BY TOM FINTY, JR.

[This is the second and concluding article by Mr. Finty.

The first article appeared in the December, 1913,

Delinquent. Mr. Finty’s two articles are an especially

interesting statement.]

In the foregoing I have attempted to outline the situation of the Texas

prison system, to show how a burden of loss and debt has followed

marked financial prosperity, and to indicate why the public is puzzled

over the situation. I shall now endeavor to outline the causes of this

condition, my statement being based not merely upon the conclusions

of the investigating committee of 1913, but also largely upon the

testimony taken by the committee, which testimony I heard and reported.

This statement necessarily will include something of a review of

provisions of the prison reform act of 1910, of criticisms of the same,

and of the revisions which the Legislature recently tried to make.

When the prison reform act of 1910 took effect on January 20, 1911, and

Governor Colquitt appointed his prison commissioners, the system was

clear of debt except as to a small sum in current bills for supplies

just received and on hand. There was also outstanding $100,000 of bonds

secured by a direct lien on the Texas State Railroad. These bonds are

still outstanding, and they are not taken into account in any of the

statements hereinafter made.

The prison population when the new law took effect was 3,578. Of

this number 1,046 were hired out; 831 were working on share farms (a

modification of the hiring-out system), and 1,701 were employed upon

State account, 586 of these within or near the walls, and 1,115 upon

the State farms.

The acreage cultivated on the State farms was 18,097; on share farms

25,363, and on contract farms 18,680; total 62,140.

The prison population on September 30, 1913, was 3,926, all of which

force is employed on State account, 733 of the prisoners being in or

near Rusk and Huntsville prisons and 2,965 on State plantations. These

plantations now include certain rented lands, adjoining the lands

owned by the State. The prison population is classified as follows:

White 1,244, blacks 1,919, mulattoes 335, Mexicans 405 and Indians 3.

The number includes 92 females, 7 of them white, and 85 black.

The acreage cultivated by the 2,965 prisoners on State farms in 1913

was 36,993, as compared with 62,140 acres cultivated by 2,807 persons

at the time the new law took effect.

The reports of the prison commissioners and of chartered accountants

show that in the two years next following the date the act of 1910 took

effect the prison system’s losses from operation were $722,773.41; that

debts aggregating $1,528,458.04 accrued, and that $310,000 appropriated

from the public treasury had been expended.

Marked difference of opinion as to the cause of this fiscal situation

exists. Obviously, the debt is due in part to the operating losses, and

both the debt and the losses were in part caused by lack of operating

capital.

A part of the debt represents outlay for improvements and equipment

necessary to provide housing and employment for the convicts withdrawn

from the hiring-out system. A part of it, as already suggested,

represents lack of operating capital.

When a large proportion of the convict population was hired out, the

men who hired the convicts furnished the land, mules, implements and

houses. When the State withdrew the convicts from hire, it had to

provide all of these things.

When the convicts were hired out, their wages were paid to the State

monthly, regardless of the profits or losses of the contractors. This

income furnished an operating capital for the prison system as a whole.

It was a substantial income: the State received $31 a month for each

first-class convict, making a large profit after it had paid for food

and clothing and for guarding. When the convicts were withdrawn from

hire, this steady and dependable income stopped. Expenditures continued

steadily throughout the year; the bulk of the receipts came at the end

of the crop year, and, of course, the income was as uncertain as is the

weather and the crops.

Thus, much of the indebtedness is explained. However, the wisdom of

the commissioners in abolishing the contract system almost three years

before they were required by law to do so has been questioned. It has

been asserted that if they had permitted the contracts to continue

during the three years, receiving the income therefrom, they would have

been prepared to enter upon a complete State account system with much

better chance for it to succeed. It should be noted, however, for what

it may be worth, that some of the contractors said they did not want

to keep the convicts under the conditions as to hours of labor, etc.

imposed by the act of 1910.

In considering losses from operation of the prison system, it is

readily seen that expenses were increased by requirements of the new

law. The investigating committee says that $379,791.73 was thus added

to the expense account during the first two years. These requirements

were:

1. That 10 cents a day should be paid to each convict who

had earned a diminution of sentence by good behavior.

The commissioners advocated a repeal or modification of

this provision. It is almost generally admitted that the

provision in its present form is not only too sweeping,

but also that it fails of its purpose. It has had little,

if any, effect in the way of encouraging good conduct.

Evidently, however, this negative result is due not so

much to the fact that the per diem was paid as it is

to the fact that the per diem has not been paid. After

the system became involved in debt, and the $310,000

appropriation above mentioned was exhausted, no further

payment of per diem was made, except as convicts were

discharged.

2. That convicts should be paid for overtime. The

comment upon the per diem item applies to this all the

way through. Most of the overtime has gone to cooks,

waiters and flunkers. Suspension of per diem and overtime

payments has caused much dissatisfaction among the

convicts.

3. That certain new offices should be created, teachers

be provided, and that the salaries of guards should be

increased.

4. That better provision should be made for female

convicts.

5. That all new convicts should be brought to Huntsville

prison before being assigned to other parts of the

system. The commissioners recommended the repeal of this

provision, because, they said, medical examination could

be made at the farms as well as at Huntsville. They never

seemed to understand the purposes of the requirement,

which was, briefly, to assign the convicts to proper

industries, to prevent sending to outside work men who

were likely to attempt escape or to foment mutiny, and

to secure to all prisoners some training in prison

discipline. This purpose being misunderstood, prisoners

are sent to the farms on the next train leaving after

their arrival at Huntsville prison.

6. That discharged convicts should be furnished a

railroad ticket to any point in the State, instead, as

formerly, to the place where convicted. The commissioners

recommended the repeal of this provision.

7. That the State should bear the expense of sending the

corpses of convicts to their kinspeople upon request.

Repeal of this also was recommended.

There were two other matters upon which the commissioners were not

in agreement. The first was the requirement of the law that convicts

should not be worked more than ten hours a day, this limit to include

the time spent going to and from work. The second was the abolition of

whipping. This latter was not required by the law, but was enforced by

executive order.

Commissioners Tittle and Brahan attributed the losses from operation

largely to the fact that the convict population upon the whole was

not performing a reasonable amount of labor, as was indicated by the

falling off in acreage cultivated. This condition they ascribed largely

to the statutory limitation upon the hours of labor, and, further, to

the fact that the most effective means of punishment (whipping) had

been interdicted by executive order. The farm managers and sergeants,

and, in fact, very nearly every officer of the system, supported them

in these views.

Chairman Cabell denied the truth of their deductions as to the

abolition of whipping, and he asserted that in his opinion these other

officers exaggerated the influence of the limitation upon the hours of

labor.

Certain of the new officers of the system who testified before the

investigating committee said that most of the officers and guards,

having been trained under the old order, were not in sympathy with the

new law nor with its purposes. This suggestion was reinforced by the

testimony of such officers, as is indicated in the foregoing.

The circumstances attending the abolition of whipping ought also to

be considered. The prison act of 1910 did not prohibit whipping. It

limited it and provided safeguards against abuses. Many of the officers

of the system were not in sympathy with such limitations. In the

early summer of 1912, Chairman Cabell moved that the use of the “bat”

should be discontinued and prohibited. His motion was defeated by the

votes of Commissioners Tittle and Brahan. Thereupon, Governor Colquitt

ordered the commission to adopt Chairman Cabell’s motion. It did so,

unanimously.

It was generally known throughout the system that practically every

officer thereof believed it impossible to control convicts or to make

them work unless the threat of whipping hung over them. Yet the first

news of the change in punishment methods went out through the press

during a political campaign. In many parts of the prison system, so the

investigation disclosed, the convicts got their first information of

the change from new prisoners. The effect was bad. Convicts reasoned

that the authority of officers directly in charge was negligible; that

these officers had said they could not control convicts or make them

work without the “bat,” and, therefore, since the bat has been taken

away, they could safely decline to work.

The reluctance of these prison officers to shape their course to the

new requirements, I believe, was based upon sincere conviction. The

influence of their attitude upon results can only be conjectured. In

this connection it ought to be stated that these officers asserted

that whipping was less inhuman than the substitutes provided. These

substitutes were chaining-up and dark-celling. The former consists of

fettering the convict’s wrists at the end of chains suspended from

above at such height as to cause him to stand erect, but flat-footed,

with his arms extended as high as they will go. There have been some

complaints that convicts have been chained so high as to require them

to stand tip-toe. The possibilities in the use of the dark-cell were

illustrated in the Harlem farm tragedy.

A part of the prison system’s losses from operation were admittedly due

to the following named causes:

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