Director, Mr. Love, and are, for reasons named in another part of the report, unlawful; but your Committee are of the opinion that the whole amount, ($47,477 70, is illegal, as they know of no law which authorized the Directors to make the purchases. $48,076 51 were issued for payment of salaries of officers and subordinates, transporting prisoners, etc. Your Committee have not examined whether this amount was legally issued or not. The whole amount that your Committee report as having been illegally issued, is as follows: On account of wall... $125,157 84 47,477 70 31,143 90 $203,779 53 The Committee ask leave to be discharged from the further consideration of the subject. SIR-Accompanying this, please find certified copies of the Contract entered into by the State Prison Directors and James Smiley, for the erection of a Wall at Point San Quentin, and also the Orders of the said Directors upon the State Controller; upon which orders the amount of $125,157 84, in State Controller's Warrants, were drawn December 4th, 1855, and made payable to James Smiley, or J. S. Cohen, Attorney. I am your obedient servant, By WM. WILLIS, Clerk. GEORGE W. WHITMAN, AGREEMENT. This Agreement, made this fifteenth day of August, in the year of our Lord one thousand eight hundred and fifty-five, by and between John S. Love, R. N. Snowden and William H. Palmer, Wardens of the State Prison, acting for and in behalf of the State of California, parties of the first part; and James Smiley, of the City and County of San Francisco, State of California, of the second part: Witnesseth, that for and in consideration of the covenants hereinafter mentioned, the said James Smiley, party of the second part, agrees to build and construct for the party of the first part, a wall around the State Prison, situated at Point San Quentin, in the County of Marin, State of California; such wall to be of the following dimensions, namely: Two thousand feet long, in the form of a square, each side of which is to be five hundred feet long, to be four feet in thickness at the base or ground line, and to be carried up to the hight of ten feet above the ground, with stone, laid in cement; and then ten feet more in hight, to be built of brick, laid in lime. The party of the first part hereby agrees to furnish to the party of the second part, all the stone and brick necessary for the construction of the wall, and to place them as near to the line of the wall as practicable; and also all the convict labor that is necessary to attend to the masons, and other mechanics, that the party of the second part may employ in the fulfillment of this contract. And the party of the second part hereby agrees to furnish all other materials, excepting those hereinbefore mentioned, and also to furnish the mechanics to do the work. For and in consideration of all which, by the said party of the second part, the said party of the first part agrees to pay to the said party of the second part, forty cents per cubic foot for the stone laid in the wall; said stone-work to be measured at the end of every two weeks, and a certificate of the amount given to the party of the second part, and orders drawn by the Wardens, parties of the first part, on the State Treasury, for the amount. The State to appoint its own Superintendent, and he to measure the same, and his measurement to be binding upon the party of the second part. The party of the first part furthermore agrees to pay to the party of the second part, for all the brick laid in the wall, at the rate of fifteen dollars per thousand, measured in the wall; said measurement to be made by the Superintendent at the end of every two weeks, and orders to be drawn by the Wardens on the State Treasury for the amount. The party of the second part also agrees to furnish all the iron-work which may be necessary for said wall; and the party of the first part agrees to pay for the same at the rate of ten cents per pound, by Wardens' orders on the State Treasury, as hereinbefore mentioned; and, furthermore, the party of the second part agrees to have the wall and gates finished, and gates hung, by the first day of the month of January, eighteen hundred and fifty-six; provided, that the stone and brick, hereinbefore mentioned, are furnished by the said party of the first part as fast as desired by the said party of the second part. In Witness whereof, we have hereunto set our hands and seals the day and year first above written : Witness to the signature of R. N. Snowden; also, of Jno. S. Love, Witness to the signatures of Wm. H. Palmer and Jas. Smiley, [SEAL.] GEO. GIBSON. Please pay to the order of James Smiley, fourteen hundred and sixty-six dollars and fifteen cents, for supplies furnished for the use of the Prison from June 28th, to August 9th, as per account on file in this office. To Hon. SAM. BELL, Controller. JOHN S. LOVE, Warden of State Prison. Indorsed James Smiley. OFFICE OF STATE PRISON, October 4th, 1855. SIR :-Please pay to the order of James Smiley, five thousand nine hundred and sixty-seven dollars and seventeen cents, for supplies furnished during the month of September, for the use of the Prison, as per account on file in this office. JOHN S. LOVE, To Hon. SAM. BELL, Controller. Warden of State Prison. Indorsed James Smiley. OFFICE OF STATE PRISON, The Controller of the State will please pay to James Smiley or order, twenty thousand five hundred and fifty dollars, for materials furnished and labor performed in the erection of the Wall around the State Prison. SIR-Please pay to the order of James Smiley, twenty-five thousand five hundred and twenty-four dollars and seventy cents, for materials furnished and labor performed in the erection of the Wall around the Prison, and charge the same to account of the Prison. SIR-Please pay to the order of James Smiley, three thousand three hundred and fifty-seven dollars and forty cents, for supplies furnished for the use of the Prison, as per bills on file in this office, and charge the same to account of the Prison. JOHN S. LOVE, To Hon. SAM. BELL, Controller. Warden of State Prison. Indorsed James Smiley. OFFICE OF STATE PRISON, DEAR SIR-Please pay to the order of James Smiley, five thousand and forty-four dollars, for provisions, lumber, iron, etc., furnished during the month of August, for the use of the State Prison. SIR-Please pay to the order of James Smiley, eighteen thousand six hundred and twenty-five dollars and twenty cents, for labor done and materials furnished, in the erection of the Wall around the State Prison. SIR-Please pay to the order of James Smiley, thirty-one thousand two hundred and seventy-three dollars and twenty cents, for materials furnished and labor performed in the erection of the Wall around the State Prison, as per contract on file in this office. JOHN S. LOVE, To Hon. SAM. BELL, Controller. Warden of State Prison. Indorsed James Smiley. OFFICE OF STATE PRISON, SIR-Please pay to the order of James Smiley, thirteen thousand three hundred and fifty dollars, for brick-work and materials furnished in the erection of the Wall around the State Prison, as per contract on file in this office. JOHN S. LOVE, To Hon. SAM. BELL, Controller. Warden of State Prison. Indorsed James Smiley. SAN FRANCISCO, Dec. 3d, 1855. HON. SAM. BELL, Controller of State: J. S. Cohen is hereby authorized to receive, receipt for and transfer any Warrants due me as Contractor for building at the State Prison. JAMES SMILEY. CONTROLLER } Sacramento, Jan. 21st, 1856. I, George W. Whitman, Controller of the State, do hereby certify that the foregoing are full, true and correct copies of the original papers, now on file in my office, upon which the annexed amount of warrants were drawn on the State Treasury. In testimony whereof, I have hereunto set my hand and affixed my official seal, this the 21st day of January, A. D. 1856. |