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Mr. FISHMAN. No, sir; they have no right of appeal from the decision of the board; that is, no appeal to a higher authority. They can again appeal to the board.

The CHAIRMAN. I was out there for only one day, but that is one of the matters of very great complaint among the prisoners. They may be altogether wrong about that. It may be one of those rumors which becomes current among the prisoners, but it is ingrained into all those prisoners that there is something wrong with the parole system.

Mr. HUBBARD. One matter brought to my attention was that the period for parole had passed. The prisoner was really entitled to parole except for some minor particulars, but at what seemed to be the mere convenience of the parole board, this prisoner had been confined for his first offense and it was a questionable proposition, with a father at the point of death, and the time was put over for some months before his parole could be acted upon, and it seemed to me as if it were done at the mere convenience of the board-that they were not compelled by any rules to postpone their decision.

The CHAIRMAN. I had hoped, Mr. Hubbard, that we could have Mr. La Dow here for the very purpose of going into that parole system. I think it is an interesting question and an important question, and I think it is generally believed, and I expect by Mr. La Dow, that there ought to be some changes in the system; the boards ought to probably be constituted in a different kind of way. I know that is the feeling of the other members out at the prison. The wardens and doctors, I am advised, do not feel that officials of the prison ought to constitute the parole board, because they are compelled to pass upon their own recommendations in some cases.

We are very much obliged to you, Mr. Fishman. Some time within the next two or three days I want to have another meeting of the committee and want to go into this parole question. I think it will be an interesting investigation.

Thereupon, at 1 o'clock p. m., the committee adjourned.

HEARINGS

BEFORE THE

COMMITTEE ON EXPENDITURES IN THE

DEPARTMENT OF JUSTICE

HOUSE OF REPRESENTATIVES

ON

HOUSE RESOLUTION NO. 103

TO INVESTIGATE THE EXPENDITURES IN
THE DEPARTMENT OF JUSTICE

APRIL 23, 1912

WASHINGTON

GOVERNMENT PRINTING OFFICE

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EXPENDITURES IN THE DEPARTMENT OF JUSTICE.

IN

COMMITTEE ON EXPEDITURES

THE DEPARTMENT OF JUSTICE,
HOUSE OF REPRESENTATIVES,
Washington, D. C., April 23, 1912.

The committee met at 10 o'clock a. m.

Present: Representatives Beall (chairman), Witherspoon, Hubbard, and Cantrill.

The CHAIRMAN. Mr. Cole, we will hear you first.

Mr. COLE. Mr. Chairman, before we begin I would like to have corrected a reported statement that was made yesterday that you and I had a whispered conference of an hour yesterday morning. I do not care to have this go in the record, just so it is corrected.

The CHAIRMAN. Of course, this is a perfectly free country, and if you and I see fit to have a conference of an hour or any other length of time with respect to the Leavenworth prison or any other matter with which we are officially connected, it would be entirely proper and would not be a subject of legitimate criticism by Mr. McGlasson, Mr. La Dow, the Attorney General, or anyone else. As a matter of fact, if any such report as that has been circulated, it is untrue. You sat there in the chair perhaps 15 minutes. Out of that 15 minutes we probably used about 5 minutes, according to my best recollection, discussing matters pertaining to what we had under investigation. I had not supposed that it would provoke any criticism for any member of the committee to seek from the superintendent of construction at the prison or from anybody else connected with the prison information as a basis for the examination of the architect or anyone else. I think if any report like that reached the Attorney General or anybody else it was greatly exaggerated. I will say further there was not one word said between us that could not with absolute propriety be said here to go in the record. If that statement meets the requirements of the case-and I think you will agree that it will-I think it proper for it to go in the record.

STATEMENT OF MR. ALVA COLE, SUPERINTENDENT OF CONSTRUCTION AT THE UNITED STATES PENITENTIARY, LEAVENWORTH, KANS.

ALVA COLE, being first duly sworn, was examined and testified as follows:

The CHAIRMAN. Give the stenographer your name.
Mr. COLE. Alva Cole.

The CHAIRMAN. What is your present occupation?

Mr. COLE. Superintendent of construction at the United States. penitentiary, Leavenworth, Kans.

The CHAIRMAN. How long have you occupied that place?

Mr. COLE. Since November 21, 1911.

The CHAIRMAN. Had you been connected with the prison in any way prior to that time?

Mr. COLE. No, sir.

The CHAIRMAN. What are some of the duties of superintendent of construction at that prison?

Mr. COLE. I have general supervision of all of the work of construction as well as the maintenance and repair work.

The CHAIRMAN. Messrs. Eames and Young, I believe, are the architects?

Mr. COLE. Yes, sir.

The CHAIRMAN. Who was superintendent of construction before you assumed the duties of it?

Mr. COLE. I have been informed that Mr. Hinds was the superintende, but I have never met him.

The CHAIRMAN. Do you know how long he filled that position?
Mr. COLE. No; I do not. Several years, though.

The CHAIRMAN. I wish you would state just what work in the way of construction work is in progress at Leavenworth at this time.

Mr. COLE. We have the two main cell wings, the administration building, the rotunda, the new hospital, the farmer's residence, and the wall around the female ward.

The CHAIRMAN. All of this work is in progress now?

Mr. COLE. Yes, sir.

The CHAIRMAN. All these buildings have been begun?

Mr. COLE. Yes, sir.

The CHAIRMAN. And in process of construction?

Mr. COLE. Yes, sir.

The CHAIRMAN. To what extent has this construction work commenced? Take them up one by one.

Mr. COLE. Well, in the order that we usually name them, the main east cell wing has the walls practically finished-as nearly finished as it can be done until we erect steel for the roof and the ceiling, commonly called the "wind bracing." The main west cell wing has the rear wall built to the top of the main-story windows. The south wall is not started, although the steel columns, the first section of the steel columns that are for the south front wall, are standing. The administration building is not started, except the concrete foundations are all in. The rotunda proper is not started, except the wall which will form eventually the rear wall of the rotunda is completed, and was completed as a part of the two present cell wings that were built several years ago. The hospital building is now up to the roof, and we are working on the roof.

The CHAIRMAN. Where is the hospital building located? I do not recall it.

Mr. COLE. The hospital building is immediately north of the main east cell wing and east of the chapel-east of our main office building. The CHAIRMAN. Now, when these new buildings

Mr. COLE. Further, the farm building I have not mentioned yet. We are up to the roof now on that: about to the place where we are ready to put on the slate covering.

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