Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1869-09-25
THE PENIrENTIARY CASE.
The Comptroller VS.. the LeSSees
To the Editors of the Union and American:

, in accordance viii good taste
proprietE. This is esp ecially the case in regar
to litigation, where only private interests al
, involved; but though the principle IS correc
the rule may be relaxed when public interest
form q part of the question. II is upo
this ground that hearing is asked thrOug
| Your paper on some of the merits Of a ca.
which is 10 be presented in the Circuit Court o.
Saturday, viz: The application tor Tsdndanaa
on the part of Messrs. Ward Il Briggs to eOmpe
Comptroller Blackburn to obey a law of tn
State of Tennessee.
A reference to the que ton in the Banner o
to-day, though Doubtless not so intended Qo
no motive is known for such a cOurse) is beinl
used to the prejudice of the Les sees. The com
mendation of the course of the Comptr Oller
| and the recomme en- datiOn of further litigation
in the alleged interests of taxpayers, upon the
| impair and damage the Lessees in public opin-
ioni and make necessary a brief .lucldation OF
the quet ton. The public should know
that there are two sides to the matter.
| 1t is not necessary to 90 further back in this
chronic Disagreement between the State and
the Lessees than February of the present year.
by Gov; Brownlow. together with disputes be-
tween the arden of the prison, and facts alleged
IN regard to certain lobby combinations and
| rings" for getting possession of the institution
Ward & Briggs. have all eonspired
to complicate the business, and have
excited =, antagonisms and enlisted par
| tlsans. This is the key to the present
| obstruction in the adjustment ordered by the
| Legislature. Reference is particularly made to
the last feature. The Comptroller has assumed
one side Of the quarrel, and without arralgning
| his motives, it does seem, that, at the present
Junet1re Of the matter, he is acting an unwar-
ranted part, and one wholly indefensible.
How does the question stand2 Under a GER
| tain state of facts offered to the Legislature.
| the Attorney General of the State was ordered
70 commence suit against the Lessees for the
payment of certain sums claimed to be
due by them to the State treasury. This was
tna1 20 hAaH aWNer al
Joint committee was ordered to investigate the
subjects in dispute. and if possible effect COM
promise. The result of the work of this CONS
mttee is best set forth in the act chapter so of
sees of the penitentiary from their contract Of
lease" 1t is in the following words:
An act to relieve the Lessees of the Penitentia-
~ from their contract Of lease.
Whereas, the following proposition has been
made to the joint select committee of the Legis-
islatIre, to surrender and give up the lease Of
the PenitentIary, 20 wit:
Messrs. W aters, Wisener and Hacker. Com
ee.-Geutlemen:-We propose to cancel the
present existing lease Of your property upon
pass bill to take effect on the first day Of July
1869. and the Legislature, or Governor. or your
Directors, to appoint an appraiser and we TO
appoint one and the two so selected to appoint a
third, all to be practical and competent men,
The three so selected to make full and com.
pete inventory Of all the machinery. tools. fix
lures, materials, unlQlSQeu WORK OF all and
every kind. all the furniture of the Offices wa
CONS and stock used in I he management of said
prison, and fix the value OF the same, and re-
turn the same to the Comptroller, who shall
upon the payment tOf the same, Ward &
Agent of the State everything so sp.
ana S the give gR aSd sb and
everything so appraised and sold; TO make |
such a law binding. Ward & Briggs agree to file |
with the Secretary of State their written consent
70 a Law passed in accordance with the forego- |
ing, withi inf FIVE days after its passage.
Therefore, Section l. Be it enacte By the |
General Assembly of the State of Tennessee,
That said proposition De. and the same is here
BY, accepted, and that the Governor and Secre' |
tary of State and Comptroller be, and they are /
hereby, authorized to appoint the appraiser
e. 2. Be it further enacted. That
the Comptroller issue warrant for i
the amount of invs tory when made /
osition and the first section Of this act, upon the
Treasury of the State. who will pay the same /
out of any money in the Treasury not otherwise
appropriated.
Sec. 8. Be it further enacted, That upon the
conditions aforesaid being performed and COM
piled with. the lease of tas penitentiary to Hy- |
att Il Briggs or Ward & Briggs be and the same
is hereby declared to be cancelled and both par |
ties released from the same.
Sec. 4. Be it further enacted, That this act |
shall not be so construed as to release the said
Ward & Briggs eff any Indebtedness to the |
State contracted previous to the passage Of this
aet.
sec. 5. Be it further enacted, That should the
arbitrators appointed under House joint resolu-
ton of the Legislature, to settle all matters Of
litigation between THE State of Tennessee and |
The LeSsees OF the labor convicts Of the peni-
tertiary. aW ard damages in favor of the State
The amount thus awarded shall be deducted |
rom the appraisment of the property of the |
Lessees herein ordered; and should they award |
damages in favor Of the Lessees, that it be add
ID to the appraisementis to be paid. |
Sec. s. Be il further enacted, That this act l
axe effect from and after its passage. and the
inventory herein before provided for. to be
AIKEN of the stock, machinery, fixtures, mate 1
ials, unfinished work. tools Oa hand. on the |
irst day of July next.
Almost simultaneously with the passage of |
his act to appraise. buy out and settle with the |
4essees, the following joint resolution was
.dOpted
louise joint resolution instructing the Attornsy |
General in respect to the penitentiary.
Resolved by the General Assembly of the |
tate of Tennessee, That the Attorney General |
f the State be instructed to postpone further |
elton in the suit brought against Ward & |
Briggs, Lessees of the PenitentiaTy. aid that an
be proposed to be established by the
PPointment OF an arblter by the Governor one
ThOm shall be learned in the law, and i
he two so appointed shall select an
umpire to settle any question of disagree
4
xamine and determine all que tions between |
be parties, and their decision shall be accepted
final settlement of the matters in dispute | !
etween the State and the lessees of the peni. /
entiary, and to make their proposition binding |
n the parties said Ward aud Briggs shall file |
nth the Secretary of State, and with the clerk
f the court in which said action is pending, a
Trl.ten acceptance OF the terms proposed, with
n FIVE days from the passage of this resolution;
therwise, the Attorney General shall prosecute
aid suit.
This action of the Legislature was taken at the
Instance of the Attorney General advising the |
7ithdrawaI of the suit he had been instTncteS
o commence, and of the committee, MessTs |
v aters. Misencr and Hacker, especially dele | ,
ated to investigate, on behalf Of the state. its
ase with the Lessees. The Lessees were ready |
nd willing then to submit their rights to Judi |
ial decision, but in Difference to the desire of :
he committee submitted the proposition for
ased, and bound themselves to abide BY the O.,
ppraisement provided in the law, and the ar
ltratlon directed In the resolution of Feb. Is,
bOve quoted. They filed their consent" in | Z
he first case, and their acceptance in the ot6er
On the lst of July the appraisers were desig- |
ated and went to wOrk--one selected by each | \
arty and the two selecting the other. The re-
ult OF the apPraisement. though falling below
he value Of the property as estimated by the | {
rOprletors, was filed with the Comptroller, |
Their poinLs in dispute were referred TO the
These were the Hon, David Camp |
ell. ex-Chancellor. and Hon. L. Ii. East. Chan I
ellor>-the former chosen by the Governor, |
be latter by Messrs: Ward x Briggs. These
eminent for their learning in law |
nd equity and irreprOachable in character | :
ave ample time and patient attention to all the
stails of the claims. Witnesses were examined, | {
,rutinized. No cause in chaneery ever re-
eiyed a more thorough and searching investi- |
alton. Counsel skilled in the law, and fresh |
ON examination IN behalf Of one and the
Their party were heard. On q comparison of 1
Jews, there were points of difference between | '
hese gentlemen, and under the act of the Legis- =
lture they selected as umpire james E. Bailey, !
So, whose reputation as q lawyer and whose | )
haracter as citizen ranks second TO no man | I
the State. His decision between the conflict | I.
lg opinions Of Messrs. Campbell 4 East. and |.
10 agreed award OF these gentlemen, were | I
ahmed up. and. as provided by law, were duly | q
led with the Comptroller. .-F
This officer refuses to recognize the appraise- | I
ent and adjudication, and to execute the con- '
act directed by the Legislature, and the man | =
anus is prayed for to compel him to do so.
Keeping IN view the spirit and letter of the |
atute and joint resolution under which this | !,
bcrlOus and protracted settlement has been |
effected, the conclusion cannot be resisted that
le action OF theComptroller is entirely uDjusti
able.
The case stands thus: Article 8, sec. sO7 of g
IL Code, prescribing the duties of the ComptrOl-
T, says: -.. - ::
He shall perform all such services as may be II
.quired of him by law. or resolution of the t
eneual Assembly; and particularly it shall be | e.
IS duty to examine and adjust all accounts
I'D claims against the State, which are by 1.
W, TO be paid out of the treasury" In the
I'D an explicit resolution" directory and man
ltory to that officer Another tribunal of exam
ation and adjustment is appointed. A solemn |
nd binding contract is provided in accordance
it'll the decision of that tribunal He is made | v
? this "lsw" the ministerial officer of this | :,
,eeial law in behalf of the State. In other | II
Ords and palmer terms, the adjustment Of the Il
counts between the State and Ward Briggs | r,
q matter with which Comptroller Black burn | n
as nothing more to do than any other citizen | y
cted by the parties have settled that beyond his
lthOrity to question or unsettle. The contract | "
D which the law" governing him is u
says that when return is made to | Ii
IS Office he shall issue his warrant on thu /