— In July, 1863, the board of directors of the state prison made a contract with the plaintiff for the employment by the latter of certain convict labor for the period of three years. In May, 1865, the members of the board having
Upon these facts proven, the defendants moved for a non-suit upon the grounds, among others, that the contract was unauthorized by law. A judgment of nonsuit was rendered, and from that judgment, and from the order refusing a new trial afterward entered, plaintiff appeals.
By the act of April 24, 1858 (Stats. 1858, p. 259), it is provided that “the governor, lieutenant governor, and secretary of state, are hereby constituted a board of directors, whose duty it shall be to take charge of the state prison at San Quentin, and have the management and control of the state prison convicts. Said board shall have full and exclusive control of all the state prison grounds, buildings, prisoners, prison labor, prison property, and all other things belonging or pertaining to said state prison.” I do not think that a board of directors can make a contract for convict labor which shall extend beyond the limits of their term of office. If such contract may be made for an unlimited time, it is obvious that it would be in the power of the board to seriously trammel its successors in the performance of their required duties. Each board is required by law to assume and exercise “full and exclusive control of all ... . prisoners, prison labor, prison property, and all other things belonging or pertaining to said state prison.” It is difficult to see how this could be accomplished in the face of a binding contract for prison labor made by their predecessors.
I am of opinion that the nonsuit was properly granted.
Judgment and order affirmed.