OF THE

Legislative Commission

AND

JOINT COMMITTEE OF THE GENERAL ASSEMBLY

TO

INVESTIGATE THE AFFAIRS

OF THE

Penitentiary of the State,

AT FORT MADISON,

WITH THE PROCEEDINGS OF SAID COMMITTEE AND COMMISSION, AND THE EVIDENCE TAKEN BY THE SAME.

PRINTED BY AUTHORITY OF LAW.

DES MOINES:

R. P. CLARKSON, STATE PRINTER.

REPORT OF COMMISSION.

To His Excellency, JOHN H. GEAR, Governor of lowa:

SIR: In accordance with the requirements of Chapter 189, of the Acts of the 17th General Assembly, being "An act to create a commission to investigate the affairs of the Penitentiary at Fort Madison during the administration of S. H. Craig, as Warden," &c., the undersigned respectfully report:

That after our arrival at Fort Madison, and within a few hours after we commenced our labors, we were enjoined from proceeding further by a temporary injunction procured by said Craig, and though the same was soon after dissolved, it had the effect to delay us several days and to cripple us in our efforts, by causing witnesses to believe that the commission had no authority to compel their attendance, several of whom for that reason refused to appear and testify, among whom were H. Clay Stuart, clerk, and Annie I. Reed, niece of the late Warden. Said Craig and Stuart also advised many of the witnesses not to appear and testify, and sought in other ways to prevent our obtaining the real facts in the case. On account of the great expense and loss of time that would necessarily have resulted from attempts to enforce the attendance of said contumacious witnesses, we did not deem such proceeding advisable. Several of the most important witnesses left the state to avoid testifying, but notwithstanding the many obstacles thrown in our way, we have had before us a large number of persons whose testimony covers about two thousand pages of legal cap, and, as the result of our investigations, find:

That said Craig has conspired with sundry and divers persons to defraud the State out of large sums of money and property, and has so defrauded it in the manner hereinafter stated.

He has wholly failed and neglected to comply with sections 4773 and 4774 of the Code, and contrary to their express provisions has, during his entire wardenship, studiously avoided complying therewith. He has purchased all articles of food (except beef), clothing, bedding, raw materials for manufacture, fuel, and other articles for the use of the prison

*For report of the Joint Committee of the General Assembly, see the "Proceedings" hereinafter.

without making contracts therefor by the year, when such contracts could have been advantageously made. No annual estimates of the quantity of each article necessary for the next ensuing year were made by him at any time; nor did he advertise for sealed proposals for furnishing to the prison such articles, or any of them. His large purchases were made year after year of the same parties, who were permitted to fix their own prices, and no inquiries were made by him to learn whether he was being overcharged; and as the result proves he paid them from twenty to one hundred per cent. more for large wholesale purchases than the retail dealers in Fort Madison charged for the same goods sold him, and others, during the same time.

Bills of the quantity and price of the supplies furnished for the prison at the time of the delivery, were sometimes taken, but in very few instances, if any, were they exhibited by the warden to the clerk, and compared with the articles delivered, to ascertain if correct. Had these requirements been complied with, and the warden and his clerk been honest, they would have discovered that a large number of bills contained items of merchandise for which many thousands of dollars were charged to and paid for by the State, that were never shipped to or received at the penitentiary, as is conclusively proven to us by an inspection and comparison of the bills rendered, receipts given, and the books of the parties from whom the bills were received.

The bills for merchandise were not "entered, with the date, in a book kept for that purpose," or any other book, and hence there was no check upon the warden or his clerk to prevent the bills from being altered, or new ones substituted therefor, to suit their purpose, months after they were first received, as the evidence shows was in some instances done.

During S. H. Craig's wardenship large sums of money have been appropriated for the erection, repairing, and improving of public buildings, and making other improvements on the penitentiary grounds, which have been expended by him. In making such expenditures be has, almost invariably, carefully refrained from inviting bids, or in any manner giving publicity as to when contracts for same would be let; but on the contrary has misled those who were desirous of contracting so as to prevent them from having an opportunity to put in their bids, and has in some instances let the same to parties who were not engaged in that or similar business, and in all cases has expended nearly if not quite every dollar appropriated, when, had he invited competi tion, thousands of dollars would have been saved to the State thereby