Pitts

The issues of this appeal relate to the effect of the third paragraph of article X, section 1 (formerly art. X, § 6, repealed 1960) of California’s Constitution, hereafter referred to as “article X, section 1,” on the state’s practice under successive administrations of using con vict labor for harvesting privately owned crops during periods of alleged labor shortages.

Article X, section 1, directs: “The labor of convicts shall not be let out by contract to any person, copartnership, company or corporation, and the Legislature shall, by law, provide for the working of convicts for the benefit of the State.”

It has been the practice in California, at least in some areas, for “local county prisoners” to aid in crop harvesting during periods when a farm labor shortage was believed to exist. The practice seems to have extended to a similar use of inmates of state prisons. In 1966 an average “work force of approximately 500” such prisoners was employed during certain harvest seasons. Again, as early as June 2, 1967, state officials were advised “that the situation in Stockton is such that the use of state prisoners is imminent.” Thereafter, on September 27, 1967, the…