The Iola register. [volume] (Iola, Allen County, Kansas) 1875-1902, 1889-03-08
THE peNITENTIAaY REPORT.
The Legislative Investigating Committee
makes Its Reports.

The Legislative Investigating Committee
makes Its Reports.
Topeka, Ram, Feb 26-The joint com.
mittee appointed to investigate the affairs
Of the penitentiary reported yesterday.
The report is quito lengthy, the main
points of which are as follows:
F. c. Buckley and d. ]. Keller, OF Leaven-
9orth, and J. A Lopez of Atchison, being de-
sirous of controlling the entire output OF the
penitentiary coal mine with the smallest possi-
BILE outlay, during the fall and early winter OF 1854
with other persons entered into conspiracy
for the purpose of accomplishing this object.
It is claimed that q contract was soon executed
In writing whereby the persons were to share
equally in the profits that were expected to ac-
crue and that, among the stipulations OF this
contract. the directors and other parties were
to be taken care Of" The business proved to
be improbable, Lopez became di dissatisfied and
1t the suggestion Of Leutwiler, aided by the
able counsel OF Philip Krohn. Edward A. Church
was induced to take an interest IN the business.
Philip Krohn received 800 for his services in
accomplishing this deal, the e. idence touching
the payment thereof being conflicting only as
to the purpose for which it was paid. No as
signment CT the Lopez contract was ever made
to Barnes the $1,000 was never repaid to him,
and no demand was ever made for its repay
ment, but as a matter Of fact, Barnes there
after received the ntire surplus output Of the
penitentiary mine under his original contract
for $1,000 bushels per month
While the committee finds shat there was no
crimi al collision between the directors Of the
penitentary and d. N. Barnes, by which they
were to share in the profits Of the coal business,
he certainly obtained extraordinary advantages
to which he was not entitled under his con-
tract.
The committee says that while the repre-
hensible and unlawful intrigues Din coal con-
tracts) were in progress the evidence did not
warrant the committee in finding that any
State officer, or any official connected with the
State penitentiary, knew Of, sympathized with,
profited by or expected to profit from the dis
honest and indefensible purposes OF those who
had conspired TO secure control Of the peniten.
tiary COAL and that while Director Hiatt almost
daily met at least two of the conspirators Cnis
home being in Leavenworth), it would be I'M
Just to conclude from the testimony presented
that he ever consented to become party to
their plans and purposes.
The committee finds from the evidence that
Of the damaging stories circulated affecting the
integrity OF Director Richter none were shown
to have any substantial foundation in fact. and
the committee feels bound, as an act OF common
justice, to wholly exonerate him from the
charges referred to-"
The committee finds that various sums are
due the State from certain parties for labor
performed and recommends that suit be com.
menced to enforce payment and that no mora
debts of like character should be created.
There is no testimony whatever to show that
Warden John III. Smith had any knowledge Of
the existence of any conspiracy to obtain con-
troll of the coal output of the penitentiary mine,
or of any dishonest or fraudulent purposes or
practices in relation thereto. The committee
also finds, not only from the testimony, but
from a careful inspection of the departments of
the penitentiary, and the manner in which its
affairs have been managed under his admins
tration, that there has been neither neglect OF
duty, lack OF ability, nor bad management on
his part
1t is shown that F. c. Buckley now owes the
State something over g, 900 as a balance due on
his coal contract and that he refuses to pay the
same. 1t is also shown that J. A Lopez owes
the State over s6OO n a similar account.
The committee finds that in letting the con.
tracts for supplying the penitentiary with flour,
beef. lumber and other supplies the Warden
and directors only exercised proper and neces-
sary precautions and there is nothing to show
that there has been dishonesty, unfairness or
favoritism on the part of the penitentiary Of
ficials in come ton with the same.
Charges of fraud. dishonesty and mismanage-
nent have been made against the directors OF
the penitentiary in reference to the manner In
which the appropriation of 5000 by the Legs
lature for the purchasesof an electric light was
expended. The committee finds that these
charges are unfounded.
The present method of suppl, ing the State
institutions with coal is faulty in the extreme.
There are absolutely no checks or safeguards
thrown around it whatever.
The committee feel justified in recommend
ing that no resident citizen Of Leavenworth
County should hereafter be appointed TO the
Office of warden or directog Of the penItentiary.
The committee then make certain recommen-
dations that the Governor should have power
to order special investigations during the recess
OF the Legislature, as he is held responsible for
the institutions of the State.