The morning call., 1890-12-14
A Meeting of the State Board Of
Prison Directors.
A Coal ccmpany's Objection to Accepting Q
Contract-suit for Royalty Brought BY
a Former Prisoner.


company could not be forced to carry out its
bid.
Director Devlin explained that in order
that the surety checks might be returned te
the several bidders while the coal test was
being arranged, the dealers had signed con.
tracts which agreed that the dealer 10 whom
the award would be made would then fur
nish the necessary bonds.
THE CONTRACT NOT UNDERSTOOD.
Mr.. McCutchen said he did not think
President Cornwall had proper knowledge
Of the contract. or he would not have per.
mitted its signature.
The Directors devoted half an hour to
investigating the matter ana then postponed
action until another meeting.
A petition was presented from NJ. J.
All erne, guard, who was discharged in
September, claiming SS25, due for six
months and fifteen days overtime, accord
ing to the State Constitution, which pro-
vldes for eight hours constituting a. days
work; also for $500 Communication for board,
he having lived with his family for several
months outside the prison.
Attorney ClituS Barbour, who prese nted
the petition, stated that Aherne had been
snmmarily discharged and had not been
permitted to make any defense. He asked
that Aherne be allowed to eXculpate him.
sell from the charge that through his neg
lect three prisoners had escaped
Director Devln said the board had already
made careful investigation into the matter
and the petition would be referred to COM
mttee. Afterward, ON motion, Aherne's
claims were rejected.
The following report, presented by Warden
McComb, was received and placed on file,
and the case of prisoner John Harris was
referred to Director Reddy to report upon ::
REPORT OF WARDEN INCOME.
The Black Diamond Coal Mining Company still
refuses TO furnish steam coal under the contract
awarded on tile I'd OF September, and We have
again purchased coal Tor our needs in the open
market The supply Will last Till the end of the
month.
The trout building Is now ready for occupancy
as soon as Tie rooms can be furnished. 1 have
ntted up an office and rooms for the Captain Of
the Guards, Dom fur the armorer and an office
for The Warden.
The Matron asks to have room assigned for
her use, and there are applicants for other rooms
aud Offices. There is a balance remaining of the
appropriation which will be amply sufficient to
III UP The rooms.
Prisoner John Harris Is on the prison register
as having been sentenced 10 serve term of
fourteen years, but as lie shows in a communi-
Cation addressed TO me, ne was really sentenced
10 Judge Murphy's court 10 serve a term OF seven
years, and i've days aflerward in Judge IooDy's
Court, was sentenced TO serve term OF seven
years. lie asserts that lie wa, Informed By The
Judge that his sentence could not be made To
commence NJ The expiration OF sentence pro-
bounced IN another court, consequently lie would
serve both terms at The same lime. The prisoner
asks 10 have the error 10 The register corrected.
Hon. L. b. Mcfarland, when Judge OF the
Superior Court OF Sacramento, decided THIS
point and liberated John Acker, who had been
sentenced IN three different COURTS TO serve four
terms OF imprisonment. The court held that the
hfst and secoud sentences, having been pro-
nounced on lie same day, were valid, being IN
accordance with The provisions of Section 500 Of
the Penal Code, but that the other sentences were
either void or had been served at the same
time with The longer term OF the first and second
sentences. The opinion says:
III Is only when person IS convicted OF TWO or
more crimes, before sentence has been pro-
nennced for either, that one term OF imprison-
ment can be Made TO commence alter the expira-
ton OF another" penal Code, Sections 669, 67O)
therefore respectfully ask thai L may be IN
sIlucted to correct the register, in accordance
with tue request OF The petition, which Is here
with submitted.
James Sweeney Go. 1894, siableman. Sc
creed himself on the evening OF the 4,h. aud es-
capped by eluding Tie guard at The paiisade before
the error AT Inc gate was discovered. botn
guards at fault have been dismissed.
The rains have put the 6 ound In condition for
plowing, and L am pushing the work as rapidly
as our short working hours Will permit
Since cold weather has set 10 there are many
complaints That the clothing, made Of prison
cloth, is not sufficiently warm. On the recon-
mendailoB OF The physician l have issued extra
Canton flannel under clothing in some cases, aud
VIII have The jumpers lined with heavy cloth.
A PRISONERS PETITION.
The petition of a prisoner named John
Marshall to have his credits restored on the
ground of his good record for the past six
years was received and placed on file on
motion 6fzDirector Reddy. Marshall was
sentenced for thirty years, and lost eleven
Years by attempting to escape from Folsom.
His age is AZ years.
a couple OF other petitions from prisoners
for restoration of credits were denied.
Previous to the meeting of the board the
members were served with notice of the
suit OF Charles q. Root and Manuel Eyre
against the Directors for infringement of a
patent shuttle now in use in the jute-miH.
| Root was the patentee, and while he was a
| prisoner he assigned a half interest in the
invention to Eyre. in consideration Of his
having il patented. A verbal agreement
NTH the officers permitted Root to introduce
the shuttle into the jute-milI, and the Board
allowed IL royalty Of 5 cents to the patentee
| for every shuttle used in the mill and else
where. Root is now at liberty, and he has
sued the Directors to recover $500 alleged
royalty due since 1887.
On motion it was resolved to employ an
at orney to defend the case, and the meet
ing then adjourned.