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Show UTAH HAS RIGHT V: OPERATE INDUS i.:'.' ".' plants ATp:;i.r v. State Supreme Court Hand Down D : : " " : i c ; Appeal Giving the State Authorily fcr I tins: Convict to Work; All CL-tac! ? . pear to Have Been Removed; to Wc il: Z : . UTAH may establish a . plant to manufacture ovri"j nr whatever other produota it may desire, in the mats rrv-ri. All obstacle have been removed and just so soon a the b , of corrections plscea the machinery in position, the comii; i will be put to work and the atate will begin turning out prison-made prison-made gooda. Thia action will be taken in view of the decision of the supreme su-preme court, handed down Tuesday, in an opinion written I t Justice Valentine Gideon, which sustained the demurrer of i; attorney general in the. en.se -of W, R. Pollock; Bpaitft (iov. ernor Mabey and the board of cr,-. rectlons of the state, wn.rn pom- i out that ths conipalmt dl not facts sufficient to entitle the i n-tltf n-tltf to any relief. The opinion of the court sunt!". the demurrer of the artornv r:-n-eral, quaehea ths alttrnatlv w r.t of prohibition barer of ore isniM sgainst the board of correci.oi. , and dismisaea the cane. The litigation visa an or irtnal proceeding in the supreme court tv restrain the board of crrti i from carryfrig out and pum.. i: , affect ths provisioiia of a rn , resolution adopted at a mooimr f the board on March it. 14. j preamble and rexh.tioA was ni . part of the complaint. WRIT Or PROHIBITION. Upon the filing of the crrr' i r- an elternetlve writ of prwump. wss Issued by the court pn t attorney general appard for i board, aettlng forth that the en n-plaint n-plaint dl I nut atnt facta auff t to entitle plaintiff to anv re.f The plaintiff did not c jiim n ,t the action proposed by the -t waa violative of the cnntituii" i but that It WSS in cent r tn ( mn cf the statutes of the aiR'e, .'.wr.. laily chapter 11, title Juv. conn- i Isws of 1I.1T. The opinion then points oif lsw governing tha arare pn which ptacee It In the han-U of i board of corrertinna and wnu-n i i-posee i-posee certain duties, snd aioa t: at the only queatlon that tn com' t. hes to determine in, "IN tne a proposed by the reanlutmn cmtiH-vene cmtiH-vene any of the provisions of me ' atatutss?" CAA1ILITY Or PRISONERS. - "It ta Insisted, ' says tha rt,-t, "that the arrangement pmt.or.ed 1 v the resolution la in cn( i r-t iwi aubdlvialon 4 of section !&, swpra, in that the means to be emp.-i for furnishing employment to v . prlaoners do not take into a-eourt such employment aa la mom bn-flclal bn-flclal to tha staLe and beat sum-I to the several capacitiaa f tha d r-f r-f a rant prlaoners. In the conduct a 1 control of the priaon, the pe-u-i , . tiee of the different capn-iua f he varloua prisoners conined 1-, the atst priaon cannot be and a not Intended to be the only consideration con-sideration to guioa the board f corrections In deterrnining t he meana of furnishing employment to the prisoners. "In the practical application of the powers given mu-h latitude muet be allowed the members of the board In the exercis of sound discretion. The court cannot sv and would not be Justified In hoi i-ing, i-ing, from the record before u, tuat due consideration wss not given iv the board to the requlrementa vt this aubdlvialon. nor that the employment em-ployment proposed is not beat suited to the various capacities of the prisoners. in the very nature of things, that la a duty that mu-t very largely be left to the board of control. "It Is also argusd that. In adopt, tng tha resolution, the board haa run contrary to the provisions of section 1471. In that It has not selected se-lected diversified lines of Indiietrv and has not selected an industry that will ae little as possihls In. terfsrs with an Industry carried on by certain eltlsens of th stats LABOR UNLIMITED. "The statute doss not limit, nor sttempt to limit, the number of prison Inmates that may be employed em-ployed In any particular Industry. It Is only provided that the means of smployment ehall be such ss Is best suited to their several ca. paeltlea: that the governing board shall determine the line of productive produc-tive labor to be pursued and select (Continued on page I ) Utah Hoi Right to ' Opratm Industrial Plant at PrUon (Continued from pag 1) auch dive reified Industries with aa IHils Interfereno ss poealbj with the Jama lines of industry carried on by the clttaen of ths atate. At ths present tim wo ana nufectu ring Industry of any kind Is being conducted con-ducted In ths stats prison; neither are any of ths inmates engaged ta manufacturing enterprise. "The aoction of the statute quoted gives the board ths undoubted right to employ the Inmate In manufacturing manufac-turing Industrie. Ths only limitation limi-tation Is that the Industry selected hsll as littls aa poeeibl Interfaro ' with the asms industry rarried on i by the cltlsens of the state. The' 'statute definmg ths limitations of ,; an administration, commission or body should not be so Interpreted, If any other Interpretation Is per-misaible per-misaible from the language used, to defeat tho practical application of ths duties Imposed on such body. POWER NOT AfUwCD. "Whether the board has exercised wisdom In lnatallipg ths particular Industry proposed or In determining determin-ing th magnitude of that Industry aa proposed are question that courts should not attempt to review. In the absence of a showing that th aplrit of th statute as well as tha letter has been violated. There ar bo facts alleged In the complaint, nor ar ther ar statement state-ment In the resolution, which Indicate In-dicate that th bctard of corrections ha abused or-exceeded the power pow-er granted to It by ths sections of -ly appears that ths labor of th prisoners I to be under the direct control of stsi officials and the work to ba dons is for the atate and not for private Individuals or privets corporations. "Ths srgumept ta stressed that certain . Individual and corpora Hon ar engaged In th Industry proposed In the resolution and that of necessity ths establishment of th asms Industry In ths stats prison will seriously Interfere with th Industry of thos cltisena. 11 wss stated by counssl for olslntlff at ths oral argument that somewhere some-where between 6c and, to per cent of ths clas of good proposed to be manufactured In th prison aold to and used by th cltisauis of the state Is at prssent manufacturer! within ths stats: that th other 40 per cent or more comes from outside out-side th atate. It la clear, therefore, there-fore, that tho roods that will be produced by th manufacturing plant proposed to bo Installed In the prison walls will compete with that 40 per cent rather than with the Is per cent. "Furthermore, tho statute doea not aclud vry Industry fhst msy Interfere with ths eetabllahed industries carried on by cltlsens. Only ' that ths industry or Industries Indus-tries selected . anal! interfere as Iritis ss possible with ths industries indus-tries already established la th stats. MAY COMPETE. "It would bs difficult to conceive of any manufacturing Industry that ths prison officials could establish es-tablish within tha prison ws)la with tho limited capital available that would pot In some degree Inter In-ter fer with th established manu- tact u ring Industrie carried on by jth cltlsens of tbs otat. in It I final analysis th prison officiate 'ar driven to this extremity: They j must either keep th prisoners In 1 Idleness eicept such Incidental 1 work as Is to bs dono on ths farm and around ths prison 'grounds, or they must oatablish. jsoms Industry that will. In ths very nsturo of things, bo In com-) j petition with other Industries of , bhe stats. That ths tsgielature never contemplated that th re- strict Ion or limitation found In the statute should deny to thla board of control tho right to establish art Industry such as eon tsm plated by tho resolution under existing conditions ta. In our judgment, too clear for serious argument. "We ar not unmindful of ths accepted principle of law that an I administrative body may sxorels I Onlv such do ware aa are wvnreaalv dalacat and aa ar. timaarr to Irarrr Into affact d.l.catad powara. Th. wordlnc of lh. action of th. jatatut. laavM no raaaonabl. doubt of th laclilatlr. Inl.nt that pr-jaon. pr-jaon. conylctad of ertm. ahould b. lk.pt at hard labor. N.lthar la .tltar. any doubt that th. board ot I control 1. v.aiad with particular I dictionary powara In providing j th. matni by which thla laglalatlv. i Infant ahall ba earrld Int. .tfMt. Th. court, ahould not. and will not, thorafor., Itfhtljr Int.rf.r. wtth j thoa. dlacr.tlon.ry powara, Tha Idamurrar I. auataJnad: th. altar. Jnatltr. writ or prohibition harato-(or. harato-(or. Iaau.4 quaabad, and tba bill t dlamlaaad. JMANUFACTURCRS' CASE. I In th oaa. of th. rtah Manu-faclurara Manu-faclurara aaaoolatlon afalnat Uov I arnor Mabay and tha board of cor-rm'tlona, cor-rm'tlona, a almtlar caa. t. that of I Pollock, almllar action waa tak.n by tha court, tha court cancludlnf It. opinion aa fullowa: I "Via ar. cUsarly of tha opinion (that nothing propoaad In th. mo. lutlon I. pruhlbltad by thla auction lot tha conatltutlon. . N.lth.r do wa i think tha opinion In Prle. y. latabay. aupra. la datarmlnatlT. of ith. qucatlon har. prMcntcd, Th. jconclualona In that caaa war. baanl wholly uon tha fact that tha court waa of tha opinion that tha contract th.n before th. court and which waa propoad to ba carried , into HIkI waa violativ. of thla i pro.ialon of th. conatltutlon In that It amounted to hlrln convict labor to a corporation not under th. control or manasam.nt of tha lata or Ita official. Tb. raaolu-Hon raaolu-Hon of 11 arch it .pacifically pro-4 pro-4 Idea that tb. work propoaed 1. to be don. upon th. prlaon (round. and under th. diract control of tha tale. . I -Th. demurrer la auataltwd: tha all.rn.live writ ot prohibition heretofore leaued uaahe and the bill dleml.erd.t |