The home journal. (Winchester, Tenn.) 1858-188?, 1866-07-28
THE RADICALS.

No End to their Rascality-A Plan to
Chisel the State out Of Thousands of DOL
lars, and the Refusal of one of Brown
lows Officials to lnterfere-A Case for
the Courts.
From the Nashville Banner, 2lst inst.l
One of the most glaring pieces OF
roguery of which we have had any re-
cent knowledge, has just transpired IN
Nashville. The details are too graphic
to require elaboration. We give them
in full.
On Yesterday, Rees W. Porter, a res.
pectable citizen of this county. applied
to Judge M. NJ. Brien for a writ OF
mandamus on Messrs. Hare, Mills and
Shankland, Directors of the Penitentia-
ry, setting forth the following points
and facts:
The petition begins by stating that
under the act of the Assembly, passed
on the 10Th day Of May, 1896, by the
Legislature Of the State Of Tennessee,
entitled can act to lease out the peni-
tentiary and for other purposes" Sam
uc Il. Hare, A. B. Shankland, and
VIM. Mills we're nominated by the Gov
ernor and confirmed by the Senate as
Directors for the State prison, under
the second section of the act; that un-
der the third section of the act the Di-
rectors took entire control of the pris
on, with its property and effects, and
proceeded, according to the provisions
of the law, to make publication in the
newspapers for sealed proposals to en-
j. ploy, by hire, the labor Of all the CON
victs in the prison, the terms of which
were fully set forth, and which it is not
necessary here to repeat. Mr.. Porter
became bidder for the hire of the
convict labor, under the law, putting in
Il sealed proposal, and offering, upon
the terms and considerations imposed
by the Directors in their publication, to
pay to the State, for the labor OF each
convict, sixty-fv cents per day.
When the biddings were opened, Mr..
Porter was notified that his bid was the
highest, and that he was, or would be,
, the lessee upon his giving the bond re-
ouired. The Directors gave him
reasonable time to get his securities,
which he did, and went forward to exc.
, cute the bond. He was told by one OF
the Directors to come back in two
! hours. This was twenty minutes
Z, after twelve o clock, on the 10th day OF
july, 1866. Mr.. Porter was particular
E about the time, and went back ten min
q utes before the time was out-he was
\ particular about it because he was sure
9 there was triggeriny going on. He Of
fered to give the bond, but was inform
+ cd that he was too late By one minute,
and the contract would have to be let
n to another. No question was made
about Mr.. Porter's securities, and in
6 fact none could be, because they were
!. worth in real estate uncncumhered,
T. largely more than the amount OF the
q bond, besides being of high character
=. and entirely trustworthy. MIR. Porter
i had learned that some five or ten thons
;s and dollars would be demanded il
, cash; he believed that this was being
!. done in the hope that he could no
IS raise the money. as times were very
h. hard and money scarce, but to NEE
any such requirement he had arranged
o. to be able to have check given on tht
i bank for that amount. The Directors
:. persisted in saying that Mr. Porter was
If too late, and now say they have award
q ed the contract to one Biggs or Brfgg
% % and Hyatt, but who have not takel
# possession or given any bond.
There can be but one explanation t.
this whole matter, and that will be full.
appreciated by the statement of SOM
j. further facts, to-wit: When MIR. Porte
was awarded the contract he was in
q formed by one of the Commissioner
h. that he just did get the contract--tha
III his bid of sixty five cents barely tool
r.. the contract. Now it is claimed tina
f. the contract has been awarded to Bigg
he or Briggs II Hyatt at forty-three cents
ke The difference is twenty-five cent
,f- against the State on every days labo
IS, for four years, and if the number G
III, conyicts should not be increased, tn
nut TWENTY-FIVE cents on every days labo
zen which the State would make by carry
.he ing out the contract made with NJ
". Porter instead ofmaking the new col
,rk tract which the Commissioners clail
IN. to have made with Biggs or Briggs
pn, Hyatt, would give to the State a Gle:
for advantage of S52, ,236 80! and if IL
ty, number should be increased, as
ain doubtless will be in very short tim
the to double the present number, the dl
tee ference against the State would be ov
hat 100000. This is clear loss to tt
at State upon the decision Of the Dire
nit tors that Mr.. Porter was too late by O.
ap- minute. Mr.. Porter prays that W
ess of mandamus issue to Samuel A. Hal
r it A. B. Shankland and William Mil
the who are now citizens Of Davidson cou
ow ty, on the facts stated above. The
,ers tition was made before the Hon. NJ.
as Brien yesterday morning, and he {
esi. clined to grant it on the ground that I
of facts as stated justify no interventi
hen on his part Admitting that this m
ter be his opinion, what shall be said OF
Judge who upon the presentation
such testimony, involving 80 much
the State, declines even to have an
,ew gument and to have the matter fully
at vestigated in open Court? We subr
,ur- the case to an impartial public.
ram we said in the beginning, it needs