1 Of the guard systems, New Jersey, New York, Oregon, Arizona, and Utah discontinued the use of identifiable striped clothing; Virginia forced convicts to wear brown. For a detailed overview of the guard system (“the chain gang”) using Georgia's penal system as the object of study, see Lichtenstein, Alex, Twice the Work of Free Labor: The Political Economy of Convict Labor in the New South (New York: Verso, 1996), 152–85Google Scholar; Pennybacker, J.E., Fairbanks, H.S., and Draper, W.F., “Convict Labor for Road Work,” United States Department of Agriculture Bulletin No. 414 (Washington, DC, 1916), 52–60 Google Scholar.

2 Thomas J. Tynan, “Warden's Report to the Honorable Board of Penitentiary for the Biennial Period 1908–1910,” Biennial Reports, Museum of Colorado Prisons, Cañon City, CO.

3 The Good Roads Movement rose in the 1890s with the cycling fad and gained momentum at the turn of the century with the automobile; Wells, Christopher W., Car Country: An Environmental History (Seattle: University of Washington Press, 2012), 62–75 Google Scholar; and Olliff, Martin T., Getting Out of the Mud: The Alabama Good Roads Movement and Highway Administration, 1898–1928 (Tuscaloosa: The University of Alabama Press, 2017)Google Scholar. Reformers and organized laborers spurred a fin de siècle “crisis of imprisonment”; McLennan, Rebecca M., The Crisis of Imprisonment: Protest, Politics, and the Making of the American Penal State, 1776–1941 (Cambridge: Cambridge University Press, 2008), 137–92CrossRefGoogle Scholar.

4 On the theory that the state can use the prison and its policies to shape individuals’ modes of self-discipline by shifting the site of punishment from the body to the soul and mind, see Foucault, Michel, Discipline and Punish: The Birth of the Prison, 2nd ed. (New York: Vintage Books, 1995)Google Scholar. Canaday, Margot shows how the United States used legal mechanisms regarding immigration, welfare, and military policies to reinforce a definition of citizenship based on heterosexuality in The Straight State: Sexuality and Citizenship in Twentieth-Century America (Princeton, NJ: Princeton University Press, 2009)CrossRefGoogle Scholar. The pronoun “him” is used here because this paper focuses on convict labor systems generally used for incarcerated men, omitting the labor and reforms of and for incarcerated females.

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11 In 1994, the U.S. Board on Geographic Names approved the addition of a tilde in the city's name changing it from Canon City to Cañon City.

12 U.S. Census Bureau, Colorado Resident Population, accessed at: https://www.census.gov/dmd/www/resapport/states/colorado.pdf. Campbell Gibson and Kay Jung, “Working Paper 56: Historical Census Statistics on Population Totals by Race, 1790–1990, and by Hispanic Origin, 1790–1990, for the United States, Regions, Divisions, and States” (Washington, DC: U.S. Census Bureau, 2002), 48. Intake Records Binders from 1900 through 1920, Museum of Colorado Prisons, Cañon City, CO.

13 On the way race and region complicates an understanding of convict labor: Hernandez, Kelly Lytle, City of Inmates: Conquest, Rebellion, and the Rise of Human Caging in Los Angeles, 1771–1965 (Chapel Hill: University of North Carolina Press, 2017)CrossRefGoogle Scholar; Blue, Ethan, Doing Time in the Depression: Everyday Life in Texas and California Prisons (New York: New York University Press, 2012)CrossRefGoogle Scholar; on the construction of views of criminality by social scientists: Benton-Cohen, Katherine, Inventing the Immigration Problem: The Dillingham Commission and Its Legacy (Cambridge, MA: Harvard University Press, 2018)CrossRefGoogle Scholar; Muhammad, Condemnation of Blackness; on the connection between reform and eugenicists: Leonard, Thomas C., Illiberal Reformers: Race, Eugenics, and American Economics in the Progressive Era (Princeton, NJ: Princeton University Press, 2016)CrossRefGoogle Scholar; on how punishment is used to support a racialized social order: Oshinsky, David M., “Worse Than Slavery”: Parchman Farm and the Ordeal of Jim Crow Justice (New York: Free Press, 1997)Google Scholar; Ayers, Edward L., Vengeance and Justice: Crime and Punishment in the 19th Century American South (New York: Oxford University Press, 1984)Google Scholar; Alexander, Michelle, The New Jim Crow: Mass Incarceration in the Age of Colorblindness (New York: The New Press, 2010)Google Scholar; on an overview of theories of pathways to crime: Boppre, Breanna, Salisbury, Emily J., and Parker, Jaclyn, Pathways to Crime, vol. 1 (Oxford University Press, 2018)Google Scholar.

14 McGinn, Elinor Myers, At Hard Labor: Inmate Labor at the Colorado State Penitentiary, 1871–1940 (New York: P. Lang, 1993)Google Scholar.

15 Although this article focuses on the administrative and institutional understanding of prison reform, future research ought to complement this perspective by including the voices of the incarcerated to show whether the reforms worked, how the incarcerated experienced the reforms, and how the incarcerated negotiated their experiences. Mary Ellen Curtin contends that effective penal histories must focus on the lived experience of inmates for a fuller picture of the effects of policy: “‘Please Hear Our Cries’: The Hidden History of Black Prisoners in America” in The Punitive Turn: New Approaches to Race and Incarceration, eds. McDowell, Deborah E., Harold, Claudrena N., and Battle, Juan (Charlottesville: University of Virginia Press, 2013)Google Scholar.

16 McLennan, Crisis of Imprisonment.

17 For an example of a critique of the “vicious” contract system by the Boot and Shoe Workers’ Union, see Lovely, Collis, “The State-Use System,” The Annals of the American Academy of Political and Social Science 46 (Mar. 1913): 138–39CrossRefGoogle Scholar.

18 For an example of the Progressive critique to the convict labor system in which convicts produce for private enterprise and not the state, see Roosevelt, Theodore, “The New Penology,” The Annals of the American Academy of Political and Social Science 46 (Mar. 1913): 4–7 CrossRefGoogle Scholar.

19 McLennan, Crisis of Imprisonment, 191–92.

20 Foss, Eugene N., “Reform Through Labor,” The Annals of the American Academy of Political and Social Science 46 (Mar. 1913): 38CrossRefGoogle Scholar.

21 John Cleghorn, “Warden's Report to the Honorable Board of Penitentiary for the Biennial Period 1904–1906,” Biennial Reports, Museum of Colorado Prisons, Cañon City, CO.

22 Thos. M. Bowen, Charles Munn, and H. L. White, “Commissioners’ Report of the Colorado State Penitentiary,” Nov. 30, 1906, Museum of Colorado Prisons, Cañon City, CO.

23 Seely, Building the American Highway System, 162; the historiography about the turn-of-the-century state is vast, but some classical works and recent reassessments demonstrate the foundation being laid for an early iteration of the bureaucracy: Wiebe, The Search For Order; Hays, Conservation and the Gospel of Efficiency; Skowronek, Stephen, Building a New American State: The Expansion of National Administrative Capacities, 1877–1920 (Cambridge: Cambridge University Press, 1982)CrossRefGoogle Scholar; Zelizer, Julian E., “‘Stephen Skowronek's “Building a New American State” and the Origins of American Political Development,’” Social Science History 27:3 (2003): 425–41Google Scholar; Novak, William J., “The Myth of the ‘Weak’ American State,” The American Historical Review 113:3 (June 2008): 752–72CrossRefGoogle Scholar.

24 For parallel studies that contextualize how social scientists used state apparatuses to institute their reforms: Benton-Cohen, Inventing the Immigration Problem; Smith-Howard, Pure and Modern Milk; Cohn, Julie A., The Grid: Biography of an American Technology (Cambridge, MA: MIT Press, 2017)Google Scholar.

25 The semi-independent bureau within the USDA in charge of roads underwent several name changes from its inception in 1893 through its lasting iteration in 1918: Office of Public Road Inquiry (1893–1899); Office of Road Inquiry (1899–1905); Office of Public Roads (1905–1915); Office of Public Roads and Rural Engineering (1915–1918); Bureau of Public Roads (1918–1953).

26 Richard F. Weingroff, “Federal Aid Road Act of 1916: Building the Foundation,” Public Roads 60:1 (Summer 1996), at https://www.fhwa.dot.gov/publications/publicroads/96summer/p96su2.cfm.

27 For example, Logan Page, director of the OPPRE, communicated with major engineering schools across the country to standardize highway curricula; OPRRE published Public Roads beginning in 1918 to centralize and standardize information flow on highway construction; and, OPR sponsored the Good Roads Trains to foster public support for road development. Seely, Building the American Highway System, 60–111.

28 For the final report from this study: Pennybacker, J.E., Fairbanks, H.S., and Draper, W.F., “Convict Labor for Road Work,” United States Department of Agriculture Bulletin No. 414 (Washington, DC, 1916)Google Scholar.

29 Connecticut, Kentucky, Rhode Island, and South Dakota had no convicts working on the roads in 1913; six states used convict labor only to crush rocks; see State Aid Chart prepare by the Office of Public Roads in June 1913, “Tables – Dara RE Highway Systems of Nations of the World 1913” folder, 30/530/21/23/5/box 98, “Bureau of Public Roads Classified Central File 1912–1950” Series, Record Group 30, National Archives and Record Administration, College Park, MD.

30 Correspondence from Director of OPR to Surgeon General Rupert Blue, June 22, 1914, “Convict Labor 1913” folder, 530/21/23/6/box 111, “Bureau of Public Roads Classified Central File 1912–1950” Series, RG 30, NA-College Park.

31 “Convict Labor in 1923.” Bulletin of the U.S. Bureau of Labor Statistics. Washington, DC: U.S. Bureau of Labor Statistics, Jan. 1925.

32 Correspondence from W.D. Washington to Thomas Mott Osborne, Folder “Corres. Jan. 1914,” box 102, Osborne Family Papers, Special Collections Research Center, Syracuse University Libraries.

33 Thomas J. Tynan, “Warden's Report to the Honorable Board of Penitentiary for the Biennial Period 1908–1910,” 25, Biennial Reports, Museum of Colorado Prisons, Cañon City, CO.

34 McGinn, At Hard Labor, 113.

35 Tynan, Thomas J., “Prison Labor on Public Roads,” The Annals of the American Academy of Political and Social Science 46 (Mar. 1913): 58CrossRefGoogle Scholar.

36 Correspondence from James H. Causey to Governor George A. Carlson, May 27, 1915, box #1 (13609) Colorado State Penitentiary Thomas J. Tynan, Warden, Administrative and Correspondence, Department of Corrections, Colorado State Archives.

37 Correspondence from TJT to George Eisler, Sept. 30, 1914; from TJT to Kate Bernard, Aug. 7, 1915; from TJT to Thomas Mott. Osborne, Nov. 25, 2914, Box #1 (13609) Colorado State Penitentiary Thomas J. Tynan, Warden, Administrative and Correspondence, Department of Corrections, Colorado State Archives.

38 For one of the speeches he gave on his convict labor system, see Ozark Trails Association National Meeting Information, Apr. 7, 1915, box #1 (13609) Colorado State Penitentiary Thomas J. Tynan, Warden, Administrative and Correspondence, Department of Corrections, Colorado State Archives.

39 Tynan, Thomas, “Convict Labor on Road Work,” Good Roads 46:23 (Dec. 5, 1914): 211–12Google Scholar.

40 Prison Labor in the Governors’ Messages, Number Three (p. 16), folder 1, box 1, Collection 5966: National Committee on Prisons and Prison Labor Pamphlets and Leaflets, Kheel Center for Labor-Management Documentation and Archives, M.P. Catherwood Library, Cornell University.

41 State Board of Agriculture, State Farmers’ Institutes Season of 1914–15, Institute Bulletin No. 21 (Agricultural College, MI: State Board of Agriculture, 1915), 258–59.

42 Asher worked for five years under Tynan in the Colorado Department of Corrections as head overseer of a road camp, and Tynan lobbied on Asher's behalf to secure a position in California; Correspondences between Thomas J. Tynan and George Asher, Apr. 1915, box #1 (13609) Colorado State Penitentiary Thomas J. Tynan, Warden, Administrative and Correspondence, Department of Corrections, Colorado State Archives. For other examples of states working with TJT to introduce a similar honor system model, see correspondences with attorneys and politicians from Arizona or Illinois in box #2 (13610) Colorado State Penitentiary Thomas J. Tynan, Warden, Administrative and Correspondence, Department of Corrections, Colorado State Archives.

43 Prison Labor in the Governors’ Messages 1912–1913, Number Eight (p. 74), folder 1, box 1, Collection 5966: National Committee on Prisons and Prison Labor Pamphlets and Leaflets, Kheel Center for Labor-Management Documentation and Archives, M.P. Catherwood Library, Cornell University.

44 Quoted in State Board of Agriculture, State Farmers’ Institutes Season of 1914–15, Institute Bulletin No. 21 (Agricultural College, MI: State Board of Agriculture, 1915), 259.

45 For a fuller discussion of how Tynan embellished the financial records and the difficulty of precisely calculating the financial records of the Colorado State Penitentiary, see McGinn, At Hard Labor, 113–18.

46 Thomas J. Tynan, “Saving in Manhood” in “Warden's Report to the Honorable Board of Penitentiary for the Biennial Period 1908–1910,” Biennial Reports, Museum of Colorado Prisons, Cañon City, CO.

47 For an overview of the ways that the prison historiography remains “fragmented” with the many questions for scholars to probe: Curtin, Mary Ellin, “State of the Art: The New Prison History,” Labor: Studies in Working-Class History of the Americas 8:3 (Sept. 1, 2011): 97–108 CrossRefGoogle Scholar.

48 On industrial reform and rehabilitation: Blake McKelvey, American Prisons; McLennan, Crisis of Imprisonment; Kamerling, Capital and Convict; on white supremacy as a motivator: Ayers, Vengeance and Justice; on the economics of convict labor: Mancini, One Dies, Get Another; Lichtenstein, Twice the Work of Free Labor; Perkinson, Texas Tough.

49 United States Department of Agriculture Bulletin No. 414, 11.

50 Thomas J. Tynan, Warden's Reports from 1914 and 1916, Biennial Reports, Museum of Colorado Prisons, Cañon City, CO.

51 Correspondence from TJT to Kate Bernard (Juvenile Court), Aug. 7, 1915, Box #1 (13609) Colorado State Penitentiary Thomas J. Tynan, Warden, Administrative and Correspondence, Department of Corrections, Colorado State Archives.

52 “Convict Labor in 1923.” Bulletin of the U.S. Bureau of Labor Statistics. Washington, DC: U.S. Bureau of Labor Statistics, Jan. 1925, 16.

53 Thomas J. Tynan, “Warden's Report,” Dec. 21, 1922, 6, Biennial Reports, Museum of Colorado Prisons, Cañon City, CO.

54 Thomas J. Tynan, Warden's Reports from 1912 through 1916, Biennial Reports, Museum of Colorado Prisons, Cañon City, CO.

55 Thomas J. Tynan, “Warden's Report to the Honorable Board of Penitentiary for the Biennial Period 1910–1912,” Biennial Reports, Museum of Colorado Prisons, Cañon City, CO.

56 F. E. Cain, “Chaplain's Report,” Biennial Reports, Museum of Colorado Prisons, Cañon City, CO.

57 J. G. Blake, “Chaplain's Report,” Biennial Reports, Museum of Colorado Prisons, Cañon City, CO.

58 Thomas J. Tynan, “Warden's Report,” Dec. 20, 1920, Biennial Reports, Museum of Colorado Prisons, Cañon City, CO.

59 Quoted in Sidney Wilmot, “Good Roads and Convict Labor,” Journal of the American Institute of Criminal Law and Criminology 5:5 (1915): 777–83.

60 Axline, Jon, “Building Permanent and Substantial Roads: Prison Labor on Montana's Highways, 1910–1925,” Montana: The Magazine of Western History 62:2 (2012): 59–66, 95–96 Google Scholar; Pierce, Virgil Caleb, “Utah's First Convict Labor Camp,” Utah Historical Quarterly 42 (Summer 1974)Google Scholar; Ingram, Dixie Highway, 129–62.

61 On the connection between religion and politics in the South: Harvey, Paul, Race, Culture, and Religion in the American South (Oxford University Press, 2015)Google Scholar; Harvey, Paul, Freedom's Coming: Religious Culture and the Shaping of the South from the Civil War through the Civil Rights Era (Chapel Hill: University of North Carolina Press, 2007)Google Scholar.

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63 For some of the contemporary works that illuminate the debate over criminality as environmental or hereditary: Lambroso, Cesare, Crime: Its Causes and Remedies, trans. Horton, Henry P. (Boston: Little, Brown, and Company, 1911)Google Scholar; Miller, Daniel Right, The Criminal Classes: Causes and Cures (Dayton, OH: U.B. Publishing House, 1903)Google Scholar; Dougherty, George S., The Criminal as a Human Being (New York: Appleton & Co., 1924)Google Scholar.

64 Correspondence from Warden Thomas Tynan, Dec. 23, 1912, “Convict Labor 1913” folder, 30/530/21/23/6/box 111, “Bureau of Public Roads Classified Central File 1912–1950” Series, RG 30, NA-College Park.

65 Kelly Lytle-Hernández has complicated the historiography of convict labor with her analysis of Mexican convict labor in the West showing oppression and discrimination by race and class in City of Inmates. Her analysis focuses primarily on the City and County of Los Angeles's prison system. California, unlike most Western states, used chain gangs under the guard system, which did not allow much opportunity to allow character to disprove racial assumptions, as was the case with the honor system.

66 Fierce, Mildred C., Slavery Revisited: Blacks and the Southern Convict Lease System, 1865–1933 (Brooklyn: Africana Studies Research Center, 1994)Google Scholar; Lichtenstein, Twice the Work of Free Labor; Curtin, “State of the Art”; Sellin, Johan Thorsten, Slavery and the Penal System (New York: Elsevier, 1976)Google Scholar.

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69 This report was part of the underlying investigation into what became Bulletin 414. Report of Convict Labor Conditions in Colorado, “Convict Labor—CO” folder, 530/21/23/7/box 112, “Bureau of Public Roads Classified Central File 1912–1950” Series, RG 30, NA-College Park.

70 This data comes from the intake records of convicts 7,001 through 10,500, received during the beginning and height of the honor guard experiment, between 1/18/1908 and 5/1/1918; the intake papers can be found in Convict Intake Binders 14 through 20, Museum of Colorado Prisons, Cañon City, CO; the data on nativity of convicts comes from the Reports of the Chief Clerk filed in the Biennial Reports from 1910 through 1918, Biennial Reports, Museum of Colorado Prisons, Cañon City, CO. The intake forms fail to record race, except for “Negro,” which narrows this research to nativity and Blackness as defining characteristics during this period in which notions of race, as connected to nationality, were fluid. On the context of the growing notion of Black criminality based in statistics: Muhammed, Condemnation of Blackness, 15–34; on the changing notions of race and Whiteness in the early twentieth century: Roediger, David R., Working toward Whiteness: How America's Immigrants Became White; the Strange Journey from Ellis Island to the Suburbs (New York: Basic Books, 2006)Google Scholar; Chang, David A., The Color of the Land: Race, Nation, and the Politics of Landownership in Oklahoma, 1832–1929 (Chapel Hill: University of North Carolina Press, 2010)CrossRefGoogle Scholar.

71 The prison averaged between 600 and 850 inmates over this decade, with an average of just over 100 taking classes and/or using the library at any point; data on teachers and courses taught, including English as a second language and foreign language courses, can be found in the Reports of the Chaplains filed in the Biennial Reports, 1910 through 1922, Biennial Reports, Museum of Colorado Prisons, Cañon City, CO.

72 Although no list that corresponds the honor system convict laborers to the crimes committed exists, Tynan notes repeatedly the convicts’ diversity in nativity, education, type of crime, and sentence length.

73 This report was part of the underlying investigation into what became Bulletin 414. Report of Convict Labor Conditions of South Carolina, “Convict Labor” folder, 530/21/23/7/box 112, “Bureau of Public Roads Classified Central File 1912–1950” Series, RG 30, NA-College Park.

74 Thomas J. Tynan, “Prison Labor on Public Roads,” The Annals of the American Academy of Political and Social Science 46 (Mar. 1913): 58.

75 Tynan, “Prison Labor on Public Roads,” 58–59.

76 Ayers, Edward L. et al. , All Over the Map: Rethinking American Regions (Baltimore: Johns Hopkins University Press, 1996), 8Google Scholar.

77 F.E. Crawford, “Warden's Report—Broadacre Farm,” Dec. 18, 1928, Biennial Reports, Museum of Colorado Prisons, Cañon City, CO.

78 On the connection between free and unfree labor in history: Lichtenstein, Alex, “A ‘Labor History’ of Mass Incarceration,” Labor: Studies in Working-Class History of the Americas 8:3 (Sept. 1, 2011): 5–14 CrossRefGoogle Scholar.

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80 O.F. Lewis, “The ‘Trusty’ in the New Penology: The Spread of a Policy to Train Rather Than Chain the Wrong-Doer,” Boston Evening Transcript, Aug. 8, 1914.