Fifteenth-All tools and implements are to be furnished by the party of the second part for the use of the hands so employed by them. Sixteenth-All manufactured articles shall be removed from the shops as soon as finished, and no articles 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 shops in violation of this provision, and also all shavings or other rubbish that will endanger the safety of the buildings. Seventeenth. The term 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 their 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 this contract, for the preceding month, and shall execute their promissory note for the amount due, which shall be made payable to the State of Iowa, and the sureties shall be liable on their bonds for the amount of said note, or notes, as upon an original undertaking by them and each of them. Said notes shall be 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 case any note or notes given for convicts' labor as aforesaid, shall remain unpaid 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 of Iowa shall have the right to resume absolute control over the labor of said convicts, and to relet 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, foreman, or convicts, nor shall any material or tool be carried from the shops to the convicts' cells for said pur pose. Twenty-first. 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. Twenty-second.-It is further agreed that, if during the continuance of this lease, a new chapel is built by the State, the party of the second part shall have the right to occupy the room now occupied by the State as a chapel, and room lately occupied as hospital, by surrendering lower story of State shops. Twenty-third. It is further agreed that all lumpers assigned on this contract to the parties of the second part, shall be able-bodied con victs, and shall be subject to the direction and control of the contractors, whenever not engaged in necessary shop duties for the State. H. W. CARTWRIGHT, On the part of the State. FORT MADISON CHAIR COMPANY. JOHN M. JOHNSTON, Superintendent. Approved April 4, 1877, by the Executive Council. J. G. NEWBOLD. It is hereby understood and agreed by and between E. C. McMillan, Warden of the Iowa Penitentiary at Fort Madison, Iowa, and acting for the State of Iowa, party of the first part, and The Fort Madison Chair Company, of Fort Madison, Iowa, party of the second part as follows, viz.: First.-The State of Iowa hereby lets and hires to the party of the second part the labor and services of twenty (20) able-bodied convicts, now or hereafter confined in the Penitentiary at Fort Madison, Iowa, in addition to the convicts already contracted for, making ninety-five (95) in all. Second. The rate per day (of ten hours) per man, and time and terms of payment for same shall be the same as under the already existing contract between the above parties and all its stipulations, provisions, and conditions shall apply to this contract, except in so far as they are herein modified. Third. The party of the second part hereby agrees to resign their right to shop number eleven (11) which they possess under the already existing contract so soon as the State shall give them in lieu thereof, and during the existence of this contract an equal number of superficial feet on the floor of the room now used as a dining-room. Fourth. The State hereby agrees to furnish to the party of the second part the remainder of the present dining-room not mentioned above, and in addition thereto the two rooms now used as kitchens; also, about 2,800 square feet of the cellar-room below, commencing at the north wall of the cellar, and extending the full width of the room, south wall to the already existing division wall. Fifth. The State hereby agrees to furnish one lumper free of charge on this contract. Sixth. This contract shall be in force so soon as the State shall oc cupy the new dining-room now in process of erection, and it shall expire four (4) years from the first day of October, 1878. Fort Madison, Iowa, Nov. 2, Approved Dec. 6, 1878. E. C. MCMILLAN, Warden. JNO. H. GEAR, JOSEPH T. YOUNG, SHOE CONTRACT. By articles of agreement entered into this 15th day of May, A. D., 1878, between E. C. McMillan, Warden of the Iowa Penitentiary and in behalf of the State of Iowa, of the first part, and Henry C. Huishamp and Herman J. Huiskamp of Keokuk, Iowa, 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 parties 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 (5) years from July 15, 1878, the labor and services of ninety (90) able-bodied convicts now or hereafter to be confined in the Iowa State Penitentiary at Fort Madison, Iowa, to be employed by said party of the second part at the following trades and occupations, to-wit: manufacturing all kinds of boots, shoes, boot and shoe pacs, horse-collars and saddlery goods; 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 and storage of materials during the term of this lease the party of the second part shall use the following shops which shall be kept in good repair by the State, to wit: Shops No. ten (10) No. eleven (11) No. twelve (12) No. thirteen (13) and No. fourteen (14), and it is hereby agreed by the parties of the first part, that frame shops No. thirteen (13) and fourteen (14) shall be moved opposite the west side of brick shops No. eleven (11) and No. twelve (12). Third. It is agreed and understood that for said labor the party of the second part, shall pay at the rate of forty-three and one-third cents (43) per day for each convict. Fourth. The said party of the second part shall have the privilege of going to and from said shops, at all proper times to instruct the convicts in the manufacture of said articles, and take in and out materials and manufactured articles. Said party may also employ suitable persons to perform whatever is authorized to be done by this article, and generally to superintend the work under this contract. Said con tractors 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. 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 days' work. And in case of any disagreement between the party of second part and the Warden of the Penitentiary, 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 shops shall be properly warmed by the party of the first part, and the fixtures thereof shall be made reasonably secure against fire. Eighth. The party of the first part further agrees, to furnish the party of the second part with sufficient water for the use of this contract. The party of the first part further agrees, to furnish five lumpers or runners, who shall be able bodied convicts, for the purpose of cleaning shops, making and taking of care fires, bringing water and performing the necessary running for this contract; and it is hereby agreed, that when the said lumpers are not engaged in discharging the above mentioned duties, they shall be subject to the orders of the party of the second part. Ninth. In estimating the per diem as aforesaid to be paid for each convict the usual term for estimating a days' work, to-wit: Ten hours average through the year shall be computed. Tenth. It is further agreed that after the Warden shall have selected such number of the convicts as he may deem necessary for cooking, cleaning, sanitary, and other purposes pertaining to the care of the prison, and also for shoe-making and tailoring, as specified in articles, and the Iowa Farming and Tool Company shall have been furnished the number of convicts it is entitled to under its contract with the State for prison labor, the remaining convicts shall be apportioned by the Warden among the contractors according to the number to which each is entitled, reference being had to the skill and value of convicts in the several trades carried on by the different contractors. The State shall not be liable for any deficit under this contract, provided, the State shall not transfer convicts to the Additional Penitentiary so as to diminish the number actually employed under this contract below the maximum at the time of such transfer. 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 the 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 and one-third (433) 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 when he does not, from sickness or other causes beyond the control of said party of the second part, perform his ordinary labors. 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 other or re-build 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 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 the machinery, tools, and implements, 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 shop 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 to the Warden of the Penitentiary on the first Monday in each month for the labor of the convicts under this 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 notes shall be 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 case any note or notes given for convict labor as aforesaid, shall remain unpaid thirty days after the same shall become due, then the party of the second part shall, at the option of the party of the first part forfeit all rights and privileges under this agreement, and the State may resume absolute control over the labor of said convicts and 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 convicts' cells for said purpose. Twenty-first. It is further agreed that the party of the second part shall have assigned them so far as practicable convicts skilled in the work to be done under this contract, and no convict shall be assigned to this contract whose term of servitude shall be less than one year when so assigned. No convict shall be transferred from this contract |