Arizona republican. [volume] (Phoenix, Ariz.) 1890-1930, 1893-08-22
PRISON RULES.
Printed Penitentiary
Regulations.
An Attempt to Shear the
Superintendent
And Invest Him Instead With
Moral Authority.
The Difficulties Which Confront
and Hinder Both These Well
Meant Efforts.

The "Rules and Regulations for the
Government and Discipline OF the
Arizona Territorial Prison at Yuma"
recently adopted by the board of com.
missioners have just appeared in PAM
phlet form. Ths rules are multitu-
dinous, and look to the reforms, OF
which mention has been made by THE
REPUBLICAN, but many of them are APP
parently useless, and one at least If it
were not void alb initio, would be worse
than useless, in much as it appears to
be calculated to permit a conflict be-
tween the superintendent and his sub
ordinated, which could be adjusted on
ly by the commissioners II it were pos.
sible to enforce it, more damage would
result to the institution in the loss OF
discipline than all the reforms the new
regulations are calculated to institute.
The Objectionable regulation is rule
25 under Duties of superintendent: :"
The superintendent shall not discharge any
guard EN- Ployed. II any quad be guilty OF
an infrsction of any rule or rules he shall be
suspended until the board OF priAon commits
sioners shall meet in regular session.. at which
meeting such charges shall be INVESTIGATED and
II proven to be guilty, such guard shall not be
reinstated, but II not guilty he shall be rein:
| stated and the commissioners or majority OF
them shall be the judges OF the guilt OF limo
cence Of the accused.
This rule is in direct contradiction to
Sec. 2427 Of the statutes, governing ter
ritorial prisons:
The superintendent and secretary may be re.
moved by the board OF commissioners at any
| time for misconduct, incOmpetency or neglect
Of duty, and all other officers and employees
may be removed at any time ut the pleasure OF
| the superintendent.
! The first clause of this section con-
ferring upon the board the power to re-
move the superintendent has been set
aside by the supreme court upon the
ground that that official being, like the
mem bers of the board, a creation Of the
governor, must derive his tenure OF Of
flee from him. This decision nullify-
Ing the fret clause OF the section does
not. however, impair the second clause,
which establishes the superintendent's
complete authority over his subordi-
mates.
Another rule adopted by the board
indicates that that body had it in for"
the superintendent. Rule 81, Duties
OF superintendent"
He shall inspect the moral conduct of the
| prisoners and by all means in his power en-
deayor TO raise the standard thereof.
One may fancy Tom Gates after he
has finished his regular days work,
rolling up his sleeves and going into
this garden of turpitude to pull up the
weeds of sin, cast them over the stock
ade root and branch and SOW in their
places plants OF virtue and morality.
To the board this may seem to be
pleasant and much needed recreation for
Mr.. Gates, but it is in fact task some
what similar in point OF difficulty to
self-elevation by means of the boot
| straps.
There ls popularity supposed to be an
entire absence OF moral conduct among
the inmates of Yuma, quantity re-
presented by Mill so that 1t would
seem that Mr.. Gates attempt at null
duplication OF moral conduct among the
prisoners would produce result equal
to the product OF multiplied by any
definite number however small or great.
II the prisoners complete their terms
Of service with the came degree Of
morality or want of it with which they
start in, tinged by an acquired repug-
nance to undergoing another incarcera-
ton at Yuma, Mr.. Gates will have done
his duty, the moral longing of the
board should be satisfied and Arizona
will have been gamer.
Beside if it were possible for the
superintendent to raise the moral con-
duct OF the prisoners to an abnormally
high degree, he would make his own
position and that of the commissioners
as well. decidedly unpleasant in that
they would be gnawed by regret that
men OF 80 high moral character should
be restrained OF their liberty.
1t must be considered that it was
thoughtless in the board to impose
upon Mr.. Gates the performance of an
impossibility, and which performance
if it were not an impossibility, would
make him aparty to the creation Of
an unsatisfactory situation for himself.