The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1915-08-06
B0TkIN SAYS
CAPPER knew
DepOSed Warden Answers Criti-
ciSm of the Clifford Case.
Notice of His Pending Release
Sent to Governor.
NOT WITHOUT PRECEDENT
WITHOUT PRECEDENT
Chief Executive Had Approved
Three Similar Actions,
Gives Names and Dates in a
Signed Statement.


against Warden J. D. Botkin were APP
proved by Governor Capper and were
done with the full knowledge and con-
sent of his office. That is the coun-
ter charge today by Botkin in answer
ing the charges that the prison de-
partment was responsible for the re-
lease of J. B. Clifford from the state
penitentiary before his term expired
Clifford was wanted as a witness in
the Botkin case. Under a rule giving
extra time to men who worked extra
hours in the prison Irvine plant, Gift
ford was recently released. 1t was
charged that his release was illegal,
and was without the knowledge or ap-
prevail of the governor. Botkin de-
MES emphatically all of these asser-
tons He was under suspension at
the time of GiffOrd's release vet rec
ords show that the governors office
was notified in advance that Clifford
would be released.
In fact, Botkin shows records of
three instances where Governor Cap
per had approved the extra-time plan
and had released convicts. These
were m the cases of George Harringer,
Louis Wisdom and Louis Allison.
Each was released with the governors
approval under the plan which was
claimed to be illegal when Clifford
was given his freedom.
Further, Botkin states that when
Clifford escaped in 1914, he lost 236
days good time which he had accu-
mulated while in the prison. Then the
prison board adopted the plan of CIV
ing an extra meal and an extra day
to the men who worked thirteen hours
in the Irvine plant. BY his official
acts, Governor Capper approved this
plan during his administration. Now
the investigating board will be asked
to GUST Botkin from his job for doing
that which the governor approved.
Credit for Overtime.
What about the 35 days allowed
Clifford because of the overtime he
kin in a statement of the case. 1T is
gravely declared that the warden and
board have no authority to make
contracts under which a prisoners
But the board and warden have done
no such thing.
The governor and the board did
this very thing last year and this, and
with a full knowledge of the facts. all
right minded people will see that they
have not transcribed their authority
The new Irvine mill began work Jan
uary 2, 1914. AS spring approached
the demand for Irvine became very
pressing. The mill has an annual ca
pacity of only three million pounds,
while the state required about twenty
millions. In order to supply the farm
ers with the greatest possible amount
of Irvine, the board. at its meeting
March "a, 1914, ordered a full night
L
ever, that we could not spare the men
from other industries. Accordingly
at their meeting April Is, 1914, the
board annulled this order and made
proposition to the Irvine mill men that
if they would work for the state Is
hours each day, they should have an
extra meal per day and two days for
one off their sentences. The prison
Hodges had authorized the board to
commit him to this contract. 1t was
necessary for the governor to coop
crate in this plan for the reason that
it was inevitable that some men would
be entitled to release before their
minimum should expire and others
before their maximum, and only the
governor had the authority to grant
such privileges. Several men have
been paroled and others given final
discharge under this contract
Two Days for One.
Pursuant to this arrangement with
the governor, the board, at its meet
ing June 1, 1914, ordered that at the
end of each month the extra time
(two days for one), given to the work
ers in the Irvine mill for extra serv-
ices be added to their good time. AT
the meeting of the board April 1,
1915, the following action was taken:
Ordered, that commencing April ., the
Irvine mill be placed on the same
schedule of time as last year, with eX-
ira feed and credit to prisoners for
time as in 1914
ssAt this time the board announced
that Governor Capper had made the
same agreement as that made by Gov
ernor Hodges the previous year. Under
this agreement Governor Hodges re-
leased Tom Perry, whose original max
imum was Oct. 25, 1914. Owing to
a credit of Sc days for extra service
in the Irvine mill his new maximum
was August 90, 1914, and he went out
en- this date. Following are the men
who have received final discharge from
Governor Capper under this agree
nent:
George Barringer, original maxi
mum April 4, 1915, credit in Irvine mill
Sc days, new maximum Jan. %, 1915.
Discharged.
April 49, 1915, credit in Irvine mill 5
days, new maximum April 4, 1915.
Discharged.
Louis Allison, original maximum
August IL, 1915. credit in Irvine mill
81 DAYS. new maximum June 9, 1915.
Discharged
"Under the same rule Chords max
imum after deducting the 236 days
of good time, was August 80, 1915.
Given his 35 days of good time for
extra services in the Irvine mill, his
new maximum was July 26, 1915, and
he was as surely entitled to release
on that date as were those named
above on the dates named. If his re-
lease by the present prison authori-
ties was illegal then the three released
by Mr.. Capper and the one released
by Mr.. Hodges were unlawfully given
their freedom. If not, why not?
I'm all of these cases the Governors
office was duly notified of the date of
expiration: the notice in Gifford's case
having been sent July -
To Deport German Missionaries.
London, Aug. 6.-The British gov
eminent has decided to intern or de-
port all German missionaries in India,