Phillipsburg herald. [volume] (Phillipsburg, Kan.) 1882-1905, 1889-03-08


this committee, that he ever consented t5 become
party to their plans and purposes.
EOuFth-A succinct history Of these coal con
tracts, and the manner in which they have been
awarded, Is substantially as follows: In May.
1879. the directors of the penitentiary awarded
contracts to j. A. Lopez and D. 4. Barnes, by
the terms OF which they were each to receive 80,
GOO bushels of coal per month. The price TO be
paid IoE the same was z cents per bushel for
eighty-iYe pounds for lump coal They we're the
only bidders. Pursuant to this arrangement, T.
ner Of J. a. Loper; the former
was to furnish the capital for the
cOnduet Of the business, and the profits and
losses were to be equally divided between them.
L. II. LeutW1ler was employed as bOokkeeper for
the firm, and occupied the position OF cCnfden-
tiaI agent to IODeF. The business proved TO be
Improbable, Lopez became dissatisfied, and at
the suggestion of LeutWiler aided by the able
counsel OF Philip Krohn, Ed. A. Church was in
duced to take an interest in the business. Philip
Krohn received one hund ed dollars for his SER
vices in accomplishing this new DEAL the evidence
touching the payment thereof being conflicting
only as TO the purpose TOr which It Was paid. In
the 1all OF 1888 Loper again complained to Philip
Krohn that the coal business was not .panning
OUT as he had confidently expected, and the lat
ton for the purpose OF negotiating a sale OF Lo-
per's contract to D. n. Barnes for the sum OF one
the contract at the time, but Barnes accepted the
assurance of KrOhn9thatian assignment thereof
would be duly made and approved by the direc-
tOEs, and the sum OF money named was delivered
to KrOhn, who turned it over to LCper. At or
near the time this arrangement was consumma-
TED, the board OF directors Cancelled the LOpeF
contract. No assignment of the Lopez contract
ever made Barnes, the thousand collars
was never repaid TO MIN, and no demand was
ever made for 1t repayment, but as a matter OF
fact Barnes thereafter received the
entire surplus output Of the Denl-
Tertiary mine under his original
contract for 10000 bushels per month. In
1856 D. n. Barnes was awarded the contract Tor
the entire surplus output of the penitentiery
mine at cents per bushel Of elghty-hye pounds
for lump coal. The reduction Of the price Of the
coal from z to cents was made upon the mere
statement of Barnes, that he could not ''anOrd"
TO pay more. There were no advertisements for
VRTe n
tract has been re-let to Barnes in the same man
ner, and upon the same terms each year there
after. The evidence shows that Barnes has been
prompt and punctuai in his payments fOF the
coal received under his contract, and the direct
in which the contract mas been awarded. Barnes
contract however, was Tor lump coal, to be
screened at the LeayenWorth mine. The system
OF screenage at the LeaVenWOrth mine is by the
use Of a screen eight feet long, and one inch be-
tween the bars, ana the same kind OF q screen was
in use at the DSnltenUdry mine when the CONTRACT
was aWarded to barnes. At the suggestion and
upon me reQueSG OF Barnes, IneSe screens were
subsequently changed by placing a tWO-inch
screen above the One-ineh screen. All coal that
passed over the tWo-lnch screen is clasSefE as
''ump coal" this being the only grade called for
under the Barnes contract The coal that passes
through the gWO-lncn Scret q, ana over Ghe one
inch SCREEN is cl used as ''grate" or prepared
coal. The evidence shows that this grade Of
coal is worth cent per bushel more in the mar
ket than the lump COAL and yet this grade OF coal
was furnished to Barnes at cents per buSheI,
the price he had agreed to pay for lump coal. OF
course the change of the screens described was
altogether in the interest of the contractor,
Barnes. The coal heretofore furnished to the
state institutions largely what is called NUT
and ''pea' coal. These grades are produced
from the coal which passes through the One-inch
screen, which is again passed over a revolving
screen by which it is separated into nut y pea,
and dust" The coal furnished to the state
z cents per bushel, while the best product OF the
mine was furnished 10 the contractor at cents,
the nut coal at cents. and the pea coal at2 cents
per bushe Tho nut and pea coal was only fuF-
nlShed to the contractors out OF the surplus left
AFTER the STATE lnsutuIlonS nau Deen SupPllsq,
ana the prices charged were lar ana EedsOndple
according to the testimony. Therefore, upon
what particular principle OF nnancleF1ng, or !or
what purpose the coal Iurn1shed TO the sLaIe IN
situations is charged up In the reports at cents
per bushel is left purely to be matter or CON
lecture! Since the system OF screens heretofore
described has BEEN adopted, the evidence SHOWS
that the product OF the penitenttary mine is the
cleanest and best prepared coal in the state. 1t
seems that Barnes induced the officials to adopt
these Improvements by constantly and persistent
y complaining about the quality OF
less 1t was better prepared he could
not successfully compete in the markets with
other dealers Having accomplished all he de-
sired in this direction he seems to have still
been restless and unSausfied, and so, OstenS1bly
for the purpose of inducing him to better pre-
pare the coal, he manifested his sympathy for
the mine superintendent, Oscar +. Lamb, by
generously Offering TO raise MS salary so per
month, over and above his salary Of $4,000 per
year that he receives from the state. That et1ic-
lent and honorable officer, however. very prompt
y rejected this bride SO sk1LITully coaked under
the gutS6 OflegitimGt6 compensation for services
rendered
Lopez, Church, ct al, from Ehe outSIarL appeared
to proceed upon the theory that everybody con-
nected with the penltentlary could be 'hXed"
OF bIibed. in their interests and much Of the
scandal that has been put in circulation touch
ing the affairs OF that Institution IS due TO
the quarreIng, DackbiGlng, ana MALICIOUS lying
OF this ring OF INSCRIPTIONS bOodlerS. While the
committee finds that there was no criminal col
lusiOn between the directors OF the pen1tenCary
and D. N Barnes, by which they were to share in
the profits of the coal business, as conducted I'M
der his management, he certainly obtained ex-
70
Fifth-There is no testimony whatever to show
thai Warden John d. Smith had any knowledge
OF the existence OF any conspiracy TO obtain con-
troll of the coal output Of the penlJentlary mine.
practices in relation thereto The committee
also finds, not only from the testimony, but from
a careful inspection of the departments OF the
penitentary and the manner in which its affairs
have been managed under his administration,
Of ability, nor bad management On his part In
our Judgment, it has been fully demonstrated
that he has baen faithful, Intelligent palnStak-
ing and successful otiiceri that Ehe Kansas State
P6ntentiary is q model institution, and one OF
which the people OF the state may Justly feel
proud. There are some practices IN
connection with the business methods
OF the penitenttaFy which are condemned, and
made subjects OF recOInnenQauonS NJ GnlS Eeports
yet in justice to Warden Smith it is only fair to
call attention at this point to the TACT that they
have been handed down 20 MN from al OF ms
predecessors; have had the sanction OF the pres
ent, as wen as previous board of directors. and
therefore IL would be plainly UNJUST 10 naFsny
criticiSe him therefor even If the views OF the
committee, as embodied in this report, should
receive the endorsement Of the legislature.
StXth-Of all the damaging stories heretofore
circulated affecting the honesty and integrity of
II. L. Richter, with reference TO the acts as d.
rector Of the penitentiary, none were shown to
have any substantial foundation in fact. and the
committee feels bound. as an act OF common JUS
ttce, to WhOly eXOnerate him rom the charges
referred TO.
Seventh-The practice OF selling coal to
private customers, OftentImes 'On credit"
OF permitting persons In no man
ner connected with the penitentiary
to have articles Of wearing apparel made up at
the prison tailoring establishments, al d mere
nominal price, or permitting the Skilled and IN
skilled convict labOr5rs to perform work outside
Of the penItentary for the benefit OF private per
sons. at a mere nominal price, of permitting
prisoners to manufacture ornamental and useful