Full opinion text
OPINION ELMO B. HUNTER, District Judge. The above-styled consolidated actions are brought pursuant to Rule 23, F.R.Civ.P., wherein the named plaintiffs seek injunctive and declaratory relief on behalf of all inmates presently confined at the Missouri State Penitentiary in Jefferson City, Missouri [hereinafter sometimes referred to as the Penitentiary] and those to be confined there in the future. With the consent of the parties, this Court, on August 10,1978, severed the various issues raised by the Complaints and ordered that the September 25,1978 trial be “limited to solely the issues of overcrowding and unsanitary conditions, the remaining issues raised by these actions to be tried at a date to be later set by the Court.” Specifically, plaintiffs ask that the Court find that, upon consideration of the totality of the conditions which exist at the Penitentiary, (1) the Penitentiary is so overcrowded and unsanitary that it is deplorable and inhumane and wholly fails to provide a tolerable living environment; (2) the conditions of confinement at the Penitentiary complained of herein serve no legitimate correctional purpose. Plaintiffs then ask that the Court declare, as a consequence of such findings, that the overcrowding and unsanitary conditions violate the Eighth and Fourteenth Amendments to the United States Constitution. Defendants in these cases include Joseph P. Teasdale, Governor of the State of Missouri, James F. Walsh, Director of the Missouri Department of Social Services, Sheldon Bernstein, Deputy Director of the Department of Social Services, Donald R. Jenkins, Director of the Missouri Division of Corrections, and Donald W. Wyrick, Warden of the Missouri State Penitentiary at Jefferson City. Jurisdiction is conferred by 28 U.S.C. § 1343(3) and (4). I THE PENITENTIARY: AN OVERVIEW A. Generally The Missouri State Penitentiary for Men at Jefferson City, Missouri covers 47.8 acres and is situated on a bluff overlooking the Missouri River. Buildings presently in use at the institution include Housing Units, a Maintenance Building, Clothing and Shoe Factories, Metal and Furniture Plants, a Soap Factory, Recreation Buildings, a Power Plant, a Hospital, an Administration Building, a Lower Yard Canteen, and a Garage Building. Inmates at the Penitentiary reside in one of the seven housing units within the walls, the hospital, or in Housing Unit # 7, located outside the walls of the Penitentiary. Housing Unit #1 contains the Diagnostic Center, which is the reception center for the entire Missouri prison system. Although it is located within the walls, defendants argue that it is not a part of the Missouri State Penitentiary. With this in mind, the parties have stipulated that the inmate population at the Penitentiary was as follows for the dates indicated: Including HU #1 Date and HU # 7 Excluding Excluding HU # 1 HU # 7 Including Excluding HU #7 HU #1 5- 30-78 2,594 2.424 2,313 6- 09-78 2,620 2,414 2,303 6- 27-78 2,582 2,420 2,305 7- 28-78 2,633 2,416 2,308 8- 15-78 '2,582 2.424 2,309 Although not the subject of a stipulation, Warden Wyrick did testify at trial that, as of September 28, 1978, the total inmate population at the Penitentiary, including both Housing Units 1 and 7, was 2,624; excluding Housing Unit # 1 only, the population was 2,442; excluding both Housing Units 1 and 7, the population was 2,330. According to defendants’ Answers to Interrogatories, as of July 1, 1975, there were a total of 1,945 inmates housed at the Penitentiary, including both Housing Units 1 and 7; excluding Housing Unit #1 only, the population was 1,729; excluding both Housing Units 1 and 7, the population was 1,621. B. The Long-Term Housing Units Housing Unit No. 2 Housing Unit No. 2 is what is known as a “cell block.” A cell block is a structure containing four tiers of cells. The first tier of each cell block is referred to as “the flag,” and each tier has two walks. Thus, Walks 1 and 2 are located on the flag (the first tier), Walks 3 and 4 are located on the second tier, etc. Housing Unit No. 2 is divided into two wings, the wings being separated by a rotunda, where the Sergeant’s office is located. One wing is known as Housing Unit 2A (also known as P Hall) while the other wing is known as Housing Unit 2B (also known as G Hall). There are 24 cells located on each walk of Housing Unit 2A and 24 cells located on each walk of Housing Unit 2B, for a total of 192 cells located in Housing Unit 2A and 192 in Housing Unit 2B. One of the cells, however, on each walk in Housing Unit 2A has been converted into a shower area, as has one of the cells on each walk in Housing Unit 2B, according to the testimony of Warden Wyrick. Each of these shower cells is equipped with two shower heads, for a total of 16 shower heads in Housing Unit 2A and 16 shower heads in Housing Unit 2B. Of the remaining 368 cells in Housing Unit No. 2, 366 are used to house inmates. Ninety of these cells contained one inmate, as of September 16, 1978, while 276 cells contained two inmates, for a total population of 642. This compares with a population of approximately 357 on July 1, 1975. There are sixty-four window frames in Housing Unit No. 2, each measuring sixty feet in width by thirty feet in height. The Housing Unit was constructed in the late 1930’s and the cells contained therein measure 6'7" by 7'2" by 8'2", for a total of 47.18 square feet. The entire Housing Unit is devoted to the housing of inmates in the Penitentiary’s géneral population. Housing Unit No. 3 Housing Unit No. 3 is also a cell block. Like Housing Unit No. 2, it is divided into two wings, the wings being separated by a rotunda, where the Sergeant’s office is located. One wing is known as Housing Unit 3A (also known as C Hall) while the other wing is known as Housing Unit 3B (also known as D Hall). Housing Unit 3A has four tiers of cells and eight walks, as does Housing Unit 3B. Each walk has one shower area with two shower heads each, for a total of sixteen shower areas containing a total of thirty-two shower heads in Housing Unit 3. There are thirty-two window frames in Housing Unit 3, each measuring eight feet wide by twenty-four feet high. Housing Unit No. 3 was constructed in approximately 1865 and contains 222 cells, -each measuring 6'6" by 10' by 7'10" (65 square feet). As of September 16, 1978, each of the 222 cells in Housing Unit No. 3 contained two men, for a total population of 444. This compares to a total population of 426 on July 1, 1975. Housing Unit No. 4 Housing Unit No. 4 was constructed in approximately 1865 and is what Warden Wyrick described as a “semi-honor dorm.” Inmates must make written application to live in this unit, and that application is reviewed, together with the inmate’s past conduct record, by the administration in order to determine whether the inmate in question has demonstrated an ability to live with his fellow inmates under a minimum of supervision. He described the beds contained in the unit as being wider and of superior quality, and further observed that they were not bunk beds, nor were they attached to the walls. The unit contains 136 cells, each measuring 8'7" by 12'9" by 8'8" (109.437 square feet). It has one central shower area containing six shower heads. Each cell in the unit has an individual window frame and, in addition, there are 32 window frames in the unit, each measuring approximately eight feet wide by twenty-four feet high. As of September 16,1978, each of the 136 cells contained in Housing Unit No. 4 housed two men, for a total population of 272. This compares to a total population of 240 oh July 1, 1975. Housing Unit No. 5 Housing Unit No. 5 was constructed in the late 1930’s and is a cell block, very similar to Housing Unit No. 2. It contains 364 cells which are used to house inmates, each measuring 6'7" by 7'2" by 8'2" (47.18 square feet). Like Housing Unit No. 2, it is divided into two wings, the wings being known as Housing Unit 5A (also known as J Hall) and Housing Unit 5B (also known as K Hall). The wings are separated by a rotunda, where the Sergeant’s office is located. Housing Unit No. 5A has four tiers of cells and eight walks, as does Housing Unit 5B. Each walk has one shower area with two shower heads each, for a total of sixteen shower areas containing a total of thirty-two shower heads in Housing Unit 5. There are sixty-four window frames in the Unit, each measuring eight feet wide by twenty-four feet high. The first three tiers of Housing Unit No. 5A, containing 136 cells, constitute the Special Treatment Unit, to be discussed later. Including those inmates housed in the Special Treatment Unit, Housing Unit No. 5 contained 376 inmates on July 1, 1975 and 630 inmates on July 1, 1978. According to the stipulations of the parties, that figure had risen to 640 by September 16, 1978 and, according to Warden Wyrick’s daily count sheet dated September 28, 1978, the figure had risen to 658. If those inmates housed in the Special Treatment Unit are not included, then Housing Unit No. 5, as of September 16, 1978, contained 364 inmates, 88 in one-man cells, 138 in two-man cells. Housing Unit No. 6 Housing Unit No. 6 was constructed in the late 1930’s and is what Warden Wyrick describes as an honor dormitory. Inmates must make application to live in this unit, and that application is reviewed, together with the inmate’s past .conduct record, to determine whether the inmate in question has demonstrated an ability to live with his fellow inmates under a minimum of supervision. Mr. Wyrick emphasized that inmates are screened very closely before being placed in Housing Unit No. 6. The unit consists of three floors, the first being devoted to indoor recreational activities such as pool, ping pong, checkers, and cards, and the second and third floors serving as living quarters. The unit has no cells; rather, it contains 86 cubicles, each made of %" plywood. The plyboard “walls” of each cubicle are only three and one-half to four feet high and are entered through an opening approximately two feet wide. The cubicles measure 7' by 7' (49 square feet) and each house one inmate, for a total of 86 inmates in Housing Unit No. 6. This compares to a total population of 83 on July 1, 1975. There are two central shower areas in the unit, with four shower heads in each area, for a total of eight shower heads. The unit contains 32 window frames, each measuring 6' wide by 6' high. Housing Unit No. 7 Housing Unit No. 7 is a dormitory located outside the walls of the Penitentiary. It is a three-story self-contained unit with its own recreational and dining facilities. The inmates assigned to Housing Unit No. 7 work outside the walls of the Penitentiary and spend little time within the walls. According to the testimony of Warden Wyrick, about the only time an inmate housed in Unit No. 7 would come within the walls would be for sick call, religious services, or basketball and softball games against inmates of one of the other housing units. As it is located outside the walls, Housing Unit No. 7 is, of course, an honor dormitory. To get into Housing Unit No. 7, an inmate must appear before the Classification Committee after having been referred to them by his case worker. Among the things considered by the Committee is the type of crime for which the inmate was sentenced, the inmate’s previous record at the Penitentiary and at any other institution to which he has been committed, and the sentence imposed. Inmates housed in Housing Unit No. 7 are located on two floors of the unit, the remaining floor being devoted to food preparation and dining facilities. The two floors devoted to living quarters consist of long rows of double bunk beds with no barriers of any sort to separate them. Each of these two floors contains a central shower area, each containing four shower heads, for a total of eight shower heads in the unit. The unit contains sixty-nine window frames, each measuring 4' wide by 6' high. As of September 28, 1978, there were 112 inmates housed in Housing Unit No. 7. This compares to a total population 108 on July 1, 1975. Housing Unit No. 9 The building in which Housing Unit No. 9 is located was constructed in approximately 1955 and, until two years ago, was the Central Clothing Building where inmate clothing was issued. For the past two years, however, it has been operated as a dormitory, containing cubicles similar to, but a little larger than those cubicles contained in Housing Unit No. 6. It is an honor dormitory and inmates must make application to be admitted there. There is one central shower area in the unit, containing seven shower heads. There are nine window frames, each measuring 5' wide by 6' high, in the .unit. There are 55 cubicles in the unit, each of which measure 7'3" by 7'2" (51.958 square feet). As of September 16, 1978, the unit housed 55 inmates. According to the testimony of Warden Wyrick, this is the greatest number of inmates it has ever housed. C. The Short-Term Housing Units Housing Unit No. 1 (the Diagnostic Center) Housing Unit No. 1 is the Diagnostic Center, the receiving unit for the entire prison system in Missouri. Inmates normally spend from one week to five weeks here before being transferred to various correctional facilities throughout the State, including the Missouri State Penitentiary at Jefferson City, Missouri. Warden Wyrick is responsible for security at the Diagnostic Center and is also responsible for clothing, feeding, and providing medical care and recreational and religious services to the inmates temporarily housed at the Center. The Director of Classification and Assignment is responsible for the inmates at the Diagnostic Center in all other respects. At the Diagnostic Center, inmates undergo physical examinations, take a battery of tests, and meet with caseworkers. In addition, they leave their cells three times daily for meals, once a week to go to the canteen, once a week to go to a movie, and once a week for gym (which lasts two hours). Inmates at the Diagnostic Center never go anywhere in the Penitentiary except under guard. Housing Unit No. 1 was constructed in approximately 1865 and contains 92 cells, each measuring 7'3" by 8'2" (59.2 square feet). As of September 16,1978, 59 cells in Housing Unit No. 1 contained two men each and 33 cells contained three men each, for a total of 217 inmates. On July 1, 1975, the unit housed 216 men. The Unit contains a central shower area with thirteen shower heads. The Special Treatment Unit (Protective Custody) The Special Treatment Unit (referred to as STU), which is contained in Housing Unit 5A, houses inmates who have expressed a fear of living in General Population. As explained by Warden Wyrick, any inmate who requests that he be placed in STU and who expresses a fear of living in General Population is automatically and immediately placed in the Unit. The Special Treatment Unit is segregated from the General Population of Housing Unit No. 5 by chain link fencing and doors with security locks. Inmates in STU are permitted out of their cells three times a day to eat in the dining room (where they go under officer escort), one night a week to go to the gym (for 90 minutes), one night a week to go to a movie, and one night a week to walk around on the flag and visit (for 90 minutes). Over fifty inmates in STU are involved in the educational program within the Unit. The cells in STU measure the same as those in the General Population areas of Housing Unit No. 5 (6'7" by 7'2" by 8'2", or 47.18 square feet) and, as of September 16, 1978, it contained 138 cells with two men in each cell. No out of doors exercise or recreation is provided for inmates in STU; rather, as earlier noted, they are permitted to go to the gym once a week for 90 minutes and are permitted on the flag of Housing Unit 5A once a week for 90 minutes. Cells in STU have the same furnishings as those in the permanent housing units. The inmates confined to STU do the painting and other minor maintenance chores within the Unit. The Administrative Segregation Unit The Administrative Segregation Unit, also known as “Ad Seg” and “the Basement,” is located in the same structure as Housing Unit No. 3 and is used to house inmates who have committed acts of violence or attempted to escape. Once placed in the Administrative Segregation Unit, the situation of each inmate is reviewed by the Classification Committee at the end of every 90-day interval to determine whether the inmate should be returned to General Population. According to the testimony of Warden Wyrick, an inmate is usually confined to the Unit for no more than one year, but some have been confined there for longer than four years. As of September 16, 1978, the unit contained 55 cells, five cells with one bed and 50 cells with two bunks, each of which is 65 square feet in area. As of July 1, 1978, there were 152 inmates in the Unit, while in 1975, the population of the Unit varied from 108 to 145. When the number of inmates in an administrative segregation cell exceeds the number of beds, a mattress and a sheet are provided to accommodate the excess. Cells in the Unit are furnished with beds, mattresses, toilet and basin. The inmates are allowed to have radios, games, food, cigarettes, books, newspapers and other personal items in their cells. They are not, however, provided a table, chair, or locker as are inmates in General Population. Inmates in Administrative Segregation are permitted to exercise outside in a yard adjacent to the Unit twice a week for an hour each. They must remain in their cells except for shower periods, visitation, consultation with attorneys, work done in the Administrative Segregation Unit, appearance before Classification Teams, exercise periods, and hospital treatments. They are not permitted to eat in the dining hall; rather, they are served their meals in their cells. There are five central shower areas in the Administrative Segregation Unit, four of which have three shower heads and one which has one shower head, for a total of thirteen shower heads. Inmates in the Unit are allowed to shower once a day. The Adjustment Unit The Adjustment Unit, also known as Punitive Segregation or “the Hole,” is where inmates are confined, for less than ten days, for infractions of Penitentiary Rules. Usually, the infractions involve such things as cursing an officer or fighting. Inmates confined in the Adjustment Unit are required to remain in their cells except during showers, visitation, consultation with attorneys, and hospital treatments. No exercise time is provided outside the cells. Like those confined to Administrative Segregation, those in the Adjustment Unit are not permitted to eat in the dining hall but are served their meals in their cells. Inmates confined to the Adjustment Unit are not permitted to wear shoes (they can wear socks) and they must share the same razors, razor blades, and soap. There are no sheets, pillows or lights inside the cells of the Adjustment Unit. No chair or table is provided in the cells either. The Unit contains 18 cells, each of which is equipped to house two men, and has one shower stall with four or five shower heads. Warden Wyrick testified that the cells in the Adjustment Unit are of two sizes. The nine cells on the north side measure 7'7" by 8'10" (66 square feet) while the nine cells on the south side measure 8' by 8'6" (69 square feet). He further testified that while there have been as many as three persons confined to cells in the Adjustment Unit, there has never been, to his knowledge, four or more inmates so confined. As is the Administrative Segregation Unit, the Adjustment Unit is located in the same structure as Housing Unit No. 3. C. Other The Food Service Building The dining facility at the Missouri State Penitentiary is located on the second floor of the Food Service Building and has a capability of seating 792 inmates at one time. The first floor of the Food Preparation Building is devoted to food storage, while the third floor serves as the kitchen and bakery. Food prepared on the third floor is transported to the second by elevator. The parties have stipulated that “[a]ll inmates at the Missouri State Penitentiary, with the exception of those confined in the Punitive Segregation and Administrative Segregation Units, are served their meals from steam lines with inserts in cafeteria fashion in the dining hall,” and that “[a]ll inmates . . . receive three meals per day.” The Penitentiary employs a civilian Food Service Supervisor, who has served in that position for the past four or five years and who has been employed by the Penitentiary for the past 16 years. In all, the Penitentiary employs 22 civilian cooks and bakers who, among other things, supervise the inmates assigned to work in the kitchen. Warden Wyrick testified that the Penitentiary kept on hand a three month supply of meat (frozen), a seven to ten day supply of produce, and a five to six month supply of dry or canned goods. These foods are stored on the first floor of the Food Service Building. The officers and all civilian employees at the Penitentiary, eat the same food as do the inmates. Warden Wyrick testified that the last food strike at the Penitentiary was in 1965. The Visiting Room Warden Wyrick testified that inmates at the Penitentiary are permitted six visits per month on weekdays or four visits per month on weekends. Visiting periods last for six hours each. While there were inmates complaints that the visiting room was too small, and that some of the visitors have been forced to sit on the floor, Warden Wyrick testified that he is in the visiting room at least five times per week and that he has never seen anyone sitting on the floor because'of the lack of chairs. Mr. William G. Nagel, one of plaintiffs’ expert witnesses, testified that the visiting room at the Missouri State Penitentiary was a fine one, ranking with the better of the visiting rooms he has seen in the more than 400 prisons he has toured. He testified that it could accommodate up to 50 to 60 visits at a time, but said that even this capacity was not enough with an institution as large as the Missouri Penitentiary. Recreational Facilities Among the recreational facilities available to the inmates at the Missouri State Penitentiary are an oversized gymnasium with six basketball goals (capable of simultaneously accommodating two full court games or six half court games), three baseball diamonds, seven handball courts, a weight lifting machine capable of being used simultaneously by sixteen men, shuffleboard decks, ping pong tables, card tables, an outdoor roller skating rink, two paddle tennis courts, two volleyball courts, and four outdoor basketball goals. A more extensive discussion of these facilities will occur later in this Opinion. II THE WITNESSES A. The Experts Dr. Ernest L. V. Shelley Dr. Shelley, called as plaintiffs’ first expert witness, presently serves as Professor of Psychology at Olivette College in Michigan and as Chief Psychologist for the County Juvenile Court in Lansing, Michigan. He has a Master’s Degree in Psychology from Columbia University (which he earned in 1938) and obtained his Ph.D. at Michigan State University in 1959. Dr. Shelley has been in close contact with the field of corrections over the years. In the 1950’s and 1960’s, he was employed by the Michigan Department of Corrections as, among other things, the Director of Treatment. In 1967, he was a member of a three-person task force employed by Governor Rockefeller to study the New York Prison System. In 1972, he participated in the Geneva, Switzerland Conference on Penal Reform. Dr. Shelley toured the Missouri State Penitentiary for the major portion of a day in January, 1975, at . which time he saw most of the institution. His purpose in touring the Penitentiary at that time was to evaluate certain volunteer programs and not for the purpose of determining if it was overcrowded. He testified that he has no personal knowledge of the present inmate population or of the conditions now existing at the Penitentiary. Mr. William G. Nagel Mr. Nagel, called as plaintiffs’ second expert witness, presently serves as the Executive Vice-President of the American Foundation, Inc. and as Director of that organization’s Institute of Corrections in Philadelphia, Pennsylvania. He has been involved in the area of corrections for 32 years and, in that time, has seen approximately 400 prisons in some 40 states. Before assuming his present position with the Foundation in 1967, Mr. Nagel served 11 years as Deputy Warden of the New Jersey Correctional Institute. He describes himself as a reformer in the field of corrections and is of the opinion that the prisons in this country are generally failures. He is further of the opinion that because of the rapid changes in penal theory, prisons become outdated within fifteen years of their construction. He testified that he would criticize a majority, though not all, of the penal facilities that are now being or have recently been constructed in this county. Mr. Nagel further testified that he does not believe that the State of Missouri needs more prisons to solve what he views as the overcrowding problem at the Missouri State Penitentiary; rather, he believes that Missouri already has enough cells to house the truly dangerous inmates. The others, in his opinion, should either be paroled, granted clemencies, placed on work release programs, or put in minimum security facilities. Mr. Nagel first toured the Missouri State Penitentiary in January, 1976, at which time he went through all the housing units, the gymnasium, visiting room, industrial buildings, segregation units, dining room, yard, and, according to his testimony, pretty much the whole institution. He again toured the Penitentiary the morning before he testified in this case in September, 1978, at which time he went through six housing units, all the industrial buildings, the visiting room, the yard, the recreational areas, and the laundry. Mr. James D. Henderson Mr. Henderson, Regional Director of the North Central Region of the United States Bureau of Prisons, was called as one of defendants’ expert witnesses. Among his many duties in his twenty-six years with the U. S. Bureau of Prisons, Mr. Henderson has served as a Correctional Officer at the United States Penitentiary at Leavenworth, Kansas, as a Correctional Supervisor at the Federal Reformatory at Petersburg, Virginia, as head of all custody and security for the Bureau of Prisons (at which time he officed in Washington, D. C.), as Associate Warden of the Federal Youth Center in Ashland, Kentucky, as Associate Warden in Charge of Custody at the United States Penitentiary at Terra Haute, Indiana, as Warden of the Federal Correctional Institute at Milan, Michigan, and as Warden of the United States Penitentiary at Atlanta, Georgia. Mr. Henderson has visited all of the thirty-nine federal correctional facilities in the United States and has toured approximately a dozen state penitentiaries. He first toured the Missouri State Penitentiary on August 11,1976, from approximately 8:30 a. m. to 5:00 or 6:00 p. m., at which time he viewed the entire institution. His next tour was Wednesday, October 4, 1978 (the day before he testified in the trial of this cause) from approximately 10:00 a. m. to 4:00 p. m. Dr. Ellis C. MacDougall Dr. MacDougall, presently Director of the Arizona Department of Corrections, was another of defendants’ experts. He holds a bachelor’s degree in psychology, a master’s degree in criminology, and an honorary doctors of law degree. From January, 1974 until he obtained his present position in June, 1978, Dr. MacDougall served as Associate Dean and Professor in the College of Criminal Justice at the University of South Carolina. From 1971 to 1974, he was Commissioner of Corrections and Offender Rehabilitation for the State of Georgia. From 1968 to 1971, he was Commissioner of Corrections for the State of Connecticut, and prior to that he served as South Carolina’s Commissioner of Corrections. He has toured the Missouri State Penitentiary three times: in December, 1973, in December, 1976, and on September 28,1978, the evening before he was called by defendants to testify at trial. B. The Administrators Mr. Donald W. Wyrick Warden Wyrick has been connected with the Missouri Division of Corrections since 1959. In April, 1959, he assumed the position of Senior Guard at the Penitentiary. He was then promoted to Guard Sergeant at the Penitentiary and, in 1964, assumed the duties of a Guard Lieutenant at the Honor Camp in Fordland, Missouri. In 1967, he returned to the Penitentiary'as the Warden’s Administrative Assistant. In 1969, he was promoted to Associate Warden of Custody, in which position he was in charge of security, maintenance, and food service. In February, 1974, he was promoted to his present position of Warden of the Missouri State Penitentiary. As Warden, Mr. Wyrick is the chief administrative officer of the Penitentiary and exercises executive control of the activities relating to the conduct of the prison. He is directly responsible to the Director of the Division of Corrections. Warden Wyrick spends seven days a week at the Penitentiary. On weekdays, he arrives at 6:30 a. m. and leaves work from between 9:00 p. m. to 1:00 a. m. Six or seven hours per day is devoted to his office work, while the remainder of the time is spent going through the various facilities at the prison. On weekends, he arrives at work at 8:00 or 9:00 a. m. and leaves at approximately 1:00 p. m. He is a member of the American Correctional Association and the Missouri Correctional Association. Mr. Bill Armontrout Mr. Armontrout has been associated with the Missouri Division of Corrections since October 1,1969, serving first as Plant Maintenance Engineer # 1, then as Plant Maintenance Engineer # 2, and then as Associate Warden of Custody. He presently serves as Associate Warden of Institutional Services, in which capacity he is the direct supervisor in charge of security, maintenance, food service, and medical services. He holds a Bachelor’s degree from Lincoln University in Law Enforcement and a Master’s degree in Criminal Justice from Central Missouri State University. He is a member of the American Correctional Association, the Missouri Correctional Association, and the Deputy Wardens Association. c. The Inmates Mr. Willie Norwood Mr. Norwood has been at the Penitentiary for approximately six and one-half years, where he is serving two life sentences for first degree murder and forcible rape. He has a prior conviction of assault with intent to kill. He lives in Housing Unit 5B and has worked as a dental assistant at the Penitentiary for the past one and one-half years. He usually rises at 7:30 a. m., works, has dinner at 3:30 p. m., and returns to his cell by 4:00 p. m. for the evening count. In the warmer months, he goes out into the yard after the count is completed and stays there from approximately 5:30 to 8:00 p. m. In the winter months, when there is no evening yard, he usually stays in his call from 4:00 p. m. until the next morning except for going to the gym once a week or to watch television. He does, however, take advantage of the winter yard activities on Saturday and Sunday. He is a member of Lifers, Inc., an inmate organization. Mr. Edward Lee Clemmons Mr. Clemmons has been an inmate at the Penitentiary since February, 1970, where he is serving a twenty year and a five year sentence for two instances of first degree robbery. He escaped from the Penitentiary on November 19, 1977, but was returned on June 9, 1978. Since his June, 1978 return, he has been housed in protective custody (the Special Treatment Unit) and has had no cellmate. Mr. Donald Helms Mr. Helms, age 27, is serving a forty year sentence for second degree murder. He lives in Housing Unit No. 4 and has had five different cellmates since his arrival at the Penitentiary. He usually rises at 6:00 a. m., attends Vocational Training School from 8:00 a. m. until 3:30 p. m., and remains in his cell until the next morning unless he attends a college class or goes to the showers. His activities include his classes at the Vocational Training School and the Academic College, the College Student Council Committee, and Lifers, Inc. Mr. William Scott Sours At the age of 25, Mr. Sours is serving his second term at the Penitentiary. In 1974 and 1975, he was serving a sentence for burglary. He returned to the Penitentiary in January, 1978 where is is presently serving a sentence for Robbery in the First Degree. He lives in Housing Unit No. 5A and works at the Bakery from 5:00 a. m. to 7:00 or 7:30 a. m., Monday through Saturday. He arrives back at his cell for the night either at 2:30 p. m. or 6:30 to 7:00 p. m., depending on whether he is involved in any evening activity. He plays handball approximately one day per week, but complains that he has to wait in line for 45 minutes to play a 10 minute game. Mr. William C. Neighbors Mr. Neighbors, age 31, arrived at the Penitentiary on July 29, 1977 and lives in Housing Unit No. 3A. For the past four or five months, he has worked as the exterminator at the Penitentiary and is paid $17.50 per month therefor. He rises at 6:00 or 6:30 a. m. and enters his cell for the evening at approximately 7:00 p. m. He has seven felony convictions. Mr. Harold Hawkins Mr. Hawkins, age 21, has been at the Penitentiary since January, 1978 and is serving a twenty-eight year sentence for robbery. He works and lives in the Penitentiary Hospital, where he is on call twenty-four hours a day. Mr. Cliff Gardner Mr. Gardner, age 31, has been at the Penitentiary since' September, 1976 on his present sentence of thirty years for selling a controlled substance. Approximately ten years ago, he was serving time at the Penitentiary on a burglary conviction. He now lives in Housing Unit No. 5A, attends college, and has been involved in the educational programs at the Penitentiary since he arrived. He is employed at the Metal Plant and works four days per week at a rate of $2.20 per day. He complains, however, that, at times, there is not enough work to keep the inmates occupied at the Metal Plant. Mr. Gardner rises at just before 6:00 a. m. and returns to his cell for count at 4:00 p. m. When count clears (usually at 5:45 p. m.), he showers and, on Thursday evenings, attends his college class. Mr. David Berry Mr. Berry is housed in Housing Unit No. 4 where he is serving a life sentence for first degree murder and second degree burglary. He usually gets up at 7:30 a. m., works at his job in the Cleaning Factory, and returns to his cell at 4:00 p. m. for count. He is active in Alcoholics Anonymous, Lifers, Inc., Great Books, and the NAACP. He spends much of his free time reading. He goes to the gymnasium just about every day at 11:20 a. m. and is on out-count three evenings per week to attend various organizational meetings. Mr. John Wayne Sandifer Mr. Sandifer presently lives in Housing Unit No. 4 and has been at the Penitentiary for the past five and one-half years. His offenses include, among other things, rape and robbery. He usually gets up at 6:30 a. m. and is not back in his cell until 3:45 or 4:00 p. m. In the evenings he is on out-counts “all the time” and usually arrives back at his cell for the night at 8:00 or 9:00 p. m. He testified that he is in his cell from 4:00 p. m. to 7:00 a. m. “very few times.” He participates in the Transactional Analysis group at the Penitentiary, brailles, and lifts weights in the basement of the housing unit in his spare time. Mr. Louis Mack Mr. Mack, age 31, lives in Housing Unit No. 4 and is serving sentences for robbery and first degree murder. He has been at the Penitentiary for seven years and is engaged in a great many activities. He is President of Lifers, Inc. (and has been for the past three years), President of the NAACP at the Penitentiary (and has been for the past ten months), and is the Clerk of Alcoholics Anonymous (and has been for the past two and one-half years). He also holds the position of Secretary of the President’s Council, an organization which has as its members the Presidents of all organizations at the Penitentiary. Mr. Mack usually gets up at 9:00 a. m. and does not return to his cell for the night until approximately 9:30 p. m. He testified that he usually skips breakfast because all that is served is oatmeal and cream of wheat (except on Sundays, when bacon and eggs are served). Mr. Arthelle McClain Mr. McClain lives in Housing Unit No. 2B and has been at the Penitentiary for the last five years serving a life sentence for first degree murder. He is employed as an audio-visual clerk at the Penitentiary’s library, where he is in charge of all the films, records, and tapes. His recreational activities include boxing and jogging. He complains that an inmate could spend his entire day in the boxing room several years ago, but that now the room is simply too crowded. He also testified that the Library at the Penitentiary was not sufficient to permit inmates to do an adequate job on term papers assigned in their college classes. Mr. Rex Peck Mr. Peck, age 44, has lived in Housing Unit No. 3B for the past twenty months. He has spent sixteen of the past twenty-six years in prison. He is employed as an oven cleaner in the main kitchen, where he works, with an assistant, from 10:30 to 12:30 every day. He testified that he gets up between 9:00 and 9:30 a. m., never eats breakfast, eats lunch in the kitchen, and eats dinner only once or twice per week in the kitchen. He never eats his meals in the dining hall. Mr. Ervin F. Owens Mr. Owens, age 31, has been at the Penitentiary since July, 1972 and is serving a sentence for first degree murder, robbery, and kidnapping. He lives in Housing Unit No. 4. For the past two years, he has been employed in the tailor shop, where inmate shirts, pajamas, and other items of wearing apparel are made. He usually rises at 7:00 a. m., gets to work by 7:30 a. m., and enters his cell for count at 4:00 p. m. He remains in his cell on Monday and Tuesday evenings rather than going to the yard, and is on out-counts for various activities on all other evenings of the week. He showers every evening. Ill THE CONDITIONS OF CONFINEMENT AT THE MISSOURI STATE PENITENTIARY A. Conditions Within the Cells Aside from the complaints registered by the inmates as to the actual physical dimensions of the cells, there was a great deal of testimony pertaining to other aspects of the conditions within each cell. These complaints centered on the toilets within each cell, the odors emanating therefrom, the temperature inside the Housing Units in the winter, and the availability of hot water and cleaning materials. Inmate Norwood (HU 5B) and inmate Gardner (HU 5A) pointed out in their testimony that there were no covers or seats on the toilets, that these uncovered toilets were located at the back of each cell, two feet from the bottom bunk, with no partition between the toilet and the bunks. Both observed that because of the danger of sleeping with your head at the bars, they had no choice but to sleep with their heads close to the uncovered toilet. While Mr. Norwood’s present toilet functions well, he testified that the toilet he had in a prior cell flooded the cell frequently and that if one toilet floods, all other toilets on the walk also flood. Inmate Peck (HU 3B) testified that when one toilet was flushed, the toilets four or five cells down on either side would back up and would have to be flushed too. Inmate Owens (HU 4) testified that when someone above him flushes the toilet, his (Owens’) toilet backs up, but does not overflow. This back-up, however, causes Mr. Owens to have to flush his toilet frequently to rid his cell of odors. Inmate Helms (HU 2A) stated that while he has had no problem with his toilet, he has had sewage on the floor of his cell because the toilets of others had backed up. Inmate Gardner (HU 5A) testified that the toilet in his cell has overflown on several occasions during his confinement at the Penitentiary. Inmate Norwood (HU 5B) testified that his cell usually “smells pretty bad,” and that the only way to combat the odor is to clean it himself. He complains, however, that the mop on his walk is usually in use. He further stated that he has asked the appropriate officer for disinfectant to clean his cell, but his requests were met with refusals “many times.” On cross-examination, however, he testified that he could not recall the last time when he asked an officer for disinfectant and was refused. Inmate Gardner (HU 5A), when asked to describe his cell’s odor, replied that there was “no way to describe it.” He did state, however, that he swept his cell every day and that he would occasionally clean it with soap and water. Dr. Shelley, plaintiffs’ expert, testified however that when he toured the Penitentiary in January, 1975, he was very impressed with its cleanliness. Mr. Nagel, plaintiffs’ other expert witness, testified that he had just returned from a tour of the Penitentiary prior to testifying and that the Penitentiary appeared to be reasonably clean. In fact, on cross-examination, Mr. Nagel stated that the Missouri State Penitentiary was one of the cleanest correctional facilities he had ever seen (and he has been in approximately 400 correctional institutions). On his tour of the Penitentiary the day he testified, Mr. Nagel observed no roaches, mice, or other vermin, either in the cells or the industries. He further testified that the Administrative Segregation Unit and the Special Treatment Unit were clean. Dr. MacDougall, one of defendants’ expert witnesses, toured the Penitentiary the evening before he testified, and said that he was “tremendously impressed” with the cleanliness of the entire institution. Mr. Henderson, defendants’ other expert witness, testified that “the sanitation and housekeeping in the general institution was good to outstanding.” He rated the common areas at the Penitentiary as “very good” with regard to cleanliness and noted that many cells were clean, although some were not. He testified that he did not notice any unusual odors on his day-long tour of the prison. The availability of hot water to clean the cells seems to vary from Housing Unit to Housing Unit. While the cells themselves have no hot water, the utility sinks at the end of each walk and the showers are supplied with hot water. Inmate Neighbors (HU 3A) testified that he gets hot water from the utility sink on his walk and inmate McClain (HU 2B) testified that a walk man (an inmate whose job it is to wet mop the walks) will get you hot water when you ask for it. While inmate Sours (HU 3A) testified that the utility sink on his walk was out in the open, inmate Norwood (HU 5B) testified that the utility sink on his walk is contained in a closet which is kept locked by a combination lock. Inmate Gardner (HU 5Á) stated that it was his understanding that the utility room sink is to be used only by the walk man and that other inmates are not permitted to use it. According to the inmate testimony, the poor living conditions within the cells are aggravated by the many broken windows in the Housing Units. Inmate Norwood testified that there were twenty-two windows broken in Housing Unit No. 5 in August of 1978. Inmate Neighbors (HU 3A) testified that while there were no broken windows immediately outside his cell area, there were some broken windows in the Housing Unit. Inmate Owens (HU 4) testified that a small window pane in his cell had been missing since February, 1975, and is covered with plywood. He states that he has requested that it be repaired, but that nothing has happened thus far. Inmate Gardner (HU 5A) testified that there were, at the time of trial, broken windows directly across from his cell. According to the inmate testimony, not only do the broken windows and the absence of screens allow insects to come into the housing units during the Summer, it makes for uncomfortably cool temperatures in the Winter. Inmate Norwood (HU 5B) testified that during the winter months, the temperature in the lower tier cells is “very cold” while the temperature in the upper-tier cells is hot. In January, Mr. Norwood goes to bed with thermals on and, at ¡times, also wears a sweatsuit to bed. Inmate Berry (HU 4) also testified that the temperature in the lower tiers is very cold in the winter, while it is comfortable towards the top, and that he has to wear thermal underwear in the winter. Inmate Mack (HU 4) described his cell as “rather cold” in the winter while inmate Owens (HU 4) describes his cell as “considerably cold” in the winter. Mr. Owens testified that he found it necessary to sleep in thermal underwear, pajamas, and two blankets in the winter. Inmate Gardner (HU 5A) testified that his cell got so cold last winter that ice formed in the toilet bowl. He further stated that it got so cold in his cell one night last winter that he slept in his coat. Warden Wyrick testified that all broken windows at the Penitentiary are replaced on an annual basis, in either the late Summer or early Fall. He further testified that he was in the various housing units in each month of last winter, often without a coat, and described the temperature within the units as “comfortable.” B. The Showers The showers at the Penitentiary were the subject of much inmate criticism at trial. Inmate Norwood (HU 5B) described the shower floors as gooey and slippery; Helms (HU 2A) said they were slippery; Sours (HU 3A) said that the floor gets slimy and that moss grows around the water drains; Neighbors (HU 3A) observed that many shower areas are dirty while Gardner (HU 5A) testified that they are “usually nasty.” Berry (HU 4) said that the floors of the shower area are slick, moldy, and grimy, Sandifer (HU 4) said the floors were slippery when soapy, and McClain (HU 2) testified that the shower areas are dirty and that the paint jobs in the shower areas are bad. Neighbors, on the other hand, did point out that one shower area on his walk had recently been painted. Inmate McClain stated that he wore shower shoes when he showered to keep his feet off the floor. Gardner stated that the shower drains on his walk are frequently clogged, causing the water in the shower area to stand three to four inches deep. The walls of the shower area, according to inmate Norwood, are moldy; Mr. Gardner states that fungus grows on the walls of his shower area. The testimony of all the inmates indicates that no mats or planking are in the shower areas and that the inmates must stand on slippery, wet concrete while showering. While inmate Norwood did indicate some dissatisfaction with the fact that he has had to miss showers because there were too many other inmates waiting ahead of him, he later conceded that this has only occurred four or five times in the past six and one-half years. Inmate Gardner stated, however, that if an inmate goes to yard in the summer, he may not be able to shower. Other complaints pertaining to the showers include Norwood’s comment that the shower curtain was dirty and torn in several places, Helms’ statement that his shower area had a foul odor, and Neighbors’ observation that it was often difficult to regulate the water temperature. Mr. Nagel, one of the expert witnesses called by plaintiffs, testified that on his September, 1978 visit to the Missouri State Penitentiary, he noticed that the shower areas were not always clean, some having rust and mold in them. In his opinion, two or three shower areas in the Penitentiary were less than adequate, but he did point out that this was not unusual. He said that he saw no showers which he would describe as filthy. Mr. MacDougall, one of defendants’ experts, testified that showers are a problem in every prison in the country, but added that he wished that showers in other correctional institutes were as clean as those at the Missouri State Penitentiary. Mr. Henderson, defendants’ other expert, described the shower areas at the Penitentiary as clean and sanitary. c. Noise Level Another of the inmates’ grievances is the noise level in the housing units. The noise is particularly high between 8:00 p. m., when inmates are returning from the yard, and 10:00 p. m. when all televisions, stereos, and tape players have to be turned off, turned down, or used with an earplug. Inmate Norwood (HU 5) described the noise level between 8:00 p. m. and 10:00 p. m. as very noisy — like a factory. He testified that he combats this noise by turning up his radio. Inmate Helms (HU 2A) described the noise during this time period as similar to that at a football game. Inmate Gardner (HU 5A) states that the noise level is so high that it is impossible to concentrate, and says that the sounds all begin to blur, like five or six records playing at once. Inmate Sandifer (HU 4) testified that it was fairly noisy during this time period in his housing unit, but that because prisoners housed in Housing Unit No. 4 are allowed to hang curtains in the front of their cells, the noise is somewhat muffled. Inmate Mack (HU 4) testified that there is a “droning sound” like a car that needs a muffler in his housing unit between 8:00 p. m. and 10:00 p. m. Inmate McClain described the noise level in Housing Unit No. 2 as nerve-wracking and beyond one’s capacity to endure. Inmate Peck testified that the televisions and radios going full blast, the vibration, and the screaming gets so bad in Housing Unit 3B between 8:00 p. m. and 10:00 p. m. that he simply goes to bed and puts his head under a pillow. Both inmates Gardner and McClain testified that the noise level between 8:00 p. m. and 10:00 p. m. interfered with their academic studies: Gardner has to wear his headphones — unplugged — to reduce the noise when studying, while McClain simply waits until after the noise dies down at 10:00 p. m. to do his studying. Inmate Norwood testified that there was nothing in the Housing Units which operate to lessen the noise level. Dr. Shelley, one of plaintiffs’ experts, testified that noise and violence in a prison are related, observing that the clanging of metal on metal and metal on concrete can cause exasperating tension. This tension, in turn, causes the inmate’s nervous system to become overcharged which, in turn, causes more noise to be generated, causing even more tension, and on and on, in what Dr. Shelley describes as a vicious circle. The ultimate result of this vicious circle is, according to Dr. Shelley, an urge on the part of the inmate to do something. Dr. Shelley thus sees a direct relationship between noise and violence in a prison. Mr. Nagel, plaintiffs other expert witness, pointed out that because prisons are “architecturally hard,” they are, to a certain degree, inherently noisy. He described the noise in the Administrative Segregation Unit at meal time, however, as unbelievable. The combined noise of serving trays clanging, the opening and closing of doors, and of human voices created such a din that he claimed “an hour of that would drive me crazy,” emphasizing that he was not particularly sensitive to sound. Dr. MacDougall, one of defendants’ experts, testified that the cell blocks were not, in his opinion, too noisy. In fact, they were quiet enough that, between 8:30 p. m. and 9:30 p. m., he could hear the showers running even from outside the cell block. Mr. Henderson, defendants’ other expert witness, described the cell blocks as very quiet, but it should be pointed out that he toured the housing units at a time when most inmates were away from their cells because of jobs, vocational training school, or other activities. D. The Kitchen and Dining Hall The cleanliness of the kitchen and dining hall, or the lack thereof, was the subject of much testimony. Inmate Sours, who works at the bakery, testified that there are mice, flies, cockroaches, and mice droppings in the food preparation area. He further testified that there is a greasy slime on the utensils, and that he has seen moldy cornbread and liver with mold on it in the kitchen. Sours also related an incident in September, 1978, where bread dough was dropped on the floor and the civilian in charge of the kitchen ordered that the dough be used nevertheless. Inmate Peck, who works as an oven cleaner, testified that the kitchen, the kitchen floor, the kitchen utensils, and the people who work in the kitchen, are filthy. He also pointed out that it was commonplace to see roaches in the kitchen. Inmate Neighbors, the Penitentiary’s exterminator, testified that he sprayed the kitchen three times per week and the dining hall six times per week, and that the pots and pans are sitting out in the open when he sprays. Warden Wyrick, on the other hand, testified that all pots and pans in the kitchen are to be covered with plastic before the room is fogged and that he personally saw inmate Neighbors doing so just a couple of weeks before trial. Other inmates were not- so critical of these areas. Inmate Berry testified that the tables in the dining hall are clean and that the trays are usually clean. He did relate an incident which occurred two weeks prior to trial where he found some leftover food on a tray, but he stated that he merely put the tray back and chose another. He further testified that he has seen only fifty to sixty dirty trays since he arrived at the Penitentiary in 1973. Inmate Sandifer stated that he has seen cockroaches in the dining hall, but that he has not seen them often. Inmate Gardner testified that he was not sure when he last saw bugs in the dining hall. Warden Wyriek did point out in his testimony that the prison administration and all civilian employees at the Penitentiary (including those civilian employees who work in the food preparation areas) eat the same food as do the inmates. • While there was some testimony to the effect that the dining hall was ill-equipped to seat the number of inmates required, the bulk of the evidence indicated that the inmates had adapted themselves well to the situation. While there are only four seats per table, and while as many as six to ten inmates, out of custom and habit, sit at one table, they stagger their meal times so that as some arrive at the table, others are finishing their meals. Inmate Berry testified that he has seen other inmates arguing over seating, but he has never seen any actual fighting break out over seating.in the dining hall. Inmate Peek, however, testified that while he has never seen a fight in the dining hall itself over seating, he has seen fights break out elsewhere in the Penitentiary which result from what he views to be an overcrowded dining hall. Inmate Mack stated that he believed the dining hall to be too congested and, on at least one occasion, has seen a person standing up to eat in the dining hall. Mr. Nagel, one of plaintiffs’ experts, testified that he visited the food preparation area on his 1976 tour of the Missouri State Penitentiary and observed no mice, mice droppings, roaches, or other vermin. Mr. Henderson, one of defendants’ experts, visited the dining area at the Penitentiary during both his 1976 and 1978 tours. He testified that the cleanliness and sanitation was “very good” on both occasions, noting that tables and floors were being cleaned continuously during the meal. He further observed that the dining room operation was “very relaxed,” with inmates moving in and out in a relaxed, non-regimented fashion. He described both the atmosphere and noise level as “healthy,” and commented that the inmates seemed to be enjoying their meals. He further testified that there were no long serving lines, that inmates could sit wherever they desired, and that no one had to wait for a seat. Additionally, Mr. Henderson ate the meal that was being served at the time of one of his tours and commented that it was very good. Mr. Henderson described the cleanliness and sanitation of the food preparation area as “excellent.” He concluded that the food service operation at the Missouri State Penitentiary compared favorably to that of other correctional institutions he has seen. E. The Canteen Area The parties have stipulated that “[p]risoners do not have access to the canteen every day, but are permitted to visit the canteen once a week with a list of requested items. Once at the spending window, the inmate is not allowed to add, delete, or otherwise deviate from his itemized list.” Inmate ■ Gardner explained that each inmate is required to make a list of items he wants to purchase before going to the canteen, that inmates are not allowed to change their lists upon arrival, but that they can stay at the canteen as long as necessary in order to make their purchases. Inmate Sandifer further explained that the inmates go to the canteen in groups determined by their initials. For instance, his group, which goes to the canteen Friday evenings between 7:30 and 9:00, consists of those inmates who work in prison industries and who have last names beginning with the letters M through Z. He testified that his group, at times, has grown as large as 150 and that the biggest problem with regard to the canteen area is overcrowding. He stated that the canteen area is particularly overcrowded during the week immediately following the time when inmates employed in the prison industries get paid. He described the canteen as a tense area, where inmates get tired of standing in line and where arguments develop. He has not, however, witnessed any actual fighting in the canteen area. Inmate Owens, on the other hand, does not view the canteen area as a problem. His group, which goes to the canteen on Fridays from 5:30 to 7:30 p. m., consists of approximately one hundred inmates. He states that it takes him between forty-five minutes and two hours to make his purchases and that he has never had any problems in doing so within the time allotted. F. Inmate Employment Inmates are allowed to earn money by engaging in various jobs which are made available to them at the Penitentiary. Inmate Norwood has worked as a dental assistant for the last one and one-half years, Sours works at the bakery between 5:00 a. m. and 7:00 to 7:30 a. m., six days a week, Neighbors serves as the Penitentiary’s exterminator, Hawkins is on call twenty-four hours a day as a hospital worker, Gardner works at the metal plant four days a week, Berry is employed at the cleaning factory, McClain is the audio-visual clerk at the Penitentiary’s library and works seven days a week from 5:00 to 9:30, Peck, along with an assistant, works as an oven cleaner at the main kitchen, and Owens works at the tailor shop making, among other things, inmate shirts and pajamas. Several of the inmates who testified complained that there was not enough work to do and that often two or more inmates were assigned to do a job that one could do. Expert witness Nagel, on his tour of the industrial area just before he testified, said he was upset by what he saw. He observed that many inmates employed in prison industries were idle, drinking coffee, chatting among themselves, reading magazines, or playing dominoes. In the Metal Plant, for instance, he estimated that two-thirds of the 182 inmate-employees were idle; in the Industrial Machine Shop, only one of the eighteen inmate-employees was working; in Furniture Factory No. 1, approximately fifty to sixty inmates were working, while approximately ten were idle; in Furniture Factory No. 2, all thirty-six inmate-employees were working; in the Clothing Factory, 30% were idle; in the Shoe Factory, only eight of thirty-one employees were working; in the Glove Factory, about one-third were idle; in the Soap and Laundry Factories, there was a great deal of idleness. In Mr. N