Newspaper Page Text
The State Journal,
v I .Tus KukUo,- in Stat Hoard of Kmlnliasn
i l'"V!rt?l i'oftontay aiiJ adjourned until
s Mondiiv, May, gist,
i- ti -- "
-fifciMiW'BftuWs rebuke to Uirun
BwrtnnM1. ' ymtcnlnjr wn jmt,
Hiiid rivhlr merited.
Au. honor to I.ffiH. Gv. Juhntoii for
'.. ( his manly protot against tliv passage ul'
the iiiitruitou hill leasing the Penitentiary.
Time ti Ul prove tha truth stated bv hiiii.
81, . Mo. 1)iTvf.i,l,i (he most niic.-est.riil
.Minister ol Finance the country tins over
had, ns beeu elected to tire lnited Stitos
Senate. Mr. lt'tcliardsun, hie lute assistant;
fs his) successor,
.11 ; i TilKtjKyitueof the Tribune do not
feem to be aware that thero is a wide dis
., tinetion between wit and Billingsgate.
1B- Their attempts at the former -.result iti the
West order of the lalter. .
HllO(MKnn contends ' that the
cmupetition of Ignoble convict ltdmr with
honest free labor, can not bo prevented.
ft l!ik ;b.fc mistaken. By to plan
upon which suob hibor is umicti on in
other localities where prisons, are, located,
tD?(l erYin , Wbntary .capacity
to skilled labor,, whereby it neither de
tracts from its rcuutuerutivcuessor its iU-
( What better nre1 th mechanics find la
"boiui of Carthage and -8t. Louis, than
hoof Jeffersiwi City, Mint they should be
prtrtaoted sjnlnst competition w ith con
vlct labor and not the latter? Will the
Senators and Reffrcsentativo. of the Jlis
. 514 refrMwClAllnf. If. theft are
not better, why should a discrimination be
made In the Penitentiary leasing bill, in
, V , QsRuf the worst cooseinin to our
rityor the credit system hi the financial
roana(CuMiiit of the Penitentiary is this:
It exhausts pur money market pi loanable
.H loans, tp the State, to the great prc-
'..Jndk'o of private individuals, and local on
(; terpriso and industry. True the few who
have hioriey to loan profit by the State's
nTssities..i But1' tha general public arc
not thereby bcnoHtted. For tho general
good then, we trust the credit svteru will
' Tttopped,-; c,.vio.: :.
Bruckueter conceived Hiat he
.hY1. giving the mechanics of this city a
r sharp thrust yestejday, when ho proposed
In a vein of -sarcasm to insert in the leas
. 'S Wll a ebnsa that convicU should not
be employed nt Stata work on public
.buildings, etc.. His proposition should
hare been conceded. It is a well known
fact, that tho employment of convicts on
our .paldie buildings harotoforri has been
nBsentad. to only, as a concession to the
niggardly economy ot the State. -
Governor Woodgox Is unfortunate in
not being able to nominate for the offices
hi disposal, men of sufficient pojinlari
ty tat secure tlioir conflnnatlon without the
. fiercest .opposition.-. The explanation is
understood to be that the Governor has a
fashion ol doing somewhat as -he pleases,
and ignoring the wishes of would-be ad
Tvisfr and Doinooratio otitieians.- This
s 1 right, parlJcularly If he is lu (lie right
;t& 1M) g'tth non-e to stand up to'it,
which sums of liis best acqiuiintnnqes seem
to doubt.'. But wo shall see what we shall
.CfclU probabilities are, from the tontrof
VW .York .dispatches,, that both F.oster
and Stokes will, on the scaffold, pay the
, 9&4& 'ot. 'juimm with which they
stand charged. The former is to be hung
to-dayt'J' 11 - i- . '
There ii an intense' anxiety prevailing
th-WlMr,rakiMf New York society,
however, lest they may yet evade the' Just
punishment their deeds merit. Thoy per
sist in asserting their innocence. But tho
. imjjuiiii) nn wnjen crime stalks mo land,
Hecqut lo dpmsiid an txnmple of some, one,
'and were these persons as innocent as
babes, It uf a debt they owe the good of the
, nW$ toMrnlKh ft., This may bo a cruel
fl!hMosopliy but It is an excellent one..
.. : if
!"Mit. Wai.i.k Tomo has resigned his
jIc a Factor. . In tho brief period oi Ills
-reign be reduced the expense of prison
suppliejiy dollars day. The cost of
subsisting convicts before bistliuelv ad
vent, was twenty-two couts a day, each. Hoi
put I down to fittoen eento a piece, per
dayr "At feast we gtcan this nitvh fmmhU
pardonabla' bit of selfrglnrifiontion, with
whicji he signalizes his departure irons of
fice. Pcrsuming it all to bo true, wo stub
bdraly iew to give In our assent to the
acceptance of his resignation. We know
hiwiWbisi;icelleuey, tldeui aufUcient.
We know that Gllmorn can't begin to do
i .Well i tliis-r-eun't near reach so high a
standard. Nice, trick that, of puttlug In
tValler Young just long enough to show
howthtngs must b done, tofix tliedegroe
nf bucuu to Wreachetl... Future Factors
will irnDk shf example mid. follow slowly.
Good-bye Waller I ..Adieu!
"How blessings brighten as they take
"tot, turtrrENUKs:, Ge Om-ltrefl, ami
apteral ot her distinguished frWroU of utlu
ol Too, have been in .the yly for several
Amm i-l l 'Ar 'l jMi.r..li,n u,. I
cMmdfifixfftMCk h(ithP the support of
our Normal acljooliy put yith iudiflereqt
" suiress'.' by the wayj speaking Of Oils,
matter reminds ns of a scene wo witnessed
the otlwy ,day liat touOied us wftb pfty.
A .4lt'tt'fiilnittni Aha. Ua given -his
tulvjit.ond, i)l fha Jfecst year of bis life to
the ', m-viip -of the DeiuocmtUi party, is
sR'iidiiig ff w days hi the city, making
obwrvatioas and Inking nooss of the trull
wtrt:)l which n o iniy wd) lajajf-
In lie promised himsclfgrcat satisfaction.
LBut tlm other- Liy-.-ontttlibig--erniTed'
Which brought vividly beforohim the pain
ful truth that all his time and talent in
bringing tho Democracy Into power had
been spent in vnln. To hnvthen wit
nessed the exhibition nt hisdispalr Burl dis
tress Wonld have melted th stoniest heart
In tlin bitterness of his anguish lie ex
claimed aloud, " Oh, my God, has It enmc
to this P b it for this 1 have been working
and spending my days? Alas I Alas!
We give him our sympathy, but he refused
to be comforted, uud we kH him alone
with his grief. ,
Tilt leasing of the Penitentiary would
scarcely be deemed necessary if the De
mocracy had a man in their ranks thev
were conltdciit was eompeteiit to under
take its management. It may not bo a
flattering reflection to the many aspirants
for the place of Warden, but it is doubtless
an iuevitnblcono. Seriously, there ran be
nnoblerthm to leasing the Penitentiary, so
long ns the Warden has power to give the
convict protection against hardship and
upprtrssjon; and the state gets a fail- share
of tho pineewU of his labor. It. is in short
the policy uum which the prison hs man
aged nw. The Joint Committee of both
Houses ree.ominended that it lie leased to
one party. Why? D.iulitless Uio nggrc-
gute of whiil several iaities would give
tor it would exceed what one would give
for it. And why attempt to abrogate the
contracts of the parties now holding lenses
of convict labor ? What if the Attorney
General does say they nra not valid and
binding. Bettor judges of the principles
oriaw than he, say they nre. Hut the la
bor is too chven is not let for as much as
it will bring. How is this determined?
There are live hundred com lets remaining
whose htbor is not leased. Why not see if
the labor of that five hundred will bring
any more than that of the two hundred al
ready leased ?
Sf.- Vukk financial circles have been
greatly agitated lest the retirement of Sir.
Houtwell was to be billowed with a change
in the financial policy of the Government.
But their fears have lieon quieted by the
assurances of ths President, through a
Humid correspondent, that no diversion,
and no now experiments in the financial
policy of the administration mo contem
plated, and that consequently no distur
bance in tho business affairs of tho country
is apprehended. Let well enough alone
is a good Vule-until wo arc sure of some
thing better. Ho change is contemplated,
witb4he retirement of Mr. Boutwell,- in
the general financial policy of tho Govern
ment. Tho system pursued ha met with
the approbation of the country, and with
that he was content.''
In other words, we are nssured by the
President that while as heretofore our tax
es have been decreased, the liquidation of
the public debt will go on ; that while our
public credit has. been enhanced the inter
est on our public debt, will bo reduced.
At rh'a samo line tho improvement of our
currency will continue until brought up to
an equivalent with specie Truly, our
national prospects are bright and glorious.
Wore our State administration only in har
mony with that of the nation, w ith what
bright hopes would we not anticipate our
future. But let us not despair. A better
day is dawning.
We onoo more kike the liberty of pro
testing against the passage of the "leasing
bill" iu its present shape. At least lot that
clause which permits the employment of
convicts outsidu of the prisou walls and
within an area of five milos of the Peni
tentiary, except on State work, be stricken
out. Wo ask thus hi the interest of the la
borers) and mechanics of our city. Thero
is no more Justice in compelling tho men
who earn their support and the daily bread
of their dependent wives and children by
the sweat of the brow, in the City of Jeffer
son, to compete with the labor of convicts
than there U .iu driving tho sons of toil of
other localities to the same ungracious ex
tremity. Why should couvict labor bo let
to build houses in Jefferson City and not
Jn St. Louie or St. Joseph? We know that
it is ny the Uilxn- of the convicts at wages
alone that the Penitentiary is to be made
scU'-sustaluliig. Wo do nut ask that con
victs shall drone awuy tlioir prison lives
in intolerable Idleness. We know they
will be far happier at "work than shut up
iil tlicu' dreary veils. .Furtunately such an
alternative is uot necessary. Let every man
ublu to bundle aliauiniar, swing a pick or
drive tt drill, be put to work fill tho quar
ries, and cover tho walls and bring the
work of extending the walls and complet
ing the shops to a speedy conclusion. Do
this, and if Jlr. Sebree, the Warden, and
Mr. Kuthven Ids deputy, are the thorough
officers and oompetent business men tliey
shoiild be, we uiny rest assured that,
ajrnmet the return of 'the.Lcgislaturo next
winter, the prison will stand on a self-su-tahiiug
footing. , ,
It is over two years since the great re
form party of Missouri ascended to power.
One term of Hs administration has expired
ami tin tost ol a second term has been
madov And uow what is tlie vordlctP The
first term resulted In increasing the bur
dens of taxation ;Andaddiug $V),iJ0O to
the precetling biennial expense of tho gov
ernment. At no timo In the peaceful his
tory of the State has the spirit of lawless
ness, reckless extravagance, and wanton
debauchery to completely possessed and
ruled the hind.
'I ha advent of that party to power seem
ed die signal for the uprising of the demon
of the mob.' ' But we refrain from a review
of the sickening details. What Utter is
the prosoecj Mhty P fWhat'great reform
has been aceomplMied, or oven attempted
by .tbie; "great rcjnu" lmiry'a, vevr ad-
niinlstrntmP What is its record I It has
sent reareauntatlva to th Miniate of the
United States uiutertlie imputatinu of brllv-
erv an investigation has failed to shtikeoff.
It ha spent time aud the people's inunoy
in faiiliironade and folly, and lull nopriu.--
ti-il reiilti lint iieproveincut It
added to tho school law, to the road law
to the- mvenne law. to the criminal law T
What lias been done in the Interest of pur
State charities, the cncouragemoirt, of in
ternal improvements, or lor economy In
tbefMPiitmn of the jaws? " The legisla
ture has Incurred an expensiof at least
Saaijum to the tax-payers of tiie Stale, and
we challenge a reference to a singlo net
that entitles It, in candor, to arrogato to
itself tho faiutcrt scmblanco of a reform
party. '". ' f
lVrhaps we should pauo here to do the
mrty a singlo art of justice T Several or
its luostdistiiigiiished leaders in the House
of Representatives did advocnte a "reform'
measure whereby the mechanics nud la.
borers of all parts oi the suite were to have
the privilege of meeting and competing
in their respective homes with the convict
labor of tho Penitentiary. It 4s strange.
however, that this reform measure lost all
lis merit ns soon as it ceased to be In the
interest of "Thompson & McXnhh," when
Its benefits were olTurcd to the highest a,.d
best bidder. . ,
But the record of the "reformers" for the
first of a renewed period oi trial Is made
up, and is before the country, anil we now
nsk what have the people to say to it? We
venture we can anticipate their response.
The ease is not hopeless. Then' is the in
telligence and integrity among the people
to save and rule the Stale. They havo-onTy
to make a grand and desperate rally and
their broken fortunes- will be retrieved,
and to eommenco tho move is Hot too early
now. Once more let the camp-fires of our
councils be kindled. Let the utmost watch
fulness be employed, and noue but tried
and true men placed (in guard, Let no
duty be neglected evon iu the smallest
inatturs evon In local management for
we may be assured that the lightest trifles
will havo some weight in giving encour
agement to the impositions of these whilom
usurpers of authority. Let no opportuni
ty be lott to give them an emphatic and
Several Weeks since, as ti matter of
current history, we made mention of Bis
marck's famous order, nuder which teach
ing by members of the Order or Jesuits in
the public schools of Germany is forbid
den. Wo neither approved nor condemned
the order, though we stated that tho the
ory of the Gorman law upon Which the or
der was based Is that teachers of children
are the servants of tho Stato, whose duty
it is to inculcate devotion and obedience
to the laws and institutions of the country ;
and in the same connection wo stated that
Bismarck's reasons for the order mention
ed wore that tho members of the Order of
Jesuits to whom it was directed were ser
vants of alien authorities and taught alle
giance to those authorities, instead of to
the government and institutions of Ger
many. We concluded the mere casual
mention of tills matter of history with the
question: How long will it be ere the
rights and liberties of our government will
demand tho interposition of similar states
manship in our behalf P
Upon this the Tribune of this city, with
a mendacity that is characteristic of Uio
sheet, smarting under the castigaflon we
had inflicted upon its proprietors, in a
paroxism of madness into which It was
driven by Its hatred of us, proceeded, on
Saturday last, not only to grossly and
basely misrepresent us, but to wickedly
taisily the Catholics of this country.
It was noted with pain, not ouly by us.
but by other friends of theCatholic reliirinn,
that the Tribune invented an unwarranted
meaning ior our remarR, apparently for
tue mean and willul purpose of convoying
and spreading the false impression that our
Catholic teachers do not teach devo
tion and obedience to the laws and Institu
tions of our country. Perhaps the Tribune
editors in tlioir grass ignorance do not
know better than this. We do. Some of
the purest lessons of patriotism with which
our younger days were blessed, came from
tho lips of a Mother Superior of a Catho
lio Academy. All over the Union have
we Catholic friends whose patriotism and
devotion to our loved laud we shall always
defend from so foul au aspersion as this of
the Tribune. :. , e
Now, what was the plaiu import of life
little paragraph which the Tribune pro
uounces au exhibition of funatioism and
intolerance P Is then the matter of teach
ing obedience mid devotion to tho laws
and institutions of this froo,' God-given
laud of ours, the very laws that seonre to
us our religious liberties, so trifling that
watchfulness against teaching treachery
and disobedience against thorn may uot
be invoked 1 We are aware that the rev
erence of the Tribune for the institutions
of this government is feeble. We know
tluit seldom, indeed, will there be found
in its columns a line or a word Inspiring
greater love of country, or appealing for
closer wawniuincss over our liberties ; and
doubtless we should expect when we make
a venture of the kind to bo denounced iu
return as prescriptive and fanatical. But,
bore, where wo are known to have as
much respect for the rights of one religious
denomination as another, nil efforts to mis
represent us must react to tho shame of
their. authors. . ..
Perhaps there' is no subject which so
Imperatively demands attention at the
hands of our Legislature as that of provid
ing fur tii financial management of the
prison. - The first thing to bo done is the
adoption of a safe-guard against the abuse
of the power in the hands of the Jf actor to
incur liabilities. The Governor's message
on this subject on Tuesday last, was-appropriate,
though a little lute. From au
examination of the law it will appear that
the Factor is under no legal restraint wliat
ever, exi-ept such as is contained In a
bond to faithfully account for tho money
and properly that may come into his posses
sion, This he mil' easily do, and at the
same time perpetrate ujion the Stata tho
most enormous frauds. That the late Fac
tor was guilty of such frauils we do not'
say. But it 1 (suite apparent that he was
guilty of grnu extnivngiinees.
Now, In the management and discipline
of the prl'ih,.l!ir Wai'V'U 1, to sonic ex
tent, under the supervision of tho InspoeJ
tors. Why not extend their authority to al
supervisory control of the dulios of tho.
Factor P Why not subject his transactions
to their approval or disapproval? XCU.hef
iruc mat u gentlemen wiit) oonwltutr th,'
Hoard of Iupoetis, the Treasurer, Audi
tor and Aitoi-nojr General, nrsf. nlrtady
niiroonoii witn all the duties in justice they
slum in no cnurgod with, then another su
pervisory board should bo created. Wo
are aware Unit Bomitor Belch proposed a
remedy by requiring all Factor's bills for
purchases and expenses to be audited by
the Auditor. But whether such a course
would give a remedy, Is doubtful, unless
every such bill should be subjected to the
Auditor's approval or disapproval, which
wonld impose Upon that officer an undue
proportion of .responsibility and htlior. It
is a wrong impression with some that the
Auditor's power embrncesauthorlty to dis
allow any and nil claims presented for
payment, even though in his judgment
they are wrong. In many instances the
approval or a bill, say by the Governor,
or Treasurer or KegisUir of Lauds, leaves
the Auditor with no alternative other than
to draw his warrant. Our impression is,
therefore, thnt a Board of Inspectors can
best accomplish the purpose iu view,
The next most important tiling to do iu
connection with this matter is to provide
lor the payment, not only of tho accrued
indebtedness of the Penitentiary, but its
current expenses. . It should by no means
be suffored to repent the policy of the past,
of purchasing supplies on a credit or with
borrowed money. Though, il supplies
nre furnished, we cau seo no reason why
tho evidence of the indebtedness therefor
should not be given In tho shape of the
Factor's note, notwithstanding the Gover
nor inveighs ngninat such a transaction.
It very frequently occurs that tho Factor
is compelled to obtain his supplies from
those who must cither have the money for
them or n note, or other evidence ol In
debtedness for a collateral upon which
money can bo obtained. It is tho credit
system that gives riBO to the evils com
plained of, and Factors' notes nre a miti
gation of them rather than otherwise.
An Appropriation for current expenses,
either of a sufficient aggregate or of an in
definite amount, should be authorized and
its proper disbursement placed under the
protection of a trustworthy commission.,
In all roorcy let ift hot be compelled to
again witness an exhibition of dishonored
State paper on the streets and in the mar
ket placos of our city. Every member of the
Legislature should lie impressed with the
sense that such a spoctaele is a personal dis
honor upon him, ns it is a cause ol shame
to every high minded citizen. Of course
ha who is careless' and indifferent to
his own personal obligations will Insist on
a similar policy for the Stato to adopt.
As The Journal has 'had somewhat to
say of Governor Brown's connection. With
Penitentiary speculations, it is but just to
him to give placa In our columns to his
letter on tho subject, which wo find in the
St. Louis Globe.
Uplands, Ino.y Coitstv, March 15, 1878.
To the St. Louu Globe: ......
Living somewhat remote from tho cen
ters of news, my attention lias just been
called to some articles in your journal thnt
seem to requiro from me a reply. Had
you taken the trouble to publish my testi
mony beforo the committee in regard to
these mutters, this would not have been
reporters as the part that was published,
and why it was not done will remain as
an inquiry. In the Globe of the 11th I
find in the report of the Joint Commlttoe
on tho t'cnttentlary the following extract:
"The Factor was authorized to make a
settlement with Kliziihcth Guun. bv 'irlvlmr
her credit upon tho books of the 'Peniten
tiary ior .u, wnicn your committee was
ojoplnion was to be n. complete settlement
of all demands by her upon tho State for
stone taken from her quarrv. Tho com
mittee inni mat me w anion anil Factor
hnve allowed, in tho settlement of said
claim as shown by tho books of tho Peni
tentiary: By wall extension, 8108 50; by
rock furnished by Mrs. Gunn's qiiurrv,
$420 60; total, l5w. No stone has been
taken from that quarry by the State during
the post nine years. From evidence be
fore the committee it appears that the Su
perintendent in chargo of the construction
of buildings on Madison street, in tills oitv,
ueiongiug to the (una estate, was uaid
out of the Stato Treasury while so em
ployed; and that the team work and bills
for time used on said buildings wore also
paid out of the State Treasury.'! i ,
This is untrue in more respects than
one. My only relation to tho estate of
Mrs. Gunn wasasoxecutoraftcrherdiiatli.
am) as trustee for an Imbecile daughter to
wutiiu tuu property in question was lett as
a snooort. llor death ocoiirred when the
houses were almost complete ; my letters
testiuicntarv Ieur date long after. As ex
ecutor, I adjusted hor accounts, amongst
which was this with the State Prison. She
hod employed somo labor there, and had
agreed to pay for it the same price that
every one else paid, and her estate is so
charged on the books of the Peuitentiary.
She made this building arrangements be
cause the State owed her some money, and
she preferred to bike It out in work. Toe
amount due was large; the settlement
small. As executor, I accept the state
ment of the officers of the prison, that thoy
had agreed to allow her six or seven Hun
dred dollars In full of her claims, amount
ing to several thousand dollars. I had no
other Ma to go by, aud had to accent their
word for the fiurt. . t . .
It is stated that the Siinerluteiidont in
charge of tho house was paid out of tiie
State Treasury while so employed. -This
is disingenuous and leaves a false impres
sion It Is true, lie was at that time, eiu-
as an architect at the, Prison ; but
le was also employed as City uglneer of
Jefferson City. II was engaged in the
real estate business, and in the Insurance
business, and there was no more reason
why she (Mrs. G.) should not employ liiin
than the thortsand others who availed
themselves of his. services. The iiisiuun.
lion, unexplained, js unworthy of the com
mitteo, especially when the testimony to
those facta was laid before them.
It is said that "team work and bills for
time used on said buildlugs wore paid out
of the Stato Treasury," and really if the
prison was to charge for its work I do not
sue how It could have been otherwise. But
oven this is uicorrnct. The receipted bills
for the team work to "Mr. McCill" wore
put iu evidence before tlio committee. The
"labor" was, of course, an ucoouut
against the estate, and stands so charged
now to the aiii"init of ifi.VHi. That it
h is not been paid Isjiuiuk.iuviag to-Oha
dn,h of Mrs. O. ; to thefaet that her es-
tate has gone into probate, and that the
exoenfor lias had no authority to pav tbi
account until it was probated bv th tinlln
tyX'odrt. Any Inwyor-lll toil vo that
much pf law If you nro '-doubtful iu the
premises. J he estafe h perfcctlj' gooi
tor tho amount of all labor so cnnil, ...!
and It w ill, ir course, be paid when pro
bated It yill not be paid before that time.
Now 1 do not sou in all this anything
mat justiiics rue language ot your article
1)1 .narrh I .tin to tli following nftYdt;
"One of tho most unpleasant features in
tho whole uupleasaut -biuiiuwe is Urn eon
ncrtlon or our late Governor with serious
abuses in the hiring of prison labor. The
language or the report Is most circmnstnn
tinl. and its charges nositive And iinnmitl.
fled, nnd yet wo refuse to yield ready crw
dence to them. If only for the sake ot onr
State, we are reluctant to admit that a man
whom Missouri has honored to her utmost
a man who, holdinir a hhrh and con
spicuous position, has been most earnest
and zonlous in tho defense of honestv nnrl
purity in administering: the public affairs
could turn from his high profession to
ine cneap ami contemptible villainy ol en-
riehing himself by the plunder of Oio state's
felon labor. It is charged that houses
were built on his wife's property nt tho ex
pense of the sfntf, with materials and labor
tiinitshed from the 1'enitonUary a charge
which. If sustained, would make him not
less guilty than the convict laborers.
"We ask our readers to suspend their
itingniHiii on incsc enarges until niter hear
ing both sides. Thero is cnongh to con
demn the past management without taking
urcu in .iiij ouc jiartictiiar insuinee. in tact,
there is not one feature connected with the
management which Is not as bad as it can
possible be. There is not one, word tn l
littered in extenuation of the conduct of
the officials who hare permitted thenbiwes
disclosed to grow up and continue, ns
there seems to have been ho single precau
tion taken to protect the people of Missou
ri against me rascality oi those to .whom
Iter interests were Intrusted." .
I thank vnu for the courtesy that sus
pends a judgment in mv behalf nsrainst
charges that would be most singularly
au-ocioiis ii irue. inni 1 cotnu. De guilty
of sacrificing a long public life, which I
flatter myself has been passed without any
taint of impurity-, for the sake of securing
a few hnndred dollars of the public money
out of convict Inlor, would be strange In
deed. Nor Is thore the slightest founda
tion lor anv Such charge,
Tho whole statement as nrcsented. nnd so
far as it touchos myself, is entirely with
out excuso or foundation. As before
stated, the only account with the state is
lor labor, and that has been properly
audited. The material was all furnished
from St. Louis. ' except what was mir-
cliased and paid for in Jefferson Citv.
The bills evldonciii'sr those facts were for.
nished to the committee mid held by thnnJ
mj oo eutirciy satisiacrory. . ine euort to
connect me with these matters, oven in an
indirect manner, is also entirely illusory.
My wife has had her portion of the es
tate of Mrs. Gunn willed to her outside of
the Lity of Jefferson, and any remainder
she might have in the property iu question
is contingent and exceedingly remote.
Besides, if the labor renders is paid for at
tiie same prices that were charged the
"Madison House" and various other out
side employers, I do uot seo how it involves
"any cheap nud conteinptablo villainy,"
such as you have suggested. I had noth
ing to do with tho contract in the first in
stance. The prison labor was locked up
iu the colls. The authorities were glad to
hire it out at any price, and if they "got as
mu1i for it as was paid for skilled me
chanics inside tho prison walls, it would
seem to have been for the interest of the
State to so employ them.
One or two otlior words before I close
this communication. It is a very easy
tiling for a new administration, coinin!'
uto power and anxious to iret the Puni-
tcntiary oil' its bunds, to set its instruments
to work to decry past management. It is
nisg a very easy task lor newspaper re
porters to get mi a furor against a Denal
establishment that is an expense to the
State, and make out a lonir catalogue of
misdemeanors on tlm part of those in office.
trusting Unit the tux-payers will be glad to
swallow all thoy say. and accept their
charges as gospel. Now, in reply to all
this, I desire simply to put myself on re
cord as asserting that a more prudont,
economical, faithrul and thoroughly dis
ciplined management of the State Prison
has not existed for a long time than that of
the past two years. More men have been
woi Kcti, more work has been dona for the
State and contractors, better regulation of
prison labor has been enjoined, aud less
dissipation tolerated than in anv past time.
I will say also that the Warden and the
Deputy Warden have done their whole duty
iu the premises, and you cannot lind any
impartial mau about Jefferson City, fa
miliar Willi the transactions of. the prison,
who will not tell you that its condition to
day is Infinitely superior to what it has
been heretofore. There is nothing in any
of the credible testimony before the com
mittee that touches the conduct ot any of
them. The accounts of tho Factor were
oxnmined at length by the last Legislature,
and Were found eminently in the interest of
the Stato iu all his dealings, Nor do the
oommittoo undertake in their report to as
sail any oi the gentlomen in question. -
The simple truth is, as evorybody knows,
that our present prison- system Is a dls.
grace to the State, and no one is willing
to shoulder tho responsibility, whilst lew
are ready to vindicuto the expense neevs.
sary to put it on a better and more humane
footing. , I have advocated that change
from the outsat. I do so still. I say that
the system of leasing now proposed is but
a barbarism under the guise of a thin
economy, that tea years hence we shall be
ashamed, as a, people, to have eror
tolerated. To ignore all the claim that
orinie has upon society for reformation
and seek to make money out of it, as a
substitute for our duty, is one of those
tilings that will entail a vengeance npon
our community' if there is a God in
Heaven. , , .
Sorry to have troubled you in tills mat
ter, yet feeling oalled upon to repudiate
aspersions upon my owu character, I shall
ask you to give this publication ; and also
ask other journals who hare indulged in
like criticism to do likewise , ., , , t . i
. B. GBATZ BKOWN.
The County Attorney of Andrew county,
decides thnt the township organisation of
the county was not adopted by the re
quislt rate, at the last geueral election. "
Twenty-Qvo thousand dollars of Pettis
county bonds have In some way been nn-wai-rantly
put upon the market, Thoy
were authorized to. be Issued in payment
uf stock in Uio.Teo and Neosho ltuilroad,
on the completion and operation thereof to
tho Cooper county Hue. An investigation
Is to be had.'' ' ' ' ' '
' A survey hiis been made at this place
within the lost week of the depth of water
in the Mississippi river, ami distune from
thesurtaee to th bed rock. ' On a line
from Maine street across the river, 2iK)
feet from shore, the water was found to be
-U-M feet- deep, -and from the surface -of
the water, 40 l-ll feet to tho bod rock.1
rlTO BTonigo depth across tho river fmfn
tli top of the water, or lee, to the rock,
Was 28 feet, and the greatest distance to
rook, was 40 1-2 feet, and deepest foiiui4
lent. Alrxamlria Commercial.
III the Supreme Court "wf nrfCsourl,'
January Term, .lflfjKK..,..
Mary Vummings plaintiff in i-totCm. F.
M. Cumminy admiriinlralor of the cttnit
of Jttmet Cummingi, deceased, defenHiinl.
in error. Krmw 6i Onmm nrM.. I1
OPIMOJf or r1! COURT. ; ,11
. This was an application by Mary Ctim-
mlngs, widow of James Cummings, de
ceased, "lor personal property of said es
tate to the amount, of four hundred dol
lars." On the hearing of the application
by the Common Pleas Court of Cass coun
ty, a court possesed of probate juristlie-f
tlon). It appeared In evidence that there.
was then of the ostate of the decedaut notes.
monoy, etc., in xoes ot i3,(ioO, IncluditiV
me promissory note of the- hdministrator
himself, : which, , Inclusive ,' of interest,
amounted to, over the sum, of t00. It
was also shown by the sale bill, that the
personal property hod,, been sold for
14(1 GO. - This wan all the testimony. The
court refused, to grant ,tne application,
aud after moving unsuccessfully for a new
trial, the "applicant carried .the case bv
writ of error, to the Circuit Court of Castf
county, where the judgment of tho Com
mon Pleas Court being' ' affirmed, she
Di-ings ner.casc here by writ of error.
ihe application In thia case is bused
upon S tj 85, $6, and 37, p. 88, vol. 1 Wag
ner's Statute, which are Identical, Bave. asl
to amount, , with f f HO, 31 and 32, of the
administration law, of 1845, under which if
was held by this court In Hastings vs.
MyerV Administrator,, 81 , Mo. 619, that
the right of the widow to (200 worth lof
personal property, was absolute did noi
depend upon her election, vested in
mediately upon the doath ol hor husband ;
was part of her dower, expressly mado'so
by law, and In case tho porsoual property
of the estate was converted into money,
and the widpw died without receiving her
portion of $200, her administrator yvould
be entitled to receive such money against
creditor of her husband's estatou ! . i . i
Thero is no formality about the appli
cation, nor need it bo in writing, nor will
it be construed with technical nicety. If,
however, the application1 bo hot made
until after sale of the property, the court
must ordor the' money arising from the
sale, to be paid to the applicant. ' Aud the
right of the widow will not be at ah affec
ted, because she applies for personal pro
perty after the same has beon converted
into money, provided she make her appli
cation prior to its distribution or payment
for debt. The words "appraised1 .value,"
in 35, supra., wer only designed as a
moan of valuation, In easo the widow
ohoso specific articles. .
It has been urged here in argument that
the term "personal pronertv." employed
the last named , did not embrace
choses in action, but merely property of
that description which is ordinarily the
subject of administration sale; but that
term is of a much wider signification, (2
uoud. L. Diet. Silt). . .'
The law favors unlforraitv. Tho Wis.
lntiire certainly never intended that, the
widow's right in thlrTcgard, should de
pend upon the accident of her husband's
dying possessed of horses or cattle, instead
of notes and bonds; But th act iu ques
tion is too plain for further comment;
perapieua vera nan Hunt urobamla. Tlm
judginont is reversed and the cause re
manded to the Common Pleas 'Court of
Cass county. - The other judges concur. 1
' - 1 T. A. SiirrwoouI'
Catted States Dlslatnt Court.
Thukhday, March 18, 1878. United States vs.
J, tt. Bains. Forfeiture of raeogulxsnce. An
swer to soire facias Died. ' - . ; '!;
W. H. Roberts, petit Juror, discharged. '
-FaiDiT, March 14, 187. United States vs.
Jim, B. ate Cor. Deftntlaat and recognaoce dls-,
charged. ' ' . " ' ' : - '
United States vs. John Adams. Defendant
and rocoguance discharge. , ; ' ' . , ;
no. aw. United States vs. G. C. Wooldridm.
Indictment for retailing liquor without paying .
special tax; arraigned; pica of "uot guilty"
eutorcd, ,, ., ., t .,;... ., ., ,
United States vs. Joshua Stephens on nooav
nliano. , Forfeiture of reeogulzauea. Notre
Aulas ordered, returnable to September term,
WW., i - t-i -... ! r- .- ,.i. .
United States vs. Iquata Heritor, same order.
United Suites vs. Thos. II. Flanagan. Indict,
mcnt for selling liijnor without paying the spo
ols! tax. Fins f80 ami costs. Personal recog
nizance for $1,000, and ordered to appear Sep-
tember term, 1878.
Na. 834. United States vs.' H". B. Foot. In-
dlouncut for dotalulng and opening a ktter.
Continued to Msroh 85, 1B78. Witnesses Disced
under recogulxauce to appear lu -sum, of (olio
each. . . . .v - i . , - ,..
Albert Mutisel, petit Juror, discharged.
Satijuday, March 1A, WIS. United Suitsa vs.
Dan'l K. Souuders, Indictment lor einbeasllng
the moneys of tin Lr sited States as U. S. Deputy
Colloetor. Ordered to eater Into bond lu the
sumoftl,MUfor himsehT.and tl,000on the part
ofeach of his securities, - - i' '. ' ' I
United States vs. Joseph Chlira. Initlctraont
for selling liquor Without paying special tax.
Arraigned. Plea,, "guilty. . prdered to aiipagr
Scpteuibor term, 1H7.
Monday, March 17, 1S78 Orand Jury eau
Into court and make four praseuteienuv ,-
. United States vs. M. L. Uulu lndkitaMM for
reulling liquor wltltoul Dayfiig speeial tax.
Arraigued. flta of "giillt."' Ordered to ap
pesratSsptomlMrlerai.ima. .. . -. i
Uaiuxi States vs. i. J. Gordon, same order. - i
Uuiusl States vs. W. P. Wilson, Mm order.
TUKSIUY, Marob' W, IB78. United States vs.
B. Uoyl. IndWttueat for falling to obliterate
marks, stamps aud brands on easka aud packages.-
Evidence ami argument cloed.
Judge Krekel sharged the Jury as follows : :f
The Imllclinont ehargos the defendant, Ileo
Janilu Iluyt, with euiptying aud drawing off dis
tilled spirits from divers casks aud packages, on
whluh marks, stamps auil brands ware aillxed
as requlni4 by law, and wliii ankiwfully and
feloniously falling aud neglovtlng to elTsoo aud
obliterate said niarka, stamps ami bramb at Ilia
time of emptying aaid casks sad paekageir caus
ing It to be skins contrary to ths statute. -. ,
The testimony shows tlie defeodont Was, at
llm time he la charged Ui hnvn rmnnirltil the
J pounder, dolsji bnsliipss at tM, JoeplirHiKurl i
pirns, known In the trade as Columns sulrlts ;
lhth"ot Sail shn.'1'Wl Htdnl to'varlmu siduou
keepers, as whisky, brandy, rum, gla ami other
VMM -wiar Wulorhrfonl Hl-tairf, Jnakp on
them, without having them awiln gaiwil and
Insveetsd, sod a wholesale llniior lrskn stamp
afflxwl s reqnttra-or etiDitlonmlcrs.
Ihe taw, deans a eompouiider KHf isSmon,
who. without rull0Hnx, punfyhsfoT reHaliig
dltlilknl- spirits slmll, bj mixtlii feuttr'hpirlti,
wine or other liquor wlUinjrssterisls, insnu
fwtove any -spui lous InttallDitr or DunrAountl
.liquors .for sthM antler-the -mm' ef whiskr.
brandy, gin.j-um, wine, spirits, cordial, or
wins-bitters, or any other pane, ,i w
The testimony, show that the. plrinknowu
k WwmraU lfcif lriW'trs.li.llil.kv.
brandy, gin, rum or other compounds, are silul.
temtieni nil b,istacf priut or cologne
spirits Wow proofc, iftiing Water," aud hi
grodlcnts. to.givn color and oarer.
As the reduction of spirits below nroof ne
lieMstatcs Uls drawing off a certain portion of
tne contents or a package Oiled with, proof
spirits, it Is contended that such drawing off, no
dllTorrncelu what quantities, requires tho effac
ing M -oblRonrtfng thrfcrhrloitl sHtnp, aud
uulossdune at the (true of iieiifcsiifkoir,
thereby, or not, U nrtyVfwdiuj brings
himself within the provisions of the law.
This Is denied by die defendant, who claims
tlist (be stamp Is tobecftacul orohlltenitt)oiiry
When the casks or, package Is anptisft tn tno
usual acceptation of the term. The unction if tho
law under which the defendant Is Indicted, rends
""k'.' diltr et ejorr; person who-
imptles or drawa off, or causea to be onmilfMl nr
ntru off Vinbmrtlfl-jrii4j-.k or.
package, boarjiuj any mark, , pnwdjOf gtauip re
quired by law atlba tlnto of emptying saWi cask
or psokago, to efface and obliterate said rtoirk,,
stamp, or' brand," In doftiult ' f which ths
package shall be- Ru-fellod. It further pro
yidos v-tawry; rllroa4 c,r.',otlior trans
portal ion company bavlng In Dowewloa with
thtebt to rnrnkiiort uca - caipty kask
or package or any part- Uiervof. having ttiereon
any brand, mark or stamp required by law to be
ptaceu tnereon," Shall forfeit three hundred dol
lars for each packegt.'or any tiirt diereo'and
any person who shall fltlt or neglect to oAaWand
ablitrata said mark, stamp or brand at. lb dine
of emptying sutrb oask or package ( or Who shall
receive any seen cask or package or any part
thereof with the lutein aforesaid, aball bo deem
ed guilty of felony.? . Yuu will obsorv that the
language of the law is "empties or draWs off any
distilled spirits from a cask crmikugei" -Tlio
word fany' Is aOnstraeit.'s )phbto-to-tlio
subject matter sml . not quanllty, and the term
"draws off" the court determines to mean a
gradual drawing off, as distinguished 'from tho
act of smptytng atpneo, giving the word."dmw"
the meaning as given In sneaking of the draw
ing -of. water, aim 4rwins;otsriwlaetrthat Ii,.
emptying by luaiagiautiM theoaiovor pnekagea
poniotissK Ui coolau from tftao4stbno until
tho suBte la nttiui 'fliiseoMtriietlon derives
force wbep applied to tlm fiusiness ofcompountl
Ing, In which the dt fendunt was engaged. It is
thebuslnoss ofieohipoundef to draw offpor
tions of a casft or package and sulfitltuifng other
material nud Ingredients so as to produce the
The prohibition BRnlnst the transportation
company la that they shall not transport oinntv
casks or packages, and not against transporting
casks or psoksges partially smptiod.. . It will bo
obsorred that In tho part of the section tliing
to flnef;approprlat langnago is employed to
snow that It ts tho falling to efface and oblltoratn
at the time when emptying tho cask or package
takes plfice, for tt drops tile word" "draws oft "
mid tho word "emptying"" alono is used. Iu
the gradually drawing off process a time is
reached when the casks or packago becomes
empty, and the injunction of the law takes effect.
The danger to tho collection of tlie revenue,-
which a construction such aa ths court U giving
you would oaiua, is more imaginary then real.
The law requiring the cancellation of marks,
stamps nnd-brand' is made for security against
the fraudulent mo of llieul and for the- purpose
of enabling the government to detect frauds, and
not to colfecft additloual rovntme. This is showu
by the (hut that when spirits are drawn from
casks or packages and compounded, no addi
tional titx Is collected.
That the' defendant Violated the law In bat
keeping his book, as required, and that ho auide
an Illegal use of tho stamps, casks and packages
originally containing cologne or proof-spirits.
there can be no doubt,- but hs Is oiot on trial for -
those offenses, and their development In the tes
timony was not aimed at In tho effort to estab
lish the defense charged. Thoy, however, bear
in tho direuMou of showing tluU fraudulent bant
of mind moro or less connected with all viola
tions of law. Tlie mannor of enterlng'recolDts
In pencil issmors'nduui; for months, when a
book form aud entry on the samedsv Is required.
aa well as tlie entries Afnsarlyall sales as proof
aplrlia, ought long slue to. have eausod an ex-.
ataiaatloniiite tboklfuiri of Uoya eatablishmelil,.
and Indicates that the government needs more
vfgnence- than bs been displayed if frauds are to
badetected, While thaao delinqusuoias have been
proiMirly alluded to, attention fs-now -eallod to. '
tbcin toteautlon you not to forgot that tho de
fendant is nut ou trial for Uwiut and tliat how
evor desirous you may bo to punish them, you
can not ffo so in this proceeding. The solo ques
tion for you to dcterinluQ Is th guilt or iuno
esneeof the dofemlunt iu blllng-to effaee and
obliterate marks, stamps and-brands at the tllon
he emptied casks or paekiigea havhig marks,
suuups awtbranda UunoAvasiuiuU-odiutlaw.
I rotieat that, the words "draws off" in the pro
vision of' the law making It tho duty of every
person who empties .or. draws off any distilled
spirits from casks pr paokages means a gradual
MnlptV'mg,Jandthat th ofiiinse of not effacing
or obliterating the stamp, la not committed until
tne oaak or package la emptied, either at once or
by a gradual procossof .drawing; It, off... Ifjou
sjiall be wilJsned froo. the Uttinion In th ease
tlist ca.k or packages were emptied or drawn
off by tho dcfcntTunt, orcmised to bo emptied or .
ilrawnpn bylihn (mitMhi construction given
l tha wonllag t tbaVlaVtuM sslteoet tef-
fliclisj or oli"liloruliugi the , marks, stamps and
brands at the 'nine', you should And tlie dclhud
ol imMtri otlierwiscyoii (tioikfaoqaft. .-(' I
Jury return, after brief deliberation, a verdict
of not guflty, and prhonor was discharged.
United States vs. W. 8. Evans. Indictment
for selling liquor without paying thj) loccisl tax.
Vnlt.l9rate vs. W. B. livana. 'indictment
for deUngulolno. without paying a sMdl
tax. Plea, guilty. Flue tlO aud costs.
WMakietUAT. 'Masck kVtfiJlV Blatni .'a.
thuile) E. Saunders. Order to enter Into recog
nlisnce In thesmm of 10,OM, and with t wo auro
tiofJu likosHim. , , ,
IK IIAaHKI I Ii 1
In tlie matter of l-onard Puubougb k Co..
bankrupt. Jbhh'T. rHiskMli Assignee, v. Wes.
ley 'f, elUu WUtion In recover, noaev rehl
wkUtii four months prior to btaliriiyv .lury
einiwiiiieilcd C'n heard Ui liart and con
llifiTTarmoHls Club have ut last dei'lded in.
give their ruodltl.m of "A Charming Woman" .
on Tuesday, March ?, 1878. , )t 1 a pew play,
and Is a very attractive, and amusing one. It I
comedy in Its pure miwmig.'aad knowing what
ajoeuse oonipsuy of pcrfurauirs.tlio Club is. ws
can vouch for a good evening's enjoyment, tk-ala
lursM ana aijinpniai prleea. 1 1 i --t i