New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-01-16
Auburn Warden Resigns and
Governor Will Not Appoint a
New Prison Superintendent.
T. M. OSBORNE BAFFLED
Executive Says William H. Fitz-
patrick Is "Eminently Quail
fed" for Upstate Public
Service Commission.
BY Telegraph TO The Tribune. ]

Albany, Jan. Ex-Governor sulzer and
Colonel Joseph +. Scott Superintendent
of Prisons, practically have settled their
differences. which grew out OF the Gov
crnor's demand that Colonel Scott dis
charge Warden Benham, of Auburn
prison. and appoint Charles F. Rattigan,
Of Auburn, friend of Thomas Mott Os-
borne. The peacemakers were Charles
Francis Murphy. of Tammany: William
n. Fitzpatrick, of Buffalo: Senator John
Murtaugh, Of Elmira, and one or two up
state men
Colonel Scott will not insist that the
Governor accept his resignation. but will
remain as Superintendent Of Prisons for
a time Benham already has placed his
resignation in Colonel SCOTS hands. and
il will be accepted. for Benham has made
arrangements TO take an Office with a
trust company in Auburn. The puzzle
now is whether or not Rattigan lands his
lob. The odds are that he will not.
Neither the Governor nor Colonel Scott
cerned will say word about the stu
alton. IL is still ticklish matter, though
Murphy and the other mediators think
they have removed most of the danger.
Murphy Sided with Scott.
The Scott side of the fight was the
Murphy side The Tammany leader made
It impossible for Thomas Mott Osborne.
his upstate antagonist. TO land the job
Colonel Scott now holds by the simple eX-
pedient of having Scott retained there.
Scott. to be sure. abandons his point that
Benham remain as warden OF Auburn
prison, but that is merely because Ben-
ham accepts another job.
Colonel Scott was sent for by the Gov
ernor this afternoon. They talked for
thirty minutes in the executive chamber
with about hundred spectators watching
them. but not within earshot The Sulzer
method of doing business has cultivated
softness and refinement of tones 10 sur
p.ising extent here. When this confer
ence broke up the Governor declined TO
discuss il.
Colonel Scott admitted that he had Ben
hams resignation and also that Of Fred
- Mills. the prison sales agent, whose ac-
uvities he asked the Sulzer .probers yes
terday 10 investigate lie declined TO say
whether he had acted on either Of them.
Governor Suffers manner made it plain
that he considered the incident closed. 1t
is equally evident that Colonel Scott does
not think SO. and those who know him
hest believe he VIII continue 10 oppose
Rattigan.
The Developments of to-day extricate
the Governor from critical situation
for he might have brought about breach
with Murphy that would have compelled
him to try to make good his assertion
that he is the state boss. The nub Of this
controversy, Of course, has not been a
mere warden's job rather IT was the fact
that the place was desired by an anti
Murphy man and the Governor had used
his influence TO help an anti-Murphy mar
into it,
From the Murphy point Of view it was
very thoughtless of the Governor 10 put
himself into such position, and still
worse to let it become public.
Now Benham's resignation in sense
releases Colonel Scott from the necessity
Of defending his friend, and the Murphy
men here are saying confdentally that the
Governor surely will not try again &c
force Colonel Scott 10 appoint somebody
he does not approve Of TO any kind OF
fob in his department. In fact Murphy
and his political allies figure theS have
rescued the Governor and ColonN Scot
and. incidentally. the whole polireil or
canization from a menacing situation.
Murphy Sees Leaders.
Murphy spent most Of the day here II
his rooms at a hotel in consultation witt
Fitzpatrick. Of Buffalo, his first heuten
ant In the state organization; Kelly, OF
syracuse. and other politicians and legls