These features were in line with the recommendations of Governor Colquitt, but he vetoed the bill because of other provisions. One of the objectionable features, this in lieu of the per diem requirement, was an elaborate scheme for profit-sharing as between the State and the prisoners. Many members of the Legislature and many citizens as well, thought it ludicrous to embark upon a system of profit-sharing at a time when there were no profits to be shared, and to bind the State to stand all losses while sharing the profits of prosperous years. My personal opinion is that the scheme, in the circumstances and in its detail, was chimerical.
Subsequent to the adjournment of the special session, as I have heretofore stated, a new prison commission was appointed, this time for six years’ terms under the constitution. W. O. Murray, a successful merchant of Floresville, is the chairman. He served fourteen years in both branches of the Legislature, devoting himself, as chairman of the Committee on Appropriations, to the fiscal affairs of the State, and he resigned from the Senate to become the chief officer of the prison system. The second new member is C. J. Bass of Terrell, also a successful merchant. The third new member appointed is W. O. Stamps, a well-to-do farmer and saw mill man of Upshur county. Mr. Stamps served two terms in the Texas Legislature and was a member of the special committee which investigated the prison system in 1909. He is not exercising the functions of the office to which he was appointed, for the reason that Commissioner Tittle claims title to the place, and has been sustained in this contention by a district judge. The prison organization therefore will remain incomplete until the court of last resort has passed upon the case.
The new board is assisted by an appropriation of $1,350,860.27 to pay debts, half of it not to become available until September 1, 1914. It will not clear up all of the indebtedness. The total amount appropriated to the prison system since the act of 1910 became effective is $2,210,860.27.
The indebtedness has increased since January 1, 1913, if payments made out of appropriations from the State treasury are not considered, but a fair statement of present indebtedness or of losses from operation in 1913 cannot be made until the farm products of 1913 have been sold. Cane is harvested during the early winter.
It is known, however, at this time that the crops of 1913 have not turned out well and that the results of the year’s operations will show on the wrong side of the ledger. Nevertheless, it is inevitable that a large sum must be expended to plant and cultivate a new crop in 1914, the returns from which will not be received until late in the year.
The losses have been increased through damage to the plantations through the recent floods of the Brazos River. It is estimated that such damage will amount to $500,000. The indebtedness, however, has been reduced in effect through a recent opinion of the Attorney General, holding that the law authorizing per diem payments to convicts is unconstitutional. The Prison System owed the convicts quite a large sum of money upon account of per diem, and this indebtedness has in effect been wiped off the books through the Attorney General’s opinion.
In this situation, it is believed that Governor Colquitt will again convene the Legislature in special session in January to further deal with the problem.
In my opinion, the chief needs of the prison system are a plan of organization of the sort which the Legislature sought to provide in its recent act; abandonment of the big plantation scheme, and adequate operating capital. Many penologists coming to Texas from other states have praised the big plantation scheme; the idea of working prisoners in the open air and under “God’s sunshine,” rather than in shops, appeals to them. A more intimate knowledge of the plantation system might convince these persons that its alleged excellences are largely moonshine. It should be remembered, for one thing, that most men in Texas, whether in shops, stores or offices, get more open air and God’s sunshine than do persons engaged in similar pursuits in more northerly latitudes. I believed that the big plantation system was bad even when it was financially profitable, or seemingly so. It has now ceased even to be profitable. Heretofore, few people agreed with my criticism of this system. There have been converts; yet, I am frank to say that not a very great number of persons are in agreement with me. Many now are opposed to operating the plantations now owned by the State, but most of these would have the State buy other large farms in a different section, abandoning the growing of sugar-cane.
Practically all of the able-bodied convicts of the prison system have been put to work on the plantations regardless of their former occupations and regardless of their inclination to flee or to foment trouble. The four big plantations are situated in the valley of the lower Brazos River, in a wooded country which invites escapes. Consequently, it is necessary to have a veritable army of officers and guards. The pay-roll is enormous, although individual compensation is small. Because the compensation is small there is a constant shift in the guard personnel. As a rule most of the guards are unfit for the service. This assertion is supported by the testimony of a number of the officers of the system. Yet the convicts are directly and wholly in the charge of these guards the greater part of the time, sometimes being miles away from headquarters and officers.
The plantations are in a rainy country; the heaviest work of the year, cane harvesting, is done at a season when the weather generally is inclement. It is true that free labor encounters the same conditions, but it is practicable for free labor to go to shelter, while impracticable to move large forces of convicts expeditiously. Moreover, free labor, as its name implies, is free to lay off when it so desires; prisoners, as the word implies, cannot do this.