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Unlawful sale of prison-made goods.
SEC. 679a. 1. It shall be unlawful for any person to sell, expose for sale or offer for sale within this state, any article or articles manufactured wholly or in part by convict or other prison labor, except articles the sale of which is specifically sanetioned by law.
2. Every person selling, exposing for sale, or offering for sale any article manufactured in this state wholly or in part by convict or other prison labor, the sale of which is not specifically sanctioned by law, shall be guilty of a misdemeanor. [Pen. Code.]
The constitutionality of this section is doubted, in the light of decisions on similar statutes in other states, because, including foreign made goods of foreign manufacture, it is an interference with interstate commerce: 157 N. Y. 1. This section differs but slightly in phraseology from an Ohio statute, which was held to be unconstitutional. The court said that it was not a police regulation, but an attempt to prevent or at least discourage the importation of convict-made goods from other states: 140 U. S. 545.
Police power is reserved to the state, and the state has the right to regulate internal trade so as to protect the public welfare of the people, but this power can not be extended to conflict with the power of the federal government to regulate interstate commerce : 56 Ohio St. 417.
Day's work defined.
SEC. 3244. Eight hours of labor constitutes a day's work. unless it is otherwise expressly stipulated by the parties to a contract.
SEC. 3245. Eight hours' labor constitute a legal day's work in all cases where the same is performed under the authority of any law of this state, or under the direction, control, or by the authority of any officer of this state acting in his official capacity, or under the direction, control, or by the authority of any municipal corporation within this state, or any officer thereof acting as such; and a stipulation to that effect must be made a part of all contracts to which the state or any municipal corporation therein is a party. [Pol. Code.] Labor on public buildings.
Sec. 3233. All work done upon the public buildings of this state must be done under the supervision of a superintendent, or state officer or officers having charge of the work, and all labor employed on such buildings, whether skilled or unskilled, must be employed by the day, and no work upon any of such buildings must be done by contract. [Pol. Code.]
Day of rest.
SECTION 1. Every person employed in any occupation of labor shall be entitled to one day's rest therefrom in seven ; and it shall be unlawful for any employer of labor to cause his employees, or any of them, to work more than six days in seven ; provided, however, that the provisions of this section shall not apply to any case of emergency.
SEC. 2. For the purposes of this act, the term “day's rest” shall mean and apply to all cases, whether the employee is engaged by the day, week, month or year, and whether the work performed is done in the day or nighttime.
SEC. 3. Any person violating the provisions of this act shall be deemed guilty of a misdemeanor. [Stats. 1893, p. 54.]
United States criminals.
SEC. 1589. All criminals sentenced to the state prisons by the authority of the United States shall be received and kept according to the sentence of the court by which they were tried, and the prisoners so confined shall be subject in all respects and [to] discipline and treatment as though committed under the laws of this state. The wardens are hereby authorized to charge and receive from the United States, for the use of the state. an amount sufficient for the support of each prisoner, the cost of all clothing that may be furnished, and one dollar per month for the use of the prisoner. No other or further charge shall be made-by any officer for or on account of such prisoners. [Pen. Code.]
Expenses for prisoners to be paid by the United States.
All the expenses attendant upon the transportation from place to place, and upon the temporary or permanent confinement of persons arrested or committed under the laws of the United States, as well as upon the execution of any sentence of a court thereof respecting them, shall be paid out of the treasury of the United States in the manner provided by law. [Sec. 5536, Rev. Stats. of United States. ] Marshal to make provision for safekeeping of prisoners.
The marshal shall make such other provision as he may deem expedient and necessary for the safe-keeping of the prisoners arrested or committed under the authority of the United States, until permanent provision for that purpose is made by law. [Sec. 5538, Rev. Stats. of United States. ] United States convicts in state penitentiaries-Discipline.
Whenever any criminal, convicted of any offense against the United States, is imprisoned in the jail or penitentiary of any state or territory, such criminal shall in all respects be subject to the same discipline and treatment as convicts sentenced by the courts of the state or territory in which such jail or penitentiary is situated ; and while so confined therein shall be exclusively
ler the control of the officers having charge of the same, under the laws of such state or territory. [Sec. 5539, Rev. Stats. of United States.]
Selection of penitentiary where a judicial district is divided.
Where a judicial district has been or may hereafter be divided, the circuit and district courts of the United States shall have power to sentence any one convicted of an offense punishable by imprisonment at hard labor to the penitentiary within the state, though it be out of the judicial district in which the conviction is had. [Sec. 5540, Rev. Stats. of United States.]
Sentences to imprisonment for more than a year, where to be
executed. In every case where any person convicted of any offense against the United States is sentenced to imprisonment for a period longer than one year, the court by which the sentence is passed may order the same to be executed in any state jail or penitentiary within the district or state where such court is held, the use of which jail or penitentiary is allowed by the legislature of the state for that purpose. [Sec. 5541, Rey. Stats. of United States. ]
Penitentiary sentences, where to be executed.
In every case where any criminal convicted of any offense against the United States is sentenced to imprisonment and con
finement to hard labor, it shall be lawful for the court by which the sentence is passed to order the same to be executed in any state jail or penitentiary within the district or state where such court is held, the use of which jail or penitentiary is allowed by the legislature of the state for that purpose. [Sec. 5542, Rev. Stats. of United States. ]
Attorney general to contract for subsistence, etc.
The attorney general shall contract with the managers or proper authorities having control of such prisoners, for the imprisonment, subsistence, and proper employment of them, and shall give the court having jurisdiction of such offenses notice of the jail or penitentiary where such prisoners will be confined. [Sec. 5547, Rev. Stats. of United States.]
Hiring out of United States convicts prohibited.
Be it enacted, etc., That it shall not be lawful for any officer, agent or servant of the government of the United States to contract with any person or corporation, or permit any warden, agent, or official of any state prison, penitentiary, jail or house of correction where criminals of the United States may be incarcerated to hire or contract out the labor of said criminals, or any part of them, who may hereafter be confined in any prison, jail or other place of incarceration for violation of any laws of the government of the United States of America. [Act, Feb. 23, 1887, c. 213, sec. 24, Stats. at L. 411.]
Provisions for the employment of prisoners confined in government prisons are contained in act of March 3, 1891, chap. 529, sec. 2, post, following Rev. Stats., sec. 5550.
SEC. 2. That any person who shall offend against the provisions of this act shall be deemed guilty of a misdemeanor, and, on conviction thereof, shall be imprisoned for a term not less than one year nor more than three years, at the discretion of the court, or shall be fined not less than five hundred dollars nor more than one thousand dollars for each offense. [Act, Feb. 23, 1887, c. 213, sec. 2, 24, Stats. at L. 411.]
SEC. 3. That all acts or parts of acts inconsistent with the provisions of this act are hereby repealed; and this act shall take effect and be in force from and after its passage. [Act, Feb. 23, 1887, c. 213, sec. 3, 24 Stats, at L. 411.)
United States prisoners-Commutation for good conduct-com
putation. Be it enacted, etc., That each prisoner who has been or shall hereafter be convicted of any offense against the laws of the United States, and is confined, in execution of the judgment or sentence upon any such conviction, in any United States penitentiary or jail, or in any penitentiary, prison or jail, of any state or territory, for a definite term, other than for life, whose record of conduct shows that he has faithfully observed all the rules and has not been subjected to punishment, shall be entitled to a deduction from the term of his sentence to be estimated as follows, commencing on the first day of his arrival at the penitentiary, prison, or jail: Upon a sentence of not less than six months nor more than one year, five days for each month ; upon a sentence of more than one year and less than three years, six days for each month ; upon a sentence of not less than three years and less than five years, seven days for each month; upon a sentence of not less than five years and less than ten years, eight days for each month ; upon a sentence of ten years or more, ten days for each month. When a prisoner has two or more sentences, the aggregate of his several sentences shall be the basis upon which his deduction shall be estimated. [Act June 21, 1902, c. 1140, sec. 1, 32, Stats. at L. 397.]
Restoration of forfeited commutation.
SEC. 2. That in the case of convicts in any United States penitentiary, the attorney general shall have the power to restore to any such convict who has heretofore or may hereafter forfeit any good time by violating any existing law or prison regulation such portion of lost good time as may be proper, in his judgment, upon recommendations and evidence submitted to him by the warden in charge. Restoration, in the case of United States convicts confined in state and territorial institutions, shall be regulated in accordance with the rules governing such institutions, respectively. [Act June 21, 1902, c. 1140, sec. 2, 32, Stats. at L. 397.]
SEC. 3. That this act shall apply to all sentences imposed subsequent to July twenty-first, een undred and two, and to sentences imposed prior thereto the commutation upon which is less than that provided in this act. [Act June 21, 1902, as amended April 27, 1906. 34 Stats. at L. 149.]