CONVICT LABOR FOR ROAD WORK. 213 



perform sucli labor. Each prisoner so laboring may be paid a reasonable compensa- 

 tion by the county if imprisoned for violation of State law and by the city or town if 

 for violation of an ordinance, by-law, or regulation. Such compensation, or such 

 portion thereof as the coiu't shall direct, may be paid to the wife or dependents of such 

 con%T.ct. "^Tien imprisonment is for violation of a State law and the prisoner is con- 

 fined in the county jail, such labor shall be performed under the direction of the 

 county board and superintended by the sheriff, who shall furnish necessary tools 

 and materials at expense of the county. The officer in charge of such prisoners may 

 use all reasonable means to prevent escape and to enforce obedience. Vor refusal to 

 labor or obey orders in reference thereto a prisoner may be kept in solitary confine- 

 ment on bread and water, but not for more than 10 days for any one offense, nor more 

 than 90 days in all. For each day's labor the prisoner shall be credited $2 on any 

 judgment for fine. (Acta 1915, oh. 257.) 



Tennessee. 



State. — ^The Tennessee Board of Control shall make rules, regulations, and contracts 

 for the emplojinent of inmates of the Tennessee State penitentiary and the Brushy 

 Mountain Penitentiary on the highways of the State and on railroads to be built, and 

 in operating the State farms, and on any and all roads necessary and of value to the 

 State's properties. On or before March 1, each year, said board shall ascertain the 

 number of prisoners available to work on roads and shall notify the county judge or 

 the chairman of the county court of each county who may apply for such convicts. 

 Said board shall fix and select the camps and prepare equipment for the working of 

 such con"\-icts, and such convicts and all machinery used by them shall be under the 

 absolute control of such officers as may be designated by said board, but the work 

 shall be done on such roads as may be designated by the county authorities. Not 

 less than 50 prisoners shall be furnished to a county and they may be worked from 

 April 1 to December 1. The rate of compensation for such inmates shall be fixed by 

 said board and the county authorities by agreement, but shall not be less than $1 per 

 ten-hour day. Said board may pay all necessary costs of transportation of prisoners, 

 guards, and equipment out of the prison fund; and shall provide comfortable and 

 sanitary quarters. The rules and regulations of the penitentiaries and all laws appli- 

 cable shall apply to the discipline of such camps. The board may, in its discretion, 

 contract with a county for building highways with convict labor, such contract to 

 be made only upon authority of the governor and approval of the State engineer. 

 Said board may employ and designate such person or persons deemed necessary as 

 camp and road superintendents and as guards. (Acts 1915, ch. 114.) 



Counties. — All persons confined in county jails or workhouses, either under sentence 

 for crime or for nonpayment of fine and costs, shall be available for work on the public 

 highways. (Code of 1896, Part I, sees. 1642-1644.) 



The judge or chairman of the county court, the clerk of the county court, and the 

 sheriff of each county are constituted a board for their respective counties to enter into 

 contracts with public road commissioners, or with other officers or road contractors hav- 

 ing superintendence of public road work, for the employment on such roads of prisoners 

 confined in the county jails for nonpayment of fine and costs. The sheriff shall appoint" 

 guards for such prisoners, and the county court shall furnish said guards with picks to 

 go on each prisoner to prevent his escape. Said prisoners may be worked eight hours 

 per day on any of the public roads of the county, and shall receive 75 cents for each 

 day's work in addition to the 25 cents otherwise allowed by law, which shall be 

 credited on .such fine and costs. Prisoners of two or more counties may be combined 

 by said boards and worked on roads of said counties. (Acts 1899, ch. 358.) 



All county prisoners subject to labor shall be employed, as far as practicable, on 

 the public highways, and may be let to contractors who will employ them on the 

 public roads, eight hours per day. County authorities shall name guards. (Acts 

 1899, ch. 368, sec. 7.) 



Texas. 



Counties. — County convicts shall be put to work upon the public roads, bridges, or 

 other public works of the county when their labor can not be utilized in the county 

 workhouse, or on the farm. They shall labor not less than eight nor more than 10 hours 

 per day. Convicts so worked shall be properly guarded. A prisoner may avoid 

 manual labor in the workhouse or elsewhere by payment into the county treasury of 

 $1 per day for each day he would have to work. (Rev. Civil Stats., 1911, title 104, 

 Art. 62:i8, 6246-^j248.) 



The rommifisioners' court shall require all male county convicts, not otherwise 

 employed, to labor on the public roaas, under such regulations as it may prescribe, 



