154 Pa. 14 | Pa. | 1893
Opinion by
The act of April 8, 1848, furnishes the method by which the needs of the Berks county prison should be supplied. It commits the general oversight and control of the prison to a board of prison inspectors who are authorized to estimate each year the amount of money likely to be needed by them for the proper maintenance of the prison and its inmates. For this sum they are directed to apply to the county commissioners, whose duty it is to draw their order in favor of the board of inspectors, upon the county treasurer, for the money needed. This order is then deposited with the treasurer of the prison, who is also the county treasurer, and he credits himself as county treasurer, and charges himself as prison treasurer with the amount represented by it. In the settlement of his account as county treasurer the order is a voucher. In the settlement of his account as prison treasurer he must show the order of the board of prison inspectors to cover his disbursements. For some reason this simple method, so clearly laid down by the act of 1848, has been neglected for several years ; and the ap
The first of these is the item for meals furnished the board of inspectors while at the prison in the discharge of their official labors. This item was rejected for the reason that “ there is no warrant in the law for using the funds of the prison for such purposes.” If by this is meant that there is no distinct provision in the law for furnishing meals to the inspectors
The next item is expenses of a journey to inspect, and become familiar with the use of, a machine they were authorized to buy to enable the warden to make a registry of all convicts under his care. In making this registry, the system of measurements and description known as the Bertillon is coming into general use. The act of 1889 requires that the registry shall be made, and authorizes the adoption of the Bertillon system. One of these instruments was in use in the state prison at Huntingdon. The inspectors took the warden to Huntingdon that they might be the better able to judge of the propriety of adopting it in the prison under their care. It is possible that this expense might have been saved, as suggested, by correspondence with the makers of the machine and securing the presence of an experienced salesman who would explain its use and ply his powers of persuasion, at the same time, at the Berks county prison; but this would not have given what they most wanted, viz., the impartial judgment of disinterested persons who had
The third item is an order drawn for part of the cost of an outbuilding or improvement that was rejected for two reasons: The want of any bill rendered or other document to support it, and the want of power in the inspectors to make the expenditure. These are sufficient reasons for rejecting it. The plaintiff cannot recover therefore for this item, amounting to five hundred and five dollars and twenty-seven cents ($505.27), but judgment is now entered in favor of the plaintiff for all the other items, amounting together to fifteen hundred sixty-four dollars and sixty-eight cents ($1,564.68), with interest from the date of the verdict, May 8,1892, and costs.