The Daily clarion. [volume] (Jackson, Miss.) 1866-1888, 1886-01-13
lHE PEEITENTIARY.
ReIoiution oFsrei By Senator Daiard, Of
Norubee, on the llfh mat

the Attorney General, in the event that
the Iessres OF the Penilentiary should
fail, nr refuse, to promptly pay into the
State Treasury, when due, To- wit on the
! first day of January each year, the
amount due TO the State, tO.wit: S39, i20,
| 90 annually, 10 at once institute suit
against said les.ees, and the sureties on
| their bonds. and 10 prosecute the zane
I 70 judgment and satisfaction" aud cause
the same ~ be paid into the State
Treasury, when notified by the Cover
nor OF such failure or refusal;
AND WHEREAS, the Legisl tive Com
mittee ut the session at 1884 thereof,
reported that the amount due the State
under said lease for the year 1888, 10.
witt $50 f20 90, had not been paid, and
the Legislature, by said above recited
act, intended to compel the payment of
the said SUN Of money into the Treas
ury;
AND WHEREAS, said act OF March II.
1884 was intended to prevent the ex-
penditure of the money due the State
annually under said lease, for improve.
ments at che lenltentiarv, and tn re-.
q1ire the payment thereof into the Stale
Treasury;
AID WHEREAS, Contracts for the
expenditure of said money arising from
said lease were only authorized by Sec
ton three (3) Of An Act of the I-gisla.
ture, approved January 81. 1877, con.
cernIng which the Governor, in his bien.
hial Message TO the Legislature OF 1884
SAYS g earnestly recommend that
this Section he Immediately repealed
The authority conferred is too great
1t gives the Governor and Superin
iendent Of the Penitentiary the uncon
ditional disposal, according to their dis
cretion Of $50 10000 yearly.
AND WHEREAS, The Legislature, in
compliance with said recommendation
did repeal said Section three (3) of the
Act Of January 81, 1877, by the fourth
Section of aiid first above recited Act
AYD WHEREAS, 1t appears from the
Report of the Superintendent of the
Peuitentiary, that Notwithstanding the
intention of the Legislature, Ms ex.
pressed by said Act of March II, 1884,
and Notwithstanding the fact that the
Legislature did repeal said third Section
If said Act OF January 81, 1870 said
Superintendent made II contract in 1884,
with said Lessees, VIII, reby he enabled
said lessees to pay the large sum of &27,
1889 in improvements, inst nd Of in
cash, as directed am. required by law -
said sum of $27 .343 80 being part of the
same sum Of $50 $4,000 which the At.
t0rney General was required, on notice,
to sue for and compel the payment of,
into the Treasury and IL appearing
that said Superintendent of the Peniten
tiary did IN the year 1885. make another
contract with said Lessees by which the
said Lessees were to make further i'm
provements at the Pententiary to the
amount Of $27 ,4l9,42 instead of paying
laid sum of money into the Treasury, in
cash ~ required by said Act of March
IL, 1884, the said Superintendent, by
said two contracts, thus enabling said
Lessees to pay IN improvements in place
OF cash, the large sum of 54,762,Sl,
whereby said Lessees paid into the
Treasury only the sum of $24, III, 10 81
! the sum of SIS, $4,000, which was re
quired by law to be paid into the Treas
ury.
AND WHEREAS, There is great un.
! certainty AZ to What said lessees nov
owe the State, the Governor, in hi,
message, saying (message 1866, "th'
SUN due on the lease for the year 1885
has not been paid" and the said Sup r
ntendent saying in his report (repOr
} 1861 under the head Of amount du,
}. the State" (which has beer
paid over to the proper authorities ant
+ placed in the State Treasury to the credi
Of the "penitentiary Fund, +" meaning t,
< refer, as is supposed, to amount die on
lease for the year 1884, and giving n,
! information as to amount due the STATE
Z under said lease for the year 1885, or o
:. any contract with reference thereto.
e AND WHEREAS, IL is said that tn,
e lesaees of the Penlteutary claim thu
J right under their contract to make tn,
II improvements 1T the Penitentiary, anC
Z have credit for same on the amour
which they are bound to pay the Stat,
r annually; and the Senate being vii hou
information of any law authorizing an,
officer of this State To make any suci
1 contracts a. those made with said lessee
e by the Superintendent Of the Peniten
;iary;
: AND WHEPEA9, The Act of Marcl
10, 1884 defining the duties OF the Su
= perintendent OF the PtniteGtiary unl,
authorizes the Superintendent to con
: tract for repairs, aud does not authorz
= any contract to be made for imprOUe
e ments,--
g Resolved, That the Committee on Pen
: itentiary and Prisons are instructed t,
/ investigate and report TO the Senate
the amount due the State, on the Is
4 day of January, 1886, by said lessees
e aud whether the same has been paid in
to the Treasury, as required by law.
,, What contracts have been mad
during the years 1884 and 1885, by tn
Superintendent of the Penitentiafv witt
said lessees, aud under what authogit,
of law
e 8. What work has been done unde
n such contracts, aud whether said con
t tracts were for repairs, or for imprOut
, meats.
' 4 Under what direction was the wor
+ done, aud who determined the necessit
;. for such work.
/. 5. And generally to report as to sal
l. Penitentiary, its management, building,
5 inmates, etc.
/. 6 Aud further, what conditions an
j stipulatinns tine Gulf and Ship Islam
. Railroad demand, on the transfer of iii
lease.
i L Said Committee shall report, b
I.If ,Rt,,-...s., Il. i