The Memphis appeal. [volume] (Memphis, Tenn.) 1886-1890, 1886-02-28
JACKSON, MISS, LETTER.
THE OTHER SIDE OF THE PENI.
TERTIARY SCANDAL
Which Has Aroused So Much Atten-
tlOn and Called Out So Much
COmmentin Mississippi.
looSEEsPoSDExcE OF rHR APPEAL. /

publicity, and has elected severe crit
cisms Of personal character on high
officials in Mississippi in letter u
your paper, signed Truth" and in
editorial comments by YOU and other
papers, and as there are generallytwo
sides to every question, even where
personal honor and integrity is in
volved, | propose to, and herewith
give the other side Of the question al
luded TO, in brief synopsis OF all the
salient points of the Senate minority
report OF the Committee on the Peni-
Tertiary. / am prompted in this by a
spirit OF justice and fair dealing, and
submit the same without comment to
the verdict of the public.
Synopsis Of the report of Senators D. c.
Casey and j. X. Binford. minority of the
Senate Committee on the enittntiary.
All papers and information cheer
fully furnished by lessees.
Find that estimates and contracts
for work done are properly made and
approved as required by law relating
TO the same; that the lessees, by the
terms OF their contracts with the State,
were not required to pay money into
the State treasury-the law expressly
providing that the amount due on the
lease should be expended for no other
purpose than the improvement of the
penitentiary property. This opinion
! OF the committee is concurred in by
such attorneys as Messrs. Nugent and
Melville and Judge SIS. Calhoon,
| whose written opinions are submitted,
and who have no interest in or con-
nection with the matter.
The report further claims that the
lessees had a right 10 withhold the
payment of money into the State
treasury, and TO require that they be
permitted to make improvements or
repairs TO the amount of the rent or
hire due the State; the making of
contracts with lessees was eontem-
plated by all the legislation on the
subject for the past ten years; that
the terms OF their contract conferred
on the lessees authority to withhold
for eleven or twelve months the
amount due the state and to hold the
same until they have made repairs
and improvements to the amount of
the entire hire due the State to the
expiration of their lease that the
lessees have been contractors for the
work on the prison property since
1877, and II was never intended nor
expected that it should be otherwise.
They have paid into the State treasury
S5S,5O0 in cash, (which they could have
worked out in improvements had they
deemed proper, and they cannot be
held on their bond for payment in any
other manner; that settlements for all
amounts due the State up to the date
of transfer to the Gulf and Ship Island
Observation-Disclosures have been
allowed and balances paid into the
State treasury-that is to say, for 1888
and lSs4-to cover the full amount of
contracts with the State for said two
years; that the Gulf and Ship Island
Railroad Company has assumed the
contract with the State, as authorized
by law.
In the matter of allowances made
the lessees for unfinished contracts, as
set forth in the majority report, the
minority say that precisely the same
state OF affairs existed in 1880 and 1881,
as shown by the report of former
superintendent made to Gov. Stone,
stating that up to that time improve.
ments and repairs had been made to
the amount of sos, 897 6S, the amount
completed being ST., 97o Ie,HId the
amount unfinished and on which work
was then going on, being $l0,925.
Other instances of like character of
the above are cited from the report of
a former superintendent, showing that
these lessees, in this particular, have
followed the usual custom of former
lessees under former administration
that these contracts were made bythe
superintendent and approved by Gov.
Lowry, precisely as was done by Gov.
Stone on similar contracts made by q
former superintendent.
Under the contract of lease the les
sees bound themselves to carry out
the provisions of the existing law in
reference to the penitentiary and to
carry out the laws then in force, and
by the terms of the contract the law
of 1877 lafterward repealed in 1884
was made part of the contract. The
committee state that it is their opinion
that any act of the Legislature passed
during the continuance of said con-
tract, which impaired or abrogated
any clause of the same Except for po-
lice .purposes), would be nugatory and |
of no force or effect during the time |
such contract was in force. That |
the superintendent is authorized to |
contract for repairs and improve
ments by the act of 1877 and by the |
act of March 10, 1884, the same being
explicit on the subject. They say |
that the Governor approved the esti-
mates and contracts made by the SUI
perintendent Ia gentleman elected by
the Legislature and under bond of |
SS0,00O) without hesitating, when he
was assured by him that such repairs
and improvements were needed and |
theprice charged reasonable and just,
as certified by leading architects.
That, as to the authority of the super
with the approval of the
Governor, to make these contracts, he |
obtained from the Acknowledgement |
an opinion that he was fully author
lied so TO do. That said superintend-
ent further fortified his action by sub
uniting the estimates and prices to
leading architects for the better pro
tection Of the State, and approved said
only after said architects had
certified that the prices were Just and
reasonable. In this matter they saw
they commend his action and fail to
see what better safeguards could be
thrown around the public officials, in
the approving Of contracts, than are
erected about the Governor and SUPER
They say,that they refuse
to accept the estimRtes made by the
brought here by the com
mittee, as they are in direct opposition
10 certified statements made by four of
the best architects and builders Cd the
,ity OF jackson, viz. Messrs. II. NJ.
Taylor, +. Woven, JAS. Swan and F.
B. Hull, who certify that by actual
the estimates for brick
or the buildings and walk are correct,
md that the price charged therefor Is
ust and reasonable. These facts (the
eport says ''the gentlemen above
FAMED would have sworn TO had they
,een allowed 10 come before the com