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does not seem to be any necessity for additional legislation in regard to insane asylums. Various changes are suggested by the joint board of trustees in case the subject is legislated upon, but taken as a whole, probably our laws governing the management of the insane are as nearly right as they are likely to be made. In providing for the increased number of insane, in addition to the reasons given above for the care of the epileptic in case the epileptics are removed from the existing aslyums, it leaves vacant beds in all the existing asylums which will accommodate the people of all the State much better than it would with a new asylum alone, and it is believed that the epileptics would not only be better cared for but fully as economically
HOME FOR FEEBLE MINDED AND EPILEPTIC.
This institution cannot receive inmates until an appropriation for furnishing is made. If this appropriation is made early, the institution will be ready for occupancy sometime in March, 1895. The present buildings consist of two cottages, capable of accommodating 100 patients each. Also sections of dining room, kitchen, and boiler house. From present indications some additional accommodations will be necessary independent of provision for the epileptics now confined in the several asylums for the insane.
A. COST OF MAINTENANCE.
The State Prison Jackson, State House of Correction and Reformatory, at Ionia, and Branch Prison at Marquette, constituting the prisons of the State, continue to be a heavy burden upon the taxable property of the State. The total cost of keeping the 1,306 prisoners, which was the average number for the past two years was $644,358.30. The cost over and above the earnings was $210,841.12. The cost at Jackson, where there was an average of 819 prisoners, was 41.6 cents per inmate per day. At Ionia it was $1.08.8 per day, and at Marquette $1.13.1 per day. The net cost at Jackson was 1.25 cents per day per inmate, at Ionia 59 cents, and at Marquette 6.01 cents. This shows a great difference in the cost of keeping prisoners at the several prisons. Comparing Jackson with Marquette, there would be many things to the advantage of Jackson, in the reduction of cost. The executive expenses would be comparatively small, while the number of prisoners would be very large. The conditions at Jackson have been much better than at Marquette, although there has been a portion of the time more than 200 idle men at Jackson, because no employment could be found for them. At Marqutete the executive expenses are comparatively large, as the number of inmates cared for is limited, and owing to the rigorous climate, and distance from supplies, the expense of keeping prisoners there is larger. Comparing Jackson with Ionia, there is still a difference in favor of Jackson, but there should be no such difference in cost as is shown. There must have been something either radically wrong in the management at Ionia, or the business was run in such a way that a large amount of money was lost. The expense of keeping an inmate in the State House of Correction was more than twice what it was to keep an inmate in the Asylum for Dangerous and Criminal Insane in the same yard, and in the first instance the inmate is supposed to be earning a large
portion of his keeping while in the latter he earns nothing. In Ionia there were some men working on contract, but there were more in proportion working on State account or on piece price than at Jackson. The result shows a very disastrous state of affairs for the taxpayers of the State. The former warden of this institution was removed for cause. Since the change in wardens there has been a marked reduction in the prices of articles bought, but it is not probable that all the reforms needed have yet been adopted. The State accountant has been ordered to conduct an investigation, and he reports verbally that the system of keeping accounts is imperfect, and that many of the practices there should be changed. It is hoped that the law may be amended so as to provide for better methods and much less expense to the State for keeping prisoners.
This brings up the question of contract labor. In Jackson prison, where most of the prisoners are on contract, the result is such as to show that had all the men been employed the prison would have been self supporting, and possibly a little more, and it can hardly be said that there was any serious interference with free labor there. All the food, all the clothing, and all the material for manufactured articles purchased there, were the products of free labor. The goods produced there were not to any considerable extent sold below the market price. It is clearly shown that contractors of prison labor do not usually make larger profits than those who employ free labor, so that the competition cannot be very severe. This is illustrated by the fact that the Austin, Tomlinson & Webster company engaged in the manufacture of wagons have surrendered 125 out of 150 men, preferring to have free labor. At Ionia where the State account system and piece price plan have been practiced, the result has been a severe burden on the taxpayers of the State. It cannot be said that competition with free labor has been less. In the experience of prisons in this and other states where business is conducted on state account, it has universally shown disastrous results financially. This is in accordance with fixed business principles. No warden, however competent he may be, is capable of carrying on successfully, in all their details, anywhere from ten to twenty-five different branches of business. Then, the number of prisoners employed on productive labor compared with the number engaged in free labor is infinitesimal, and the only way in which their labor can seriously injure free labor is by putting the product of convict labor upon the market at such a price as to reduce the market value of goods produced by free labor. This I think statistics clearly prove is not the case. On the other hand it is not the wealthy person alone who pays the taxes, but the home of every farmer and laboring man has to contribute to the support of these men engaged in unprofitable industries or entirely idle. It is needless to call your attention to the fact that it is not practicable or reformatory to keep prisoners without labor. It is sincerely hoped that no action will be taken to deprive the prison management of the right to contract the labor of the prisoners.
C.-APPOINTMENT OF WARDEN.
Section 5, of Act No. 118, Public Acts of 1893, provides that the board of control shall appoint a warden, who shall hold his office during the pleasure of the board. The same section also provides that no warden
shall be removed except for cause. This section was evidently designed to have the warden appointed so that he should retain his place as long as he was a successful warden, and that he should not be removed upon the mere whim of the board, or on account of change in the political complexion thereof, but our courts have construed "cause" to be such that under the present law the warden is practically appointed for life, unless he does some such overt act as to warrant his removal; but he may become indifferent or incompetent, and may even be defiant in his attitude towards the board, and yet there is no power to remove him. This is protection for the warden, but is not, as intended, protection to the interests of the State. It would seem to me that this section should be so amended as to provide, what was originally intended, that the warden should be removed only for such cause as would justify his removal for business reasons in private business affairs.
D. PARDONING POWER.
Section 11, of Art. V, of the constitution of Michigan, relative to the duties of the Governor, provides that he may grant reprieves, commutations, and pardons, after conviction, for all offenses except treason and cases of impeachment, upon such conditions, and with such restrictions. and limitations as he may think proper, subject to regulations provided by law relative to the manner of applying for pardons. It seems to me that a law should be enacted so as to make it practicable, upon the recommendation of the proper board, that this provision of the constitution could be carried out, literally. There are many cases where it would seem proper and wise to permit prisoners, and especially some young men, to be liberated upon certain conditions, notably that of abstaining from the use of intoxicating liquors, provided that in case of violation of this they may be returned to prison without the expense of another trial. There is no doubt that men liberated upon these conditions would be much less likely to enter upon a career of crime, and would be able to get a start in life before this restraint were removed. It would materially increase the chances of returning these men to the industrial pursuits of life, and to good citizenship, and at the same time relieve the State of the burden of their support. It is hoped that some action will be taken to bring about this result.
It is also desirable that some provision be made, in case of persons sentenced for a term of years, by providing either for the filing of the testimony complete, or of a history of the case, with any aggravating or mitigating circumstances connected therewith in the executive office to be used in cases where after years have elapsed an application for pardon is made. Anyone connected with pardon matters today realizes that many times it is almost impossible to get at the real facts in the case, and many times it is made to appear that the most hardened criminals serving a long term of imprisonment for crimes committed, really deserved reward at the time instead of punishment. The statement of the case is all the argument needed.
E. CONTRACTS WITH PRISON OFFICERS.
There is some doubt as to the construction to be placed on Section 21, of Act No. 118, Public Acts of 1893. This section should be so amended as to clearly and unequivocally forbid the warden of any prison acting for
the prison under his charge, dealing in any manner, except to pay in the regular way in cash for services rendered, with any member of the board of control, or any officer connected with the prison, or with himself, either directly or indirectly. Officers should be paid their salaries, and purchase what they need as other people do.
STATE CHARITABLE AND REFORMATORY INSTITUTIONS.
The School for the Deaf at Flint, School for the Blind at Lansing, State Public School at Coldwater, Industrial School for Boys at Lansing, and Industrial Home for Girls at Adrian, are fulfilling the purposes and objects for which they were created. They are all under control of competent boards, and so far as known the superintendents and assistants are very efficient, and well calculated for their positions. Each of these institutions will want the usual appropriation for current expenses, and in some cases special appropriations will be asked for, which will be made known to you in detail through the respective boards of control, and the reports of the several institutions.
APPOINTIVE STATE OFFICERS.
The Commissioner of Railroads, Commissioner of Insurance, Commissioner of Labor, Commissioner of the State Banking Department, and the State Inspector of Oils, have all proven especially competent for the work of their respective offices, and have devoted their entire time to their duties. For further information in regard to these important departments you are respectfully referred to their several reports.
DAIRY AND FOOD COMMISSIONER.
By Act No. 211, Public Acts of 1893, the appointment of a Dairy and Food Commissioner was authorized. Major C. E. Storrs, of Muskegon, was appointed to this office, and since that time has given his entire time and attention to the duties of the office; but owing to the insufficient power given under the act, and the insufficient appropriation for continuing the analysis and prosecuting the violators of the law, he has not been able to accomplish as much as he otherwise would. However, a large amount of information has been collected, and, when placed before the legislature, will enable it to provide means for successfully carrying on the work. There is no more important measure to be considered at this time than the question of pure food. I respectfully refer you to the report of the commissioner, and recommend a substantial compliance with his recommendations.
Act No. 126, Public Acts of 1893, entitled "An act to regulate the employment of women and children in manufacturing establishments of this State, to provide for the inspection and regulation of such manufacturing establishments, and to provide for the enforcement of such regulation and inspection," has proven a good one. Under, this act the Commissioner of Labor has appointed factory inspectors, who have inspected more than 400 factories, and caused a large number of improvements to be made in machinery, fire escapes, etc., and has also prevented the viola
tion of the law in regard to the employment of women and children, has preserved labor from unfair competition, and has had a tendency to keep children, who have been in factories, and who should have been in school, in their proper places. There is no doubt but this work could properly be extended further than it has been, and I respectfully refer you to the report of the Commissioner of Labor on factory inspection.
REMOVAL OF STATE OFFICERS.
During the year just passed it became my unpleasant duty, in accordance with the provisions of Section 8, of Article XII, of the constitution, to cause the removal of three elective State officers, viz.: The Secretary of State, State Treasurer, and Commissioner of the State Land Office, for gross neglect of duty in connection with the canvass of votes on the joint resolution submitted to the people in April, 1893, in relation to salaries of State officers. Growing out of this it was also discovered that there had been fraud in canvassing the vote increasing the salary of the Attorney General in 1891. After this action had been taken by the executive, criminal proceedings were commenced against all these officers, and two trials have been held, both resulting in a disagreement of the jury. These and the remaining cases are now pending in the circuit court for the county of Ingham. All the papers pertaining to the removal of the State officers will be submitted under separate cover for your information and consideration. It appeared to be necessary, in order to protect the interests of the State, that the prosecuting attorney of Ingham county, where the cases must be tried, should have assistance. This could not be rendered by the Attorney General, because he was also one of the indicted parties. Under the provisions of Section 342, of Howell's Annotated Statutes, I engaged the firms of Cahill & Ostrander and M. V. & R. A. Montgomery, to assist in the prosecution. These bills amounted to $2,690.40, and have been paid by the Board of State Auditors. There was also a large expense incurred amounting to $5,765.85, which was entirely incidental to and a part of said cases. It seems only justice that the State should assume at least the major portion of these bills, rather than that they should be paid by Ingham county alone, which is no more interested in the result than were all the people of the State of Michigan. I respectfully recommend that the legislature provide in some manner for paying all or such portion of this amount as shall be deemed equitable.
Soon after Mr. Gardner, the new Secretary of State, took possession, it was discovered that Mr. August W. Lindholm, who was Deputy Secretary of State, was a defaulter to a considerable amount. In the meantime Mr. Lindholm had left for parts unknown. After the excitement had subsided somewhat, it was learned through the postoffice authorities that Mr. Lindholm had returned to Sweden. Extradition papers were procured, and he was brought back for trial. He has been bound over to the circuit court for trial, and is out on bail.
I cannot too strongly urge that you again submit to the people an amendment to the constitution increasing the salaries of State officers. While the people failed to vote this increase in both 1891 and 1893, the resolu