New-York tribune., 1913-07-25
RILEY APPOINTMENT
UPHELD BY CARMODY
Prison Superintendent "May
Hold Office Till Successor
Is Qualified"
DECISION RELEASES FUNDS
Salaries of All Employees Under
Riley Paid-125 Prisoners
To Be Taken from Sing
Sing to Auburn To- day.
IBy Telegraph TO The Tribune. ]


Albany. July A-Attorney General Car
mody gave out an opinion this afternoon
holding that John B. Riley, the state
Superintendent Of Prisons, is entitled to
continue in office until his successor
shall be chosen and qualified"
In the efforts of Tammany Hall TO
hamper Governor Suffers administra-
! ton acting Controller Walsh held up the
payroll of the prison department on the
ground that Riley's term expired twenty
days after the beginning of the present
extra session. This affected not only the
salary OF the superintendent, but Of go
prison department and state prison en-
ployes who were paid off to-day as
result OF the Attorney Generals opinion
| Walsh's action also held up the money
necessary for the transfer Of 125 prison
ers from Sing Sing TO Auburn prison last
week, and to this superintendent Riley
attributes the fires and mutiny In sing
| Sing prison.
Superintendent Riley is a recess ap-
| pointee, being named after the regular
session, succeeding Herman Ridder'
whose nomination was confirmed by the
Senate, but who failed TO qualify. TWen-
~ days after the beginning Of the extra
I session the State Controller held up the
payroll Of the prison department on the
ground that Riley's term had expired, and
| asked the Attorney General for an
opinion In his reply to-day Mr.. Carmody
states that while 1t is true that the
prison superintendent's term has expired.
| he can continue 10 serve until his sue
cessor is chosen and qualities, according
to a provision Of the public officers law.
After the opinion Of the Attorney Cen
eral was made known acting Controller
Walsh gave out a statement. in which
he said that under Controller Sohmer 1t
has always been the policy of the office
10 examine and consider with the utmost
care every claim against the state, and
! that If questioned no payment was made
until the validity was established by the
Attorney General
This plain performance Of duty by
| conscientious Controller" Walsh said,
has not attracted any public attention
until recently. when political complica-
tions have caused the acts Of the Con-
|
licity. Instead Of being annoyed by the
publicity given TO the work of the Con-
trolnr he and his associates are pleased
that the public is now permitted to know
how carefully all claims against the state
are being scrutinized by the Controllers
department"
Speaking OF the trouble at Sing Sing
to-day, Superintendent Riley said that
he had been advised over the telephone
bv some of the keepers that the militia
should be called out. The keepers told
him that the prisoners were in the prison
yards, and had refused to return TO their
cells when ordered
II told them" said the superintendent,
that / considered one hundred keepers
with guns sufficient to cope with the stu
alton. The prisoners may remain In the
Yards for a while, but as soon as they
get hungry they will be glad to get back
TO their cells The 125 men ordered 10
Auburn will be taken to that prison to-
morrow, and believe that their depart
ure will end the trouble"
Warden Clancy telephoned the superin-
tendent that one OF the causes Of dis
satisfaction among the prisoners was
that the cook and assistant cook had
left the prison as result of the action
by the grand jury. and that IT was i'm
possible to secure experienced employees
| to prepare the food for the fourteen hun
dred prisoners. Superintendent Riley said
that 1t is the intention 10 rebuild the
burned structures at the prison immedi-
ofa1V