punishment of violations of the statutes referred to, and they are admonished that neglect of duty in this regard will be promptly dealt with.

And I request that all good citizens, in the performance of a plain duty, for the protection of free institutions and in their own interests, report to the proper authorities the commission of any offense against the statutes passed to preserve the purity of the ballot.

O

CHAPTER XIII.

TWO IMPORTANT BILLS.

WING to a combination of circumstances the session of the Legislature of 1884 was devoted almost exclusively to two subjects, legislation concerning convict labor and municipal reform in New York city. It should be noted that the fees of pilots to New York harbor were reduced by the Legislature, as twice urged by the Governor. A bill prohibiting the manufacture and sale of oleomargarine, and adulterations of butter, cheese and milk were signed by him. The civil service reform law was applied to all the cities of the State and improved in its operations, and the militia were furnished with uniforms as suggested by the Governor.

The people of the State in the election of November, 1883, decided by a vote of four hundred and six thousand to two hundred and sixty-seven thousand in favor of the abolition of contract labor. After dallying with the subject for some time, the Legislature, in which the Republicans were in a majority, passed a bill establishing a Commission to investigate the subject of prison labor and to report by the first of March. At the same time a bill was passed prohibiting contract labor in the State prisons after contracts then and now in force had expired.

The latter bill Governor Cleveland returned, as it did not apply the prohibition to penitentiaries and seemed designed in its provisions to evade the full discharge of the duty imposed by the popular vote. The bill was amended conformably to the Governor's objections and was at once signed by him. Contract labor had been prohibited. In the meantime the first of March was at hand,

and the Prison Commission, on which the Governor, ac- . cording to its design, had appointed two Democrats, two Republicans and Mr. Walter N. Thayer, a Democrat and the President of the Trades Assembly of the State of New York, had not been able through the shortness of the time to make its report. An extension of time was asked; but, through the failure of the Legislature to act until March 1st, the bill extending the life of the commission failed to accomplish its purpose. It reached the Governor after the commission had ceased legally to exist. In his message on the bill Governor Cleveland laid down the policy to be pursued in the following suggestions:

* * * There are some other objections to the bill, which in view of the fact that the Legislature will probably deem it wise to restore the Commission, and that prompt action will be taken for that purpose, may well be here noticed.

* * *

When the original bill was approved no law had been passed abolishing the contract labor system, and it was not supposed that this would be done until the report of the Commission should be presented. In this condition of affairs the commissioners might well be invested with the powers and duties defined and limited in sections two and three of the act authorizing their appointment, as follows:

§ 2. The said Commission is hereby authorized and empowered to examine into and report upon the practical operation of the contract system for the employment of convicts in the State prisons, penitentiaries and reformatories of this State, as now required by law, and particularly as to the effect of such employment upon prison management and discipline, upon the prisoners and upon the community at large; and for such purpose the said commissioners or any of them shall have full power and authority to enter any and all such institutions at all times and shall have power to examine witnesses and to send for and examine books and papers.

§ 3. The said Commission shall erport their conclusions with such recommendations as they may deem proper as to the best method of employing such convict labor to this Legislature, not later than the first day of March, etc.

It will thus be seen that almost the entire scope of the duties required of the commissioners, and the powers vested in them, had reference to an examination concerning the then existing system of contract convict labor,

The people had condemned this very system at the polls and, by an emphatic majority, had declared that it should be abolished. The Legislature had the power and the right, if they saw fit, to make further inquiry by means of the Commission, before they complied with the demands of the people thus expressed. But before the commissioners were well under way, the Legislature, almost unanimously, passed a bill abolishing the contract labor system. This bill has to-day received executive approval; and by virtue of such enactment, the vexed question of contract convict labor is disposed of and settled. The bill now under consideration is objectionable, because it continues and re-enacts the provisions of the original act, by which the commissioners are directed to examine into the merits of the contract system, which has been abolished, instead of requiring them to devote all their attention to the selection of a substitute therefor.

The title of the bill should be changed, and the powers and duties of the commissioners should be strictly confined to such an examination as will enable them to report a satisfactory and economical plan, to be adopted in lieu of the abolished contract system.

Manifestly, this is all that remains in connection with this subject, and it most urgently demands the immediate and serious attention of the Legislature.

All concede, I believe, that the prisoners should be in some manner employed, and that they should not be maintained in idleness, entirely at the expense of the public.

The workingmen and manufacturers who are, or honestly believe themselves to be, injured by contract convict labor have made their demands in good faith and their demands have been complied with by the abolition of the system of which they complained. Abundant opportunity has been afforded parties and individuals to gain such partisan and personal advantage as the subject has been supposed to offer; and it seems to me that now the interests of the taxpayers of the State should be considered.

It will, I think, be generally conceded that the substitution of any new plan for the employment of convict labor will increase taxation and sacrifice the self-supporting feature of our penal institutions; in any event this must be the result in the first stages of its operation. The fact may well be recalled that a little more than six years ago, the people were taxed more than seven hundred thousand dollars for the maintenance of our prisons. I am bound to assume that the change of system determined upon, will justify an increased taxation; and while this branch of the question should be fairly met, the plan should be selected that will be efficient and still increase in the least amount, the burdens of the taxpayers,

I am decidedly of the opinion, too, that if the commissioners are to be retained by new legislation, they should be required to report to the present Legislature. If they are relieved from the duty of examining all the branches of inquiry connected with the subject of contract convict labor, and address themselves to the task of simply preparing a new plan for adoption in its stead, their labors will of course be much shortened and made easier. A number of investigations which have already been made will afford them aid, and the results of the thorough examinations just completed by the commissioner of statistics of labor are at their command.

I am informed that in one prison a contract for the labor of two hundred and ten convicts will expire on the last day of the present year, and another for two hundred and sixty-five on the 28th day of February, 1885. Some means should certainly be devised in advance of the expiration of such contracts, to keep these four hundred and seventy-five convicts employed. This is necessary as well for their own good and the discipline of the prison, as from motives of economy. There should be no chance taken of their continued idleness while another Legislature, to a great extent new to the subject, is settling upon a plan for their employment.

In justice to the counties having penitentiaries where convicts are employed, this question should be speedily settled. They receive prisoners from adjoining counties and make contracts for their custody, based to a great extent, upon the manner in which their labor may be utilized.

I have no doubt that the commissioners heretofore appointed, if the range of their inquiries is limited simply to the presentation of a plan for convict labor, can readily report to this Legislature without any extension of the session for that purpose. I think the Legislature should agree with me on this subject, since the commissioners were allowed by the original bill only three weeks to report concerning subjects involving an infinitely broader field of inquiry than that now proposed. But in any event the Legislature should remain in session till this very important matter is disposed of, and an end put to agitation on the subject.

And inasmuch as it appears to be quite certain that any change of system will involve expense to the State, the amount of such expense should be ascertained and the necessary appropriation made therefor.

Though, under existing laws, the Superintendent of Prisons might have authority to employ the convicts, temporarily, in some of these institutions, this course would necessitate the expenditure of considerable sums of money, without reaching the reformatories and protectories, which are not under the control of the superintendent.