Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1922-09-26
Commission RECOMMENDS
REMOVAL Of WARDEN Of.
THE STATE PEN|TENTARY.
Four Members of Prison Board Sign Majority
Report, Which States Jaramillo Is Tenn
peramentally Unfit for the Position; }. E.
Torres, Fifth Member, Does Not Concur
in This Action, and Prepares Minority
Report.

leave at 5 p. M, Wednesday, Aug
lust 90, and not be able to return
until the night of the following
day, and that he agreed to have the
Investigation continued in his alb
lsence.
BE it resolved, that we deeply re-
lgret the necessity of continuing the
investigation without Mr.. Torres,
and that our final report and de-
cision will be rendered to the gov
lernor after Mr.. Torres has had an
opportunity to read that part or
the transcript covering testimony
heard after his departure, and an
opportunity given him to particl-
pate in the formal report.
At that time it was the intention
of the board to submit to you no
report whatever until Mr.. Torres
! had an opportunity to study the
7 testimony after his departure. but
subsequent developments from the
testimony: the temper OF the con-
victs and the attitude of the Off
| cials, are in our opinion, suffi-
ciently serious to justify our MAX
ing to you this preliminary report,
with the intent of deferring the
final and formal report until Mr..
Torres is relieved from his other
duties and obligations, and can at
tend a meeting of the board.
| Therefore, this report must not be
considered by you as the formal
REPORT of the board, but as express
| ing the opinion of the individual!
members whose names are attach
ed hereto.
| After the exhaustive investiga-
ton made by the board during the
past four days, the four members
| OF the board signing this report
wish to reaffirm their former report
and to advise you that they more
than ever are Of the opinion that the
orders to fire upon the convicts
given by the superintendent were
absolutely unjustifiable, and that
the convicts had no warning What
ever of such proposed action upon
the part of the superintendent.
In order to secure the facts from
the convicts themselves, the board
deemed it necessary to promise
immunity from punishment to the
men testifying, especially il any OF
their testimony was in any way I'M
y favorable to the periutendent
/ Notwithstanding this promise ma6e
by the board to the convicts, in the
presence of the superintendent and
after the superintendent had as
sured the board the prisoners
would be protected, during the in
Iyestigation, at least two conyicts
who were called to testify were
punished by being placed in soli-
tary confinement. 1t became nee.
ossary for the board to direct the
superintendent to release one OF
these witnesses from solitary con-
finement imposed by the superin-
tendent, for no sufficient reason,
in the Judgment of the board. The
superintendent released the other
witness after one half days and
a nights confinement.
It will be about two weeks before
the record of the investigation can
be transcribed for your considera
tion. The members of the board
subscribing to this report feel that
the deplorable conditions which
they found in the institution, the
Hack of discipline which has
prevailed in the past and which
must necessarily continue follow
ing this investigation, IL the pres
ent superintendent remains in con-
troll, the danger that the convicts
who have testified will be perse-
cuted or punished by some of the
employees of the institution on ac-
count of their having testified at
this investigation, and the incom-
petence of the present superintend-
ent, make it imperative that he
should be continued in his office
for another day.
J. f. Torres, the fifth member OF
the commission, who submitted a
minority report, said "it Is i'm