deliver to the State, or to such person or persons as may be designated by the Governor, said penitentiary, and all the property thereto pertaining For all property returned in good order and repair, said lessees shall be credited with the value thereof, as fixed by appraisement when they receive it: and for all property returned not in good order and repair, the said lessees shall be charged with such amount, to be estimated by appraisers, as will be necessary to place the same in good order and repair: and for all property received from the State and not returned, or not reserved by its officers, the said lessees shall pay the value thereof as fixed by appraisement when received; provided, the said lessees shall not be required to pay for property destroyed by fire or otherwise, not occasioned by the fault of themselves, their agents, or employees.

Ninth. If any improvements of a permanent kind are made by said lessees with the consent of the Penitentiary Board, they shall be allowed pay for same, as now provided by law.

Tenth. The right is reserved to the State, through its proper officers, to direct how and at all times and under all circumstances, the convicts whose labor is herein contracted, or leased, shall be lodged, fed, clothed, worked, guarded and treated, and it is distinctly understood and agreed that the control of said convict does not, under this lease, pass from the State or its officers, and the management of said convicts shall in all cases and under all circumstances remain under such control.

Eleventh. The said lessees shall by themselves, their agents, superintendents and foremen, have the right to direct the labor of the convicts belonging to said penitentiary, but subject to such sanitary and disciplinary instructions as may be prescribed by the rules and regulations: and the said State reserves the right and authority to forbid that said convicts be put to any work which subjects them to any unusual danger to their persons or health, or too much facilitates their chances of escape. Twelfth. It shall be the duty of the State officers in charge of said. penitentiary to require good, faithful work of said convicts, and in accordance with their physical ability to do the same. The hours of labor for convicts under this contract, shall not exceed ten hours per day, to be so arranged that they shall not be turned out of the prison building before daylight, nor remain out after dark, with such exceptions as may be made by the rules.

Thirteenth. The said lessees shall not sub-let nor assign this lease, or any interests therein, without the consent, in writing of the Governor of said State and the Penitentiary Board. If during the existence of this lease, a reformatory is provided by law, then the right is herein reserved, to withdraw such boys from this penitentiary as may be required to be placed in said reformatory, or in case a new penitentiary be provided, then the right is reserved by the State to place a proportionate share of the convicts thereafter sentenced in said penitentiary.

Fourteenth. Before the first day of January A. D. 1883, the said lessees shall execute and deliver to the Governor a bond in the amount of one hundred thousand dollars, with two or more good and efficient sureties, payable to the Governor and his successors in office, and conditioned that said lessees shall faithfully comply with the terms of this lease. If at any time, for any reason, the Governor of said State shall deem any bond given by said lessees insufficient, then, upon written notice and demand from him, they shall within thirty days furnish a new bond, or ad

ditional sureties satisfactory to said Governor, or in default thereof this contract may be cancelled.

Fifteenth. If the said lessees shall fail to do or perform any of the obligations of this contract, or shall do that which by the terms thereof they are forbidden to do, then the Governor of said State may at any time thereafter declare this agreement forfeited and the lease termminated, but the bond herein provided for shall remain in full force and effect, as to all the conditions intended to secure the State of Texas in this contract.

Sixteenth. This contract is made subject to all the provisions of the laws now in force or hereafter to be passed regulating the organization. and management of penitentiaries. It is also subject to the approval or the revocation of the next Legislature.

Witness our hands, day and date above written.

And whereas the said Penitentiary Board did on the 29th day of November, A. D. 1882 enter into a contract with Wm. Morrow, W. R. Hamby and W. H. Cherry, to let to them, the said Morrow, Hamby and Cherry, the State Penitentiary located at Rusk, on the following terms and conditions, to wit:

The State of Texas This indenture or contract of lease made the County of Travis twenty-ninth day of November A. D. 1882 by and between O. M. Roberts, Governor of the State of Texas, of the first part and W. Morrow, W. R. Hamby and W. H. Cherry under the firm name of Morrow, Hamby and Co. of the second part witnesseth.-That the said O. M. Roberts as Governor aforesaid, acting for and in behalf of the State of Texas, and with the concurrence of the Penitentiary Board of said State, and by virtue of the authority vested in him by an act of Seventeenth Legislature of said State, entitled An Act to provide for the organization of the State penitentiaries, and the more efficient management of the same, approved March 17th A. D. 1881, and in accordance with the provisions of said act, and for and in consideration of the covenants hereinafter mentioned and agreed to be kept and performed by the said Morrow, Hamby and Co. and their agents and representatives, have granted, demised, leased and hired, and by these presents do grant, demise, lease and hire unto the said Morrow, Hamby and Co. lessees of the State Penitentiary at Rusk, Texas, known as the Rusk Penitentiary, together with all the property of said State, real, personal, or mixed pertaining or incident to said penitentiary, whether within or without the prison walls, and the labor of all the convicts which may on the first day of January A. D. 1883 and thereafter be assigned to said penitentiary, whether within or without the prison walls to have and to hold the said property and labor herein leased unto the said lessees and their representatives for the term of fifteen years, unless sooner determined as herein

after provided, beginning January 1st A. D. 1883 and ending December 31st 1897. This lease is made and accepted upon the following terms, conditions, restrictions, limitations, considerations and understanding, to wit: First. Said lessees shall have the use of all lands, buildings, machinery, tools, ores, and other property connected with said penitentiary, except woods on State land, which may be used only for fuel for the penitentiary and not for coal for smelting. They shall also have the use of any unexpended appropriations made by the Legislature and which the Penitentiary Board now has at its disposal for purchase of machinery and for improvements of said penitentiary which said appropriations the said lessees shall expend as contemplated under direction of said Board. Said machinery when purchased to be placed in position by said lessees free of cost to the State.

Second. On or before January 1st 1883, the superintendent of penitentiaries shall make an equal and fair division of all convicts on hand belonging to the penitentiaries one half of whom he shall assign to the Rusk Penitentiary as inmates thereof, or belonging thereto, and one half the convicts thereafter received shall also be assigned to said penitentiary. The convicts so assigned to Rusk penitentiary are the convicts whose labor is herein contracted. In making such division and assignment the said superintendent shall have due regard to the location of said convicts, their term of service, their trades, crimes, color, age, sex and physical condition, so that as equitable a division as possible be made between the Rusk and Huntsville penitentiaries.

Third. The convicts herein leased include one half of all the convicts, including that class of convicts, contracted by the Penitentiary Board on the fifteenth day of August 1882 to certain farm labor for term of five years, which said contracts are one half assigned to said lessees, who hereby agree and bind themselves to assume and carry out in good faith and impartiality the terms and provisions of said contracts, and to do and perform every obligation assumed to be done or performed by the State in said contracts and to require said contractors to carry out the obligations assumed by them in said contracts. Whatever moneys or considerations accrue to the State by said contracts shall be paid to said lessees, but said lessees shall pay as hereinafter provided for in other cases the remuneration for sergeants and guards.

Fourth. In consideration of the lease herein made, said lessees have obligated themselves and hereby obligate themselves to pay into the State Treasury at Austin on or before the thirty-first day of December of each year, the sum of ten thousand dollars, that they will, on and after January 1st 1885 in conjunction with the lessees of the Huntsville Penitentiary, and on such terms as they may agree upon, with the approval of the Penitentiary Board receive convicts at the county jails and transport them to the penitentiaries free of any cost or charge whatsoever to the State, that they shall furnish everything whatsoever that may be proper and necessary for the support and maintenance of the said penitiary and for the comfort, health, protection and security of the convicts belonging thereto, whether within or without the prison walls, including the salaries of all the officers connected with said penitentiary, to-wit:--One assistant superintendent, one physician, one chaplain, and one inspector, also one-half of the salary of the Superintendent of Penitentiaries, and the compensation of under officers and guards employed by the State officers, all to be paid as may be directed by the Penitentiary Board, but they shall not be required to pay to under offi(449)

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cers and guards any greater compensation than the maximum amounts fixed by the Penitentiary Board before the making of this lease. Said lessees also agree and bind themselves to furnish suitable and substantial blank books, record books and other books in which to keep the necessary records, minutes or accounts pertaining to said penitentiary and its management, also furnish all stationery, blanks, postage, fuel, lights, furniture and other necessaries for the offices of the Superintendent and Assistant Superintendent, under keeper, and sergeants, also pay for tellegrams to or from said officers in regard to matters connected with the administration and management of said penitentiary, provided, they shall not be required to pay more than half the expenses of the office of the Superintendent. Said lessees shall also furnish stationery and postage for the convicts as prescribed by the rules. They also agree and hereby bind themselves to pay a reward of twenty-five dollars and the actual expenses incurred for the apprehension and return of each escaped convict who may be returned or assigned to said penitentiary. They shall also supply each convict discharged from said penitentiary with a plain suit of citizen's clothing, five dollars in money and railroad transportation as now required by law. In short said lessees shall assume and pay all the expenses connected with the administration of said penitentiary which the State would have to pay if it were operated on State account.

Fifth. Said lessees shall work in moderation and treat humanely all the convicts belonging to said penitentiary. They shall make and keep comfortable all cell buildings, prison houses, prison cars, shops etc, in which convicts are confined and worked, furnishing the necessary stoves, fuel and lights for heating and lighting said buildings. They shall clothe, feed, work and treat said convicts whether within or without the walls in accordance with and in strict obedience to the laws, rules and regulations, now or hereafter to be enacted in relation thereto, and in accordance with the principles and dictates of justice and humanity.

Sixth. Said lessees shall within six months after the commencement of this lease, make all necessary repairs to the buildings, walls, machinery, yards, premises and other property belonging to said penitentiary, whether within or without the walls, or whether used by them or reserved by the State for the use of its officers, and shall keep the same in good repair during this lease. They shall have painted as often as necessary, to protect and preserve them, all the tin roofs and gutters belonging to said penitentiary. They shall also keep in repair the administration building belonging to the State, but reserved for the use of its officers. They shall also furnish suitable rooms, beds and food for all under officers and guards connected with said Rusk penitentiary. If required, they shall furnish convict clerical help for the offices of the superintendent, assistant superintendent and under keeper. They shall also furnish building tenders, lime for whitewashing purposes, the best facilities for cooking food, washing the clothes and bathing the bodies of the convicts.

Seventh. Said lessees shall take possession of said penitentiary, its property and convicts, on the first day of January, A. D. 1883, and on and after that date, shall be held responsible therefor under the terms of this lease. As soon as an inventory and appraisement of such property can be made, said lessees shall deliver to the Governor a receipt therefor. Said lessees shall confine and work within the walls of said penitentiary, or at labor near by and incidental to the operation thereof, at least three

hundred convicts said number not to be diminished, but increased yearly in equal numbers until the number so confined shall reach at least eight hundred by January 1st 1886, and not thereafter to be diminished, the balance, if any, to be worked at outside labor under such restrictions as may be imposed by the board.

Eighth. Upon the termination of this lease by limitation or otherwise, the said lessees shall quietly and peaceably surrender, return and deliver to the State, or to such person or persons as may be designated by the Governor, said penitentiary, and all the property thereto pertaining. For all property returned in good order and repair the said lessees shall be credited with the value thereof as fixed by appraisement when they so received it, and for all property returned not in good order and repair the said lessees shall be charged with such amount, to be estimated by appraisers as will be necessary to place the same in good order and repair, and for all property received from the State and not returned, or not reserved by its officers, the said lessees shall pay the value thereof, as fixed by appraisement when received, provided, the said lessees shall not be required to pay for property destroyed by fire or otherwise, not occasioned by the fault of themselves, their agents or employees.

Ninth. If any improvements of a permanent kind are made by said. lessees with the consent of said Penitentiary Board, they shall be allowed pay for same as now provided by law.

Tenth. The right is reserved to the State through its proper officers to direct how, and at all times and under all circumstances, the convicts whose labor is herein contracted or leased shall be lodged, fed, clothed, worked, guarded and treated, and it is distinctly understood and agreed that the control of said convicts does not under this lease pass from the State, or its officers, and the management of said convicts shall in all cases and under all circumstances remain under such control.

Eleventh. The said lessees shall by themselves, their agents, superintendants and foreman have the right to direct the labor of the convicts belonging to said penitentiary, but subject to such sanitary and disciplinary instructions as may be prescribed by the rules and regulations, and the said State reserves the right and authority to forbid that said convicts be put to any work which subjects them to any unusual danger to their persons or health or too much facilitates their chances for escape.

Twelfth. It shall be the duty of the State officers in charge of said penitentiary to require good, faithful work of said convicts and in accordance with their physical ability to do the same. The hours of labor for convicts under this contract shall not exceed ten hours per day, to be so arranged that they shall not be turned out of the prison building before daylight, nor remain out after dark with such exceptions as may be made by the rules.

Thirteenth. The said lessees shall not sub-let nor assign this lease or any interest therein without the consent, in writing of the Governor of said State, and the Penitentiary Board. If during the existence of this lease a reformatory is provided by law, then the right is herein reserved to withdraw such boys from this penitentiary as may be required to be placed in said reformatory, or in case a new penitentiary be provided, then the right is reserved by the State to place a proportionate share of the convicts thereafter sentenced in said penitentiary.

Fourteenth. Before the first day of January A. D. 1883 the said lessees shall execute and deliver to the Governor a bond in the amount of one hundred thousand dollars with two or more good and sufficient sure