The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1915-09-16
WARDEN B0TKIN
ISCONVICTED0N
ELEVEN COUNTS
Investigating Commission Lifts
Pen Head From Position.
The Case VIII Be Taken to
Courts by the Warden.
MAY EkJ0IN HIS SUCCESSOR
STAY at Prison and Force Quo
WarrantO Proceeding.
Board of Corrections Held for
Part OF Blame.
Investigating Commission Lifts
Pen Head From Position.
The Case VIII Be Taken to
Courts by the Warden.
MAY ENJOIN HIS SUCCESSOR
STAY at Prison and Force Quo
WarrantO Proceeding.
Board of Corrections Held for
Part OF Blame.

Removal of j. D. Botkin as warden
of the state penitentiary was recon-
mended to Governor Capper at )
o'clock this afternoon by speclai
commission which heard the testimony
in the case against the Democratic
| warden. The commission was unan-
imous in its findings, which exoner-
ate Botkin on but three of the four
/ teen charges against his record.
Senator l. NJ. Mahin, of Botkin' $
counsel, is in Topeka today and stated
that an effort would be made TO re-
tain Botkin in office and that the case
would be carried to the courts IL IS
possible that injunction proceedings
1 against the appointment OF successor
NAV be filed. In event this course Is
not pursued, Botkin will seek to re-
| main at the prison and force the state
| to bring quo warranto proceedings for
/ his removal.
| All of the charges against Botlin's
record are reviewed in the findings or
the commission. Nearly twenty type
written pages re IN the report 10 NIoV-
ernor Capper.
Asked concerning Botkin's success
sor, Governor Capper late today stated
that no action would be taken Tor a
day or two. In political circles it has
been understood that the place will
be offered either to J. K. Codding,
former warden; or to Prof w. H
Blackmar of Kansas University. The
governor stated that he did not eX-
pect to go outside the state in search
of warden.
Part of the criticism directed
against Botkin for his alleged mis-
management of the penitentiary, is
placed on the shoulders of the board
of corrections which had supervision
of the institution. More careful at
tention to statutory provisions in Sc
lection of employees by the board is
recommended.
The Prison Mine.
In it's recommendations to the gov
ernor, the commission points out that
the prison mine has been worked but
half of it's full capacity and recon-
mends that more men be used in mine
work.
Use of the prisoners funds by Off
GERS of the prison both during and
preceding the Botkin administration
is criticised. 1t is urged that the state
provide a fund from which the warden
may draw for current expenses and
that the funds of the prisoners be kept
intact.
Temporary paroles, shown to have
been granted during recent years,
should be discontinued and the prac-
tice abolished, the board says.
Methods of bookkeeping at the
prison are also unsatisfactory. The
commission urges a complete change
in this system.
fund is criticised only in a general
way The present practice of allow
ing 81 900 n year for entertainment
purposes is not approved. The leg
islature is asked to abolish this appro-
priation.
1t is recommended that the prison
board Immediately adopt a policy per-
mitting the suspension OF prison en-
ployees without pay. Under TINS
provision, the board recommends that
no discharges be permitted without
approval of the official board.
The board does not make findings
regarding the discharge of B. D.
Jones, a former employee, who filed
charges against Botkin. The matter
is now in the courts and the commits
sion leaves the dispute to the court for
final settlement.
1t is reported by the commission
that the general management of the
institution is not the best and that
the standard of efficiency could and
should be improved.
The Lone Wolf Deal.
Regarding the loan by Botkin from
Lone Wolf, an Indian, the commission
makes lengthy findings. 1t concludes:
The transaction with Lone Wolf was
not only illegal, but was indefensible
as matter of morality and policy
The law was also violated by the fail
ure to make a record of the receipt
and disbursement of money coming to
Lone Wolf from the government"
1t is found by the commission that
Botkin was a party to the patent
right contract with a prisoner named
McGinniS. In reaching this cOnclu-
sion, the commission quotes extracts
from the testimony of several wit
neSSeS.
Criticism of Botkin's official con-
duct is also based on his connection
with the escape of J. B. Clifford and
the refusal of Wayne K Stalnaker.
another convict, to return to prison
after he had been given a temporary
parole
Use of prisoners as servants of Off
GERS and employees is criticised. That
! this custom was prevalent during the
administrations of his predec essors
may mitigate, but cannot excuse the
violation of the law says the COM
mission.
Then the commission takes {. rap
at the prison board and eNonerates
Botkln on three charges.
1t is perhaps, outside the province
OF this committee to go beyond the
warden in locating responsibility for
| existing conditions says the report
| However, We are impelled to say that
| a large measure of this responsibility
| rests with the board of corrections
1 1ne perfuQctOry DerforDoa Of he