Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1883-05-22

Deny that they demanded received any salary
Of 500 per month contrary to law, as
charged in. specification IL, received any
sum whatever contrary to law, but aver that said
500 per month, as salary, was allowed and received
under " an act to amend Sections IL, II, Is and 20
and to repes Section 30 OF Act entitled Act to
define, regulate and govern the State Prisons OF
California, approved March IA, 1881" Said law
passed by almost unanimous vote OF both houses
OF the Legislature, and remained unquestioned by
any officer of the State until the Board OF Directors
passed the following resolution:
Resolued by the Board That the Attorney Gen.
! eral be and he is hereby requested to take such
action in the premises may be necessary to obtain
judicial determination Of said question by the Su-
| preme Court
After the adoption of the above resolution the
said Board ceased to draw any money under said
| Act. Suit was commenced 10 the Superior Court OF
Sacramento, and a decision was rendered by the
Judge thereof. sustaining the constitutionalty of
| said law.
An appeal was taken to the Supreme Court, which
| Court reversed the decision of the Court below.
Soon after the decision Of the Supreme Court the
Board paid voluntarily into the State Treas ,ry the
| full amount which they had drawn under said law
Fourteenth-Deny that the articles referred to in
specification IL were not charged TO SAID Directors
or paid for until some months after the same were
furnished; but said Board that a small
| aquarism was manufactured, OF the value
| Of $40 %, at said prison, and delivered to
SAID Director Sehell in the month Of Feb
| ruary, and paid for in the following month
| OF March; that surgical instrument case
| was manufactured at said prison. Of the value of
81 "a, for Director McNutt, anddeliyered in Feb
| ruary and paid for in the following month Of
March that said case was made Of green lumber
| and ruined about 500 worth of surgical instru.
ments; that harness was manufactured at said
| prison OF the value OF S29 70 fer Director A. II.
Chapman, delivered in March and paid for in the
following month Of June The said paid for
| said articles were the full values thereof
The said Board earnestly request Of the kttornev
General that he carry out his expressed intention
contained in specification thirteen to place said ar
teles exhibition at the hearing OF this cause and
iaffa 40 10 t,1aao IN 4fa
souvenir Of the malice and smallness Of the char ga
| contained in said specification.
| Ffteenih-Deny that said Board of Directors had
any knowledge that Warden Ames appropria ted any
property belonging to the State TO his own use or
that said Warden sold forage to the State Prison
contrary to law, as charged In specification II.
Deny that said Warden has appropriated any
property belonging to the State sold any forage
to the State.
Sixteenth-Deny that the Directors in the year
1882, at the starting OF the jute factory, in San
Qusntin, employed IS Cinnamon, who were not con-
vcs to work in said ute factory for the period Of
so days. as charged in specification 10.
Deny that said Directors employed or authorized
the employment of any Cinnamon, who were not
cJnyicts for any time or for any purpose, for the
State
seventeenth-Deuy that said Board entered into
an agreement with Degener & Co., merchants of
San Francisco, to supply the prison at San Quentin
with two hundred and nifty tons of ute material or
for any other quantity OF said material, for the
price OF 81 20 per 100 pounds charged in specif
cation sixteen but aver that said Board did enter
into a contract with said firm, the 2sth of Sep
tember, 1885, for the delivery OF two hundred and
fifty tons of jute for 5 per pound incud-
ing cost freight charges and Insurance. the State to
pay the duty, which 81 cents per hundred fl0O)
pounds, the amount which the State paid, as the
following copies Of papers will show:
(Capy) SAN FRANCISCO, September %, 1880.
! VIM. F. McNutt-Dear Sir We herewith beg to
offer you thousand bales (25o tons) jute
two thirds superior, one-thirdin infeor to be shipped
from Calcutta during the month of November, per
Rri rOn NJ Ak 20 (ax oH;
per pound Cost, freight and insurance to be COW
cred in serits for the thousand bales, with 10
pei cent. particular avetage.
We have based our price cash payment, with
discount on ships arrival.
We further beg to offer you 900 to 5000 bales
December, January shipment, at Lilo cents, free
We put this offer on the basis of a cost
freight and insurance price as soon We have OBJ
tanned shipping opportunity in Calcutta for such
purpose.
Our offers from Calcutta are subject TO immediate
reply.
Being very desirous to consummste the business
with yourself, propose to do it on a bedrock
basis. Very truly yours,
(Signed) DEGENER & CO.
Copy SAN Francisco September g. 1880.
Messrs. Degener Co., San Francisco Gentle G
men: | am directed by our committee TO advise
you that your bid is accepted, far it relates
to the first shipment OF $50 TONS as per your letter
Of 22d instant, and you are hereby authorized to
(signed) ''' WALLACE EvERsoN,
For the Committee State Prison Directors.
Copy SAN FRANCISCO, February q, 1881.
Committee OF State Prison Directors, to Degener
To 1000 bales, each 400 ns-4o0 600 lbs
jute ex Palawan, 4-5c. SIC, 200 90
Duty. OBSERVATION-DISCLOSURES. 2,6ST
Cash. ........-......... ,ai7,878 Il
(signedj DEGENER & co.
Eighteenth-Deny that said Board purchased ma
chinery in England for the jute factory at San
Quentin to the amount OF $4,000, or any other
amount, and kept no record OF the same Deny
that they did not retain the correspondence relating
to the same. Deny that there was no notification
to induce competition charged in specification IT.
Said Beard aver that Warden Anes corresponded
with various firms in Leeds England, and Dundee,
Scotland, inviting proposals for the furnishing Of
said machinery for said jute factory, and received
replies to the same, which correspondence is now in
the possession Of said Warden Aues at San
Quentin, and said Board is ready and willing
to exhibit the same. Said Board aver that
from careful inquiry they ascertained that
complete system OF looms, spinning and
other machinery for said factory could not be OBJ
tained in the United States, therefore the Board
purchased the same by contract, dated August q,
1850, with and from the firm Of Fairbairn Kennedy
& Naylor, of Leeds, England. Said machinery was
purchased under I" an Act TO define, regulate and
govern the State Prisons Of California" approved
April Is, 1850.
Nineteenth-Deny that said Board has permitted
Warden Ames to sell and dispose Of the goods
and articles manufactured at said prison without
limit and without competition, and deny that said
goods and articles were sold contrary to Section 20
of Act approved April Is, $780, entitled An Act
to d.fne, regulate and govern the State Prisons of
California, as charged in specification eighteen.
Deny that said goods and articles were sold con-
trary 10 any law or section thereof but aver that
said goods and articles were sold and disposed Of
under said Act referred to in specification eighteen,
and the cash for the same has been received and
paid to the State.
Twentieth-Deny that said Board, without any
authority of law contrary to law, adopted rule
and acted upon 1t, allowing ten cents per day to all
convicts who perform faithful labor, as charged in
specification nineteen. Said Board aver chat it has
been the rule and custom of all Boards Of Directors
OF said prison TO allow compensation to conyct5 for
faithful labor working for the State and not en-
ployed by contractors and that said practice has
been found to be of great benefit to the State and
proved "an invaluable aid in the maintenance Of
discipline"
for good conduct and faithful service is praaticed in
nearly all well regulated prisons in the United States
and other countries. Said Board further aver that
said compensation OF 10 cents per day allowed to
convicts is authorized under and by virtue Of " an
Act to define, regulate and govern the State Prisons
Of California" approved April Is, 1850.
Deny that said Board has failed 10 enter their
orders in their Journal as charged in specification
20, and deny that they have persistently and con-
stantly disiegarded the law referred TO in said
specification but aver that they have always
formed to, ded and obeyed in spirit and letter
all laws relating to the agerDeut of sad prison.
Said Board state that they have always invited
tnOTOugn MNcstlSdtlOD5 Dy aby perSon having Ou-
thority to make the game, Of all any Of their
official acts, and April H. 1873, adopted the fol-
lowing resolution, official copy Of which for
warded to the Governor, but have received no reply
up to this Iime
"With a view to the properly administering OF
the large trust upon the state Board Of Prison Di-
rectors by virtue Of the new Constitution, which
necessarily forces great industries to be inaucurated
and conducted on State account BY the managers,
and such industries having been instituted and coll
Quoted in accordance with legislative enactment
and necessary large disbursements from appropria
tons and earnings Of the two prisons Of the State
hayne been made to build, equip, operate and sup
port the same, and as eighteen months have elapsed
since expert has been employed by the Executive
Of the State to examine such accounts and we
deem it precautionary measure trusting To a salts
factory assurance Of the people Of the State as
well as the managers OF the trusts, that
cazeful and thorough examination by COM
petent experts, Of all the receipts and dsburse-
Isents, and forms OF keeping the accounts at each
Of the two prisons be made periodically IL not an
nually. And In view OF the near Ipproach Of a new
/ tiscal year, therefore be it
i" "Resolced, Ry this Board. that the Governor be
requested, at his earliest convenience to employ for
| such an examination competent expert Of ac-
counts OF proper bookkeeping as he may deem suit.
able, TO act IN conjunction with one 10 be appointed
by this Board, that they may conformity examine
thoroughly all accounts Of receipts and disburse-
merts at both prisons to their satisfaction and ro-
port all z-rors found; and further, that they be