The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1881-09-08
PENlTENTlARY POINTS.
THE PRISON IN A DEMORALIZ I'd
CONDITION.
And Four Directors Said to b. Holding Their
COmmIssiOnsby Virtue Of Fosters
Sharp Practice.
columbus Dispatch 10 the Enqaire-,l

columbus Dispatch 10 the Enqlirer,
For some time there has been Cousid.
erable dissension in the Board of Peni.
tentiary Directors, L is an open secret
that 1nder the management Of Warden
Thomas the prison is in demoralzad
condition. Il has been said by one oil
the Directors, Mr., B air, of Brown, that
il it were not for the injury that would
result 70 the Republican party during the
campaign, Thomas would be removed for
incompetency. This condi ion of affairs
has permitted the sec ct to leak out that
the B lard, as at present constituted, is
illegal, and four out of the five members,
if not all of them are said 10 hold illegal
commits ions, and all their acts are void.
o. April 9 1880, the Republicans, eager
to gain possession Of the patronage ofthe
Peniteutiary, reorganiz9d it an turned
all the Democrats out, although the pris
on under the management Of Warden
Dyer, was in superb condition.
Ohio laws, volume 90 page 1852. shows
the law passed by the Republican Legis-
lature to reorganiza the Penite1tiu uy.
Sec ion 1880 as amended, reads as fol.
lows: 'Tle government and manage
ment of the Ohio Penitentiary shall be
sted in Board Of FIVE Directors ap.
pointed by the Governor by and with
the advice and consent of The S nate,
one of whom shall hold his Office Until
April |, 1881, two untiO April 1882, and
two until April l. 1883" &c. The next
section provides that the Directors shall
hold their Office Ior three years. A few
days after the law was passed, Senate
Journal, page 653, shows that the follow.
ing message was sent to the Senate:
STATE OF ONO, EXECUTIVE DEPT
COLUMBUS, April Is, 1880.
To THE SENATE: have the honor to
nominate aud, with the consent of the
Senate, appoint the following named
persons to be Directors of the Ohio Pen.
itentiary: Mendel Churchill, of Mus
kingum, one year; Erastus F. Blair Of
Brown County, two years; E 7. Stick
ney. of Seneca three years Thomas E
Duncan, of Morrow, four wears, and Hen.
ry Lower, of Franklin, five years. Very
respectfully. CHARLES FOSTER,
Governor.
These nominations were confirmed as
sent to the Senate, and an examination
of the records in the Governors Office
today shows that commissions we're is
sued to these men for one, two three,
four and five years, in the order named,
in direct violation of law. Three of the
five Directors hold illegal commissions,
and the Constitution making it the sworn
duty of the Directors to hold their Office
until their successors are properly quail
fed, and as this Board has never been
legally qualified, the late Democratic
Board of Directors are the legal D.rec
tors, and Mr.. Dyjr is the legal Warden
of the P9nitentiary, and in law there is
nothing to prevent them from assuming
charge. All the acts of this Board are
illegal. The question arises, How came
this blunder? Is it bunder or crimeY
The work can hardly be the result of
carelessness, for the law must have been,
or at least ought to have been, before
the Governor. Enos Hall, the clerk who
has this work in charge, is considered
one of the most competent and well.in
formed clerks ever about the State.house.
He certainly would not have committed |
this blunder. The blame, therefore rests
on Governor Foster and his private Sec
retary. If the Democrats elect Gov
ernor they could gain Introl Of the pris
on by the appointment of two Directors,
but the present Directors, as the law pro
vides, would refuse to give place tp them
as they hold Cover lor Fosters commits
sions. The Democrats may as we'll take
the bull by the horns and assume con-
troll of the Penitentiary at once. This
exposure will create some uneasines in
official circles. as large number of men
hold Office under tbs present Board. 1t
is a q1estion whether Warden Dyer and |
his assistants n ay not draw pay for the
year they have been out. Whatever the
npshot Of the whole matter may be, it is
a glsring and shameful illustration Of the
reckless manner in which the duties of
the Governors Office are discharged un.
der Governor Foster. PICKAwAY.