The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1899-04-27
LET THE RADICALS RUN THE
PENITENTIARY.

Raleigh in January was confronted with
n condition of bankruptcy and ruin at
the penitentiary which demanded atten-
| ton.
| Two years ago the penitentiary, under
| the prudent management of Mr.. LeaZar,
was on a self-supporting basis, and was
well supplied with horses, mules, plows
and other things necessary to carry on
the operations of the penitentiary. With
! in two years debt variously estimated
ut between $4,000 and $150,000 had
been piled up, the property deprecated
at least another fifty thousand dollars
the convicts were in rags, and general di-
lapidation pervaded every branch of the
| institution. When these facts became
known to the legislators, they felt it
was their duty to enact such legislation
as would prevent the stealagc or waste,
and to put an end to the one-man
power by committing the management
of the penitentiary to Il board of capa
| BILE men who would make Il radical
|
change in the policy of the institution.
They refused to appropriate single dol
lar until legislation looking to that re-
suit had been adopted after caucus ac-
| ton. Even when appealed to by
| Captain Day who said his hearts desire
| was to kick out incompetent Radicals
and appoint Democrats, the Legislature
refused to give penny to any manage
ment selected by Russell because they
knew it would not be efficient
| Since the adjournment of the Legisla
| ture the Supreme court III the Day
case has decided that the Legislature
had no right to control the penitentiary
and galvanized the repealed act of 1897
into life. The decision takes away from
| the directors of the penitentiary all
the power vested in them by the act
| of 1899. leaving the directors with no
power except the right to draw four
dollars per day when they are in SEES
sion
There is IL report that the old Rus
sell board, following the tactics of the
Russell Board of Agriculture will re-
fuse to recognize the new directors cleo
ted by the Legislature. If SO, no Demo
Gratis will be heard to cry. The prevail
ing sentiment is that, the Supreme
Court having taken all power from
the directors and re-invested it in the
superintendent. it will be the wisest
course for the Democratic directors
serve. Some of them have hesitated
about pursuing that course. feeling that
il they could prevent waste and eXtraya-
gance they ought to remain on the
board even at personal sacrifice. If the
Day gang should refuse to recognize
them, the doubt would he solved.
! No man elected as director of an in
stitution ought to resign or decline to
serve because of political considerations.
! We believe the wise course for the
penitentiary directors to pursue would he
to decline to serve, not because Day
was given the position, but because the
Supreme court decision took away every
position of director without power. I'm
examination of the law and the decision
will show that the directors have no
lpower except to appoint clerk to the
board and to investigate the conduct
of persons employed, and even in Chat
grant of power the directors cannot re-
move. but must make their report to the
Governor who alone is empowered to
remove. The superintendent sells all
products, buys all supplies, and receives
and pays out all moneys and the board
of directors sit by and have no power
whatever to stop extravaganza or inju-
dicious purchases or sales. The power
body The Legislature of 1897 gave that
power to the superintendent and the
Supreme court re-enacted that one-man
power. leaving the directors shorn of all
power. Ihey cannot Improve conditions,
lthey cannot enforce economy, they can
do nothing that is not approved by the
superintendent 1t is true that his APP
Ipointments are to be made with the
consent or approval of the board of
directors but that provision in its prac-
teal operations will not check any super
intendent. He can name anybody he
tpcases; if the board declines to CON
firm, he can wait till it adjourns, and
then put the appontee on the pay roll,
land the directors are powerless to pre-
vent it.
If the directors could control the
sales, the expenditures, the purchases
If by staying they could prevent extrav-
agance and bad management, they ought
to stay. AS they have no power to man
age, where is the service they can rem
der of good to the State? The Legisla-
ture elected the directors to CONTROL
and MANAGE the penitentiary The