Full text of "History of Minnehaha Co." Chapter 7 This file contains the full text of Bailey's History (1899), Chapter 7, pages 169 to 176. Scan and OCR by Joy Fisher, http://www.rootsweb.com/~archreg/vols/00001.html#0000031 This file may be freely copied by individuals and non-profit organizations for their private use. Any other use, including publication, storage in a retrieval system, or transmission by electronic, mechanical, or other means requires the written approval of the file's author. This file is part of the SDGENWEB Archives. If you arrived here inside a frame or from a link from somewhere else, our front door is at http://www.usgwarchives.net/sd/sdfiles.htm CHAPTER VII. SOUTH DAKOTA PENITENTIARY-COUNTY POOR-FARM -CHILDREN'S HOME. On the 8th day of February, 1881, a bill that had passed the fourteenth session of the territorial legislative assembly, providing for the location and government of a territorial penitentiary, was approved by the governor. The law provided that it should be located on a tract of land not less than eighty acres in extent, to be selected hv the directors therein mentioned, within the corporate limits of the village of Sioux Falls, Minnehaha county, D. T.; and if a suitable tract of land could not be obtained within the corporate limits of said village, then the said penitentiary should be located on such tract of land as said directors should select within a radius of one mile of the corporate limits of said village. The law also provided that the penitentiary should be "erected and constructed under the direction and government of three directors " who were to be appointed by the governor, with the advice and consent of the council, and that they should immediately proceed to contract for the erection of a suitable building for a penitentiary of such dimensions as would accomodate one hundred and twenty-five to one hundred and fifty persons, at a cost of land and buildings not to exceed fifty thousand dollars. In accordance with section 2 of the act, Thomas H. Brown and Richard H. Booth of Sioux Falls, and Wallace L. Dow of Pierre were appointed directors. The following is a summary of the facts contained in the directors' report to Governor Ordway, December 33, 1882: That owing to the impassable condition of the roads during the spring of 1881 the board was unable to meet until June, at which time it organized by electing W. L. Dow chairman and T. H. Brown secretary. That two sites, one located on the Omaha and the other on the Milwaukee line of railroad, were found suitable. That the sum of five hundred dollars appropriated to pay for the required amount of land for a site was insufficient. That the financial difficulty was finally removed by the offer of the company securing the site to pay any deficiency; and resulted in the selection of the site located on the C., M. and St. P. railroad. That the United States government had made an appropriation of $30,000, for a territorial penitentiary at Sioux Falls. and by the provisions of chapter 23 of the session laws of 1881, (an act passed to provide for raising funds to build the penitentiary) it gave the directors the right to receive this sum from the government, and they were to place it to the credit of the penitentiary fund, and if they did receive it, then they were to raise the balance only, in all sufficient to make $50,000. That the board soon learned after its organization, that the $30,000 appropriated by the United States government, could not be used in the obstruction of the contemplated buildings, but upon consultation with the proper officials, eighty-five acres were purchased, of which eighty-one acres were deeded to the Territory of Dakota, and four acres to the United States government. That it was agreed that the government should erect one wing of the proposed building and pay for the four acres five hundred dollars, this being the amount the directors were permitted to pay for the site. The location having been settled and the plans and specifications made, sealed proposals for the construction of the buildings were advertised for, and on August 30, 1881, the masonry and carpenter work was let to R. D. Silver of Lincoln, Nebraska, for the sum of $34,813.80. R. H. Booth was appointed superintendent of construction. October 27, the contract for the iron work complete was let to Messrs. Martin & Anderson of Yankton for the sum of S6,550.00. September 30, 1882, a final settlement was made with R. D. Silver, and on November 22, with Martin & Anderson, their work being completed. On the 13th day of December following, twenty-nine prisoners were transferred to the building from Detroit, Michigan, and placed in charge of C. M. Koehler as warden. Territorial bonds in the sum of 50,000 were issued, running for a period of twenty years, and payable at the option of the territory after a term of five years, bearing interest at the rate of 6 per cent per annum, payable semi-annually, and were sold at a premium of one thousand five hundred and twenty-two dollars and fifty cents. The appropriation made in 1881, for directors and warden, and subsistence of prisoners, was eighteen thousand dollars. The cost of the land, buildings, water supply, heating and cooking apparatus, pay of directors, and numerous miscellaneous items, was in all the sum of fifty-nine thousand six hundred and twelve dollars and ninety cents. In 1883, W. L. Dow and R. H. Booth of Sioux Falls and George P. Harvey of Minto, were appointed directors. The legislature made an appropriation of seventy-seven thousand six hundred and fifteen dollars to defray the ordinary expenses of the institution for two years ensuing; and at the same session directed the territorial treasurer to issue bonds in the sum of thirty thousand dollars to provide funds to pay the cost of constructing a boiler house, laundry, hospital, a prison for females, residence for warden, steam heating, machinery and tools, finishing main building, and purchasing or leasing stone quarry. The bonds were to run twenty years, with the same rate of interest and upon the same conditions as the first issue of bonds for the penitentiary. From the directors' report, bringing the affairs of the penitentiary down to December 1, 1884, it would appear that all the improvements contemplated had been completed, and that nearly all the common labor and carpenter work had been performed by the prisoners. From the warden's report it appears that on December 1, 1883, there were in confinement seventy-five prisoners, and on December 1, 1884, one hundred. From January 1, 1883, to December 1, 1884, fifty-nine prisoners had been received-two sentenced for life, and the remaining fifty- seven for such terms as made the average two years and six months. On the 20th day of February, 1885, by an act of the legislature, the government of the penitentiary was placed in the hands of five directors, to be appointed by the governor with the advice and consent of the council. Jacob Schaetzel, Jr., B. F. Campbell, William McBain, H. S. Hills of Sioux Falls, and Gust A. Uline of Dell Rapids, were appointed as directors. Amos F. Shaw was elected warden and Andrew J. Mills deputy. Mr. Koehler's connection with the institution terminated in June, 1885. On the 19th day of October, 1886, Mr. Hills died, and Henry T. Corson was elected by the board to fill the unexpired term. In 1887, W. H. Corson, Porter P. Peck, E. P. Beebe and John Murray of Sioux Falls, and Phil Runkle of Salem were appointed directors; Daniel S. Glidden warden and Den Donahoe deputy warden; John J. Patton clerk. In 1889 the territorial legislature enacted a law by which the public institutions of Dakota were each to be governed by a Board of Trustees, to consist of five members, two of them to hold their office for the period of two years, and three for a period of three years. The trustees for the penitentiary were Roy Williams president, Gust A. Uline secretary, J. F. Ferguson, O. S. Pendar and B. S. Williams. Theodore Kanouse was elected warden, and C. T. Jeffers deputy warden; John J. Patton clerk. At the first session in 1890, of the legislature of the State of South Dakota, a law was enacted, by which the penitentiary and the school for deaf and dumb, located at Sioux Falls, the hospital for insane at Yankton and the reform school at Plankinton, were placed under the control of five commissioners, who constituted a State Board of Charities and Corrections. By the provisions of this law, one of the commissioners held the office for one year, two for the term of three years, and two for five years. Governor A. C. Mellette appointed J. M. Talcott of Elk Point for one year, G. A. Uline and Z. Richey for three years, C. M. Howe and Robert W. Haire for five years. The board organized March 28, 1890, and elected G. A. Uline president, and Z. Richey secretary, Two important laws were enacted at this session of the legislature, bearing upon the term of Imprisonment of persons confined in the South Dakota penitentiary. One of them related to the parole of prisoners, and the other, good time to be earned by them. The law relating to the parole of prisoners, in substance provided, that the board should have power to establish rules and regulations under which any prisoner who was then or thereafter might be imprisoned under sentence other than for murder in the first or second degree, who had served the minimum term provided by law for the crime for which he was convicted, and who had not previously been convicted of a felony and served a term in a penal institution, might be allowed to go upon parole outside the buildings and enclosures, but while on parole to remain in the legal custody and under the control of the hoard. The other law in relation to good time provided, that "every convict sentenced for any term less than life, who shall have no infraction of the rules and regulations of the penitentiary or laws of the state recorded against him, shall be entitled to a deduction of his sentence for one year, and pro rata for any part of a year when the sentence is for more or less than one year, as follows: From and including the first year up to the third, a deduction of two months for each year; from and including the third year up to the fifth year, a deduction of seventy-five days for each year; from and including the fifth year up to the seventh year, a deduction of three months for each year; from and including the seventh year up to the tenth year, a deduction of one hundred and five days for each year; from and including the tenth year up to the fifteenth year, a deduction of four months for each year; from and including the fifteenth year up to the twentieth year, a deduction of five months for each year; from and including the twentieth year up to the period fixed for the expiration of the sentence, six months for each year." These laws took effect ninety days after the adjournment of the legislature. By virtue of the power conferred, the hoard established rules for paroling prisoners, which were in substance as follows: 1. That the warden should not recommend prisoners for parole, except upon request of the hoard, and then his recommendation should be limited "to a statement of good time earned by the prisoner and his conduct during confinement." 2. No prisoner should be paroled until satisfactory evidence had been furnished the board in writing, stating that employment had been secured for the prisoner "from responsible persons." 3. No prisoner should be paroled who had not been obedient to the rules of the penitentiary for at least six months preceding his application for parole. 4. No prisoner should be paroled until the hoard was satisfied that he would conform to the rules of the parole. 5. Every paroled prisoner should be liable to be retaken and again confined, for any reason that should be satisfactory to the board. 6. It should require the affirmative vote of at least four members of the board to grant a parole. The last rule (the seventh) prescribed the form of the parole to be issued to the prisoner, in which was clearly set forth what the paroled prisoner must do to keep his parole in force. During the time the law was in force the hoard paroled eighty-two prisoners and such was the character of some of the prisoners paroled, and the great length of time they had to serve when paroled, that the people of the state became alarmed, and on the 27th day of February, 1893, repealed the law of 1890. By the report of the board it appears that thirty-eight prisoners had been paroled during the first six months after the law went into operation, and that from December 1, 1890, to June 30, 1892, twenty-seven were paroled, and sixteen more after this date and prior to February 27, 1893. Upon examination of the records at the penitentiary, it appeared that the twenty-seven prisoners paroled between December 1. 1890, and June 30, 1892, had received sentences amounting in the aggregate to seventy-nine years and three months, and that the aggregate time they had served when paroled amounted to only thirty-one years, nine months and seven days. With such a record it is unnecessary to add, that the repealing law had an emergency clause. Mr. Kanouse was warden until June 1, 1892, when he resigned, and was succeeded by I. R. Spooner, who held the position until April 3, 1893. At that time, N. E. Phillips assumed the wardenship, and remained in charge until May, 1899, when he was succeeded by the present incumbent, John A. Bowler of Sioux Falls. This institution has been very fortunate in the selection of wardens, all of them having proved to be competent and faithful officials. Shaw, Glidden and Phillips, all residents of the city of Sioux Falls, were in charge ten years. During the administration of Mr. Phillips, the convicts were set to work upon the construction of a stone wall enclosing about two acres of ground. Before the wall was commenced it was estimated that it would cost $36,000, but Mr. Phillips so conducted the enterprise that it cost the State less than $12,000. The wall is 1,182 feet in length, about 30 feet in height, and 11 feet in thickness at the base, and has a guard walk near the top the entire length. July 1, 1899, there were one hundred and twenty-nine prisoners confined in this institution. MINNEHAHA COUNTY POOR-FARM. At a session of the board of county commissioners on February, 11, 1880, the proposition of N. E. Phillips to sell to the county the southeast quarter of section twenty-seven in Mapleton township for a county poor-farm was accepted. The price paid was $15,000. For several years after the occupation of this farm by the county, very few improvements were made, but at a session of the county commissioners in April, 1889, a contract for building a county poorhouse thereon was awarded to A. S. Leonard for the sum of $6,720, and on the 24th of September following, the building, having been completed, was turned over to the county and accepted by the commissioners. Since that time other improvements have been made, but as they appear in the illustration, no further description is given. The farm is gradually being made self-supporting, and its management and the care of the inmates of the poorhouse have for the greater portion of the time been under the supervision of competent superintendents. The present superintendent is Joseph Hostetter, and the poor-farm has been under his, able management since July 1, 1895. [photo - MINNEHAHA COUNTY POOR-FARM.] CHILDREN'S HOME. The first work done in South Dakota in behalf of homeless and neglected children was commenced in October, 1891, by the Rev. I. R. McConneghey in connection with a similar work in North Dakota, with headquarters at Fargo, and under the management of the Minnesota department of the Children's Home society. The society soon realized that the territory was too large for one man to thoroughly care for, and decided to open another Home in this state. With this end in view, the Rev. E. P. Savage of St. Paul, Rev. J. R. McConneghey and W. B. Sherrard visited Sioux Palls in December, 1892, and laid their plans before the pastors and Christian workers of the city. They were cordially received; and it was agreed that the Woman's Benevolent Association should take charge of the local work. They also agreed to assume the responsibility of paying the rent, furnishing the house and providing it with fuel. Committees were appointed, and the work received such hearty support of the business men, that in a few days there had been over four hundred dollars subscribed, besides donations of furniture and other useful articles. The general expenses of the work such as board, clothing and transportation, were to be provided for by the superintendent. The first children were received February 16, 1893, and up to June 1, 1895, there had been received two hundred and two children, forty-three of them from Minnehaha county. All of these children had been placed in homes, except seventeen, who still remained at that time. The Home is located a short distance south of the Baptist college, and although not pretentious in appearance, serves its purpose in making a temporary home for homeless and neglected children. When a child has been received at the Home, the first work of the superintendent is to find a clean, Christian home for the child. The society requires great care to be exercised in so doing, and when the child has been placed in a home, it does not for this reason cease to watch over it. This institution is supported wholly by voluntary contributions. Until May 1, 1895, the work had been carried on under the supervision of the department of Minnesota. During the session of the legislature of South Dakota in 1895, an act was passed providing for the incorporation of associations to provide homes for destitute children. Under this law, the South Dakota Children's Home Society became incorporated August 20, 1895, with the following board of directors: For three years, Bishop W. H. Hare, C. E. Baker, W. B. Sherrard, Mrs. Hattie C. Phillips of Sioux Falls, A. S. Disbrow of Alcester, N. C. Mallory of Aberdeen, Mrs. J. K. Woods of Rapid City, Coe I. Crawford of Pierre. For two years, W. H. Stiffler, J. N. Hutchinson, C. E. McKinney, Mrs. A. Beveridge of Sioux Falls, Joseph Stone of Tyndall, S. R. Thrall of Huron, E. M. Williams of Yankton, Geo. G. Ware of Deadwood. For one year, J. O. Dobson, D. B. Scott, C. S. Palmer, P. P. Peck, Amund Mikkelson, Mrs. S. G. Tuthill of Sioux Falls, Mrs. Alice Gossage of Rapid City, W. F. T. Bushnell of Aberdeen. The object and scope of this association as now incorporated is "to take charge of and place in family homes any children surrendered to them by parents or guardians,or delivered to them upon the order of any court of record of this state, or by any board of county commissioners or other body having the care of the poor." W. B. Sherrard has been superintendent and in charge of the Children's Home ever since it was first located at Sioux Falls. He has labored industriously and conscientiously, with his whole heart in the work, and is entitled to the hearty support of all in his effort to find Christian homes for the poor little waifs of humanity. Since May 1, 1895, Miss Allie Jewell of the Iowa Children's Home Society, has been engaged as assistant superintendent of the South Dakota society, and has active charge of the Children's Home at Sioux Falls, and is well adapted for the work. Mr. Sherrard, in speaking of the Home, said that the committee of charities and corrections of the Congregational convention held in Sioux Falls in 1892, called attention to the fact, that before the state recognized a child it had to become a truant, vagrant or criminal; and put the following inquiry to the convention: "Is it well to take a young criminal and try and keep him from becoming an old criminal; is it not better to keep him from becoming a criminal at all?" One of the objects of the Children's Home, in the language of Mr. Sherrard, is to prevent the child from becoming a criminal at all. The great good this society is doing, commends it to the consideration of all, and it hardly seems possible that the good people of South Dakota will permit an institution of this character to lack in material support.