Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1883-03-01
TIE LEGISLATURE.
Report on State Prisons-The Apportion-
meut BtlI-The "Drairage ActD Claims

Report On oL1Lo fI1sOGS-TQ5 ApporLlOQ-
ment Bill-The Drainage Act" claims.
Both houses of the Legislature held interesting
sessions yesterday, the Senate spending most OF its
time on the Senatorial superintendent bill, and the
Assembly on the bill to pay claims for work done
underline "Act to Promote Drainage"
The Senate met at 10 A. NJ, Lieutenant Governor
Daggett in the chair.
Ryan, from the Committee on Corporations, re
ported back adversely S. B. 32, relating TO insur
anee pollci and what they must contain and
specify, and without recommendation S. B. 31S, re.
lating to contracts OF marine insurance
Reddy, from the majority of the Committee on
State Prisons, presented voluminous report, set
trg forth that the committee had taken 1877 pages
OF testimony concerning the management of the
prison at San Quentin. 1t will give pretty clear
idea OF the report to sly, in summary way that it
very strongly and pointedly corroborates and con
firms ali the facts set forth in the report OF the
Special Commission OF Inquiry made to the Gov
ernor in 1881, and supplements the same with come
items which have either occurred since, then
considered Of less Importance and not dwelt upon.
The following synopsis gives the leading features oil
the present report OF the legislative committee:
From the evidence taken the committee find that
the Board of Directors-consisting of A. ii. Chap
man, J. II. McNeff, Wallace Everson, VIM. 7. Nc
Mutt and A. P. Whitney, required the Warden of the
San Quentin Prison and 7. G. Pockman, who was
appointed Warden Of the prison at Folsom to waive
their constitutional rights with respect to the APP
pOlntment and OF olIleerS ana
employees in favor of the Directors, condition to
their appointment to the offices named, contrary to
the Constitution, and that the Directors and War
dens afterwards acted upon the bargains thus made.
That the construction and erection OF the ute manu-
factory buildings, the purchase of the machinery
and the jute, was without authority Of law the
cost of the building exceeded So 000 and plans of
lch building, or bills showing the amount OF the
different kinds OF ma erial necessary for such
erections were submitted to the Gov vernon, State
Treasurer and Secretary OF State for approval
at any time. That the Directors have
been guilty CT receiving money from
the State for mileage, to which they were not
entitled by law That they 3eived from the State
S100 per month, contrary to the provisions of the
Constitution Section of Article X. That Direct
ora Everson, Schell, Chapman and McNutt received
from Warden Ames articles manufactured in the
State Prison, which were charged to said Directors
and afterward paid for By them, contrary to law.
That officers Of the prison rendered as presents to
said Directors articles manufactured at the prison.
That lumber belonging to the State was taken and
used in building a yacht for Commissary F. G..
Berry and Clerk j. V. Ellis and no entry thereof
charge therefor was made till after Committee of
Inquiry, appointed BY Governor Perkins, had IN
earthed the fact. That MIR. Berry claimed to have
delivered certain spars to the State, the value of
which does not appear in evidence, but which was
claimed to be equivalent in value to the lumber used
in his Yacht. That the Directors informed OF
such facts and that entry thereof had been made
in the books until after the facts disclosed, and
neither Berry nor Ellis have been Ieprimanded or
discharged Notwithstanding their act was dishonest
one That Warden Ames had had constructed out
wheel, and that he had entered no account thereof
in the books until after it was discov-
cred. That Warden Ames violated the law
by taking to his own property be-
longing to the State, and that his acts in
so doing were dishonest, and that, notwithstanding
this the Directors have failed to reprimand or GEM
plain of him. and IN their so doing, as also in falling
to remove Clerk Ellis, they have sanctioned such
unlawful acts. That it is notorious fact, well
known to the Directors and Warden Ames, in direct
violation OF the law, number OF parties are en-
gagged in the business OF selling vinous and alcoholic
liquors within the limits prescribed by law and that
no effort has been made to prosecute such persons
or to prevent the traffic That the Directors in 1882
caused to be employed in the jue factory % Chinese
who were not convics, in direct conflict with Sec
tOn Of Article AlA. Of the Constitution. and in so
doing the Directors and Warden Ames have violated
their oaths of office That the Board entered into
an agreement with DegeAer 4 Co.. of San Francisco
to supply $50 tons OF Jute at 81 70 per 100 pounds
and that the records show that the state paid there
for at the rate Of 81 ~ per 100 pounds, but this
matter Of record Warden Ames explained a
clerical error, and was astonshed to find such an
entry on the minutes. Clerk Ellis, however, claims
this was not clerical error, and that he had kept
the minutes correctly, consequently the committee
thinks there has been embezzlemeut by some one.
That the Directors purchased engine and boilers
for the jue factory, aud paid therefore the sum Of
SIT 600 to Prescott Scott Co.. when bids to furnish
the necessary engine were received from the Rsdon
Iron Works (S10,000), Pacific Iron Works 81 500,
Fulton Iron Works 1880, and that such proceed
ings cannot be attributed to honest motives. That
Warden Ames and Commissary Berry have been
permitted to purchase supplies with the assistance
of man named Davis) without advertising, Orwith-
out any check or limitation upon their powers, and
that the former two have been allowed to sell goods
and material purchased for the prison use, and to
carry a regular business, and to trade and traffic
in the goods and property Of the State without any
regular supervision on the part OF the Directors.
That they have permitted Warden Ames, without
limit, to sell and dispose OF goods manufactured at
the prison without advertising and inviting compe-
tition between purchasers; that the Warden has
thus sold large quantities Of such goods on credit
lhat the Directors have established rule allowing
the sum of ten cents day to all convcts who per-
form faithful labor, and still higher sum to others
which aggregate at least S24, 600 per Rnnum, and
without authority OF law. The money thus allowed
convics is paid to them, hut they to receive
credits on the prison books therefor and the money
may be drawn out of the funds of the State by MIR.
Ames, and, as testified to by him, deposited
in the Nevada Bank in his own name,
with the addition Of the word "Trustee," which
would Mt, in the event of the death or tenn.
porary absence of Mr. Ames, sho9 who are the
benefciaries of the trust Reference is made TO the
employment of Mr.. Slesser by Mr.. Ames to super
intend the furniture factory, and that N 2. Cole
Co. of which he was formerly member, have con-
tinued to have manufactured to their orders and
plans all fur iture, notwithstanding their contract
with the State has ceased, the State having simply
the cost of convict labor and other dealers have
been prevented from competing with Cole & Co. for
t e labor at San Quentin, and the Directors and
Warden Ames have thus allowed Cole & Co. a mo-
nopoly. 1he same condition of affairs exists
CARDS the harness factory tub and pail factory and
all other departments operated under the contract
system. In the purchase OF clay lands for brick
making the Directors exceeded the authority con-
dded in them by the State, and failed to make any
record Of their official acts those employ ed by
them in the purchase OF said lands. The Board and
Warden Ames have failed to keep copies Of business
CORES pondence of the utmost importance, IN viola
ton Of law and it is very doubtful if single legal
order can be found in the entire records OF the
Board In conclusion, the committee finds that the
Directors OF the Prisons have been grossly neg gent
in the performance Of the duties assigned them, and
that they have violated nearly every section of the
law made for their government, and that their
whole urse is reprehensble andideserving OF con-
demnation.
The report was ordered printed, and copies OF the
report and testimony ordered sent to the Governor.
Whitney gave notice that he would at an early
date submit minority report.
Vrooman moved to rec lnsider the vote by which
the oeomargarine bill was passed.
On motion Of Del Vale the motion was laid upon
the table.
The Assembly messages were taken up and vari-
Gus bills were referred to committees
en- motion OF Lynch, A. 3. 1856, legislatlng the
Harbor Commissioners out OF office, was read first
time out Of its order.
The Senate then took up Flynn's BILL dividing the
State into Senatorial districts, the question being
upon WhitLey's amendment changing the shape Of
the districts in Alameda county.
The amendment was lost By strict party vote,
except Wolfskill and Cox, who voted for theemend
ment.
whitney offered another amendment, which met
the same fate.
Recess until P. NJ.
The Senate reassembled at ? P. NJ, johnson OF So
mona il the chair.
Mcclure rose 10 question Of privilege in regard
to a report published in the EIdmtler. That paper
had charged him with obstructiDg legislation and
opposing the oeomargarine bill. He said that, on
the contrary he had voted TO suspend the rules u
Ike up the BILL had advocated it and voted for it,
Vrooman also took exception to the same article
saying that he had opposed the bill in question in
good aith because be believed it to be class legsla
| ton of the worst kind.
Kellogg, Chairman of the Committee on Elections
introduced resolutions to pay j. NJ. Brooks $500 fol
per diem, SIS 30 for mlesge and 81, 266 81 for ex
penses in the contested election Of Brooks vs.
Steele.
| Reddy introduced resolution instructing the
Committee on Judiciary to report back forthwith A
| B. sos (known the Barry corporation bilD that
it be sent to the Committee on Corporations, and
1 hat hap- Mt O'clock