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THE PENITENT Finding of the I lives Col mithin Sinti The report of the Penitentiary In vestigating Committee was liled at the exc 'Utive office yesterday. The re port makes no recommendation as to what step- shall be taken in the mat- j ter. and as ''Governor McSwcencyis out of town no action will be taken for .i day <>r two at least. He will j probably submit the testimony, to- i :_'ctl:< ; with the report to Attorney ' Genera] l?clliugcr for his official opin ion. Mr. ffellinger, too, is out of | own. The report, though long, is clear eut and to the point. It covers i a great deal of ground, but there is no i unnecessary verbiage. Kollowing in the full text of the document : To Hou. M. J?. McSwcency, Governor: The General Assembly of this State at it- last session passed a concurrent resolution to appoint a committee of two Senator.- and three Representa tives "for the purpose of investigating j the a Hairs of the penitentiary" with instructions to rep ot to yon. The undersigned were ;ip ?inted as said committee and organized by electing W". I**. Stevenson chairman. It select cd .lohn Taylor as expert bookkeeper ; and Miss M. K. Gibbes as stenograph- \ er. Meetings were held from time to < time, as it was expedient to do so. as i is -howu by the record herewith sub- | mitten. .Much testimony was taken j bearing on the condition and manage ment of the penitentiary. The mat- ' ters examined were embraced under j three head- : 1. The treatment of the I convicts. 2. The condition and man agement of the farms and the disposi tion ut farm products. ... The general financial affairs of the penitentiary proper and the use and disposition made of the assets of the penitentiary proper, including amounts due to the same. 1. As to the treatment of the con victs: We find that Mr. Neal has always been an advocate of humanity and that wherever the treatment of convicts e.amc under his personal supervision thorc is no doubt of their kind and humane treatment. One instance of very severe whipping is reported as being given by one subor dinate, Mr. J. J. Cooley, for which >.'r. Neal is not responsible. We wish to commend the methods used by Mr. Miller, manager of the Lexington farm, in this particular: His man agement has reduced the necessity for whipping to a minimum, and yet he gets excellent results. While we know that the convict must be controlled, we feel that the dictates of humanity require that the unfortunate who is without character or legal standing and without friends or hope of redress should be treated with all the consid eration which strict discipline will allow. vVc arc glad to be able to report that Mr. Neal has always shown his desire to do his full duty by the convicts from a humanitarian stand point. 2. We find the farming property in fine condition, well stocked and well cultivated; large crops are made, and valuable improvements in the way of j buildings and dykes and ditching and I clearing have been made during his administration. The superintendent deserve commendation for the ener getic and skillful management of the affairs and improvements made- on the property, both on the farms and at the penitentiary itself. The DeSaussure and Heid farms have been paid for under the administration of Mr. Neal. We are not prepared to say that the farming business, however, is profita ble. There has been, for instance, for the year of 18118, an average of 139 hands used on the Heid and DeSaus sure farms. The evidence is that they will pay $50 per year per head when hired out, making $6,950 net from their hire. The total products from these farms for 1898 as reported by the board was $41,013.05. The cash returned from the farm produce of DeSaussure and Keid farms, pages 24 and 11, is $12,735.55; ninety-nine bales of cotton on hand January 1st, 1899; there was possibly on hand at that time under a liberal estimate $7,000 worth of other produce, making a toU! of $22,210.55 accounted for, and leaving a balance of $18,803.40 which must have been consumed. Now, this crop cost, therefore, the hire of convicts, $6,950; accounts paid for the two farms, $20,069; rent of land, estimating it at one-quarter of the crop, $10,250.40; produce consum ed" in the making, $18,803*40. The crops cost, therefore, $56,076.27; the value of the crop, $41,013.95, leaving a deficit of $15,062.32. From this should be deducted the value of per manent improvements claimed as being made during tho year (see exhibit A.) $1,000, leaving an apparent deficit of " 414,062.32. To this should be added the interest on the equipment, which is valued by tho directors at $25,000, on page 21 of the report of 1897, which, at 6 per cent, would be $1,500, making tho total deficit of $15,562.32. From this, of course, should be de ducted the corn and oats and bacon furnished to the penitentiary itself, IARY SCANDAL. ;tig?ting OomiTiittcii ' . .1 H'JIIxt ''III. which, ut a liberal estimate from the testimony before us, could not exceed $5,000 from the crop of 1808, which would necessarily h ave a loss of $H', 5U2.H2 from farming operation.- on those two farm-. '.?. As to the general financial affairs of the penitentiary proper and the use and disposition made of the assets, etc. we are constrained to report that the investigation ha-brought forth a state of a flairs which is not credita ble. In the first place it will be found by a close examination of the testi mony taken that the directors knew too little of the affairs of the institu tion and were too subservient to the will of the superintendent. The fact that there were about * 1 ,000 of Hags dale notes in the bank with the peni tentiary endorsement representing convict hire for two year.-, on ."Mr. Seal's place while the directors thought the hire had been paid, s iows that their knowledge of the a (fairs of the institution was entirely superfi cial. The fact that they paid him $10 a month stable rent for six year-, and two months for allowing penitentiary horses to stand iu the stables, where they were kept purely for his conven ience, and now profess not to know they were paying it is another evi dence of the somnolence of their faculties when approving accounts. They either knew that such was the ca.-c. or they did not know it. If they knew they were paying it, they were deliberately yielding to Mr. Ncal's desire for money, to which he was not entitled, and were therefore culpable, or, if they didn't know it, they were approving and paying an item* monthly for several years which was wrong and never found out. Kither supposition is sufficiently hu miliating. We would note hero that we know of no law authorizing the directors to keep a lot of horses and carriages for the use of the superin tendent's family, and we regard it as an unwarranted extravagance. The evidence here is that the bookkeeper had to use his horse on penitentiary business, for which the State fed him in part, while the horses for whose stable rent we were paying handsome ly were being used by the superinten dent's family. The evidence is that there was stable room for these horses at the penitentiary. The custom of entertaining largely at the peniten tiary grew up also under Mr. Neal. Crowds ate there free at the bounty of the State, making the taxpayers their hotel keepers, and exercising a thrifty instinct to get all they could at the public credit. Unfortunately the board of directors set the example by boarding themselves there, thus add ing to the pay allowed by law the fur ther provision of hotel bills. In jus tice to the board, however, we will say that after this investigation was begun and that matter was brought out they deeided to discontinue that practice and pay their own bosrd. This is at it should be. The lavish entertniumeut there, though, was such as should not be tolerated again. Politicians, contractors, State consta bles, and personal friends all found a welcome and good oheer there. The result has been that the institution came to be considered as a place where any accommodation desired could be had, and as a result we find many things to report as wrong. We find that he has given away many articles produced by the penitentiary to promi nent men, such as a bookcase to Con gressman Latimer, furniture to D. H. Tompkins, Secretary of State, and T. J. Cunningham and S. P. J. Garris, directors, and Senator Tillman, who also got a carload of brick, which he says Neal gave him, but which Neal says he sold him. Most of these arti cles Neal professes to be ready to pay for, although he had never charged himself with them up to the institu tion of this investigation. Mr. Garris also, got a carload of bri?kbats and some pigs and turnips, for which Mr. Neal docs not think he should pay. Garris had been anxious to settle the pig bill, but could not get it made out, and the other items were mere presents and they contend were worth less. Wo do not think it wise, though, for directors to be accepting even valueless presents from the peniten tiary. If Mr. Neal had paid for these things when he gave them away, it is a questionable practice for an officer to be making presents to public men, but when he fails to pay for them and takes the State's property and gives it to public men he does two wrongs, he misappropriates public property and attempts, apparently, to control the influence of publio men by the use of it. Further than that, he has allowed the governors of the State during his administration all to get snch things as they desired from the penitentiary, and has neither present ed the bills for them nor placed them in the assets and on the regular books. A list of their accounts whioh he should have presented and collected or published in the list of accounts due is hereto attached. He has him self, also, taken supplies to a large amount at a very low price and has never paid for them, an account of them being also set forth iu this re port. We find also that there has been a rule that the superintendent shall be furnished with wood and coal free. This is not warranted by law. and is merely another device to in j crease the salary of the superinten dent contrary to law. Again, the I governors have been allowed the use j of convicts, tools and stock to culti vate land near the city, and this has not been charged to them. This is excused by Mr. Neal on the plea that the governor is ex-officio chairman of the board of directors and has iu con sequence always gotten what he asked for. If that is correct, it is time that the governor should be taken off the board. We do not refer in speaking of the cultivating of land to the patch around the governor's mansion, which is public property and properly culti vated by convicts, but to independent farms outside. Again, the board had a steam laundry' established in the penitentiary and operated by the con victs. Mr. Neal aud < iovernor Mllerbe have 1 oth had their family washing done there ever since free, until the termination of Mr. Ncal's term of office. Now, while it is disagreeable to refer" to these matters, we deem it our duty to call them to the attention of the General Assembly. If the governor's salary is too small it should be increased by the General Assem bly, not supplemented by the peniten tiary. If not too small the governor should be satisfied therewith. The same remarks apply to the other offi cers mentioned. It should be a pleas ure to those gentlemen who have re ceived these things from the State to make reparation, and the lesson should be learned once for all that a public officer, because he is a publio officer, has no more right to the property of the State than the humblest citizen, and when he attempts to give it away to prominent men the inference prop erly deduciblc is that he is bartering it for their influence and they should be above suspicion, and keep them selves so by declining such presents. Any other course breeds distrust in the people of their rulers, and when that thoroughly permeates the masses respect for law and order perishes, and it becomes a question of who can get the most out of the Government and high office is sought not from motives of patriotism, but of plunder. We think the Penitentiary authori ties should proceed at once to ascer tain the value of the assets thus given away and present bills for them to the parties who received them, many of whom have professed willingness and desire to pay for them, and if possible save all such items. This should by no means prevent their holding the bond of the superintendent liable for such things as are not settled for. He has misappropriated the assets and should account for them. There is another matter which de serves attention in our general re marks. The management, it skeins, has been receiving favors and granting them in return. It should pay for all assistance it gets and then charge for all matters rendered. The case of the Hon. J. W. Ashley is in point. He furnished transportation for the offi cials, making no charge; in return his horse was boarded at the Penitentiary during tho session of 1898 of the Leg islature. While this may be very convenient, it is not business. If Mr. Ashley's favors were worth receiving they should be worth paying for, and likewise the board of the horse is worth paying for. This free and easy method of balancing one against the other will render it impossible to as certain at any given time the liabili ties of the penitentiary. No one will be able to ascertain what the unre turned favors received at the hands of the friends of the superintendent are worth, nor when the institution will be called upon to board man or horse in return. It amounts to a reciprocity treaty between the superintendent and his friends, which may involve the institution in endless liability and expense. It should be stopped. Another unbusinesslike feature of the management is the contract of the institution with the knitting mill company in tho Penitentiary. They give the mill a 25-horse power moter and pay the electrical company for 25 horse power, and to oharge the mill only what power it uses. They have not settled in five years and haven't even put in a meter to be able to tell how mueh power has been used. Now, the mill company wants to settle at 10-horse power. The directors don'/t know what was used aud have paid for 25-horse power. This is unbusiness like .and negligent, in our opinion. I Now as to Mr. Neal's financial trans actions and his moral obliquity in the matter : In the first place, in the face of the plain spirit of the law, he arranged as soon as he became super intendent to have his kinsman end creditor, J. Bel ton Watson,' take charge of his plantation in Anderson County, and* procured for him convicts to work it, and agreed that the net proceeds, after paying for the conviet labor and the farm expenses, should be applied to hit' debt to Watson, and he was thus to get the advantage, of * V '., : all profits made by the convict labor, indirectly hiring them to himself. The law enjoins upou him the duty o* watching those who hire convicts, preventing oppression and enforcing the rule that they shall be humanely treated, carefully attended by physi cians and not required to labor more than ten hours a day, nor on Sundays and holidays. Sections 500 and 509, Vol. 2, Rev. Stats, of 189'',. The plain intent of the law is that he shall not hire them himself, direct ly or indirectly, or be personally in terested in the amount of work done. The net proceeds being his the ten dency would be to give Watson the best labor, work it over time and re port as much lost time as possible. Having run under this contract for the years 1893, 1894, lSi?.">, be had his debt reduced as a result from $17,000 to ?1-1,000. (See Exhibit II.) Then he took a contract from Watson (Kx. H) whereby exclusive control was re turned to him, but the convicts were hi/cd to Mr. Watson, (see Kx. </,) and no bond was taken from Watson. This was plainly done to mislead the board of directors, as he frankly ad mits that they would not have hired them to him. Thus he became the master, the contractor, in fact, with Watson as a stalking horse. All the proGts inured to his benefit. Instead of paying the State for the convict hire for 1890 he took a worth less note of his foreman, one Rags dale, and endorsed it as superinten dent of the penitentiary, borrowed the money on it and returned it as cash received. The note has never been paid, and the bank threatens the penitentiary with suit for it. The same thing occurred in 1897, with another Ragsdale note, and in 1898 no pretence of payment has been made. The net proceeds of the farming oper ations for 189G and 1897 were paid to Mr. Watscn on Mr. Neal's debt to him, except $1,405.85, for which Mr. Neal gave Watson a receipt as super intendent, and which was not turned in to the treasury, but which is cover ed by one of the Ragsdale notes.. The State has been left out for the entire three years, and in 1898 neither Wat son nor the State has been paid any thing. In November, 1895. Mr. Neal col lected of W. Q. Hammond $500 on convict hire, which he kept and used. In December, 1895, he collected from Cooley & Fowler $500 convict hire, which he also used. In February, 1897, he collected from those two firms over ?1,300, and deposited to his own credit and used $539.95 of the same. He collected from J. J. Fret well ?387.17 for oats (Ex. M) and fail ed to pay it in. He gave a check to the bookkeeper for ?172 to balance his account for cash in hand, and there was nothing in bank to pay it, and it has not been paid; He took a note of W. W. Russell for ?600 for his own accommodation, and endorsed it as superintendent of the peniten tiary, and placed it in bank, and it has never been paid. The bank is after the penitentiary for the money, and Mr. Ne ai admits that he is liable therefor. He collected ?740 stable rent, whieh was unauthorised, but whioh, he claims, was allowed by the hoard of directors, whioh they deny, and whieh appears to have been ap proved in the prison pay roll. He has gotten supplies from the peniten tiary, for whieh he has not paid, amounting to ?638.29. His family washing has not been paid for and he got a carload of cotton seed to plant, whioh he should pay for. All these matters, taken with his presents of State property to his friends, and his having his superin tendent, Ragsdale, to furnish the cows to the penitentiary at a big profit, whioh profits Mr. Neal got, his keep ing opon house for his frienda at the penitentiary at the State's expense, stamp him as being utterly deficient in the faeulty of distinguishing be tween what is his and what is the State's, accompanied with a remarka ble faculty of being generous with the State's aspcts and especially to him self. We hold that both W. A. Neal and J. B. Watson are liable for tho con vict hire for conviots to be worked on Neal's plantation for the years 1896, 1897 and 1898, for the reason that Watson contraoted to pay for them and Neal got the benefit of the labor, and violated his duty in procuring them to be worked for his benefit and deeeiving the board of directors. Their labor was an asset of the peni tentiary as much as the products of the lahor on the State farm, and he cannot take either and refuse to pay for it. A conversion of one is the same as a conversion of the other. f We also condemn the practice of the superintendent's endorsing paper as superintendent, and thereby pledg ing the credit of the penitentiary without express authority from the board of directors in each instance. We especially condemn Mr. Neal's action for endorsing an ?850 note for J. B. Watson and thus making the penitentiary borrow that amount of money merely for Watson's accommo dation. We also condemn its use in the Ragsdale notes and W. W. Russell note. The following are the amounts now admitted by Mr. Neal to bo due from hirn to the penitentiary, it being ac knowledged that there is a shortage to that extent. Amount collected of J. S. Fowler, Dee., 1*95.$ ."?00 00 Amount collected of W. Hammond, Nov., 1895_ 500 00 Amount collected, Fowler & Hammond & Kept, Feb., 1897. 539 95 W. W. Kussell note. (?00 00 Amount collected of W. T. McGill, brick sold at De Saussure Farm. 10 00 Five bookcases at$12each. . o'G 00 One hat rack. 10 00 Six small tables at ?2 each .. 12 00 One bedstead. 10 00 Painting furniture at house. 10 00 Seven hundred bushels cot ton seed at 15 cents per bushel. 105 00 Commissary account for six years. G38 21? Check unpaid and carried by Burriss. 172 00 Collected of J. J. Fretwcll for oats, April, 1898. 387 17 Total admitted.$3,584 41 We find that he is liable in addition for the following amounts, which are contested by him : Convict hire on the Watson contract for the years 1890, 18H7and 1898.$ 7.400 01? We think he should refund stable rent, which should never have been paid.. .. 740 00 Previously admitted.. 3,584 41 Total.$11,724 41 There appears to be due the peni tentiary the following items, which have not been properly charged ou the books or collected, being found on an old brick yard book and commissary book, and which the parties are no doubt ready to settle on presentation of bills: The Hon. W. H. Ellcrbe, commissary account, #154.11; the Hon. John Gary Evans, commissary account, $181.14; the Hon. B. B. Tillman, commissary account, $57.00; the Hon B. R. Tillman, carload of brick, $72; the Hon. B. R. Tillman, oats, no amount given; he simply informs us that he owes for them and we do not find any record of it. We append as Exhibit A a state ment of the property purchased, improvements made and labor furnish ed to public institutions by the peni tentiary during Mr. Neat's adminis tration, aggregating, in all, $175, 845.1G, being the value placed upon the same in the reports of the board for the six years. The evidence taken is herewith sub mitted. The proper steps to be taken as a result of this report and the evi dence will be determined no doubt by yourself and the Attorney General. Respectfully submitted: W. F. Ste venson, H. C. Patton, T. F. McDow, J. F. Hay, Knox Livington. ? Rare presence of mind probably saved the life Mrs. Flora Jenuison, Clear Creek, Idaho. She was out in a huckleberry patch, when she ran across a bear with cubs. The mother bear, with a vioious snarl, mndo for her. Like a flash Mrs. Jennison tore off her skirt and slung it over the bear's head. While the enraged bear was tearing the garment to pieces in an effort to extricate itself the woman fled down the hill to the camp. Some of the men, hearing her screams, started out with their guns and met her. They killed the near and captured the oubs, whioh Mrs. Jennison is now raising on a bottle. ?r The Mennonites, a religions col ony in Pennsylvania, whoso religious conference reeentiy interdicted the use of tobacco, in any form, do not propose to let this prohibition inter fere with their worldly affairs. The farmers of the colony keep right on planting tobacco, getting around it by saying that if their industry is so displeasing to the Lord the tobacco will not grow. The outlook at present ia for a bountiful crop. A GREAT TRUTH. All organized living things, whether be longing to the animal or vegetable king dom contain within themselves the germs of death and decay. Germs of disease are often generated within the human system through imper fect digestion of food, producing various poisons whi :?\scientists have denominated fitomaines. A stomach weakened by abuse, gorged with over eating or over burdened with hot bread, too rich or greasy foods or those too highly seasoned, becomes weak ened and fails to thoroughly digest the food. A heavy, sodden mass is accumu lated in the stomach to ferment as the first step in its decay, giving off foul gasses to distend the stomach, and poison the blood, nntil it becomes thin, weak and lacking in the red corpuscles so necessary to perfect health. The over distended stomach presses upon the heart, and the latter organ is also dis turbed through sympathy, the same system of nerves being distributed to both organs. Thus palpitation and irregular action of the heart with its attendant shortness of breath, . result, and in time, disease of the heart itself is established. The gases and other poisons generated from undigested, fermenting and decay ing food in the stomach becloud the brain, causing headaches, and pain in the eyes. Being absorbed into the blood these poi son* teach fivery part and organ of the sys tem. The kidneys are thereby poisoned, causing Blight's disease and diabetes. Fil tering through the skin, troublesome skin diseases often show themselves. Every organ and every nerve, depending as they do for their nourishment and renewal upon the stomach, weak digestion shows itself not alone in loss of appetite and flesh, bnt also in nervousness, debility, bad complexion and many other derange ments. 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