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Montana State Prison records

 Collection
Identifier: RS-197

Scope and Contents

This collection is divided into four subgroups: Montana State Prison Records (1881-1974); Board of State Prison Commissioners Records (1890-1962); State Board of Pardons Records (1890-1965); and the United States Penitentiary, Montana Territory Records (1864-1878).

The records of the Montana State Prison are divided into five series. The general correspondence (1891-1916) contains letters between Frank Conley and Thomas McTague and the governor, the clerk of the Board of Examiners, and two suppliers to the prison. The outgoing correspondence (1909-1921) of Conley and McTague pertains to inmates (paroles, pardons, behavior, time served, restoration to citizenship, escapes, work camps, sale of goods produced by prisoners, etc.), supplies, prison employment, penology, personal business of Conley and McTague, etc. The financial records (1893-1963) include cash books, general ledgers, journals, prisoner accounts with Deer Lodge and prison stores, voucher registers, etc. The bulk of the prisoner records (1881-1974) consists of prison description sheets which include each prisoners' vital statistics, and information about the crime committed, the sentence received, and a list of past crimes. The prisoner records also include lists of a conduct record; criminal charges against former Montana State Prison inmates; lists of prisoners received and discharged; a medical treatment record; lists of prisoners who were pardoned, paroled, and received suspended sentences, diminished sentences, and restoration of citizenship; and prison population statements.

The records of the State Board of Pardons include minutes (1880-1926), prisoner records (1892-1922), and miscellany (1963, 1965). The minutes are primarily approvals of paroles. The prisoner records are correspondence and documents relating to specific prisoners' pardons.

The records of the Board of State Prison Commissioners are divided into seven series. The general correspondence (1905-1929) consists of correspondence of the clerk of the Board. The hearings series (1957) consists of a transcript of a hearing concerning an investigation of conditions at the prison. The legal documents (1907, 1927) consist of an agreement for the purchase of cement and an easement granted to a railroad. The minutes (1890-1962) primarily concern the approval of paroles, the discharge of prisoners, the termination of sentences, return of prisoners for violation of parole, transfer of prisoners to the State Hospital for the Insane, etc. For some years (1910-1927,1949-1954) there is a separate run of minutes that deals exclusively with paroles. There is some discussion of procedures, investigations, etc. The prisoner records (1913-1955) consist of suspended sentence orders. The reports series (1960) consists of a report by the Prison Advisory Board concerning prison industries. The miscellany series (1959, undated) includes blank forms, procedural guidelines, and interviews with prisoners relating to the approval of "good time".

The Records of the United States Penitentiary, Montana Territory, are divided into six series. The general correspondence series (1875) consists of correspondence sent by W. F. Wheeler concerning housing prisoners. The incoming correspondence series (1874-1876) consists of correspondence received by W. F. Wheeler concerning housing prisoners and leasing space in court rooms. The financial records series (1886-1889) consists of an expense journal kept R. S. Kelley. The legal documents series consists of leases, memoranda of agreement and miscellany concerning housing prisoners, operating the prison and construction of the prison. The reports series (1873, undated) consists of reports of the Directors, the Physician, the Warden, and the U.S. Grand Jury. The miscellany series (1868-1878) consists of documents regarding the construction of the prison, inventories and rules and regulations. Restriction: Prisoner description sheets are restricted from public use due to their fragility. An archivist can search these sheets and provide the researcher with a receival date at the prison. This date will allow the researcher to find the prisoner description sheet on State Microfilm 36, where the description sheets are arranged by date received at the prison. Researchers are advised to provide the archivist with all possible variations of the prisoner's name.

Dates

  • Creation: 1864-1974

Language of Materials

English

Conditions Governing Access

Collection is open for research. Use of the prisoner description sheets is restricted due to their fragile condition. An archivist can search these sheets and provide the researcher with a receival date at the prison. This date will allow the researcher to find the prisoner description sheet on State Microfilm 36, where the description sheets are arranged by date received at the prison. Researchers are advised to provide the archivist with all possible variations of the prisoner's name.

Conditions Governing Use

The Montana Historical Society is the owner of the materials in the Research Library and makes available reproductions for research, publication, and other uses. Written permission must be obtained from the Research Library before any reproduction use. The Society does not necessarily hold copyright to all of the materials in the collections. In some cases, permission for use may require seeking additional authorization from the copyright owners.

Biographical / Historical

Representative John N. Rodgers introduced HB Memorial 7 in December 1866 that sought federal funds for a territorial penitentiary in Montana. In January 1867 funding was approved and the penitentiary opened in Deer Lodge in July 1871. It was relinquished to Montana Territory in 1873, and taken over by the federal government once again in 1874. The penitentiary became a state institution in 1889, when Montana achieved statehood.

The state contracted with former prison guard Frank Conley and Colonel Thomas McTague to operate the penitentiary from 1890 to 1908, with Conley as warden. In 1909 the state hired Conley as warden, a position he held until 1921. Conley instituted an extensive trusty program in which many prisoners worked outside the prison walls. Prison work crews built roads in western Montana and constructed buildings at the Montana State Hospital for the Insane and the Montana State Tuberculosis Sanitarium, as well as making many improvements to the prison itself. In 1921 Governor Joseph Dixon initiated an investigation of Conley's alleged use of state monies for personal gain; this investigation led to Conley's dismissal.

Conditions at the prison deteriorated in the decades that followed Conley's dismissal. The trusty program was largely abandoned due to the depressed economy and the concomitant protest by free labor against prisoners working outside the prison. Additionally, few industries had been developed within the prison, leaving many inmates idle. Overcrowding and the decay of the physical plant contributed to poor living conditions at the prison.

In 1957 an investigation of prison conditions conducted by Kenyon J. Scudder reported appalling and potentially explosive conditions at the prison. Later that year a "disturbance" did occur during which hostages were taken. A large scale riot occurred in 1959. The prison was made part of the Department of Institutions in 1963. A new prison was constructed in 1979 outside of Deer Lodge.

The Board of Territorial Prison Commissioners (later the Board of Prison Commissioners) was established in 1867, consisting of three elected members holding office for two years. The commissioners had "full and exclusive control over all the territorial prison grounds, buildings, prisoners, prison labor, prison property and all other things belonging or pertaining to said prison," and established "rules, regulations and by-laws" to govern the prison. The commissioners met every three months. An 1893 law removed prisoners from the commissioners' control, empowered the Board to appoint the warden, and established the Board as consisting of the governor, the secretary of state, and the attorney general, with two members constituting a quorum. In 1907 the Board was given the power to approve or disapprove parole for prisoners recommended by the governor. In 1913 the governor was given the power to appoint the warden, and the Board was given jurisdiction over persons receiving suspended sentences. In 1955 the Board's jurisdiction over paroles and suspended sentences was delegated to the State Board of Pardons. Legislation establishing the Board of State Prison Commissioners was not included in the 1972 constitution; the Board was formally abolished in 1974.

The State Board of Pardons was established in 1891, consisting of the secretary of state, the attorney general, and the state auditor. The Board was required to convene if the governor granted a pardon, remitted a fine or forfeiture, or commuted a punishment. The Board would then cause a notice of a hearing concerning the case to be published in a newspaper in the county in which the crime was committed and notify the concerned county attorney, district judge, and sheriff. Subsequent to the hearing the Board would file its decision with the secretary of state. In 1955 the Board membership was changed to three members appointed by the governor to terms of six years. The appointees were given the responsibility of administering the executive clemency, probation, and parole system. The Board was made part of the Department of Institutions in 1971.

Extent

70 linear feet

Abstract

This collection consists of records of the Montana State Prison (1869-1974), the Board of Pardons (1890-1965), the Board of Prison Commissioners (1890-1962), and the United States Penitentiary, Montana Territory, including materials such as prisoner description sheets, prisoner receipt and discharge registers, minutes, etc.

Arrangement

The collection is arranged by subgourp and then by series.

Physical Location

59:1-1

Immediate Source of Acquisition

Acquisition information available upon request.

Processing Information

Processed in 2007

Title
Guide to the Montana State Prison records 1869-1974
Author
Finding aid prepared by MHS staff.
Date
2007
Description rules
Finding Aid Based On Dacs (Describing Archives: A Content Standard, 2nd Edition)
Language of description
English
Script of description
Code for undetermined script
Language of description note
Finding aid written in English.
Sponsor
Funding for encoding this finding aid was provided through a grant awarded by the National Endowment for the Humanities.

Repository Details

Part of the Montana Historical Society, Research Center Archives Repository

Contact:
225 North Roberts
PO Box 201201
Helena MT 59620-1201 United States
406-444-2681
406-444-2696 (Fax)