Ottumwa weekly courier. (Ottumwa, Wapello County, Iowa) 1872-1899, 1878-07-31
The Facts About the Penitentiary.

ueCt uilldNoTdDly uIoH thC VacCuiNo
council regarding the expenditures
of the Fit. Madison pcnitcntiary. We
have heretofore refrsined from
speaking upon the subject, trusting
that an examination Of the law would ,
convince everyone that neither Sec
rotary Young nor Auditor Sherman,
nor Treasurer Bemis, had any con-
troll over those matters. A recent ar
ticle in the Dubuque Herald goes so
far as to attempt to discredit some of
the state officers, especially Auditor
Sherman and OK Auditor. Russell, to-
gether with Governors Carpenter,
Kirkwoo6 and Newbold, that we
deem it our duty to give full state
ment of the law and the facts in the
case, leaving the people to draw their
own conclusions of the malice of the
attack of that paper.
We can scarcely believe that even
the average democratic editor would
perpetrate so gross an injustice as to
deliberately falsify the record and
seek to destroy the fair fame of a
careful and efficient public officer,
merely to subserve a partisan and |
personal purpose. But the manner
of attack leads irresistably to one Of
two conclusions-either that the writ
or of these articles is wofully igno-
rant of the law regulating the conduct
Of the prison, and the duties Of the
several officers in relation to 1t, or he
is guilty of the crime Of wilful and
malicious misrepresentation.
The law, sections 4745 6 Of the code,
declares the Warden to be the gov
ernor Of the prison, subject only to
the supervision of the Governor of
the state, and describes him as the
general financial and experimenting
agent Of the state for said institution"
The executive council is no where
charged with any responsibility of
the prison in its ordinary govern
ment, and is invested with no author
| ity respecting it. The legislatures of
1874, 1876 and 1878. in making appro-
priations for additional buildings.
required the improvements 70 be
made in accordance with plans which
must first be approved by the coun-
cil-but beyond that no power was
given in the matter. The Secretary,
Auditor or Treasurer, would not
have been justified in seeking to con-
troll the expenditures for the build
ings, when the law invested all such
authority with the Warden alone,
much less to interfere with the ordi-
nary government Of the prison which
was expressly confided to the War
den, as above proved. Manifestly
the dragging in Of those officers, and
attempting TO hold them responsible
for alleged wrongful acts of the War
den, is unjust to them, and perver-
sion of the real nth of the matter.
1t is claimed, however, that Audit
/ ors Russell and Sherman did wrong
in issuing variants for the support
OF the prison, and violated the law in
so doing, because they should have
: known that the Warden was exceed
ing the sum allowed by the law for
the maintenance of his convicts The
! intimation is made, also, that these
; warrants must have been drawn
: without authority from the Governor
and, in fact, his knowledge or con-
sent. Such is not the fact. We
: have been at some pains to examine
the law in these cases, and the facts
as well, and can speak from personal
knowledge of the entire record, as
: shown on the books of the state.
The law makes certain fixed appro.
priations to enable the Warden to
: support the convicts under his charge
!. which should not exceed eight and
$ one-third dollars per month for each
convict. This sum is payable direct
: from the State Treasury, and can only
: be defeated by deducting the amount
e due from from the prison labor con
9 tractors for that particular month
. The law provides:
SEC 47S5. For the general support of the
convicts there is hereby appropriated the month
Y ly sum of eight and one third dollars, or mucl
IL thereof as may be necessary to each convict il
= said prison. to be estimated by the average mum
= Der for the preceding month subject, however, Il
: deduction from the whole amount for the sun
&c charged to the contractors for convict labor TO
- that month
1t will thus be seen that in no cast
!. can a warrant issue unless upon prop
" er requisition from the Warden, anC
in the event that the labor dues can
: not be collected in time, then only
J. when the Governor shall order, spec
! flying distinctly the amount to b,
Il drawn. No discretion rests with thu
: Auditor. He must issue his warran
s whenever directed by the Governor
r as the section above quoted clearl,
= requires. II is as plain duty as t,
IS draw warrants for the payment o
|, the guards of the penitentiary, whicl
= the law. declares tnlast BIO l,uid InUflth
I, ly. The responsibility for its prope
l. expenditure rests with the Warden
j. with which the Auditor has no con
e Germ whatever. In each case wher
u a warrant has been issued, either b,
S Mr.. Russell or Auditor Sherman,
If was only after the express and writ
l. ten order of the Governor, requirin!
e the Auditor so to do as pointed out ii
y the law above given.
Ell The intimation, therefore, that tn
+ law was violated by these officers i
e grossly untrue in fact, as the record
. abundantly prove. Strict adherence
Y was had in ecery case of that charac
I ter, and no acdrrant acas ecer issue,
u without such explicit direction.
!. 1t is said, however, that the Audi
!, tor should have known from tn,
: amount of receipts filed, that tn
u business was not honestly done b,
the Warden, and that extravagan
: prices were paid in the purchase o
supplies. Nothing could be mucl
!. further from the truth of the matter
: The law required duplicate receipt
y to be filed, the same as is required o
, the insane hospitals and other Stat
! institutions-but no one can claim o
: pretend that the Auditors SHOULD
: make minute examination of sucl
: matters. All these are passed upor
| by the Trustees of tho several insti
$ tutions, where there are such, or BY
0 Commissioners, or, as in the case o
t the penitentiary, by the Warden, VIII,
: is both the disbursing and auditing
e officer of that institution.-St0te Reg
o lister.
q The attention of the Government