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


ough check of all the financial
transactions OF Mr.. Whipplc
since taking chagc ,pf the Indus
the investigation to be paid ont
OF the Industrial School Fund.
Hampered In His Work.
Having decided to give the In
dustrial School my first attention, |
therefore departed on the evening
OF March 9th, for Fort Grant. &C
companied by Mr. T. w. Powers. a
sten0graphcr. for the purpose Of Sc
curing the testimony OF witnesses,
for use in the future public investi-
CATION. Before leaving, however, not
that it was incumbent upon me. but
simply out OF courtesy to Mr.. Whip
pie. | wrote him that | intended
leaving for Fort Grant that evening,
and at five o'clock. in handing the
notice to the Clerk at the Hotel
Adams. where the Superintendent
was a guest. requested that, II
possible. the notice be delivered
prior to seven o'clock.
proceeded to Fort Grant on the
100 train that evening and on the
afternoon OF the following day the
Superintendent. accompanied by his
attorney. Mr.. Wiley Jones. appeared.
where they insisted on obtruding
upon the privacy OF my interviews.
Appeals to Attorney General.
Under these circumstances, was
forced to discontinue my cXamina-
ton OF witnesses and return to
Phoenix where | took the matter up
with the Attorney Generals Office
in the following letter:
Phoenix. Ariz.. March Q. 1914.
Hon. George Purdy Bullard,
Attorney General,
Phoenix. Arizona.
Dear Sir:
At a meeting OF the State
Board OF Control On Friday, the
9th inst. in response to my re-
quest for an investigation OF the
State Industrial School. ! was
authorized by the Board to p:o-
coed with a public investigation
permitting Mr.. ". NJ. Whipple,
the Superintendent, to have a
lawyer present at the meeting.
Acting upon this authority, !
repaired to the Industrial School
at Fort Grant, where. prepara-
tory to holding d public inve5.i-
CATION. began the examination
OF employees on Saturday morn
ing. March eth. in accordance
with notification given Superin-
tendent Whipple on the after
noon before. While engaging
in this preliminary examination,
Superintendent Whipple appear
ed with an attorney and a stem
ographer, and insisted upon be-
ing present. informed them
that the time for public hear
ing had not arrived and that
when it did they would be al
forded the opportunity OF being
present. but that in the mean
time they must not intrude upon
my preliminary examination #
witnesses. To this they object
and insisted upon remaining.
whereupOn. | repaired to an
other building and proceeded
with the examination. only TO be
interrupted for the second time.
The forcible intrusion OF SUI
perintendent Whipple upon my
preliminary examination of wit
/ nesses necessitated postpone
ment until such time as the Sit
nation could be remedied. The
contention OF Superintendent
Whipple and his attorney for
such a privilege is absurd and
ridiculous. ! submit that if such
procedure were considered
proper. 1t would be equivalent to
the prevention Of a grand jDy
from examining witnesses except
in the presence of defendant
and attorney.
During the few hours ! was
permitted 10 conduct my exam
ination OF witnesses unhindered.
sufficient facts were brought out
to satisfy me that in Justice to
the people OF the State and the
inmates OF the institution.
thorough investigation should be
made.
Under these circumstances.
am forced to report the matter
and apply to you. as the highest
legal officer of the State. for ad-
vice as To whether or not. J.
as member of the Board of
Control. am entitled to conduct
preliminary examination OF
one OF the State institutions
without interference by the Su-
perintendent. If, in your opin-
ION. ! am not entitled to conduct
such examination undisturbed.
which right in previous similar
cases has never been questioned
or denied other members OF the
Board, ! call upon you to ac-
company me to the Industrial
School and lend nc your assist
ance in the public Investigations
which ! am anxious to conclude
at the earliest possible date.
! have the honor to be.
Yours very truly.
J. c. CALLAGHAN,
State Auditor and Member,