The clarion. [volume] (Jackson, Miss.) 1883-1888, 1886-01-13
sHE'pENTTENTIARY
R<,o,ution offered b. Senator DiLtard, q
Noxutee, o. the 1lth INST.


8<,,,utioa offered by Senator Diltard, oil
Noxutes, o. the 1lth inst.
WHEREAS BY an Act of the Legisla-
fure, approved March II, 1884, entitled
an act in relation To the funds arising
frona the lease of the Mississippi
Penitentiary, II ~ss made the duty OF |
the Attorney General, in the event that
tie Iessees OF the Peuileutiary Should
fail, ar refuse, to promptly pay into the
State Treasury, when due, To wit: on the
FIRST day of january each year, the
amount due 10 the State, to-wit: S3g, 42o,
90 snnuaiIy, to at once Institute SUIT
against said les,ess, and the sliretles on
their bonds. and ITO prosecute the same
To judgment and satisfaction and cause
the same 10 be paid into the State
Treasury, wnen notified by the Cover
nor of such failure or refusal;
AND WHEREAS, the Legisl tive Com
mittee at the session at 1854 thereof,
reported that the amount due the state
under said lease for the year 1883, to-
wit: $50 1900, had not been paid, and
the Legislature, by said above recited
aei, intended to compel the payment Of
tile said sum of money into the Treas
ury;
AND WHEREAs, said act of March u,
1854 was intended 10 preyent the ex-
penditure of the money due the State
annually under said lease, for improve
t1ents ct lhe Fenitentiary, aud u re
quire the payment thereof into the state
Treasury;
AND WHEREAS, Contracts for the
expenditure of said mopey arising from
said lease were only authorized by Sec
lion three {3) of An Act of the Legisla-
ture, approved January 81, 1877, con
corning which the Governor, in his bien-
uial Message 10 the Legislature of 1881,
saws earnestly recommend that
this Section be Immediately repealed.
The authority conferred is too great,
| IL gives the Governor and Superin-
tendent Of the Penitentiary the uncon
ditional disposal, according 10 their die
erection, of $50. 420 90 yearly.
AND WHERkAs, The Legislature, in
compliance with said Recommendation
did repeal said Section three (S) of the
! Act of January 81, 1877, by the fourth
| Section of said first above reeited Act
AND WHEREAS, 1t appears from tbs
| Report of the Superintendent of the
| Peuitentiary. that notwithstanding thu
intention of the Legislature, as eX
pressed by said Act of March II, 1884
| and Notwithstanding the fact that the
Legislature did repeal said third Sectid
t said Act of January 81, 1870 sale
| superintendent made contract ln 1884
| With sid Lessees, wis reby he enables
aud Lessees TO pay the large sum OF 81
1 343, 80 in Improvements, inst ao OF II
ash. as directed an- required by law
said sum of So. 343, 80 being part OF tn
same sum Of %39 42u,00 which the At
orney General was required, ON notice
o sue for and compel the payment OF
INTO the Treasury aud II appeariu!
hat said Superintendent of the Peui;eu
tiary did in the year 1885, make anothe
contract with said Le>sees by which th
aid ie>sees were TO make further i'm
Drovements at the Penitentiary to th
mount Of 81, 4l9,42, instead of payin
aid sum of money into the Treasury, i
cash as required by said Act of Marc
y, 1854, the said Superintendent, b
>aid two contracts, thus enabling sal
Lessees to pay in provements. III plac
# cash, the large sum of SOL, 162, 81
whereby said Lessees paid Into th
treasury only the sum of S24 III, 10 G
the sum OF S7S,S40,00, which WAS r,
quired by law to be paid into the Treas
ury.
AND WnEREAs, There is great an
j certainty as to what said lessees no,
lowe the State, the Governor, in hi
message, saying message 1866, eth
sum due on the lease for the year 1885,
! has net been paid" and the said Sup
imtendent saving in his report (repoi
+ 1860. under the head Of amount du
| the State" x (which has bee
: paid over to the proper authorities an
o placed in the State Treasury 60 tie cred
! of the ''Penitentiary Fund" meaning /
. refer, as is supposed, to amount due o
lease for The year 1884, and giving Il
information as To amount due the stat
9 under said lease for the year 1885, or
= any uLtract with reference thereto.
AND WHEREAS, It is said that ii
lessees of the Penitentiary claim tt
right under their contract to make I'll
Improvements at be Penitentiary, an
have credit for same on the amour
d which they are bound to pay the Sta
~ annually; and the Senate being withot
: information of any law authorizing an
: officer OF this State to make any sac
Il by the Superintendent of the Penitel
. ;iary;
AND WHEREAS, The Act of Mare
d 10, 1881, defining the duties of the s.
:. perintendent of the Penitentiary on
e authorizes the Superintendent to Co
:, tract for repairs, and does not authorii
:, any contract to be made for iRaproC
u ments--
e Resoiued, That the Committee on Pc
Y itentiary and Prisons are instructed
investigate and report to the Senat
the amount due the State, on the
day of January, 1886, by said lessee
S and whether the same has been paid il
n to the Treasury, as required by law.
:, 2. What contracts have been mao
during the years 1884 and 1885, by Il
Z Superintendent of the Pententiafy vii
II said lessees, and under what authorit
n of law
n 3. What work has been done und,
such contracts, and whether said co
Z tracts were for repairs, or for impro,
ments.
4. Under what direction was the wol
done, and who determined the necessit
( for such work.
5. And generally to report "a to sat
Penltentiary, its management, building
inmates, etc.
e g. Aud further, what conditions an
f stipdlations the Gulf and Ship lslar
Railroad demand, on the transfer of ii
lease.
Z. Said Committee shall report,
i DILL or otherwise, at as early day
n practicable.
Adopted, and ordered to be sprea
upon the journal.
e Fol State Printer.