The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1873-05-29
n. A., 10 Paw sherIas and Guards.
EXECUTIVE OFFICE, STATE OF Texas,
AUSTIN, May 81, 1873.

employed in conveying prisoners 10 the
penitentiary of the State, in certain cases"
1t having been called to my attention re-
peatedly that excessive, and in some IL
stances also, fraudulent charges were made
for transportation of prisoners to the peni-
Tertiary, found it necessary, for the protec-
ton of the Treasury of the State, to issue
on the twelfth of April, of last year instruc-
tions to the sheriffs, and inspector of the
penitentiarv. in regard to the number of
guards to be allowed sheriffs, and the pay
ment therefor. \ copy of the instructions
is herewith transmitted for the information
of the Legislature.
I believe that these Instructions since is
sued, have saved thousands to the Treas
ury. If the amount appropriated in this
act is a correct estimate, that saving has been
at least twenty thousand dollars; but evil
IDENTIFY your special appropriation for this
purpose might have been very considerably
more than twenty thousand dollars if
they had not been issued, because four out
of the five of the sheriffs of the State have
acquiesced in and Obeyed them, and conse-
quently have no claim for extra guards
The instructions partly explain my reason
for issuing them.
Not especially referred to therein we've
certain frauds called to my attention, Sucf
for instance as the practice of some sheriffs
of taking an order from the district judge
for large number of guards and drawing
pay therefor without actually employing
that number.
Some Judges too were in the habit of al
lowing q number of guards considerably be-
yond any real necessity, having in view per-
haps purpose to make this branch of the
sheriffs' business lucrative one, rather than
simply to provide for the security of prison
ers 1t was intended to give the sheriffs to
understand that they could not thus specu-
late.
As I remarked, the instructions have been
complied with by four-tifths of the sheriffs
of the State, and 1 will add, the result
shows that the number of guards allowed
therein are amply sufficient. No case has
been report to me where prisoners have es-
capped enroute to the penitentiary.
The expense of transportation of prison
ers to the penitentiary, even with these
stringent measures to prevent fraud and i'm
position is already very burdensome
amounting to upwards of thirty thousand
dollars per annum. If the door is again
thrown open, the estimates for that branch
of the service may as we'll be doubled at
once in your general appropriation act for
the annual support of the government, but
am sure that the patriotic impulses of the
Houses, when they understand this matter
fully, will cooperate with me in my efforts
to close this leakage.
do not think that any sheriff has a just
claim against the State for any extra guards
beyond those allowed. 1 therefor ask re-
consideration of the act.
Very respectfully,
EDMUND J. DAVIS, Governor.
n ID n II. O
EXECUTIVE OFFICE, STATE OF TEXAS
AUSTIN, May 10, 1878.
SIR-The great and increasing expense in
the matter of transportation of cOnvictS to
the penitentiary has been called to my at
tentiOn. Moreover, as no standard of COM
pensatiOn has yet been fixed to control Off
GERS who pay these claims n number of in
stances have come to my knowledge where
the claims allowed sheriffs for this kind of
service have been very excessive and ex-
travagant, and indicate that these allow
ances (Which are intended by law only as
fair compensation to the sheriffS for their
| services), have come to he considered as a
source of speculation. To provide some
standard for these allowances, and also to
better ensure the security of convicts dur
ing transportation, / have thought it neces-
npIGSGIlDG- luC lOllOMlLg regulations
to govern the sheriffs and the State -ip-1
spector of the penitentiary, in regaEdfo +be
Transportation Of convicts, the
number of guards to be paid for by the
inspector, and the manner of estimating the
compensation to be paid sheritfs for such
transportation, viz
1. For each squad OF three prisoners or
less sufficient number OF guards to make,
with the accompanying sheriff or deputy,
one person for each prisoner.
2. For each squad of nine prisoners or
less, the above number of guards for the
first three and for the additional prisoners,
such number of guards as will allow one
guard for every two of such prisoners.
8. For all squads of prisoners over nine
in number, sufficient number of guards
in addition to those permitted above, to al
low one for every three prisoners, beyond
nine in number. Under this head fraction
OF not less than two prisoners may be al
lowed for one extra guard.
4. All prisoners convicted mt any one
term of a court shall be transported in one
squad after the closing of the term, unless
any of them remain over by competent
authority. Saving such exception, the
sheriff shall only receive pay for transporta-
ton of one squad of convicts, for each term.
8. When it satisfactorily appears to the
State Inspector of the penitentiary in any
case, that the sheriff has not actually en-
ployed the guards allowed above, or has
employed some or all of them for only
part of the distance for which he claims,
then the said inspector shall only allow
pay for the guards actually employed, or for
the distance actually Travelled by the guards
employed.
6. The said Inspector shall always take
from the sheriff or deputy claiming pay for
transportion of prisoners n statement under
oath, made before competent authority,
showing the number and names of guards
employed end the distance travelled by those
guards. In computing the pay due for
transportation the distance from place of
conviction shall be computed by the inspec
tor, over the most direct overland route
:. For better security in transportation of
e0pyicts, sheriffs are directed always (unless
they have transportation by railroad or
steameFs) to transport their prisoners, prop
erly ironed, in wagons, or other convenient
wheeled vehicle: and sheriffs and guards, !
when thus transporting prisoners, are di-
rected to accompany the vehicle on horse
back, and to be properly armed. This reg
ulatiOn in regard to mounting of sheritfs
and guards is not, however, intended to APP
ply when the prisoners are transported by
stage coach.
s. The foregoing regulations as to allow
ances to be made to sheriffs, is intended as
an outside limit, and is not intended to au-
thoFize payment for guards in excess of the
number that may in any case be allowed by
district judge.
A printed copy of the foregoing will be |
sent to all sheriffs in the State for their |
government in the premises
Very respectfully,
(Signed) EDMUND j. DAVIS, Governor !
Ed. T. Randle, Esq, Inspector State Peni-
Tertiary, Huntsville, Texas
\ true copy. JNO. J. STEVENS
Private Secretary.
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stick them in their back hair, and straight |