(House Bill No. 264.) CHAPTER 87. AN ACT to amend and re-enact chapter fifty-eight of the Acts of one thousand eight hundred and ninetynine, entitled "An Act to create an Advisory Board to investigate applications for pardons," approved February 25, 1899. [Passed February 13, 1901. In effect 90 days from passage. Approved February 15, 1901.] Be it enacted by the Legislature of West Virginia: That chapter fifty-eight of the acts of one thousand Acts eight hundred and ninety-nine, entitled "An act to amended. create an Advisory Board to investigate applications for pardons," be amended and re-enacted so as to read as follows: Board of how and pointed. 1. The governor of the State shall on the first Monday of April, in the year one thousand nine hundred and pardons; three, or as soon thereafter as convenient, appoint two members of, competent persons having the qualification of voters, not when apmore than one of whom shall be from the same political party, and who shall be appointed from the two polit--who to be. ical parties receiving the highest number of votes at the last preceding election, to investigate all applications for pardon, commutation of sentence, reprieve and remission of fines, and to make recommendations to the governor thereon. -duties of. appointment; 2. The term of office of one of the persons so ap- Term of office pointed shall begin on the first day of June next after his appointment and continue two years, and until his successor is appointed and qualified, and the term of office of the other person so appointed shall begin on the first day of June next after his appointment and shall continue four years, and until his successor is appointed and qualified. Every two years after the regular first appointment the governor shall, in like manner, term. appoint a person of like qualifications, and from the same political party as the member whom he succeeds, who shall serve for four years and until his successor shall be appointed and qualified. When the first appointment is made hereunder, the governor shall designate which of the persons so appointed shall continue in office for two years, and which of the persons SO appointed shall continue in office governor to designate terms, when. -vacancy. Official name. Meeting of for four years. In case of vacancy by death, resignation or otherwise, the governor shall appoint a successor to fill such vacancy for the unexpired term. 3. The present advisory board existing under said. chapter fifty-eight of the Acts of one thousand eight hundred and ninety-nine, and persons appointed under provisions of this act when organized, shall be known as the "West Virginia Pardon Board." 4. The bcard shall meet on the first Tuesday in April, board, when. July and October, one thousand nine hundred and one, and on the first Tuesday in January, April, July and October thereafter, at Moundsville, for the purpose of transacting such business as may come before it; and the warden of the penitentiary shall furnish said board a suitwarden to able room properly provided with everything necessary each meeting, to enable it to transact the business that may come before it. -place. provide for what. when chosen; how. 5. At the meeting of the board to be held in July President, one thousand nine hundred and one the board shall elect one of its members president, whose term of office shall be two years, and until his successor shall be appointed. It shall be the duty of the president of said board to preside over its meetings, preserve order, and call special meetings of the board whenever in his judgment, the public interest requires it. -term and duties. -special meetings. etc., how made. -action of board. 6. Every application for pardon, reprieve, commuApplications tation of sentence or remission of fines shall be made for pardon, directly to the said board, after ten days' notice in writing, that said application will be made, has been given to the prosecuting attorney of the county in which said person was indicted; and said board shall, as soon as may be, and after hearing all testimony and argument that may be offered for or against said pardon, reprieve, commutation of sentence or remission of fine, carefully consider the same, and shall with closed doors pass upon the same, and shall in writing recommend to the governor the advisability of granting recommen- or refusing the pardon, reprieve, commutation or remisgovernor. sion of fine. They shall also transmit to the governor a full and concise statement of the facts in each case, -statement. together with all papers and documents pertaining thereto. But no application for pardon shall be considered when tion consid- the applicant has pending in the supreme court of appeals ered, when. of this State, an application for writ of error, or a writ of supersedeas. -closed doors. dation to -no applica ernor may 7. In a case in which it is made to appear to the When govsatisfaction of the governor, that there is imminent dan- act of himger of death of a person imprisoned in the penitentiary self in grantor jail, the governor may dispense with all the fore- etc. going provisions governing the granting of pardon, reprieve or commutation, or when from any other cause it appears proper so to do. qualifica 8. The board shall have power to appoint a clerk, Clerk; emwho shall be a competent stenographer, whose duty it ployment of; shall be to keep a complete and perfect record of the pro- tions; duties. ceedings before said board, in a well bound book and to issue all papers necessary, and who shall be the custodian of the books, records and papers of said board, under its direction. He shall be removable at the pleasure of the board. The clerk shall take the oath prescribed by the Constitution of this State and shall receive for his services such sum out of the appropriation made for the -compensaper diem and expenses of the board, as the said board shall tion and how fix and determine. -removal. paid. administer 9. The members of the board and said clerk shall Power to each have authority to administer oaths to witnesses and oaths. others who may come before the board. Power to 10. The board shall possess the same power to pun- punish for ish any person for contempt which is exercised by contempt; the circuit courts of this State. In all such cases the rules to rules and principles governing such courts shall govern the board. govern. bers. 11. Each member of the board shall receive as com- Compensapensation for his services all reasonable expenses incurred tion of memin the discharge of his duties, and seven dollars and fifty cents per day for each day he shall be actually employed in the discharge thereof, but no mileage shall be paid to any member of the board. -no mileage board. expenses. 12. The board shall make a bi-ennial report to the Biennial governor, on the first day of October next preceding report of each session of the legislature, setting forth its action for the two years last past, together with an item-statement ized statement of expenses incurred in the main- of tenance of the said board. The report shall be laid -duty of before the legislature by the governor who shall ac- to such. company it by a statement showing his action in the premises. governor as Power to 13. Before proceeding to act hereunder, any member of the said board, hereafter appointed, shall take an oath to support the constitution of the United States and the constitution of West Virginia, and faithfully discharge the duties of his office to the best of his skill and judgment. 14. No member of the board shall receive, from any source whatever, any additional pay, gift or consideration for his services in the discharge of his duties under this act. 15. The board shall have power to make such rules make rules, and regulations for time to time, for the government of its proceedings as may seem proper. etc. Present mem 16. The present members of the board shall continue bers, provis- in office until the end of their term, and shall discharge all the duties required of the board by the terms of this act. ion relating to. Acts repealed 17. All acts and parts of acts inconsistent with the provisions of this act are hereby repealed. Code amended. National duty, when, etc. (House Bill No. 173.) CHAPTER 88. AN ACT to amend and re-enact sections fifty, fifty- [Passed February 16, 1901. In effect 90 days from passage. Approved February 21, 1901.] Be it enacted by the Legislature of West Virginia: That sections fifty, fifty-one and one hundred of chapter eighteen of the code of West Virginia be amended and re-enacted so as to read as follows: 50. The commander-in-chief shall cause the Naguard camp tional Guard to perform ten consecutive days of camp duty in each year, either by brigade, regiment or battalion, between the first of August and the first of October, and designate the time and place therefor. 51. Officers and enlisted men shall be warned for duty Warned for in the manner prescribed by the commander-in-chief in duty, how. orders or regulations. No person belonging to the military forces of the State while performing military duty, under proper orders of their superior officers, shall be arrested on civil process, nor shall any person belonging to the mil- -free from itary forces of the State while performing military duty, arrest on under proper orders of their superior officers, be arrested when also on criminal process, except upon process issued from a process, uncircuit or criminal court or a judge thereof in vacation. less, etc. 100. The military department of the West Virginia. Training civil process, on criminal what cadets how organ and where. -approval of right of expelled, etc. University shall be the training school of the West Vir- school, ginia National Guard. Cadets receiving free tuition shall to be. be organized into a corps, which cadet corps, in its mil- tione et itary duties, shall be governed by the rules and regulations receiving, adopted from time to time by the board of regents. Cadets ized, etc. shall have the right, if they so select, to be tried, for trial of purely military offences, by courts-martial organized from cadets, how members of the cadet corps, by the commandant of cadets, and all sentences must receive his approval before being. carried into effect. Should any cadet be suspended or expelled from the cadet corps by the sentence of a court- sentence. martial, he shall, if he feels aggrieved, have the right of appeal to the governor of the State for redress, in which appeal, if case all records of the court shall be forwarded to the gov- -all records ernor for final action, who shall have authority therein forwarded. to approve or disapprove the entire proceedings or any part thereof. Services in the corps of cadets shall be recognized military service. The system of drill and instruction shall conform as far as practicable to the system of drill and instruction of the National Guard. Cadets drill, etc. satisfactorily completing the course of instruction in mil- cadets eliitary science and tactics shall be eligible within five years, missions, after graduation, to commission to the grade of first lieu- when and to tenant in the National Guard without examination. The expenses incurred in the organization and equipment of expenses the corps of cadets shall be paid out of the appropriation how paid. made for the West Virginia University. power of governor. -service in corps of cadets. -system of gible to com what grade. corps, |