CONVICT LABOR FOR ROAD WORK. 31 



Although the superior advantages of State over county control are 

 ver}'- evident, the placing of the control in the proper State depart- 

 ment is more difficult. On accoimt of the dual aspects of the work — 

 the penal and the constructional — the interests of two departments 

 are involved — namely, the prison and highway. 



In Colorado the work is carried on under the immediate direction 

 of the warden of the State penitentiary, and the State highway com- 

 mission acts only in an advisory capacity. In Georgia there is no 

 highway commission, and the convict road work is carried on by the 

 various counties, the conditions affecting the convicts being under 

 the control and inspection of the State prison commission. But in 

 aU other States in which there are highway departments the road 

 work done by the convicts is under the direction and control of the 

 highway authorities, and the prison departments exercise only a 

 more or less direct control over the disciphne, guarding, and mainte- 

 nance of the prisoners. 



Though it is recognized that no stereotyped system of control can 

 be prescribed arbitrarily for aU the States, on account of their varying 

 institutions and customs, it is believed that the best results may be 

 obtained under a system which clearly defines and separates the 

 responsibihties of the prison and highway departments. The prison 

 department should, of course, be charged with the selection of con- 

 victs for assignment to the road working forces, upon the request of 

 the highway department, and with the formulation of rules and regu- 

 lations for the guidance of the highway officials in the disciphne, 

 housing, and maintenance of the prisoners. But the supervision of 

 construction and the preparation of adequate means of housing, 

 feeding, and disci phning the men in accordance with the rules of the 

 prison department preferably should be under the immediate control 

 of the highway department. By such an arrangement the formation 

 of a highway division under the prison department, with consequent 

 duphcation of officers, is avoided, while, as indicated, the prison 

 department, through the agency of the highway department, retains 

 control of the administration of the penal law. 



By the foregoing arrangement the responsibihty of the distribu- 

 tion of the convict labor to the various pieces of construction is given 

 to the highway department. The labor may be used on State roads, 

 or it may be granted to the counties as a form of State aid, but in 

 either case full control of the work and conditions of work should be 

 exercised by the highway department to insure the essential uni- 

 formity of methods and results. Although a cortam amount of dis- 

 cretionary authority must bo given to the men in immediate charge 

 at th(5 camps, they should 1)0 governed by regulations and orders 

 issued by the department. Thoir conduct of the work should bo 

 ascfirtainod by means of periodical reports made in a proscribed form 

 r,:{r)77'-'— p.iiii.-ni— H> ;'. 



