Daily globe., 1881-06-23
STATE PRISON ARBITRATION

The Falsehoods Of a Corrupt and vsnai
Journal Exposed-Republicatio Of n
Letter Written January 10, 1870.
To the Editor Of the Pioneer Press:
The editorial in your issue of the 18th inst,
with the caption "Let in the Light" and the
long article prepared by your reporter which ac-
companied it, both rejecting severely on the
attorney general of the State and the commits
sion appointed to settle the differences between
the State OF Minnesota and Seymour, Sabin 81
company, might be left unanswered until the
investigation which they have demanded as
matter OF justic and right, at the bands OF
the legislature, had been completed and the
result published, but for the fact that the pub
lie mind is being impressed with su2position
that the State has been wronged by the award
of the commission, which l utterly deny: and
with your permission will proceed briefly to
demonstrate that the decision was equita.
BILE and just.
: The act creating the commission designated
me on the part OF the State, and Mr. wv
Johnson, of Minneapolis, on the mart of sey.
mOur, Sabin q Co., with authority to select
third commissioner. was not consulted, but
was not insensible to the compliment thus
paid me by the legislature, and irksome and
distastful as was the task assigned me, I
deemed 1T my duty as citizen not to decline
the appointment. was personally acquainted
with Messrs. Seymour and Sabin, but knew
nothing of their associates, and nothing of the
question at issue between the parties. My
position as referee ON the part of the State,
and as heavily taxed citizen, would naturally
lead me to scrutipize the claims of Seymour,
Sibin q Co. with great care, while
not
from doing them exact and even.
handed justice. Mr.. johnson, as the choice
of the opposite party, was expected to place
their demands in the most favorable light be.
fore the commission, which he did, but his
whole course satisfied both Gen. Hubbard and
myself that he was equally determined with
ourselves to mete out fairly what was due to
each party.
At The meeting of Mr.. johnson and myself
to select third member of the commission,
we agreed that it would be proper to take
some one of known character ard reputation,
from a locality remote from Minneapolis and
st. Paul. l submitted a list of half dozen
or more prominent individuals in different
parts Of the State, among them the name of
Gen. Hubbard, stating to MIR. johnson that
anyone of them would be acceptable to me.
As he knew the general personally and was
not acquainted with the others named, he In.
dicated him for the place, and | cheerfully &C,
guessed, and was gratified when he accepted,
which he, however, did with reluctance, and
only after much persuasion on our part.
The parties were duly notified to appear, and
present such documents and evidence as they
desired. This was done by the attorney gem
eral for the State, and by Seymour, Sabin 81
Co. for themselves, and consisted of the origi-
nal contract executed in 1872, of correspond
ence between the parties of the claims of each,
and OF a large amount of documentary testi-
mony taken in the suit brought in the district
court OF Washington county by the warden of
the State prison VS. Semour, Sabin & Co., in
troduced by mutual consent. All of these pa
pers, voluminous as they were, received care
full persusal and consideration, and the prison
at Saltwater was visited, and the buildings
erected!by Semour, Sabin Il Co., with the ma
chinery and other fixtures, miHutely examined.
The commits sion on their return to this
city, took up the items seriatim, as follows:
First-The account submitted on the part
of the State against Seymour, Sabin q Co.,
amounting to S34, ,62S.5U, admitted to be cor.
rect, was allowed, with S3,02030 interest,
making in all S36, ,64939.
Second-The claim of Seymour, Sabin & Co.,
for buildings erected by them and other items
connected Herewith, according to bills SUBJ
stantiated by them, and accurately examined
by the commission, amounting to SAL ,451 81,
including isterest on some of the items, was
| allowed, the bglance due them of 81, 1872. so to
be paid by the State in convict labor The
buildings and other fixtures were of the char.
acter the State had agreed to furnish by the
| contract.
Third-The claim Of s. s. & Co.
for the damages occasioned by the
non-fulfllment of the contract by
the State, in the erection of necessary build
ings and shop-room, amounting to $33, $50,
was fortified by mass of evidence from mas.
ter mechanics and other experts, and was sup
ported by Mr.. johnson as fair and legal de-
mand against the State, which would be en-.
forced by the courts, could suit be instituted.
While was compelled to admit, that the tes-
timony was strong in that direction, ale ged
that the State had equities to be considered,
and Gen. Hubbard agreed with me in throwing
out this claim of S33, ,5S2 against the State,
but we conceded that the price of convict
labor should be forty cents instead of forty
five cents per day, the former being the usual
price in other prisons, and MIR. Johnson ayr, ed
to this measure of compromise, by which the
State Was much the gamer.
Fourth-Requires additional shop room to
be furnished by the State TO Seymour, Sabin
d Co. whenever the number of convcts shall
exceed ESQ.,
Fifth-Provides that the State shall, in the
month of March, 1880, purchase the engine,
boilers, bumps aud attachments thereto, then
in use and in good order, at valuation to be
made by three competent appraisers, or a ina
1ority of them, payments therefor to be made
quarterly by the State in prison labor. and at
the termination OF the contract purcha:e all
the fixed and movable machinery in use and in
good order, including all shafting and betting
for the same; the value to be aScertained by
appraisal of competent persons as aforesaid.
SiXth-All mat ers of controversy between
the parties declared settled forever.
Seventh-The EXISTING contract declared to
be in force, except as hereinbefore changed or
modified, which changes and notifications
are made Fart of the contract executed July
1, 1879.
Now, sir, confidently affirm that there is
not single provision in that award, which
drew up with my own hand and OF which I
have given synopsis, which is to the dis d.
vantage of the State, save the one reducing
the price of convict labor five cents per day
The buildings and attachments paid for, are OF
superior quality, and cheaply purchased,
while the machinery, etc., etc, provided to be
bought by the State at a fair valuation, are
necessary adjuncts to the premises IN any event.
On the other hand, the State has been released
from the claim of S33, ,5S2 for damages for non-
fufillment Of contract.
have made a hasty, but correct presenta.
tion of the case, and ask in all candor, where
does the Pioneer Press find in it any warrant
for impugning the good faith and integrity of
any one of the commissioners? If ever tn &C
men worked diligently, faithfully and con
sclentiously to solve difficult problem, he