Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1883-05-22
PRISON PERPLEXITIES.
TIE GOVERNOR RECEIVES THE ANSWER
OF TEE PtIsoN DIRECTORS.
Jurisdiction Of the Executive Denied-A
Very Novel Answer-Hot Guilty,
but Virtuous,

answer. The demurrer sets forth that th
| Governor :" has not Jurisdiction, and has no
| Judicial power TO hear, ncr TO try, ror so tr1
and determine the sui ject oF this action, no
the conpi.iatr nor the written charges, no
| the specii cations Of said complaint, nor an,
of them, " and defendants aver that the juris
diction is exclusively in the Superior Cour
of the State and for the county whsrein th
conduct complained Of is alleged to hav,
taken place, and defendants pray that ;h
| complaint may be ouashed. Defendants ais,
enter demurrer to tie proceedings on To,
plea to the Jurisdiction, and pray that th
charges may be dismissed. The answer is a
follows:
THE ANSWER
To his Excel'ency, George Stoneman, Governo
Of the State OF California:
The People Of the State of California against A
H. Chapman, ]. H. Nef, VIM. F. MeNutt AMI Geo
w. Sehell, State Prison Directors
Now come the above-n named defendants, by thei
attorneys, Charles B. Darwin and VIM II. Sears
and for answer the written charges and specifca
toDs preferred sgaiDst said State Prison Directors
and filed with the Governor Of California, Georg
Stoneman, on May 10, 1888, deny and aver as fol
lows:
First-Deny that said Directors, in the manage
ment of the State Prison at San Quentin. have beel
guilty Of neglect of duty or misconduct stated il
charge first and deny that they, either Of them
have been guilty of any neglect Of duty or any mis-
prison.
Second-Deny that the report of the Directors t.
Governor George Perkins of the expenditures fol
the fiscal year ending June go, 1881, Of SSS 123 2;
on account of prison improvements and general ex
pense, stated in specification one, is false OF
fraudulent in any manner, but aver that said sun
was actually expended as set forth in said report
Deny that the Legislature, on March q 1881, ap
propriated S67 ,0lS Is to pay deficiencies for sup
port of the State Prison at San Quentin for the
thirtysecond fiscal year, as charged in specification
two, but aver that said appropriation was to pay
deficiencies prior to said thirty second fiscal year.
Deny that said appropriation was drawn in viola
tion Of law.
Deny that said money was drawn without pre-.
senting voucher therefor, charged in specifica
tion two, but aver that said money was drawn un
der and By authority Of an Act OF the Legislature
approved April 15 1880, entitled, can Act to define
regulate and govern the State Prisons OF California;
and aver that voucher was regularly presented tc
the State Board of Examiners for the same, and by
them duly allowed, and warrant for the same reg
ularly issued by the State Controller according tc
law.
FouIth-Deny that the sum of s., ,099 50 was de.
posted in the Bibernia Bank, in San Francisco,
under the authority Of said Board of Directors, to
the credit Of J. 2. Ames Warden, or that any sun
whatever was deposited in said bank to the credit
Of said Ames, Warden, as charged in specification
three
Deny that said sum of ssS1 SS was unlawiully
borrowed, unlawfully paid, by said Directors, as
charged in specification three; but aver that said
sum was paid for interest on contracts made and
entered into by the Board of Prison Directors com
posed OF Governor Irwin, Lieutenant Governor
James A. johnson and Secretary of State Thomas
Beck, during the year 1879.
The advertisement published by authority OF said
Board for supplies on November 20, 1879, reads az
follows: " Payments will be made in 80 days from
the end OF the month in which such merchandise
shall have been delivered" The contract entered
into by said Board on behalf of the State with the
successful bidders under said advertisement reads
fatf1 said Of hxrtl tlafr
acceptance of said bid do agree that the shall
be paid for within 80 days from the end Of the
month in which such merchandise shall have been
furnished
The good faith and credit of the State was
pledged by the said Board to pay cash for supplies
every 80 days, furnished under said contracts, and
it had been the rule of said Board to allow and pay
interest en- said contracts as will appear by the fol-
lowing resolution adopted by said Board: "Pay-
ments will be made at such times funds shall be
furnished by the State for that purpose and PEI
ceRtunl per month interest will be paid all bal
ances after 60 days from date Of purchase"
In order TO keep the good faith of the State, and
TO any violation Of said contract the part Of
the State, the present Board Of Directors allowed
and paid on sad contracts the td,cf interest OF the
State, to wit: seven per cent per annum.
The said Board ef Directors further aver, that
there ale deficiencies yet unsettled and unpaid, for
supplies furnished prior to said thirty second fiscal
year to our predecessors IN once and aver, tnat
when all OF said deficiencies are settled and paid,
the balance Of said appropriation will be returned to
the general fund.- as required by the Act making
said appropriation.
Fifth-Deny that there is nowhere in their re-
ports, or elsewhere, any accounting for the said
difference of l23 60, as charged in specification
four, but aver that said sum was left in the hands
of the Warden of said prison, and is shown in the
report, as required by ian Act to amend Sections
H. H. Is and 90, and to repeal Section 30 of Act
entitled an act to defne regulate and govern the
State Prisons OF California. Approved March II,
1851"
10, al fo- Il
accounted for in any subsequent report, charged
in specification four, but that said amount is
carried forward and accounted for according to law
Sixth-Deny that there is any conflict between
Warden Ames' report and the Clerks report, as
charged in specification five.
Deny that there is any charge in said Clerks re-
port OF money expended for internal and external
improvements"
Deny that said Directors are justly chargeable
with familiarity with dishonest transactions,
glect of duty, or misconduct in any way, or man
ner, or at all.
Aver that the said alleged difference is caused by
the tact that in the Clerks report the said sum OF
s460lS 20 is only the cash actually paid to officers
and employees, while the said sum of S55,320 A. as
shown by the Warden's report, includes cash paid
and supplies furnished said officers and employees
Seventh-Deny that said Directors failed to ae-
count for any money received from convict labor for
the fiscal year ending June 80, 1852, as charged in
specification G.
ment or exhibit in reference thereto. Deny that
they failed to show that money received for said
convict labor during said time, received at any
other time; but aver that all money received for
convict labor is accounted for and the proper state
ment for the same has been furnished to the State.
Eighth-Deny that there was balance of Sil,-
10 81 during the fiscal year ending June 80, 1882,
unaccounted Tor, or any other sum whatever rnac-
counted fer during said year, or at any other time,
or st ALL as charged in specification but aver that
said sum was in stock and material hand and is SO
reported for said year.
Ninth In answering the charge in specification s,
said Directors that they entered upon the dis
charge OF their duties as Prison Directors on the
30th day OF January, $780, and that there was left
OF the appropriation OF $3.50 900 for the support OF
the State Prison at San Quentin for the 3lst fiscal
year only ST. 500 to deray the expenses for the five
months remaining in said fiscal year, which sum
insufficient to support said prison fol bat two
months, leaving balance OF three months in said
fiscal year without any funds to support said prison.
The Legislature was in session. The Board of Di.
rectors applied to it for funds to bridge the
said year. bill was introduced appTopriating
S51 coo deficiency to cover il, but the amount
was embodied in the general appropriation bill, and
the Governor very properly struck it out with veto
message.
This left the Board without any money to carry
on the prison. This was an emergency that had to
be provided for. Either the prisoners had to go
without food and be locked up to starve, turned
loose upon the community, either OF which would
have been considered inhaman and outrageous
The Board met the emergency, like business men,
Of the State and borrowed s34 900 from the Nevada
Bank at per cent. interest per aDnuIn, and re-
ported the to the following Legislature, which
ratiheu their act by appropratng the amount to
pay the same, and also additional amount 70 re-
place several thousand dollars which had been
taken by their predecessors from the trust fund be-
longing to the prisoners.
lenth-Deny that J. G. johnson K Co., the Cal;
'ornia Furniture Manufacturing Company, IudsoI
& Co, Armes & Dallam, the California Door Com
pany or any other firm or any person has abso
lutte contract for the labor Of the prisoners, a,
charged in specification 9, or any contract whatever
for the labor OF prisoners
Deny that said firms, or any other firm, or any
person, pay the State sixty cents Ier day, or any
other sum per day, on convict labor, for each con
Wet.
Deny that there is any actual hiring OF convict
labor contrary to law, OF in defiance Oh the declared
public policy of the State but aver that SAID con-
Yicts are worked by the State exclusively IN accoun
OF the State, according 70 law, and for the oenen
Of and best interests Of the State
Eleyenth-Deny tfst said Directors required D
j. P. Ames, Warden Of the prison at San tluens.a
or of r. C. Poekman, formerly warden o. sne sas' a
Prison at Folsom, to waive or abandon Len
Constitutional rights and duties respz7sinE
the anDointrnent or discharge OF AM
oficers or employees in favor OF said Direesoss as
precedent to tine appointment Of said warden, q
| charged in specification 10, or required them u
waive any Of their rights or duties ioF 2s PuipoS
'Fxeifth-Deuy that said Directors violated Sec
tious % and 81 OF the Political Code, OK any othe
law by entering into the construction Oh building
and improvements at tie prison az S5R Quentin q
an estimated COS, OF $40 900, ss chazzed 10 speciica
I tion IL or violated any law whatever in ths con
struction OF any building, or y making any iIn
! proFernents a said prison. or at al.
DENY that the purchase Of rssehint-Y and jute, c
charged in specification Al, .as in violation OF aa