The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1902-06-17
TAKE them HOME.
Kansas Doesn't Want OkIahO-
mas Prisoners.
Governor Stanley Serves Notice
on Governor Ferguson.
ON THE CONTRACT PLAN
Now Kept In Kansas Penitenti-
airy by Agreement.
Found That State Is Making No
Money by Deal.

It is more than probable that Okla
homa will be required to build penn
tentiary Of its own within a short time
instead Of hiring Kansas to keep her
convicts for her. Governor Stanley has
notified Governor Ferguson that Kansas
does not want to continue present ar
rangements.
Even though the TcrTsli habeas corpus
case. which is now pending in the kan
sas supreme court, should be decided
against Terriu and the writ of RELEASE
him from the Kansas penitentiary be
denied, the state of Kansas viii pEOb-
ably end the contract to keep Okla
hOma'S prisoners as soon as Oklahoma
can make arrangements to keep them
herself.
Ira N. Terrfl is an Oklahoma conviec
who is serving a long term in the kan
sas penItentiary under the contract
which Oklahoma made with Kansas 10
keep Oklahoma s cOnvicts He has al
ready been in the penitentiary several
years, and made an application for a
writ OF habeas corpus once before but
1t was refused. He is a lawyer and he
believes Kansas officials have no au-
thority to hold a man convicted of n
crime in Oklahoma, and he now has
pending in the Kansas supreme court
application for a writ Of habeas corpus
on this ground
The case will be submitted to the SUI
preme court at its in banc session thS
first week in July, but a decision prob
ably win not be handed down until Oc-
tober. If Terrill is successful it means
that the officials Of the Kansas peniten-
tlary viii no longer have authority TO
hold OklahOma'Si conVicts at Lansing.
and there are upwards of 300 Oklahoma
conv1cts there. It is not likely that the
court viii order the immediate discharge
OF all such cOnvicts, for it would be al
most crime against humanity to turn
loose 300 convicts upon a community a Z
no ae1 1rs,s-
but the other prisoners might have to
go through the supreme court to secure
their release, and it would take sufficient
time 10 allow Oklahoma to get ready
to care for her prisoners herself and re-
move them within the border of the
territory.
But the Terrfll case has brought to
the notice of Governor Stanley the fact
that there is now no adequate contract
/ between Kansas and Oklahoma for car
ing for the territory's prisoners and
! that Kansas IS making nothing out OF
/ the bargain.
When the case came up a demand
was made to see the contract between
| Oklahoma. and Kansas. Warden Jewett
had simply been keeping the prisoners
! that had been turned over to him, as
previous wardens had done and had
collected for their keeping as others had
done before him, without looking up
| the details of the contract for himself.
/ He found it buried away in the peniteu-
! tiary's archives. It was of ancient date
I anu was uudQ6 Simply as an en- efEenGy
when Oklahoma was first settled to
avoid the necessity of the new territory
building a penitentiary at once The
| system seemed to work and succeeding
| administrations in both Oklahoma and
! Kansas allowed it to run along undis-
| turbed.
When Warden Jewett discovered the
condition of affairs he Immediately
called the attention of Governor Stan
| ley to the contract. Governor Stanley
decided that it was doubtful if the con-
4 tract is legal at present. He secured
i figures showing the average cost of
| keeping prisoners in the Kansas peni-
! tertiary, and it proved that Kansas is
/ getting nothing from Oklahoma for
keeping nearly 800 convicts other than
I the bare cost, and the state has several
! hundred thousand dollars invested in
| its penitentiary. Oklahoma gets a big
! benefit from existing arrangements. be-
! cause she escapes the responsibility OF
! caring for the prisoners, does not have
( to invest money in a penitentiary, and
/ gets her prisoners cared for at actual
cost.
| Governor Stanley accordingly wrote to
/ Governor Ferguson of Oklahoma today
/ informing him Of the state of affairs
and suggesting that new arrangement
/ be made, lnttmating that Kansas does
not want TO continue the contract He
| said, however, that Kansas will keep the
/ prisoners until Oklahoma can make ara
! rangements to care for them.
When 1 came into Office supposed
! this thing had been arranged for years -
said Governor Stanley today. 1T had
! been running along that way for a long
/ time and I supposed the contracts were
| legal and satisfactory in everF- way
| When Warden Jewett went to hunt up
/ the contract he had difficulty IA finding
| it. When he found it he Immediately
called my attention to it. It proved
/ that Kansas is not getting anything for
1 the use of the peRitentiary above the
/ actual cost of taking care OF Oklaho-
/ mas prisoners, and we have all the re-
1 sponsibility. Mr.. Jewett suggested that
/ we better end the contra ct at once but
/ that seemed to me to be hardly fai. to
/ Oklahoma, as It probab bly, is aeI pre-
| pared to take care Of the prisoners at
/ present. We could not turn them loose.
/ so I shall notify Governor Ferguson how
/ things stand. If the Oklahoma terri
torial assembly was in session immedi-
| ate action might be taken but doubt
| if anything can be done now until the
| assembly meets. I see no reason for
4 continuing this sort of an arFzng cement
/ now after Oklahoma has time Ia build "A
! penitentiary- The territory has row be
| come rich and tlickly settled and IS
abundantly able to care for its own
| convicts, so there is no reason why
Kansas should take care Of them FOR
her.
O'Gorman For Philippines.