SEC. 6. That the board of county commissioners of the several counties in the State taking advantage of this act shall levy a special tax annually, as other taxes are levied, for the purpose of paying the expenses of said convicts, building of stockades, etc., and the expenses shall be paid by the counties taking advantage of this act.

SEC. 7. That this act shall be in force from and after the first day of May, one thousand eight hundred and eighty-seven.

The following is an extract from the laws of North Carolina which were ratified March 11, 1889:

EXTRACT FROM LAWS OF NORTH CAROLINA.

SEC. 5. That all persons confined in the county jail, either under a final sentence of the court for crime or imprisonment for nonpayment of fines or costs, or under final judgment in cases of bastardy, or under the vagrant acts, and all persons sentenced to the State prison for a term less than five years, shall be available to the county commissioners for the purpose of working said persons upon the public roads under the provisions of this act; and upon the application of said commissioners to the judge of the superior court, or, if there be a criminal or inferior court for the county, it shall be the duty of the judge or presiding officer of said court to assign such persons convicted in his court to such commissioners for said purposes. And when any county has adopted the provisions of this act, the judge of the superior court or criminal court, or the presiding justice of the inferior court holding any court in any county which has not availed itself of the provisions of this act, may sentence persons convicted of crime as aforesaid to work on the roads in any county adopting the provisions of this act, preference being given to that county the commissioners of which shall first make application for such persons, and such persons may be sent direct to such county.

SEC. 6. That the board of directors of the penitentiary shall furnish the board of commissioners of any county, upon the requisition of said commissioners, not less than twenty nor more than fifty convicts to work upon the public roads of such county. The said convicts shall be at all times under the supervision and control, as to their government and discipline, of the said penitentiary authorities; and any county applying for said convicts under the provisions of this section shall erect suitable stockades for their safe-keeping and protection, and shall pay the expenses of the keep and care and entire expense of said convicts, and also the expense of their transportation from and back to the penitentiary, which said expenses may be paid out of said county road fund or the general county fund, wholly or in part, at the discretion of said board of commissioners: Provided, That when any county shall obtain convicts under the provisions of this act, the said convicts shall be allowed to remain in such county as long as the county authorities may want their service: Provided, The county shall not make default in the payment of the expenses aforesaid: And provided further, That it shall be the duty of the board of directors of the penitentiary to immediately deliver to the board of commissioners of any county that shall apply for convicts under this act such number of convicts within the limits aforesaid as may be asked for, such county, however, first advancing money sufficient to pay the transportation of the convicts and their guard. And any such county shall have preference over any railroad company in the State, any law to the contrary notwithstanding, except where convicts are specially assigned by statute. The following plan for the use of convict labor was published by Mr. James N. Brewster in Good Roads Magazine:

A PLAN FOR THE USE OF CONVICT LABOR.

One of the great questions of the present day is how to improve our public roads. and in its discussion we are often confronted by another, to wit, What is the best way of utilizing our prison labor so as not to come violently in contact with organized labor in any of the several branches of industrial pursuits?

A plan is here suggested for the solution of this second question and for the material advancement of the work contemplated by the first. Most country roads, and many streets within the corporate bounds of cities and villages, may be largely improved by the use of a material which can be produced by the employment of unskilled manual labor. I refer to the broken or crushed stone commonly employed in the making of telford and macadam roadways. Assuming now that many of our prisons are so situated as to be within accessible distance of good stone quarries (which is, in fact, the case), how can we employ our prison labor in the making and distribution of this road material so as to distribute the benefits equitably among the districts near and remote?

Of course a suitable plant for the economical production of good broken stone and its assortment into different sizes should be erected at the expense of the State, and good railway connection, together with a proper equipment of freight cars, must be provided to handle and deliver the material as fast as needed.

This being done, the question of distribution is next in order. The material having been produced at the expense of the State at large, an expense of which each town, near or remote, shares its burden according to the value of its property, it is manifestly proper that each town should receive the road material produced by prison labor at a cost equal, as nearly as possible, to that paid by other towns for similar benefits; for example, Montauk is 150 miles from Sing Sing Prison, while the town of Sing Sing is, say, 1 mile, and if the cost of transportation by rail should amount to 1 cent per ton per mile and the cost of production of road material at the prison should be found to be $1 per ton, it would be manifestly unfair to charge the Montauk consumers $2.50 per ton for material delivered at Sing Sing for less than half that sum. If, however, a uniform price of 75 cents per ton should be added to the cost of production ($1), thus requiring these two towns each to pay not the actual but the average cost of material as delivered at both places, a principle of equity would be followed in which the benefits and burdens would be justly bestowed and general satisfaction insured. In a similar way intermediate places could be served and the price made the same to all localities. I have used the illustration as an illustration merely. The perfection of the general plan of course involves extended and careful computation, so that an average might be determined which should be observed in fixing a uniform price for this material to consumers in all parts of the State.

But the question may arise, would not the indiscriminate distribution of road material in this manner induce some town officials to take advantage of terms which might be to them peculiarly favorable by "laying in" an undue quantity of this material? The price, of course, would have to be pitched at a reasonably low price in order to secure its sale at all, and the suggestion that this price might be taken advantage of by the remote towns to the detriment of the towns near at hand may seem to be pertinent.

Of course it is always difficult and generally impossible to conduct public business with exact equity to all concerned, but I believe that a very simple provision might wholly insure the fair distribution of road material from prison centers without undue favor to any of the towns benefited by its operation. It is this: Let record be made of the number of miles of public roads in each town (exclusive of streets of incorporated cities and villages), the number of inhabitants, and the value of assessed taxable property. Upon the basis of one or more of these factors, as may seem best, let there be determined the number of tons of road material to which each town shall be entitled; it being, of course, optional with each town whether it shall receive and use any of the material thus set apart. This question being decided, the State authorities (or the authorities of each prison district) should cause a circular letter to be sent to the town clerk of each town, giving public notice that there will be held for a certain fixed period, subject to the order of that town, a certain number of tons of road material, stating the price thereof, and that if no answer or requisition is made for said material or any part of it, then the

material not required shall not be available for the use of that town, but may be distributed by some equitable rule among such towns as have signified their need for greater quantities than those fixed by their regular allotments.

Besides the enormous advantages which the operation of this system would bring to the many towns that are now demanding improved roads, it would offer unquestioned advantages in the settlement of the prison labor question and operate strongly to the industrial benefit of the convicts employed. The variety of workmanship required to produce good road material would call into activity the trained and skilled convicts, and others would be educated to the accomplishment of work of which they have heretofore had little or no knowledge. This work would include the quarrying of stone, the care, management, and erection of machinery, the making and repairing of cars, tools, etc., and the performance of other labor which has no relation to the employment of free citizens. In view of the lively interest now shown in the general movement for good roads it is in no way likely that our prison labor would be able to supply a quantity of broken stone which should exceed the demand, while from a business point of view the profitable employment of this labor by the State would not only tend to largely wipe out the deficiency annually shown in our prison accounts, but a plan would be insured by which every town in line of railroad or canal communication would secure an excellent quality of road material at a less price than it could be obtained in the general market, and without investing in the purchase of expensive stone breakers and similar implements.

Any method that can be put into practice by which our criminals may be usefully employed has a tendency to serve the community at large, and this is especially true if the method has the additional merit of teaching industry, mannal skill, and public economy. If it were also provided that each discharged convict should, as a reward for good conduct and industry, receive some substantial compensation to enable him to make a new start in life, there is little doubt that society would be benefited both financially and morally. I am sometimes persuaded that a prison may safely be looked upon in most cases as a kind of hospital or asylum in which many inmates are afflicted by an inherited predisposition to crime and whose prison life is largely the result of that unfortunate circumstance which we sometimes illustrate by saying that the free and rich unfortunate is born with a silver spoon in his mouth and his poor convict brother with a wooden ladle.

The following is the new road law of Delaware (chapter 670, 1893):

THE NEW ROAD LAW OF DELAWARE.

Within two years from and after the passage of this act the levy court of Newcastle County are authorized and directed to secure, by purchase or condemnation, as hereinafter provided, a stone quarry along the route or within convenient reach of a railroad in Newcastle County, the stone in said quarry to be of a character suitable for being broken into macadam. That the said levy court, within the time specified, shall advertise bids and proposals, and grant to the lowest bidder the contract for the building of a suitable structure for confining prisoners, the same not to exceed in cost the sum of $20,000.

SEC. 2. It shall be and may be lawful for any court in Newcastle County having competent jurisdiction in the matters of obtaining money under false pretences, pointing a deadly weapon, carrying concealed a deadly weapon, gambling, lottery, policy writing, assault and battery, assaults, drunkenness, disorderly conduct, and vagrancy, and of such other crimes, the punishment for which, in the discretion of the court passing sentence, should be hard labor, to sentence any male person or persons convicted as aforesaid to imprisonment in the workhouse of Newcastle County at hard labor in the quarry aforesaid, in addition to the penalties prescribed by law; provided, nevertheless, that such imprisonment at hard labor for drunkenness, disorderly conduct, and vagrancy shall not exceed sixty days.

SEC. 3. It shall be the duty of the superintendent of the workhouse hereinafter provided for to receive all persons who may be sentenced under the provisions of section 2 of this act and keep them at hard labor as herein provided.

SEC. 4. That all beggars and vagabonds who roam abont from place to place, without any lawful business or occupation, sleeping in outhouses, barns, market places, sheds, and in the open air, and not giving a good account of themselves, shall be deemed vagrants, and liable to the penalties of this act.

SEC. 5. Eight hours shall constitute a day's work at hard Jabor, and such hard labor shall be performed between the hours of eight o'clock in the morning and five o'clock in the evening. No person sentenced under this act shall be exempt from said labor except through physical inability properly certified to the superintendent of the workhouse by the jail physician. Should any prisoners prove refractory and stubborn, and refuse to work or perform his or their work in a proper manner, the superintendent of the workhouse shall have power to place such prisoner or prisoners in solitary confinement, there to be kept on bread and water until he or they shall submit to perform his or their tasks and to obey his orders. Every action of the superintendent under this section shall be reported immediately to the jail commissioners, who shall have power to revise the same.

SEC. 12. The commissioners of the jail and workhouse shall have power to make rules for the government of the workhouse and all persons connected therewith, for the cleanliness and health of the prisoners, and for the employment of convicts; they shall have power to order fuel and bedding, to furnish working tools, materials, and fixtures for the workhouse, and, when directed by the levy court, they may purchase such stone-breaking machinery as the said levy court may deem proper and expedient, and to erect such buildings and walls as may be ordered by the levy court. SEC. 13. Should the levy court fail to secure the quarry aforesaid by purchase, then they shall proceed to secure some suitable quarry by applying to the court of general sessions of the peace and jail delivery of the State of Delaware in and for the Newcastle County for the appointment of five suitable persons, who shall go upon and view the premises selected by the levy court aforesaid and proceed to condemn the same under the law and in the manner provided for the condemnation of land for road or county purposes in chapter 60, Revised Code of the State of Delaware.

SEC. 14. The stone shall be broken so that it can be used for road macadam. The stone so broken shall be divided among the several hundreds of Newcastle County making demand therefor and upon payment by such hundreds of the costs of transportation.

The division shall be made in the following manner, that is to say, should tho supply exceed the demands of the several hundreds, the said hundreds shall be entitled to receive any quantity that may be ordered by the road commissioners thereof, or the street and sewer department of the city of Wilmington, and the transportation paid therefor, and if in the judgment of the commissioners of the jail and workhouse the supply of stone is much in excess of the demand, they may, after sufficient advertisement, sell the same or a part thereof at public sale, and turn over the proceeds therefrom to the receiver of taxes and county treasurer of Newcastle County. Should the demand for stone from the several hundreds be greater than the supply, the stone shall then be equally divided between the several hundreds, car load at a time, until the orders of the several hundreds are filled and the (supply of) stone exhausted. The superintendent of the workhouse shall superintend and manage the breaking of stone, the loading of cars, and the filling of orders of the several hundreds, or purchases at public sale, and he shall receive all payment therefor, and settle with the county treasurer on the first Monday of every month; such settlements shall be audited by the comptroller of accounts of Newcastle County.

SEC. 15. The road commissioners of any hundred in Newcastle County, or street and sewer department of the city of Wilmington, making demands for stone and receiving the same, shall select one certain road in their hundred to improve, and they shall complete the improvements thereon before stone is put on any other road. The road shall be graded, macadamized, piked, or otherwise improved by means of stone, for a width of at least 12 feet, whenever such improvement may be required to keep the same constantly in good condition. The improvement of the roads by means of stone, as aforesaid, shall be, as far as practicable, continuous along the entire length of the road.

The following, by Gen. Roy Stone, is from New Roads and Road Laws:

WORKING CONVICTS ON THE HIGHWAYS.

There are three sides to the question of working convicts on the highways, or rather two sides and a broad middle ground. The negative side is taken by the Prison Association of New York and by penologists generally, and is defended by the New York society in this language:

"Touching the proposed law, entitled 'An act to provide for the employment of convict labor on the wagon roads of this State,' the following resolution was unanimously adopted by the executive committee of the Prison Association of New York:

"Resolved, That this association most emphatically deems the employment of convicts upon the public roads as demoralizing alike to the public and the convicts themselves, and that the corresponding secretary be instructed to reply to the communication of the New York State Board of Trade an expression of the opinion of this association.

"There were present at the meeting of the executive committee Messrs. Edward B. Merrill, James McKeen, Lisperard Stewart, Felix Adler, John R. Thomas, Benjamin Ogden Chisolm, Frederick G. Lee, and the corresponding secretary.

“There was a full expression of opinion, and previous utterances of the association on the subject were brought before the meeting. The feeling expressed was"1. That such employment of convicts would as seriously interfere with labor outside the prisons as any other form of convict labor.

2. That the State convicts could only be employed on State roads, unless there was a violation of the law which prohibits the employment of convicts under contracts. If the counties employed them they would be obliged to make a contract with the State for them.

"3. That a very large body of keepers would be required to prevent escapes; that escapes would frequently occur, and that there would be a constant necessity for shooting convicts in order to prevent their getting away. There would soon be a death rate among our convict population approaching that known to have existed among the convicts of the South who were employed on public works.

"4. In many cases the prejudice against convict labor would require a military force to protect the convicts who were at work.

"5. (a) It has been found a hardening and demoralizing process to the convicts themselves to employ them in public places; (b) and it has been found by penologists to be a demoralizing process to the public at large to see this daily spectacle of shame.

"These are but a part of the reasons advanced for a protest from the prison association of New York upon the passage of this bill. I am sure that an investigation will show you that this decision is fully in harmony with that of the most advanced penologists, not only of this country, but of the entire world."

This is a view of the question natural to men whose minds are fixed on the need to society of the reformation of criminals. Opposed to it is the opinion of many equally good citizens who seek the public good in other ways, and especially in the direction of improved means of communication, and who see in the multitude sup