BY JOHN J. SONSTEBY

[This address, which we print in large part, was read by Mr. Sonsteby

at the recent Rhode Island state conference of charities and

correction. It seems an excellent statement from the standpoint of

organized labor.

The Review will be glad to print authoritative statements from other

persons holding other views on the prison labor problem.--EDITOR.]

In speaking to the subject of labor’s attitude toward convict labor, I

speak from the standpoint of organized union labor, and through it to

the free labor of our country.

I speak particularly for the United Garment Workers of America, a union

whose membership is largely composed of women and girls, and which is

subjected to more competition with convict labor than almost any other

union or trade.

Organized labor has taken a positive stand and has an attitude toward

convict labor. That attitude is practically no different from the

attitude of other citizens who have given the subject careful thought

and who are not financially interested, directly or indirectly, in the

labor of convicts.

I have found whenever labor men, manufacturers, sociologists and other

financially disinterested people have discussed the question there has

been an almost unanimity of opinion.

The attitude of free labor toward convict labor finds expression only

through the means afforded by the labor unions. Unorganized free labor

is what the name implies, and has no authorized person to speak for

it. Organized labor’s attitude toward convict labor is, therefore, the

only one capable of being crystalized and expressed.

Free labor is unalterably opposed to convict labor as it is commonly

understood to-day, viz.: The competition of the products of convict

labor with that of free labor on the open market. Free labor favors

prison labor for the purpose of keeping prisoners employed, training

them for their duties as citizens when they are released, and making

products for the state and the state institutions.

Speaking before a subcommittee of the committee on labor, in the house

of representatives, in March, 1910, Mr. Thomas F. Tracey, representing

the American federation of labor, said, in part: “The labor

organizations of this country, as typified by the American federation

of labor, have not, are not, and should never help in the advocacy of

anything that would put prisoners in idleness. We want those who are

the outcasts of society, and who are confined in prisons to be allowed

to do work--such work as will be beneficial to them; but we do not

believe that, when these men are confined in prisons, instead of their

labor being put in the direction of either grinding out dividends for

stockholders of concerns of this kind (prison contractors), or making

profits for the state, their efforts should be rather in the direction

of educating them and reforming them to lead better lives.”

The foregoing sentiment represents the altruistic attitude of the

American labor movement.

What reason is there for an expression of labor’s attitude? People who

have a selfish purpose to serve have directly and by innuendo charged

labor unions with selfishly endeavoring to keep all prisoners in

idleness, so that no products from convict labor would be manufactured.

Organized labor has never been guilty of such an endeavor, and its

attitude has been intentionally and insistently misrepresented by those

who knew better.

That the inmates of penal and reformatory institutions must have

employment if the object of their confinement is to be attained, is

admitted by all. That this employment will, in some degree, compete

with free labor, is also true. That at the present time this employment

of convict labor does compete with free labor, and compete in a

demoralizing way with it, is recognized by all who are informed. People

who do not come in contact with prison labor or the products of prison

labor, do not realize what the competition of the convict labor means.

Organized labor believes that the employment of convict labor should be

so diversified that the burden will be equally distributed among all

free labor, and reduced to such a minimum that the members of no trade

or occupation can justly complain.

The two dominant ideas in prison management heretofore have been simply

retribution and economy. The possibility of reforming convicts who are

within prison walls--reforming them by useful, educative labor--is

a comparatively new idea, and not accepted by all those in charge

of convicts. Organized labor believes in reforming the convicts and

returning them as soon as possible to society, mentally and morally

sound and willing and able to take their places in the rank of

wage earners. It costs money to train morals or to do educational

or reformatory work. It takes effort, time, money, and interest to

diversify employment among convicts so as to render such employment

educative and beneficial to the convicts, and, at the same time, not

unfair to free labor.

The desire on the part of many managers and prison officials to make

penal and reformatory institutions self supporting is one of the causes

for their failure up to the present time to arrive at a successful

solution of the convict labor question. Another reason for the failure

to successfully solve the question has been the fast disappearing

but still remaining spoils system in politics, which gives to the

local merchants contracts to supply the needs of the state and state

institutions. The usual form of prison labor is not reformative.

The problems to which all right thinking people should apply themselves

is to adopt or evolve some system of employment that is fair to free

labor, and then endeavor to have such a system uniform throughout

the United States. Until some uniform system of disposing of the

products of convicts is adopted, there should be a federal law enacted

providing that each state shall have the right to regulate the sale of

prison-made goods within its own borders. Such a bill, has been pending

for a number of years in the congress of the United States. Each state

should dispose of, within its own borders, the products of its own

penal institutions.

The systems in vogue in our penal institutions at the present time are

commonly known as:

1. Contract labor (indoors).

2. Contract labor (outdoors).

3. Piece-price plan.

4. Lease system (outdoors).

5. State account: products sold on open market.

6. State account: for state use.

Of these, the contract labor and lease systems have been universally

condemned. At the present time, each state has its own system, or lack

of system of handling the convict labor question. Each state endeavors

to avoid competition with free labor in its own particular state. To

do this, many contracts provide that the product shall not be sold

within the state where it is made, and as a result the free labor in

all the states is subject to about the same competition because of this

interstate commerce in prison-made goods.

The farming out and disposing of the labor of convicts by contracts

to private persons or corporations, is the most pernicious form of

competition to which free labor is subjected. The piece-price plan and

state-account, when the product is disposed of on the open market,

either to favored persons or corporations, or without regard to market

conditions or prevailing market price, is not much better. All of these

systems except the state account plan, where the product is used by

the state or state institutions, tend toward the concentrating of the

productions into a few trades. The concentrating of prison-made goods

into a few trades is bitterly opposed by free labor. Such products

are sold in the open market at less than the market prices, and this

unfair, cruel competition drives free manufacturers out of business,

free workmen out of employment, and puts a penalty on the wage-earner

who keeps out of prison.

The old systems of labor have been tried, have been weighed in the

balance and found wanting. The story of graft and corruption of prison

officials who have had anything to do with contracts for prison labor

under any system, except the state account plan, where the products

are used by the state, or in the state institutions, has aroused

almost every state in our Union. The reports of state investigating

committees and of committees appointed by civic organizations, are such

as to be almost unbelievable. The abuses, the atrocities, the crimes

that are committed in the use of convict labor, have brought down the

condemnation of all right thinking citizens, and created a demand for a

system of labor that will not be subject to those conditions.

In the movement for better conditions, organized labor takes a stand

in the front rank. Of all of the systems of work that have been used

in the various penal institutions the one most successful is the

state account system by which the labor of the convicts is used for

the state, and the products for the state institutions. This system

eliminates nearly all incentive to bribery of prison officials, the

exploitation of convict labor and the opposition to the parole laws.

Under it the whole people get whatever benefits may be derived from the

labor of the prisoners of the state.

Organized labor is on record as favoring this system. When the prison

officials recognize that the profits of the prisoners’ labor belongs to

the state, that the state is more interested in reforming the prisoner

than making a profit on him, such officials thereupon become much

better officials for the state as a whole.

The efforts of the prison officials are thereafter directed toward

curing our morally sick men and women, and new and various methods are

tried. In this connection I might mention the experiment as reported

in the press of September 30, of this year, of Ray Baker, warden of

the Nevada state penitentiary, who, in company with three unarmed

assistants, took fifty-two convicts, many of them life termers, to

attend a theatrical performance. Every convict was upon honor, and not

one violated his word.

How many of our prison officials will hold up their hands in holy

horror at such unconventional conduct on the part of the warden?

Slavery and involuntary servitude except as a punishment for crime

is forbidden in the United States by the thirteenth amendment to the

constitution. It is by this amendment that the state has any right in

the labor of convicts. That right, I think, should only exist when

the convict labors for the state or its institutions. Where the state

through its courts has no power, as punishment for crime, to sentence a

convict to labor for private persons, it should have no right to do so

directly by contracts with private persons providing for the labor or

the product of the labor of the convicts.

Under the plan organized labor favors, the convicts are always under

the control of the state and its authorized officials. They may be

shifted from one form of work to another as the needs of the state or

the health and training of the convicts require.

Every convict who has no trade and is capable of learning one should be

taught one most suitable for him. Not in a haphazard, spasmodic way,

but in a way that will make him an efficient, intelligent mechanic,

retaining skill, and able to follow the trade when he is released.

In the arrangement of employment for the prisoners the state should

endeavor to supply itself with everything necessary in its various

institutions. Convicts should be employed as nearly as possible at the

work they are accustomed to, especially if they are skilled mechanics,

in order that they should not lose their skill. A large proportion of

the convicts are men accustomed to outdoor life, either on farms or

other outdoor labor; many of them are convicted of crimes in no way

violent or due to vicious or violent dispositions.

To confine men of this kind in cells and compel them to work in shops

is to endanger their health, break them down physically, and return

them to society not only morally sick, but also physically and mentally

sick.

The death rate from tuberculosis is much higher in prisons than

outside. In some prisons the conditions are such that a sentence of

five years or more means almost invariably another case of tuberculosis

and death.

The danger to the public from the clothing and other products made by

these tuberculosis infected convicts is so great that if the public

only knew the facts, prompt remedial legislation would be forced. The

states are spending millions of dollars annually to eliminate or reduce

the great “white plague,” yet at the same time they are maintaining

also at public expense some of the worst causes. These convicts are

returned to society about every five years, and the product of their

labor is in every state in the Union. Is it not better and cheaper to

prevent tuberculosis by wiping out one of its most prolific causes than

to let it continue to spread pain, misery and death, among our people

who have committed no crime?

As large an amount of outdoor work as possible should be provided. A

large farm should be operated, on which not only necessary foodstuffs

be raised, but a flour mill for the grinding of flour and all other

necessary plants for the turning of the different raw products into

the finished articles needed in the various institutions. The making

of roads is needed in almost every state, and is an ideal occupation

for convicts. After providing for the needs of the state and state

institutions the surplus labor could be used in this way. Only those

convicts should be put to work on the roads who have been convicted of

minor offenses, and can be trusted without ball and chain and armed

guards. In this day of speedy communications by telegraph, telephone

and wireless, the old restraints are very much less needed.

At the present time none of the prisons of the country are

self-supporting. All of these penal institutions are a burden on

taxpayers of this country. All free workmen are taxpayers of the state,

either directly or indirectly. It is unfair that any one part of the

taxpayers should be discriminated against by the state. Concentrating

the labor of prisoners in an institution into a few trades forces the

free labor in those trades to enter into competition with the state.

The selling of convict labor products on the open market in competition

with free labor, at any price, throws free taxpayers, into ruthless

competition with the state. Using convict labor to furnish the needs of

the state and state institutions not only removes the state from the

market for free labor, but also permits free manufacturers to meet each

other in fair, free competition. They are then all equal as to labor

costs, no products of slave labor being thrown at any price on the open

market.

Organized labor asks no special privileges in this matter, but wants

simply that each free laborer be treated the same as every other

free man; that he pay only his just share of the tax necessary to

the maintenance of the state and its penal institutions; that he be

subjected to only his fair share of the competition incident to the

manufacture of any product within the penal institutions; that a system

of employment be inaugurated and maintained in the penal institutions

of the country that will educate and reform the convicts; that the

products of all convict labor should be used entirely by the state and

institutions of the state, where the convict is incarcerated; that the

labor of the convicts should be so diversified that the burden will

fall as equally as possible on all free labor within the state; that

the exploitation of convicts or their labor or the products of their

labor for the benefit of individuals be not permitted in any form;

that a rate of compensation be allowed for the product of convicts

based upon the labor costs outside prisons, and that, after deducting

from the earnings of the convicts the cost of maintenance and other

proper and necessary costs, the balance should be used either for the

dependent family of the convict, the reimbursement of those who have

been injured or suffered through the crime, of the convict, or kept for

the use of the convict and given to him when he is released; that when

a convict is discharged or paroled, a place be provided for his care

until he is able to secure employment in the line he has been taught,

and means provided to secure him employment.

In all movements for the betterment of prisoners and the welfare of

prisoners, organized labor has assisted. Every law enacted in the

United States, changing and bettering prison conditions has either been

initiated or strongly supported by the labor unions. The improvement of

sanitary conditions in the prisons; the providing of dining rooms are

all improvements largely due to the efforts made by organized labor.

The adoption of the foregoing plans will make of the penal institutions

of our country industrial institutions for the saving of morally sick

men and women committed to them. The inmates of such institutions

will return to the body politic with a corrected perspective due to a

training under a state government that desires to reform as well as

correct. They will again take their places in society not only willing,

but able to do their share of the world’s work. This is the attitude of

organized labor toward convict labor.

The Review, Vol. 1, No. 12, December, 1911 · 第 5 / 16 题