Weekly journal-miner. [volume] (Prescott, Ariz.) 1908-1929, 1914-04-08

l'noclllN. -AriZ.. MdTCn ~. lplf.
Honorable ]. {. Callaghan. State
Auditor and Member. Board
Of Control. Phoenix. Arizona.
Dear Sir:
For this department ! have
the honor To acknowledge re
ccipt OF your communication of
yesterday respecting your All
thoriiy to repair to the State In
dustrial School at Fort Grant
and conduct a preliminary eX-
animation. preparatory TO hold
ing a public investigation OF that
institution in accordance with
the resolution Of the Board OF
Control of March 9th. 1914
BY your communication you
inform this department that I'M
der the authority OF said resolu-
ton OF the Board of Control.
you on the 9Th inst. repaired to
the State Industrial School at
Fort Grant for the purpose Of
making preliminary eXamina-
ton. preparatory to holding a
public investigation and that
while engaged in this prclimin-
airy examination the Supcrin-
tcndcrt OF the State Industrial
School appeared with an attorney
and stcn0graphcr annd insisted
upon being present, whcrcupon
you informed them that the time
for a public hearing had not ar
rived and that when it did they
would he afforded the oppor-
tunity Of being present. but that
in the meantime they should not
intrude upon the preliminary
examination of witnesses which
you were conducting. nOtwith-
standing your desire in this re
spcct they insisted upon remain
ing and you were forced to
postpone your preliminary eX-
animation.
You now desire to be inform
ed whether you. rs member OF
the Board OF Control, and pur-
suant to its resolution OF March
9th. are entitled to conduct
preliminary examination Of the
State Industrial School without
interference by the Superintcnd-
cnt thereof. and that ii you are
not you desire 4 member OF this
department to accompany you to
the State Industrial School at
Fort Grant and lend you such
assistance in the public investi-
CATION as is necessary to con-
summatc the desired purposes #
the resolution of the Board OF
Control of March 9th. 1914.
The copy of the resolution OF
the Board OF Control OF March
9th. 1914. in so lar as it refers
to the public investigation of
the State Industrial School at
Fort Grant. is as follows:
Mr.. Callaghan'S request for
investigation OF the Industrial
School. as set forth in his let
ter OF February %. was consid-
cred. and letter from him under
date OF March 8, was read, am
piiiying statements made in
first communication. Mr.. Whip
pie. Superintendent OF the In
dustrial School. requested 4 copy
OF specific charges. mentioning
time and place Mr.. Callaghan
stated that by the phrase. ''un-
reasonable theories" as used in
his letter of March 6. he meant
trusting too much to the honor
OF the inmates and giving them
too much freedom. Mr.. Gala
CHAN was then authorized by
the Board to make 4 public in
vestigation of the Industrial
School and report to the Board.
furnishing Mr.. Whipple copy of
the charges against him and
notifying him OF date of hear
ing; permitting him to have
lawyer present. who shall have
the privilege to introduce evil
dence and cross-eXamine any
witnesses. if he So desires. The
Investigation to include thor
ough check OF all the financial
transactions OF Mr.. Whipple
since taking charge OF the In
dustrial School. The expense of
the investigation to be paid out
OF the Industrial School Fund"
Your communication informs
me that when you repaired to
the State Industrial School upon
the 9TH inst, it was not for the
purpose OF conducting a public
investigation under the rcsolu-
ton of the Board of Control OF
March 9th. 1914. but it was
merely for the purpose of con-
Quoting 4 preliminary examina-
ton preparatory TO a prescnta-
ton OF charges by You against
the Superintendent OF that in
stitution. This being true. it is
the opinion OF this department
that you would be. both under
the authority OF the resolution
OF the Board OF Control OF
March 9th. 1914. above quoted.
and by virtue OF your authority
as 4 member OF the Board OF
Control. authorized to conduct 4
preliminary investigation of the
State Industrial School at Fort
Grant without molestation or in
reference by the Superintendent
Of that institution or any other
person. This authority on your
part seems to clearly result from
the purport of the resolution. it
self, and from your prerogatives
as a member of the Board OF
Control. However. after there
has been presentation OF
charges, as provided by said