional prison camps so that all the prisoners may be
employed. Certain sections of ch. 130 (State prison) are repealed, but none
as shown herein.]
COUNTY PRISONERS
CONSOLIDATED STATUTES, 1919
Section 1297. Employment.—The boards of commissioners of the several
counties have power:
*
*
*
*
*
*
*
17.8 To 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 may be made experimental farms. The court in its discretion may sen
tence convicted prisoners either to said farm or to the roads. Where a farm is
purchased or leased in those counties having a road system, the board may
work the convicts on such farms.
*
*
*
*
*
*
*
8 Acts of 1931, ch. 302, enlarges Consol. Stats., sec. 1297, subsecs. 17 and 31, by
allowing certain prisoners to be employed on the public streets of cities and towns; see
p. 85.
TEXT OF LAWS, 1933
85
30. To make provision for the erection in each county of a house of correc
tion, where vagrants and persons guilty of misdemeanors shall be restrained
and usefully employed; to regulate the employment of labor therein; to ap
point a superintendent thereof, and such assistants as are deemed necessary,
and to fix their compensation.
31.* To 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.
*
*
*
*
*
*
*
Seo. 1356. Work on streets, eta, hiring out—The board of commissioners of
the several counties, within their respective jurisdictions, or such other county
authorities therein as may be established, and the mayor and intendant of
the several cities and towns of the State, have power to provide under such
rules and regulations as they may deem best for the employment on the public
streets, public highways, public works, or other labor for individuals or cor
porations, 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. 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. It is unlawful
to farm out any such convicted person who may be imprisoned for the non
payment 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.
Sec. 1359. Road work.—When 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 is lawful for
and the duty of the judge holding court in such counties to sentence to imprison
ment at hard labor on the public roads for such terms as are now prescribed by
law for their imprisonment in the county jail or in the State’s prison, the
following classes of convicts: First, all persons convicted of offenses the pun
ishment 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 imprisoned by any court in said
counties for nonpayment of costs in criminal causes may be retained in im
prisonment and worked on the public roads until they repay the county to the
extent of the half fees charged up against the county for each person taking
the insolvent oath. * * *
Sec. 3678. Same.—Any person in any county that has a county road commis
sion 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
sentenced 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 prison
ers while in the custody and under the control of the said county road commis
sion shall be employed on such road work as may be deemed best by the county
road commission, * * *.
ACTS OF 1931
C hapter
302
Section 1. Employment on road work.—All prisoners sentenced to jail for
any term less than 60 days may, as a part of such sentence, by the court in
which such prisoners are tried and convicted, be sentenced to work at hard
labor on the public streets of any city or town, the county farm, or anv other
public works of the county wherein such prisoners are tried and convicted.
9 See footnote on p. 84.
86
LAWS RELATING TO PRISON LABOR
NORTH DAKOTA
STATE PRISONERS
COMPILED LAWS, 1913
Section 1884. Road work.—It shall be the duty of the warden of the State
penitentiary, upon the requisition of the board of trustees of public property,
to furnish convict labor, not otherwise employed, to be used in the construc
tion and maintenance of all roads and highways provided for in this chapter.
Sec. 10967. 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
designated by the jury or court or not.
Sec. 11235. Twine plant.—The board of trustees of the State penitentiary is
hereby authorized and empowered to establish a hard-fiber twine and cordage
plant at the said penitentiary and to operate the same for the benefit of the
State in the manner hereinafter prescribed.
Sec. 11240. Sale of twine.—The product of said twine and cordage plant shall
be disposed of under the direction of the board of trustees of said penitentiary,
under regulations to be prescribed by them, subject only to the following re
strictions, viz.: The board of trustees at a regular or special meeting held not
later than February in each year, shall fix prices at which the product of the
plant shall be sold during the ensuing season, such prices to be based on the
cost of the product and the demand for it; prices for carload lots may, in
their discretion, be fixed at not more than one-half cent per pound under
prices for smaller lots. The products shall be sold only to those living in the
State and intending or agreeing to use it, or sell it for use in the State, except
that it shall be lawful at any time after May 1 of any year to sell a part of such
product outside of the State if for any reason at that time in the judgment of
the said board it becomes necessary to do so to protect the interests of the
State: * * * Provided, That rope may be sold outside the State at any
time.
Sec. 11261.1 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 institution, or in carrying on the
work of the industries established at the penitentiary, or at other State insti
tutions or on the public highways of the State. The State board of control
shall establish rules and regulations relating to care, treatment, and manage
ment of all prisoners wherever they may be employed. Prisoners shall be em
ployed, insofar 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.
Seo. 11262.1 Other institutions; highways.—The State board of control may
0
employ such prisoners it may deem advisable, who are not needed in carrying on
the work at the penitentiary, or the industries established at the penitentiary,
upon work at other State institutions, or upon the construction and improve
ment of public highways, under the following conditions as hereinafter set
forth. Prisoners may be employed,. under proper supervisors and guards, to
improve the grounds and perform other labor at the various institutions, con
trolled and maintained by the State, and when so employed, such institution
shall pay all salaries and necessary expenses of 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 commissioners of
such county and upon the same conditions as the employment of prisoners at
State institutions. Prisoners shall be at all times under the supervision of
the warden and the State board of control, and under the direct charge of
proper officers and guards appointed by them. Prisoners so employed shall be
placed upon their honor not to attempt to escape. They shall be clothed in
plain, inconspicuous garb, and shall not be compelled to work more than 10
hours in any one day.
Sec. 11264.1 Earnings.—Prisoners engaged in carrying on the work of the
0
penitentiary and industries established thereat, or at other State institutions,
or upon public highways, shall receive not less than 10 cents nor more than 25
“ Comp. L. Supp. 1918-25.
TEXT OF LAWS, i9 3 3
87
cents per day for work actually performed, the maximum compensation to be
determined by the State board of control. The warden shall assign a reasonable
daily task to be performed by each prisoner, and the compensation of the
prisoner shall be determined by the amount of work he performs on such
task. * * *
Sec. 11270.1 Brick.—The State board of control is hereby authorized and
0
empowered to employ the labor of the prisoners of the State penitentiary or so
much thereof as not otherwise employed, in the manufacture 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.
Seo. 11272. Roadwork, etc.—Such trustees are authorized and empowered to
employ so much of said labor as they may deem necessary in macadamizing or
otherwise improving the roads and streets used as approaches to the peniten
tiary, State capitol or other public institutions within the State, * * *
Sec. 11274. Contracts prohibited.—No person in any prison, penitentiary or
other place of confinement of offenders in this State, shall be required or al
lowed to work while under sentence thereto, at any trade, industry or occupa
tion 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 division thereof for their own use: Provided, That nothing in this
section shall prohibit the use of convict labor by the State in carrying on any
farming operations or in the manufacture of brick, twine, or cordage, or pro
hibits the State from disposing of the proceeds of such enterprises.
ACTS OF 1933
C hapter
51
Sections 1-4. Tannery.— [A tannery is established at the penitentiary for the
purpose of tanning hides for leather and robes. All hides for farmers to be
tanned for the actual cost plus 10 percent, but hides may be purchased and
leather sold at wholesale.]
C h a p t e r 242
Sections 1-7. Manufacture of coffins.— [The board of administration is
authorized to manufacture coffins at the State penitentiary and to use inmates
as laborers. The wholesale price is to be 10 percent above the cost of manu
facturing and the retail price 20 percent above the cost. A metal plate is to be
attached to each coffin indicating it was made in the North Dakota Penitentiary.]
C h apte r 243
Section 1. Auto license plates.—The State board of administration is hereby
authorized and empowered to employ the labor of the prisoners of the State
penitentiary, or so much thereof as is not otherwise employed, in the manu
facture of auto license plates and road signs, which plates and signs may be
sold at a price fixed by said board of administration to the motor-vehicle regis
tration department and the highway departments of the State and to the sev
eral counties and municipalities of the State.
COUNTY AND MUNICIPAL PRISONERS
COMPILED LAWS, 1913
Section 3604. Work for city.— * * * Any person upon whom any fine or
penalty shall be imposed may, upon the order of the court before whom the con
viction is had, be committed to the county jail, city prison, workhouse, house of
correction, or other place provided by the city for the incarceration of offenders
until such fine, penalty, and costs shall be fully paid: Provided, That no such
1 Comp. L. Supp. 1913-25.
0
La w
s
r e l a t in g
to
p r is o n
labo&
imprisonment shall exceed 3 months for any one offense. The city council shall
have power to provide by ordinance, that each person so committed shall be
required to work for the city at such labor as his strength will permit not
exceeding 10 hours each working day: * * *.
Sec. 11331. 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 ma
terials 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, 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 out
side 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, * * *.
ACTS OF 1927
Chapter 119
S e c t i o n 1. Parole of prisoners for work on highways.— * * * whenever
the board of county commissioners of any county shall, by resolution, under
take to build, maintain or repair such highways in their county, they may make
application to the district court of said county for permission to take inmates
of any county jail on parole for the purpose of performing labor upon said high
ways. Upon proper showing made by the board of county commissioners of
two or more counties, such persons so confined may be transferred, by order
of the district court of any county in the State, from the custody of the sheriff
of any such county in the State to the sheriff of any other county in the State,
which shall have made proper application, in writing for such persons to be
transferred for the purpose of utilizing their labor upon such public highway
work. * * *
Seo. 2. Earnings.— [The county commissioners may give as compensation for
the work performed not less than 50 cents a day nor more than $1 a day to
the prisoners so employed.]
ACTS OF 1931
Con. Res. J. 10
(P. 557)
[By a concurrent resolution the board of administration, the warden of the
State penitentiary, and the superintendent of the State training school were
“ requested not to permit, authorize or require except in case of emergency any
inmate of the institution of which he or they have control to engage in any form
o f labor outside of the said institution of which he or they are inmates, which
work or labor, by reason of its nature, deprives a person, not an inmate of such
institution, of employment, or which would be in competition with persons
working for wages, * * *.” ]
OHIO
STATE
p r iso n er s
CONSTITUTION
A rticle
II
Section 41. Employment required; contracts forbidden; marking goods.—
Laws shall be passed providing for the occupation and employment of prison
ers sentenced to the several penal institutions and reformatories in the State;
and no person in any such penal institution or reformatory while under sentence
thereto, shall be required or allowed to work at any trade, industry, or occu
pation, wherein or whereby his work, or the product or profit of his work, shall
be sold, farmed 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
TEXT OF LAWS, 1933
89
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 to 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.
PAGE’S GENERAL CODE, 1932
Section 1205. Work on highways.—Whenever the director desires to use
any number of prisoners, confined in the State penitentiary or reformatory, to
work on the State highway system, or to employ the prisoners in such institu
tions in the preparation of road building materials of any kind for use upon
the State highway system, such director shall make a requisition upon the
warden or superintendent of such institution where such prisoners are con
fined, stating the number of prisoners which it is desired to use in said work,
and the place where they are to be employed. * * * The rules and regula
tions under which such prisoners shall work shall be prescribed by the director
of welfare, but the work to be done and the manner of doing such work shall
be under the control of the director.
Sec. 1224-1 (as amended 1931, p. 191). Road materials.— [All paving brick
manufactured by the State prisons is to be distributed equally among the high
way divisions of the State to be used in maintaining and repairing the highways.]
Seo. 2138. Earnings.— [An amount not in excess of 20 percent of the earn
ings of prisoners in the State reformatory, as deemed equitable and just by
the board of administration, shall be placed to their individual credit.]
Seo. 2183. Convicts employed on work for State.—Under the direction 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.
He may also employ a portion of the convicts in the preparation and manufac
ture of any or all forms of road-making material for use in the construction,
improvement, maintenance, and repair of the main market roads and highways
within the State of Ohio.
For such purposes the State board of administration 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 convicts in such manufacture.
The terms and manner of employment of such persons shall be fixed and
determined by the board.
Sec. 2183-1. Earnings.— [Convicts in the State penitentiary are to be credited
with an amount deemed just and equitable by the board.]
Sec. 2184. Domestic service.—Convicts may be hired by the warden for
domestic purposes on terms to be agreed upon by him and the board of
managers, * * *.
Sec. 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.
Sec. 2207. Free labor forbidden.—A contractor or subcontractor, having con
tracts with the State for prison labor to be performed within the walls of
the penitentiary, shall not employ free laborers, except foremen, instructors,
and draymen, to work upon the contracts. The warden, or an officer of the
penitentiary, shall not issue a permit to a free laborer except as provided in
this section, to go inside the penitentiary for such purpose. Such warden or
officer violating the provisions of this section shall forfeit his office and the
vacancy shall be filled as provided in case of resignation.
Sec. 2228. Contracts forbidden.—The board of managers of the Ohio Peni
tentiary, the board of managers of the Ohio State Reformatory, or other
authority, shall make no contract by which the labor or time of a prisoner in
the penitentiary 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 disposed of, to the State or a political division thereof, or for or to a
public institution owned or managed and under the control of the State or a
90
LAWS RELATING TO PRISON LABOR
political division thereof, for tlie purposes and according to the provisions of
this chapter.
Sec. 2229. Sours 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
employed* at hard labor for not to exceed 9 hours of each day other than
Sundays and public holidays.
Sec. 2230. State use.n—Such labor shall be for the purpose of the manufacture
and production of supplies for such institutions, the State or political divisions
thereof; for a public institution owned, managed, and controlled by 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 instruc
tion, or partly for one and partly for the other of such purposes; in the
manufacture and production of crushed stone, brick, tile, and culvert pipe,
suitable for draining wagon roads of the State, or in the preparation of road
building and ballasting material.
Sec. 2230-1. Production of electric current.—Such labor shall also be for the
purpose of the production of electric current for such institutions; * * *.
Sec. 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. * * *
Sec. 2233. Lease of limestone beds.—The board of managers of the peni
tentiary or the board of managers of the reformatory may lease or purchase
beds of limestone, or other suitable road-building material, after they are
approved by the State highway commissioner as being suitable for the con
struction of roads. * * *
Sec. 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. No contract for
the lease of such plant as provided shall be operative until approved by the
governor and the State highway commissioner.
Sec. 2235. Use 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 main
tenance of public roads outside of the limits of incorporated cities or vil
lages. * * *
Sec. 2235-1. Stone-crushing plant.—The board of managers of the Ohio Peni
tentiary shall erect upon the said land described in this act (Gen. Code, secs.
2235-1 and 2235-2) 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 tiie board of managers of the Ohio Penitentiary in the open market,
and may also conduct the business of quarrying and selling dimension and
other stone.
Sec. 2243. TJse directed.—No articles or supplies manufactured under the
provisions of this chapter by the labor of convicts of the penitentiary 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 cannot be furnished. Such requisitions shall be honored as
far as possible.
Sec. 2244. Restrictions as to employment.—The total number of prisoners
and inmates employed at one time in the penitentiaries, workhouses, and
reformatories in this State in the manufacture of any one kind of goods
which are manufactured in this State outside of such penitentiaries, work
houses, arnd reformatories shall not exceed 10 percent of the number of all
persons in this State outside of such penitentiaries, workhouses, and reforma1 Acts of 1933, ch. 1, provides that any printing done in the penitentiary shall bo
1
performed solely for the use of such penitentiary or the State department of public
welfare.
TEXT OF LAWS, 1988
91
tories 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.
Secs. 6213-6217. Marking goods.— [Goods made by convict labor in this or
any other State must be marked or labeled “ convict made ” before being ex
posed for sale within the State.]
Sec. 7501. Convicts not furnished, when.—No 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 institution or workhouse.
Seo. 7502. Who map be worked.—All persons convicted of crime and sen
tenced to be confined in the State reformatory, penitentiary, jail, workhouse,
or other penal institutions shall be subject to labor upon the highways and
streets as hereinbefore provided.
COUNTY PRISONERS
PAGE’S GENERAL CODE, 1932
Section 2227-1. Control prohibited.—The labor or time of any person con
fined 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.
Sec. 2227-2. Employment; State use.—Such persons so confined may be em
ployed 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.
Seo. 2227-3. 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, * * *.
Sec. 2227-4. Restrictions.—No other articles than those specified in section 2
[2227-2] of this act (Gen. Code, secs. 2227-1 to 2227-6) shall be manufactured,
but nothing herein shall prevent the employment of any person *o con
*
fined, elsewhere than within the jail or workhouse where he has been com
mitted by any political subdivision, nor impair or affect any contract hereto
fore made.
Seo. 2227-5. 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 deems 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. * * *
Sec. 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
manufacture of brick or other road-building materials or supplies needed for
the construction or maintenance of public roads in such county and employ a
superintendent to oversee and supervise the work. When such property is so
purchased or leased the board shall make the arrangements necessary to work
the convicts of the county thereat.
Sec. 2237. Sentence 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 prescribed by law for their confinement in such jail or
workhouse.
Seo. 7498. Employment in county.—The county commissioners may make
requisition in like manner as the State highway commissioner for the number
of prisoners desired for use upon the county highways within said county, or
in the manufacture and preparation of road-building material of any
kind. * ♦ ♦
4705*— 83-------7
92
LAWS RELATING TO PRISON LABOB
MUNICIPAL PRISONERS
PAGE’S GENERAL CODE, 1932
S ec tio n 7504. Street work.—Any city having a workhouse located therein
shall have full power and authority to use the prisoners 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 o . 7505. Same.—Any magistrate of a city or village not having a workhouse
located therein shall have full power and authority to sentence prisoners con
victed therein to work upon the streets of said city or village or in the manu
facture of any material required in the repair of said streets.
OKLAHOMA
STATE PRISONERS
CONSTITUTION
A r tic le
S e c tio n
23
2. Contracts prohibited.—The contracting of convict labor is hereby
prohibited.
STATUTES, 1931
S ec tio n 5300. Employment.—The State board of public affairs shall have the
management and control of the penal institutions of this State, located at
McAlester and Granite, and may prescribe rules and regulations for the con
duct and management thereof. Said board shall have the authority to install
and equip such business enterprises, occupations, factories, manufactories,
farming, and any 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 construction and operation of any building, factory, shop,
business, or enterprise connected with said institutions. * * *
S e c . 5309. Prison labor used in constructing prisons.—The board of control
shall have full power and authority to build and equip a reformatory build
ing or buildings on the tract or tracts of land selected by said board for the
safekeeping and care of the inmates thereof. Prison labor shall be employed
as far as practicable in the work of constructing and equipping the necessary
buildings for the said Oklahoma State Reformatory which shall be constructed
as far as possible from granite taken from the lands acquired under this
article.
S e c . 5310. Prisoners in reformatory may be worked.—Said board of control
shall have full power and authority to work any person sentenced to said
Oklahoma State Reformatory on the public roads, granite quarries, or any
other kind or class of work that said board may deem advisable, where the
same is not in conflict with the constitution or laws of this State.
S e c . 5317. Structural steel.—The State board of public affairs is hereby em
powered to install a plant for fabricating structural steel for bridges for the
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.
S e c . 5318. Ttvine plant.—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.
S e c . 5322. Operation.— T h e f u n d s p r o v i d e d h e r e i n s h a l l b e e x p e n d e d u n d e r
th e s u p e r v is io n o f th e G o v e r n o r a n d th e S ta te b o a r d o f p u b lic a ffa ir s w h o
m a y u s e s a id f u n d s in in s t a llin g a n d e q u ip p in g a p la n t f o r t h e m a n u fa c t u r e
o f b in d e r t w in e , c o r d a g e , c o t t o n , o r ju t e b a g g in g a n d th e s a le o f s u ch p r o d u c ts .
S e c . 5323. Wagon factory.—The State board of public affairs of Oklahoma
is hereby authorized and directed to establish at the Oklahoma State Peni
tentiary at McAlester, Okla., a factory to manufacture such farm wagons and
implements as may be manufactured without infringing patents, and to sell
said wagons and implements to farmers who are bona fide residents of this
State at actual costs. The sale of said farm wagons and implements shall be
TEXT OP LAWS, 1983
93
made under such rules and regulations and provisions for payment as may
be prescribed by the State board of public affairs.
S e o . 5326. Sale of wagons and implements.—All moneys received from the
sale of said farm wagons and implements shall be paid into said revolving
fund and shall be used in the manner and form provided by law for the
regular revolving fund of said State penitentiary, to purchase material, sup
plies, equipment, and machinery found by the State board of public affairs
to be necessary for the operation of said factory.
Seo. 5327. Experiment station.—The warden of the State reformatory, lo
cated at Granite, Okla., is hereby authorized and directed to devote and use
all or any part of suitable farm lands belonging to or leased or rented by
said institution in conducting an agricultural and horticultural pure seed
farm, and especially such seeds, plants, shoots, etc., as may be or hereafter
considered adaptable to the climatic and soil condition of that section of the
State. And it is further provided, in cooperation with the agricultural and
mechanical college of the State through its agronomy and horticultural depart
ment, to have inspections of growing crops for the purpose of certifying the
seed grown on this experimental seed farm. It is the purpose of this act to
grow and produce purebred, certified seed to be sold to and distributed for
pay among the farmers of the State of Oklahoma; and as far as practical to
conduct said work in such a way as not to conflict with or duplicate the
experimental work conducted under the supervision of the board of agriculture
or the agricultural and mechanical college of the State of Oklahoma.
S e o . 5328. Same.—In connection with said experimental work and as a
part thereof, the said warden shall cause to be produced and developed pure
seed shoots and plants of a nature adapted to said soil and climate, same to
be sold by said warden to the various citizen applicants of this State in the
order said applications are received. The moneys received from said sales
shall be deposited in the revolving fund of said institution.
S e c . 5329. Tannery and harness shop.—There is hereby established at the
Oklahoma State Reformatory, Granite, Okla., a tannery, and a harness and
shoe factory in connection therewith, which shall be under the management
and control of the State board of public affairs as ex-officio board of prison
control.
S e c . 5330. Teacher to be employed.—The State board of public affairs
is hereby authorized and directed to employ a suitable person, who is well
versed in tanning of hides, and a suitable person who is well versed in manu
facturing harness and shoes, and whose duty, among other things, shall be
to teach designated inmates of the Oklahoma State Reformatory the art of
preparing and tanning hides and manufacturing harness and shoes. The
warden of the Oklahoma State Reformatory shall make rules and regulations
subject to the approval of the State board of public affairs, which shall provide
the means and methods by which the public may send hides to the tannery and
have the same tanned at a reasonable price, and for the sale at cost of harness,
so manufactured, to farmers or teamsters in this State.
S e c . 5334. Goal lands.—The board of prison control 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
Pittsburg, * ♦ *.
Sec. 5335. Operation of mine.—The board of prison control is hereby au
thorized 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 . 5337. Same.—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: * * *.
S e c . 5345. Earnings.—The State board of public affairs shall have the
authority to allow any prisoner a reasonable amount of compensation after he
has performed his daily task, if such prisoner desires to avail himself of such
opportunity.
S e c . 5346. Same.— [The b o a r d o f p r i s o n c o n t r o l i s g i v e n t h e s a m e p o w e r
t o a llo w e a r n in g s a s o u t lin e d a b o v e t o e ith e r m a le o r fe m a le p r is o n e r s .]
94
LAWS RELATING TO PRISON LABOR
S e o . 5347. Same.—When the Oklahoma State Penitentiary and the Okla
homa State Reformatory at Granite, or either of them, may become self-sus
taining, the said State board of public affairs is hereby empowered, authorized,
and directed to provide for compensation in part for work and labor done or
services rendered by any convict, the amount being allowed by said board to
be kept by the warden for said convict and given to him when liberated, or
to be paid to the family or any person or persons dependent upon said con
vict, upon his Order, as such money is earned by him, all within the discretion
of said board.
S e o . 10263. Road work.—The State board of public affairs, upon applica
tion 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 public 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 furnishing State convicts for work upon the public high
ways of such county; * * *.
S e o . 11096. Convicts not to work in mines.— I n n o e v e n t s h a l l c o n v i c t s e v e r
b e e m p lo y e d in a n y m in e s in t h is S ta te .
COUNTY PRISONERS
STATUTES, 1931
S e c t i o n 3160. Method of employment.—Wherever any person shall be con
fined 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, 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 earn
ings. And 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, * * *.
S e o . 3167. Public roads.—The board of county commissioners of any county
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 receive them for work, upon public highways, any persons sen
tenced and confined in the county jail either as punishment for crime or in
lieu of payment of fine and costs.
Seo. 3168. Road materials.—When, in the judgment of the county commis
sioners, the expense of working the convicts upon the public highways is too
great, on 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 convicts 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 exercised in the same manner as is provided in section 2 [3167],
for the working of convicts upon the public highways, and the county com
missioners shall have full authority as to how and where said materials shall
be used: Provided, They shall lase same for no other purpose than the better
ment 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.
S e c . 3169. Allowmices, rewards for efficiency.—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: Provided,
TEXT OF LAWS, 1933
95
That those prisoners or convicts doing and performing the most efficient work
and making the best prisoners shall be entitled to an additional credit of 1
day for every 5 days of work, the guard or custodian of such prison to deter
mine at the end of each 5 days of such imprisonment whether or not such
prisoner is entitled to such credit, and to make a record of such decision and
notify the prisoner of the same.
S e c . 10255. Equipment for road work.—The board of county commissioners
shall have authority to purchase such teams, vehicles, machinery, tools, porta
ble lock-ups, and such other equipment as may be necessary for the employment
of convicts or other labor upon the public roads, and to pay for the same
from either the court or road and bridge fund.
ACTS OF 1933
C hapter
123
S e c t i o n 1. Work on highways.—Any person in this State, convicted of a
crime, who, as a result of said conviction, is confined as a prisoner in a county
jail of any county may, at the discretion of the board of county commissioners
of said county in which said jail is located, be required by said county com
missioners to perform road work on the public highways of said county and/
or upon the streets of any city of the first class located in said county, * * *.
MUNICIPAL PRISONERS
STATUTES, 1931
S e c t i o n 3159. Sentence may be 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 incorporated town or city in the State, shall have full power and authority
to sentence such convict to hard labor as provided in this article.
Sec. 3165. 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 commissioners shall have authority to work any such prisoners on
the public highways, 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, * * *.
S e c . 10256. Working city prisoners.—The board of county commissioners
shall have authority to receive by agreement with the city council the prisoners
of any city who have been sentenced to city prison for a crime committed or
in lieu of payment of fine and costs: Provided, The commissioners shall not
.pay for the services of such persons except the cost of their maintenance.
OREGON
STATE PRISONERS
CODE, 1930
S e c t i o n 44-130. Road work.— * * * The [State highway] commission
may authorize 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 peni
tentiary such convicts as in his judgment may seem proper for use in the
work of constructing such highway or such part of a highway; * * *.
Sec. 59-402. Regulations on sale of convict-made goods.— [Goods and mer
chandise made in whole or in part by convict labor in any prison outside the
State shall not be sold or offered for sale within the State of Oregon unless
such commodities have been properly disinfected in accordance with the rules
and regulations of the State board of health, and unless such goods are labeled
witll the words “ these goods are convict made” , in the manner prescribed in
the statute.]
96
LAWS RELATING TO PRISON LABOR
S e c . 67-1410. Employment of prisoners.—In order to minimize the cost of
maintaining the several institutions, all wards of the State who are capable
of a reasonable amount of work without physical or mental injury to them
selves shall be used as fully as possible in the production and manufacture of
articles for the use of the State and for sale in the open market and in per
formance of labor for the State, but it shall be unlawful for the board to
enter into any agreement or contract with any private person, firm, or corpora
tion for the direct employment of convicts of the Oregon State Penitentiary.
In order to encourage industry and thereby increase productiveness in the
several institutions, the board shall prescribe rules and regulations for the
sale and exchange of surplus products of each; * * *.
Sec. 67-1411. Clearing unimproved land.—The board of control of the State
of Oregon is hereby authorized and empowered to enter into contract with any
person or persons who in their discretion may be advisable in connection with
the Oregon State Penitentiary for employment of convicts therein in clearing
unimproved land in the State of Oregon; that said board of control is further
authorized and empowered to distribute such wood and fuel as may be the
products of the labor of said convicts in executing such contracts to the various
State institutions and to sell such surplus as by said board of control may be
deemed advisable.
S e c . 67-1904. Work on premises.—No 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 or 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.
Sec. 67-1910. 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 es
tablished in the discretion of the Governor and the warden of the said
penitentiary; * * *.
S e c . 67-1911. Sale of products.—The products of such industries shall be sold
under and pursuant to such rules and regulations as the Oregon State Board of
Control shall make from time to time for the sale thereof, and shall be sold
for cash, or security approved by the Oregon State Board of Control. All
funds received from the sale of such products shall be deposited in the State
treasury, and be credited to and become a part of the revolving fund hereby
created.
S e c . 67-2001. Contracts forbidden.—It shall be unlawful for the State to
enter into any agreement or contract with any private person, firm, or cor
poration for the employment of convicts of the State penitentiary.
Sec. 67-2002. Work on 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 institution, 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. Said convicts shall be delivered to any
county court or to the superintendent of any State institution on such terms and
conditions as shall be prescribed by the parole board and approved by the
Governor.
Seo. 67-2006. Paroled to wood camps.—The executive head of the State peni
tentiary under the direction of the Oregon State Board of Control and under
such rules and regulations as may be prescribed by the Oregon State Board
of Control, is hereby authorized to employ paroled convicts at any wood camp
which may be conducted in connection with said penitentiary under any con
tract entered into by the board of control for the cutting of wood for use at
any of the State institutions. Wages for such paroled convicts so employed
shall be reasonable and in no case in excess of the ordinary wage granted to
free labor for a similar kind of employment.
Sec. 67-2009. Employment.—The Oregon State Board of Control is hereby
authorized and empowered to install and equip such plants as in its dis
cretion may be advisable in connection with the Oregon State Penitentiary for
the employment of convicts therein in such forms of industry and employment
as it may deem advisable, and it is hereby further authorized and empowered
TEXT OF LAWS, 1933
97
purchase, acquire, install, maintain, and operate such materials, machinery,
and appliances as it may deem necessary in the conduct and operation of such
plants; that the Oregon State Board of Control is further authorized to make
all rules and regulations for carrying out the provisions of this act as it 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 Oregon State
Board of Control is hereby fully empowered to make such rules and regula
tions as it may deem necessary covering the sale of any product of any
industry maintained and operated at the said penitentiary and to have
exclusive control over the sale of such products.
S e o . 67-2010—67-2014.1 Marking goods.— [Goods, wares, etc., made by convict
2
labor must, before being exposed for sale in the State be conspicuously labeled
or marked “ convict made.” ]
Sec. 67-2017. Flaw plant equipment.—The board of control is hereby author
ized and empowered to sell and dispose, in such manner as said board may
see fit, of all machinery, materials, tools, and equipment used in connection
with the flax plant at the Oregon State Penitentiary at such time as within
the judgment of the said board private capital has developed at a suitable
place or suitable places within the State of Oregon, flax mills, or plants of
such size, capacity, and general financial soundness, as, within the judgment
of the said board, will in the future properly handle and dispose of the
products of flax fields within the State of Oregon.
to
COUNTY AND MUNICIPAL PRISONERS
CODE, 1930
S e c t i o n 27-2501. 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 o . 27-2502. County roads.—All convicts sentenced by any court or legal
authority, 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 committed 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 hereby authorized and directed to
provide such rules and regulations in regard to the employment of said con
victs, * * * as are not inconsistent with the provisions of this act; * * *.
S e o . 27-2503. Municipal 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 27-2502 for county
prisoners.
PENNSYLVANIA
STATE AND COUNTY PRISONERS
WEST’S STATUTES, 1920
S e c t i o n s 12685-12687. Contract system abolished.— [At the expiration o f
all contracts existing at the time (1883) of the enactment of these sections
the officers of the State prisons, reformatories, and county workhouses are
directed to employ the inmates under their control for and in behalf of the
State or their respective counties.]
S e o . 12724. Road work.—The State highway department may employ the
prisoners or inmates of the penitentiaries, county prisons, and also of reforma
tories or reform schools, maintained by the Commonwealth or receiving ap
propriation for maintenance therefrom, in the construction, reconstruction, or
maintenance of the State highways or State-aid highways under the conditions
herein provided. * * *
“ See also sec. 59-402.
98
LAWS RELATING TO PRISON LABOR
Seo. 12726. Earnings.— [Prisoners so employed receive a wage allowance of
not less than 40 cents nor more than 60 per day.]
STATE PRISONERS
WEST’S STATUTES, 1920
S e c t i o n s 12781-12734. Marking of goods.—[Goods, wares, and articles of
any description made by convict labor must be plainly marked or branded
“ convict made” before being offered for sale at wholesale or retail.]
WEST’S STATUTES, 1920, SUPPLEMENT, 1928
S e c t i o n 12623e-4 (as amended 1929, no. 359). Employment of convicts.— [The
prisoners may be used in any work connected with the preparation of building
material, the construction of the penitentiary, or improvements thereto. They
may also engage in farming and dairying work for the purpose of supplying
the prisons with such products. Wages for each prisoner employed may be
agreed upon in accordance with laws regulating the employment of prison
labor.]
Sec. 12691. Employment.—All persons sentenced to the eastern or western
penitentiary, or to the Pennsylvania Industrial Reformatory at Huntingdon,
or to the State industrial home for women at Muncy, or to any other
correctional institution hereafter established by the Commonwealth, who are
physically capable of such labor, may be employed at labor for not to exceed
8 hours each day, other than Sundays and public holidays. Such labor shall
be for the purpose of the manufacture and production of supplies for said
institutions, or for the Commonwealth or for any county, city, borough, or
township, thereof, or for any public institution owned, managed, and controlled
by the Commonwealth, or for any educational or charitable institution receiv
ing 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 purpose of industrial
training or instruction, 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 the preparation of road building and ballasting material.
S e o . 12691a-l. Raising forest tree seedlings.—The department of welfare of
the Commonwealth shall have the power to employ inmates of the eastern
penitentiary, the western penitentiary, the Pennsylvania Industrial Reformatory
at Huntingdon, and such other penal and correctional institutions of this
Commonwealth as it may deem proper, for the purpose of raising forest tree
seedlings and transplants on the grounds of the said institutions or grounds
adjacent thereto. Such inmates so employed shall be physically capable of
such labor and may be so employed for not to exceed 8 hours each day
other than Sundays and public holidays. Said department shall also have
the power to arrange for and make sale of the trees produced, as provided
in this act, to the department of forests and waters of the Commonwealth.
Sec. 12693. Equipment.—The prison labor commission [department of wel
fare] shall determine the amount, kind, and character of the machinery to be
erected in each of the penitentiaries, reformatory, and home, or other correc
tional institutions hereafter established, the industries to be carried on therein,
having due regard to the location and conveniences thereof with respect to
other institutions to be supplied, to the machinery therein, and the number and
character of inmates.
Sec. 12694. Sale of produce.—The prison labor commission [department of
welfare] shall arrange for the sale of the materials produced by the prisoners
to the Commonwealth or to any county, city, borough, or township thereof, or to
any of the public institutions owned, managed, and controlled by the Common
wealth, or to any educational or charitable institution receiving aid from the
Commonwealth.
Sec. 12694a-l. Sale of surplus.— [Surplus produce is to be sold to other States
or subdivisions or agencies of such States; or to any institution receiving aid
from or maintained by any State within the United States.]
Sec. 12697. Earnings.— [Rate of wage is fixed by the prison commission, but in
no case shall the amount be less than 10 cents or over 50 cents per day.]
TEXT OP LAWS, 1933
99
Seo. 12700a-l. Additional earnings.—In addition to payments made, as pro
vided by law, to inmates directly laboring on industries in the eastern State
penitentiary, the western State penitentiary, the Pennsylvania Industrial Re
formatory at Huntingdon, and other correctional institutions of the Common
wealth in which the department of welfare has established industries, said
department is hereby authorized and directed to pay out of the manufacturing
fund arising from the sale of the products of the industries established by said
department in said State institutions, wages at not more than 20 cents per
day to inmates in said State institutions performing labor of any kind neces
sary to the proper maintenance of such institutions and the inmates thereof:
Provided, That the inmates directly laboring on industries shall first be paid in
full as provided by law ; And provided further, That the total paid to the said
inmates directly laboring on industries, and to inmates performing labor of
any kind necessary to the proper maintenance of said institutions and the
inmates thereof, shall not exceed 80 percent of the total net revenue from said
industries established by the department of welfare.
ACTS OF 1929
No. 175
S e c t io n 2312 (p. 296). Employment of prisoners.—The department of welfare
shall have the power, and its duty shall be:
(a) To establish, maintain, and carry on industries in the eastern State
penitentiary, the western State penitentiary, the Rockview Penitentiary, the
new eastern State penitentiary at Graterford, the Pennsylvania Industrial Re
formatory at Huntingdon, and such other penal or correctional institutions of
this Commonwealth as it may deem proper, in which industries all persons
sentenced to such institutions, who are physically capable of such labor, may
be employed at labor for not to exceed 8 hours each day, other than Sundays
and public holidays. Such labor shall be for the purpose of doing printing,
or of manufacturing and producing supplies, or for the preparation and manu
facture of building material for the construction or repair of any State institu
tion, 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 instruction, or in the manufacture and production of
crushed stone, brick, tile and culvert pipe, or other material suitable for drain
ing roads of the State, or in preparation of road building and ballasting
material;
(&) To determine the amount, kind, and character of the machinery to be
erected in each of the said penitentiaries, reformatory, or other penal or cor
rectional 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 contract to sell or sell the articles manufactured or produced in the
said industries carried on in the said penitentiaries, reformatory, or other
penal or correctional institutions, which cannot be used therein, to the Com
monwealth, or to any county, city, borough, township, school district, or poor
district thereof, or to any State institution, or to any educational or charitable
institution receiving aid from the Commonwealth, or to the Government of the
United States, or any department, bureau, commission, or agency thereof, or
to any other State or political subdivision thereof, or to any institution receiving
aid from the Government of the United States or of any other State;
(d) To arrange for the employment of inmates of such institutions, at such
work or labor, within or upon the grounds of such institutions, as may be
necessary for the maintenance of the institutions or the raising of food products
therefor;
*
*
*
*
*
*
*
(t) [Rate of pay to be regulated by the department but in no case is it to
be less than 10 cents for each day of labor performed. Sums may be credited
to inmate and paid to him on day of discharge or may be sent to dependents
as earned.]
(k) To the extent to which it is unable to provide work for every physically
able inmate of such institutions, to authorize the several boards of trustees of
such institutions to permit inmates to engage in such work or industries as
100
LAWS RELATING TO PRISON LABOR
the department may approve, and which they are able to provide from other
sources, but all such work shall be performed, the products thereof sold and
the proceeds thereof disposed of, under the rules and regulations of the
department covering the same;
*
*
*
*
*
*
*
ACTS OF 1929
No. 468
S e c t i o n 1. Industrial farms and workhouses.—There are hereby established
10 institutions, each to be known as the “ Industrial Farm and Workhouse
of th e ---------------District.”
Sec. 2. Districts.—[Creates the 10 districts in which these workhouses and
farms shall be established.]
S e c . 9. Inmates to be kept at labor.—Every person committed to an industrial
farm and workhouse 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. If any
person refuses to perform the work assigned to him or her, or is guilty of
other acts of insubordination, the superintendent shall punish such person in
such manner as the rules and regulations hereinbefore provided for may
prescribe. The superintendent shall keep a record, and report to the controlling
body of the district all such offenses and punishments.
All inmates shall receive compensation for their work, those employed on
institutional maintenance and nonproductive labor receiving not more than
20 cents per day or less than 10 cents per day. Those employed on productive
work, shall receive not more than 50 cents per day or less than 20 cents per
day. The earnings of each prisoner shall be credited to his or her account,
and disbursements made on approval of the superintendent of the institution,
and the written order of the inmate, except when an inmate is committed
for nonsupport the court which sentenced the prisoner shall order payment of
said earnings. At time of release or discharge, the prisoner shall receive all
moneys remaining in his or her account, and give receipt for the same.
Sec. 11. Purpose of employment.—It shall be the purpose of the industrial
farm and workhouse to employ the prisoners committed or transferred 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 city and
county or county institutions in the district, or for any political division thereof,
or for any public or charitable institution owned or managed and directed by
said city and county, county or counties, constituting said district, or any politi
cal 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 county or counties constituting said
district and for the proper and healthful employment of such prisoners.
Sec. 12. Sale of products.—All road material, brick, tile, concrete, and other
goods and materials prepared or made at any industrial farm and workhouse,
not needed for the purposes of such institution, shall be offered for sale, at
a price to be fixed by the city council, county commissioners, or board of the
district. In offering such material for sale, preference shall be given to the
county or counties forming the district of such institution and to the cities,
boroughs, and townships therein. All moneys so received shall be applied
toward paying the overhead expenses of the institution.
COUNTY PRISONERS
WEST’S STATUTES, 1920
S e c t i o n 8224. Jails.—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, ♦ * *.
TEXT OF LAWS, 1933
101
Sec. 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 work
house, now or hereafter to be established in this Commonwealth, to do and
perform 8 hours of manual labor each day of such imprisonment, except on
Sunday or legal holidays: 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.
Seo. 12712. Farms.—It shall be lawful for the authorities having control
and supervision of any county jail or county prison within this Common
wealth, and they are hereby empowered, to permit the employment of such
inmates serving sentences therein, as they shall deem advisable, at agri
cultural labor on any county or almshouse farm of the county or poor district
in which such jail or prison is located, * * ♦
.
Seo. 12722. Skilled employments.—Convicts employed under this act [of
1915 relating to work on highways; see section 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.
Sec. 12730. Streets.—In a county the limits of which coincide with the
limits 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 commissioner, * * *.
WEST’S STATUTES, 1920, SUPPLEMENT, 1928
S e c t i o n 12531b-l. Employments.—All persons sentenced to the several county
jails and prisons, who are physically capable, may be employed at labor for
not to exceed 8 hours each day, other than Sundays and public holidays. Such
employment may be in such character of work and the production of such
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 the 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 e c . 12531b-2. Equipment.—The county commissioners, or board of in
spectors, 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 purchase 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 provisions of this act.
S e c . 12531b-3. Earnings.— [The authorities in charge of the jail or prison
may fix the wages of the prisoners employed.]
S e c . 16811a-1109. Employment on poor farms.—It shall be lawful for the
authorities having control and supervision of any county jail or county prison
within this Commonwealth, and they are hereby empowered, with the approval
of the court of quarter sessions, to permit the employment of such inmates
serving sentences therein, as they shall deem advisable, at agricultural labor
on any district almshouse farm of the poor district in which such jail or
prison is located, * * *.
ACTS OF 1931
No. 99
Sale of produce.— [In counties of the first-class, prison-made goods may
be sold to such counties, to cities, to school districts and to political subdivisions
of such counties or to any institution maintained by such county or subdivision.
Contracts for such sales may be made without advertising or competitive
bidding. The board may establish a scale of wages and may pay the inmates
for their work according to this scale, but in no case shall the wage be less
than 10 cents per day.]
102
LAWS RELATING TO PRISON LABOR
PHILIPPINE ISLANDS
ACTS OF UNITED STATES PHILIPPINE COMMISSION
No. 1361
(P. 123)
[Provides for the appropriation of funds to be used in prisons “ for the pur
chase of materials to be used in the manufacture of carts, cart axles, and
broad-tired cart wheels for sale throughout the islands and for other expenses
connected with the manufacture, distribution, and sale thereof, * * * ” .]
ADMINISTRATIVE CODE, 1917
S e c t i o n 1713. Farming by prison colonists.—Any colonists detained at the
Iwahig penal colony may be provisionally granted a suitable plot of land
within the reservation for the purpose of cultivating and improving the same,
and may be furnished with such tools, implements, and agricultural supplies
as may be deemed necessary for the proper cultivation of said land.
S e c . 1716. Sale of products.—Products grown, manufactured, or otherwise
produced by the colonists may be sold under the supervision of the superin
tendent; and subject to such regulations as may be prescribed in reference
thereto, the persons producing the same may be allowed such part of the pro
ceeds thereof as shall be approved by the department head.
S e c . 1719. Supply store to sell produce.—The director of prisons, with the
approval of the department head, shall establish and maintain a general store
for the sale of merchandise which may be required by the residents of the
settlement, and for the purchase of produce which, under authority from the
department head, colonists residing at the settlement may dispose of for their
own profit. Colony produce may be sold to others than residents of the settle
ments should there be more to be disposed of than is required for the use of
the colony and the main prison. The supply-store fund shall be reimbursable,
the receipts from the business of the supply store being available for the pay
ment of the cost of supplies and other expenses incident to the conduct of said
store, without reappropriation.
S e c . 1720. Penal farm.—A penal farm shall be maintained at San Ramon,
in the Province of Zamboanga, department of Mindanao and Sulu, for the con
finement of insular prisoners and such other prisoners as may be remitted
thereto in accordance with law. * * *
S e c . 1723. Detail prisoners to public work.—The Governor General may, from
time to time, detail insular prisoners to work in any part of the islands upon
any public work not within the purview of section 1727 hereof; and the depart
ment head shall fix the terms and conditions upon which any branch of the
government may receive the labor of such insular prisoners.
S e c . 1727. Liability of prisoners to labor.—All convicted, able-bodied male
prisoners not over 60 years of age, may be compelled to work in and about
prisons, jails, public buildings, grounds, roads, and other public works of the
insular government, the Provinces, or the municipalities, under general regula
tions to be prescribed by the director of prisons, with the approval of the
department head. Persons detained on civil process or confined for contempt
of court and persons detained pending a determination of their appeals may
be compelled to police their cells and to perform such other labor as may be
deemed necessary for hygienic or sanitary reasons.
S e c . 1728. Assignment of women to work.—Convicted female prisoners may
be assigned to work suitable to their age, sex, and physical condition.
S e c . 2239. Municipal prisoners.—It shall be competent for a municipal coun
cil to prescribe fines or penalties for violations of its ordinances; but no penalty
so fixed shall exceed a fine of 200 pesos or imprisonment for 6 months, or both.
Persons undergoing imprisonment for violation of ordinances may be required
to labor for the period of imprisonment upon public works of the municipality
in such manner as may be directed by the municipal council.
PUERTO RICO
REVISED STATUTES AND CODES, 1911
Section 2293. Work on public roads.—All male prisoners over the age of 18
who are now or may be hereafter confined, in the presidio, or insular peni
TEXT OF LAWS, 1933
103
tentiary, or in any other penal institution, when under final sentence of a
court for any felony or misdemeanor, or serving sentence in default of the
payment of any fine or costs, may, unless specifically exempted by the terms
of the sentence, be put to work on the public roads of Puerto R ico; except in
cases of serious physical disability certified under oath by some medical official
connected with the penal institutions: Provided, That all convicts observing
good conduct and devotion to work shall receive as compensation the sum of
5 cents per day.
S e c . 2295. Supervision.—The director of prisons or the officer in charge of
any other penal institution is hereby authorized and empowered to deliver to
the commissioner of the interior or his representative, upon a written request
signed by such commissioner of the interior, any or all of the convicts under
his exclusive guardianship, who shall be comprised within the terms and con
ditions set forth in section 1 [2293] hereof. The convicts so delivered shall be
under the control, direction, and exclusive government of the commissioner
of the interior, as well as all employees, overseers, and guards appointed for
the guarding of the former in everything relating to the carrying out of the
works, * * *.
S e c . 2296. Roads to be constructed.—The commissioner of the interior is
hereby directed and empowered to begin, before the 1st day of May, 1903, the
construction of a road from Jayuya to a point between Ponce and Adjuntas,
on the Ponce-Arecibo Road, and of a road from Humacao to Yabucoa; said
roads to be built with convict labor in accordance with the provisions hereof.
The convicts’ camp to consist, when possible, of not less than 150 convicts to
be employed on each of said roads.
S e c . 6358. Imprisonment at hard labor.—In all cases of conviction for felony
the court sentencing any person convicted must attach to the sentence of
imprisonment a provision that such imprisonment be at hard labor.
RHODE ISLAND
STATE PRISONERS
GENERAL LAWS, 1923
S e c t i o n 6478. Control; employment.—The [penal and charitable] commis
sion, except as otherwise provided by law, shall have full oversight, manage
ment, control, and supervision 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 pro
vided by law, have full authority and power to provide for the control, dis
cipline, care, education, and employment of the inmates of such institutions,
and to make such contracts respecting the labor of such inmates as it may
deem proper, and to sell or otherwise dispose of the products of the labor of
such inmates and of the farms connected with said institutions. * * *
S e c . 6493. Farms.—* * * 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 institution shall be credited, as near as may be, with the value of the
farm product resulting from the labor of its inmates, * * *.
S e c . 6559. Road work.—The penal and charitable commission may, upon
the written request of a majority of the members of the State board of public
boards [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, mainte
nance, improvement, or repair of the State roads: Provided, however, That
nothing herein contained shall authorize the letting out by contract or other
wise of the services of any such convicts to any person or firm or corporation
except as aforesaid for work upon the State roads.
S e c . 6561. Earnings.— [ T h e w h o l e o r a n y p a r t o f t h e e a r n i n g s o f c o n v i c t s
e m p lo y e d o n t h e S ta te r o a d s , a f t e r t h e c o s t s o f t r a n s p o r t a t io n , g u a r d in g , s u p e r
v is io n a n d m a in te n a n c e h a v e b e e n d e d u c te d , m a y b e p a id t o s u c h c o n v ic t s o r
t h e i r d e p e n d e n t s .]
104
LAWS BELATING TO PBISON LABOB
COUNTY PRISONERS
GENERAL LAWS, 1923
S e c t i o n 6453. Labor required.—All persons imprisoned in the jail in the
county of Providence on account of their conviction of any criminal offense,
or on execution issued in any qui tarn 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
tliereon, for the benefit of the State, * * *.
S ec . 6455. Earnings.—Every person who shall be committed to such jail to
answer for any criminal offense, or on mesne process in any qui tam or penal
action, or on mesne process or execution in any civil action, may be permitted
to labor as aforesaid, in the discretion of said penal and charitable commis
sion, for the State, and in such case shall be allowed for his labor the sum of
25 cents per day for every day he shall so labor, to be paid to such prisoner
by the order of the keeper of said jail upon the general treasurer, certified by
at least one of said commission.
SOUTH CAROLINA
STATE AND COUNTY PRISONERS
CONSTITUTION
A rticle
XII
S e c t i o n 6. Public works and ways.—All convicts sentenced to hard labor by
any 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.
CODE OF LAWS, 1932
S e c t i o n 1035. Convicts to work.—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, with
out regard to the length of sentence, and in the alternative to imprisonment 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 con
sidered unsafe or unwise for such convict to be committed to county chain
gang: Provided, That the provisions of this section shall not apply to the
counties of Greenville and Clarendon: Provided, That a separation of the sexes
and races be at all times observed, except in the penitentiary and on the State
farms, and Kershaw County: Provided, further, Should the supervisor or com
missioner 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: Provided, further, That the highway commis
sioners of Berkeley County may, at their discretion, hire or farm out the con
victs of Berkeley County, by, through, and with the consent of the authorities
of the State penitentiary.
S ec . 1036. Same.—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
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 period longer than 5 years shall be so sentenced.
All persons charged with a crime by any municipal authorities of any incor
porated town or city in the county of Marion shall have the right to incarcerate
such persons in the county jail of Marion County without any expense to the
town authorities of said town; and the officers in charge of the jail shall receive
TEXT OF LAWS, 1933
105
such person and hold same subject to the orders of the mayor or intendant of
said town: Provided further, That all persons sentenced by any mayor or in
tendant of any incorporated town in the county of Marion to labor on the public
works of said county shall be required to serve on the county chain gang of
Marion County without compensation to any of the said incorporated towns
from whence they are sentenced.
STATE PRISONERS
CODE OF LAWS, 1932
1962. Board of directors.—The Governor shall, with the advice and
consent of the senate, appoint a board of directors consisting of five members
from the several sections of the State, * * * which board shall have charge
of the State penitentiary. * * *
The board of directors shall have power and their duty shall be:
*
*
*
*
*
*
*
(2)
Examine into discipline.—To examine and inquire into all matters con
nected with the government, discipline, and police of the prison; the punish
ment and employment of the convicts therein confined; the money, concerns,
and contracts for work; and the purchases and sales of articles provided for
the prison or sold on account thereof, and the progress of the work.
S e c . 1981. 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 . 1992. Road work.—The county supervisor from each county in the State
may be allowed to use any of the convicts he may select, sentenced from his
county to the State penitentiary, without charge, for the purpose of working
the roads of his county and for such other purposes as he may deem proper.
Said convicts shall be under the absolute custody and control of the supervisor
and whatever guards he may appoint.
S e c . 5892. Automobile license plates manufactured.—The State penitentiary
is hereby authorized to purchase the machinery and establish a plant for the
purpose of manufacturing motor-vehicle license plates and metal road signs.
The charge for license plates and metal road signs sold to the State highway
department shall be in line, with the prices heretofore paid private manufac
turers, and all State motor-vehicle license plates, metal road signs, and other
signs capable of being manufactured by such a plant shall be purchased through
the State penitentiary and manufactured by it: Provided, however, That the
State highway department shall have the right to prescribe the specifications
of plates and signs used by such department, the specifications to include colors,
quality, and quantity.
ACTS OF 1933
S e c t io n
No. 582
S e c t i o n 1. Public works.— [The board of directors of the State penitentiary
are authorized to permit the use of convict labor on State highway projects or
other public works.]
COUNTY AND MUNICIPAL PRISONERS
CODE OF LAWS, 1932
S e c t i o n 956. Convicts from municipal courts.—Whenever any town or munic
ipal authority in this State have not a sufficient number of convicts sentenced
to work on the public works of the town to warrant the expense of main
taining 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 convicts on the public works of the town for the
same number of days that town convicts work on the public works of the
county.
Sec. 1943. Federal prisoners.—The several authorities of the several counties
of this State are hereby authorized and directed to use upon the public works
106
LAWS RELATING TO PRISON LABOR
of the county such Federal prisoners as are able-bodied and are serving sen
tences in the jails of the respective counties under the same rules and regu
lations as apply to the State prisoners under similar sentences: Provided,
however, That no such Federal prisoners shall be so used upon the public
works of any county unless by authority of an act of Congress of the United
States.
S e o . 3831. Sentence to hard labor.—All 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 period longer than 5 years shall be so sentenced.
S e c . 3834. Leasing to other comities.—The governor of this State shall have
the authority, on proper cause shown, to remand any convict committed to the
State penitentiary back to the county chain gang of the county from which
he was committed, to serve the balance of the sentence imposed by law, upon
the request of the county commissioners. And the county board of directors,
county supervisor or county board of commissioners, respectively, of any of
the counties of this State, are hereby authorized and empowered to hire or
lease any of the convicts sentenced from such county or counties respectively,
to any other county of the State, upon such terms and upon such conditions as
to such officers, respectively, shall be deemed just, wise and expedient.
Seo. 3835. Work on highways.—All convicts upon whom may be imposed sen
tence 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 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 per
formed 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 works or 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 com
missioners of such county and the municipal authorities of such city or town.
Seo. 3837. Municipal convicts.—The municipal authorities of any city or town
shall diet and provide suitable and efficient guards and appliances for the safe
keeping of all convicts sentenced to labor on the highways, streets, and other
public works of such city or town, and shall provide all necessary tools, im
plements, and road machines for performing the work required of said con
victs, and shall pay all costs and expenses of the same.
S e c . 3839. Exchange of convict labor.— The supervisor of any county in 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
provided, 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
107
TEXT OP LAWS, 1933
of county commissioners of his county: Provided, That the provisions of this
section shall not apply to Fairfield County.
Sec. 3843. 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.
S ec . 3851. House of correction for females.—The county board of commis
sioners of the several counties in this State may provide and maintain, in con
nection 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*
S ec. 6148. Duties of commission.— T h e duties and pow ers o f every such com
m ission, in each cou n ty respectively, shall be as f o llo w s :
*
*
*
*
*
*
*
Utilize the county chain gang.—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.
*
*
*
*
*
*
*
S eo. 7359. Quarries.— A ll in corp ora ted tow n s and cities a re h ereby author
(6 )
ized and empowered* in a dd ition to the p ow ers n ow con ferred u pon them by
law , to ow n and operate rock quarries, fo r the pu rpose o f im p rovin g roads,
highw ays, and streets w ith in th eir respective ju risd iction s, and to w ork con
v icts in operatin g said rock quarries. * * *
SOUTH DAKOTA
STATE PRISONERS
COMPILED LAWS. 1929
5378. Twine plant continued*
—The special fund in the State treas
ury known as the twine plant revolving fund, shall be maintained as here
tofore for the purpose of conducting the business of the hard fiber twine and
cordage plant at the State penitentiary.
S ec . 5381. Sale of twine.—It shall be the duty of the Governor, State auditor,
State board of charities and corrections, and the warden of the penitentiary,
not later than the 1st day of March, each year, to fix the price at which
binding twine manufactured at the State twine and cordage plant shall be
sold. Such price shall continue to be the price for the season unless it shall
become evident to the warden and the board of charities and corrections
that it is such as will prevent the sale of the twine, or such that the State
will not receive a fair price therefor, in which case a change in price may
be made at any meeting of the board thereafter held by the warden and board
of charities and corrections. Two hundred and fifty thousand pounds of binding
twine shall be reserved each year for sale to farmers or actual consumers who
are residents of the State, in such quantities as are necessary for their use
and shall be sold only for cash or upon such good and sufficient security as the
warden of the penitentiary shall approve.
S eo . 5382. Surplus twme.—All twine on hand, above the 250,000 pounds
reserved for sale to farmers and actual consumers, for which no order has
been given, may be disposed of by the warden and board of charities and cor
rections, in bulk at the price fixed as in this article provided. The warden
shall require from the person purchasing twine to resell, an agreement in
writing that he will resell such twine only to actual consumers, that he will
resell such twine for cash for 1 cent per pound above cost and 1% cents per
pound above cost when sold on time, cost of transportation added, and that
he will permit the inspection of his books at any time by any agent of the
State or State attorney for the purpose of ascertaining whether he has com
plied with his agreement If any twine remains unsold after the 15th day of
June in any year, the warden and board of charities and corrections may sell
the same unconditionally for the best price obtainable or carry the same over
to the next year as may seem best in their judgment.
Seo. 5384-A. Motor vehicle license plates.—The board of charities and cor
rections are hereby authorized and empowered to purchase and install at the
S e c t io n
4705°—*33-------8
108
LAWS RELATING TO PRISON LABOR
State penitentiary all necessary machinery, equipment and material for the
purpose of manufacturing motor vehicle and motorcycle license plates, high
way signs, and other markers.
S e o . 5384r-B. Equipment.—The board of charities and corrections shall, at as
early a date as practicable, purchase all necessary machinery, material, equip
ment, and fixtures and perform all other things that may be necessary provided
for in section 1 [5384-A] herein; that in the construction and manufacture of
said plates, signs, and markers they shall utilize to as great an extent as
possible the labor of the inmates of said penitentiary; said machinery and
equipment to be in place and ready for operation on or before July 1, 1929.
S e o . 5384r-F. Sale of license plates.—Motor vehicle and motorcycle iicense
plates, highway signs and markers may be furnished to the State at prices to
be agreed on between the requisitioning State department and the board of
charities and corrections. * * *
Seo. 5384-G. Other products.—The board of charities and corrections may also
enter into contracts for the manufacturing and furnishing of such articles as
hereinbefore mentioned, or any other articles that the said plant and equipment
hereinbefore provided for is suitable to be used in the manufacture of, and
may enter into such contracts with any State department in South Dakota
or other States or counties, or other municipalities, corporations, or individuals.
S e c . 5417. Emmings.— [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.]
Sec. 5418-A. Work on drainage ditches.—The State board of charities and
corrections of the State of South Dakota and/or the warden of the State pen
itentiary of the State of South Dakota are hereby authorized and directed to
furnish labor of inmates of the State penitentiary at Sioux Falls, S.Dak., for
the purpose of assisting in the maintenance and upkeep of drainage ditch nos.
1 and 2, which ditch furnishes drainage for property owned by the State of
South Dakota in connection with operation of the State penitentiary. Such
inmates shall perform whatever labor may be assigned to them without com
pensation to them other than that which is now prescribed by law for such
inmates.
S e c . 5454. Outside employment.—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; * * * upon the written recommendation of
the board of charities and corrections endorsed 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. * * *
Seic. 8507-Z37. Road work.—The [State] highway commission may arrange
to have the work [on the trunk highway system] done by day labor, or by
convict labor, * * *.
COUNTY AND MUNICIPAL PRISONERS
COMPILED LAWS, 1929
S e c t i o 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
bylaw 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 8 hours in any one day. Such court or tribunal, when passing
judgment of imprisonment, shall determine and specify whether such confine
ment 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 rea
sonable compensation by the county, city, town, or civil township benefited
thereby.
TEXT OF LAWS, 193 3
109
Sec. 10222. Compensation.— [Such compensation as the court may allow may
be paid to the wife or family dependents of the prisoner. The determination
of the amount to be paid is within the discretion of the court.]
TENNESSEE
STATE PRISONERS
CODE, 1932
Section 3180. Work on highways.—The State commissioner may execute any
highway work or part thereof under this statute by means of the labor of
State or county convicts: Provided, That such convicts at the time shall be
available by law and satisfactory arrangements can be made by which they
may be used. * * *
Sec. 12108. 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 commissioner of institutions.
Sec. 12118. Labor required.—All persons sentenced to the penitentiary shall
be kept at labor when in sufficient health. * * *
Sec. 12120. Employment.—The particular employment of each prisoner shall
be such as may be best adapted to such prisoner’s age, sex, and state of health,
having due regard to that employment which is most profitable.
Sec. 12150. Work within walls.—The convicts shall be worked within the
walls of the prison, except when otherwise provided in this code.
Sec. 12181. Farm.—Said commissioner [of institutions] 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 him.
S e c . 12182. Construction of certain roads.—Said commissioner shall have au
thority 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 proper
ties, and to construct and build, if in his opinion it is necessary, separate hospi
tals and necessary appurtenances for contagious diseases on the State’s prop
erty, and pay for same out of the fund belonging to said institution.
Sec. 12183. Census.— [A count is to be made each year of all convicts avail
able for work on the county roads.]
S e c . 12186. Road work.—When such census is completed the county judge or
the chairman of the county court of each county shall be notified by such
commissioners that said inmates of the penitentiaries are available and sub
ject to be employed upon the county roads, pikes, and highways of the counties,
who may apply for their services, upon such terms and conditions as may be
required by the commissioner. * * *
S e c . 12187. Minimum number.—Not less than 50 prisoners may be furnished
to any one county.
Sec. 12188. Period for road work.—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 hired or worked in any
county on road work during any other period of the year.
Sec. 12196. Construction; mining.—Said commissioner may during the sum
mer 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; so that in the event of the employment
of a sufficient number of inmates of the Brushy Mountain Penitentiary on the
county roads, pikes, highways, or railroads, the mining force at the Brushy
Mottotain Penitentiary shall be reduced to not exceeding 300 men mining coal,
burning coke, and operating said mines during the road-working season.
Sec. 12197. Railroad grading.—The commissioner of institutions may con
tract with any railroad company to do the grading of any railroad extension
into the coal lands of the State, and in case the State engages to do said
grading, the working of the convicts upon such grade work is hereby authorized
and the working of the convicts shall be under such commissioner. Said
commissioner may accept in remuneration for said grading county bonds or
first-mortgage bonds of such railroad.
110
LAWS RELATING TO PRISON LABOR
S ec. 12198. Contracts for road work.— T h e com m issioner o f in stitu tions, w ith
th e app roval o f the G overn or, is hereby au th orized to con tra ct w ith th e
com m ission er o f h igh w a ys and pu blic w ork s fo r th e use o f any or all con victs
excep t those w h ich it is u ndesirable or im practicable in the opinion o f said
officials to w ork ou tside the w alls o f the m ain prison in con stru ctin g any new
o r m ain tain in g any o ld pu b lic road in this S ta te : Provided, T h a t a ll such
con tra cts sh all be m ade upon the sam e basis o f p a y f o r the la b o r o f such
con victs as is bein g p a id fre e la b or a t th e tim e fo r such sim ilar w ork in th e
lo ca lity w h ere such roa d w ork is to be done, a fte r m akin g due allow ance, i f
any, f o r the differen ce betw een con v ict and free labor.
S e c . 12201. Earnings.— [One third of the net profits are to be reserved for
the benefit of the prisoners so employed.]
S e c . 12205. Employments in manufacturing.—The commissioner of insti
tutions, with the approval of the Governor, is authorized and directed to em
ploy and work at manufacturing articles of merchandise in shops to be wholly
controlled by such commissioner, such of the convicts as in his judgment it
will not be safe, humane, practicable, or desirable to work outside the prison
walls; that is, such prisoners as cannot 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 law to reduce to a practical,
minimum the number of prisoners engaged in the manufacturing business in
competition with free labor and manufacturers engaged in like business. Said
commissioner of institutions, with the approval of the governor, is hereby
authorized and directed to make contracts for the sale or manufacture of any
articles which may be manufactured 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 commis
sioner of institutions will best subserve and protect the interests of the State
and the welfare of the prisoners, subject to the following rules and pro
visions, to wit:
*
*
*
*
*
*
*
(2) Such prisoners shall be worked in such manufacturing lines as in the
opinion of said commissioner of institutions 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 confine
ment shall have been 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 labor shall be
reduced to its practical minimum, all reasonable efforts shall be made to dis
pose of the articles manufactured by such prisoners at such prices as will
best protect the financial interests of the State and maintain the earnings of
such prisoners as nearly as may be on a par with the prices paid to free labor
engaged in the same lines of manufacture.
*
*
*
*
*
*
*
(5) After selling and disposing of articles manufactured in each shop and
line, there shall be kept and reserved for the use and benefit of the prisoners
working in any such shop and line, and to be paid to them or to any of their
designated dependents 33% percent of the balance of said selling price re
maining after reimbursing the State for the care and maintenance of said
prisoners; and the funds so reserved shall be used and expended by said com
missioner of institutions, with the approval of the Governor, in payments there
from to be made to deserving prisoners or to their dependents in such amounts
as will reward good conduct, give the stimulus of hope to the prisoners, and
best encourage the discipline and efficiency of the prisoners worked in such
manufacturing shop.
*
*
*
*
*
*
*
12206. Sale of products; State account, etc.—In the event the authori
ties 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 manufac
ture 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
Sec.
TEXT OF LAWS, 1933
111
machinery and equipment necessary to install the plants and to purchase neces
sary material for carrying on such manufacturing business. The said authori
ties 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 more dealers: Provided, That the authorities selling said manufactured
articles will be governed and controlled by proper consideration and reasonable
protection of free labor and manufacturers engaged in the production and sale
of similar and like manufactured articles.
S e c . 12207. Automobile license plates.—The department of institutions is
hereby authorized and empowered to manufacture automobile number plates
and kindred 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 PRISONERS
CODE, 1932
S e c t io n 2769. Highways.— A ll persons confined in cou n ty ja ils o r w ork
houses, either u nder sentence o f cou rt f o r crim es or im prisoned f o r nonpay
m ent o f fines and costs shall be a va ila b le to the com m issioner f o r th e pu rpose
o f w ork in g them on the p u b lic h ighw ays. * * *
S e c . 2814. Road work.—The judge or chairman of the county court, the
county court clerk, and the sheriff of each county are constituted a board for
their respective counties, whose duty it is to enter into contracts with public
road commissioners or other officers or road contractors having the superin
tendence of working the public roads for the employment on the public roads
of prisoners confined in the county jails for the nonpayment of fines and/or
costs adjudged against them by the courts.
Sec. 2817. Hours of labor.—Said prisoners shall be worked on any of the
public roads of the county and the same number of hours of labor per day as
is required by the public road laws shall constitute a day’s work and said
prisoners shall be allowed $1 for each day’s work which amount shall be
credited to his fine and costs.
S ec. 11999. Municipal workhouses.—T h e a u th orities o f a n y in corporated
tow n m ay p rovid e such lands, buildin gs, and a rticles o f any k in d as m ay be
n ecessary f o r a w orkh ou se or h ouse o f correction fo r such t o w n ; and m ay
appoint su itable person s fo r the m anagem ent th ereof, and m ake all n ecessary
b yla w s and regu la tion s f o r th e governm ent o f the inm ates, and cause the
sam e to be en forced .
S ec . 12004. County workhouse.— T h e cou n ty cou rt o f a n y cou n ty m ay,
through its q u a rterly cou rt, p rovid e such lands, buildings, and a rticle s o f any
k in d as m a y be n ecessary f o r a w ork h ou se fo r such cou nty.
S e c s . 12009-12011. Portable workhouses.— [Counties are authorized to estab
lish portable workhouses for use of prisoners working upon the public highways.]
S e c . 12016. Employment.—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 . 12037. Contracts with other counties.—Any county 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 PRISONERS
CONSTITUTION
A rticle
XVI
S e c t i o 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.
112
LAWS RELATING TO PRISON LABOR
STATE PRISONERS
ACTS OF 1927
C hapter
212
S ection 2. Contract system forbidden.—It shall be the policy of this State
in the operation and management of the prison system to so manage and
conduct the same in that manner as will be consistent with the operation
of a modern prison system, and with the view of making the system selfsustaining; and that those convicted of violating the law and sentenced to
a term in the State penitentiary shall have humane treatment and be given
opportunity, encouragement and training in the matter of reformation. All
prisoners shall be worked within the prison walls and upon farms owned or
leased by the State; and in no event shall the labor of a prison be sold to any
contractor or lessee to work on farms, or elsewhere nor shall any prisoner be
worked on any farm or otherwise upon shares, except such farm be owned
or leased by the State of Texas.
S ec. 3. Prison board created.—There is hereby created the Texas Prison
Board which shall be composed of nine members to be appointed by the Gov
ernor with the advice and consent of the senate, such appointments shall be
made biannually or on or before February 15. * * *
S ec . 8. Powers of board.—The Texas Prison Board together with the manager
hereinafter provided for shall be vested with the exclusive management and
control of the prison system, and all properties belonging thereto subject only
to the limitations of this act and shall be responsible for the management
of the affairs of the prison system and for the proper care, treatment, feeding,
clothing, and management of the prisoners confined therein.
S ec . 16. Sale of products; leasing farm.—The board shall have power to
authorize the manager to sell and dispose of all products of all farms and
industries connected with the prison system and all personal and movable
property at such prices and on such terms and render such rules as it may
deem best and adopt; and it may lease any real estate for agricultural or
grazing purposes or lease other fixed property and appurtenances belonging
thereto upon such terms as it may deem advantageous to the interests of the
prison system.
S ec . 22. Female prisoners.—All female prisoners shall be kept separate and
apart from the male prisoners. Where practicable, the manager shall keep
the female prisoners upon a separate farm or at a separate prison from the
male prisoners and shall provide reasonable rules and regulations for the
government of same.
S ec . 25 (as amended 1929, ch. 229). Employment.—Prisoners shall be kept
at work under such rules and regulations as may be adopted by the manager
with the board’s approval: Provided, That no prisoner shall be required to
work more than 10 hours per day except on work necessary and essential to
efficient organization of convict forces, which time shall include the time
spent in going to and returning from their work but not to include the inter
mission for dinner, which shall not be less than 1 hour, and in cases of such
necessity and essential overtime work, said prisoners shall receive a deduc
tion of time equal to double the hours so worked from the term or terms of
sentence. This “ necessary and essential work ” shall be subject to the recom
mendation by the general manager to the prison board and shall become
effective only after approval by said board. Sunday work on jobs approved
by the prison board shall be considered as “ necessary and essential
work.” * * * No prisoner upon his admission to the prison shall be as
signed to any labor until first having been examined by the prison physician.
Any officer or employee violating any provision of this section shall be dis
missed from the service.
C h a pter 251
Prison-made products to be marked.— [No prison-made goods shall be
shipped in intrastate commerce and no action can be brought to enforce
collection of money due on a contract for the sale of such goods unless at the
time of the sale of such goods there is attached to the article or goods sold
A label containing the words “ prison-made merchandise.” ]
113
TEXT OF LAWS, 1933
ACTS OF 1933
C h apter
178
Automobile license plates.— [License number plates issued for motor vehicles
shall be manufactured at the State penitentiary at Huntsville, Tex. The State
penitentiary shall also manufacture all road signs needed by the State high
way commission. Act amends section 13, of chapter 88, second called session
(1929), relating to the issuance of license number plates.]
COUNTY AND MUNICIPAL PRISONERS
REVISED CIVIL STATUTES, 1925
S e c t io n
1015. Powers of city council.—The governing body shall also have
power:
*
*
*
*
*
*
*
(19) To erect and establish one or more workhouses or houses of correction
within or without the city limits, make all necessary rules and regulations
therefor, and appoint all necessary keepers or assistants. In such workhouse
or house of correction may be confined all vagrants and disorderly persons,
who may be committed by the mayor or recorder and any person who shall
fail or refuse to pay the fine or costs imposed for any offense may, instead of
being committed to jail, be kept therein.
UTAH
STATE AND COUNTY PRISONERS
CONSTITUTION
A rticle
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
COMPILED LAWS, 1917
S e c t i o n 3666. Hours.—Eight hours shall constitute a day’s work in all penal
institutions in this State, whether State, county, or municipal * * *.
Sec. 5508. Labor on highways.—Convict labor may be utilized in providing
material for constructing roads and 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.
S e c . 5510. Hours of labor.—* * * No supervisor shall cause or permit any
person under his direction to be employed for more than 8 hours of any day.
S e c . 5514. Bridges and culverts.—All 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 PRISONERS
COMPILED LAWS, 1917
S e c t i o 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:
*
*
*
*
*
*
*
4. To use every proper means to furnish employment to prisoners most bene
ficial to the State and best suited to their several capacities;
114
LAWS RELATING TO PRISON LABOR
5. To superintend 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;
*
*
*
*
*
*
*
S e c . 5472. Labor on buildmgs.—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.
S e o . 5475. Industries.—It shall be the duty of the prison board to meet at
least once in 6 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. No contract shall be made
for the labor of prisoners confined in the State prison, but they shall be em
ployed 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 insti
tutions, as far as practicable; and the State institution shall pay to the prison
the market price of all articles furnished.
Seic. 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,
reservoirs, and feeders, for irrigating and domestic purposes, and for that pur
pose may use convict labor of persons confined, or that may be confined, as
convicts in the State prison.
Sec. 5478. Earnings.— [Unmarried prisoners receive not to exceed 10 percent
of their net earnings, payable on discharge. Married prisoners with dependent
families resident in the State receive not to exceed 25 percent, to be given the
family; if without such families, the same as unmarried prisoners.]
S e c . 5481. Hours of lafior, etc.—All 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 8 hours a day,
Sundays and holidays excepted, unless incapable of laboring by reason of sick
ness or other infirmity.
COUNTY PRISONERS
COMPILED LAWS, 1917
S e c t i o 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 mis
demeanor, under the direction of seme responsible person, upon public grounds,
roads, streets, alleys, highways, or public buildings, for the benefit of the
county, when, under such judgment of conviction, or existing laws, said pris
oners are liable to labor.
VERMONT
STATE AND COUNTY PRISONERS
CONSTITUTION
C hapter
II
S e c t i o 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.
TEXT OF LAWS, 1933
115
STATE PRISONERS
GENERAL LAWS, 1917
S e c t i o n 7136. Leasing.—Said director [of State institutions] may contract,
for not exceeding 5 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
superintendents, 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 manufacturing business as a financial enterprise, separate from the State
prison and house of correction. Said director may sell any and all articles so
manufactured * * *.
S e c . 7137. Employment outside walls.— S a i d d i r e c t o r m a y d e s i g n a t e p r i s o n e r s
c o n f in e d i n t h e S t a t e p r i s o n o r h o u s e o f c o r r e c t i o n , w h o m a y b e e m p l o y e d in
t h e s e r v ic e o f s u c h in s tit u t io n s r e s p e c t iv e ly , o u t s id e t h e w a lls t h e r e o f.
S e c . 7138. Same.—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 institu
tion, * * *.
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 e c . 7168. Employment.—The director of State institutions shall cause per
sons 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 e c . 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, * * *.
COUNTY PRISONERS
GENERAL LAWS, 1917
S e c t i o n 7258. Labor may be required.—A male person imprisoned under
sentence in a county jail may be required by the sheriff of the county to per
form not more than 10 hours of manual labor, within or without the walls of
such county jail, each day of such imprisonment, except on Sundays and legal
holidays.
S e c . 7259. Employment.— * * * gaid sheriff may require and compel
able-bodied prisoners so confined upon conviction for crime to work in the im
provement of the public highways, within a radius of 30 miles from such jail
and outside of a city or incorporated village. * * *
VIRGINIA1
8
STATE AND COUNTY PRISONERS
CODE, 1919
S e c t i o 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 such number of the State convict road
force as he may deem necessary, under the plans and specifications agreed upon
as foresaid, 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, ♦ * *.
u Section 2073 (p. 116) amended in 1933, but text received too late for inclusion here,
See p. 146 for amended section.
116
LAWS RELATING TO PRISON LABOR
Sec. 2073 (as amended 1924, ch. 88). Road force; articles for State use.—All
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 may 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 2075 and 2096, constitute the State
convict road force. But such convicts as the State prison board and the super
intendent 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 by the State prison board in work
for the State at the penitentiary, at the State penitentiary farm, at the State
lime-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 m
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 by the State departments and institutions, may be disposed of by 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 of
Virginia, or as the State prison board, with the approval of the Governor, may
deem to be to the best interests of the State. * * *
S e c . 2074. Notice as to needs of force.—It shall be the duty of the superin
tendent of the penitentiary, when in his judgment there is or there is not need
of members of the State convict road force, to inform in writing any or all of
the judges of the courts of this State, having original jurisdiction of felony
trials, of such need or sufficiency.
Seo. 2075 (as amended 1926, ch. 65; 1928, ch. 487). Prisoners to be fur
nished.—Upon written request of the superintendent of the penitentiary or of
the board of supervisors of any county or the supervisor of any magisterial
district, the judge of the circuit court of any county or the judge of the cor
poration court of any city shall, * * * order any male prisoners * * *
to be delivered by the jailor of such county or city, to or upon the order of the
superintendent of the penitentiary to work in the State convict road force, and
in case of the request of the board of supervisors of a county or the supervisor
of a magisterial district, mayor or council of any city or town to be delivered
by the jailor of such county or city, to or upon the order of the said board of
supervisors of said county or of the said supervisor of said magisterial district,
to work under the direction of the county road superintendent or road super
visor for said magisterial district, or of such person or persons with whom said
county or said magisterial district may have a lawful contract or contracts;
♦ * *. No one so confined who is under the age of 18 years shall be so de
livered, 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, town, or county ordinances
or sentenced to jail for not more than 30 days for offenses against the Common
wealth or if for more than 30 days pending their delivery as members of the
State convict road force, shall be liable primarily to work on chain gangs or
public works within such cities, towns, or counties at the request of the proper
authorities thereof. Any persons 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. * * *
Seo. 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 required, * * *.
Sec. 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
TEXT OF LAWS, 19 33
117
a like period on the public roads, and cause him 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
public roads.
S e c . 2096-b (added 1932, ch. 145). Public works.—The State prison board
is authorized to establish additional convict camps and to enter into agreements
with the proper authorities of any county, town, or city in the State, or with
any department of the State government to build and maintain roads and
streets and to do such other public works as may be approved by the State
prison board and the Governor: Provided, Nothing in this section shall interfere
with the State convict road force camps employed on the State highway system.
*
*
*
ACTS OF 1918
C hapter
9 (as amended 1924, ch. 43)
S e c t i o n 1. State highways.—The State convict road force as now or here
after constituted shall, so far as practicable, be employed in the construction
and maintenance 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 comtiets.—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.—All convicts in the State convict road force who are,
in the judgment of the chairman of the State highway commission, not needed
for work on the State highway system, or in the preparation of materials for
construction and maintenance, shall be used in accordance with the provisions
of * * * [secs. 2073-2093].
STATE PRISONERS
CODE 1919
S e c t i o n 1267. Lime, etc.—Whenever the [convict lime] board shall be o f
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 by law shall be put to work in quarrying, getting out, and grind
ing 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, suit
able deposits of oyster shell o r marl convenient to transportation by rail or
water, and shall cause the Same to be manufactured, * * *.
Whenever practicable, convicts shall be used for all the work of the plant.
S e c . 1268. Sale.— * * * The said ground limestone, ground oyster shells,
and marl, so produced by convict labor shall be sold for cash, and at a price
which shall repay the State for the maintenance, guarding, and services of the
convicts, for the interest on the amount invested in machinery, 10 per centum
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. * * *
Sec. 4993. Work of penitentiary.— * * *. The superintendent shall have
custody of the property of the penitentiary, * * ♦. He 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 enclosure any necessary thing to or from the said city.
S ec . 5007. Employment adjusted.—B e fo re a n y m ale prison er sh a ll b e perm it
ted to la b o r in the shops, o r elsew here ou t o f his room , h e sh a ll m ake a n d
subscribe such p rom ise o f obedien ce and fidelity to the ru les and ord ers o f the
118
LAWS RELATIKG TO PRISOtf LABOR
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 ob
stinate and for those of disordered mind, or who, for any cause, are unfit
to be congregated in the shops. * * *
S e c . 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.
Sec. 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.—He 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 Army of Northern
Virginia in said cemeteries.
ACTS OF 1918
C hapter
301
S e c t i o n 1 (as amended 1928, ch. 153). 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 camps 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; which 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.
ACTS OF 1932
C hapter
133
S e c t i o n 1. Manufacture of license plates discontinued.— [The 1928 law (ch.
511) authorizing the manufacture of motor vehicle license plates, roads signs,
etc., in the State penitentiary is repealed.]
S e c . 2. Equipment.—All equipment purchased by the board of directors of
the State penitentiary for the manufacture of motor vehicle license plates,
road signs, and other articles under the provisions of the act hereby repealed,
shall remain in the possession of, and under the control of the board of direc
tors of the penitentiary, used by such board for the manufacture of license
plates, markers, and other kindred articles under the provisions of section 2073
of the Code of Virginia.
MUNICIPAL PRISONERS
CODE, 1919
S e c t i o n 3061 (as amended 1926, ch. 426). Work on streets, etc.—The council
of such city or town of the Commonwealth of Virginia may establish chain
gangs in such city or town under such regulations as the council of said city
or town may prescribe for the purpose of working on the streets, roads, and
public property therein, farms owned or leased by such city or town, and of
working in or on any other public property or works owned, leased, or op
erated by such city or town, whether the same be located within such city or
town or in the county where such city or town is situated. Every male person
above the age of 18 years who is convicted for any violation of an ordinance
of any such city or town which by such ordinance is punishable by confinement
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 reforma
tories of the State. * * *
TEXT OF LAWS, 1933
119
WASHINGTON
STATE PRISONERS
CONSTITUTION
A rticle
II
Section 29. Contracts prohibited.—After the first day of January 1890 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 pro
vide for the working of convicts for the benefit of the State.
REMINGTON’S REVISED STATUTES, 1931
Section 5847-1 (as amended 1933, ch. 178). Sale of convict-made goods.—The
selling, offering, keeping, exposing, or displaying for sale on the open market
within this State of any goods, wares or merchandise manufactured, produced
or mined, wholly or in part, by convicts or prisoners, except convicts or prisoners
on parole or probation, is hereby prohibited.
No goods, wares or merchandise, manufactured, produced or mined, in whole
or in part, by convicts or prisoners of other States, except convicts or prisoners
on parole or probation, shall be shipped into this State to be sold on the open
market in this State, or sold to or exchanged with an institution of this State
or any of its political subdivisions: Provided, This act shall not prohibit the
sale to or exchange between penal, reformatory or custodial institutions and/or
departments of this State, including any of its political subdivisions, for use
or consumption by said institutions, of goods, wares, or merchandise manu
factured, produced or mined, in whole or in part, by convicts or prisoners of
the State of Washington: And provided further, This act shall not apply to
commodities manufactured by Federal, penal, or correctional institutions for
use by the Federal Government, and/or goods displayed or sold within any of
the penal reformatory or custodial institutions of the State for the benefit of
the inmates thereof.
Sec. 5847-2 (as amended 1933, ch. 178). Penalty.—Any person, firm, or cor
poration who shall violate any of the provisions of this act shall be guilty of a
misdemeanor and upon conviction shall be punished by a fine of not less than
$50 nor more than $500 or by imprisonment in the county jail for not less than
30 days nor more than 6 months, or by both such fine and imprisonment.
[See p. 145, appendix, for secs. 3 and 4 of ch. 178, Acts of 1933.]
S e c t i o n 6855. Quarries.—Whenever under the provisions of this chapter any
site and quarry is procured, the State highway commissioner1 shall take pos
4
session thereof, and may forthwith erect and construct at and upon the same
such stockades, buildings, and structures as may be necessary, suitable, and ade
quate for the safe confinement and comfortable housing of such convicts as may
from time to time be confined or worked therein, and may likewise purchase and
install therein, such suitable and proper rock-crushing plants, machinery, ap
pliances, 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.
Sec. 6856. 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 superintendent of the penitentiary,
and with his permission and that of the State board of control,1 in charge of
5
such other persons in the employ of the State as the board of control shall di
rect, 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
Walla Walla.
Sec. 6857. Regulations.—All convicts maintained 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 continuously (except Sundays and legal holidays)
u State highway commission abolished, see Rem. Rev. Stats. 1931, sec. 10893; duties
devolve upon State highway engineer, see Rem. Rev. Stats., 1931, sec. 10939-2.
“ Board of control abolished, see Rem. Rev. Stats., 1931, sec. 10893; duties devolve
upon director of business control, see Rem. Rev. Stats., 1931, sec. 10974.
120
LAWS RELATING TO PRISON LABOR
in the quarrying, crushing, preparation, and handling of rock or other mate*
rials for roads or streets. All rocks 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 com
missioner disposed of at not less than 10 percent 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 application therefor, excepting in cases where
the demands of such counties, cities, or towns may be in excess of the supply, in
which case the State highway commissioner shall apportion, deliver, and dis
tribute 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 State roads, or State-aid roads,
or for disposition to the counties, cities, and towns as herein provided, then the
same may be disposed of by the State highway commissioner, at such prices, not
less than the cost of production, as said commissioner may deem most advan
tageous for the State, giving prior right of purchase to citizens of the State of
Washington before applicants from another State. * * *
S e c . 10221. Manufacture and sale of articles.—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 \he
State or the manufacture of any article or articles for the State or the manu
facture of which is sanctioned by law. At Walla Walla, at the State peni
tentiary, no articles shall be manufactured 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 by the State, for cash,
at private sale, in such manner as provided by law.
Sec. 10223-1. Labor of prisoners.—Every prisoner in the Washington State
Penitentiary shall be required to work in such manner as may be prescribed
by the director of business control: Provided, That prisoners shall not be
employed in what is known as the contract system of prison labor.
S ec . 10223-2. Powers of director.—The director of business control shall
have power to make rules and regulations for the discipline, employment,
instruction, education, and compensation of prisoners in the Washington State
Penitentiary.
S e c . 10223-3. Credit for work.—Where a prisoner is employed at any occu
pation for which pay is allowed or permitted, or at any gainful occupation
from which the State derives an income, the director of business control is
authorized to credit the prisoner with such amount of his earnings as the
director may deem just and equitable, but in no case more than 20 percent
of his earnings shall be paid to him or his family. Upon release, or discharge,
from the penitentiary, an additional sum, not exceeding 25 perccnt of the
moneys thus earned, may be paid to the person discharged or released.
Sec. 10257. Manufacture of jute fabrics; brick.—In the 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.
Seo. 10261. Purchase of jute.—The State board of control is authorized and
empowered to purchase jute and other products and fabrics 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.
Seo. 10262. Sale of produce.—The jute grain sacks and other fabrics and
products manufactured at the State penitentiary shall be sold directly to the
farmers, oyster growers, or wool growers of the State of Washington, who are
actually engaged in farming, oyster culture, and wool growing, and no sacks
shall be sold within the State of Washington to any person not engaged in
farming, or oyster culture, and wool growing: Provided, however, That the
State board of control may, between June 1 and January 1 of each year,
dispose of any of the penitentiary products, including grain sacks, in the open
market of the world at such prices as they shall deem to be for the best
interests of the State * * ♦. The products of the penitentiary shall be
TEXT OF LAWS, 1933
121
apportioned and sold to the individual farmers, oyster growers, and wool
growers within each county as near as may be pro rata according to the
quantities of grain, oysters, and wool produced by said farmers, oyster growers,
and wool growers during the current year, as determined by the State board
of control. * * *
Sec. 10264. Prices.—The price at which all grain sacks manufactured at
the penitentiary shall be offered for sale shall be fixed by the State board
of control at such time in each year as the board shall consider proper, which
price shall not exceed the estimated cost of manufacturing thereof plus a profit
of 12^ percent on said estimated cost; * * *.
Seo. 10271. Breaking stones.—All 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 per
sons in the employ of the State as the State board of control shall 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.
Seo. 10273. Sale of material.—Said State board of control shall have au
thority to sell and dispose of such crushed rock or other materials for roads
and streets in such manner and for such price as they shall deem most
advantageous for the State.
Seo. 10275. Use of brick.—The State board of control is hereby authorized
in its discretion, to use brick manufactured at the State penitentiary for the
enlargement, or the construction of any buildings used in connection with
the State penitentiary.
Sec. 10276. Employment on State roads.—All convicts confined and not other
wise employed shall be employed under authority of the State board of control
in charge of the superintendent of the penitentiary or of such other persons
in the employ of the State as the State board of control shall direct, in the
building of State roads in this State. * * * The places where and the
manner in which work shall be performed upon State roads by such convicts
shall be designated by the State highway board.
Sec. 10277. Labor on highways.—Whenever there are persons confined in
the State penitentiary who are physically able to perform manual labor upon
the public highways, and who shall not be engaged in other work required
by the State board of control, the same may be employed upon the construction
and improvement of the public highways within the State.
Sec. 10278. Same.—The board of control shall 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
commissioner shall, whenever possible, use such persons in the building or
repair of public roads.
Sec. 10280-7. Labor in State reformatory.—Every prisoner in the reforma
tory shall be required to work in such manner as may be prescribed by the
director of business control: Provided, That prisoners shall not be employed
in what is known as the contract system of prison labor.
Seo. 10280-9. Credits.—Where a prisoner is employed at any occupation for
which pay is allowed or permitted, or at any gainful occupation from which
the State derives an income, the director of business control is authorized
to credit the prisoner with such amount of his earnings as the director may
deem just and equitable, but in no case more than 20 percent of his earnings
shall be paid to him or his family. Upon release or discharge from the re
formatory an additional 25 percent of the moneys thus earned shall be paid
to the person discharged or released.
Sec. 10298-7. Labor in reformatory for women.— [Same provision as sec.
10280-7.]
Sec. 10298-9. Credits allowed in reformatory for women.— [Same provision
as sec. 10280-9.]
COUNTY AND MUNICIPAL PRISONERS
REMINGTON’S REVISED STATUTES, 1931
Section 2279. Sheriff to employ.—The sheriff of each county shall employ
all 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.
122
LAWS RELATING TO PRIS02ST LABOR
Sec. 10189. Hours 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 8 hours’
labor upon the streets, public buildings, and grounds of such city, * * *.
Sec. 10190. Labor required.—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 8 hours each day of such term in and
about the county buildings, public roads, streets, and grounds: * * *.
Sec. 10206. Employments.—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
acquirement, erection, ownership, control, and maintenance of any jail, work
house, workshop, stockade, or other place of detention and confinement within
the limits of any such county and for the care, keep, custody, control, confine
ment, and employment of the city, town, or county prisoners heretofore or
hereafter convicted of offenses against the laws of the State or of the ordi
nances 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 confinement so provided by such county, city or
town, or which may be so jointly provided 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 employ persons so 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.
WEST VIRGINIA
STATE PRISONERS
CODE, 1931
C hapter
17, A rticle 5
Section 1. Road force.-—All convicts confined in the 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.”
S ec. 2. Employments.—The State convict road force as now or hereafter con
stituted, shall, as far as practicable, except as 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
quarries, gravel pits, sand banks, crushers, brick kilns, and other plants and
places, in the acquisition and manufacture of materials to be ilsed in the
construction, maintenance, or repair of State roads, under the same rules and
regulations as are provided herein for working such force on the State roads
or highways.
The commission may, with such convict road force, construct, reconstruct,
improve, or repair any State road to any extent without first offering to con
tract the same.
Sec. 3. Place of employment.—Convicts may be employed by the commission
at any place within the State under the regulations herein prescribed. The
board of control, with the advice and assistance of the warden of the peni
tentiary, shall determine what prisoners therein confined may, with safety and
convenience, be assigned to such work, selecting preferably such prisoners as
are believed to be most trustworthy. Whenever the commission shall desire
to use such prison labor for the construction, maintenance, improvement, or
repair on any State road or highway in this State, or any part thereof, or for
the preparation or manufacture of road materials for road construction and
maintenance, it shall make requisition upon the State board of control to send
convicts to the place or places where they are desired to be worked upon such
road. * * *
Sec. 4. Contract for employment.—Whenever any such application shall be
granted by the board of control, a contract in writing based thereon shall be
entered into between the board of control and the commission.
Sec. 5. Work time; earnings.— * * * All guards and prisoners shall
be under the direction of the State road commission, or its engineer in charge
TEXT OF LAWS, 1933
123
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 commission for such prisoner’s labor. * * *
Seo. 8. Contracts for road work.—Only such contracts shall be renewed or
new contracts made, between the State and individuals for the employment of
convicts confined in the State penitentiary as may be necessary to employ all
convicts not otherwise employed under the provisions of this article: Provided,
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
preparation or manufacture of materials therefor, the board of control may,
with the consent in writing of the State road commission, grant an application
by any of the county courts of this State for the use of such convicts 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 article governing
their use by the State road commission.
C hapter
28,
A
r t ic l e
5
Section 2. Board of control.—The board of control shall have general con
trol of the penitentiary, and shall direct all needed improvements and repairs
and all manufacturing operations carried on therein, and shall make such rules
and regulations as it may deem best as to the treatment of the convicts, their
discipline, punishment, diet, clothing, social intercourse, the kind and amount
of labor required each day, the trades and mechanic arts to be taught, the
manner and duration of solitary confinement and other punishments and the
conditions when and on which persons may visit the interior of the build
ing. * * *
Seo. 9. Hiring out corwiets, roads.—The State board of control in accordance
with proper rules and regulations to be made by said board, may hire any
or all convicts confined in the penitentiary at Moundsville to the State road
commission, the county court of any county, or to contractors engaged in the
construction of roads in this State, for work on such roads and/or in the
preparation or manufacture of materials therefor in the manner prescribed
in chapter 17 of this code. While so employed such convicts shall be subject
to the rules and regulations of the penitentiary and to the rules and regula
tions governing the prison camps to which they may be assigned. All con
tracts for the labor of such convicts, before becoming final and binding, shall
have the approval of the Governor.
Convicts of both sexes not so employed may be employed by the warden
under the direction of the State board of control in the manufacture and repair
of articles used by the State in conducting the penitentiary, or articles used
by any other State institutions, or such other articles as the board of control
may designate, and for such work the board of control may allow to the con
victs such compensation as it may deem just.
Sec. 10. Domestic service.—A sufficient number of convicts may be hired by
the warden as domestics, on terms to be agreed upon between him and the
board of control.
Seo. 11. State use; piece-price system.—In order to provide employment for
convicts not employed as provided in the two preceding sections, the State
board of control may let and hire the labor of such convicts on the piece-price
system or otherwise, in such branches of business and for the manufacture
of such articles as in its judgment will best accomplish the ends and subserve
the interests of the State. Such letting and hiring shall be advertised by the
board of control in at least 2 newspapers published and of general circula
tion in the State, once a week for 4 successive weeks, and in such other
manner as said board may determine. The advertisement shall specify the
number of convicts to be let, the length of time of the hiring or letting, which
shall not exceed 5 years, the last day, at 12 o’clock meridian on which bids
will be received and such other information as the board may desire. The
board may in its discretion designate what articles or class of articles shall
be manufactured.
Sec. 20. Hours of labor.—The convicts shall labor for the contractors not
to exceed 9 hours a day during the year, Sundays and legal holidays excepted*
4705°—33----- 9
124
LAWS RELATING TO PRISON LABOR
ACTS OF 1933
C h a pter 4
S ection 1. Auto license plates.—For the purpose of obtaining license plates
to be used upon motor vehicles licensed for operation in this State and road
signs or markers of any description for State roads, the State road commis
sion is hereby authorized and empowered on behalf of the State, to establish
and operate a plant for the manufacture of such license plates and road signs
or markers at the West Virginia penitentiary, at Moundsville, W.Va.
S ec . 2. Prison labor; equipment.—It shall be the duty of the State board of
control to provide for said purpose a sufficient number of suitable convicts, con
fined in the penitentiary of this State, which it shall furnish to the State road
commission for the purpose of manufacturing such license plates for motor
vehicles and road signs or markers, and, in addition thereto, the State board
of control shall provide a suitable building within the enclosure of the peni
tentiary, in which such license plates and road signs or markers shall be
manufactured and when said convicts have been assigned to the State road
commission and the building is ready for the manufacture of such license
plates and road signs or markers, it shall be the duty of the State road com
mission to provide the equipment and materials necessary therefor.
S ec . 3. State road commission.— [A ct m akes it u n la w fu l to pu rch a se o r
ob ta in licen se plates, etc., a t any pla ce oth er th an pen iten tiary.]
COUNTY PRISONERS
CODE, 1931
C h a p te r
17, A r t i c l e 15
S ection 1. Road work.— W h enever any able-bodied m ale person over th e a ge
o f 16 yea rs shall be con victed o f an offense punishable w ith confinem ent in the
cou n ty ja il, b efore any cou rt or ju s tice o f the peace, and sentenced b y such
co u rt o r ju s tice to im prison m en t in the cou n ty ja il and to p a y a fine a n d costs,
he shall be sentenced b y such cou rt or ju s tice o f th e peace to la b or on the
cou n ty-d istrict roads o f th e cou nty or to la b or in qu arries or elsew here in the
prepa ra tion o f m aterials fo r cou n ty-d istrict roads, o r both, under th e direction
o f th e cou n ty roa d engineer, or oth er represen tative o f the cou n ty co u rt h avin g
such w o rk in charge, * * *.
S ec . 3. Regulations regarding county convicts.— T h e cou n ty cou rt o f each
cou n ty shall provid e fo r the w ork in g o f such p rison ers and fo r th eir sa fe
k eepin g w hile p erform in g such w ork, and to this end the b ord er lin es o f each
cou n ty shall con stitu te and be con sidered the w alls o f the ja il o f such cou nty,
and the cou n ty en gineer o r oth er rep resen tative o f the cou nty cou rt h avin g
such w ork in ch arge shall be and h e is h ereby em pow ered to adopt s a fe and
h um ane m ethods o f disciplin e and p rotection to e n fo rce the provision s o f this
a rticle and prevent th e escape o f th e p r is o n e r s : Provided, T h a t it sh a ll be la w
fu l fo r a n y cou n ty cou rt to em p loy the prison ers o f such cou n ty ou tsid e the
cou n ty w h ere th ey w ere con victed or im prison ed upon th e sam e term s and
con ditions, a n d under the sam e rules and regu lation s as govern th eir em p loy
m en t w ith in th e cou n ty w h ere th ey w ere con victed.
MUNICIPAL PRISONERS
CODE, 1931
C hapter 62, A rticle 4
S ection 16. Work on streets.— W h en ever any person sh all be con victed fo r
any v iola tion o f ord in an ces o r la w s o f any in corpora ted city, tow n , o r village,
and shall b e confined in th e cou n ty ja il, o r p la ce o f confinem ent a dop ted and
set a p a rt by the cou n cil o f such city, tow n, or v illa g e in lieu o f the cou n ty ja il
as a prison house, w hether such person be im prison ed f o r fa ilu re t o p a y any
fine a d ju d ge d again st him o r under sentence o f a m ayor, p olice ju dg e, or
cou rt, h e m a y be ord ered b y such m ayor, p olice ju d g e, or cou rt to w o rk on th e
p u b lic streets and alleys o f such city, tow n o r v illa g e under th e d irection o f
th e m a rsh a l o r sergean t o f such city, tow n, or village. * * *
TEXT OF LAWS, 1933
125
WISCONSIN
STATE PRISONERS
STATUTES, 1931
S e c t i o n 53.09. Labor 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. * * *
Seo. 53.12. Earnings.— [The board of control may provide for the payment
to convicts of such earnings as it may deem proper.]
Sec. 56.01. Employment.— (1) The State board of control may establish 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, including motorvehicle-license plates and highway signs and markers, and for sale, by contract
or otherwise, to other States or political subdivisions thereof or to the Urfited
States Government or in the open market; and shall fix the price of all articles
produced as near the market price as possible: Provided, That no monumental
article shall be manufactured and sold in the open market. In fixing the price
of motor-vehicle-license plates and highway signs and markers to the State
of Wisconsin or any subdivision thereof the value of labor of each prisoner
employed at such work shall be calculated at the rate of $1.75 per day, of
which 25 cents may be allowed as pay to the prisoner so employed or as a
benefit to his dependents.
(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
issued by the said board; and any official who shall violate or participate in
the violation of this subsection shall forfeit not to exceed $100 for each such
violation; but any party aggrieved by a refusal of such permit may appeal to
the Governor, who may order the granting of such permit, and such order shall
be final and conclusive.
*
*
*
*
*
*
*
Seo. 56.02. Binder twine.— (1) The board of control shall, at a cost not ex
ceeding the sums appropriated therefor, purchase, erect, and maintain at the
State prison the necessary buildings, machinery, and equipment for the manu
facture 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 per
formance 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
shall be fixed from time to time by the board of control and the warden of the
State prison. The product of said plant shall be sold at such times 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.
Sec. 56.03. Prison farm; construction of public buildmgs.—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 institu
tion ; and also away from the prison grounds in the construction of buildings
being erected by the State. In all such cases the warden shall detail such force
126
LAWS RELATING TO PRISON LABOR
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.
Seo. 56.04. Highways.— (1) The board of control may employ inmates of
the State prison in the construction and improvement of such roads and high
ways as the said board and the State highway commission may determine, in
such manner and under such terms as may be agreed upon.
(2) The board may purchase or lease such tools and machinery as said
board and the State highway commission deem necessary for the purpose of
carrying out the provisions of this section.
S eo. 56.05. Prison farms.— (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.
Seo. 56.06. Leasing.— (1) The State board of control is authorized to lease,
from time to time, 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 5
years at any one time, as it shall deem most conducive to the interests of the
State and the welfare of the prisoners.
*
*
*
*
*
*
*
(3) Every such contract shall reserve to said board and to the warden and
each and every of his subordinates full power and authority to* prevent the
demanding or imposition of unusual or severe labor or labor whereby the health
or safety of the convicts may be impaired or jeopardized; and the said board
may, from time to time, prescribe all needful rules for the government and
conduct of all contractors, their overseers and agents in their relations to the
convicts and may require summary dismissal of any individual employed by
any contractor in said prison whenever it shall appear that the presence or
the conduct of such individual is prejudicial to the discipline of the prison
or the welfare of the convicts.
*
*
*
*
*
*
*
(5) The State board of control may make all needful rules and regulations
for the guidance of the warden in the execution of any contract made by it
and may, whenever in its judgment it is impracticable to furnish the labor
of convicts to any contractor, determine and cancel any contract, and thereupon
after 6 months’ notice to such contractor all obligations to said board under
such contract shall cease and determine and such contractor shall not have
or be entitled to have any compensation whether by way of damages, set-off,
recoupment or otherwise in consequence thereof.
Sec. 56.07. Vocational training.—The State board of control may maintain in
the State reformatory a manual training school and cause the inmates to be
instructed in trades; and may establish and maintain in connection with the
industrial home for women such systems of training and instruction in trades
and domestic science and create such industries as may seem to said board for
the best interests of the inmates of said industrial home.
ACTS OF 1933
C hapter —
[Act adds a new section (65.24) to Stats. 1931.]
1. Repealing clmse.— [Sections 132.13 and 132.14 of Stats. 1931, are
repealed.]
Sec. 2 (65.24). Labeling prison products.— (1) All goods, wares, and merchan
dise made wholly or in part by convict labor in any penitentiary, prison, reforma
tory, or other establishment in which convict labor is employed except convicts
or prisoners on parole or probation shall before being exposed for sale be
branded, labeled, marked, or tagged as herein provided and shall not be ex
posed for sale or sold in this State without such brand, label, mark, or tag.
Such brand, label, mark, or tag shall contain at the head or top thereof the
words “ convict made” followed by the name of the penitentiary, prison, or
Section
TEXT OF LAWS, 19 3 3
127
other establishment in which it was made in plain English lettering of the
style and size known as 18 point Cheltenham bold type capitals. The brand
or mark shall in all cases where the nature of the articles will permit be
placed on each individual article or part of such article that is sold, and only
where such branding or marking is impossible shall a label or tag be used,
and where a label is used it shall be securely pasted onto each such article
and when a tag is used it shall be a paper tag securely fastened to such article
or part of article sold. In addition to the marking of each article or piece
of article sold a similar brand, mark, label, or tag shall be placed upon the
outside or upon its box, crate, or other covering. All brands, labels, marks,
and tags shall be placed on a conspicuous part of such article or part of article
and its container.
(2) It shall be the duty of the industrial commission and of the district
attorneys of the several counties to enforce this section, whenever any com
plaint or other evidence leads them to reasonably believe that this section has
been violated. The district attorney shall upon receipt of such complaint or
other evidence at once institute proper legal proceedings to compel compliance
therewith.
(3) Any person who has in his possession for the purpose of sale or offering
for sale any convict-made goods, wares, or merchandise without the brands,
marks, labels, or tags as required by this section, or who removes or defaces such
brand, mark, label, or tag, or who sells a part of such article without attaching
such brand, mark, label, or tag shall be deemed guilty of a misdemeanor and
upon conviction thereof shall be punished by a fine of not less than $100 nor
more than $500, or by imprisonment in the county jail for a period of not
more than 90 days or by both fine and imprisonment.
COUNTY AND MUNICIPAL PRISONERS
STATUTES, 1931
S e c t i o n 56.08. Labor required.— (1) In any county having no workhouse
any person and in all other counties any female person, convicted of any offense
and sentenced to imprisonment in the county jail shall be committed to hard
labor: Provided, That the court may order the imprisonment or a part thereof
to be in actual and ordinary confinement unless the jail to which the commit
ment is made shall have been declared inadequate or unfit by the State board
of control pursuant to section 46.17. Every such prisoner for such period of
time as he may have been sentenced to hard labor 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 time 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 to perform labor of various kinds, and the ability of the sheriff
to find and furnish various kinds of employment, direct the kind of labor at
which such person shall be employed, and the nature of the care and treatment
he shall receive during such sentence.
*
*
*
*
*
*
*
(5)
The sheriff shall make contracts in writing, subject to the approval of
the court for the employment of all such prisoners if not employed in doing
work for the county and shall make all needful regulations for their profitable
employment and the collection of their earnings. Each such contract shall be
executed in duplicate and a copy thereof shall be filed with the court. For
unreasonably neglecting or refusing to carry out the provisions of this section
the sheriff shall be subject to a fine of not to exceed $100 and for a repetition
of such neglect or refusal he shall in addition to such fihe. be removed from
office.
*
*
*
*
*
*
*
Sec. 56.09. Breaking 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
128
LAWS RELATING TO PRISON LABOR
be physically unable to perform such labor, be employed in breaking rock for
the building and repair of public highways not exceeding 8 hours each day.
(3) The county board shall prescribe all necessary regulations for the main
tenance of such rock and implements at the county jail and for the carrying on
of such labor. All receipts and expenditures pursuant to this section shall be
supervised and controlled by the county board.
Seo. 56.10. Workhouses.—Any county board may * * * establish a work
house and necessary outbuildings, and purchase the furniture and fixtures
requisite therefor, for the detention and employment of prisoners as hereinafter
provided. * * *
Seo. 56.13. Work time; 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 ec. 56.14. Municipal jails.—The common council of any city of the fourth
class, however organized, and every village board shall have power to compel
any person committed to the watchhouse or place of confinement of such city
or village who is not physically disabled to perform labor upon any public
work under such supervision and control as such city or village may provide
and for each day’s labor performed said person so sentenced shall be credited
with the sum of $2 which shall apply on such fine and costs until the same are
paid or until such person is released from custody.
Seo. 56.15. Sundays and holidays.—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.
Sec. 56.16. Houses 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 as hereinafter provided.
*
*
*
*
*
*
*
Sec. 56.18. Municipal, etc., convicts.— (1) Every court, justice, magistrate, or
other officer, in such county or in any village or city therein, authorized to
commit 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 per
son to imprisonment in the State prison for any term not exceeding 5 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 . 56.19. Employment.— (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,
T
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 construc
tion 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.
*
*
*
*
*
*
*
(4) [Earnings may be allowed as provided in section 53.12, above.]
Sec. 56.21. Injured prisoners, compensation.— (1) If an inmate of a State
institution shall in the performance of his work in connection with the main
tenance of such institution, or of any industry maintained therein, be injured
in such a way as to permanently incapacitate such inmate or materially reduce
his earning power, he may, upon his discharge from such institution, be allowed
and paid such compensation therefor as he shall be found entitled to by the
industrial commission. Such loss shall be compensated for on the same basis
as though such injury had been covered by the workmen’s compensation act,
except that the total of the sum paid to any such inmate shall not exceed
$1,000, and such sum may be paid to such inmate in partial payments.
(2) In the case of penal institutions, where injury results from employment
in a prison industry, such payment shall be made from the revolving appropri
ation for the operation of such industry.
TEXT OP LAWS, 1933
129
WYOMING
STATE PRISONERS
REVISED STATUTES, 1931
Section 108-812. State use.—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.
Sec. 108-813. Commission on prison labor.—The State board of charities and
reform and the warden of the State penitentiary of the State of Wyoming
are hereby constituted a commission which shall be known as the State
commission on prison labor with full power and authority to carry into effect
to its fullest extent the provisions of sections 108-812 to 108-820. * * *
Sec. 108-814. Employment.—The said commission shall have the power to
make and adopt rules and regulations governing the employment, conduct,
and management of the prisoners in the State penitentiary and on penitentiary
farms when employed on the work provided for them by the said commission.
It shall direct 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. The
supervision of all such work shall be under such persons as may be selected
by said commission.
Sec. 108-816. Products; disposition.—The said commission on prison labor
is hereby authorized and directed as far as possible to cause to be manu
factured by the convicts at the State penitentiary such articles including
wearing apparel as are needed and used therein and also such articles as are
required by the State, including materials to be used in the erection of build
ings 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. In connection with the establishment and conduct of any such industrial
enterprises at the State penitentiary said commission on prison labor is hereby
authorized to purchase in the open market all necessary materials used in the
manufacturing of products at the State penitentiary and to pay for the same
from time to time out of the fund provided for the support and maintenance
of the State penitentiary. 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 and determined as herein provided, and upon requisition of the
proper officials, and said commission 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 manufactured by convicts within or without the State
penitentiary that are not sold for public use as above provided. All moneys
received by said commission on prison labor from the sale of any and all
products manufactured by or through prison labor or any other proceeds of
convict labor shall be deposited in the State treasury to the credit of the fund
provided for the support and maintenance of the Wyoming State penitentiary
at Rawlins; Provided, however, That no materials furnished for the erection
of buildings shall be in competition with established local industries.
Sec. 108-817. Prices.— [The commission fixes prices for labor and products,
uniform, and as near the usual market price as possible.]
Sec. 108-818. Earnings.— [Not to exceed 10 percent of the earnings of the
penitentiary may be allowed to the prisoners, according to the value of the
work performed, willingness, etc.]
130
LAWS RELATING TO PRISON LABOR
Sec. 108-821. Farms.—The State of Wyoming is hereby authorized to estab
lish, maintain, and operate one or more penitentiary farms as same are needed
and necessary to provide a place of confinement and employment for persons
committed to the Wyoming State Penitentiary.
Sec. 108-825. Prison labor on farms.—All labor performed upon such peni
tentiary farms by prisoners committed to the State penitentiary shall be
done and performed under the rules and regulations prescribed by the State
commission on prison labor.
Sec. 108-911. Wyoming industrial institute.— * * * Inmates of such Wyo
ming industrial institute may be employed in agriculture, horticulture, or
mechanical labor, as a means of their support and reformation and the
board is hereby authorized in its expenditures to provide and install such
machinery and mechanical appliances as may be required for these purposes.
All articles manufactured or produced, or all agricultural products grown by or
through the labor of inmates of such institute not required for use by said in
stitute, may be furnished to the State or for or to any public institution owned,
managed, or 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 or prices as shall be fixed and de
termined as herein provided upon requisition of the proper officials, and the
State board of charities and reform is hereby authorized to sell in the open
market or in such other manner as shall be deemed advisable any or all such
products grown or produced by inmates within or without said industrial
institute that are not sold for public use as above provided. * * *
COUNTY AND MUNICIPAL PRISONERS
REVISED STATUTES, 1931
Section 22-419. Work for city.—Whenever the defendant is sentenced to im
prisonment for the 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 imprison
ment and when committed for the nonpayment of a fine or costs for the viola
tion of any ordinance he shall also be put to work for the benefit of the city and
shall be credited on such fine and costs, $1.50 per day for each day he shall work.
S ec . 33-137. Hard labor.— In cases o f va gra n cy and in cases o f p etit larcen y,
and in all oth er cases in w h ich a ju s tice has ju ris d ictio n to h ear and determ ine
w hen th e p a rty ch arged is fou n d g u ilty it shall be la w fu l fo r the ju s tice to sen
tence such persons con victed to im prison m en t a t h ard labor, or to fine them , or
b o t h ; and in d e fa u lt o f the paym ent o f fine b y such persons con victed, it shall
be the du ty o f the sh eriff o f the prop er cou n ty to set them to w o rk on any
p u b lic im provem ents w hich he m a y deem proper. * * *
Sec. 33-1701. Labor by county prisoners.—Any male person able to work who
is confined in any county jail in this State under a judgment of conviction ren
dered in any criminal case, either under a judgment for imprisonment or a judg
ment for the payment of a fine and costs may be required by an order of the
board of county commissioners of the county in which he is confined to perform
labor on the public works or public ways, or public property in the county or to
perform labor in said county connected with public works, public ways, or
public property.
Sec. 33-1705. Contract system prohibited.—The person or persons in charge
of any penitentiary, penitentiary farms, or reformatory, jail, or other prison in
the State of Wyoming, wherein State convicts are confined, shall not, nor shall
any authority whatsoever, make any contract for the employment of any State
convict in or outside of any of the prisons, penitentiaries, penitentiary farms,
or reformatories in this State, either by the letting of the labor of such convicts
at a fixed price per diem, or by what is known as the “ piece-price plan ” or in
any other manner, whereby the labor of such convicts is let to or controlled by
any outside person or persons.
Sec. 33-1706. Work on highways, 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.
TEXT OP LAWS, 1933
131
UNITED STATES
UNITED STATES CODE OF LAWS, 1920
T it u s 5
Section 367. No postal supplies manufactured by convict labor.—No contract
shall be entered into by the post office department for purchase of material or
supplies to be manufactured by convict labor.
T itle 18
Section 708.1 Hiring out convicts.—It shall not be lawful for any officer,
8
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, 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 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.
Sec. 744.1 Employment of convicts.—The convicts in the United States prisons
7
shall be employed exclusively in the manufacture of such supplies for the
Government as can be manufactured without the use of machinery, and the
prisoners shall not be worked outside the prison inclosure.
Sec. 764.1 Manufacture of prison supplies.-*—
8
Convicts in the Leavenworth
Penitentiary shall be employed only in the manufacture of articles and the pro
duction of supplies for the penitentiary, and in the manufacture of supplies
for the Government. Convicts shall not be worked outside the military
reservation.
Sec. 769.1 Factories.—The Attorney General of the United States is author
6
ized 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 fac
tories shall not be so operated as to abolish any existing Government work
shop and the articles so manufactured shaJl be sold only to the Government of
the United States. The Attorney General is authorized to employ the inmates
of the penitentiary 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
Government departments.
S ec. 770.ie Prices.—Articles so manufactured shall be sold at the current
market prices as determined by the Attorney General or his authorized
agent, * * *.
Seo. 771.1 Earnings.— [The Attorney General may provide for payments to
®
inmates or their dependents in such amount as is deemed proper.]
Seo. 774.1 Disposition of products restricted.—The products of said indus
0
tries shall not be disposed of except as provided in sections 769 to 776 of
this title.
Sec. 775.1 Purchase obligatory upon departments.—It is hereby made obli
6
gatory upon the various departments of the Government to purchase the
products of the business herein authorized to be carried on in the penitentiary
at Leavenworth, Kans., until the supply therein produced is exhausted before
purchasing elsewhere.
Sec. 793.1 Employment of convicts.—Convicts in said penitentiary at At
6
lanta may be employed in the manufacture of articles and the production of
supplies for said penitentiary; in the manufacture of supplies for the Gov
ernment that can be manufactured without the use of machinery; in the
1 In connection with this section see Supplement to the Code, 1925-32, title 18, secs.
9
744a-744h, which contain later legislation relating to the employment of convicts and
repeal inconsistent earlier legislation.
1
7 The provisions of this section have probably been superseded by the legislation
referred to in note 16. “ Moreover it is too broadly stated as it relates only to prisons
provided for in sec. 741 of this title. In connection with this section, see sec. 753b of
this title.” (See U.S.C., Supp. VI, title 18, sec. 744.)
132
LAWS RELATING TO PRISON LABOB
construction, extension, and repairs of buildings and enclosures of the prison,
and in making necessary materials therefor; and in the cultivation and care
of the prison grounds and farm.
Sec. 794.1 Cotton factories, etc.—The Attorney General of the United States
0
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
Departments, 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.
Sec. 795.1 Farms.—The Attorney General is authorized and directed to
6
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. The Attorney General is authorized to em
ploy the inmates of the penitentiary under such regulations as he may pre
scribe in the work of clearing, grading, and cultivation of tracts of land au
thorized to be acquired. The products of any such agricultural 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 ec. 796.1 Sale of produce.—Articles so manufactured shall be sold at the
6
current market prices as determined by the Attorney General or his authorized
agent, and all moneys or reimbursements received from such sales shall be
deposited to the credit of the working capital fund created by section 798 of
this title.
Sec. 797.1 Earnings.— [Inmates or their dependents may receive such earn
*
ings as may be deemed proper.]
Sec. 800.1 Disposition of products.— [Same provisions as are contained in
*
section 774 above.]
UNITED STATES CODE OF LAWS, SUPPLEMENT 1925-32
T itle
18
S ection 744a. Employment.—It shall be the duty of the Attorney General
to provide employment for all physically fit inmates in the United States penal
and correctional institutions in such diversified forms as will reduce to a
minimum competition with private industry or free labor.
Sec. 744b. Highways; public works.—The Attorney General may make avail
able the services of United States prisoners to the heads of the several de
partments under such terms, conditions, and at such rates as may be mutually
agreed upon, for the purpose of constructing or repairing roads the cost of
which is borne exclusively by the United States, clearing, maintaining, and
reforesting public lands; building levees; and for construction or repairing
any other public ways or works which are or may be financed wholly or in
major part by funds appropriated from the Treasury of the United States.
To carry out the purpose of this section the Attorney General may establish,
equip, and maintain camps upon sites selected by him and designate such camps
as a place for confinement of persons convicted of an offense against the laws
of the United States, or transfer thereto any person convicted of any offense
against the laws of the United States. The expenses of transferring and
maintaining prisoners at such camps shall be paid from the appropriation
“ Support of United States prisoners/’ and said appropriation may, in the
discretion of the Attorney General, be reimbursed for such expenses.
Sec. 744c. Industries established.—The Attorney General shall establish such
industries as will produce articles and commodities for consumption in United
States penal and correctional institutions or for sale to the departments and
independent establishments of the Federal Government and not for sale to
the public in competition with private enterprise: Provided, That any industry
ieIn connection with this section see Supplement to the Code, 1925-32, title 18, secs.
744a-744h, which contain later legislation relating to the employment of convicts and
repeal inconsistent earlier legislation.
TEXT OF LAWS, 193 3
133
established under authority of this section be so operated as not to curtail the
production within its present limits, of any existing arsenal, navy yard, or
other Government workshop. In establishing said industries the Attorney
General shall provide such forms of employment in the Federal penal and
correctional institutions as will give the inmates a maximum opportunity
to acquire a knowledge and skill in trades and occupations which will provide
them with a means of earning a livelihood upon release. The industries to be
established by the Attorney General under authority of this section may be
either within the precincts of any penal or correctional institution or in any
convenient locality where an existing property may be obtained by lease,
purchase, or otherwise.
Sec. 744g. Purchase of produce by Federal departments.—The several Federal
departments and independent establishments and all other Government insti
tutions of the United States shall purchase at not to exceed current market
prices, such products of the industries herein authorized to be carried on as
meet their requirements and as may be available and are authorized by the
appropriations from which such purchases are made. Any disputes as to the
price, quality, suitability, or character of the products manufactured in any
prison industry and offered to any Government department shall be arbitrated
by a board consisting of the Comptroller General of the United States, the
superintendent of supplies of the general supply committee, and the Chief
of the United States Bureau of Efficiency, or their representatives. The deci
sion of said board shall be final and binding upon all parties.
Sec. 753e. Farms.— * *, ♦ In connection with such maintenances and
operation [of a place of confinement for Federal prisoners in States without
facilities for handling them] the Attorney General is authorized to establish
and conduct industries, farms, and other activities; to classify the inmates;
and to provide for their proper treatment, care, rehabilitation, and reformation.
Sec. 851. Prison camps.—The Attorney General is hereby authorized to es
tablish, equip, maintain, and operate prison camps upon sites selected by the
Attorney General, the Secretary of Agriculture, and the Secretary of the
Interior. Upon written order of the Attorney General persons convicted under
the laws of the United States may be transferred to such prison camps for
employment upon road or trail building, the cost of which is borne exclusively
by the United States: Provided, That this chapter shall not authorize any such
camp for employment upon any Indian reservation.
Sec. 875. Employment of convicts in hospitals.—The inmates of said insti
tution [hospital for defective delinquents] shall be employed in such manner
and under such condition as the Attorney General may direct. The Attorney
General may, in his discretion, establish industries, plants, factories, or shops
for the manufacture of articles, commodities, and supplies for the United States
Government; require any department or establishment of the United States to
purchase at current market prices, as determined by the Attorney General or his
authorized representatives, such articles, commodities, or supplies as meet their
specifications. There may be established a working-capital fund for said in
dustries out of any funds appropriated for said institution; and said workingcapital fund shall be available for the purchase, repair, or replacement of
machinery or equipment, for the purchase of raw materials and supplies, for
personal services of civilian employees, and for the payment to the inmates or
their dependents of such pecuniary earnings as the Attorney General shall
deem proper.
T itle
19—Custom duties
Sec. 1307. Importation of convict-made goods prohibited.—All goods, wares,
articles, and merchandise mined, produced, or manufactured wholly or in
part in any foreign country by convict labor or/and forced labor or/and in
dentured labor under penal sanctions shall not be entitled to entry at any
of the ports of the United States, and the importation thereof is hereby pro
hibited, and the Secretary of the Treasury is authorized and directed to
prescribe such regulations as may be necessary for the enforcement of this
provision. The provisions of this section relating to goods, wares, articles,
and merchandise mined, produced, or manufactured by forced labor or/and
indentured labor, shall take effect on January 1, 1932; but in no case shall
such provisions be applicable to goods, wares, articles, or merchandise so
mined, produced, or manufactured which are not mined, produced, or manu
factured in such quantities in the United States as to meet the consumptive
134
LAWS RELATING TO PRISON LABOR
demands of the United States. “ Forced labor,” as herein used, shall mean
all work or service which is exacted from any person under the menace of
any penalty for its nonperformance and for which the worker does not offer
himself voluntarily.
T itle 49.—Transportation
C hapter 2A. —Divesting
prison-made goods of interstate character
Sbotton 65.1 Prison-made goods.—All goods, wares, and merchandise manu
8
factured, produced, or mined, wholly or in part, by convicts or prisoners, ex
cept convicts or prisoners on parole or probation, or in any penal and/or re
formatory institutions, except commodities manufactured in Federal penal
and correctional institutions for use by the Federal Government, transported
into any State or Territory of the United States and remaining therein for use,
consumption, sale, or storage, shall upon arrival and delivery in such State
or Territory be subject to the operation and effect of the laws of such State
or Territory to the same extent and in the same manner as though such goods,
wares, and merchandise had been manufactured, produced, or mined in such
State or Territory, and shall not be exempt therefrom by reason of being
introduced in the original package or otherwise.
1
8 Section 2 of this Act (45 Stat. 1084) provides that this section “ shall take effect
5 years after the date of approval, namely, Jan. 19, 1934. The laws of the States
which up to July 1. 1933, have taken advantage of the above law and have enacted laws
regulating or prohibiting the sale of goods manufactured or produced by prison labor
in another State appear in the appendix following.
Appendix.—Laws of States Taking Advantage of the Federal
Act Regulating the Sale, etc., of Prison-Made Goods (as of
July 1, 1933)
ARIZONA
ACTS OF 1933
C hapter
103
Section 1. Sale of prison-made goods prohibited.—No goods, wares, or mer
chandise manufactured, produced, or prepared wholly or in part by convicts or
convict labor, except convicts or prisoners on parole or probation, shall be sold
or exchanged on the open market within the State of Arizona.
Sec. 2. Goods subject to State laws.—The sale of goods, wares, or merchandise
prohibited by section 1 of this act shall extend to and apply to all goods, wares,
or merchandise prepared, produced or manufactured wholly or in part by con
victs or prisoners of other States and the same shall be subject to the operation
and effect of the laws of this State upon arrival and delivery within the State
of Arizona to the same extent and in the same manner as though such goods,
wares, and merchandise had been manufactured, produced, or mined within the
State of Arizona, and shall not be exempt by reason of being introduced in the
original package or otherwise.
Sec. 3. Contract for such goods unlawful.—It shall be unlawful for any board,
commission, or officer of the State of Arizona or any of its subdivisions to
enter into any contract for the expenditure of any public moneys to be paid
for any goods, wares, or merchandise prepared or manufactured wholly or in
part by convicts or prisoners except convicts or prisoners on parole or probation.
Sec. 4. Sale upon open market.—Sale upon the open market as outlined in
sections 1 and 2 of this act shall not include sales or exchanges between any
penal or charitable institutions maintained wholly by the State of Arizona or
its political subdivisions for use in any of such institutions or by the wards
thereof.
Seo. 5. Penalty.—Any person or any manager or agent for any person or
corporaton who shall violate the provisions of this act shall, upon conviction,
be punished by a fine of not less than $100 and not more than $1,000 and by
imprisonment in the county jail for a period of not less than 90 days nor more
than 1 year.
Sec. 6. Effective date.—To preserve the public peace, health, and safety, it is
necessary that this act shall become immediately operative. It is therefore
declared to be an emergency measure, and shall take effect upon its passage
in the manner provided by law. (Date of approval, Mar. 20, 1933.)
ARKANSAS
ACTS OF 1933
A ct
No. 253
Section 1. Interstate shipments subject to State laws.—All goods, wares
and merchandise manufactured, produced, or mined, wholly or in part, by con
victs or prisoners (except convicts and prisoners on parole or probation) in
any penal and/or reformatory institution transported into the State of Ar
kansas and remaining therein for use, consumption, sale or storage, shall upon
arrival and delivery in the State of Arkansas, be subject to the operation and
effect of the laws of the State of Arkansas to the same extent and in the same
manner as though such goods, wares and merchandise had been manufactured,
produced or mined in the State of Arkansas and shall not be exempt therefrom
by reason of being introduced in the original package, or otherwise.
Sec. 2. Effective date.—This act shall take effect January 19, 1934.
135
136
LAWS RELATING TO PRISON LABOR
CALIFORNIA
ACTS OF 1983
C hapter
636
S e c t i o n 1. Interstate shipments subject to State laws.—To the extent and
insofar as the same may be permitted under the provisions of the Constitu
tion of the United States and the acts of Congress, and particularly under the
provisions of the act of Congress approved January 19, 1929, and entitled
“An act to divest goods, wares, and merchandise manufactured, produced, or
mined by convicts or prisoners of their interstate character in certain cases,”
all goods, wares and merchandise manufactured, produced or mined wholly
or in part by convicts or prisoners (except convicts or prisoners on parole
or probation) or manufactured, produced, or mined wholly or in part in
any penal and/or reformatory institution, transported into the State of
California and remaining herein for use, consumption, sale, or storage, shall
upon arrival and delivery in this State be subject to the operation and effect
of the laws of this State to the same extent and in the same manner as though
such commodities had been manufactured, produced or mined in this State by
convicts or prisoners or in any penal and/or reformatory institution, and
shall not be exempt therefrom by reason of being introduced in the original
package or otherwise.
S ec. 2. Sale of prison goods prohibited.— N o person o r corp ora tion m a y sell,
exp ose f o r sale or offer fo r sale an y goods, w a res o r m erchan dise m anu
fa c tu re d produ ced or m ined w h olly or in part b y con v icts or prison ers (e x ce p t
con victs or prison ers on p a role o r p rob a tion ) or m an ufactu red , prod u ced or
m ined w h olly or in p a rt in any penal a n d /o r refo rm a to ry in stitu tion, the sale
o f w h ich is not specifica lly sanctioned b y la w ; and any person or corp ora tion
v io la tin g any p rovision o f this section is gu ilty o f a m isdem eanor.
S ec . 3. Effective date.— T h is act sh all take effect and becom e op erative
im m ediately upon th e a ct cited in section 1 h e re o f becom ing effective and
operative.
COLORADO
ACTS OF 1933
C hapter
53
Section 1. Sale of prison-made goods prohibited.—It shall be unlawful for
any person or persons or corporation to use, consume, sell or store in this
State, goods, wares, or merchandise manufactured, produced or mined, wholly
or in part, by convicts or prisoners in any penal and/or reformatory institution
in this State, but the provisions of this section shall not apply to the use,
consumpton, sale or storage of such goods, wares or merchandise by the State
or any political subdivision thereof or by any public institution or agency owned,
controlled or managed by the State or by any political subdivison thereof, under
the provisions of such laws as are now or may hereafter be enacted; nor shall
the provisions of this section apply to goods, wares, or merchandise manu
factured, produced or mined by convicts or prisoners on parole or probation.
Sec. 2. Interstate shipments regulated.—A ll goods, wares, and merchandise
manufactured, produced or mined, wholly or in part, by convicts or prisoners in
any penal and/or reformatory institutions, transported into this State and
remaining herein for use, consumption, sale or storage, shall, upon arrival and
delivery in this State, be subject to the operation and effect of the provisions
of this act to the same extent and in the same manner as though such goods,
wares, and merchandise had been manufactured, produced or mined in the
penal institutions of this State, and shall not be exempt therefrom by reason
of being introduced in the original package or otherwise. The provisions of
this section shall not apply to goods, wares or merchandise manufactured,
produced or mined by convicts or prisoners on parole or probation.
Sec. 3. Penalty.—Any person who violates any of the provisions of this act
shall be deemed guilty of a misdemeanor and shall be punished by a fine of not
more than $1,000 or by imprisonment for not more than 1 year, or by both such
fine and imprisonment in the discretion of the court. (Date of approval,
Apr. 20, 1933.)
APPENDIX.--- STATE LAWS REGULATING SALE, ETC,
137
IDAHO
ACTS OF 1933
Chapter
216
Section 1. Sale on open market prohibited.—The sale on the open market of
this State of all goods, wares, or merchandise manufactured or mined, wholly
or in part by any penal and/or reformatory institution is hereby prohibited.
On and after January 19, 1934, the provisions of this act, and all other regula
tions and laws of this State in effect at that time and not inconsistent with this
act, shall apply to all goods, wares, and merchandise manufactured or mined
wholly or in part, by convicts or prisoners (except prisoners on parole or pro*
bation) or in any penal and/or reformatory institution and transported into
the State of Idaho for use or distribution, to the same extent and in the same
manner as if such goods and merchandise were so manufactured, produced, or
mined within the State of Idaho.
Sec. 2. Contracts forbidden.—It is hereby declared unlawful for the State
of Idaho, or any of its officers or agencies, or any of the political subdivisions
thereof, to enter into any contract or other arrangement for the labor of any
of the inmates of any of the penal and/or reformatory institutions of this State.
Sec. 3. Exchange of goods within State.—F o r the purposes o f th is a ct the pro
vision s o f section 1 rela tin g to sales on the open m a rk et shall n ot in clud e the
sale a n d /o r exch a n ge o f con vict-m ade good s p rod u ced in the pen al a n d /o r
reform a tory in stitu tion s to or w ith oth er penal, ch aritable, reform a tory , a n d /o r
cu stodial in stitu tion s the m a jo r p ortion o f w h ose m ain ten ance is con tribu ted
by this State a n d /o r an y o f the p olitica l su bd ivision s th ereof, f o r th e use a n d /o r
consum ption o f sa id in stitu tion s o r f o r the use a n d /o r con su m p tion o f the
p opulation th erein confined.
Sec. 4. Exchange prohibited outside of State.—The exchange of the prison
products of institutions of this State as specified in this act with the products
of any other State is hereby prohibited.
S ec. 5. Regulations by board.—The prison board is hereby authorized and
directed to make such rules and regulations governing the conduct of industries
in the penal and/or reformatory institutions of this State as will (a) result
in the manufacture, mining, or production of only such goods, wares, or mer
chandise as may be used or needed in the several penal, custodial, charitable,
and/or reformatory institutions the major portion of whose maintenance is
contributed by this State or any of the political subdivisions thereof, or for the
use and consumption of the institutionally-confined population of said institu
tions; and (&) result in the manufacture at such penal and/or reformatory
institutions of as wide a variety of products as practicable, it being the pur
pose and intent of this provision to direct the management of said institutions
to so diversify the products of said institutions as to eliminate the concentration
of prison labor in any one or few industries, thus to minimize as nearly as
may be possible the competition of said industries with private industry and
private capital: Provided, however, That no goods, wares, or merchandise manu
factured or mined in any penal and/or reformatory institution of this State
shall be shipped outside of this State for sale and/or exchange.
Sec. 6. Compensation for labor.—The prison board shall make such rules
and regulations as may be necessary to set up in the said penal and/or reform
atory institutions of this State a cost-accounting system in connection with
the manufacture or production of all goods, wares, or merchandise of said
institutions, which cost-accounting system shall take into consideration a rea
sonable compensation to be set aside for the labor of any prisoner or convict
employed in any industry of said institutions, which compensation shall be
held for the benefit of said prisoner or convict, or under proper rules and reg
ulations remitted to the dependents of said prisoners or convicts.
Sec . 7. Sale price.— T h e sale p rice o f products m a d e in any pen al a n d /o r
reform a tory in stitu tion fo r the sale to or the use o f a n y o f th e in stitu tion s
h ereinabove m entioned, shall be as n early as p ractica b le th e sam e a s th e
sale p rice o f sim ilar m erchan dise m an u factu red in p riv a te in du stry.
Sec. 8. Powers authorized.—The Governor and such officials as may direct
or control the management of penal, custodial, charitable, and/or reformatory
institutions of the State or political subdivisions thereof, shall jointly, annu
ally effect such rules and regulations as may be necessary to carry out the
purpose and intent of this act: to wit, the purchase by said institutions of
138
LAWS RELATING TO PRISON LABOR
the products to be manufactured in the penal and/or reformatory institutions of
this State.
S ec . 9. “ Open market ” defined.—The words, “ open market ” as used in this
act, shall mean all sales and/or exchanges conducted or transacted through
the medium of stores, shops, sales offices, sales agents or agencies, whether
retail or wholesale, or in any other manner, to the consuming public.
S ec. 10. Penalty.—Whoever sells or exposes for sale any goods, wares, or
merchandise, manufactured, produced, or mined, wholly or in part, by convicts
or prisoners, except convicts or prisoners on parole or probation or in any penal
and/or reformatory institutions except in the method established by law shall
upon conviction be subject to a fine of $300 or imprisonment for 90 days or both
such fine and imprisonment and each such sale or offer for sale shall be
considered a separate offense.
ILLINOIS
ACTS OF 1931
(P. 727)
S ection 1 ( S ec . lib ). Prison-made products of other States regulated.—
After January 19, 1934, it shall be unlawful to sell or offer for sale within the
State of Illinois any goods, wares, or merchandise, manufactured or mined by
convicts or prisoners of other States, except convicts or prisoners on parole
or probation, nor shall such goods, wares, or merchandise, manufactured or
mined by convicts or prisoners of other States, except convicts or prisoners
on parole or probation, be purchased or accepted in exchange by any institu
tion in the State of Illinois, owned or managed and controlled by the State,
or of any institution owned or managed and controlled by any political division
of the State. Any person violating the provisions of this section shall, upon
conviction, be punished by a fine of not less than $50 nor more than $100
or by imprisonment in the county jail not less than 3 months nor more than
1 year or by both such fine and imprisonment.
INDIANA
ACTS OF 1933
C h a p te r
269
S ection 1. Sale of products of convict labor regulated.—All goods, wares,
and merchandise manufactured, produced, or mined, wholly or in part, by
convicts or prisoners, except convicts or prisoners on parole or probation, or
in any penal and/or reformatory institution, transported into the State of
Indiana, and remaining therein for use, consumption, sale, or storage, shall,
upon arrival and delivery in the State of Indiana, be subject to the operation
and effect of the laws of the State of Indiana, to the same extent and in the
same manner, as though such goods, wares, and merchandise had been manu
factured, produced, or mined in the State of Indiana by inmates of the Indiana
Reformatory, of the Indiana State Prison, or of the Indiana State Farm; and
shall not be exempt therefrom by reason of being introduced in the original
package or otherwise.
Sec . 2. Effective date.—This act shall take effect on the 19th day o f Jan
uary 1934.
IOWA
ACTS OF 1933
C h apter
50
Section 1. Prison-made goods regulated.—Beginning January 19, 1934, all
goods, wares, and merchandise made by convict labor in any penitentiary,
prison, reformatory, or other establishment in which convict labor is employed
in the State of Iowa, and all such goods, wares, and merchandise so made by
convict labor in any penitentiary, prison, reformatory, or any institution out
side the State of Iowa in which convict labor is so employed, and which is im-
APPENDIX.— STATE LAWS REGULATING SALE, ETC.
139
ported, brought or introduced into this State shall, before being exposed for
sale, be branded, labeled, or marked as herein provided, and shall not be ex
posed for sale in this State without such brand, label, or mark. Such brand,
label, or mark shall contain at the head or top thereof the words, “ prisonmade ” followed by the year and name of the penitentiary, prison, reformatory,
or other establishment in which it was made, in plain English lettering, of the
style and size known as great primer roman condensed capitals. The brand
or mark shall in all cases, where the nature of the article will permit, be
placed upon the same, and only where such branding or marking is impossible
shall a label be used, and where a label is used it shall be in the form of a
paper tag, which shall be attached by wire to each article, where the nature of
the article will permit, and placed securely upon the box, crate, or other cover
ing in which such goods, wares, or merchandise may be packed, shipped, or
exposed for sale. Said brand, mark, or label shall be placed upon the outside
of and upon the most conspicuous part of the finished article and its box,
crate, or covering.
S e c . 2. Penalty.—A p e r s o n k n o w i n g l y h a v i n g i n h i s p o s s e s s i o n f o r t h e p u r p o s e
o f s a le o r o ffe r in g f o r s a le a n y p r is o n -m a d e g o o d s , w a r e s , o r m e r c h a n d is e
m a n u fa c t u r e d in a n y S ta te w it h o u t th e b r a n d , m a r k , o r la b e l r e q u ir e d b y la w ,
o r w h o r e m o v e s o r d e fa c e s s u ch b ra n d , m a r k , o r la b e l s h a ll b e d e e m e d g u ilt y o f
a m i s d e m e a n o r , a n d u p g n c o n v i c t i o n t h e r e o f s h a l l b e p u n i s h e d b y a f in e o f n o t
l e s s t h a n $100 n o r m o r e t h a n $500.
S e o . 3. Effective date.—Provided, however, That the provisions of this act
shall not be effective unless and until the Hawes-Cooper Act becomes effective.
MAINE
ACTS OF 1931
C h apter
221
S e c t i o n 1. Sale of prison-made products of other States prohibited.—On and
after the effective date upon which the so-called Hawes-Cooper bill enacted by
the Federal Congress is operative, no goods, wares, or merchandise manufac
tured, produced, or mined, wholly or in part, by convicts or prisoners (except
paroled convicts or prisoners), or in any penal or reformatory institutions and
transported into the State of Maine shall be used, consumed, sold, or stored
within the State of Maine. The purpose and intent of this section is to de
clare the policy of the State of Maine in taking advantage of the so-called
Hawes-Cooper bill enacted by Federal Congress and being entitled, “An act to
divest goods, wares, and merchandise manufactured, produced, or mined by
convicts or prisoners of their interstate character in certain cases,” to be a
policy of prohibiting the sale or use within the State of Maine, of any goods,
wares, or merchandise produced in penal institutions outside of the State of
Maine and transported into this State.
S e c . 2 . Repealing clause.— A l l a c t s o r p a r t s o f a c t s i n c o n s i s t e n t h e r e w i t h a r e
h e r e b y r e p e a le d .
MASSACHUSETTS
ACTS OF 1932
C h apter
252
S e c t i o n 1. ( S e c . 67A). Sale of convict-made goods prohibited.—Whoever sells
or offers for sale within the Commonwealth any goods, wares, or merchandise,
knowing or having reasonable cause to believe that the same were manufactured,
produced, or mined, wholly or in part, by convicts or prisoners, except convicts
or prisoners on parole or probation, shall be punished by a fine of not more than
$100: Provided, That nothing herein shall prevent the sale of goods, wares, or
merchandise so manufactured, produced, or mined, if sold at retail on the
premises of the institution where manufactured or produced or if sold to the
Commonwealth or to any political subdivision thereof, or to any quasi-public
hospital.
Sec. 2. Effective date.—This act shall take effect on January 20,1934.
4705°—33------10
140
LAWS RELATING TO PRISON LABOR
MONTANA
ACTS OP 1933
C hapter
172
S ection 1. Sale in open market, unlawful.—On and after January 14, 1934,
except as otherwise hereinafter provided, the sale in the open market in this
State, of all goods, wares, and merchandise manufactured, produced, or mined,
wholly or in part, by convicts or prisoners, under sentence in the State (except
prisoners on parole or probation) or in or by any penal or reformatory insti
tution of the State is hereby prohibited. The provisions of this act, and all
other regulations and laws of this State in effect at the time and not inconsistent
with this act, shall apply to all goods, wares, and merchandise manufactured,
produced, or mined, wholly or in part, by convicts or prisoners outside the
State (except prisoners on parole or probation) or in or by any penal or reform
atory institution of the United States, or any State or foreign country, and
transported into this State for use or consumption therein, to the same extent
and in the same manner as if such goods and merchandise were so manu
factured, produced, or mined within the State of Montana.
S ec . 2. Exchange.—For the purposes of this act the provisions of section 1,
relating to sales in the open market, shall not include the sale or exchange of
goods produced in any penal or reformatory institution of the State to or with
any other penal or reformatory institution or any charitable or custodial insti
tution, the major portion of whose maintenance is contributed by the State,
or any of the political subdivisions thereof for the use or consumption of the
persons therein confined.
S ec . 3. Interstate exchange prohibited.—The exchange of the products of
penal or reformatory institutions of this State, as specified in this act, for the
products of any other State, is hereby prohibited.
S ec . 4. Board may regulate.—The board of State prison commissioners is
hereby authorized and directed to make such rules and regulations governing
the conduct of industries in the penal and reformatory institutions of the State
as will (a) result in the manufacture, mining, or production of only such goods,
wares, and merchandise as may be used or needed in the several penal, custo
dial, charitable, and reformatory institutions, the major portion of whose main
tenance is contributed by this State, or any of the political subdivisions thereof,
or used and consumed by the persons confined in such institutions; and (b)
result in the manufacture at such penal or reformatory institutions of as wide
a variety of products as practicable, it being the purpose and intent of this
provision to have the products of said institutions so diversified as to prevent
the concentration of prison or reformatory labor in any one or few industries,
thus to minimize as nearly as may be the possible competition of said indus
tries, with private industry and private capital: Provided, however, That no
goods, wares, or merchandise manufactured, produced or mined in or by any
penal or reformatory institution of this State shall be shipped outside of this
State for sale or exchange, except articles and things made by an inmate of
any such institution for his own individual profit.
S ec . 5. Automobile license plates.— N othin g herein con tain ed shall be deem ed
to prevent an y o f the said in stitu tion s fro m m a n u fa ctu rin g m otor veh icle
n um ber plates, and oth er a rticles requ ired o r needed b y th e office o f the
registra r o f m otor vehicles, or from preven tin g any o f said in stitu tion s sellin g
o r disp osin g o f an y reasonable surplus o f produce raised e xclu sively f o r th e
use, feedin g, o r m ain ten ance o f the inm ates o f any o f said in stitu tions.
Sec . 6. Sale price.— T h e sale p rice o f p rodu cts m ade in a n y penal o r re
fo rm a to ry in stitu tion fo r the sale to o r the use o f any o f th e in stitu tion s
h erein b efore m entioned, shall be as n early as p ractica b le the sam e as the sale
p rice o f sim ila r m erchan dise m a n u fa ctu red in the priva te in du stry.
S ec . 7. Power to regulate.— T h e b oa rd o f State prison com m issioners shall
a nn ually m eet and effect such rules and regu la tion s as m ay be n ecessary to
fa c ilita te the sale and exch ange betw een th e in stitu tion s h erein b efore m en
tioned o f the goods, w ares, and m erchan dise m an u factu red , produced, o r m ined
b y them o r a n y o f them.
S ec . 8. “ Open market ” defined.— The words “ sales in the open market ” as
used in this act, shall mean all sales made to the consuming public, through
the medium of stores, shops, sales offices, sales agents or agencies, whether
retail or wholesale, or in any other manner.
APPENDIX.— STATE LAWS BEGULATING SALE, ETC.
141
Seo. 9. Penalty.— Any person or corp ora tion w h o shall k n ow in g ly viola te the
provision s o f this act, shall be g u ilty o f a m isdem eanor, and u pon con viction
th e re o f shall be punished b y a fine o f n ot less than $25 or m ore than $1,000
o r b y im prison m en t in the cou n ty ja il fo r a p eriod o f n ot less than 10 days
or m ore than 6 months, or b y both such fine and im prisonm ent.
Seo. 10. Repealing clause.—All acts and parts of acts in conflict herewith are
hereby repealed.
NEW HAMPSHIRE
ACTS OF 1933
C h apter 42
1. Sale of prison-made goods prohibited.—The sale on the open mar
ket of this State of all goods, wares, or merchandise manufactured or mined,
wholly or in part, by convicts or prisoners (except prisoners on parole or
probation) or in any penal and/or reformatory institution is hereby prohibited.
On and after January 19, 1934, the provisions of this act, and all other regu
lations and laws of this State in effect at that time and not inconsistent with
this act, shall apply to all goods, wares and merchandise manufactured or mined,
wholly or in part, by convicts or prisoners (except prisoners on parole or proba
tion) or in any penal and/or reformatory institution and transported into the
State of New Hampshire for use or distribution, to the same extent and in the
same manner as if such goods and merchandise were so manufactured, pro
duced or mined within the State of New Hampshire.
S eo. 2. Contract of sale unlawful.—It is hereby declared unlawful for the
State of New Hampshire or any of its officers or agencies, or any of the
political subdivisions thereof, to enter into any contract or other arrangement
for the labor of any of the inmates or any of the several penal and/or reforma
tory institutions of this State.
Sec. 3. Open market defined.—F o r the pu rpose o f this a ct the p rovision s o f
S ection
section 1, rela tin g to sales on the open m arket shall not in clud e th e sale a n d /o r
exchange o f con vict-m ade goods p rodu ced in th e penal a n d /o r re form a tory in sti
tu tions to o r w ith oth er penal, ch aritable, reform a tory a n d /o r cu stod ia l in stitu
tions the m a jo r portion o f w hose m aintenance is con trib u ted b y this State a n d /o r
any o f the p o litica l subdivisions th ereof, f o r th e use a n d /o r con su m ption o f
said in stitu tions or fo r the use a n d /o r con su m ption o f th e p op u la tion therein
confined.
S ec. 4. Exchange between States.—T h e exch a n ge o f the prison p rodu cts o f
in stitu tions o f this State as specified in th is a ct w ith the produ cts o f any
oth er State is h ereb y prohibited.
S ec. 5. Competition on open market avoided.—The prison industry commis
sion, county commissioners, the board of trustees of the New Hampshire In
dustrial School, are hereby authorized and directed to make such rules and
regulations governing the conduct of industries in the penal and/or reforma
tory institutions of this State as will (a) result in the manufacture, mining,
or production of only goods, wares, or merchandise as may be used or needed
in the several penal, custodial, charitable, and/or reformatory institutions
the major portion of whose maintenance is contributed by this State or any
of the political subdivisions thereof, or for the use and consumption of the
institutionally confined population of said institutions; and (b) result in the
manufacture at such penal and/or reformatory institutions of as wide a variety
of products as practicable, it being the purpose and intent of this provision to
direct the management of said institutions to so diversify the products of
said institutions as to eliminate the concentration of prison labor in any
one or few industries, thus to minimize as nearly as may be the possible com
petition of said industries with private industry and private capital: Provided,
however, That no goods, wares, or merchandise manufactured or mined in any
penal and/or reformatory institution of this State shall be shipped outside
of this State for sale and/or exchange.
Sec. 6. Reasonable compensation for prison labor.—The prison industry com
mission, county commissioners, and board of trustees of the New Hampshire
Industrial School, shall make such rules and regulations as may be necessary
to set up in the said penal and/or reformatory institutions of this State a
cost-accounting system in connection with the manufacture or production of
all goods, wares, or merchandise of said institutions, which cost-accounting
142
LAWS RELATING TO PRISON LABOR
system shall take into consideration a reasonable compensation to be set aside
for the labor of any prisoner or convict employed in any industry of said
intitutions, which compensation shall be held for the benefit of said prisoner
or convict, or under proper rules and regulations remitted to the dependents
of said prisoners or convicts.
Sec. 7. Sale price.—The sale price of products made in any penal, and/or
reformatory institution for the sale to or the use of any of the institutions herein
above mentioned, shall be as nearly as practicable the same as the sale price of
similar merchandise manufactured in private industry.
Sec. 8. Regulations.—The Governor and such officials as may direct or
control the management of penal, custodial, charitable and/or reformatory
institutions of the State or political subdivisions thereof, shall jointly
annually effect such rules and regulations as may be necessary to carry out
the purpose and intent of this act; to wit, the purchase by said institutions
of the products to be manufactured in the penal and/or reformatory institutions
of this State.
Sec. 9. Open market defined.—The words, “ open market” , as used in this
act shall mean all sales and/or exchanges conducted or transacted through the
medium of stores, shops, sales offices, sales agents or agencies, whether retail
or wholesale, or in any other manner, to the consuming public.
NEW JERSEY
ACTS OF 1981
C hapter
235
1. Sale of prison^made products of other States prohibited.—On and
after January 1, 1932, no goods, wares, or merchandise manufactured, mined,
or produced wholly or in part, outside of this State by convicts or prisoners
except convicts or prisoners on parole or probation shall be sold on the open
market in this State, or sold to or exchanged with any institution of this State,
or with any of its political divisions and/or subdivisions.
S ec . 2. Penalty.— A n y person, firm, or corp ora tion , o r officer or agen t th ereof,
Section
v io la tin g the p rovision s o f th is a ct shall be deem ed and a d ju d g ed a d isord erly
person and upon con viction th ereof shall be pu nish able b y a fine o f n ot less
than $50 or m ore than $500 or b y im prisonm ent o f n ot less than 30 n or m ore
than 90 days, o r b y b oth fine a nd im prisonm ent.
NEW YORK
ACTS OF 1930
C hapter
136
S ection 1 (sec. 69) (as amended 1933, ch. 26). Sale of prison-made prod
ucts of other States prohibited.—No goods, wares, or merchandise, manu
factured, produced, or mined wholly or in part by convicts or prisoners, except
convicts or prisoners on parole or probation, shall be sold in this State to any
person, firm, association, or corporation, except that nothing in this section
shall be construed to forbid the sale of such goods produced in the prison
institutions of this State to the State, or any political division thereof, or to
any public institution owned or managed and controlled by the State, or any
political division thereof as provided in section 184 of the correction law.
S ec . 2. Effective date.— T h is a ct sh all ta k e effect J a n u a ry 19, 1934.
NORTH CAROLINA
ACTS OF 1933
C hapter
146
1. Sale of prison-made goods prohibited.—Except as hereinafter pro
vided, the sale anywhere within the State of North Carolina of any and all
goods, wares, and merchandise manufactured, produced, or mined wholly or in
part, by convicts or prisoners, except convicts or prisoners on parole or proba
tion, or in any penal and/or reformatory institutions is hereby prohibited and
declared to be unlawful.
S ection
APPENDIX.--- STATE LAWS REGULATING SALE, ETC.
143
S ec . 2. Exchange between institutions.—The provisions of this act shall not
apply to sales or exchanges between the State penitentiary and other penal,
charitable, educational and/or custodial institutions, maintained wholly or in
part by the State, or its political subdivisions, for use in said institution or by
the wards thereof; nor shall the provisions of this act apply to the sale of
cotton, corn, grain or other processed or unprocessed agricultural products,
including seed for growing purposes, or to the sale of coal or chert mined by
convict labor, in any mine operated by the State: Provided, That this section
shall apply with equal force to sales to the State or any political subdivision
thereof by any State penal or correctional institution, including the State
highway: Provided, further, That the State of North Carolina shall have the
right of manufacturing in any of its penal or correctional institutions products
to be used exclusively by the State or any of its agencies.
Sec . 3. Interstate shipments included.— T h is a ct shall app ly equally to con
v ict or prison -m ade goods, w a res or m erchandise, w h eth er m an ufactu red,
produced or m ined w ith in o r w ith ou t the State o f N orth C arolin a.
Sec. 4. Penalty.— A n y person, firm or corp ora tion selling, u n derta k in g to sell
o r offerin g f o r sale any such prison -m ade o r con vict-m ade good s, w a res or
m erchandise, a nyw h ere w ith in the State, in v iola tion o f the p rovision s o f
this act, sh a ll be gu ilty o f a m isdem eanor, a nd upon con viction , shall be sub
je c t to fine, o r im prisonm ent, o r both, in the discretion o f th e cou rt. E a ch
sale o r o ffe r to sell, in viola tion o f th e p rovision s o f this a ct sh a ll con stitute
a separate offense.
Sec. 5. Repealing clause.— A ll law s and clau ses o f la w s in con flict w ith this
a ct are h ereb y repealed.
Sec. 6. Effective date.—This act shall be in force from and after the nine
teenth day of January 1934.
OHIO
ACTS OF 1933
(P. 64)
2228-1. Sale of prison-made goods prohibited.—After January 19,
1934, no goods, wares, or merchandise, manufactured or mined wholly or in
part in any other State by convicts or prisoners except convicts or prisoners on
parole or probation, shall be sold on the open market in this State.
S ec. 2228-2. Penalty.—Whoever violates any of the provisions of the next
preceding section shall be fined not less than $25 nor more than $50 for the
first offense and not less than $50 nor more than $200 for each subsequent
offense.
PENNSYLVANIA
Section
ACTS OF 1931
No. 308
Sale on open market prohibited.—No goods, wares, or merchandise
prepared wholly or in part or manufactured by convicts or prisoners of other
States, except convicts or prisoners on parole or probation, shall be sold or
exchanged on the open market within this Commonwealth.
Sec . 2. Penalty.— A n y person, o r a n y agent o r m anager f o r an y person, w ho
S ection 1.
shall vio la te a n y o f th e p rovision s o f th is a ct shall, u pon con viction th ereof,
be sentenced to p a y a fine o f n ot m ore than $500 o r to u ndergo an im prisonm ent
o f n ot m ore than 1 year, o r both, a t th e discretion o f th e court.
S ec. 3. Effective date.— T h is a ct shall take effect January 19, 1934.
Sec. 4. Repealing clause.— A ll acts or pa rts o f acts in con sisten t h erew ith be
and the sam e a re h ereby repealed.
SOUTH DAKOTA
ACTS OF 1933
Chapter 158
Section 1. Prison-made products subject to State laws.— On and a fte r Janu
a ry 19, 1934, a ll goods, w ares, and m erchan dise m an ufactu red , p rodu ced, o r
m ined, w h o lly o r in pajrt, b y con victs o r prison ers, excep t con victs or prison ers
144
LAWS RELATING TO PRISON LABOR
on parole or probation, or in any penal and/or reformatory institutions, trans
ported into the State of South Dakota, and remaining therein for use, consump
tion, sale, or storage, shall upon arrival and delivery in the State of South
Dakota, be subject to the operation and effect of the laws of the State of
South Dakota, to the same extent and in the same manner as though such
goods, wares, and merchandise had been manufactured, produced, or mined in
the State of South Dakota, and shall not be exempt therefrom by reasons of
being introduced in the original package or otherwise.
UTAH
ACTS OF 1933
C hapter 68
1. Sale on open market prohibited.—The sale on the open market
of this State of all goods, wares, or merchandise manufactured or mined,
wholly or in part, by convicts or prisoners, except prisoners on parole or
probation, or in any penal and/or reformatory institution, is hereby pro
hibited and declared to be unlawful. On and after January 19, 1934, the
provisions of this act and all other laws and regulations of this State in effect
at that time and not inconsistent with this act, shall apply to all goods, wares,
and merchandise manufactured or mined, wholly or in part, by convicts or
prisoners, except prisoners on parole or probation, or in any penal and/or
reformatory institution, and transported into the State of Utah for use or
distribution, to the same extent and in the same manner as if such goods
and merchandise were so manufactured, produced, or mined within the State
of Utah.
Sec. 2. Marked.—All goods, wares, and merchandise manufactured or mined,
wholly or in part, by convicts or prisoners, except prisoners on parole or pro
bation, in the State of Utah, and all goods, wares, and merchandise shipped
into the State of Utah, shall be plainly marked thereon: “ Prison-made goods.”
Sec. 3. “ Open market ” defined.—The words “ open market ” as used in this
act, shall mean all sales and/or exchanges conducted or transacted through
the medium of stores, shops, sales offices, sales agents, or agencies, whether
retail or wholesale, or in any other manner, to the consuming public, but not
including institutions, subdivisions, departments of State, municipalities or
school districts, and not including the manufacture and sale of belts, beads,
bracelets, watch-fobs, jewelry, or other trinkets sold for the personal benefit
of convicts or prisoners.
S ec . 4. Penalty.— A n y person, firm, or corp ora tion , w h ich v iola tes a n y o f
Section
the provision s o f th is a ct shall be g u ilty o f a m isdem eanor.
Sec. 5. Effective date.—This act shall take effect upon approval.
1933.)
(Mar. 21,
C hapter 67
Section 1. Goods divested of interstate character.—All goods, wares, and
merchandise manufactured, produced, or mined, wholly or in part, by convicts
or prisoners, except convicts or prisoners on parole or probation, or in any
penal and/or reformatory institutions, transported into the State of Utah and
remaining therein for use, consumption, sale, or storage, shall upon arrival
and delivery in the State of Utah, be subject to the operation and effect of
the laws of the State of Utah, to the same extent and in the same manner
as though such goods, wares, and merchandise had been manufactured, pro
duced, or mined in the State of Utah, and shall not be exempt therefrom by
reason of being introduced in the original package or otherwise.
Sec. 2. Effective date.—This act shall take effect on January 19, 1934.
VIRGINIA
STATE AND COUNTY PRISONERS
CODE, 1 9 1 9 1
2073 (a s am ended 1924, ch. 8 8 ; 1933, ch. — ). Road force; articles for
State use.—All m ale p rison ers con victed o f felon y, and sentenced to confinem ent
S ec .
1 1933 amendment to sec. 2073 received too late for inclusion under “ Virginia ”, pp.
115-118.
APPENDIX.— STATE LAWS REGULATING SALE, ETC.
145
in the penitentiary, and all male persons now convicted and confined in the
public jails, or who may be hereafter convicted and so confined, and sentenced
to the road force for a misdemeanor, shall, when delivered to the superintendent
of the penitentiary, under the provisions of sections 2075 and 2096, constitute
the State convict road force. But 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 con
dition, character, or disposition, may be employed by the State prison board
in work for the State at the penitentiary, at the State penitentiary farms, at
the State lime-grinding plants, or in State or county stone quarries. Convicts
or misdemeanants actually confined within the penitentiary at Richmond, or
at State farms, however, shall be used, as far as possible, in the making of
articles required by the departments, institutions, and agencies of the State
which are supported in whole or in part by the State, and the State prison
board is authorized and empowered to charge such departments, institutions,
and agencies the actual cost of the materials used in the manufacture and
production 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,
etc., used in the manufacture and production of the various articles furnished.
Any surplus and articles so manufactured or produced not required by the
departments, institutions, and agencies of the State which are supported in
whole or in part by the State, may be disposed of by 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 of Virginia, or as the State
prison board, with the approval of the Governor, may deem to be the best
interests of the State: Provided, however, That the products of the State-use
printing shop at the penitentiary, shall be sold only to such departments, insti
tutions, and agencies of the State and to State agencies controlled by the State
of Virginia, and shall not be sold to officers or agencies of the counties, cities,
and towns of the State of Virginia, or in the open markets. It is further pro
vided that the said State prison board, heretofore called the penitentiary board,
on the part of the State, with the approval of the Governor, may extend the
contracts of employment at the penitentiary at Richmond and at the State
penitentiary farm, in force on the passage of this act, or may enter into new
contracts, to such an extent as may be necessary to obviate the necessity of
keeping in idleness convicts actually confined in the penitentiary at Richmond,
or at the State penitentiary farm, and not otherwise employed. But no such
contracts shall be extended or renewed or new contracts entered into, unless
and until the contractor or contractors, as the case may be, shall have given
bond in form approved by the attorney general of Virginia, and with such
security and in such penalty as may be determined by the State prison board
with the advice and consent of the Governor, conditioned upon the faithful per
formance of all the terms of said contracts.
Seo. 2073-a (added 1933, ch. — ). Products used by State departments.—On
and after the 1st day of January 1934, all departments, institutions, and agen
cies of this State which are supported in whole or in part by the State shall,
and all counties and districts of such counties and cities and towns in this
State may, purchase from the State prison board all articles required by such
departments, institutions, and agencies of the State, or by such counties, dis
tricts, cities, or towns, produced or manufactured by the State prison board by
convicts or misdemeanants confined within the penitentiary or elsewhere em
ployed within this State, iijcluding products of the penitentiary and State
farms and no such article shall be purchased by any such department, institu
tion, or agency of the State from any other source unless excepted from the
provisions of this section as hereinafter provided.
All purchases shall be made through the division of purchase and printing
upon requisition by the proper authority of the department, institution, or
agency of the State or of the county, district, city, or town requiring such
articles.
Exceptions from the operation of the mandatory provisions of this section
may be made in any case where in the opinion of the governor, the comptroller,
and the director of the division of purchase and printing, or a majority of them,
who are hereby constituted a board for such purpose, the article so produced
or manufactured does not meet the reasonable requirements of such department,
institution, or agency of the State, or in any case where the requisition made
146
LAWS RELATING TO TOTSOX LABOR
cannot be completely complied with on account of an insufficient supply of the
articles or supplies required or otherwise. No such department, institution, or
agency of the State shall be allowed to evade the intent and meaning of this
section by slight variation from standards adopted by the Stae prison board,
when the articles produced or manufactured by it in accordance with its stand
ards are reasonably adapted to the actual needs of such department, institution,
or agency.
No voucher, certificate, or warrant issued on the comptroller by any such
department, institution, or agency shall be questioned by him or by the State
treasurer on the ground that this section has not been complied with by such
department, institution, or agency; but intentional violations of this section by
any such department, institution, or agency, continued after notice from the
Governor to desist, shall constitute malfeasance in office, and shall subject the
officer or officers responsible for such violations, to suspension or removal from
office, as may be provided by law in other cases of malfeasance.
Sec. 2073-b (added 1933, ch. — ). Estimates secured.—The State prison board
shall cause to be prepared annually, at such time as it may determine, a catalog
containing a description of all articles and supplies manufactured and pro
duced by it pursuant to the provisions of section 2073, copies of which catalog
shall be sent by it to all departments, institutions, and agencies of the State
referred to in the preceding section. At least 30 days before the commencement
of each fiscal year the proper official of each such department, institution, and
agency of the State shall report to the division of purchase and printing esti
mates for the ensuing year or quarter of the kinds and amounts of articles
and supplies required by them for ensuing year or quarter, referring in such
estimates to the catalog issued by thq State prison board, insofar as the articles
and supplies indicated are included within said catalog.
WASHINGTON
ACTS OF 1983
C hapter
178
Section 1. Sale of convict-made goods.—The selling, offering, keeping, expos
ing, or displaying for sale on the open market within this State of any goods,
wares, or merchandise manufactured, produced, or mined, wholly or in part,
by convicts or prisoners, except convicts or prisoners on parole or probation,
is hereby prohibited.
No goods, wares, or merchandise, manufactured, produced, or mined, in
whole or in part, by convicts or prisoners of other States, except convicts or
prisoners on parole or probation, shall be shipped into this State to be sold on
the open market in this State, or sold to or exchanged with an institution
of this State, or any of its political subdivisions: Provided, This act shall
not prohibit the sale to or exchange between penal, reformatory, or custodial
institutions and/or departments of this State, including any of its political
subdivisions, for use or consumption by said institutions, of goods, wares, or
merchandise manufactured, produced, or mined, in whole or in part, by con
victs or prisoners of the State of Washington: And provided further, This act
shall not apply to commodities manufactured by Federal penal or correctional
institutions for use by the Federal Government and/or goods displayed or sold
within any of the penal, reformatory, or custodial institutions of the State
for the benefit of the inmates thereof.
S ec. 2. Penalty for violation.— A n y person, firm, o r corp ora tion w h o sh a ll
v io la te a n y o f the p rovision s o f this a ct shall be g u ilty o f a m isdem eanor and
upon con viction shall b e punished b y a fine o f n ot less than $50 n or m ore than
$500 o r b y im prison m en t in the cou n ty ja il f o r not less than 30 days n or m ore
than 6 m onths, o r b y both such fine and im prisonm ent.
S ec . 3. “ Open market ” defined.— T h e w ord s “ open m a r k e t” as u sed in th is
a ct sh a ll m ean a ll sales or exch anges con du cted o r tran sacted th rou gh the
m edium o f stores, shops, sales offices, sales agents, or agencies, w h eth er reta il
o r w holesale.
Sec. 4. Effective date.—This act shall take effect January 20, 1934, and shall
not affect any goods, wares, or merchandise held for sale within this State
or shipped into this State prior to January 20, 1934.
