The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1896-03-25

Following is the full text of Governor
Wells veto of the penitentiary bill, sent
to the house of representatives yesterday:
Executive Office, Salt Lake City, Utah,
March "a. 1896.
To the House of Representatives:
L herewith respectfully return house
bill No. 119, an act to provide for the gov
eminent and discipline of the state
prison and to repeal all acts inconsistent
| herewith, without my approval.
In section it is provided that the bond
of the warden and in section 13 the bond
| of the clerk of the prison shall be given
| to the people of the state. To secure
uniformity with present legislation, 1
suggest that these bonds be made to run
| to the state.
| In section % it is provided that the
| board shall make report to the governor
and legislature. showing the condition of
the prison up to the Goth day of June of
/ the preceding year. I suggest that the
report be made up to the 31st day of
Section q provides that whoever has
heretofore been convicted twice of a
felony for terms of not LEGS than three
years upon each conviction shall be DEEM
ed to be an habitual criminal and shall be
punished by imprisonment in the state
prison for not less than fifteen years 1t
seems to me this provision might be con-
strued to abridge the sentence of life i'm
prlSCnment or the sentence of capital
punishment and | suggest an amendment
making exceptions thereto i'm these
cases.
The same section provides that the
board may permit an habitual criminal
VINO may have reformed, to be at liberty
during the remainder of his term of
sentence upon such conditions as the
poard may deem best and in section rs
reference is made to such release as be-
ing either conditional or absolute, there
by implying that the prison board might
release prisoner absolutely. Such action
70 1f,.,ra
tlon, which vests the pardoning power in
a board of pardons.
In section 2S the clerk of the prison is
referred TO as the secretary of the board
III an extremely important connection
Section 81 gives the governor the right
10 issue TO conv1cts certificates of restor-
ation to right of citizenship. 1t appears
10 me TINS also is an infringement of the
prerogative of the board of pardons as
prescribed in the constitution
Section. "a provides that Is per cent. of
ihe earnings of unmarried convicts shall
De placed to their credit, to be paid to
them at their release, and that 20 ner
cent OF the earnings of married prison
ers may be paid to their dependent fam
Ines; 1t is not stated whether this is to
De De a percentage OF the net or gross
earning OF the prisoner, neither is any
method appointed by which the earnings
of prisoner can be determined while
working on the farm or engaged in the
labor incident to the conduct of the
the prisoners may be claimed as a right.
these indefinite provisions might cause
annoyance, difficulty, and possibly suit
to the warden, as it is provided else
where in the bill that the warden NAV be
sued.
While from charitable standpoint this
legislation may seem commentaries vet
in view of the great expense the state
is put to in convicting criminals and the
present depressed condition of the fin
\ ances of the state, have grave doubts
as to the advisabilty of attempting to
devote any portion of the earnings of
convictS elsewhere than to the mainten-
ance of the prison itself, at least, until
such time as it may be determined that
the prison is Self-Supporting.
1t is provided in section A. that sums
drawn at any one time for the support
of the prison shall not exceed $1,000 and
that no further sum shall be drawn un.
til satisfactory vouchers are presented
to and allowed by the state auditor for
the amount previously drawn. Under this
provision, even al the present time pay
ment for maintenance of the prison for
one month could not be included in a
single warrant as the cost of mainten-
ance per month is now something like |
$3.50. | suggest that this section be
amended so that the amount to be drawn
shall not exceed one quarters allowance |
or say $500.
Section 40 provides that the expenses
for transmitting prisoners to the state
prison shall be paid from the state treas
upon presentation to the auditor of the !
claim of the sheriff. In my opinion this
conflicts with the constitutional provis- |
ion and previous legislation with regard |
to the examination OF claims by the |
board of examiners.
Section 81 provides that school shall |
be maintained in the prison for the in |
struction of convicts confined therein. |
Inasmuch as there are extremely liberal |
provisions for the education of the mas |
ses in the public schools of the state
and that we have reform school where |
incorrigible and criminal children are /
educated at the expense of the state. ii |
seems to me that the maintenance Of !
another school at the penitentiary would |
be an expense which the taxpayers would |
resent. The provision anyway under this |
act is inpracticable from the fact that /
il is provided elsewhere in the bill that |
the convicts excepting those in solitary
confinement for infraction of the rules,
must be- REQUIRED to work at least eight
hours a day.
Section 60 provides that the warden may
offer reward for the apprehension of es-
capped convicts to the amount of $50,
upon his own responsibility, and to the
amount of $780, with the consent of the
board In the act heretofore passed de-
filming the duties of the governor, author
ity is given the executive to offer re-
wards for the apprehension of escaped
conyicts also. This authority should be
given either to the executive or the
prison management, but not to both.
The discretion given to the warden and
the board in section 81, as to the amount
from twenty to thirty-five dollars would
afford opportunity for complaint and dis
satisfaction, and in my opinion, 1t would
be much better to establish and fix a
definite amount.
If the bill is amended in these par
ticuars, | shall have pleasure in APP
proving the same.
Very respectfully.