Newspapers / The Charlotte Observer (Charlotte, … / Jan. 4, 1909, edition 1 / Page 3
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CHARLOTTE DAILY OBSERVER, JANUARY 4, 1909. BEPOBT ON STATE PEISOK tContlnaeoVfoin Two), . 7T JV Chapter pS ! FoWle I1". 190r); ,' . - ' . ir Thera ar now 170,000 of thesa 'bonds""tutstandln ana 4u' January YT ' General Aiaembly ftl, IIOT also, iNi an act authorizing- and flfecUn1hi boar of prlaon directors to pay to tn di runt 000 out of., IU earnings for U80 of ttio general fand of ttso State. '(See Chapter M. pae 1288, PohUo Laws, 1107). ' ' ' ' " Tna board of prison director on April d. l0-7, compiled la full with Chapter 8I and paid the Btats Treasurer the $176,600 for the gn fal fund, as directed, 1 At thla time we think the prison , will hava on hand on January 1st, i9. In cash, farm products and other cash assets, about 1180,000. more or leas. These aaseta, except a part of the farm products, can be paid to the State Treasurer on January 1st, It 0, to be applied to the payment of the prison bonds, as directed by Chapter lit of the Public Law of 107; but there will not be a sufficient amount to pay the bonds In full, and there wtll be. nothing left for the mainten ance and support of the prison after January 1st, 109.' "I have given this matter the oare ful examination and consideration that a matter of such grave Impor tance demands, and am clearly of the opinion that you should pav over as much money as you have on hand on January 1st, 1809, to the payment of the prison bonds. The two acts seem to have been drawn hastily and with out due consideration; but they are, as you suggest, mandatory and di rectory. It leaves nothing In the dis cretion of your board, but confers a positive duty on you to pay over the money, or as much thereof -as pos sible. The act should, of course. have stated that you pay the prison bonds, and after retaining enough for running expense, cover the bal ance In the State Treasury for the general fund. But this is a mistake of the Legislature with which we have nothing to do, and I think It Is our duty to follow the law as laid down, so that we will not be critlclned. It is, Indeed, fortunate that the General Assembly meets bo soon after this money Is paid ovr, and 1 know we will have no difficulty in having an amount appropriated by them suffi cient for running expenses of' the State's prison. "Very sincerely yours," "HATDEN CLEMENT. "Assistant Attorney General.' On tjieeember 3d the board of prison directors asked a conference with the Governor and laid before him all of the facts and fully explain ed to him the embarraslng condition of the prison. The Governor called together the Council of State and af ter the most' careful and thorough consideration of the matter formally advised the board of directors no; to comply with Chapter 15:', Public Laws,, 1 907, for two reasons, viz: 1st. That to do so would require every dollar of the prison funds and leave the Institution helplens and a burden upon the State, and even then It could not pay the entire amount of the "prison bonds." 2d. That It was his opinion and the opinion of the Council of State that the Legislature did not Intend to deal with- the earnings of the prison In such manner as to require, an appro priation for Its future support.' The board of directors earnestly desired to accept the. advice of the Governor and his Council of State, and felt that in doing so they would best serve the interest of this insti tution and the State. At the same time it did not feel that It could conscientiously disregard and ignore a plain mandate of the Legislature. It has, therefore, to-day issued a vouwher for 1141,356.70, which repre sents the total casn halance telonKin to the prison, and haB handed same to the Treasurer, as directed by Chap ter 162 of the Public Laws. But It has requested the State Treasurer, and he has consented, to hoU this voucher and not use It or any portion of it In the payment of the "prison bonds" 'until after the Legislature of 1909 shall have convend, In order that It may. If It so desires, pass an act authorizing him to return the voucher to tho board of. directors and not require the expenditure of trie prison earnings In payment of the bonds. If the Legislature shall take this course, the prison will have ample funds for its future maintenance, but If the Treasurer la required to use the voucher as a payment on the bonds, there will remain In the hands of the directors only $13,319.23 of SBseta, and serious embarrassment may result. PHYSICAL CONDITION. The physical condition of the Insti tution ts entirely satisfactory. The buildings and furniture are in good repair. The supply of drinking water from the new well, seven hundred and fifty-two feet deep, recently driuvd and equipped at a cost of $5,000. is abundant and excellent. The build ings and grounds are in sanitary or der. The general health for the past two years has been good and the death-rate iov. There has been no disorder, but on the contrary" the in mates have been obedient to authori ty and respectful In demeanor a re sult, I believe, of firm but kind treat ment and a liberal provision of the -ecessaries of life. Brick-making was discontinued In nitd-summcr, for the reason that there was but little demand for brick, and 1 found It convenient and more profitable to use the labor in other work- The brick plant Is in good or der and we havevan the yard at least 109 cords of dryfwVXl for future use. Arrangements ha been made to re sume work in the early spring. THE 8TATE FARM. Tho farm has sot yielded as well as asnal for the last two years. Heavy rains and river floods were very de structive to the growing crops during both seasons, but particularly so In 1908. The damage by the river In August last by careful estimate amounted to at least $25,000. Al most the entire, com crop was 1e7 atroyed, as was also the crop of field peas. Portions of both the cotton and . peanut crops, too, were -utterly ruin-, d. i . . '.- .. . - ' - . ..We have employed about three hun dred prisoners aa usual in cultivating the farm. 'Many of these, however, are not robust either on account of . age or other physical infirmities and, while capable of doing various fda of farm labor, could not be profitably used in other work. ".:."...-' , New and - comfortable ' ? dwellings have been built at a costwOf $1,600 and art now occupied, by the supervisors and their families. These add much hot only to the value but to the at- tmctlvenesa of the farm. Other buildings have, been kept In .repair, and . all are in good condition. . , . ' - We have found ! from ' experience that there ' are usually about ; three hundred prisoners available 'for con . tract, work and have endeavored to keepjhat number thus employed". For nearly t ytikind a half -we have had a camp of men la Sorry - county at work upon the' Elkln & Al legheny P.allroad, and.7i In Hyde and 1 Beaufort counties at work upon the srattanmekttet lial'.rstd. Ths Slate la Interested as a, stockholder la both these enterprise and pay 'to the prison the regular contract .price for Its labor. ' . ' ' for several years we have had a contract for 1,5 0 men with Messra Wade it Morrison, who were engaged upon work for the Atlantic Coast Line Railroad, but this expired on yester day, December list, and has not been renewed. I have, however, made two new 'contracts for 7 5 men each and extending- until May 1st, 1909; one with the Atlantic improvement Com pany, of FayettevUle, the other with the Navassa Guano Company, of Selma. Since September, 1906, the contract price for prison labor has been $1.S0 a day for each man. This price remains unchanged in the new contracts. COUNT CHAIN G ANQ 8. , In our desire (or Internal improve ments in North Carolina, and es pecially for' good roads, we seem to have lost sight of the fact that crimes are committed, not against the county, but against the State. Tito convicted criminal Is the property of the Bute and not of any county. It Is the duty of the State not only to protect the law-abiding by depriving the criminal of his liberty and punishing him for his crime, but it Is also the sacred duty of the State to protect the criminal from cruelty, abuse and Inhuman treatment and to provide In a proper manner for his welfare and maintenance. Under special acts of the legisla ture about forty counties In North Carolina have organized what are known as chalngangs and use them in the construction and Improvement of their public roads and highways. From the report of the board of pub lic charities It will be found that there are more than 1.200 prisoners in these chalngangs serving sentence for crime. The State has granted to the counties absolutely and uncondition ally the full management and con trol of these prisoners and has en deavored to surrender its responsibili ty for them, not even reserving a supervisory or lnspectlonary authori ty. Without the least concert with one another, each county Is in su preme control of Its own gang, pre scribes its own rules of discipline, of clothing, of feeding, of guarding, of quartering and of working Conse quently, lu addition to what Is known as the State's prison, North Carolina has forty wholly Independent State prisons under forty separate and dis tinct managements, with forty differ ent and distinct sets of rules and regulations, and over which there is absolutely no State supervision and inspection., The hospital faclltles, at least, of all these many prisons are Inadequate and defective, for In none of the counties Is there a place, ex cept th Jail or the working quarters, where the sick or the enleebiea or the demented can be cared for and cured. I have been Informed, but cannot substantiate the statement, that the average life of a road con vict la less than five years. All pris oners are at least human belnjss. very many are Intelligent, and some are possessed of refined sensibilities. A iurge proportion of them are capable certainly of serving their sentences and ufterwards of becoming useful cltlitens. None are mere working ma chines which the State should con demn to unremitting toll and unen durable hardships, only to be worn out and bulled within a few months or, at most, In a few years. The law evidently intends the punishment to fit the crime and that persons con victed of felony and given long terms shall be gent to the State's prison, while thdBe convicted of less Berlous offenses, especially -misdemeanors. shall be given shorter terms and lighter work upVn the roads. And yet, under existing conditions, It Is strangely true that harsher and more vigorous punishment Is Inflicted upon the petty offender than upon him who commits the morj; serious crime. CHAINOANG POLICY SHOULD BE ABOLISHED. The present chaingang policy of our State It Is In no sense a system vannot be successfully defended and ought to be at once discontinued. The civilization of our age demands It. I believe it to be In every respect as de fective and as full of possibilities for wrong-doing, cruelty and Inhumanity as was the old convict lease system, now long since, abolished. I do not mean to charge that acts of cruelty and brutulity have been actually com mitted In tny county, or that the prisoners of any county have suffered from over work and neglect; but I do mean that the possibility for such things has existed and does exist; and. If the present pHjley is continued, I feel It will be only a matter of time w-.hen It will bring upon our State deerel criticism and an unenviable notoriety. The State cannot surren der or evade responsibility for those whom It has fettered for crime. ' Every person In North Carolina unfler conviction and serving a term of Imprisonment for crime should be under the direct, Immediate and ex clusive care, management and control, of the State. . Truey should all be subject to the same identical prison rules and dis cipline. They should all be comfortably clothed, and all of tho same degree of crime should wear the regulation uniform. Thoy should all be given the same quality, and a sufficient quantity, of wholesome food properly prepared. Prompt medical attention anil ade quate hospital facilities should he provided fir the sick and those who during their term have become wort and debilitated or demented. Tie necessity for building and im proving public highways and of obtaining- labor for this purpose at a mlnlfcum cost was responsible for the original formation of the . county chalngangs. Much progress has been made in road building since then, and god reads are now recognized as per haps the best agency for local and State, development. I believe the State ta USP Its convict labor to no better. advantage than in construct ing permanent public highways In the must scientific and thorough man ner, jbit always under the manage ment1 and control of the State and not' f the county. I, therefore, re spectfully lubmlt for vour considera tion kite following recommendations. witn U request that If they meet with JJur approval you will trans mit Khtm to the Governor and ask his efi fcrsement of them to the Gen eral Aa-mbly: RECOMMENDATIONS. tall chainganga in North Caro- totally abolished. 'all persons convicted of fess than capital, be committed t- the State's prison. i 1 fell persons convicted of mii- r and sentenced to terms of reent be committed either to farm or to the nearest mls- Ir camp- -, lilt persona committed to Jan trial, except those charged tal felony, be given the prtvl- the consent of the Bute tra yOwttre- nearest ULb sdemeanor camp as a mem- fubject to the rules and die- creof until the time o! mat; mvicted. the sentence Tlven rtened by the length of ser- e conviction; and. if acquit paid by the State authori se wages a day for the set red before trlaj; that Is being r misdemeanor prisoners, st of transportation. I persona serving sentence for crime, whether fetony r misde meanor, shall be under the manage ment, direction and control of the board, of State prison directors as fully and completely and exclusively as the tSate prison now Is. That the said board of directors shall have full authority to transfer misdemeanor prisoners from one point in the Stat to the State farm or to any any other point, in their discretion, either for work or for hospital attention; but shall not be authorized to mingle together persons convicted of felony and those convict ed of misdemeanors either at the farm. In camps or upon any kin, of work. That all misdemeanor prisoners be required to wear an adopted uniform, but not the regulation convict stripes. That a competent civil engineer be employed by the State and paid an annual salary, whose duty It shall be to lay out in a proper and scientific manner any public road or highway In the State which Is proposed to be constructed or Improved with convict labor. That any county in the State that desires to use convict labor in the construction or Improvement of Its highways shall apply first to the State engineer to lay out and make plana for said work, ""or to approve plans made. That the said county shall then ap ply to the board of State prison di rectors for the number of convicts desired for the work, this number In no case to be less than fifty. That the board of directors, as soon as possible after the receipt of the application and the approval of the State engineer, shall furnish the labor requested and proceed to construct or Improve the highway under the di rection of the State engineer. That all applications from counties for convict labor shall be honored In turn according to date of their re ceipt, except that no county may use at any time more than one hundred If an application from another county is pending and no labor is available for It. That counties using convict labor shall pay to the State therefor the sum of $1 a day for each laborer, shall pay all transportation charges one way, shall furnish quarters to be approved by the board of prison di rectors, for prisoners and employes, shall also furnish pure drinking wa ter necessary firewood for camp use, and shall furnish overseers to direct the work. All other expenses of every kind whatever shall be borne by the board of prison directors. THE HOSPITAL FOlt THE DAN- UEKOIS INSANE. This hospital is located In the west wing of the State's prison, with wards and equipments for the accommoda tion of fifty patients. It was Incor porated by the Legislature of 1901 and placed under the management and control of the board of State's prison directors. (See Chapter 755 Public Lawa. 1901.) The act of In corporation endeavored to entirely separate the hospital from the prison and yet to locate it within tfte prison walls and within the prison building Itself and under the management of tho prison directors. Section 1 of the act provides: "That the Hospital for the Dangerous Insane is hereby created a corporation . . . and shall be under the direction and management of the board of direct ors of the State's prison. The said hospital shall be located In the wards of the State's prison, where tho dangerous Insane are now cared for. " Section 3 provides: "It shall be the duty of the board of directors of said corporation as soon as practicable by partitions, walls and otherwise to fully and completely separate the said hospital from said prison, and they shall ohange the same so as to conform to the purpose of a hospital for the Insane ; and the said hospital shall not be a part of the State's prls ,.Jjut shall be the State Hospital for the Dangerous In sane." An appropriation from the State Treasury was made for the mainten ance of the hospital and another for the improvements, while no appro priation was made or needed for the State prison. The board of prison di rectors has earnestly striven to car ry out the wishes of the Legislature as manifested In the law and to keep tho Institutions as separate as the conditions would permit. In my report dated January lt, 1905, I said: "The capacity of the Institution Is fifty, but there are now fifty-four Inmates. In consequence of thU overcrowded condition we are compelled each night to lock four pa tients In prison cells, thus violating tho spirit, if not the letter, of the law." In my report dated January 1st, 1907, I said: "The department is Intended and built to accommodale fifty people, while the average num ber cared for during the year has been fifty-three. This crowded con dition has necessitated the confine ment of three each night in ceils of the prison." It becomes my duty now to report that during the past year the average number of patients has been sixty one, and of this number we have boon compelled to confine thirteen each nlpht In prison cells. The Legislature of 1D07 still furth er obliterated the line of division be tween the institutions by requiring the prison out of Its earnings to main ta'n the hospital. Instead of making an appropriation from the- Treasury for Its support, as In the case of other State insane hospitals. . Eight years of experience In' the service of the prison have . but strengthened my conviction that it was mistake to make this hospital In fact a department of the prison. The humanity of our law will not per mit an Insane person to be convicted of crime. Neither will It permit an Insane person to be punished for Com mitting an act which would be a crime If committed by a sane person. I am, therefore, unable to see either login or humanity In the law which author izes or permits confinement In the Stale's prison, and actually In felons cells of persons who have been form ally declared by the courts themselves to be insane and . Irresponsible for their acta. I believe this hospital ought to be separated in fact from the prison and made an Independent institution or else connected with other Insane hospitals and its Inmates given the same considerate care, at tention and treatment that the State's other unfortunates of the same class receive. The Hospital for the Dangerous In sane must receive and treat patients of both races and both sexes. This requires the maintenance of four separate departments and the utmost vlgiisr-e end care on the part of the management and attendants to prevent wrong-doing and scandal. The cost of maintaining the lnstl- Yutldn (B uHntmest-nscr-yar vies- been $S,7.55. I am glad to be able to report the department .in good physical condi tion. The inmates have been t well eared for and provided with the nec essaries of Ufa. .The general health has been good and no serious trouble of any kind 'has; occurred. I If te Jtoapitai is is recnein as ai present located and the tnanagemelt expected to receive alL who mas- fa committed to Its care, even If neces sary to consign them to cells for safe keeping, then it will be necessary to ask for an appropriation of $7,500 per annum, instead of $5,000 as here tofore. But an appropriation of $5. 000 per annum will be sufficient for the support of the institution up to Its capacity. KespectfiiUy submitted, J. S. MANN. 5 I Nye Hutchison & Son INSURANCE FIRE, LIFE, ACCIDENT OFFICE No. flont Building. BeD 'Phone 4301 NORrXJLK & WKSTKRV RAILWAY. Schedule In fr?ct October isth, lsot 11:10 am Lv Charlotte. 8c. Ity. xr t.eo pm 1:6(1 pm Lv Winston. N A W. Ar 2:00 pm 1:SS pral ' Martinsville. L 11.44 ,m l:prar Roerclcs, z.y :M am Connect t Poanok via Shenandoah Volley Route for Hageratown, and all points In I'enneylvaina and New Vork Pullman ileeper. Rounoke and Philadel phia. Through coach, Charlotte to Roanoke. Additional train leaves YVIneton 1 to m. daily except Sunday. II you are thinking of taking a trip roa want quotations, cheapest rates, reliable and correct Information, as to routes, train schedules, the most comfortable and quickest way Write and the Informatloa Is yours for the saklng. with one ot complete map fuldern 'M. P. BIIAan. Trav. Pass. Agent. W. B. BEV11.L. Oer. l Pass. Agent. - Roanoke, Va. of which'' fairaeiss WILLIAM FIRTH, PRE. AMERICAN MOISTENING COMPANY 79 Milk Street, Boston, Masai J. S. COTHRAN, SoatJlern RraenttlTe, 405 Trust CBJiRLOTTE, H. GL PKKSONALiLY CONDUCTED TO Tit TO HAVANA, CCtlA, AND PJE- TmX, JANUARY 11, 1909, VIA tiOUTlIKRN RAILWAY. Southern Railway will sell round trip nnmlon tickets to Havana, Cuba, at fellewing rates from points named Anheville Charlotte Durham Gastuota OraitnihArA $39 10 . 41 5) . e so . U M Hickory JJ High Point Marlon 45 rtrfortl W.OO K.lelrh 4.t Rutherfordton 1 GO Salisbury - 96 Shelby 1-M Statesville 2 0 Approximately low rates from other points. Tickets on sale January 11th. good re turning to leave Havana, Cuba, on or before January 27th. 190. Tickets may be routed through Jacksonville, thence either through Knight's Key. or Port Tampa. Good going and returning same route. Stop-overs will be allowed at Jackson ville. St. Augustine, Palm Beach. Miami, and othyr points south of Jacksonville, within final limit of ticket. A represen tative will accompany movement, and will look ater the comfort and pleasure of the 'party. For further Information as to side trip tours from Havana, sight-seeing tours, hotel rates, leaving time at principal points, Pullman and atate-room reserva tions, write J. H Wood. D. P. A., Ashe vllle N (".. W H. McOlamerv P ana T A.. Raleigh. N. C . R. H. DeButts, P. anif T. A. tireensboro. N. c, or call on your depot agents, or write H. L. VERNON. T. P. A.. Charlotte. N. C. A HAPPY NEW YOUR COUSINS The Mechanics'- Perpetual B. & L. Assn. brings cheers to 29 mortgaged homes and 94 non-borrowing shareholders of the 40th Series in the announcement that, with the third payment of dues in January next the 40th Series will mature amounting to S3 TO. W ' ft ' T yi,t lO will be applied to the cancellation of 29 mortgages, and the management shares with you fn the happv knowledge that in four weeks more, the mort gage on your "HOMES" will be lifted, and you can and ought therefore enjoy the Holiday Dinner in the happy consolation that no matter what may betide, that your wife and little ones will have n "Home" fully paid for, which, through no other agency perhaps than this one (of 26 years) tried Institution could or would you have owned your own home; and all the management asks of you in return is the verdict, "WELL DONE GOOD AND FAITHFUL SERVANTS." Now, what about the 94 uon borrowing shareholders of the 40th Series! To you we will pay in CASH on Tuesday the 19th of January next the prin cely sum of How many of vou would without the helpfulness of this Institution have anything more to show for this $")3,100.00. "We imagine very few, if any, would have saved anything of this vast sum; so you too can feel extra cheer ful this Christmas. We ask vou to tender to us, the management of this con cern vour unstinted approval of "WELL DONE GOOD AND FAITHFUL SERVANTS vou have for 26 vears been weighed in the scale of justice, and honesty and have NOT NOW A WORD TO THE PUBLIC. We feel that you will note with satisfaction the statement that we now have in force 23,000 shares of a par value of $2,300,000 and our weekly cash receipts are about $9,000.00 and we have assets to-day of $950,000.00 and are now racing for the $1,000,000.00 mark which we-expect to reach by July next, at which long looked for consumation the management will ask a kind and liberal public to join it in a public felicitation function, and we feel sure, aye, we know that the public will join Us in celebrating that event-, BOOKS FOR THE FIFTY-THIRD SERIES WILL OPEN FEB. 1ST. FOR THK MANAGEMENT. ' R. E. COCHRANE, Secty, and Treas. .., .... , . - - yv-' fifik f 'w-.- -f THE FRANK Rex Flintkote Roof ins The Best For Leaky Roofs. For sale only by CHARLOTTE SUPPLY CO (We carry everything in Mill Furnishings . SEVENTY-FIVE 75-:-HORSES AND MULES-:-75 On Monday, January 4th, 1909, we will have in our Sales Stables between 75 and 100 good young Tennessee and Indiana Horses and Mules. This is the best lot of Horses and Mules we have shipped in the past several months. - Each Horse or Mule we sell must be as repre sented. r Terms reasonable. J. W. WADSWORTH'S SONS CO. "Vehicles and Harness, Etc." YEAR 10 YOURSELfWM AND YOUR AUNTS . . -mis';. . been found wanting. S. WITTKOWSKY, B. OOMXKS, W Pre cJ flSf . mm . ft II " ml m President Mm
The Charlotte Observer (Charlotte, N.C.)
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Jan. 4, 1909, edition 1
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