The San Francisco call., 1895-12-15
HALE IS EX0NERATED,
State Prison Directors Dis
miss the Gardiner
Charges.
AULL IS AGAIN ELECTED.
Hale Ordered to Manufacture
Sugar Bags in the Prison
Mill.
AULL IS AGAIN ELECTED.
100000 GRAIN BAGS ON HAND.
A Determined Effort Being Made to
Stamp Out the Opium Traffic
in the Prison.


in the Prison.
The regular monthly meeting of the
State Board of Prison Directors was held
at San Quentin yesterday. President De
Pue and Directors Devlin, Neff, Hayes and
Fitzgerald were present and the session
was replete with important incident.
An opinion was received from the At
torney- General concerning the power of
the directors to manufacture and sell iute
sugar bags as follows:
To the State Board Of Prison Directors-GEN-
TLEMEN: In reply TO your request for con-
struction OF an act entitled "An act fixing the
price and conditions of sale at which iute goods
Shall be sold by the State" approved February
27, 1898, and to your questions % as to
whether or not your board has the authority
under said act to sell Jute bags manufactured
at the State prison to manufacturers of sugar
and (2) whether or not the limitations as to
number prescribed in said act for the sale of
grain bags" apply to the sale of bags manu-
factured for other purposes.
FirSt-I am of the opinion that ''jute goods
manufactured at the State prison can be sold
at the price prescribed by the act to any
"actual consumer who will make the affidavit
required by section 3 OF said act; and that
although the act gives precedence to the
farmers of the State over all other persons in
purchasing grain bags" 1t nevertheless con-
templates that CUTE goods can be sold to
other persons who are "actual consumers"
within the State, and it places no limit upon
the class OF consumers to whom sales may be
made.
Second-I am further of the opinion that the
limitations as TO number prescribed by the act
apply to the sale OF grain bags" only; but in
any event if your board should unanimously
determine to make a sale in excess of these
limitations the act confers upon you the
authority to do so, provided that sufficient
grain bags are retained to fill the orders on
hand and to supply the demand of the farmers.
Respectfully,
w. i. FITZGERALD, Attorne y-General
In accordance with the opinion Director
Devlin offered the following resolution,
which was unanimously adopted:
WHEREAS, The board has requested an
opinion from the Attorney-General as to its
power to sell jute bags to manufacturers of
sugar, pursuant to the act approved February
27, 1898, and has been advised by all opinion
of the Acknowledgement, dated December 2,
1895, that it has such power; and whereas,
sufficient grain bags are on hand to fill all
orders and demands of the farmers, they being
given precedence, and the interests of the
State require that the surplus be manufactured
into sugar bags or other profitable fabrics.
Resolped, BY the unanimous consent OF the
board that the Warden be authorized and
directed to manufacture and sell sugar bags on
receiving the affidavit and on the conditions
prescribed by the act approved February 27,
1898, at prices to be fixed from time to time
by the board
1--WE can manufacture 25OO of the sugar
bags day." said Director Devlin. land
they will bring about 5 cents apiece, thus
adding materially to the income of the
prison and rendering it more nearly self
Sustaining. And that, you know, is the
end at which we aim. We have now
100000 grain bags on hand-more than
enough to supply any demands for them
which may be made on us by the farmers
of this State"
The matter of certain charges against
Warden Hale which were published by
the Chronicle was disposed of by report
signed by the entire board, which reflected
severely on that paper for refusing to fur
nish the names of persons who claimed to
know of the alleged facts. The report read
as follows:
WHEREAS, Some time ago certain statements
appeared in the public press, in which it was
alleged that prisoner George Gardiner was per-
mitted by the Warden to visit San Francisco
while prisoner at San Quentin, on or about
the 4th day OF September, 1898, and the
board, at the request of the Warden, having
fully Investigated the said charges and state
ments and having heard the testimony under
oath of Mrs, Gardiner. Mr.. Fisher, Mr.. Gar
diner Warden Hale, Mr.. Tharp, Mr.. Edgar,
Mr.. Birlem, Mr.. Alden and other officers of the
prison, and having fully considered all the in
formation which was possible to obtain, unan-
imously report as follows:
That in the opinion of the board it would be
impossible for Mr.. Gardiner to be absent from
the prison without the knowledge and consent
of several officers; and further, that the books
of the commissary department, which were at
the date on which it was alleged he was in
San francisco, kept by him, conclusively
prove Mr. Gardiner was not absent at that
time from the prison.
We further find, so far as the testimony
before the board is concerned, and all informa-
tion which has been possible to obtain, that
the Warden never has at any time allowed
Gardiner to depart from the prison. And
while the board believes that Mrs Gardiner
was earnest and conscientious in her state
ment they were forced to conclude that she is
entirely mistaken as to the identity of the
1t is to be regretted that parties who claim
that other evidence could be produced would
not aid the board by giving the names of wit
nesses OF any information which could assist
the board in finding out who these witnesses
are.
1t is further ordered that Warden Hale be-
and he is hereby exonerated from any and all
of said charges, and the said charges are
hereby dismissed.
Charles Aull was nominated by Director
Fitzgerald to succeed himself as Warden
of Folsom prison. No one was named
against him and he was unanimously
elected. Clerk Joseph V. Ellis was also
unanimously reelected, to. his position.
This is his fourth term, and he has already
served twelve years.
Warden Hale announced appointments
and they were confirmed and the appoin-
tees bonds approved by the board, as fol-
lows: Prison physician, DR.. W. Nj. Law
Ter, San Francisco; superintendent of the
jutemill, John Rutherford, Oakland;
chief spinner, John Dickey, Oakland as
sistant spinner, Richard P. Brown, Oak
land matron, Mrs. B. Van Doren, Peta-
luna; guards John d. Jones and John E.
Savage.
The Warden reported that three prison.
ers had been sent to the Insane Asylum at
Ukiah and that one of them, e. T. Cum
ningham, had escaped en- route on Friday
morning. Before the board adjourned,
however, word was received of Cunning
hams recapture near Santa Rosa.
The Warden also reported that rooms
had been prepared in the administration
building for the use of q female prisoner,
Mrs. Mary E. Martin of Oakland, during
the period required for a asurgicaloperation
for the relief of abdominal tumor Mrs.
Martin refuses. however, to submit to the
operation within the prison walls and
claims she should be released that it may
be performed elsewhere. DR.. Lawler stated
that it could be performed at the prison as
successfully rs elsewhere, and the board
4horo,ron daol;pod. 70 Az.