The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1883-05-03
AUSTIN, April 80, 1888.

AUSTIN, April 80, 1883.
Hon I. G. Searcy, Commissioner and Member
of Penitentiary Board, Austin:
Sir-Circumstances have not per-
mitted earlier attention to your favor
of the 23d inst, received the oath.
Your denial that you were influ
enced by the decision" Or action of
the old board by no means negatives
my report of what you said in our
brief conversation, viz: That you
were governed in your acquiescence
in the appointment largely by the rec
concentration of the superintendent
and the old board"
The old board could not decide: it
could not act. At the utmost, it
could only recommend; and recon-
mend only as individuals might.
Waving, as immaterial, the point
whether you were governed by the
recommendation of the superintend-
ent and board, or of the superintend-
ent only, accept in other respects
your statement of facts, which en-
braces, among other things, the fol-
lowing matter.
1. When the appointment of finan-
cial agent was taken up, Superintend-
ent Goree was present in the meeting
of the board.
2. Mr.. Brahan was "entirely un=
known" to you, and to satisfy your
mind as to his fitness and qualifica=
tions you Intercepted Superintend-
ent Goree before the board, and he
then and there endorsed in the high
est degree the capacity" and other
qualifications of Mr.. Brahan, which
endorsement, as you afterwards said,
"tO some extent, controlled" your vote.
l have never intimated doubt
that the action of the commissioners
was dictated by a sincere desire to do
their duty. l have no complaint to
make of either of them. and though
the question OF comparative quallfica-
lions of applicants, suggested by you,
may be of vital interest to the pub
lie, it is foreign to the issue presented
by me, and from that issue l will not
be diverted.
The penitentiary act lodged the ap-
pointment of the two commission
ers in the governor. The governor
might, at his pleasure, consult men,
bers of the late board or other per-
sons, but their advice could have no
legal force or authority. The act also
devolved on the penitentiary board
created by it, composed of the gov
ernor and commissioners, the appoint
ment of a financial agent; and, in
reference to said appointment, any
nominal action of the old board had
no legal character or effect.
The legislature could have consti-
tuted the commissioners little senate
to confirm or reject an appointment
of financial agent made by the gov
ernor, but it chose not to do so. With
the law before him, no one will pre-
tend that it contemplates or author
ICES this method of proceeding; and
the governor and the commissioners
recognized their duty under the law
by acting together as board on all
applications.
1t is doubtless true that majority
of the late board, viz, Gov. Ireland and
Supt. Goree, at some one of its later
sessions, did join in some expression
of preference for Mr.. Brahan.
Ipresume Treasurer Lubbock, being
for Col. Darden, although in the end
it app cared that the colonel was not
an applicant for the appointment, did
not concur; but no matter; such eX-
preston could not be the official
faction" of the board, notwithstsnd-
ing it became necessary in the gov
ernor's correspondence with me that
it should so appear.
In reference to the appointment,
the old board was not an organized
body, hut mere casual collection of
individuals. Had the concurrence of
opinion of those individuals been
submitted to the new board as IAN
understanding reached by the old
board" to receive, as of course, the
formal ratification of the new, 1 am
sure the self-reSpect of yourself and
Mr.. Tips would have revolted, and
you would have asserted your right
of untrammeled judgment.
You seem to think it proof of per-
feet fairness in the governor that he
kept back all knowledge of the sac
ton" of the old board, which he had
been referring to in his letters to me-
Do you suppose he would have had
the board know he had been telling
me the business was all settled in and
by the old board, so / need not bother
myself to push the matter any fur
Their?
There was danger of influences be-
ing brought to bear in some direction
which might possibly disarrange
things. Brown must be kept quiet;
so the governor administers sooth-
ing anOdyne: "Of course this"-the
appointment" of Brahan by the old
board-"cannot be construed as any
disparagement to yourself as it was
rendered before it was known that
Won saifh or rvanfo6 or would oa0Qnf If