The Placer herald., 1859-04-30

the provisions of the act 1t cannot be contended
that because his title was changed from Estate
Prison Director" to "Chief Warden" he therefore
is not entitled to this compensation. As | re-
! marked before no one will assert that if he had
not been appointed Warden-if as Director he
had spent all his time at the Prison, he would not
have been entitled to it. 1t would be a just claim
But forsooth. because he Uas appointed Warden,
because he assumed extra and onerous duties
these gentlemen contended he should receive no
pay at all. Why. this idea-this logic is prepos-
terous. The Act of 1858, speaks for itself and
behind or beyond it we cannot go. 1t is true the
Directors of the Prison say doubt exists as to
the legality ofths claim For that reason this bill
has been presented hereto the Legislature. that
that doubt may be removed. The doubt was, |
believe. first raised by the Attorney General
This officer however, did not and will not con
tend that Gov. Walkup was not entitled to this
money He simply thought there was possibili-
ty Of his (Walkup's) not being able to draw it
under the act. That is the reason Governor
Wakup has not attempted to draw this amount.
| have now shown what the intent of the law
and the understanding Of the Board is. am well
aware that other influences have been brought
to bear on this question. 1t is not contendcd
that Governor Walkup did not occupy his time
at the State Prison; that he did not render these
services: that he did not receive his pay No
thing of the kind. Something else than this has,
to my knowledge, influenced several members Of
this House. know some members who will ac-
knowledge the justice Of this claim. but add 'ac
cording to the report of the special committee,
appointed to investigate into the affairs of the
State Prison. Gov. Walkup has not attended pro
perly to his duties as Director and Warden" 1t
is not for me to cast any censurc upon TINS COM
mittee for various reasons. In the first place
(mcssage from the Senate was here announccd)
! appointed the committee myself. ! appointed
the gentlemen comprising IT, Messrs. Hines, Tul-
" nd I,ocp Ipc | ho 81 confidence
their intelligence and integrity; and was very
careful in selecting the committee. | desired to
have upon it such men as were not prcjudlced;
men whose minds could not be biased by any re-
ports or rumors they might hear outside; men
who would take the evidence submitted to them
and make report upon it. 1t is we'll known to
every member on this floor, and may say it has
gone through the length and breadth of this State.
that certain charges were made against the d.
rectors of the Prison and were particularly
against the Lieutenant Governor as Chief Warden.
These charges were made upon the public streets
of this city and San Francisco: in almost every
barroOm and place of resort: and were spread
all over the State by the press OF the two cities.
No definite charges were made, but it was simply
affirmed that SOnething was wrong. II the ques-
tion was asked What is there wrong?' the ans
wer would be 'Something is. Some men at the
State Prison have been doing something they
ought not to have done Gov. Walkup or some
Vi
money belonging to the State Prison" etc.
am free to confess that after hearing these char
ges from day to day, hearing them repeated as
often as | did | was led to believe there was
something in them. As state, the special com
mttce was appointed by myself, to go to The
State Prison and investigate. | was not aware
at that tim that it belonged to the duties of that
committee to Investigate into this claim. | find
however, that one of the very first charges made
by the parties charging Governor Waikup with
committing certain ndscretions, is that this bill
is before the Legislature. The committee report
on this charge; and report that such bill is
here proposing to pay Governor Walkup for ser
vices as Chief Warden. The report amounts sim
ply TO this: That it is beneath the dignity of the
President of the Senate to allow such a bill to be
presented to the Legislature The charge does
not allcge that the Lieutenant Governor him
self introduced this bill, that he procured its pre-
scntation by any Of his friends. or that the mo-
ney was not due him. 1t simply asserts that the
bill was introduced and that he as President OF
the Senate should have objected to it. That is
the argument That he should have objected to
the State paying him what is actually due him.
That is the first charge. | contend then that this
portion of the report of the committee, although
| do not intend or desire to impcach their motives,
was extra otfici,l | do not understand they were
appointed for this purpose, nor do believe the
resolution contemplated anything Of this kind
that they should investigate matters connected
with this claim. This bill was before the House.
and the House was to act upon ii i'll accordance
with the facts presented. | can see no reason
why it should have been dragged into the subject.
The second charge is, that while acting as
Warden he violated the rules of the Board; that
he removed the commissary-
Mr.. Hines (interruptngD The gcntlcmon's
time is up. | have no objection to his proceeding
only | hope the same courtesy will be extended
to the gentlemen who may wish to reply.
Mr.. Stratton 1t is well known by every mem
ber that | do not wish to unnecessarily occupy
the time of the House.
. Cries of leavel leave. Proceed!
Mr.. Stratton The sccopd charge is. "That he
violated the rules of the Board" 1t simply
amounts to this: The Board of Directors APP
pointed a Commissary to purchase supplies Tor
the prison, and Gov. Walkup. Notwithstanding,
took it upon himself to make tie purchase The
r. port of the committee does not show that he
squandered the money of the people On the
the charge and the committee report
u, on it show that Gov. Wakup attended to his
duty of purchasing supplies in order to save mo-
ney to the State He (Wakup) thought he could
make these purchases to better advantage than
the man appointed Commlssary-and II he vlolat-
ed the rules of the Board Of Directors that is not
a subject for this House to act upon. What do
the Board themselves say in regard to this? Ihey
do not charge upon him any violation OF the
rules by them laid down. On the contrary, they
say great credit is due him for his action at the
State Prison. l contend then that this charge
and the report in relation to it falls to the ground
1t amounts to nothing at all-only that it was the
duty of Gov. Walkup to attend to and take charge
of the matter which he di do.
What is the tn rd charge? 1t is that Governor
Walkup received $1,000. from c. l.. Weller.
Mr.. Young [interrupting.] | object to extend
ing so much courtesy to the gentleman as to al
low of his taking up the report OF the special
and discussing it, when the question
before the House is on Senate Bill.
Mr.. Stratton. Allow me to say to the gentle
man that this report has Influenced to conside-
rable extent the view taken of this claim
The Speaker ITO Mr.. Young.] To what does
The gentleman object?
Mr.. Young. My objection is that the gentle