The Coeur d'Alene press. (Coeur d'Alene, Idaho) 1892-1907, 1904-11-26
DEFurY wAnDEs DlsonAnonD.
Psni'sntiary scandal arowing warmer
with Developments.

warden Perrin, OF the Idaho peni-
Tertiary. has sumnariIy dismissed
Deputy Warden r. G. Blngham and
Guard J. Mcclellan Smith. Bingham
was appointed from Oneida county. /.
Deputy Warden Blngham's con
duct, says the warden, has not been
such ~ should characterize the
actions Of q subordinate toward bis
superior. Mr. Perrin declined to
make any further statements regard
ing either the bingham or the Smith
case.
The Kelly case was productive oi
no new Developments, excepting that
Attorney General Bagley 10 reported
to be- huFrylng home instead Of re-.
snming his journey 10 st. Louis.
The warden's refusal 70 rolnstate
Kelly Is apparently the reason for bis
hasty return. Kelly is the chief
clerk whO was dismissed by the
warden for defFAnding prisoners Of
money due them. The state board
demanded bis reinstatement. Il ls
possible, however, that Secretary az
State Gioson viii not Join hm 10 amp
further action until Governor Nor
riaon returns. While Mr.. Gibson
feels that he was clsarly within the
bounds of propFiety In setting on the
esss o. the BnboEdlnats in the abssnes
Of the governor, u i understood that
be does not caro- to take up the more
serious matter % the removal d the
warden. until there ahall DO q full
beard meeting.
A question has be~n Fslsed In re.
gard 20 the legality os the boards
action In ordering the reinstatement
Of q. b. Kelly. IL IN claimed by
legal authorities that no business
could b. done u = regular quarterly
nesting o. thu board or a special
session. The chairman a. the board,
u Il asserted, alone has tbs powar to
call special nesting u the board
aud Governor Morrison. who IL chair
Haan ~ the prison commissioners, ald
uot make such a call.
Furthermore. II - asserted THAI The
Lac provides tor no snch position ~
tia, % chief clerk Al the penitsniiAry.
Moreover, the appointment aud no.
movai % all attaches 81 the state
prison Il piaead By Lac In The hands
oi the warden.
Ia other words, the prison board
forced Kelly upon the wArdcn
although the latter ia responsible
under his bond for all cash which
might pass through Kelly's hands.
Il Il understood that Kelly vas an
arpolnlee Of Attorney General RaRley
aud vas made chief clerk Of the penl.
Tertiary although the Law specifies
that the deputy warden shall be chief
clerk Of the institution.
REMOVAL WAS ORDERED.
Boise. Idaho, Nov. sa.-Attorney
General BaRley and Secretary Of state
as = majority of The board 81
prison commissioner, made an order
diamisstng c. S. Perrine ~ warden
aud naming David W. Aekicy 10 sue.
ceed him.
porFine refused 60 honor the order.
and after long argument IL was
agreed to leave the problem TO the /
supreme court. The board will apply /
for a writ II mandate 20 compel
Perrine TO deliver possession.
Whom Ackley insisted on taking /
Perrine drew a revolver
and ordered him of the premises.
rhis gave rise 10 a Wild report that
here bad been q fsht. aud caused
10 town.
The orders were made and Ackley /
vent 10 the prison armed With an
order directing perrinc TO turn the
ssya over TO him. perrino told him
10 could not honor the order, ~ the
,oard meeting was not legal. Ackley
insisted be was warden, and would AZ
'n0e take possession. Thereupon the
Fardeu's gun made its appearance
md the new official was directed 10
lbseut himeelf from the place with. /
,ut delay. Ackley came TO town
md reported.
Bagley and Gibson, accompanied
~ Sheriff Agnow, went back with
Aokley, and Bagley commanded Per.
Inc 10 deliver possession. but perrine
'eiterated his refusal. BaRley called
n Ave guards and informed them
bat Ackley was warden and they
hould recognize bis authority, but
Perrine stood pat.
Along discussion Of questions at
ssue resulted In an agreement that
matters should remain In statu quo
Until the supreme court could act,
md the sheriff went back, at tho re.
Iuest Of the board and with the