The Prescott daily news., 1916-04-18
PEN COMMISSIONERS
 GIVEN HEARING
Charges of Mismanagement, h. competency and InattentiOn to Duty Made By Governor Hays Against Commissioners.

Little Rock, April 18.-In a public hearing started Monday afternoon in the reception room of the Governors office, Gov. Hays made charges of mismanagement, incompetency, and inattention to duty against J. A. Bradsher and J. V. Ferguson. peni- tentiary commissioners. Mr. Fergu- son was also charged with over-in- dulgence in intoxicating liquors.
 Demurring to the charges and the jurisdiction of the Governor, Chas. A. Walls of Lonoke, counsel for the commissioners, charged that Gov. Hays is actuated solely by political reasons; that he had openly stated that he would 'get even with them for supporting Dr. C. H. Brough for Governor, if he had to pardon every convict in the penitentiary."
 The Governor made no formal re- ply to the somewhat caustic arraign- ment, but, upon the suggestion of Robert L. Rogers, attorney for the state, he directed that the protest as presented by the commissioners be not spread upon the records. MT Rogers said that it was written pure ly for publication anyway, land let them make the most of it." The commissioners also demurred to the jurisdiction of the Governor, but At torney Rogres contended that under the law the Governor is made sole judge of cause for the removal of members of the commission.
 The formal charges, delivered to the commissioners at 1.55 p. m. Mon day are, in effect, as follows:
 Failure to devote entire time and attention to the discharge of their duties.
 Wilful neglect of duty in absenting themselves from the state farm at Cummins.
 Permitting, knowingly, immora, conduct among the convicts by allow ing negro women to stay on the farm for days at time, and mix and min gle with them.
 Brutal treatment of convicts by whipping and other means of excess sive punishment.
 Failure to furnish convicts with soap and towels after the governor had personally requested them to do so in 1913; also forcing them to sleep in the same clothing in which they had worked all day.
 Gross miSmanagement of the inst- tution's financial affairs, in that wher they assumed charge all its debts were paid, and there was credit of $19,653.79 in the state treasury; the present debt, after cotton that will bring about S150,000 has been sold, is approximately S150,000 with no funds for running the next nine months, the monthly cost being about $12,000; this does not include the cost of the Tucker farm in Jefferson county, S152, ,365. State Treasurer Mcdaniel testified that the present penitentiary balance is $1.35.
 "From the way this institution has accumulated a tremendous indebted ness" said the governor, (which has increased from year to year, having cash in the treasury at the time of your assuming charge it is patent that ineffciency and neglect of duty are largely responsible for this con- dition and if the conditions continue much longer the penitentiary will of itself bankrupt the state govern ment."
 Gov. Hays said that he would be glad to make any statement pertain ing to his knowledge of the peniten- tiary affairs.
 Among the first witnesses examined were Dr. J. D. Nivens, from whom the Tucker farm was bought; Capt. John T, Burkett, the third commissioner, who testified that he was secretary of the Board and had charge of the walls; and Cullen McVay, recently pardoned by the governor from serv- ing term for murder, who testified to gambling and immortality per mitted at the farm, and the brutal whipping of convicts, three of whom died, the whipping having been in Mir. Bradsher's presence. The hear ing was not concluded Monday.