LETTER OF TRANSMITTAL. UNITED STATES DEPARTMENT OF AGRICULTURE, OFFICE OF ROAD INQUIRY, Washington, D. C., April 1, 1895. SIR: I have the honor to transmit a compilation of various laws, treatises, and notes on the subject of employment of convict labor in connection with highway improvement. There is great inquiry for this information, and I respectfully recommend the publication of this compilation as Bulletin No. 16 of this office. Very respectfully, Hon. J. STERLING MORTON, Secretary of Agriculture. ROY STONE, Special Agent and Engineer. CONVICT LABOR IN ROAD BUILDING. The following is from Prof. J. A. Holmes, State Geologist for North Carolina and Secretary of the State Road Association: THE USE OF CONVICTS IN ROAD IMPROVEMENT IN NORTH CAROLINA. The use of convicts on public roads has been so intimately connected with the growth of the road movement in North Carolina that it deserves some special mention in this connection. Even prior to the first adoption of the Mecklenburg road law, the general assembly of the State had made provision (1867, 1873, 1875, 1877, 1879, and later, in 1889) for the use of convicts in case any county should desire it. But little was done in this direction, however, until the work was begun in Mecklenburg County. From that day down to the present the use of convicts has been an essential feature in Mecklenburg and in the majority of the counties of North Carolina which have joined in the movement. Indeed, this use of convicts has in the majority of cases been the most important factor in deciding these counties to vote a tax for the improvement of the public roads, and the result of the experiment in this State has been altogether favorable to the system, both in point of efficiency and economy and in the health of the convicts. The returns from eighty counties in the State show that the average cost of convicts when they are confined in the county jail is a little more than 30 cents per day; whereas the average cost per day per convict, including feeding, clothing, medical attention, and guarding, when they are employed on the public roads, is as follows in several of the more prominent counties: Mecklenburg, using 80 convicts, 20 to 22 cents per day; Wake, 57 convicts, 20 cents per day; Durham, 40 to 50 convicts, 17 to 20 cents per day; Cabarrus, 20 convicts, 42 to 45 cents per day; Buncombe, 65 convicts, 35 cents per day; Alamance, 22 cents per day; Davidson, 20 cents per day; Forsyth, 25 cents per day; and Lenoir, using from 10 to 15 convicts, 15 cents per day-a general average of about 24 cents. In the case last mentioned (Lenoir) only short-term convicts are employed. In all cases these convicts are carefully described and photographed. They are offered certain inducements in the way of reward or shortening of term if they remain at their posts and faithfully discharge their duties. And with this they are employed on the public roads very much as hired labor would be, under the control of a superintendent or foreman, but without any guard, and they are allowed to remain at their homes from Saturday night to Monday morning. This novel experiment has now been in operation for a year, and not a convict has attempted to escape or declined to labor faithfully, and the result has been a decided improvement in public roads. An examination of the records of all the counties that are using convict labor on the public roads shows that but few convicts have escaped; that the health of the convicts has been much better when at work on the road than when formerly imprisoned in the jail; that their labor has proved much more efficient than that which can be hired in the country at ordinary prices of from 50 to 75 cents per day; and that, as these figures show, it not only costs less to use the convicts on the public roads than it does to employ hired labor, but that, furthermore, it costs less to maintain these convicts when at work on public roads than when confined in the county jail. The following road law of North Carolina was enacted March 7, 1887: NORTH CAROLINA ROAD LAW. AN ACT to provide for the working of certain convicts upon the public roads of the State. The General Assembly of North Carolina do enact : SECTION 1. That 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 shall be lawful for, and the duty of, the judge holding court in such counties to sentence to imprisonment and hard labor on the public roads for such terms as are now prescribed by law for their imprisonment in the county jails or in the State prison the following classes of convicts: First, all persons convicted of offenses the punishment 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 penitentiary for a term not exceeding ten 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 insolvents who shall be imprisoned by any court in said counties for nonpayment of costs in criminal causes may be retained in imprisonment and worked on the public roads until they shall have repaid the county to the extent of the half fees charged up against the county for each person taking the insolvent oath. The rate of compensation to be allowed each insolvent for work on the public roads shall be fixed by the county commissioners at a just and fair compensation, regard being had to the amount of work of which each insolvent is capable. SEC. 2. That the convicts sentenced to hard labor upon the public roads, under provisions of section one of this act, shall be under the control of the county authorities, and said county authorities shall have power to enact all needful rules and regulations for the successful working of all convicts upon said public roads: Provided, The county commissioners shall have power to work such convicts on the public roads or canaling the main drains and swamps. SEC. 3. That nothing contained in this act shall in any way affect, interfere with, or diminish any convicts granted or assigned to any railroad or other work of internal improvement, either by contract executed prior to this act or granted or assigned by any prior act of this general assembly. SEC. 4. That in all cases where the judge presiding shall be satisfied that there is good reason to fear that an attempt to release or to injure any person convicted of any of the offenses mentioned in section one of this act, class second, it shall be lawful for the judge to sentence such convicts to imprisonment in the penitentiary, as is now provided by law: Provided, That no person who has been convicted and sentenced of a charge of murder, manslaughter, rape, attempt to commit rape, or arson shall be assigned under this act. SEC. 5. That in addition to the convicts mentioned in section one of this act, the board of directors of the penitentiary is authorized and directed to furnish to the authorities of any county within the State convicts not exceeding twenty-five in number during any one year for the purpose of working in the public roads in said county. The said convicts shall be at all times under the supervision and control, as to their government and discipline, of the penitentiary board, as in case of hiring convicts to railroad companies. Any county applying for convicts under this act shall erect suitable stockades for their safe-keeping and protection, and shall pay the expense of their transportation from and to the penitentiary. |