suitable material, at the expense of the state, for writing, enclosing, sealing, stamping, and mailing letters, sufficient for writing at least one letter a week, provided they request the same, unless they are otherwise furnished with such material; and all such letters shall be dropped by the writers thereof, accompanied by an attendant when necessary, into a postoffice box, provided by the state at the hospital for the insane, and kept in some place easy of access to all the patients; and the contents of such postoffice box or boxes shall be collected once every week by an authorized person, and by him placed into the hands of the United States mail for delivery. And it is hereby made the duty of the superintendent of every hospital for the insane in the state, either public or private, to deliver or cause to be delivered to said person any letter or writing to him or her directed, without opening or reading the same, or allowing it to be opened or read without consent of the recipient of such letter, or the request or consent of the writer.

3426. That any person refusing or neglecting to comply with, or willfully and knowingly violating any of the provisions of this act, shall, upon conviction thereof, be punished by imprisonment in the penitentiary for a term not exceeding three years nor less than six months, or by a fine not exceeding $500, or both, at the discretion of the court, and by ineligibility to any office in the asylum afterward. 3427. A printed copy of this act shall be framed and kept posted in every ward of every hospital for the insane, both public and private, in the state of Nebraska.

Secs. 3428 to 3434. "An act to establish and maintain in Nebraska a soldiers' and sailors' home." 1887, p. 622. In force March 4. (Secs. 7 and 8 repealed 1891, p. 340.

3428. Establishment.-That there shall be established and maintained by the state of Nebraska an institution to be known as the Nebraska soldiers' and sailors' home, the object of which shall be to provide homes and subsistence to honorably discharged soldiers, sailors, and marines, and also hospital nurses who served in the United States army or navy or hospitals during the war of the rebellion, who shall at the time of application for admission to such home have been an actual bona fide resident of this state for two years next preceding such application, and who have become disabled by reason of such service, old age, or otherwise, from earning a livelihood, and would be dependent on public or private charities, and also the wives of such soldiers, sailors, or marines, who have attained to the age of fifty years, and the widows of soldiers, sailors, or marines who died while in the service of the United States, and the widows of such soldiers, sailors, or marines who were honorably discharged from such service and have since died; Provided, Such widow shall have been a bona fide resident of this state for two years immediately preceding admission to such home, and have attained the age of fifty years, and is unable to earn a livelihood and is dependent on public or private charities; Provided further, That all applications for admission to said home shall be made to the county board of the county in which the applicant resides, and it shall be and is hereby made the duty of any county board in this state to whom such application shall be made to inquire into the condition of such applicant, and if upon inquiry it be found that the applicant is unable by reason of disability or old age to earn a livelihood for him or herself and is dependent on public or private charities for maintenance, then the county board shall at once forward the application, together with their finding in regard to the condition of such applicant, under their seal to the legally authorized board of such home, whose duty it is now or hereafter it may be to receive and act upon such applications for admission thereto.

Amended and last proviso added 1881, p. 341.

3429. [Buildings.]-The board of public lands and buildings shall, as soon

as practicable after this act shall take effect, take the necessary steps for the erection and furnishing of a suitable central building for such institution, capable of accommodating not less than 25 nor more than 50 persons, in addition to the necessary officers and employees. They shall advertise for plans and specifications for such building, and upon the adoption of the same, shall at once advertise for sealed proposals for the erection and completion of said building in accordance with such plans and specifications; and shall let the contract to the lowest bidder therefor, who shall be required to enter into a written contract for the erection and completion of said building in accordance with the bid and the plans and specifications adopted by the board. He shall also give a bond for the faithful performance of his contract, in such sum as the board shall deem ample.

3430. [Location.]-Such soldiers' and sailors' home shall be located not less than three miles nor more than six miles from the corporate limits of the city of Grand Island; Provided, there shall be donated and conveyed to the state of Nebraska in fee simple, not less than 640 acres of land suitable as a site for said institution; to be approved and accepted by the board of public lands and buildings. If such lands shall not be donated and conveyed within 30 days after this act shall take effect, then the board of public lands and buildings shall locate and establish the same at some other suitable point, where such donation shall be made, having regard to the welfare of the institution and the health of its inmates.

3431. The governor shall appoint five persons, three of whom shall be honorably discharged volunteer soldiers of the United States army, and two of whom shall be either wives, sisters, or daughters of honorably discharged soldiers, sailors, or marines, and members of the Women's Relief Corps of this state, as a visiting and examining board, who shall serve for three years from the date of their appointment, one of whom shall serve until April 1, 1892, two until April.1, 1893, and two until April 1, 1894, as may be determined by lot, and their successors, respectively, shall serve three years each, and in every case a member shall hold his or her office until their successor shall be appointed and qualified. They shall each give bond in the sum of two thousand dollars ($2,000) for the faithful discharge of their duty, and shall take and subscribe an oath to support the constitution of the United States and of the state of Nebraska, to faithfully discharge the duties of his or her office without fear or favor. The members of such board shall receive as compensation for their services, the sum of four dollars ($4) per day for each and every day of actual service, and all necessary expenses incurred in the discharge of their duties. The governor shall have power to remove any member of the board for inefficiency or other good and sufficient cause, and any vacancy occurring from death, removal, or otherwise, shall be filled in the same manner as above.

Re-written 1889, p. 342.

3432. The management of the home shall be vested in the visiting and examining board, who shall visit said home at least once each month, and inquire into the conduct and management of the affairs of the same, and the treatment of the members thereof, define the duties of the officers, fix their compensation, and to make all necessary by-laws, rules, and regulations for the government of the institution and its inmates. They shall prescribe rules of admission to said home, in accordance with the provision and object of this act. They shall from time to time, as they may deem necessary or advisable, cause such lands as may not be necessary in connection with the central building to be surveyed and platted into suitable tracts of two and one-half (21) acres or more, with regularly laid out streets and alleys, and shall cause neat and comfortable cottages and outbuildings to be erected thereon as may be found necessary, and shall assign tracts of land and cottages to such of the inmates as

may be able to partially support themselves by manual labor. Such land shall be cultivated under such rules as may be adopted for the government of such home. They shall appoint one of their number to be president and one as secretary. They shall hold their stated meetings at the institution, at least as often as once each month such time as they may appoint, and called meetings at the call of the president, or at request of three members of the board. A majority of the board shall constitute a quorum for the transaction of business. At each regular meeting they shall inspect the institution under their charge, and they, or any one of them, may visit and inspect at any time. They shall from time to time order such expenditures, either for permanent improvement or otherwise as in their judgmeni they deem necessary; Provided, however, That no liability shall be incurred that will exceed the appropriation made for any specific purpose. They shall make contracts for furnishing supplies for the institution and the inmates thereof with the lowest and best bidder once each quarter at such time as the board may deem best, after giving at least two weeks' notice in such manner as the board may direct. The board is authorized to furnish such support and care to inmates of said institution as may be deemed necessary to render such persons comfortable, taking into consideration their ability to partially support themselves. All contracts for the erection of any buildings or other improvements shall be let to the lowest responsible bidder, and the board shall have power to reject any and all bids either for the erection of buildings or the furnishing of supplies for said soldiers' and sailors' home. They shall audit all bills and vouchers for expenditures for the institution before the same shall be paid.

Rewritten 1891, p. 343.

3433. The commandant, before entering upon the duties of his office, shall give a bond payable to the state of Nebraska in such amount and such sureties, not less than two, as shall be approved by the visiting and examining board and by the governor, conditioned upon the faithful performance of the duties of his office, which shall be filed in the office of the secretary of state. He shall be the financial agent of the visiting and examining board, and shall have charge of the premises, property, and inmates subject to their direction. He shall, with the consent of the visiting and examing board, appoint all subordinate officers and employees, and assign them their respective duties, and with the consent of said board discharge them from service. He shall see that all officers and employees of the institution faithfully discharge their duties, and shall be directly responsible to the board for the economy, efficiency, and success of the internal management of said institution. *(Sec. 9.) On or before the first day of December preceding each regular session of the legislature, the visiting and examining board shall make out and transmit to the governor a full and detailed report of all their transactions and doings for the two years ending on the thirtieth day of November immediately preceding, showing, for the two years, and for each of them separately, the number of inmates admitted and discharged since their last report, the number then remaining in the institution, the average annual attendance, the receipts, disbursements and expenditures of moneys or other funds, the valuation of property on hand, the amount of each appropriation or fund under their control, and the balance thereof remaining unexexpended in the treasury of the state; Provided further, That the governor may call for and require special reports when in his judgment the public interest shall demand the same.

Rewritten 1891, p. 345.

*In the enrolled bill the words "Section 9" are inserted in the body of the section, but all that follows is printed as if it were a part of sec. 6. Sec. 9 is not elsewhere mentioned, either in the title or in the body of the

act.

3434. Provided, Nothing in this act shall be construed to deny any old soldier or sailor, who is properly a subject to be admitted to the home, the privilege of paying his board or any part thereof if he so desires.

Amended 1891, p. 346.

II. PENAL INSTITUTIONS.

Secs. 3435 to 3448 formed ch. 29, R. S. 1866, p. 242, entitled "Jails."

3435. The judges of the district courts of the several judicial districts of this state shall, from time to time, as they may deem necessary, prescribe, in writing, rules for the regulation and government of the jails in the several counties within their respective districts, upon the following subjects: First-The cleanliness of the prison and prisoners. Second-The classification of prisoners in regard to sex, age, and crime, and also persons insane, idiots, and lunatics. Third-Beds and clothing. Fourth-Warming, lighting, and ventilation of the prison. Fifth-The employment of medical and surgical aid when necessary. Sixth-Employment, temperance, and instruction of the prisoners. Seventh-The supplying of each prisoner with a Bible. Eighth-The intercourse between prisoners and their counsel and other persons. Ninth-The punishment of prisoners for violation of the rules of the prison. Tenth-Such other regulations as said judges may deem necessary to promote the welfare of said prisoners. Provided, That said rules shall not be contrary to the laws of this state.

3436. [Publication of rules.]-The said judges shall, as soon as may be, cause a copy of said rules to be delivered to the county commissioners in the several counties in their respective judicial districts; and it shall be the duty of said commissioners forthwith to cause the same to be printed, and to furnish the sheriff of their county with a copy of said rules for each and every room or cell of said jail, and also to forward a copy of said rules by mail to the state auditor, who shall carefully file away and preserve the same.

3437. The said sheriff shall, immediately on the receipt of said rules, cause a copy thereof to be posted up and continued in some conspicuous place in each and every room or cell in said jail.

3438. The said judges may, from time to time, as they may deem necessary, revise, alter, or amend said rules, and such revised, altered, or amended rules shall be printed and disposed of by said commissioners and sheriff in the same manner as is directed by the second and third sections of this chapter.

3439. The sheriff, or, in case of his death, removal, or disability, the person by law appointed to supply his place, shall have charge of the county jail of his proper county, and of all persons by law confined therein, and such sheriff or other officer is hereby required to conform, in all respects, to the rules and directions of said district judge above specified, or which may from time to time by said judge be made and communicated to him by said commissioners.

3440. The sheriff or other officer performing the duties of sheriff, of each county of this state, shall procure, at the expense of the proper county, a suitable book, to be called the jail register, in which the said sheriff, by himself or his jailer, shall enter: First-The name of each prisoner, with the date and cause of his or her commitment. Second-The date or manner of his or her discharge. Third -What sickness, if any, has prevailed in the jail during the year, and if known, what were the causes of such disease. Fourth-Whether any or what labor has been performed by the prisoners, and the value thereof. Fifth-The practice observed during the year, of whitewashing and cleaning the occupied cells or apartments, and the times and seasons of so doing. Sixth-The habits of the prisoners as to personal cleanliness, diet, and order. Seventh-The operations of the rules

and directions prescribed by the district judge. Eighth-The means furnished prisoners of literary, moral, and religious instruction, and of labor. Ninth—All matters required by said rules, or in the discretion of such sheriff deemed proper. The said sheriff or other officer performing the duties of sheriff shall carefully keep and preserve the said jail register in the office of the jailer of his proper county, and at the expiration of said office shall deliver the same to his successor in office.

3441. The sheriff or other officer performing the duties of sheriff, shall, on or before the first day of November in each year, make out in writing from said jail register a jail report, one copy of which said report he shall forthwith file in the office of the clerk of the district court of the proper district, one copy with the county clerk of his county, for the use of the commissioners thereof, and one copy of said report he shall transmit to the secretary of state, and it shall be the duty of the secretary of state to communicate the reports of the several sheriffs of the state to the legislative assembly on or before the first day of its session.

3442. It shall be the duty of the district court to give this chapter in charge to the grand jury once each term of said court, and lay before them any and all rules, plans, and regulations established by the district judge, relating to county jails and prison discipline, which shall then be in force.

3443. The grand jury of each county in this state shall, once at each term of the district court, while in attendance, visit the jail; examine its state and condition; examine and enquire into the discipline and treatment of prisoners, their habits, diet, and accommodations; and it shall be their duty to report to said court, in writing, whether the rules of the said district judge have been faithfully kept and observed, or whether any of the provisions of this chapter have been violated, pointing out particularly in what said violation, if any, consists. It shall be also the duty of the county commissioners of each county of this state to visit the jail of their county once during each of their sessions, in January, April, July, and October of each year.

3444. It shall be the duty of the county commissioners, at the expense of their respective counties, to provide suitable means for warming the jail and its cell or apartments, frames and sacks for beds, night buckets, and such other permanent fixtures and repairs as may be prescribed by the said district judge; said commissioners shall also have power to appoint a physician to the jail, when they may deem it necessary, and pay him such annual or other salary as they may think reasonable and proper, which salary shall be drawn out of the county treasury.

3445. That the sheriffs or jailers of the several counties, who have the custody of the state prisoners confined in the jails of such counties, shall receive for boarding such prisoners the sum of seventy-five cents per day; and such sheriffs and jailers are hereby authorized to provide such fuel, lights, washing, and clothing as may be necessary for the comfort of such prisoners while in their custody; and such sheriffs or jailers shall, on the first day of January, April, July, and October of each year, make a report in writing to the state auditor of the number of state prisoners in his custody for the last three months before making his report, when committed, and for what time, and the amount due him for boarding such prisoner; the amount of clothing furnished each prisoner and the cost of the same; also the amount expended by him for washing, lights, and fuel, for that quarter; which account shall be sworn to by said sheriff or jailer before the clerk of the county of which he is sheriff or jailer, and certified to under his seal. Thereupon the state auditor shall draw his warrant upon the state treasurer for the amount due such officer, payable to him; and when the condition of the jails in the state require a constant guard to be kept, to prevent the escape of prisoners confined therein, the