Part 13 (2/2)

STATE OF NEW HAMPs.h.i.+RE.

IN THE YEAR OF OUR LORD ONE THOUSAND EIGHT HUNDRED AND SEVENTY-ONE.

An act in relation to the Penal Inst.i.tutions.

_Be it enacted by the Senate and House of Representatives in General Court convened:_

SECTION 1. There shall be a Board of directors of Prisons to consist of five persons appointed by the Governor, by and with the advice and consent of the Senate, who shall hold office for five years, except that the five first appointed shall hold their office for 1, 2, 3, 4 and 5 years respectively, the commission of each designating his term of office. Thereafter one Director shall be appointed annually in the month of June, to hold his office five years. Such Board shall have charge and superintendence of the State Prison, and shall have such power, and perform such duties in respect to County Jails, the Reform School and other penal and reformatory inst.i.tutions within the State, as the Legislature may by law impose upon it. The Board may, from time to time, elect from its own members or otherwise, a Secretary, who shall perform such duties as the Board may prescribe, and shall receive such salary as the Legislature may determine. The other members of the Board shall receive no compensation, other than reasonable and other traveling expenses, while engaged in the performance of official duty. And the limit of such expenses shall be in amount ---- to each individual, which shall not be changed except at intervals of five years.

SECTION 2. Such Board shall have power,

I. To appoint the Warden, Deputy Warden, Chaplain, Physician and Surgeon of the State Prison, and shall have power to remove either of such officers, for cause only, after opportunity to be heard in his own defense upon written charges. All other officers and guards of the prison shall be appointed by the Warden thereof, and shall be removable at his pleasure.

II. To define the powers, duties and compensation of such officers, except the compensation of the Warden.

III. To establish by-laws for the government of the prison.

IV. To provide for the purchase of all articles necessary for the use of the prison, or the health and comfort of the officers and prisoners.

V. To provide for the sale of all articles manufactured in the prison or not needed for the use thereof.

VI. To make contracts, if expedient, for the support and employment of the prisoners or any portion of them.

VII. To make all necessary additions, alterations and repairs within the prison or its inclosure.

VIII. To provide such books and instruction as may be considered necessary for the convicts.

IX. To draw its warrant through its Secretary upon the State Treasurer in favor of the Warden for all appropriations made by the Legislature for the State Prison.

SECTION 3. Such Board shall visit the State Prison at least once every month, and oftener, when thought necessary, for the purposes of ascertaining whether the laws, rules and regulations are faithfully observed.

SECTION 4. The Governor may remove either of the Directors of the Prison for malfeasance or misfeasance in office, after having furnished him with a copy of the charges against him, and giving him an opportunity to be heard in his own defense.

SECTION 5. All acts and parts of acts, inconsistent with this act, are hereby repealed, and this act shall take effect from and after its pa.s.sage.

This bill was presented and went to the judiciary committee of the House, a body composed of two ex-judges and other gentlemen of influence, all of whom favored it, some saying to me, privately, that it was the very thing needed. The committee reported it unanimously. It pa.s.sed the House with no opposition, and so also the Senate, the final vote having been taken when some private interest in Concord started up to defeat the measure and induced a member of the Senate to move a reconsideration of that vote. His move prevailed, and the bill was referred back to the Senate committee, before which this interest appeared in objection to the measure, while friends were present in its advocacy. The committee again reported unanimously in favor of the pa.s.sage of the doc.u.ment, but on taking final action it was postponed to the next session of the legislature.

Here was the point where the story circulated of the warden and chaplain quarrel, that this bill was the embodiment of certain peculiar notions of the latter which he was pus.h.i.+ng to the disadvantage of the former, muddling some of the Senate, and thus leading them to think it not best to be ”mixed up in the matter,” and so to vote that the measure be put over.

It is wonderful to think how slight an influence will sometimes thwart an important measure in pa.s.sage at the legislature. A mere whisper of some whim, a little prejudice against another, perhaps may put it all aside. How little attention is given to merit! This is true even of Hon.

Senators. To one of these I spoke about his vote within ten minutes after he had given it, and he replied,--”I don't know, I am sure, how I voted, for I did not care anything about it.”

The fact is, this bill did not originate with me. I had nothing to do with it, not being on the committee who framed it. But, as Agent of the a.s.sociation, I spent more or less time at the State House, looking after the interest of the measure.

The next session the bill came up in the Senate again, and, through the same interest as before, probably, it was indefinitely postponed and another put on pa.s.sage in its stead, which went to the House committee on prisons. But they did not think it worthy of being reported, and that died. A member of the committee remarked that it appeared to be a scheme started by one for the purpose of making a comfortable place for himself. And he, no doubt, had the right of it, for the prominent provision was that the Board should consist of three, one of whom must be a resident of Concord, and not be allowed over four hundred dollars.

That would be a nice thing for the Concord man. Thus matters stand at present so far as legislation is concerned.

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