Carson daily appeal. [volume] (Carson City, Nev.) 1873-1877, 1873-03-14
The state Prison In,broglio.

Indeed. the troubles there were compli-
Gated and intensified, as the following
relation of facts goes to show: Early
Yesterday morning, ere yet the troubles
and vexations of the day had arisen to
Girturb the. mind and temper of the
Lieutenant Governor, the Board of Pris-
on Commissioners, namely, Governor
Bradley, Attorney General Buckner and
Secretary of State Minor, betook them
selves TO the Prison, having with them
Mr.. p. c. LYMAN, who, as rllmor has it,
will receive the appointment of Warden
when the election of that officer takes
place, On the first Monday Of next
month. Arriving at the gate of the
prison yard and ringing the bell, the
Board were soon confronted by Captain
McSweeny, the officer n charge of the
guard, who desired to know their bust
ness : and the demands of the Board
being made known through the Gov
ernor, it evolved upon McSweeny.
as an officer under the command
Of the Lieutenant Governor, to de-
cline an acquiescenee in those de-
mands, and the Board being refused adj
mittance to and possession of the prison
premises, returned to their respective
offices. Here was a positive exclusion
Of the State Prison Board from the
premises over which. by the new law,
they have entire control aud what was
10 be done rext? Surely Governor,
with the whole military force of the
State at his back and the law on his side,
can't be successfully deied for any great
length of time by any recalcitrant lieu
tenant and of course the aid of the
military must he invoked. This is the
only resort in such a case and the Gov
ernor accordingly issues an order of
which the following is copy:
STATE OF NEVADA,
EXECUTIVE DEPAETNEr.
OFFICE OF CoMMANDER-IN-CHIEF,
Carson City, March IL, 1873.
Special Order No. l.
Major General Van Bokke1en will inn
mediatSlv, upon the receipt of this or
der, cause to be detailed force of sixty
lG0) men, armed and equipped for SER
vice for special duty at Carson City.
By order of the Chief, |
l.. r. BRADLEY.
This order being transmitted to er-
otfcio Adjutant General Minor, he made |
out the requisite orders and transmitted |
them forthwith to Van Bokkelen.
Yesterday afternoon Mr.. Hume, late |
deputy Warden under Denver, called at
the Governors Office bearing a message |
from Denver signifying his willingness
to surrender the Prison and requesting |
the Governor to come down and take
charge. This, as we understand, was q /
mere verbal communication; and the
Governor replied to it by saying that he
had been down there once and had been
denied admission and that he should not |
so again until he was prepared to take
possession of the premises whether Den
yer was willing or not So the matter
stood at 4 O'Clock yesterday afternoon.
Here are some of the features of the
new law under whose provisions Denver
is deprived of the Wardenship, and by
whose terms the Board have proceeded:
Section One provides that the Governor,
Attorney Generel and Secretary of State, |
(as by the terms of the Constitution
they are,) shall constitute Board OF
Prison Commissioners; and that as such
they shall have full and exclusive con-
troll of everything in and about the
Prison. Section Four provides that the
said Board shall meet on the first Mon
day in April next and elect Warden.
Section Twenty-Four, the concluding
section of the bill, provides that this
Act shall take effect from and after its
passage" Thus it would seem that the
Law, by the terms of whose twenty-third
section, all Acts inconsistent with itself
are repealed, places the Board in exclu-
sive possession OF the Prison, at once;
and that although the first Monday in
April is set as time for the election of
4 Warden. they, the Board, are now. in
law, the sole authority over the Penlten-
tiarv In other words, although the
Board cannot, perhaps, elect Warden
until April, nevertheless Denver's Office OF
Warden is oi,l;ter;,ted by law. We may
as well further state that by n clause of
the Twenty-third section of this Act,
eight thousand dollars are appropriated
for the payment of the salary of Lieu
tenant Governor, for house rent, furni-
ture and the necessary proTisions for
his table. H.s
There seems to have been this nisap-
prehension in Denver's mind: That the
law having appointed a day in the next
month as the time when a Warden
shall be elected, That he, Denver, holds
till that time. This is clearly an error,
as it is plain to SEQ by reference to the
terms Of the First 'Twenty-Third and
Twenty-Fourth Sections CT the Bill.
TT; a III. Com niSSionara am S,lIN0lna in