The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1901-11-08
Latter Resigned When He Was
Informed by Attorney General
Taylor that He Was Ineligible.
GOVERNOR DURBIN TALKS
HE HAS IMPLICIT CONFIDENCE IN
MIR. CULBERT,S HONESTY.
He Retired Because of Technical In
eIigibiIity-His Successor N
Newspaper Man.

Charles II. Bundy, part owner of the
Chronicle and News at Marion, Ind, was
yesterday appointed by Governor Durbin
to a position on the board of control of
the Indiana State Prison. vice Uriah Cul-
bert. recently resigned. Mr.. Bundy's Sc
lection had already been announced in the
Journal.
Mr.. Culbert's resignation was due TO a
technical matter that made him ineligible
10 a place on the board. TIL technicality
consisted in his ownership of 5000 of pre-
ferred stock in a company that holds a
contract with the prison board. Mr.. Cul-
bert referred the entire matter to Attor-
ney General Taylor with a request that
Mr.. Taylor render an opinion as TO his (Cul-
bert's) eligibility or ineligibility to a place
on the prison board. On Oct. "a Mr.. Tay-
lor sent to Mr.. Culbert a formal opinion,
as follows:
Dear Sir-I have received your letter OF
the 22d inst. in which you ask an opinion
respecting your eligibility to hold the OF
fee as a member Of the board OF control
Of the State Prison at Michigan city.
1T seems that at the time or your ap
pointment, and for some time thereafter,
you owned preferred stock in the j. >.
Ford-Johnson Company; that this stock
had a voting power the same as common
stock. 1t further appears that the j. 5.
Ford-Johnson Company has, and at the
time OF your appointment had, a contract
with the State at the States Prison, made
by your predecessors.
THAT being the case technically it brings
you within the provisions of Section 2 of
the act of March s, 1897 (acts of 1897, p.
PAD. Under the provisions OF this act
and the facts stated by you In your re-
quest for an opinion, l am OF the opinion
that YOU were Ineligible to appointment on
the board of control of the States PrlsoE
at Michigan City.
Permit me to say that your ineligibility
arises wholly from technical construction
of the statute, and not from the slightest
intentional wrong committed by you as a
member of srck board"
THE GOVERNORS STATEMENT.
Speaking of Mr.. Culbert's retirement from
the board Governor Durbin said yesterday:
There has never been any reflection of
any kind upon the honesty or integrity of
Mr.. Culbert or upon his manner of dis
charging the official duties imposed upon
him excepting a complaint that he was
going about the prison for the purpose of
informing himself thoroughly as to its con-
dition and needs. He was a new man on
the board and very naturally wished 10
thoroughly understand the institution in
the control of which he was TO nave a
hand. In so doing he was carrying out my
ideas that the members of the board
should familiarize themselves with the con-
ditions in the institution In order that they
might become more helpful to its manage
ment. That is the only complaint l have
ever heard made of Mr.. Culbert.'
L want it distinctly understood con-
tinued Governor Durbin, that l have the
most implicit confidence in Mr.. gilbert. and
that the occasion of his resignation is 4
technical one purely. his predecessor on
the board, l understand, was technically in
eligible for an exactly similar reason to
that alleged in Mr.. Culbert's case. Mr..
Culbert felt that he could not. however,
retain a position on the board If such action
would reflect even in the slightest degree
upon the appOintive power
Speaking of the new appointee, the Gov
ernor said: Il have known Mr.. Bundy for
years as a capable business man, and /
am sure that he will take a deep interest
i'm the welfare of the prison and will do
his part toward conducting 1t along lines
of a high grade and efficient Management
at all times"
II was understood at the Statehouse that
the reason for the delay in giving out the
fact of Mr.. Culbert's resignation was that
Governor Durbin desired ample time IN
which 10 select a successor and complete
other necessary details preliminary 10 the
change being effected.