The San Francisco call., 1899-03-26
Democrats Likely to Lose the Pat
rOnage Of Both Prisons.
The Governor Threatens to Remove Director If
Agurre Is Not Elected Warden "A Merry War
Of Officials at San Quentin.

his path as a spokesman will in all
probability be used upon their own
backs. It Is probable that the Demo-
Gratis will not only be whipped into
submission, but they will also find
themselves minus the little State pa
tronage they now enjoy. When they
used the State Board of Prison Direct
ors as a bludgeon with which to re-
taliate upon Gage and Burns for their
interference in waterfront affairs they
seized upon a dangerous weapon. From
whatever point of view one may look
at least one of the Democratic mem
bers of the Board of Prison Directors
holds his office without authority of
law and may be removed at the pleas
ure of the Governor. With a scratch of
the pen Gage may turn the Democratic
majority in the board into minority,
and may not only retain the patronage
of San Quentin Prison, but seize that
of Folsom as well. This unexpected
development of the plot of the Demo-
Gratis has created rxarked excitement in
political circles.
The Board of Prison Directors met
yesterday to discuss the affair, particu-
IarIy as Governor Gage has plainly in
timated that one of the Directors must
go if the Board of Directors does not
appoint NJ ]. Aguirre to succeed Hale
as Warden of San Quentin. The lash
is in Cages hand now, and he has no
particular hesitancy in using it. He is
determined to place his Los Angeles
favorite in a good position, and, as far
as the politicians can see, he will sue
ceed. Cages first and most powerful
weapon is a legal one. To reinforce
this he has the scandal and the quar-
rels of the present administration at
San Quentin.
The law requires that the Governor
shall appoint Prison Directors as va
cancies occur. Mark D. Ivory was ap-
pointed in 1892 by Governor Markham
to succeed Charles Sonntag on the
board about eighteen months before
there was an actual vacancy. When
Governor Budd took his seat he re-
ferred the matter to Attorney General
FITZGERALD for his decision. The Attor-
ney General furnished a written opinion
that the Governor could appoint a Di-
rector only at the end of his predeces-
sor's term, when an actual vacancy eX-
listed. On the strength of this opinion
Governor Budd disregarded Ivory S
appointment and appointed r. NJ
FITZGERALD of Oakland to the position.
1t was only a short time, however.
until the Governor reversed himself
and appointed Don Ray oc Gait in 1897
to succeed z. J. De Pue nearly a year
before the latter's term expired.
This action was directly contrary to
the opinion of Attorney General Fitz-
tho (xnVpTnnT
himself had formerly entertained. Now
it is contended that one of the ap-
pointments must be wrong. If the At
torney Generals opinion will stand the
test of law, Ray has no legal right to
hold the position; if it is not, then
Ivory is entitled to the seat Of Fitz-
gerald.
II is known that Gage has had this
card up his sleeve for some time, but
he did not intend to play it until he
was ready. The intention of the Demo
Gratis TO retaliate upon him, however.
has alarmed him and his corps of con-
fdentiaI advisers to the extent thaS
they intend to anticipate any proposed
scheme Of revenge. Accordingly it is
given out on good authority, the time
for electing a new Warden being on
April 8, that prior to that time the
question will be pushed to an issue. If
possible one of the Directors will be
ousted before the date in question and
a Republican placed in his position.
That Governor Gage is alarmed over
the turn in affairs there can be no
doubt, for the prison patronage has
been an object Of great concern to him.
Not only does he wish to control the
patronage, but he desires to see Warden
Hale reIegated to private life. Hale
and Gage are not on good terms and
have not been since the Warden paid
a. visit to Sacramento during the early
part of the legislative session. Hale
went up with cclOrs flying and came
back in an angry mood, which lasted
| for over a week.
| 1t seems that a year or two ago the
Board Of Prison Directors adopted an
order that none Of the guards at San
Quentin should be permitted to visit
any of the saloons of the village. Two
saloons have been conducted for a long
time within a hundred yards Of the
prison gates in direct defiance of the
| law, which provides that none shall be
allowed within two miles of a State
| institution. one OF theSe saloons, De-
longing to J. F. Robinson, a former
| guard, received the bulk Of the patron
age, and a large number of guards have
been accustomed to congregate in the
rear room of the grocery and drink
play games and have an all-round
good time" to their hearts content
About once year the Warden would
make a spasmodic attempt to restrain
the guards from patronizing the saloons
| in question, but in a short while WORD
would be passed around among the
prison attaches that "the goose hung
high and it was all right to go tc
Robinson's.
When the Warden went to Sacra-
mento some one had evidently given
Gage a Tip" The Warden was told
that these saloons were a disgrace tc
San Quentin Prison and that he was
not doing his duty in letting them sell
liquor to the guards. He was informed
that he could soon end the affair by
| forbidding the guards to enter saloon
There were some other things said evi-
IDENTIFY not to Hale's liking, for he re-
H.