of $18,000. Mr. Schaffer submitted two bids for the furnishing of the stone, one in his own name, and the other for a different price in the name of a corporation of which he is an officer. When the bids were opened, it was discovered that he was under-bid by another party. This lowest bidder failed to enter into a contract, and the warden again solicited bids. Again Mr. Schaffer was unsuccessful, and the contract was let to the lowest bidder. Mr. Schaffer claims that he should have the contract under the first bid because the lowest bidder failed to enter into the contract, and he asserts it was the duty of the warden to award the contract to him. Other disputes arose, which the committee inquired into. We reached the conclusion that there was no merit in Mr. Schaffer's complaint against the warden. Indeed, the warden might be subjected to criticism, did he act in a manner other than he did.

It is probable, however, that there would be no complaint, and Mr. Schaffer would not have entered the objections he did, if the warden had published advertisements in the newspapers, to inform the public in an authoritative way, as to the terms under which bids were solicited and the contract made.

Other witnesses appeared before the committee and complained of the character of the work and of the quality of the stone that was put into the extension of the prison wall. Some of these witnesses were workmen who had been employed upon the wall. These same witnesses testified as to defects in the addition made to the cell house. The committee considered these complaints fully and it found that the pilasters on the west wall were not constructed in the most workman-like manner, and this should also be said of a part of the north wall as well as of the arch over the main gateway. These defects are due largely to the neglect or want of skill on the part of the foreman, but from evidence submitted and inquiry made, the committee is fully satisfied that the walls on the whole, are well and substantially built, but ordinary skill was not at all times exercised by the foreman employed by the warden.

It should not go unnoticed that this wall is a great improvement for the Fort Madison prison, and was constructed by the warden almost entirely with convict labor, and within the appropriation of $18,000. We are satisfied that were it not for the earnest and daily supervision of the warden, and for the economical management thus secured, the wall could not have been built for the appropriation.

What we say of the wall is also applicable to the improvement of the cell house, for which the Twenty-sixth General Assembly made an appropriation of $30,000.

The accountant of the committee discovered that a state warrant issued to this prison for the pay roll, in the month of March, 1894, was credited on the prison books in a sum $98 less than the amount of the warrant. The present warden was not then in charge of the prison, and the present clerk can give no information to the committee with respect to this discrepancy. The committee is unable to offer any explanation, save that the state issued the warrant which was $98 in excess of the amount with which the then prison management charged itself.

For many purposes this prison has an unfortunate site, and the buildings in recent years became greatly out of repair. The work of the present warden in expending the appropriations of the Twenty-fifth and

Twenty-sixth General Assemblies for contingent and repair purposes, has greatly improved the appearance of the prison, and we believe such expenditures were prudently made.

The contracts between the warden and manufacturing concerns should reserve to the warden the right to compel such companies to provide fans and other proper means of ventilation, in order that the convicts be not endangered in their health.

The tool company's shop, known as shop No. 11, is not properly provided with means to carry off the emery and dust, and the warden should insist that this company provide proper means for ventilating this shop.

The books of the prison should be kept so as to show the cost and quantity of each article of supply, which was used or consumed, as is done in other states, and at some of the institutions in this state. This does not necessitate much labor, but is very valuable as a guide for the management, and is useful for the purpose, of comparison on the part of the legislature and the public, and is a standing check on waste or extravagance.

The committee examined the notes of the contractors in the hands of the warden, visited the banks and verified the amount of moneys in the hands of the warden, as shown by his books.

The warden keeps no copies of letters written by him, on matters connected with the prison management. This should be done. It would greatly facilitate the work of a legislative committee, and tend to a more accurate and business-like performance of his duties.

The committee believes that the prison should be supplied with wagon scales, because in many ways such expense could be recouped in a single month.

It appears some convicts are sent from counties in the vicinity of Fort Madison, to Anamosa, although there was room for such convicts in the Fort Madison prison. The committee is not informed why prisoners are not sent to the nearest prison, if there is room at such prison. The cost per capita is greater at Anamosa than at Fort Madison, so the state and county are both interested in correcting this abuse.

PENITENTIARY AT ANAMOSA.

The number of convicts in this prison on June 30, 1897, was 625. On April 1, 1892, the number in confinement was 262.

The convicts are employed in the work of constructing buildings and other improvements for the state.

The quarries from which the stone is procured are located about two miles from the prison and connected by a spur line of the Chicago & Northwestern railway. The stone is transferred to the prison in the condition in which it is quarried by the convicts. The cutting and dressing are done in the prison yards. The stone is dressed and placed in position in the buildings by the convicts under the supervision of the foreman. All the work of construction is superintended by the master mechanic and architect, who now receive $5 per day and expenses for the number of days he actually spends in prison work. Until a few years since the master mechanic. received a salary of $1,500 per year and gave constant attention to the work.

He now visits the prison on an average of about six to eight days in each month. About twenty-five cars of stone are monthly transported from the quarries to the prison yard.

At the present time the state is building what is termed the center building and the warden's house and the north wing of the cell-house. Because of the fire, which destroyed some of the prison buildings, the management is also engaged in reconstructing this building, equipping it, and making other changes to provide better for the needs of the prison.

The Twenty-sixth General Assembly made appropriations to be expended on the center building and for the foundation of the south wing of the cellhouse. Chapter 134, acts of the Twenty-sixth General Assembly, appropriated $32,348, "For completion of the center building now under construction." Inquiry of the prison officials and the master mechanic developed that this appropriation is not sufficient to complete the center building, and in fact the master mechanic never understood that such sum would be sufficient. He asserts that representations were made to the Twenty-sixth General Assembly that the building could for such sum be completed to the extent that the roof could be placed thereon.

Reference to page fifty-one of the twelfth biennial report of this prison, for the year 1895, shows that the master mechanic furnished estimates aggregating the sum of $32,348, but does not state, in his report, that it will be sufficient for the completion of the building. However this may be, the master mechanic asks, on page forty-one, of the biennial report made to this legislature, for 88,450, as the amount necessary to complete this structure.

The foundation for the north wing of the cell-house, for which the Twenty-sixth General Assembly made an appropriation of $23,000, was in course of construction when the committee visited the prison, An immense quantity of stone is being transported from the quarry for this foundation, and is being placed in the wall by the convicts.

The system under which the state has for years constructed the buildings at Anamosa, is very lax and unbusiness-like. The most permanent and expensive buildings constructed by the state are found here. There is practically no system of accounting for the materials bought or furnished. There is no method by which the committee was enabled to ascertain whether materials that were bought, were actually brought within the prison walls and used in the work of construction. There never have been any specifications or details for the construction of any of the buildings built by the state. The committee could find no specifications as to the kind, amount, or quality of any particular material of construction. It appears that the only plans, now at the prison, and under which the work is being done, are the elevations for the buildings made over twenty years ago.

The architect and master mechanic appeared before the committee, and stated that he superintended the building of the insane building, the female department, and all buildings subsequently constructed. He further stated, that when in need of materials, for the purposes of construction, he personally contracted for the same; that no supplies or materials for construction, were ever purchased by advertising or by competitive bids; that he can not tell now how the north wing of the cell-house shall be completed, except that it will probably be similar in architectural design to the south cell-house; that he could not advise the committee as to the kind of material

which is to be used in the interior finishing of the center building and warden's house; that he was unable to state the quantity of lumber or of iron that might be thus used. We were further informed, when in the work of construction the occasion arises for the use of these different materials, he then determines the kind of material, and personally contracts for the same. He frequently visits Chicago and makes purchases there, after an inspection of the material. The warden does not participate in the purchase of these materials, but the matter is left almost entirely, to the master mechanic and architect. No one, it appears, supervised the action of the architect. He consults with no one in the determination of the kind and character of supplies, or in purchasing the same. There is no meeting of any committee, or of the warden, or of the clerk, with the architect. There is no auditing of bills except the approval of the architect. The foreman who immediately supervises the work on the building, keeps no books or records indicating the quantity or character of the supplies which are purchased, and used in the work of construction. For this reason the committee was unable to investigate whether the expenditures of the appropriations were properly made. It can be fairly stated that the only record which the committee found connected with the expenditure of the moneys for materia's for construction purposes was the vouchers in the clerk's office, showing payments of certain sums. No evidence is preserved, that the material or supplies, for which the moneys were paid, were brought to the prison, nor is there any method by which the amount of the different materials used in the construction of the building could be ascertained, except by going over innumerable bills and vouchers, which of course was impracticable.

The master mechanic, at the present time, lives at Maquoketa. He keeps no records and maintains no office at the prison. The committee is persuaded that this method, which the state adopts in the construction of some of its most expensive buildings, involving the expenditure of hundreds of thousands of dollars, would not be tolerated by an individual or private corporation. It manifestly permits too much discretion in those who are charged with the work of building; it blunts all sense of accountability; it prevents every effort of inquiry, by the governor or legislature; it has the "promise and potency "of much wrong doing. The faithful administration of the trust reposed in the officials, is not secured by any regulation, check or supervision. This lax method has existed, so far as the committee is advised, for at least fifteen years last past, and the present management has simply permitted the methods of the preceding officials to continue. The master mechanic and architect can well say that he performs his duties as required, and it is not for him to make any rules or regulations for his own supervision.

The contingent and repair appropriation for some years is declared to have been inadequate. It is generally exhausted long before the expiration of the biennial period, and recourse is then had to the support fund. No definite rule prevails, or has prevailed, as to what expenditures should be charged to the contingent and repair fund, or to the support fund. This abuse is, as this report indicates, common to most of the state institutions. To use these funds indiscriminately opens up avenues of extravagance. We notice that the foremen of derricks, of stone cutters, of stone masons, and

of the quarry, and the engineer and master mechanic are sometimes paid from the support fund. At other times the salaries of such persons are paid from the appropriation that is made for the building upon which they are employed. When the appropriation for the building runs low, recourse is then had upon the support fund.

As further illustrating what the committee believe to be a diversion of the support fund, it should be noticed that the executive council has given sanction to a practice that can not be commended. It will be observed by an inspection of the warden's report to this legislature that $11,000 of the support fund was expended in the construction of a water tower and well and a waterworks system; that $13,000 more of the support fund was expended for the rebuilding of a burned building and the purchase of an electric plant to light the prison. Only so much of this fund as is necessary for support purposes can, under the law, be drawn from the state treasury. The committee ascertained that this sum of $24,000 was taken from the support fund after the executive council had secured the opinion of the attorney-general that such expenditure of the support fund was proper. It appears that the prison had some dispute about the price and quantity of water which it was receiving from the city of Anamosa, and to avoid the making of a new contract the executive council directed the expenditure of the sum of $11,000 of the support fund as above indicated. We say that the purposes for which this expenditure was made might be entirely proper, if made with proper funds, but must condemn as dangerous the precedent which the action of the executive council affords.

We respectfully dissent from the opinion of the attorney-general, holding that such a use of the support fund is authorized by law. The statute appropriates for the support fund only so much as is necessary for support purposes, and any money that is not thus required should not, under the law, be drawn from the state treasury. The mere fact that a surplus has been drawn, not needed for purposes of support, furnishes no reason, as is suggested in the opinion of the attorney-general, for its appropriation for other purposes, but exposes the management to the temptation of doing what was done, when $24,000 of the support fund was expended in making permanent improvements. If it is conceded that the prison management has the right to take $24,000 of the support fund and expend it for the purposes indicated in the warden's report, it may well be said that the legislature has little control of the state money. There is no need to create different funds to be expended for different purposes, or in making it a misdemeanor to intermingle such funds, if the precedent to which we are referring shall be regarded as the correct construction of the statute, and a rule to be followed by all other state institutions.

The clerk of the prison purchases most of the supplies and makes payment therefor by signing the name of the warden to checks. The clerk has complete charge of the cash account and deposits state moneys in the name of the warden.

No supplies, food stuffs or the material for construction of buildings are bought by advertising or under a system of competitive bids. The statute which requires the warden to advertise and to purchase supplies under contract is complied with, but the management claim that they receive very few responses to such advertisements. It is said no grocery houses submits

any bids in response to such notices. What we stated in reference to this