outside the walls the wonder(7) CONVICT LABOR. red into between ex-Governor ate, and Messrs, Ward, Dewey . the labor and general manage- from. the State to those gentle- ver. to the supervisory control of the nd myself. The convicts are employed der the contract on the part of th ., the present I ment of the convicts nt) In_the various industries in and around the prison proper .. 76 In agriculture making on the Lake Jackson and Patton plantations, in Brazoria county . B14 Inagriculture on the Alston farm, in Walker 7 At the Prison Tannery, in Walker county On the various railroads Most of those employed in agricultural pursuits are the negro convicts, and the same is the on the railroads, the whites being largely in the majority in the shops and about the prison, “After much thought and careful observation, I am convinced that no better disposition could. possibly be made of the convict labor. I have visited all the detachments at a distance from the Penitentiary regu- larly, and made a thorough inspection of the labor required of the convicts, and in no case have T found onerous or ex- ive tasks imposed, and, but for the prison garb, there ble difference between them and free men en- gaged in the same kind of labor, except that the convict seems better clothed, fed, and in better health. MANAGEMENT AND DISCIPLINE, That which will at once attract the attention of the visitor to our prison ig the entire absence of snllenness and des- pondency among the convicts, and their cheerful and con- tented appearance. ‘this is mainly due to the admirable system introduced by Colonel A. J. Ward, the resident lessee and manager, who has brought a long and thorough prison experience’ to bear upon the material confined here, with a success which has far exceeded the mrt sanguine expectations. He has adopted what is known as the “Crofton system,” which is at present largely in use both in the’ prisons of this country and Europe,Report oF Financtat AGENT. 109 “Hon, W. M. C. Hill, Financial Agent, Huntsville, Texas. Dear Sm: Herewith I hand you reproduetion of the report asked for in your favor of the 16th inst. in the fall of 1900, the Penitentiary Board ordered me, through your ofl, 10 open negobietions for the purchase of all timber on lands slong the proposed route of the State railrgad, from its terminus, about four- teen miles from the prison, to the Neches river L immediately set to work for that purpose, in person and by represent- ative, asking offers on the lands in question. ’ Later. I advertised in Rusk popers for the same purpose, | also secured the assistance of Judge Jas. P. Gibson, former Aseistant Superintendent of this penitentiary, for examination of titles and other legal work. At the very beginning, how- over, | was confronted with the fact thet these lands were heing acquired, and, in fact, were all acquired, by a Mr, Knox, a eapitalist and lamber- man of Michigan, through his agents, Judge F. B, Guinn and H. B. Guinn, the latter, then as now, county surveyor of this county. In your letter of the 10th inst. you ask for a copy of the advertisement placed (I give the same herewith) aud a report of repiies to the same, together with prices at which lands were offered. I never received a reply, and for obvious reasons already stated. I was unable to purchase a single acre of the lands in question, ‘and so reported, at the time, to the Governor, the Chairman of the Penitentiary Board and yourself. ‘Yours very respectfully, (Signed) W. M. Lacy, Assistant Superintendent.” Referring to Mr. Laev’s letter in regard to purchase of timber by Mr. Knox, I would state that Mx. Knox came before the Board, through his attorney, Judge Guinn, and stated that he would give the penitentiary Syst all the laps ond hard-wood timber growing on the land he had purchased on the proposed extension of our road, provided we would haul all logs or stocks to his mill at or near the junction of our road with the Cotton Belt Railroad, also the output of his mill to the same junction After a careful consideration of thé proposition, the Board declined the proposition on account of the limited menns at our command and hecause ve could not handle Mr. Knox's business without a heavy outlay and still haul wood for the maintenance of the furnace at Rusk, and, further- more, it was discovered that the characte# of the wood offered by Mr. ‘nox would not make good charcoal. |.sicr on Jucige Perkins came before the Board representing a committee of citizens of Rusk. composed of the following named genltemen, Frank B, Guinn, Jas. P. Gibson, J. W. Sum- mers and Jas. I. Perkins, representing Rusk and the I. & G. N, R.R., proposing to buy the State’s railroad for $22,000, which was refused by you on the following grounds 1. To sell said road would close down the iron industry at once and permanently. 2, Because we considered thot the road was worth at least three times as much as they offered. 3. Because the Board did not deem it just and fair, representing a State institution and the people, to pledge the freight of the penitentiary at Rusk to any particular railroad. Following is the correspondence from Judge Perkins to the Board, viz:u PENITENTIARY REPORT. ware, ete.. ete. These industries may be inaugurated and grad- ually developed, so that in a few years employment may be found for all the convicts for which the prison has capacity. To inaugurate such an enterprise, less money would be re- quired than to stock a first class wagon shop with material for ‘one year. If the furnace be successfully operated, as I feel sure it can be, then preparation should be made to start at once some, if not all the industries suggested. To do this, a liberal appro- priation should be made, say of $100,000, to purchase timber for coaling purposes, teams, and necessary machinery for each in- @ustry. ‘Theré is a fine lot of wood machinery on hand, suitable for the purpose, and in due time a car factory might be started for flat and box cars, The costliest item of pig-iron manufacture is charcoal. We have on hand now about 300,000 bushels, worth $18,000—a sufficiency to run the furnace three months. In case it is deter- mined to run the furnace on State account, proper prudence would demand (hat several thousand acres of timbered land bo secured for charcoal purposes. The most: serious drawback existing at present to the suc- cessful operation of the Rusk penitentiary is the want of proper railroad facilities. A standard gauge road is badly needed, and it would be good policy that inducements be offered to some of the projected roads to build Husk: or to he International, to extend a tap in that direction. The prison is now connected with the outside world by only a single line of narrow gauge road, and transferring freights to and fro is a very serious and costly matter. With a standard guage connection there is no reason why this penitentiary cannot be more successfully operatic’ than the one at Huntsville. Its cell capacity is greater than at Huntsville. There is more shop room and the shops are larger and better ar- ranged, The water supply is better. The machinery is equally * es good if not better, and ip short t, is superior fo the Huntsville penitentiary in all its appointments, and although it is nearer the eastern boundary of the State, it is more accessible to two-thirds of the State than is Huntsville. It ought very soon to be determined as to what shall be done with this penitentiary and convicts. There are now nearly 600 convicts there. Since the surrender of the Comer & Fairris con- tract we have employed them as best we could, but have found no remunerative employment forthem. A portion of them have been btilized in eutting wood for coal, and io burning the wood aken in settlement from Comer & Fairris into coal.REPORT OF SUPERINTENDENT. 15 make deliveries at the nearest penitentiary, and the men had to be re- distributed to the forces where ‘hey were needed, which is now obviated. HUNTSVILLE PENITENTIARY. ‘The penitentiary at Huntsville is under the immediate supervision of the assistant superintendent, J. G. Smither, whose report is made a part of the general report, and reference is made thereto for a minute detail of all the operations for the past two years. The Financial Agent’s report will also show how the several indus- tries of this prison, as well as the prison at Rusk, have succeeded. This being the first penitentiary esialicshod in the State, 1: consequent- ly has a great many more manufacturing industries than are at the Rusk prison, as will be fully shown by an examination of the several reports connected herewith. For this reason I deem it unnecessary to deal in de- tails, as it would only be a repetition of what has been shown in other reports. ‘The mortality of this prison has shown an inerease of {en deaths for the two years, a8 compared to the two years previous, but this is account- ed for by the fact that there has been, during almost the entire period, a greatly increased number of prisoners kept at the prison; besides, the location of this prison is such that nearly all of the sick and disabled men are transferred here for medical attention and treatment from outside camps, farms and railroad trains, and the deaths of this class of our hos- pital patients are not really chargeable to the population of Huntsville proper, but, of course, must be shown somewhere, Reference is made to the report of Dr. R. H. Bush, physician at Hunts- ville penitentiary, for details as to the diseases that have prevailed, treat- ment, surgical operations, ete., during the past two years. Dr. Bush is a very attentive, faithful and intelligent officer, and has discharged the duties incident to his position in the most commendable manner. Dr. H. May, who was appointed by Governor Culberson to succeed Dr. Jeff D. Ray, the appointee of Governor Hogg, who resigned two years ayo, proved to be a most zealous chaplain, earnest and conscientious in the discharge of every duty, but, unfortunately, his health was in such a condition that he was only permitted to continue his services for a short time, and Dr. Massie, pastor of the Methodist church at Hunts- ville, kindly volunteered his services as chaplain, and proved most satis- foctory in every respect, until the untimely death of Dr. May, which was regretied by every individual connected with the prison, as he gave prom ise of making a brilliant record as chaplain. Upon the death of Dr. May, Dr. Kennedy, the present chaplain, who had previously been chaplain of the prison for many years, and given entire satisfaction, was reappointed by the Governor, to the gratification of all concerned. Dr. Kennedy is an able and earnest man and has demonstrated the greatest interest in all matters connected with his office, looking after the spiritual welfare of the prisoners, consoling and ministering ‘o the sick and dying, anc has taken a special interest in the school, which is progressing nicely un- der his direction and assistance.Pesirevtiany Rerorr. 45 be repaired, such as tin roofs, etc., some of these will have to be substi- tuted with new ones before ancther year, and at a pretty heavy expense, as they are on large buildings. We have made new improvements and accamulated property, such as new machinery—brick stable, dry house, colion shed, pasture ‘eneine, wood land and timber bought-- ica will be shown by the Financial Agent’s report to amount to $13,425, 85. We have on hand now, inside the walls, in finished goods and mate- rial, belonging to our three principal departments, as will be shown by the Financial Agent’s report, property to the amonnt of $60,104.05; as against $23,211.00 in same departments in former report—or an increase of $31,893.05, whiel is paid for, and adds that much to our assets, The two combined give a cash increase in value to the prison of $45,318.90, and do not include increase of live stock (by purchase) and the enclosing of several hundred acres in pasture at the State farm, which will be shown in Major Braban’s report. The spiritual wants of the prisoners have been under the care of Rev. ‘W.L. Kennedy (see his report), who has attended faithfully to his duties, as defined in General Laws, Seventeenth Legislature, Chapter XLIX, page 45, sections 41 and 43; and has given, probably, as much time to visiting thom as is expected in section 42, amd as the meagre salary paid wit justify. You will observe that section 42 says: “He may at convenient times visit convicts, during their hours of license, during weeks days, and also in the hospitai and at their cells, and administer to all such advice and consolation as he may deem best calculated to promote reformation.” I weuld respectfully suggest that this clause above quoted be amended by substituting the word “shall” for the word “may,” and that the salary of the Chaplain be increased to such amount as will compensate him for this very important addition to his present duti The library, under the charge of the Chaplain, is still cared for by life convict J. E. Kennedy, and although in feeble health he is always at his post, and takes excellent care of the books, seeing that they are cir- culated and that none are lost or abused. I heartily join the Chaplain in his recommendation of the appropriation of “an additional amount for library purposes.” No one except a personal observer can appreciate the comfort these people derive from this source, and where the books read ore judiciously selected they can do no harm, bot must do good, To those friends who have contributed literature of any kind we return our grateful thanks, The hospital at this prison still remains under the charge of Dr. R. H. Bush, A large majoniy of the sick of all the outside forces ore sent here for treatment, which brings additional labor and care to the phys cian in charge, and grealy augmente our hospital report. Most of the medicines compounded for outside forces is also done here by direction of the physician. The sick received from outside forces in the last eighteen months have not been of so bad a type as those received heretofore; thereby showing that they have had better attention at the camps, and were sent in before disease became too aggravated, This is one of the principal reasons, I think, why our death rate report is only forty in the last two years, whereas it was seventy in the previous report. For the above reasons, I desire to repeat_ my recommendation made in last report, “that the salary of the prison Physician at this place be in- creased to not less than $1200 per annum, and that he be required to16 TEXAS STATE PENITENTIARIES, WYNNE FARM. ‘This farm, situated two miles west of the Huntsville penitentiary, is ‘owned and operated by the State, and supplies the prison with fruits and vegetables in great quantities almost the entire year. Captain J. B. Ab- ercrombie has charge of thie farm and has proven an able and successful manager, Its gardens are an indispensable source of supply to the prison. ‘The land is not very fertile, nor well adapted {0 (he cn). vation of cereals and cotton, although a small amount is produced annually. This farm, in connection with the Johnson farm, however, raises nearly enough cot- ton to supply the prison with the cotton used in the manufacture of the cotton clothing for all the convicts. RUSK PENITENTIARY. ‘The report of Assistant Superintendent James P. Gibson, in charge of the Rusk penitentiary, which is embodied in this report, is very full and complete; consequently, I shall mention only such details as I deem ‘of greatest importance. ‘The question of fuel has been and is now the great question in oper- ating the iron industries successfully at Rusk. Since my connection with the penitentiary management, charcoal has heen burned or procured from sixteen to twenty-four miles south of Rusk, on the Southeastern Railroad, To make myself better understood, will say that when the dlast furnace was erected in 1882, the wood which was used for coaling purposes was procured near the furnace or prison. But, as the supply was exhausted, we were compelled to go further, and in this way our camps were moved from time to time until we were bringing the coal supply twenty-four miles. ‘This was very expensive, entailing an expense in freight on coal alone of $35 per day. 'T'his expense could be better borne in days past, but the great falling in the prices of iron and other manufactured produets necessitated some change by which the cost of producing might be reduced. Looking to this important object, we have constructed and have in operation about cight miles of railroad, in a westerly direction from the prison at Rusk. We have also purchased 1721 acres of timbered lands for wood and conliny jnrposes on the line of the State’s railroad, thereby making a great savin daily in freights, We now bring our wood from a camp established at tse terminus of the State railroad, Incidentally, I mention that this road is lieing Iuilt in the direction of the International and Great Northern Railroad, in the hope that at eome time a connection 22y be mace. We have also made a change in the mode of burning or carbonizing wood. We have erected eighteen brick coal ovens or retorts, in which wood is reduced to charcoal. ‘The capacity of these ovens is about 4500 bushels of coal per month. In addition to these. we have constructed and have partially in operation a kiln or device known as the Anderson process of carbonizing wood and saving the by-products, such as tar, twr- pentine, cfc. This is an experiment, but, should it succeed, there is no question but that it will materially reduce the cost of coal. The great obstacle in the way of the manufacture of iron in this State is obtain~64 TEXAS STATE PENITENTIARIES. cess and furnish us with « much beller supply of ehareoal for all owe purposes than heretofore, and at about one-half the expense, by reason of the fact that we save all freights in transporting the coal, and the fact that they are at the prison here enables us to conduct them at a much Jess expense for guard service. ®. We have also constructed @ -product reiort for the making of charcoal and utilizing the other products obtained from wood. This re- tort has but recently been constructed and has not yet been sufficiently tested to state positively what it will amount to, but the present indica~ tions are very favorable, and I believe that this method of making char- coal, and also utilizing the by-products of the wood, should eventually supersede all other methods of making charcoal at this prison if further tests prove successful, 5, At a very nominal cost we have converted the old pipe foundry building into a fire brick plant, making use of a second-hand engine and line of shafting we had on hand here which we were not using in con- nection with any other industry, and the bricks produced have been ap- parently up to the standard and very satisfactory for all our purposes. 4, We have also made extensive repairs on the furnace and hot blast, which had been in use for five or six years without any repairs whatever, and the long continued use had made this work necessary. We have en- tirely relined the furnace with fire brick, and reconstructed the hot blast apparatus anew, and the same are now in perfect condition. yuring the past two years covered by this report the Jim Hogg pipe foundry has been in operation 410 days, and produced 5838 tons of cast iron water pipe, a daily average of 14 49-205 tons, which average is slightly over two tons per day etter than the average for the previous diennial period. During the same period, the Old Alcalde blast furnace has been in op- eration 315 days, and produced 6406 tons of pig iron, a daily average of 20 94-315 tons, which is about two tons per day less than the average for the previous two years, owing to the fact that the capacity of the furnace was reduced by reason of the condition of same, which has now been remedied. In May, 1895, it became necessary for us to have a wood camp in this vicinity to supply the prison with wood and to furnish logs for the saw- mill, and we established a camp at Woodlawn farm, about five miles west of the prison, originally as a wood camp, but as the land was cleared we decided to utilize it for agricultural purposes also, and did so with ver favorable results. In 1895 we produced about 3000 bushels of corn, ant this year about the same amount, besides a good crop of potatoes, peas and other table vegetables for the use of the men. ‘As tho available supply of timber for coaling purposes was about ex- hausted at the old coaling camp at Wells that which remained being s0 scattered that we could not economically make use of it, it became necessary to establish another coaling camp, which we did in May of this year at Camp Rice, about eight miles from the prison, and in September transferred all the movable appurtenances at the old coaling camp to the walls, where they have been distributed to the best advantage, and the old coaling camp at Wells has been abandoned, Camp Rice taking its place. The old track of the State’s railroad at Wells was taken up and the iron shipped to Rusk, where it was used in the extension of our roadera Th : 1 is sunk here, contract forces \ second class 69) Crop of 1887 (first year). - Crop of 1888 Crop of 1889 Crop.of 1890 Crop of 1891 Crop of Crop of Crop of Crop of Crop of Crop of 1897 Crop of 1898 Estimated value of erop on hand and unsold, | 76,486.00. the hands on the share system,Penrrentiary Report. 75 success so far in these industries is due largely to the skill and energy displayed by them inthe management of their shops. RUSK PENITENTIARY, Major Thomas J. Goree has enlarged so fully upon the workings of the iron furnace and foundry at the Rusk penitentiary that there is but little left for me to say in reference to these industries, further than to heartily endorse and approve all he says and join in his recommendations. InJanuary, 1885, we entered into a vontract with the K. & G. 8. L. R. R. Co, to build twenty-two miles of railroad for them, commencing near Alto, Cherokee county, and connecting at Lufkin, Angelina county, with the H. E, & W.T. RR. This work was commenced in February and finished in November, 1885. The total expenses of feeding, guarding and clothing convicts, building prisons, the purchase of teams and forage for same, tools, etc.; in fact the total expenses connected with the whole work was $49,608.68 of this expense, $7521.31 was for mules and tools, which we still have on hand and in use at the Rusk penitentiary. We received from tbe railroad company $54,686.48, making a net cash profit in the work of $5047.78, and mules and tools on hand at the completion of the work to value of $7521.31, making a total net profit on the work of $12,569.09. Owing to the extreme wet spring of 1885, and the loss of time incident to bad weather, and the heavy expenses of migratory camps, like railroad construction camps always are, our profit on this work was not as much a3 it should have been, Major Goree, in his ro- port, has given you the details of the contract with Mr. Gus Wilke for making the cast iron columns for the State capitol. Our contract with Mr. Wilke was for these goods delivered in Austin, We have delivered on this contract up to November 1— Castings to the amount ‘ $16,226 68 Sesh paid by Mr, Wille $9,900 73, Freights paid by ‘Mr. Wilke. 1,764 50 11,748 28 Leaving balauce due November 1, 1886. $4,481 85 Under the contract made with Mr. Wilke, he was to pay us on the fif- teenth of each month for the castings delivered in the previous month, lesa 15 per cent, to be reserved until the completion of the contract. Thero is now no doubt about the workings of our iron furnace and foundry at Rusk, ‘The quantity of ore is inexhaustible and easy of uocess, and the quality of tho ore is, as shown by frequent analysis, greatly above the Synge of the ores sucessfully and profitably vor!o oy other ‘urnaces throughout the United States. ‘The question of wood supply for mak- ing charcoal, and lime tock for fluxing purposes, are the most serious obstacles we will have to contend with. We bought 2298 acres of timbered land just boloy Alo, on the Nine of te HGS La valtroaty where our coaling camp is at present locaved. ‘The timber on this traot of land will be exbansted in twelve months more. The next Legislature Sool make Wberal appropriations 10 boy up large quant ves of timbered land for cosling purposes, wie sic) ans oon oe had at reasonable figures. It would be wise policy for the State to purchase sufficient tim- bered land to furnish from five to ten years’ supply of coal, These lands are gradually advancing in price, and in a few yeara to come it will be Sificnlt to get them at any price; and it should always be borne in mindforces hired to railroad companies, while the land is poor, time Deen a source ‘of profit These farms can 00! be kept busy profitable to some ex- tent Cash expended for improvements, ete., Cash expended for improvements, etc., Cash expended for improvements, ete., Cash expended for improvements, et 2 836,440 29 anet gain of $157,674.81. the condition of business ‘a satisfactory showing.16 Te: as StaTe PeNiTENTIARIES. CAMP WRIGHT, This camp is situated about ten miles from Rusk prison, and was formerly known as Camp Searcy Baker place. It is located in a very heavily ‘timbered country, consisting mainly of the hanl yoods as well os a large supply of pine timber. This camp yes instiiuied for the purpose of building a railroad from Rusk to Palestine, to be known as the Stato railroad. As 9 port of this camp there is @ eawmill erected, wherein is ent all the timber employed in the construction of the road. as well as serving to supply material to other places in the system where timber 1s needed in ‘Tie construction of buildings, and w supply tics for the building of bridges, ote., im the State's service. Camp Wright is under the immediate charge of Sergeant A. K. Addison, who has a force of approximately 350 conviets, who are en ployed both in the construction of the State railroad and in sawmill at the camp. A full report of the construction of the State railroad, a: well as of the other data pertaining to it, wtll be found in Superintendent Durham’s report. SUGGESTIONS AND RECOMM DATIO My biennial report in toto has been an advocacy of the abolition of the lease system, and 1 have under the different’ captions endeavored to show, both by figures and explanations, the grounds whercon I have seon fit to discourage a further practice of the system; however, I fully realize that this question is confronted by innumerable points of oppo- sition, mainly of which is the financial condition of the system, which necessarily forbids the purchase of any more lands for cultivation pur- poses, or the acquirement of needed additions for the enlargement of the several industries within the walle. Be this as it may, it behooves me to suggest to your honorable body that some course be outlined and adopted wherein the penitentiary sytem may be enabled to make fur- ther purchases of lands, and tho payments thereon be settled by a part of the crops cultivated from these land purchases. I would ask that vou give this subject your careful consideration, and that you inquire into and investigate the feasibility of securing more lands. IN CONCLUSION. T have endeavored in this, my first biennial report, to touch in as brief a manner as possible upon the main subjects connected with the penal institutions under my charge, and have endeavored in this report to show the exact standing of the Texas State penitentiaries, with re spect to its physical condition; that pertaining to the financial status of the system you will find detailed in the Financial Agent’s report. I desire to express my sincere appreciation to Hon. J. W. Wright. Financial Agent, and will state that I have been in complete harmonr with Mr, Wright in his policies of the administrative affairs of the system “To Ton, R. H. Underwood, Assistant Superintendent at Huntsville: Hon, T. E, Durham, Assistant Superintendent at Rusk; Inspectors J.SUPERINTENDENT'S REPORT. Surerixrenpent’s Orrics, Texas State Pewrrestiary, Howrevinir, Taxas, November 1, 1880. ° J Messrs, 8. R. Smith, J. W. Gary and J. M. Wynne, Directors of the Torus State Penitentiary: Gryrtewrs—I have the honor to submit this my biennial report as superintendent of the Texas State Penitentiary from the date of my last, report, December 1, 1878, to November 1, 1880, a period of twenty-three month ‘The several exhibits hereto: attached show in detail the changes in prison population during the above mentioned period; also, other statis- tical information required by law to be furnished. : PENITENTIARY LEASE, The present lease to Messrs, Cunningham & Ellis went into operation January 1, 1878, and expires by limitation January 1, 1883. By the terms of said lease the lessees have the use of the prison grounds, prison buildings, and all the machinery and other property belonging to the Vonitontiary, together with the Tabor of all the convicts, or tie form oF Sve years, paying therefor 88 O1 per month, ‘or each oor) cis The lessees feed, clothe and guard the convicts; pay such discharge money and transportation to discharged conviets as required by law; pay the salary of the prison officials; pay $35 of the reward and expenses, Mending the reeaptute of a convicts all withont cost to the State. ‘The only expenses to bo paid by the State in connection with the Peniten- tiary, are the expenses over $35 attending the recapture of convicts and expenses of superinténdent'’s office for stationery, postage, blanks, cto. Thave furnished monthly, to the governor, comptroller and lessees, a statement of account showing the amount due the State for preceding month, on account of lease. Exhibit No, 1 shows amounts due monthly to the State from lessees, from December 1, 1878, to November 1, 1880, to be. $136,321 65 Exhibit No. 4 shows recapture accounts against the State ap- proved by me to aggregate. - 9,866 84 Exhibit No. 5 shows accounts approv ete., to aggregate. a - 423: 72 ‘hit No. 6 shows improvement accounts approved, amount- ing to. 52,497 31REPORT OF PENITENTIARY BOARD. 7 TRANSPORTATION OF CONVICTS. Since the organization of the Board, two contracts have been made for transportation of convicts, after due advertisement. The first of these contracts was Ict June 1, 1881, to Messrs. Slaughter and Cadenhead, at $24.50 per capita, to commence July 8, 1881, and end January 1, 1883, ‘The second one was made November 1, 1882, with Messsrs. Bailes and Carlisle for two years from January 1, 1883, for $25.20 per capita, Both of these are remarkably favorable contracts for the State. THE LEASE OF THE PENITENTIARIES. ‘The question as to what was best to be done the Penitentiaries, after the termination of the Cunningham & Ellis lease, has been one of paramount interest and importance with this Board. ‘The Board isin full sympathy with the policy of working all the convicts possible within the walls, and as before stated, its efforts have been to that end. Tt, however, was bound to recognize the fact that not only was it im- possible to provide room for all within the walls, but that a certain por- tion of our prison population, even if there was room to confine them, could not be profitably utilized therein. ‘The larger part, however, might be profitably employed, with proper preparation and training. ‘The lease of Cunningham & Ellis had been a profitable one, both to them and the State, but there were some weak points in it, necessary to be guarded against in making a new lease, The lease system, having connected with it the control of the labor of outside convicts, presented to the Board some objectionable features, which it was desired to guard against. Outside labor ean be operated Without any investment of captal, and is the most profitable, “lhe Poliey of the State is to increase the inside force at the expense of the outside, while every effort of the lessee is to build up the outside, be- cause it is to his inverest to do so, It was therefore concluded that if a lease could be made of each Penitentiary, and the lessee have no interest in outside labor, that then his every effort would be directed to fostering and building up the inside industries, and thus create a demand for an increase of numbers within the walls, Hoping to accomplish this end, the policy was adopted of contracting the outside labor directly from the State, and try to lease the Penitentiaries, with a large number of convicts fo bovorked within the walls, The Board was satisfied that there were difficulties in the way, but hoped that good buildings, and plenty of shop room and good machinery would induce men of enterprise and capital to take hold. .Appropriations had been placed at the disposal of the Board for the purchase of ma- chinery. - At the meeting of the Board on the thirtieth of June last, it was deter wined to offer the Penitentiaries for lease on the above basis, or rather to advertise for two kinds of proposals. Que for lease of each Peniten- tiary, with 500 or more convicts to be confined therein, and the other for e of convicts by shops, on what is known as the “contract system.” It was apprehended that there might be those who were not able or willing to lease the whole prison, but would take a limited number of convicts and shop room for one industry. At the same time, advertise-REPORT OF PENITENTIARY BOARD. 9 cach year until the prisons reached their full capacity. They agreed to yey nothing besides. 2 Sonn! Ceiermined to entertain no proposition, that did not make provision for the confinement of a larger number of convicts in the walls at once, to be rapidly increased until the prisons reached their capacity, Negotiations went on for more than a week, and it seemed as if the State would have to resume control of and operate, or try to operate, the two Penitentiaries on State account, when finally a’ proposition was made which resulted jo am agreement of lease of the Huntaville Penitentiary © Messrs. Cunningham & Ellis, and the Rusk to General W. R. Hamby aad his associates, Cherry and Morrow, wo of the lessees of he Tennessee Penitentiary. ‘The following are the terms of the leases: 1. The State leases each Penitentiary for fifteen years, one-half of all the convicts to be assigned to each. 2. The lessees to assume aid carry out in good faith the contracts for farm labor made August 15, 3. The lesaees to pay all expenses connected with the Penitentiaries, of whatever description, that the State would have to pay if operated on State account. 4. To place and keep all property belonging to Penitentiaries in good repair. To have use of buildings, machinery, ete., and appropriations for machinery. 5. To commence on January 1, 1883, with 300 convicts at Rusk Peni- tentiary, to be increased in equal numbers each year, until the number reaches 800 at end of third year. 6. At Huntsville Penitentiary, to commence with 400, and increase 10 600 by end of third year. 7. To pay $10,000 per annum for each Penitentiary, and in addi- tion thereto, after the end of two years, to receive convicts at county jails and carry to Penitentiaries free of any expense to the State. 8, The State bas employment of guards, and only parts with the labor of conviets. ° The right ic reserved by the State, to withdraw boys from the Penitentiaries, if a reformatory be provided for them, and if a new prison be built to have a proportion of the convicts thereafter received for such prison, Copy of the contracts as made will be furnished, The provisions of the leases are fully set forth in said contracts. ‘These leases aré not such as we had proposed and hoped to make, but they are not bad leases for the State, and by far better than to have the State resume. ‘The great consideration was to get the convicts inside the walls. We commence with 700 in the walls, as against an average of 400 now, to be increased by end of the third year to 1400. We appre- bend that this number is a8 many as can be profitably employed in the two existing Penitentiaries under any circumstai ‘The placing of so many men in the walls at an early date will force the development of inside industries to employ them, More convicts tu be kept within the walls at once than has been agreed upon, would be a very great burden, as it will take time to fit up machinery, obtain ma- terial, and get ready for work, The revenue to the State will not be 0 great as from the former lease, but better ion iy made for the wecurity and comfort of the convicts, and all done at the expense of theReport of the Superintendent. su In order to show more fully the operations of the lease, I will state the earnings and expenses from the commencement of the lease January 1, 1878: . ‘Total earnings due State from January 1, 1878, to Novem. ber 1, 1880.., eeeee $193,040 63 Dednet amount paid by lessees for State for re- captures since January 1, 1878 -- $5,283 40 Amount paid by lessees on accounts approv superintendent’s office....... 846 26— 6,129 66 Leaving as net proceeds of lease.:_..-..------ -$186,910 97 The lessees have received the following oredita, viz: For repairs and improvementa at Penitentiary prior to De cember 1, 1878... a. ae. . $15,001 28. For cash paid into State ‘treasury 2 2 97253 48 They have contracted to do work at Rusk prison for which, ‘ when finished, they will receive credit of.. = 120,000 00 They have made improvements and additions to Hunteville prison for which they are to receive credit after the Rusk work is paid for... - 62,076 37 Total amount credited and to be credited. ~ -€224,331 11 If the Rusk work were completed and the lessees were to receive all tho credits now, then the State would be indebted (0 «hem in the som of 837,420 14; but the Rusk work will probably not be completed before June I, 1881, by which time the monthly earnings, then accrued from the lease, will perhaps more than balance accounts, From the above it is seen that the State has received, in cash, from this lease, $27,259 46, and in repairs, improvements and additions to this prison and Rusk Penitentiary, done or soon to be done, $197,077 65. In addition to all this, the lessees have paid, per contract: For recapture of escaped convicts. ~ 88,758 04 For salaries of officers... 20,031 29 For money and transportation to discharged convicts....-.. 18,380 85 Total. cece eeceeeees cee ~ $47,020 18 TRANSPORTATION OF PRISONERS. The Sixteenth Legislature provided for the transportation of convicts to the Penitentiary by contract. : To show how the new system has worked, reference is made to Exhib- its Nos. 2. and 3, Under the old system 477 convicts were transported to the Penitentiary at an average cost to the State of 877 18 per capita, while under the new eystem convicts are being transported to the Pen: itentary at a cost of £89 per capita. This shows a very great saving to the State annually by the new method of transportation. Only four escapes of prisoners en route under the contract system—not more than under the old system. Some few changes in the law are necessary to perfect the contract system, which will, no doubt, be suggested by the comptroller.6 REPORT OF PENITENTIARY BOARD. slate roof; prison floors all concrete. ‘The walls are two feet thick. ‘The whole building is plain, but substantial. It has been built under the di- rect supervision of the architect. Just in rear of this building, and a necessary adjunct to it, has been duilt a brick building 60x120 fect, two stories high, with ‘basement. The basement to be used for kitchen, laundry and bath rooms, the first fioor for dining hall, and the second story for chapel. Cost, 818,195.20. These buildings will be ready for oecupaney by January 1, 188 Some other work has been found necessary for the preservation of the property and security of the conviets. ‘The following is a list of the contracts as made and other work done, paid from lease money: Gontract for new cell building Hichen, dining-room, chapel, laundr, Converting unfinished cell bu New floor in woud shop... On the first of April, 1881, when the Board wes organized, the amount due ou leise Was bOUN.ssesesssecsesenetessessrsesenceceeeesses® BE918 50 Amount proceeds of leuse from April i, 186i; 10 Januulry, 1883 (Crtimiate) 140,886 95, $i0e,s0> 45, Amount of contracts and approved accounts against this amount to date.. 158745 58 Bainnee,...... veces 8 9.027 87 From which balance some other work not yet completed is to be de- dueted, probably amounting to $3000. con! ED PROPERTY. ince the commencement of the lease system there has been much of the old machinery belonging to the Huntsville Penitentiary, worn out and worthless, bit which has been turned over from one lessee to another, at some appraised value, to be stowed away, to be again turned back to the State, Much of this property the Board has condemned and sold. The property (hus condemned and sold, and consisting mostly of old spinning and weaving machinery, was inventoried at $11,611.45. Dre advertisement was made of the sale of this property, and bidders were present from Houston, Galveston, New Orleans and Cincinnati ‘The toral proceeds of SAC... sesseeeseseree vores - #761 09 Expences, ve Se si 8000 Net proceeds. = $81 09 This amount was ordered invested in breech-loading double-barrel shotguns, and with it has been purchased 51 such guns.66 LEASE OF HUNTSVILLE PENITENTIARY. with any or all the provisions of said contract, and shall, when regnired"to do so by the Governur of the Sane of Texas, furnish adlitional securities. or soroties, upon this bond. or @ new bond. ss His case may be then this obs ligation to be wall avd vol, ocierwise to remain in full force aint Witness the hands, Doown!oy Ls, 1952. (Signed) Ep. TE, Cessixonam . L, A. Euis. For awenty-five tirousand dollars, © so Ko drorioos dr. For twenty-five thousand dollars, - Kp. Beexiey For fitees thousand dolar, 6 POA, Mer Bor ten thousand dollars, 1. E, Sintrsos. Por ten thousaud dollars CoC Wiaciss, Wor fifteen thousand dollars. dJxo. D. Rocens. Vor fifteen tiiousand dollars, “DB. D. Atstow. STATE OF TEXAS, } Couxty or Bexat. {Before me, Geo, W. Caldwell, a notary public in and for sand couniy sul Sia'e, on this day personally appeared Bd. EL. Cunningiain, Jno, 2. Jeffersm, jr, Bd. Buekley and 1. P. Simpson, known tome to be the persons whuse names are subscribe to the foreguinge im. strument, and acknowiedlsed to me that they executed the same for the purposes and consiteritions therein stated Witness'ny hand and seal of office, in Sun Anionie, this uwentieth day of December, A. D. ISS {L.s] Geo. W. Canmween, Notary Public, Bexar County. ‘Texas. VHE SPATE OF ‘TEXAS, | Cousty or Hanus. f Before me, A. 1. Steel of Harris eonnty, on this day personally ayy aud ©. C. Wiggins, known to me to be th eeribed to the forewoing instrument, and acknowledged to me that they i the sue for the parposes und considerations therein exprossed, Given under my hand and seal of oflice, tins twenty-third day of Decem ber, A.D: 18s2. (S| ALL. Stra. Notury Public, Harris Conuty. Texas, notary public lis, F, A. Rice persons Whose names ure sub- THE STATE OF TEXAS, Cousry oF GanvEstox, { Before me, 1. Lovenbory, a notary publie in and tor said county of Galveston, on this day personaly appeared Jobo D. Rogers, known to ine to be the person whose name is subscribed to the instrament, and he acknowledged to me that he executed the and considerations therein expressed ton, Texas, this twenty bare same for the purposes Given under my land andi seal of office susth dey of December, A.D. 1882 [Ls] 1. Lovesne Netary Prblie for Galveston Conaty. 'Ton hand_... convicts on hand inerease The convicts on hand In prison proper... - 84a in prison construction at Rusk _ 256 On railroad construction trains. . 156 In wood-cutting forces on Texas and Pacific railroad, 215 ‘At Kelly's iron furnace, On plantations ‘The various industries harness the most work, the principal industries profitably employ the prison ‘The factory that ig, if the prison force is increased.attention was paid to the order. These men are still at the “Alston farm.” Last summer, a convict sentenced for fore ears, made his eseape from the force at work on the a . Railroad, and is still at large. This class of con- viets should not be worked outside the pris i matter has frequently been discussed by the d myself, bnt, as yet, we have arrived at no satisfactory con- clusion in reference to this subject. I would a re mend that the hours of labor b ecified in the act. In the summer months the men are worked from early morn- ing until night, which is from twelve to thirteen hours per day ; whereas ten honrs is long enough, and is the law in other States. MANAGEMENT AND DISCIPLINE. Your Excellency’s attention is invited to “Exhibit B,” hereto attached, from which it will be seen that con- victs have made their eseape, and are still at Iarge. have not given the number who have escaped and been recap- tured. By reference to page 17, of the report of Hon. Geo. Clark, Attorney General, it will be noticed that it costs the ‘State of Texas $918 74 for each convict, calculated to the time of his delivery at the penitentiary, and before his name is enrolled and the striped clothing placed on him.” Now, if to this you will add the amount paid to sheriffs for transporting convicts to this institution, it will aggregate at least $1000 for each prisoner ; hence the State has been at an expense of $266,000 for the conviction of the above 266 escaped conv’ And, if all escapes had been reported to this office, I doubt not bnt that the amount would have been increased to $800,000. I fully coneur with your Excellency in the remarks of your letter to me dated 5th May, 1875. ‘ In reference to the large num- ber of escapes made known in my monthly report for April, you state: ‘‘I have to say that this item shows in- excusable mismanagement. It expense to the State to convict and send criminals to the penitentiary, if they are to be permitted to go scott free at this rate.” “The escapes are principally from the outside camps, but few having escaped from the walls, This is caused by employ- ing any man who will apply for a position as guard, and the great majority have had no experience. The price paid by the Jessees is not sufficient to get good men, (they, low-64 rm If OF HUNTSVILLE PENITENTIARY, said lessees shall pay the value thereof as fixed by appraisement, when received; provided, the said lessees shall not be required to pay for property destroyed Ly fire or otherwise, not occasioned by the fault of themselvos, their agents or employees. 9. If any improvements of a permanent kind are made by said lessees with the consent of the Penitentiary Board, they shall be allowed pay for same, as now provided by law. 10. Tho right is reserved to the State, throug! lis proper officers, to Circo! how, ano at all times and under all cireumstances, the conyicis, whose Isbor is herein contracted, or leased. shall be lodged, fed, clothed, worked, guarded and treated, and it is distinctly understood and agreed’ thet the control of said convicts does not, wader shiis lease, pass ‘rom che State or tts ovcers snd the management of said convicts s10.)\ 0 9!) cases and under ol cicumelances roman under such control. . 11. The said lessees shall, by themselves, their agents, superintendents “and foremen, have the right to direct the labor of the convicts belonging to said Penitentiary, but subject to such sanitary and diseiplinary instractions as may be prescribed by the rules and regulations; and the said State re- serves the right and authority to forbid that said ‘convicts be put to any work which subjects them to any unusual danger to their persons or health, or too much facilitates their chances for escape. 12, It shall be tle duty of the State officers in charge of said Poniten- tiary to require good, faithful work of said convicts, aud in accordance with their physical ability to do the same, ‘The hours of labor for convicts under this contract, shall not exceed ten hours per day, to be so arranyed that they shall not be turned out of the prison buildings before daylight, nor remain out after dark, with such exceptions as may be made by the rules. 13. ‘The said lessees shall not sub-let nor assign this lease, or any inter- ests therein, without the consent, in writing, of the Governor of said State and the Penitentiary Board. If, during the existence of this lense, a Reform. atory is provided by law, then the right is horein reserved to withdraw such boys from this Penitentiary as may be required to be pluced in said Reformatory; or, in case a new Penitentiary be provided, then the right is reserved by the State to place a proportionate share of the convicts, thereaf. tor sentenced, in said Penitentian 14 Before the first day of January, A. 1), 188, the said lessees shall execute and deliver to the Governor, bond in the amount of one hundred. thousand dollars, with two or more good and sufficiont sureties, payable te the Governor and his cessors in office, and conditioned that said lessees shall faithfully comply with tho terms of this lease. If at any time, for any reagon, tlie Governor of said State shall deew any bond given by said lessees instflicient, then, upon written notice and demand from iim, they shall, within thirty days, furnish a new bond, or additional sureties, satisfac tory to said Governor, or, in default thereof, this contract may be cancelled. 15, If the said lessees shall fail to do or perform any of the obligations of this contract, or shall do that which by the terms thereof they are for- bidden to do, then the Governor of said State may, at any time thereaf- ter, declare this agreement forfeited and the lease terminated, but the bond bore provided or shall remain in full force and effect, o 10 8!) tie con ditions intended to secure tho State of Toxas in this contract. 16, This contract is made subject to all the provisions of the laws now in force or hereafter to be passed regulating the organization and manage- ment of penitentiaries.at consure and exposure are suro to follow deooption, ho will icely to repeat the attempt, or others to make it ‘A large per centage of the number treated in the ‘‘ hospital” were diseased when received into the ‘ prison,” either with discases con- tracted before, or contracted and neglected during their confinement in the county jails. We are froquently roquired to treat a disease which, at first, was only local, and from neglect or improper treat- ment during their imprisonment previous to being brought here, have become serious, constitutional, and requiring a long and tedious course of treatment for cure. And it is remarkable and worthy of notice, that of the prisoners committed to this prison since January 1, 1870, the per centage of crippled ond permanently disabled, and Show Iehoriny under imeurable constitutional disease" than at any other time since the foun cresy 20 nue. eaLET Daatetsia ctalled\sSstemont -” ‘aon of the institution was 5 for detalied statement (y which see “report of diseased. whien adiaitted,” which iso cschod as a part of this report and marked Three 4~- sath have taken place from disease during the year. Benjamin James, a native of Mississippi, and fifty-eight years of age, was admitted to hospital January 2, with pneumonia of middle Tobe of ‘left lung,” and on the second day after admitted, well- marked symptoms of “ malarial haematuria ”.complieated the disease: The patient seemed alarmed and apprehensive of the result from the Beginning of his attack, and often said to me that the disease would prove fatal. Died on the ninth. The next, George Nobles, (colored,) anative of this State, twenty- four years of age, returned from the railroad suffering from “secon dary’ syphilus,” which, from neglect or improper treatment, had assamed an aggravated form, very anaemic and much prostrated, requiring the free use of stimulants, which he was seldom able to retain on account of very irritable stomach ; complaining of very severe epigastriopains, and, occasionally at fist, and very frequently towards the last, he would bo attacked with profiise hemarrhate froin stomach, which would for time relieve the opigaatric pain, fle cone Saued to grow weaker each day, bomorsliage mom pokes, nomel- cines ecomed to havo any effect on him. At last the coat of his stomach giving way, fatal peretonitis closed his careor. Next, Aleck Boyd, forty-four years of age, bom in Virginia, died on June 17, 1870, from intersusception of the bowels. The treat- ment in cass of this diseaso is unavailing as they always terminals fatally. Tiind thought it due to the friends of the deceased, as well as to those who have supervicio of the prison and its affairs, that a historyREPORT. OFFICE SUPERINTENDENT STATE PENITENTIARY, i Hoyrsviiis, Texas, Dooomber 81, 1870. To the Board of Directors of the Texas State Penitentiary + Ganremuen: In conformity with lay, I have the honor to report upon subjects pertaining to the duties of Superintendent of, this in- stitution, and to furnish estimates for the erection of buildings it greatly stands in need of; for material for carrying on tlie business Of the various departments of the Penitentiary’; for the pay of the officers and employs of the some; for transportation of convicts, their rations, slathing and medicines, and for the advancements 1nade to convicts upon their discharge. Accompanying this report is a document (marked “A”) distinctly vetting forth the number of convicts now undergoing sentence in this penitentiary, with their name, age, sex, place of nativity, erime, marital relation, from what county convicted, and the torm of imprisonment in each ease. Also, is appended a document (marked “B”) with the name of each con- viet who has died, escaped, pardoned or discharged by expiration of sentence, since November thirtieth, 1860; and a document (marked “Q”) showing the various occupations in which the conviets, now ‘ovoapying the penitentiary, are engaged, all of which is plainly set forth for your information. 1. The duties of the office are manifold and onerous. Where there are so many prisoners, a strong guard, and several overseers of shops and fuctories to overlook and supply, the duties attending ‘tho position are constant and never ending. “It was my misfortune to be inducted into the duties of this office at a period in the hist of this institution whon, for years, the fostering care of an onlight- ened State had not been youchsafed to.its,conyicts ; when its finances were at the lowest; when its manufacturing material of every kind had been absorbed; when comparatively no manufactured goods were4 on band; when it had no eredit; and when, for the lack of an ap- propriation for the purchase of material, the eonvists were idle upon the yard, or locked up for “snfe-keeping.”” Tt was may first endowvor to combat this condition of things. ‘The Legislature, at its last session, failed to pass an appropriation bill for even the support of the convicts; and the pay of the officers and guards of the peniten- tary was never considered hy that august body. Nothing remained then but to produce by Inbor what the Legislature hod failed to provide for, and what Was absolutely necessary for the immediate upport of the institution. Measures were proinptly taken to place it ina working condition, Wood was eut to run the machinery (for only. sixty-seven eords were turned over to run an engine sil the ‘inter, thas consumes sx cons pes day) gotfon ‘wool, iron, Iumber, wagon timber, leather and necessary ‘+findings,” were procured your sanction, to employ the labor ‘which for months had been idle. Dn the telfih of Dorober the factory was started, and idleness ceased. Tho report of the Financial’ Agent will exbibit that the institution has suffered: nothing from the change of policy—from idleness to industry ; from a “lock-up system” to a system of labor, and reward for good conduct, and of confidence between officers and conviets. Upon taking charge of the penitentiary, I found a system in vogue which neither my judgmont, sense of security, nor ideas of ‘yeformatory prison discipline” could tolerate. Believing more in a “reformatory and confidence discipline” than in that of coercion and harshness, I have altered the usual treatment of convicts in this State Penitentiary with a radical alteration. Through kindness, consideration, and by giving a patient investigation to every com- plaint, it has been my fortune to keep the eclls empty of tho disobe- dient, and the “stocks” comparatively free from the hardened, vicious end depraved. AM have been taught the value of good conduct and the fatility of disobeying the rules of the institution, and that punishment surely follows rebellious conduct. ‘They now apply themselves cheerfully and willingly to the duties assigued then im hopes of meriting ‘the reward of the assiduous and dutiful; and it is seldom now that punishment. has to be resorted to for the ‘purpose of compelling labor, or to restiain the vicious and hardened. Tt vas the custom of this institution to closely confine in'their cells, ‘on Sundays, all the convicts, without regutd to merit or health. ‘Phis custom Las been changed, and now all the worthy’ are-permitted. iS breathe the fresh air'of Heaven some portion of each Sunday. Tt is a boon the conviets are very thankful for: Tiyould call your attention fo:the amount of trouble and annoy- ance caused by the fomale convicts. ‘They aro harder to manage thar all the males, and oreate more disturbance. Tt is impossible to6 Panirentiany Report. ESCAPES, The number of successful escapes during the two years is 236, as against 273 for the previous two years; a decrease of 37. The great improvement, however, has been within the last year, during which time we only had 73 successful escapes. The large number of escapes during the year 1885, is aecounted for from the fact that such a large number of white and Mexican convicts were worked on farms, and in building new railroads, which employments seemed to afford greater facilities for escape. About 300 of this class of convicts were worked on farms during 1885, and from this number there were 56 escapes; and during the eight months that about the same number of same class worked on the K, & G. 8. L. railroad, there were 83 escapes. At these occupations the convicts were worked in squads, more or less scattered, and could not be as eficieutly guarded as when worked at rock quarries in large numbers, surrounded by acordon of guards, Illustrative of the differ- ence mentioned: At the Oatmanville quarry, averaging 100 men, there have been only 2 escapes; and at Burnet quarry, from a force of 300 or 850 men, only four escapes during the present year, Twenty of the fifty-six successful escapes from the white forces on farms in 1885 was effeoted by armed parties from the outside. On the fourteenth of May, 1885, two men, heavily armed with Winchester rifles, appeared on the farm of ‘T. C. Clay, in Brazos county, and get ting ‘the drop on the guards, who were only armed with shotguns, re- leased thirty-six convicts, eeven of whom refused to go off ; twenty-one others were soon recaptured and eight made a succesful escape. Tho object was to release one Reinhart Schneider, and he was one of the eight who escaped and has not been recaptured. Again, on the twenty-ninth of October, 1885, two men released four- teen convicts on the farm of G. E, and Rt. I. White, in Grimes county, and in a similar manner. Only two of this number were recaptured. ‘The rescuers were friends ot two convicts, Mosely and McCoy. Mosely was released, but has recently been received under a new conviction, Every effort has been made to capture the rescuers, but without sue- cess. ‘We have taken such precautions as are deemed necessary to prevent a recurrence of such episodes. These circumstances are mentioned to show that such efforts are liable to be made and to call attention to the defects in the law for the punishment of such offences. When it is taken into consideration the very large numbers of con- victs worked outside the walls the wonder is (1a! he escapes are not greater. MORTALITY AND SANITARY. ‘The deaths for the last two years have been 221, as against 206 for the two yeare provious—an increase in umbers but a small deereaeo in percentage. ‘There was a decrease of deaths at the prisons proper, but @ corresponding increase in the outeide forces, ‘Phe reporte of Dr. R. H. Bush, prison physician at Huntsville, and Dr. W. G. Jameson, in change at Tash, will explain fully in regard to the prisons proper. "Both these gentlemen are skilled surgeons and phy- sicians, and have been faithful and zealous in the discharge of theirReport of the Superintendent. 13 employed by the State. ‘They have been made under my general super- vision, are of the most substantial character, and were made by the lessees at a fair and reasonable price. The new wall adds very much to the security of the prison, and all the improvements well subserve the purposes for which they were designed, in contributing to the secarity of the prison. and to the health and com fort of the convicts, Exhibit No. 6 shows in detail the permanent im- provements made, and cost of the same. DISCIPLINE AND TREATMENT OF CONVICTS. “Dho discipline of the prison © (i:vcily valor my chars esvisied by theunderkeeper. At outside camps the discipline of the convicts is under the immedi- ate charge of the sergeants. You will bear me out that at the prison roper there has been no abuse of authority, and that the convicts have Peek treated in every respect with humanity. My utmost endeavors have been to maintain good discipline with the Possible punishment, and I have endeavored also to have the same mode adopted by the ser- yeants in charge of the outside camps. To convicts whose conduct has Seon deserving, every rrivilege consistent with good discipline and safety has been accorded. “The large majority of convicts readily respond to good treatment, and show that they appreciate to the fullest extent every privilege or favor granted them. Of course some convicts have to be punished, The mode of punishment most frequently resorted to in the rison is confinement in the dark cell; occasionally, for every flagrant reaches of discipline, severer punishment is inhieted’ ‘At outside camy the sergeants alone are authorized to administer punishment, but only such punishment and in such manner as prescribed by the rules, The most usual mode of punishment practiced at outside camps is by stocks; when this is inflicted, by permitting the convict to stand - flat-footed, it does not amount to much punishment; hence the most of the sergeants, in order to make it more effective, have lifted the convicts on the ball of the foot, or tip toe, making the punishment eruel and jeopardizing not only health but lite. ‘The lessees, some months since, with my concur- rence, abolished the use of the stocks at their wood camps, and I rejoice that you have determined to abolish them sltogether as a mode of punishment, On many of the farms sergeants have been in the habit of inflicting punishment by whipping, as well as permitting their guards to do so, eiihont first obtaining an order from the board of directors, as required law. Tirhis violation of law had, am satisfied, been winked at in some instances by some of the former inspectors, who believed it the most effective punishment and decidedly better than illegal stocking. One of the greatest difficulties with which the assistant superintendents and myself have had to contend, was the correction of the abuses of ille- gal punishment, and we have been compelled to discharge several ser- geants and a great number of guards on account of it, ‘Another great abuse has been the practice of swearing at convicts by guards; and I am satisfied that many escapes have been caused by ille- gal punishments and by cursing and threats, ‘Within the last year there has been a very decided improvement in the {treatment of convicts in outside forces,8 PENIreNtIARY REPORT. & Simpson, and in getting ready the shops for the wagon and furniture departments. ‘The work done has been of the most substantial kind. I may mention, among the most important improvements made, the brick foundry, used by the Wiggin-Simpson Company; the con- version of the old cell huildings into large, commodious, well- ventilated, two-story shops; the building of a spur railroad into the prison yard; the construction of a good system of water- works, giving us what we have so long needed, a protection against fire; the placing into position of the $50,000 worth of new machinery in the different shops, and many others, all of which were necessary to the proper operation of the industries here. The discipline of the prison is excellent. The convicts have eon well fed and clothed and kindly treated. © 0 wos) tos been done, Assistant Superintendent McCulloch deserves much credit. Ho has shown himself a thoroughly practical business man and a faithful, efficient, vigilant and humane officer. THE H. C. STILL & BRO. CONTRACT. These gentlemen contracted for thirty-five convicts—twenty- five at 60 cents each per day and ten at 50 cents each per day. They furnish their own machinery, but the State furnishes the power to run it. The State guards, clothes and feeds the con- victs, and deducts the time lost by sickness and stoppage of power. They manufacture saddle-trees, stirrups and girths, turning out good work in large quantities. Their contract is working very satisfactorily. THE WIGGIN-SIMPSON Co. CONTRACT. “Those contactors bee seventy-five convicts at 60 cents each per day. They contracted for machine and boiler shops and foundry, in which is a large lot of fine new machinery, belong- ing to the State, which they have the use of. They furnish their own power to run this machinery. They are turning out most excellent work from their shops, but owing to the depressed financial condition of the country, they find but little sale for their products. Lam exceedingly anxious to see both these firms succeed in their undertakings here, both on their own account and because their success may induce others to contract for labor and shops,a assign them quarters separate and apart from the men’s department by reason of the construction of the building and the plan of the premises, and it is injurious to morality and the name of tho State (as the closest watehing has proven unavailing to guard against improprieties) that the male and female convicts are compelled to occupy ore common building. It is certain that the State will always have more or less female convicts, and I would suggest that an extension of the east building he made for their accommodation, or that a separate building be erected on the grounds belonging to the State, adjacent to the penitentiary. The estimated cost of the buildings immediately required, and the enlargement of the penitentiary proper, are hereunto appended, and are as follows: Estimate No. 1, Kitchen 38x86 and 21 fect high.... § 1,148 28 Estimate No. 2) Chapel 40x60, to seat 350 persons. 1,981 25 Estimate No. 3, Estimated cost of erection of wing to east building, constructit Jarging and en- closing yard... . Piva bids -s 88,906180; » $40,790 78 SIN ew oes Said This estimate embraces the extension of the yard of the peniten- tiary, which is considered absolutely necessary fo meet the increasing warts of the institution. It would not, however, bo advisable to construct the above buildings without an enlargement of the yard within the walls, as the yard has upon it, at present, more shops and honses than a due regard to health and safoty would dictate. A diagram of the proposed alteration is herewith appended (iarked “D”), Ttherefore recommend that the main building he extended two hundred feet east, and the enst wall one hundred feet south, and the west wall one hundred feet south; and that a wing be extended along the east wall one hundred and seventy-five fect, and cells built therein. ‘The diagram mentioned above will explain fully the desired improvements. These alterations would afford aecommoda- tions for about two hundred move prisoners, which, added to the mumber on hand, would be as many a could be profitably employed in any one similar institution in the State of Texas. The estimate appended would cover the entire expense, and would probably obviate the necessity of building another penitentiary and save a great expense. 2. For carrying on the business of the various departments of the poutentory, eapital 8 occesury. he labor, machinery, tools and ail mechanical appliances are here, but the material is not here,1 It is not pretended that this amount will bo absolutely required over and above tho earnings of the penitentiary. With new engine, Tooms, carding machine, Inppers, © |a-yowent O° premises and a capi tal to purchase material to start upon, it is confidently anticipated that the penitentiary would not need another appropriation for some ‘years, either for Sts support or the purchase of material. ‘The Stato js called upon to put the penitentiary upon a footing of any solvent and enterprising commercial house, and then, after this is done, if it does not support itself and make'a handsome profit, it will be the fault of management and finaneeering, for which the officers would be accountable, DEEICIT, It will be remombered that the called sossion of the Legislature of 1870, failed to appropriate any funds for any of tho expenses of this Institution. In fact, as an institution of the State, it was entirely omitted in the appropriation for State purposes. | All the other asylums of tho State were provided for. Not a dollar was appropria~ ted for the penitentiary, which is an asylum of greater importance than any otlier in tho State. Here are confined the men of the State who have been tried and convicted of every species of rime; here the law governs the rations and clothing they are to receive, but which law failed to provide for. Not a cent was appropriated at said “ealled session,” for the daily sustenance of the prisoners! Were they to starve? Were they to go naked and barefooted, cold and exposed, during the present inclement winter? ‘The managers of the institution decided otherwise, and have fed and clothed all the State's convicts, charging the sum required therefor, to the State, trusting to the senso of justiec of the Legislature to refund. ‘This deficit amounts to the sum of $28,028 02, which includes the items as follows : For transportation of convicts. For officers and employé: For purchases unpaid. . For advances... + $8475 20 + 8057 91 : 8167 90 sees 18,822 01 secseseee $28,088 08 ‘This deficit is immediately required to make payments for material purehased, and the pay of officers and transportation. ‘The material and manufactures now on hand are nearly sufficient, if sale could be made, to pay off this indebtedness and strike a balance, But the Total...32 of invalids admitted into the prison with maladies rendering them much more fit subjects for the asylums or hospitals of the State. than for the State prison ; viz One mole permanently blind : ‘Three males insane ; ‘[wo females insane ; ‘Two males idiots; Fifteen males lame and Inboring under inci will not be able to reider the State any service, but, on the contrary, are only an expense to the institution. Twonld fiwther ask the privilege of making some suggestions in regand to the needs of the prison, so far as relates to the nevessity of «prison hospital. ‘Thus fo in. the history of the prison, ‘lieve has Been no liespital; end the sick have been treated in their cells, except stich eases us, throwzh your kindness, I have been allowed to phe in the alleys : but neither of these places are at all suitable for sufficiently sick to require medical attention. The cells are foo small and nof well enongh ventilated for the abode of the sick; the alleys are open and al] the prisoners have to pass through them, and should a great number be sick at any one time, and out on the alleys, in divect communication with all the prisoners, a plot might be formed and seriously endanger the safety of the institution. A well-regulated hospital, properly farnished, is indispensably nee’ cary for tle comfort and safety of the lives of the eonviets . when sick, although he may be saturated with crime, should have all the attention, comforts and care that is within the financial ability off the State to famnish, or in the power of the best medical skill to administer. And I would suggest that if a building is erected, it be made to last as long as the prison stands ; it is there- fore important that every step taken in building should be in the right direction, having the comfort and safety of the sick in view. T would farther suggest that a separate building be erected for the accommodation of the female-conviets and boys under age of maturity. Al of which is respectfully submitted. H. ©. OLIPHANT, M. D., Physician Penitentiary State of ‘e:REPORT. OFFICE SUPERINTENDENT STATE PENITENTIARY, i Hoxrsvinne, Texas, December 81, 1870. To the Board of Directors of the Texas State Penitentiary : Gsnruzmen: In conformity with law, I have the honor to report upon subjects pertaining to the dutios of Superintendent of this in- stitution, and to furnish estimates for the eroction of buildings it greatly stands in need of; for material for earrying on the business of thé various departments of the Penitentiary; for the pay of the officers and employés of the same; for transportation of convicts, their rations, clothing and medicines, and for the advancements made to convicts upon their discharge. ‘Accompanying this report ia a ocument (marked “A”) distinetly setting forth the number of convicts now undergoing sontenea in this penitentiary, with their name, age, sex, place of nativity, erime, marital relation, from what county convicted, and the term of imprisonment in each case. Also, is appended a document (marked “B”) with the name of each con vict who has died, escaped, pardoned or discharged by expiration of sentence, since November thirtieth, 1869; and a document (marked ©”) showing tho various occupations in which the convicts, now coeupring the penitentiary, are engaged, all of which is plainly set forth for your information, * L, The duties of the offico are manifold and onerous, Where there are so many prisoners, a strong guard, and several overseers of shops and factories to overlook and supply, the duties attending the position are constant amd never ending. i was my misfortune to be inducted into the duties of this office at a period in the history of this institution when, for yoars, the fostering care of an ‘ened State had not been youchsafed to.its.conyigts ; when its finances wore at the lowest; when its manufacturing material of every kind hud been absorbed; when comparatively no manufactured goods werecomplied with, except as to two articles of winter wear—sorks and draners, No management has yet furnished these articles: but it should be done, for they are necessary to the comfort of the conviet in winter. ‘The rule should either be complied wi revoked, Sometimes there has been complaint of searcity of clothing at outside camps, bat Lhave erally found that it was caitsed by failure of sergeants to make timely requisitions, DISCIPLINE, ‘Phe discipline of the prison is entirely in the hands of tie superinten- dent at the prison proper, and of the sergeants in charge at outside camps. How these sergeants have discharged their duty you are better informed than Tam. At the prison proper, since Ihave had charge, all punishments have been inflicted by the under-keeper on my written order. Much punishment has not been required, for with the great maj ity of conviets, a simple reprimand from the foreman, under-keeper or stiperintendent, or the depriving the wrong-doer of some petty privilege, or privileges that have been granted, is sufficient to prevent recurrence of the offense. ‘The feeling prevails throughout the prison, and is well grounded, that no unnecessarily harsh or cruel punishments will be ine Hicted, and that all punishments are for just eauses. ‘There are, of course, many men in the penitentiary who will not be managed by kindness, or by any other than the most extreme measures. ‘The usual modes of pun- ishment, when resorted to, are the stocks, dark cell, ball and chain, and oceasionally whipping, the latter, however, is only inflicted by your order in each paiticular case, in my presence, and under my direction always. Article 109, Penal Code, requires the superintendent to keep a book, in which shall be registered, opposite the name of each convict, all suel incidents of importance as’ may occur respecting the demeanor of an prisoner. Such a record has never been kept until last year, when I com meneed one, The knowledge among the convicts that such a record is kept has a good effect on their conduct. Several have told me that pun- ishment was not half so much dreaded as the record being kept of it, ‘There are but vi pardoned; and they feel that a good prison record will be of assistance in that way. Commutation of two days to each month is now allowed by the governor for good conduct; but there ought to be a “ good time” oF commutation law enacted by the Legislature. In my il the other states there is such a law; and all prison reports, where it is in force, commends, in the highest terms, its good effects upon the discipline of prison and conduct of the prisoners, We allow prisoners here all e privileges that can be safely accorded, ‘This year I have granted the privilege of a candle light in the cells atnight until nine o'clock, ‘This is inuch appreciated, but only such as have means to purchase candles can avail iemselves of it,” It is desirable that some means be provided by which cach prisoner ean enjoy this privilege when desired, except where de- prived of it for bad conduct, Something new in regard to the treatment and discipline of convicts comes up every day. ‘There is yet much to be learned in regard to it; and I have often thought that a sinall ainount of money could be profitably spent in having a commission of one or more to visit the principal prisons in the United States, observe their workings, regard to disc zement and industries, so as to incorporate what is good into our own, For this purpose I would ask that you rec- ommend su priation by the Legislature, to be used as the gov- few men sent here but who have some hopes of beingRecord Clerk’s Report herewith the report of Record of ‘This report consists ofan accurate audit of receipts and bursements and classification under the various captions and exhibits dis. of this report, @ brief recapitulation of the Ratio of classificationeliims eases me, unintentionally, frequently Co de injay Liew to she This ean only be remediod, Hamy opinion by the action indieated above, . ; , “Pwenld likewise invite your Exe ry's attention ty the fact that no provision is made by baw for furnishing my ollice with the stationery, postage, ole., necessary for the transaction of the business pertaining thereto. Various record books, letter paper, envelopes, blank vouchers, postage stamps, &e., aie necessary, and Lhave heretofore Been tomnpelied to procure from the lessees such articles as were absolutely indispensable for the proper furnishing of my office, The convicts are, under the rules established, by the Directors and Tuspector, allowed to write to their friends once each month as a kind of reward for good con- ime, duct diving the intermediate id about two hundred letters are thus written weekly hh been a tax upon the lessees not contemplated in their contract with the State. Twoald respectfully recommend, asa matter of striet . that $1,000 be appropriated and paid Mess Ward, Dewey & Co., the lessees, to reimburse them, at least’ partially, for this outlay, which has ex- tended over two years ‘past, and for which they have been promised remuncration by the representatives of the State connected with the prison. And I would ask that at leas $500 be appropriated for stationery, etc., for the use of my office and the convicts during the’coming yeai Tam compelled, as your Excellency is aware, to travel derably in the proper discharge ‘of my inspection du- ties, the convicts being scattered over a considerable por- tion of the State, there being eight parties or detachments at work at poin s extending from Marshali to Brazoria county, and the expense has been a severe tax upon me. In several instances I have made these tours in compliance with instructions received from your Excellency’s office, and T respectfully ask thata deficiency appropriation of 250 be made to cover my actual outlay since my appoint- ment, and that $500 be appropriated for the traveling e3 penses of the Inspector for the coming year. And in this connection, I would respectfully suggest to your Excel- lene r both in Instice to myself and my successors in office, inviting i . " ector ve the Penitentiary is employed tution, itis nee “ ‘ious th ‘ustries connected ¥ th the insti- nd Lae sett ‘at the clerical duties 0! his office performed by a competent clerk, with a reason- nannouy13] able sulary, say of $1200 per annum. Hardly a day passes but a sheriff of some county. delivers prisoners: and quires 2 settlement of his accounts; and the prison, ords, embracing the criminal history of about two thousand convicts per year, gives a very large amount of office work, and that too of a very responsible character, in that for any error that may occur, the Ths pectoris liable for a suit at law, as for instance, by a clerical error, a failure to discharge a convict promptly’ on the expiration of his sentence, ete. In view of the immense increase in the number of con: viets, and the growing importance of this Institution, (now the largest in the United States), it is well that legislators would take a liberal view of such suggestions as look to its present and future good, and especially in view of the fact that the whole Penitentiary system yields a revenue, while it is the history of most States thaf itis one of the chief burdens of expense. Referring to the existing lease of Messrs. Ward, Dewey & Co., Thave to state that its provisions are fully complied with, The food furnished the convicts is abundant and whole- some, their clothing well adapted to both winter and sum- mer, and they are given every care and comfort consistent with the discipline of the InStitution. Suitable medicine, as well as proper diet, and every attention and comfor iy is provided ‘tbr the sick. The improvements, as I have said before, are of a substantial character, adding greatly, not only to the appearance, but to the material tses and in- terests of the prison. The existence of the lease I con- sider a fortunate circumstance for the State, from the fact that the Institution is at present more than self-sustaining, and the large excess of convicts over the capacity of the prison is provided for. In conclusion, I would state that heretofore it has been customary for the main report of the Penitentiary to ema- nate from the Board of Directors, the Inspector supple- menting the same with afew remarks. But as the report is desired by your Excellency at this time, when it has heretofore always been rendered biennially on the first of January, Ihave prepared my own impressions and con- clusions, and submitted them’ to the Directors, whose con- currence in my views is expressed below. . ‘Trusting the above recommendations and suggestions may meet with your approval, I remain, with assurances of great esteem and consideration, your Excellency’s obedi- ent servant, J. K. P. Campset1, Inspector.‘ - ness for the last two years, exhibiting . the eross oxpensce, including Factory Duilding, and advances boo: veicrsed to, say, Gross amount of sales, sine fe Cash received with old balance, 48.126 17 arseients 47,987 14 Leaving each balance on hand, as above, 189 08 ales of two years, with, bal- — : on books, 80th Sept., 1858 10,833 47 Cash Jon acet. sales $5,245 87 Work doue for creditors, avd profit and loss, 3,989 OL . 9,184 08 ce due on books, 1,148 79 fits of Wagon, Blacksmith he two years, 4214 OT liabilities of Peni- 2,918 91 general wecount cnrrent of the for the last two years, exhib- iting abalance in favor of the State arising from convict labor on the build- : ings and sales, of 8,780 68 REPORT _D . Shows the action of the agent, Gen, Besser, in the purchase of machinery for the cotton and woollen Factory,to be establish. ed under the late act of the Legislature. By the advice of the Superintendent, Col. Gillaspie, and our approval, he was en- trusted with this charge. ‘The different propositions made to him, by machinists and engine builders, were submitted to us ag were also his exhibits and vouchers, all of which have received our approval. His report upon this branch of duty we beg leave to refer to, in confidence that it will prove most satisfas- tory. "Phe appropriation made for the Factory, preyed short of necessary disbursements $5,548 70, and by oug direction the deficit was covered out of the appropriation fot the Pebiten- tiary proper, and will be needed for the eurtené quarter, fat5 ‘The amonnt of sales made by the ageut as per report will be found to have been 4,649 18 Which has been accounted for as follows : cash rec'd 9,468 64 Sales made to those the penitentiar, indebted to 1154069 Amount due on books for last yeat’s sales, 639 92 $4,649 15 om an examination of the books of the egent, there is due the institation for sales previous to Oct, Ist, 1853, 6s 599.65 Less profit and Loss, $32 65 ‘Vo which add above amount of 639 92 $1,239 57 amount due Peniter NI Makiug the ry on nten@nt made 1, it will of the $33,245 24" sundries on hand of / : 2,364 54 Required amount, 30.880 70 Aud (hat the resources to meet it wil! be 30,461 21 Showing a deficit of 419 49 He has ils appended an estimate of the probable resonrces of the institution far arter of 1855, ending Dec. 3st, for there will be an unexpended bal of appropriation mide 5,850 00 nate of sales from v “ "90000: 6250.00 From which deduct deficit as above of 419 49 for the expense of said quarter 830 50 amount we believe will be amply sufficient for all or- penses, though not required of us by lavy at this ‘ime, yet we do not conceive it nnappro- 9 state to your Excellency that ‘au examination ef the amount of convict labor done on the Penitentiary, 19147 %ne lowest mechanic under usual rates; $13,473 95 To which led the amount of 4,619 10 sales pe port 910 18,128 10 To which amonnt may be added sundries ooh Hhatid credit d to expense estimate of 2,364 54 Also amount of inventory ot band not in oo Jed in same and or 1 Le oid” fn sa ~ 2,262 34 $22,754 98 “rom which deduct gross expense per eogents report, “ $20,774 34 Za balance in favor of institution of $ 1,080 64 There has been receiv y since our last report, Sept 36 6t 100 rged by expirattion of term 21 Pardoned, 6 Deaths, 3 . On mandate Supreme Court, 181 60 eseapes and retaken—none port € beet, ed as follows: ug Work for sale—Wagon makin 4 Blacksmiths, 2 Strikers, 2 Cabinet Shop 2-10 Work on Penitentiary 2¢.—Corpenters, 3 Tailoring, 1 Shoemaker, ... i Assistant Wagoner, +7 Brick Layers, ‘Tenders Kilning brick, Brick-yard, Cooks, Washers and Sweepe: at hs Sonat wea wad eal at ~ ORE ape cnans 8 heWarden's Report Huntsville, Texas, January 1st, 1935 Board of Prison Commissioners. J. A. Herring, Chairman, S.J, Dean, Finance Commissioner, H. W. Sayle, Farm Commissioner, Gentlemen: In submitting this Annual Report, I wish to thank you each for your co-operation and deference to my efforts, It is to your co-operation in rain taining a high standard of service that the year’s Work owes its lack of un due disturbance aud difficulties. I call your attention to the very few escapes, and the facilty with which recaptures have been made. The prison proper has been comparatively free from disturbances occasioned by plots to escape. In this connection | wish to again emphasize my idea of Prison discipline, which bas been adhered to carefully. In no case are punishments, even the lighter ones, ix flicted except after the necessity was apparent even to the inmate body, and whipping has been resorted to only in extreme cases. Our Steward, Mr. J. D. Black, deserves the highest credit for bis ut tiring efforts to give the best possible service, and his success from the vier point of all concerned has been remarkable. While maintaining the service at a reasonably low figure he has developed a system that has supplied + palatable and well-balanced ration at all times. ‘The Hospital service is to be commended, under the care of Dr. L. it Bush the work in the hospital department has been held up to a standard successful treatment of all classes of cases that would compare favorably wit the best hospitals of the cities. Owing to the fact that the hospital at Hunts ville is used for treatment of many cases from the various units, it naturally shows a greater proportion of sickness to the number of men; however. "7 few deaths, from all causes have occurred thisyear. Dr. Bush is to be special! commended for his successful operations, in which line of work he bss D# useful and efficient. Under the direction of Chaplain Dr. L L. Dickey, religious se" have been held regularly, including Sunday School and other activities. T Dickey has been untiring in his devotion to building up the morals and ide of the men, and his work has had a marked.ette