Chap. 0403 An Act in relation to the labor of prisoners.

Be it enacted, etc., as follows:

Section 1. It shall be the duty of the warden of the state prison, the superintendent of the Massachusetts reformatory, the superintendent of the reformatory prison for women, and the masters of the several houses of correction, to establish and maintain in their respective institutions such industries as shall be fixed upon as provided by section one of chapter four hundred and forty-seven of the acts of the year eighteen hundred and eighty-seven.
Section 2. The number of persons employed in any industry in the state prison, Massachusetts reformatory or reformatory prison for women, or in any house of correction, shall not exceed one-twentieth of the number
of persons employed in such industry in the state, according to the classification given in the census of eighteen hundred and eighty, unless a larger number is needed to produce articles to be supplied to state and county institutions, as provided in section thirteen of said chapter. If said classification does not give the number employed in an}r industry in the state, the limit to the number who may be so employed in any institution in any industry shall be as provided by chapter two hundred and seventeen of the acts of the year eighteen hundred and eighty-three : provided, however, that two hundred and fifty prisoners may be employed in the manufacture of brushes at the hoes:', of correction at Cambridge, upon the public account system, so called.
Section 3. The tools, implements and materials needed for use in manufacturing in any institution under the provisions of said chapter four hundred and forty-seven of the acts of the year eighteen hundred and eighty-seven shall be purchased by the warden, superintendent or master of said institution, under the supervision of the general superintendent of prisons, after estimab s or requisitions, in such form as said general superintendent shall from time to time require, shall have been approved by him.' Such manufactured goods as shall be produced in either of said institutions shall be sold by the principal officer thereof, under such approval of saul general superintendent as he shall from time to time require. Said warden, superintendent or master is authorized to appoint agents who shall, in his behalf, under such rules and regulations as the general superintendent shall from time to time establish, purchase tools, implements and materials, and sell manufactured goods as aforesaid. The appointment of every such agent shall be subject to the approval of the general superintendent of prisons, but he may be removed at any time without such approval by the officer who appointed him. The compensation of every such agent shall be fixed from time to time by the officer by whom he is appointed, with the approval of said general superintendent. Said general superintendent shall have no authority to purchase or sell any articles for any institution.
Section 4. Section twelve of said chapter four hundred and forty-seven is hereby amended by inserting the words : - by him, - after the word " made" in the third
line, and by adding at the end of the section the following-words :- or if such suit is prosecuted or defended by a master of a house of correction, to arbitrators or referees to be approved by the county commissioners of the county in which said house of correction is established, - so that it will read as follows : - Section 12. The warden, superintendent or master, or their successors, may sue upon any sale or be sued upon any purchase made by him under the provisions of this act. No such suit shall abate by reason of the office of the warden, superintendent or master becoming vacant; but any successor of the warden, superintendent or master, pending such suit, shall take upon himself the prosecution or defence thereof, and upon motion of the adverse party and notice he shall be required to do so. When a controversy arises respecting any purchase or sale made under this act, or a suit is pending thereon, the warden, superintendent or master may submit the same to the final determination of arbitrators or referees, to be approved by the governor, or, if such suit is prosecuted or defended by a master of a house of correction, to arbitrators or referees appointed by the county commissioners of the county in which said house of correction is established.
Section 5. No provision shall be made for the employment of prisoners upon the piece-price plan, as authorized by chapter twenty-two of the acts of the current year, except with the approval of the general superintendent of prisons.
Section fi. Sections seventeen and eighteen of chapter two hundred and nineteen of the Public Statutes, and section seven of chapter four hundred and forty-seven of the acts of the year eighteen hundred and eighty-seven are hereby repealed.
Section 7. Sections fifty-four and fifty-five of chapter two hundred and twenty-one of the Public Statutes are hereby amended by striking out so much thereof as requires the approval by the commissioners of prisons of bills incurred in carrying out the provisions of said chapter four hundred and forty-seven, in the state prison and reformatory prison for women, and so much as requires that contracts for the labor of prisoners in said institutions shall be approved by the commissioners of prisons and by the governor and council. Section twenty-eight of chapter two hundred and fifty-five of the acts of the year
eighteen hundred and eighty-four is hereby amended by striking out the following words, "The said commissioners shall, with the superintendent, cause provision to be made for the employment of the prisoners ; but no such provision shall be made without the approval of the governor and council " ; also by striking out the words "the said commissioners shall endeavor to establish in said reformatory such industries as will enable prisoners employed therein to learn valuable trades", and inserting in place thereof the following words:-The superintendent of said reformatory, and the general superintendent of prisons, shall endeavor to establish in said reformatory such industries, within the provisions of the requirements of chapter four hundred and forty-seven of the acts of the year eighteen hundred and eighty-seven, as will enable prisoners employed therein to learn valuable trades. Section thirty of said chapter is amended by striking out so much thereof as requires the approval, by the commissioners of prisons, of bills incurred in carrying out the provisions of said chapter four hundred and forty-seven in said reformatory.
Section 8. So much of chapter two hundred and twenty of the Public Statutes as gives to the county commissioners or to the board of directors of public institutions of the city of Boston any authority or control over matters connected with the employment of prisoners in any house of correction is hereby repealed, and all such authority and control is hereby vested in the general superintendent of prisons and the master of such house of correction.
Section 9.   Three hundred copies of the report of the general superintendent shall be printed annually for his use. Section 10.   This act shall take effect upon its passage.
Approved May 24,1888.