The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1899-02-14
CAP Mn BILL DAY
SIGNS
CARTE BLANCHE
Cuts the Knot of State Prison
angle.
COM MIIIEE TO SAY WHAT
AND. HE WILL FOLLOW THEIR
ADVICE.
PaQBABLy BE ADVISED NOT TO CONTEST
Made Warm Speech Before The Judiciary
Clmmi,'ee About the Bill 10 Cut Off
The Prison Supplies.

-" way was opened TO put the new
80 ~ control of State prison without
the aid of the courts, yesterday after
noon.
Capt. w. ii. Day appeared before the
Senate judiciary Committee and stated
his position in the controversy.
Il will sign my name at the bottom
of sheet Of paper" said Captain Day,
land Senators Osborne Glenn. Skinner
james. Cooley. Justice and Fields can
write on it what they d-mn please and
will abide by it,
Cant. Day added that the committee
would pardon him for the use of vlgor
Gus language.
He further signified his willingness
to hand in his resignation to take effect
on March the first, if ieSired That
date would give an opportunity to square
M the accounts for this month.
Explaining his connection with Gov
ernor Russell Captain Day said that
they had been lifelong friends. That
since Russell had been Governor of the
State it had been AZ his instance that
Russell had appointed Democrats TO of
fee 1t was due to suggestion OF his
that r. s. Register, a Democrat, had
been appointed Acknowledgement instead
of j. G. Logan Harris, n Republican.
Captain Day further declared that he
had been second to none in his advocacy
of White Supremacy. not only during
the last campaign but all his life.
Governor Russell had appointed him
superintendent of the penitentiary with
ont his knowledge and he had at first
refused to accept. He had advised
with his friends in the Democratic party
and had accepted the place with their
sanction. He had asked Governor Rus
sell to appoint some other Democrat
and had suggested the namts of four or
five hut in each instance the Governor
had said that the men he mentioned
would not take the place if offered them
He did not wish TO cause strife or di
vision in the party and rather than be
the occasion of it he would turn the
place over to the new directors reserving
TO himself nothing but the privilege of
testing his rights. under the law. in the
courts.
Having thus disposed CT the matter of
the superintendency Capt. Day turned
his attention to the promoters of the bill
which rassed the Senate. on Saturday.
and which provided that no money Should
be paid out of the treasury for the bene-
fit of the State prison except by order
of the new board of directors and
no produce sold except with their sane
ton. He said it was strange that he
who had been a Democrat all his life
eho,ria he kicted about in his old age by
men who a few years ago did not vote
the nnr,ocratie ticket. Capt. Day
was by no means in good humor and
did not pretend to be.
b ne gentlemen TO whom he entrusted
the decision of his course have not yet
met to consider the matter and did not
care TO discuss it before hand. That
they will advice Capt. Day TO withdraw
from the position he took when the new
board met, is practically certain. Mat
tors have reached the pass that it is well
understood that any other course would
lead to the enactment of legislation that
would embarrass State prison officials
and that would make the superintendent
cv Of the nenitentiary. irksome enough
at best, position of still less pleasing
tenure.
The change in the situation, should
the committee advise Capt Day 10
Withdraw opposition to the new board
~ this time will he that the board will
take immediate control of the affairs Of
tIfs F9@Un. capt. lay merely reserves
the right to bring suit in the courts to
test the validity of the law which abol
iei,e7 h's offre and will. if the courts
hold with him, be reinstated Had he
refused TO yield the new board could not
have taken full control until the courts
had passed upon the constitutionality OF
tho law
There is in the matter the further fact
that but for the expressed willingness o.
Capt. Day shortly after the assembly
met to retire from the head of the State
prison if his incumbency failed to meet
the anproval of the Democratic majority
a different course would have been tax
en- from that which the Legislature act
ually followed in reorganizing the State
prison. The friends through whom the
assurance had ben given were placed
IN I rather awkward position by
the prospect of an appeal to the courts
1t was partially due to this that Captain
contest
After Capt. Day had made his state
ment before the committee the bill pass
ed on Saturday with regard to the sala
RES Of prison officials was acted on adj
yedsey by the committee.