Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1881-08-27
The Political Aspect or the Existing
Prison Management.

Prison Management.
Your letter enions upon us an inquiry into the
extent which political plrtsanshp has controlled
the appointments official positions in the prison
administration. The fact that you imposed thi;
duty upon us leads to the inference that TO your
Judgment if the partisan reason is permitted to in
fiuenee the appointment of prison officers IN any de-
gree it will inevitably dominate such appointment
altogether Prior to the adoption OF the existing
Constitution the entire administration of the State
penal institutions subject TO party yicssitu1es
Its government essentially partisan in character
Its control and direction under the sway Of the
three leading officers of executive administration,
while tie second officer in the government OF the
State became by virtue OF his partisan preferment,
the Warden of the prison and practically the arbiter
OF its destiny Tor four years. The Governor, Lieu
tenant-GOyerdor and Secretary of State composed
the Directory with the LieuteDant-Cove az resi-
dent Director or ex oticio Warden. These officers,
in political system the choice OF political
convention and however distinguished for civil ad-
ministratiye ability not selected with reference
their experience in the management OF penal iu-
stitutons their familiarity with the science OF
penology. The success of any penal system de-
ponds almost wholly upon its proper administration.
The best system devised viii fail il unintelli-
gently administered, while the worst may be meas
urably redeemed from total failure BY earnest
thoughtful and judcious administration.
The Governor Lieutenant Governor and Secretary
Of State came into control Of the prisons at time
when under political institutions party feeling
highest and when even the spirit OF party faction
was most intensified. The official patronage OF such
institution Is large. lt is already part OF the
political history OF cur State that this patronage
became at portion OF the spOils esteemed to be
the righ;fu reward Of party success. Each admins
tratoB, thus placed in control of this department OF
government, entered upon Its direction with Out
four years term OF office This period not suiii-
GENTLY long 20 permit Of the formation Il plans Of
reform, much less the maintenance OF such reform
10 that point OF development where eXpeu nee
would avail TO guide and correct its course To take
the existing system as they found it, and drift
through an executive term Of four years was as
inu, h could reasonably have been expected OF a
directory SO formed and so enrironed. That its en-
tire administration should have fallen into the te-
CORY of political rewards is not at all subject Of
surprise
After enduring this political system for thirty
years. the people OF this State sought by provisions
in the orgaaic law 70 remove the penal institutions
Of the STATE from under the baneful influences of
political mutations Popular intelligence was not
at fault in dvning the real obstacle TO the develop
ment OF higher penal system. That Intelligence
had penetrated the subject to the discovery of the
central error Of the old policy and by provisions in
the new Constitution plan Of prison government
was outlined, wherein the policy OF removing the
penal institutions of the state from subsection to
party control Is unmistakabe.
Article y. OF the Constitution provides for the
creation OF Board Of CVe) Directors, who shall have
charge and superintendent OF the state prisons
and who shall hold Office for ten years. The Gov
ernor Is empowered 10 appoint these Directors, but
to secure them against the caprice Of political eX
eeutive the power t. remove them is made depend
ent upon their conviction Of misconduct incompe-
tency neglect Of duty, after due trial upon writ
ten charges. To this Board OF Directors is given
the power n appoint a Warden AZ clerk for each
prison, but the power Of removal OF these ap-
ponees is restricted % good cause, enumerated as
misconduct, iucompetency or neglect OF duty"
The exercise Of the power Of removal OF the Ward
en- is therefore restricted TO good The TACT
If the existence Of such good must therefore
be first established.
To he il fsgAf INN .ff and
sign fcant trust of appointing and removing at
pleasure all other officers and employees OF the
prisons.
We quote from Section 3, Article y, Constitution
Of this State, as follows
IAN other officers and employees OF the Prison
shall be appointed by the Warden thereof, and be
removed at his pleasure
The implications Of this latter provision are I'M
mistskable. We have already c He'd your Excel
lencys attention TO the paramount influence and
importance of administration as a factor in the sue
cess OF any penal system. We beg leave TO en-
phasize 1t here by repetition. That the importance
OF this controlling element in prison discipline was
clearly understood by the trainers of the Cons:itu-
ton is amply proved by the broad significance Of
this provision. The Warden given this I'M
restricted power Of appointment and removal, 70 be
exercised arbitrarily, 20 the end that fitness,
pac';y adaptability and sp cal qualifications should
be- the sole and only considerations influencing the
selection of those upon whose administrative intelli-
gence and exceptional fitness for the peculiar duties
OF their offices the success Of any system, however
wisely conctived must depend. Our investigations
have justified the high wisdom OF this provision TO
our une erstanding. The system ostlined in the
new Constitution presents three leading safeguards
against the subsection Of the prison management TO
the vicious party spOIls system. The new order Of
things was designed co supplan'.
l. The long tenure q Office on the Board Of
Directors
, The restriction upon the executive power OF
removal
g. The absolute independence Of the Warden in
the appointment aud removal Of his suhordinates,
and his perfect protection against all encroachments
upon his most important prerogatiye on the part Of
the Directors This latter Is the vital point Of the
whole plan. Indeed, il may be regarded the only
safeguard against immediate relapse into the
methods which the people OF the State we're cam
estly DESTROYS Of abandoning.
These considerations are presented, not because
til will be to your mind or debataDle in your
understanding. tut for the purpose Of recalling the
standard of judgment BY which the significance Of
the facts now report must be determin d.
We iind that In pursuance of your constitutional
prero2ative YOU appointed Hens. a. ". Chapman, j.
II. Nef, Wallace Everson, George w. Schell and w.
F. McNutt to constitute the Board Of State Prison
Directors. BY your kind courtesy have your
personal testimony as TO the reasons which infu-
enced YOU in the selection of these gentlemen We
find from this testimony that your for such
appointments we're based upon YOUR belief that the
gentlemen receiving this high trust at your hands
possessed special fitness Tor its proper discharge.