Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1881-08-27

Among the charges referred to us for verificatlon
or disproof by your Excellency was one ihvoVlng
the otiestion ssDid the Wardens OF the Prisons
waive their constitutional rights with respect to the
appointment and discharge of subordinate officers
and employees in favor OF the Board OF Directors,
and did said Board accept and act upon said
waiver"
Upon this question the testimony of Directors
Chairman Neff and Everson and OF the Wardens
was taken Director Schtll was not MEM
her of the Board at the time of the al.
Warden Ames deny that any such agree
ment entered into. They declare, however,
tina, prior to the election of Warden Ames, that
gentleman came before them and voluntarily pro-
posed to consult with and be guided in some measure
by the advice of the Board in the selection OF SUD-
orjinates except as to the office OF gate-keeper at
the front gate, in the selection OF whom the Warue
was to be left untrammeled Warden Pockman
testified that prior to his election he was caiieu
before the Board, and informed that warden Ames
had appeared before that body and had agreed TO De
guided by the advice of the Board in the seiection
of his subordinate officers. Warden Po,kman then
entered into similar agreement. AS interpreting
the nature of the agreement thus concluded, war
den Pockm IL testified hat he thought the Directors
desired to place their friends in positions under him.
and that as he believed they would select good men
he could get along with them. So far as Warden
Pocman is concerned it is clear that faithful oo
servance of his agreement placed the selection Oh
his subordinates in tine hands of the Directors
We cannot reconcile the denias of the DIRECTORS
and Warden Ames with the admission made by them
as to the exception relating to the gate keeper III,
in the agreement made by Warden Ames,
he did not surrender any part Of his con
stitutiopal duty, the exception becomes in-
comprehensive Ii the exception was made
and it is admitted - then we must sup.
pose the existence OF rule placing the cnoice OF
other officers in category differing from the eNcep
ton. But beyond the differences OF logic we find
facts presenting the character of the agreement in
a clear and unmistak able light.
Dr. Cary informed by a letter from Jerome
Spaulding Secretary of the Board, OF his recon-
mendaton" to tie position of Resident Physician at
San Quentin. He testif d that he himself notified
Warden Ames of his appointment and expressed
the polite hope that the appointment would be
agreeable to the Warden.
he following letter reveals similar transaction,
relating to the appointment of DIR. Grover:
OFFIcz OF STATE BOARD OF PRISON DIRECTORS,
SAN FRANCISCO, July 8, 1880.
CIV. A. Grover, NJ. D.-Dear Sir: AT a meeting OF
the Board oil State Prison Directors ON the Sd inst,
you were unanimously recommended to the Warden
for the office OF Surgeon and Physician of the State
Prison at Folsom. Very respectfully yours,
JEROME SPAULDING,
Secretary of Board OF Prison Directors"
1t is significant that this letter was not sent to
Warden Pockman. There is not only no reason to
believe that the Warden's preferences were con-
suited in the matter, but c have positive testimony
THAI the Warden was present when the action was
taken and personally protested against the appoint
ment In his ties imony DIR Grover disclosed the
of the fact that he had assumed the duties OF the
position against the choice aud preference OF the
Warden Further than thi-, he believed the Di-
rectors would sustain him in his position against
any attempt the part of the Warden to remove
him. Dr. Cary and Rev. II. Cummings both sup
posed themselves to be holding positions independ
ent of the Warden's pleasure, and these are by no
the only of sim liar import that could be
cited.
Fred B. Hollis, Captain of the First Night Watch,
appointed IN the same manner, as the following
letter shows ::
" OFFICE Or STATE BOARD or Prison DIRECTORS.
"SAS FRANCISCO.
Fred B. Hollis Esq San quentin At meet
ing of State Board OF Prison Directors held at this
office tine sd instant. you were recommended fer
the office of Captain Of the First Watch at the State
Prison at Folsom Yours respectfully,
JEROME SPAULDING, Secretary"
But still more direct evidence is to be found in
the official records The records of transactions of
the meeting held February &C. $780, contain the fol-
lowing
"FEBRuARY 26, 1850.
"The Board met at the Office OF Secretary McNutt
on this OCCASION Extract from the minutes OH
page II
" On motion, the Secretary was instructed to
communicate with c. W Gilkyson and inform him
that it was the desire Of the Board that he should
proceed to the prison at San Quentin at his earliest
convenience, and make himself acquainted with the
duties of the office of Clerk Of the Commissary De-
partment The Board then adjourned"
Herein MIR. Gilkyson is directed by the Board to
proceed to San Quentin. He goes by this authority.
These transactions do not contain even suggestion
OF advice or concurrence with the Warden.
AS having general beanng upon the question as
to the political character of the administration of
the PRISONS it is here stated that during the ma
tioual political campaign an assessment OF twenty
per cent. Of one months salary WAS levied on the
salaries of all ofiic RS aud gusrds Of the prison at
San Quentin, and with but slight exception it was
paid by them The money collected was sup
posed by those paying il to be in favor OF the Re
publican State Central Committee. Another class
OF facts having general bearing upon this ques-
tion IS presented. There seventy-two officers
and guards attached to the prison at San Quentin
Sixty-seVen of these are Pronounced Republicans
They succeeded siXty-seyen Democrats. When the
present Warden took office all incumbents were
Democrats. Within eight weeks fifty-eight Demo
cratic guards relieved by discharge or per-
mtted resignation, and hfty-eight Republicans APP
pointed to fill their places. Nearly all the guards
and most OF the subordinate officers hold their posi-
tions through the Influence Of leading Republi
politicians.
In giving his testimony concerning the subject OF
assessment, J. V. Ellis, Clerk of the prison, s:a.ed
that as he understood 1t, the Republican party
IN charge of the prisons As indicating the political
to and atmosphere pervading the prison manage
ment, TIE following extracts from the letters Of the
Secretary of the Board will close this review OF the
testimony. Extract from letter directed to MIR.
Neff November H. 1850 informing Mr.. Neff that by
order of the Pr sident there would be an official
meeting Of the Directors in San Francisco, Novem-
Der 18th
.sTo the God that rules in the affairs Of men let
give thanks for this glorious victory in the inter
est of hu nan rights and human progress haven't
heard rebel veil for two days and nights. They
don't curse loud, bu: deep: Very truly yours
JEROME SPAULDING,
Seci etary of the Board.
Extract from letter from Jerome Spaulding to
the Hon James Murdoch, Warden Of the Indiana
State Prisons
SAN FRANCISCO, July 1G, 1881.
81 notice that the number OF prisoners remaining
in the prison October 81 1880 is but 81 which fact
prison in the State Ii so, will you still further
obl'ge me by informing me OF its | caiity, that
may be enabled TO communicate Herewith. IL &C
ours TO me (perhlps erroneOusy) that Indiana is
so Democraticllly inclined, a natural sequence 1t
should excel respecti the number Of her cOnvicts
II was admitted by both Wardens that they had
given assurances to the Board prior 10 their election
that in case the Board should become dissatisfied
with their administration they would resign. In
short the whole constitutional sch and plan for
removing the political management which has fet-
tered the penal g stem Of this State has been sub
verified in practice, and the old system, without
material change has been perpetuaied by bo.h the
procurement and concurrence Of the Directors and
Wsrlens.
We find as conclusion Of fact that each of the
Warlsns elected to the positions they now hold en-
tered into covenants with the Board OF Directors
with respect to the appointment Of officers and EN-
ployes OF the respective prisons under their man.
agemcnt inlmica To that freedom rom interference
on the part OF the Board OF Directors in support Of
which the Constitution had in our judgment, de-
81 med % establish safeguards. We find that the
covenants entered into by the Wardens constitute
practical abandonment OF their constitutional rights
in favor OF the Board Of Directors, and that such
abandonment accepted by said Board.
Among the officers comprising the corps Il each
OF the prisons to be found many faithful, COM
petent and efficient men. But the deleterious ef-
feet of this interference with the plain constitu-
tjonal prerogstive OF the Wardens ismarked and I'M
mistakabe. We unhesitatingly affirm that in both
prisons subordinate positions have been conferred
upon men for political reasons against the free
choice and judgment OF the Wardens, and that at
the time Of the examination made by US, subord
nate positions were held by incumbents who would
not be retained were the Wardens free from all per
sona and political restraints in the appointment and
discharge Of the officers and guards under them.
II is enforced cation has already been productive
Of much inharmony aud characterization conditions
Perfect subordination to the authority of the War
den is indispensable to discipline and perfect ODE
dience cannot be commanded OF the subordinate
who holds his position at the hands Of the authority
controlling his superior officer.
Comparative Cost Of Maintenance.
In the second place, you request that compari-
Of the cost of maintenance be instituted between
the present and former administrations of the prs-
ons also between the cost Of the prisons in this
State and those Of other States We hayedischarged
this duty, and present the result in the following
exhibits:
The reports of the California prisons for ISIS
do not contain monthly statements of maintenance