Eleventh.—If at any time the convicts assigned to the party of the second part within the number herein before specified, shall remain idle for want of any material or tools, or for any fault of the party of the second part, the party of the second part shall still be liable to pay the sum of sixty cents per day for each convict so employed.

Twelfth.-No charge is to be made for such time as a convict may be employed in learning to read and write, or does not from sickness or other cause, beyond control of said party of the second part, perform his ordinary labors.

Thirteenth.-In the case of the loss of the shops herein before specified, or material damage to the same by fire, or other casualty, by reason of which they cannot be occupied, then the party of the second part shall not be liable to pay for any labor of the convicts during the time for which the State shall not furnish another, or re-build said shops, nor shall the State of Iowa be liable for any such damage for such unemployed labor, until such shops can, with reasonable diligence, be rebuilt.

Fourteenth. It is further agreed that the State of Iowa shall not carry on any of the trades herein before specified, within the walls of said prison, nor contract or lease convict labor for the same during the continuance of this lease, without the consent of the party of the second part.

Fifteenth. All machinery, tools and impliments are to be furnished by the party of the second part, for the use of the hands employed on this contract.

Sixteenth. All manufactured articles shall be removed from the shops as soon as practicable when finished; and no article shall be stored in the shops in a partial or unfinished condition, an unreasonable length of time. The Warden shall have full power to remove at the expense of the party of the second part, all articles stored or kept in the shops in violation of this provision; and also, all shavings or other rubbish, that will endanger the safety of the buildings.

Seventeenth. The time of the convicts herein leased, shall be kept by the Warden of the prison, or his deputy, and his books shall be presumptive evidence of the correctness thereof, and a written statement shall be given to the party of the second part, or his foreman, each day. Eighteenth. The party of the second part shall account with the Warden of the Penitentiary, on the second Monday in each month, for the labor of the convicts under his contract for the preceding month, and shall execute his promissory note for the amount due, which shall be made payable to the State of Iowa, and the sureties shall be liable on their bond for the amount of said note or notes, as upon an original undertaking by them and each of them. Said note shall be made payable three months after date, and bear interest at the rate of six per cent per annum after maturity.

Nineteenth.-It is further agreed that in case the party of the second part shall refuse to make settlement as aforesaid, or in any case any note or notes given for convict labor as aforesaid, shall remain unpaid thirty days after the same shall become due, and after specific written demand thereof then the party of the second part shall, at the election of the Executive Council of the State of Iowa, forfeit all rights and privileges under this agreement, and the State shall have

the right to resume absolute control over the labor of said convicts, and to re-let the same as though this contract had not been executed.

Twentieth. It is further agreed, that no tinkering shall be permitted in the shops by officers, foremen or convicts, nor shall any material or tools be carried from the shops to the convict-cells for said purpose.

Twenty-first.-Said party of the second part shall not be bound to take under this contract, any convict whose term of service will expire in less than one year from the time he is assigned, and no convict shall be transferred from this contract to another without the assent of the Warden and contractor.

Twenty-second.-It is further agreed that this contract shall not be assigned by said party of the second part without the consent of the Warden with the approval of the Executive Council.

WHEREAS, certain proposals have heretofore been made by Benjamin S. Brown, as President of the Iowa Farming Tool Company, for a modification of the contract of said Brown dated July 3d, A. D. 1874, which contract has been duly assigned to the Iowa Farming Tool Company, and also for the labor and services of fifteen (15) additional convicts, and shop room for the same: now therefore,

It is hereby agreed by and between H. W. Cartwright, James W. Campbell, and J. A. T. Hull, Commissioners for the State of Iowa, for leasing convicts' labor, of the first part, and the Iowa Farming Tool Company, of the second part.

First. The party of the second part hereby relinquishes all right to forty (40) by one hundred (100) feet of ground south of and adjoining shops, Nos. nine (9) and ten (10), and also to the alternate and equal space south of and opposite shops No. five (5) and seven (7), in the prison yard heretofore granted by the party of the first part.

Second. The party of the first part hereby agrees to extend the time of said contract for five (5) years from the 1st day of April, A. D. 1876. For which labor the party of the second part shall pay at the rate of *forty-eight (48) cents per day for each convict, from the said 1st day of April during the continuance of this lease.

Third. The party of the first part doth hereby let and hire to the party of the second part, for the term of four (4) years and eight (8) months from the first day of August, A. D. 1876, the labor and services of fifteen (15) able bodied convicts, subject to all the provisions, conditions and stipulations of the original contract, except as herein modified, for which the party of the second part shall pay at the rate of *forty-eight (48) cents per day for each convict, with the privilege *Reduced to forty-five (45) cents by order of Executive Council, August 1st, 1879.

to manufacture any branch not in conflict with existing contracts, or the interest of the State in letting other contracts within a reasonable time.

Fourth. The party of the second part shall have the use of shop No. nine (9), for labor and storage of material during the continuance of this lease. The north half immediately on vacation of shop No. 13, and the south half, August 1st, A. D. 1876, which shall be partitioned off when required, the State having the right to utilize the partition in shop No. three (3) for said purpose; the State to furnish one lumper for said shop.

Fifth. All lumpers on the contracts of the second party shall be able bodied convicts and shall be subject to the direction and control of the contractors, whenever not engaged in necessary shop duties for the State.

Signed at Ft. Madison, Iowa, this 20th day of April, A. D. 1876.

IOWA FARMING TOOL COMPANY,

BY BENJAMIN S. BROWN, President.

Approved by Executive Council, this April 20, 1876.

JOSIAH T. YOUNG, Secretary of State.
B. R. SHERMAN, Auditor of State.
WM. CHRISTY, Treasurer of State.

WHEREAS, under the act of the Sixteenth General Assembly, amendatory of chapter 35, of the acts of Fifteenth General Assembly, doubts have arisen as to the authority of the Commissioners to make contracts for a longer period than five (5) years; and,

WHEREAS, We, the said Commissioners, believe it for the best interests of the State to let such labor under the within contracts for the period of ten (10) years, therefore, subject to the approval of the Seventeenth General Assembly, it is further agreed that the contracts of the party of the second part for one hundred and fifteen (115) able bodied convicts, shall be continued in force for the term of five (5) years, from the first day of April, A. D. 1881, at the rate of fifty cents per day for each convict, and shall be subject to all the provisions, conditions, stipulations, covenants and agreements, contained in said contracts.

Signed this 20th day of April, A. D. 1876.

H. W. CARTWRIGHT,

J. W. CAMPBELL,

J. A. T. HULL,

On part of the State.

IOWA FARMING TOOL COMPANY,
BY BENJAMIN S. BROWN, President.

By articles of agreement entered into this 26th day of March, A. D., 1877, between H. W. Cartwright, James W. Campbell, and J. A. T.

Hull, Commissioners, under chapter 35, of the private, local, and temporary acts of the Fifteenth General Assembly, and chapter 97 of the acts of the Sixteenth General Assembly, for and in behalf of the State of Iowa, of the first part, and the Fort Madison Chair Company, a firm corporation, composed of the following named persons, to-wit: J. M. Johnston, W. E. Harrison, and Joseph A. Smith, of the second part.

WHEREAS, certain proposals have heretofore been made by the party of the second part, for the convict labor hereinafter mentioned, which proposals have been accepted by the party of the first part, for and in the name of the State of Iowa; now, therefore, it is agreed:

First. That the party of the first part doth hereby let and hire to the party of the second part, for the term of five years, from the first day of April, A. D. 1877, the labor and services of not to exceed seventy-five convicts, now or hereafter to be confined in the Iowa State Penitentiary, at Fort Madison (if so many there may be under the specifications hereinafter contained) to be employed by said party of the second part, at the following trades and occupations, viz: manufacture of chairs, school furniture, and coffins.

Nothing in this agreement shall prevent the Warden from employing a limited number of convicts in shoe-making and tailoring for the use of the convicts.

Second. It is agreed by the party of the first part, that for the use of said labor during the term of this lease, the party of the second part shall use the following shops now situated in said prison-yard, to-wit: Shops No's one (1) and two (2), the lower story of State shops, and the north half of shop No. eleven, the east half of the west dry kiln, the northwest quarter of the cellar, under shop No. one (1). Also grounds without the prison walls, commencing sixty-six feet north of the northwest corner of the ground leased to B. S. Brown, running east 100 feet, north 135 feet, west 100 feet, south 135 feet, to place of beginning. It is further agreed and understood, that for said labor the party of the second part shall pay at the rate of forty-three (43) cents per day for each convict.

Third. The party of the first part further agrees that said Fort Madison Chair Company shall have the privilege of going to and from said shops at all proper times, to instruct said convicts in said trades, and to carry in and out materials and manufactured articles, or they may employ to do the same such person or persons as the Warden of the Penitentiary may approve, said contractors and employes being, whilst within the walls of said prison-yard, subject to all the rules and regulations now or hereafter established by the proper State authorities.

Fourth. It is further agreed that the party of the second part shall have assigned it, so far as practicable, convicts skilled in the work to be done under this contract, and no convict whose term of sentence is less than one year shall be assigned on this contract.

Fifth.--The convicts so to be employed shall be able-bodied men, by which term is meant those who are capable of performing a reasonable day's work, and in case of any disagreement between the Warden of the Penitentiary and the party of the second part in regard to the physical ability of any convict, the same shall be conclusively determined by the physician of the Penitentiary.

Sixth. The convicts shall be guarded and kept in good discipline at the expense of the State; but the State of Iowa shall in no case be liable to the party of the second part for any loss by fire or other casualties.

Seventh. It is further agreed that the party of the first part shall furnish water for shops for the use of this contract; also, five runners, whose duty it shall be to build fires, clean shops, and do the necessary running for this contract.

Eighth. It is further agreed that said shops shall be warmed at the expense of the party of the first part, and the fixtures for heating said shops shall be made reasonably secure as to fire.

Ninth.-In estimating the per diem as aforesaid to be paid for each convict, the usual time for estimating a day's work, to-wit: ten hours average through the year, shall be computed.

Tenth. It is further agreed that if at any time the number of prisoners in the Penitentiary should not be sufficient to supply the full number specified on this and other prison contracts, now or hereafter let by authority of the State, and also cooking, cleaning, and other necessary matters, which, in the judgment of the Warden, it may be for the interest of the State to employ them, the number of able-bodied convicts not so employed by the Warden shall be apportioned according to the number contracted to each contractor, except as provided in the contract of the Iowa Farming Tool Company, reference also being had to the skill and value of convicts in the several trades carried on by the different contractors.

Eleventh.-If, at any time, the convicts assigned to the party of the second part within the number herein before specified, shall remain idle for want of any material or tools, or for any fault of the party of the second part, the party of the second part shall still be liable to pay said sum of forty-three (43) cents per day, for each convict so employed.

Twelfth. No charge is to be made for such time as a convict may be employed in learning to read and write, or does not from sickness or other cause beyond the control of said party of the second part, perform his ordinary labor.

Thirteenth.-In case of the loss of the shops herein before specified, or material damage to the same by fire or other casualty, by reason of which they cannot be occupied, then the party of the second part shall not be liable to pay for any labor of the convicts during the time for which the State shall not furnish another, or rebuild said shops; nor shall the State of Iowa be liable for any damages for such unemployed labor until such shops can, with reasonable diligence, be rebuilt.

Fourteenth.-It is further agreed, that the State of Iowa shall not carry on any of the trades herein before specified within the walls of said prison, nor contract nor lease convict labor for the same during the continuance of this lease, without the consent of the party of the second part; provided the occupations herein before named are being carried on in good faith by the party of the second part.