The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1890-02-22

riage, had been passed. The bills were
read and referred to the committee on Judi
ciary.
WANTS HIS SALARY INCREASED.
A communication from the clerk of the
Third district court stated that said clerk
had only received 5000 per annum and that
the duties of the office had greatly in
creased during the last year and asking
that the amount of salary be increased
Referred to committee on judiciary.
THE wARDEN'S REPORT
The wardnn of the penitentiary submit
ted supplemental report, which was re-
ferred TO the committee on penitentiary
and reform school. 1t was as follows:
WARDEN's OFFICE,
SALT LAKE CITY, Feb. 20, 1890
To the Council and House of the Legislative
Assembly of the Territory Of Utah in Legis
lature Convened:
GENTLEMEN beg leave to make my re-
port to your honorable body as warden of
the Utah penitentiary. There has been no
change in this departmentsince my last re-
port of Jan. &c, 1885,
l beg leave to refresh the minds of your
honorable body by rehearsing short ac-
count OF some items pertaining to this de-
partment, which l trust will not be thought
out OF place or untimely at the present
Having been an officer of the Utah pen
ltentlary for over TWENTY-FIVE years, there
fore am somewhat acquainted with said
institution. Some twelve or more years
ago the United States marshal, Nelson, took
possession of the Utah penitentiary and
the control thereof. AT that time Hon. A.
z. Reckwoodwas warden. was one of the
directors. We had quite a number of ter
rltorlal convicts left without any safe
place OF keeping them. We at once con-
celved the idea of getting up some iron
cages. We accordingly had made to order
hve cages, each cage sufficiently large to
comfortably lodge four persons in each;
then procured tents in which we placed
the cages. This plan we found answered
our purpose and answered well for warm
weather. These we moved from place to
place wherever we could get con-
Wet labor. In the winter we procured a
large adobe building, on what is now
known as the race track, near the Jordan
river, situated in the Sixteenth ward of
Salt Lake city. In this place, by the use
OF stoves, we kept our prisoners comforta-
Bile through the cold weather.
1.-The number of our prisoners grew less
as their terms of imprisonment expired
AtlaSt demand was made for the remain
ing prisoners by United States Marshal
Nelson; we gave them up under protest.
He also demanded all of the territorial
property In our possession to be given I'D
to him, which we objected to. A suit was
planted thereto by the Hon. A P. Rock
wood, then warden. The United States
marshal then negotiated for a loan of some
of the property. We lent him, to wit: the
hve iron cells or cages, one box cell, two iron
wheelbarrows and a few other things; he
gave his receipt for the same, to be re-
turned in good order on ten days notice on
the order of the warden of the Utah peni-
tertiary, which receipt now hold
II have loaned two of the cages to Salt
Lake county, and last summer, 1889, the
Salt Lake city marshal requested the loan
OF two more of the iron cages, for which |
gave an order on the United States marshal,
F. H. Dyer, who promptly complied with
my order. l now hold receipts for the four
cages loaned, all to be promptly delivered
upon my order. Thus the matter stands.
United States Marshal Nelson, when he
made the demand for the remaining terri
torlal prisoners, did not present any au-
thorlty from the United States government
or from any department thereof, for said
prisoners. No contract was ever entered
into to my knowledge, with the United
States government or with the interior, or
OF any department. whatever, to take or
keep territorial prisoners.
An act of Congress says: Territorial
prisoners may be kept in United States
penltentiaries at territorial cost on special
arrangements but to my knowledge no
such arrangements have been made. This
state of things has been permitted to pass
along from year to year, and by fancy
prices being charged for keeping our terri
torlal prisoners, heavy bill has been
run up against the territory; the last
hgures that l saw made, the amount was
| over $500 GOO, this amount our former gov
ernors have asked our Legislature to make
some arrangements for its payment.
THAT sum must have accumulated up to
near, II not quite, half million dollars,
and II legislature can be procured which
| is of the same mind as the governors who
requested the payment OF the above bill, a
way will be readily found to liquidate that
enormous debt by levying a special tax for
that purpose, which will make the taXpay-
ers feel as though there had been some
neglect which must rest somewhere
! Some, twelve or more years ago, fore
seeing that a thing Of this kind might oc-
cur, the directors and warden suggested in
our report 10 the Legislature the propriety
of appointing a committee of three or more
| TO select proper site, and its probable cost
Tor a territory penitentiary; the committee
was appointed, but no funds were appro-
priated to pay travelling or any other CON
tlngent expenses. so the matter dropped.
1t the suggestions had been carried out, a
sum not less than two hundred thousand
dollars would have been saved to the terri
tory. feel it a duty that owe to your
honorable body and to the taxpayers of the
territory to bring this TO your notice, the
facts as they now exist. Statistics win
show that the cost Of keeping our territor-
rial prisoners by the United States has
been more than double the amount of when
kept by the territory. l might be asked
what is my opinion in relation to this enor-
NOUS Indebtedness. Will say, as all was
done on their part with our utter protest,
that IN court of Justice that debt could
not be collected, but [ have thought in some
special case that justice was at discount,
| and am still OF the opinion that no bar be
left down that would incite legis-
lation, and therefore still recommend
the same as has been recon
mended for the past twelve years
or more by the directors and
warden of the penitentiary. In conclusion,
l will say that our territorial Legislature
placed me in my present position, and OF
securing in part at least the mixed nature
OF the position. would not accept and
qualify without first applying to the best
legal authority in the Territory, which |
did, and was told that it would be best to
accept, which did by filing bonds in the
sum VI SIV,VoO, H. y. ElurluSe, now de-
ceased, and L. S. Hills becoming my
bondsmen, which was filed with the terrific
rial auditor of public accounts.
xviii now say that have in safe keep
ing the secretary containing the books, pa
pers and records of the Utah penitentiary
with few particles of value; the same was
reported two years ago, which, however,
all occupies valuable room. / thought it
but just and proper to ask a. small amount
to partly, at least. pay rent. 1 asked for
the insignificant sum of $50 per year, this
sum being so very small it was passed
without any action by our last Legislature
.The territory is now indebted 70 me for