NOTES TO CHAPTER 96.

PRISONS.

ARTICLE 1 - THE COUNTY JAIL.

6115. County board to establish. The discretion vested in the board of county commissioners is comprehensive enough to authorize it to build a sheriff's residence in connection with a county jail. Such an act is within the scope of the board's authority. Section 5748 makes it the duty of the board to provide and maintain a county jail, and sections 5868 and 6118 enjoin on the sheriff, as an official duty, that he shall keep the jail. It results as a necessary implication that he must be provided with the means of discharging this duty, and this involves the authority of providing him with a residence as part of the prison structure; Board etc. v. Bunting, 111-144.

6140, 6141. Purchases and manufactures. These sections make it the duty of the warden of the penitentiary, inter alia, to purchase fuel and pay for it by drawing a war. rant. The duty to draw the warrant for fuel sold and delivered to the warden for the use of the penitentiary, is not a duty lying in discretion, but, is an imperative duty; wherefore, a mandamus will lie to compel its performance. Doubtless if the warden should discover that there was any fraud or mistake in a claim presented to him he might reject it or require the proper correction to be made, but a return made by him to a writ, alleging that the claim, sought to be enforced, was rejected by the directors of the prison, because they adjudged that there were improper weights, mistakes of calculations and inferiority in the quality of the fuel does not meet that case, and it is bad as a return in that it does not aver that there was actually fraud or mistake; Patton v. State, ex rel., 117-586.

6143a. Good behavior - Diminution of time. May 25, 1885, one W. was sentenced to imprisonment for a term of five years. March 17, 1888, he was released from imprisonment on parole; but was recommitted to prison, October 21, 1889, on warrant of the governor, for a violation of the terms of the parole. Under this section he would have been entitled to his release December 12, 1889. The paroling by the governor did not operate as an unconditional pardon. On a violation of the condition of parole, which the prisoner had accepted and which made the governor the sole judge of a breach thereof, the governor became empowered to order his recommitment to prison and, under this section, allowing convicts credit for good time, he was not entitled to credit for good time during his absence on parole. So W. became entitled to his discharge at the expiration of the time for which his sentence ran, less the time for which he was entitled as good time earned, although for a part of the time covered by the sentence, he was absent on parole, the conditions of which he violated; Woodward v. Murdock, 124-441.

ARTICLE 4-THE REFORM SCHOOL FOR BOYS.

6203. Reform school for boys. The title of this statute (S., 1883), "an act designating a name by which the house of refuge for the correction and reformation of juvenile offenders shall hereafter be known; providing for the appointment of commissioners and their compensation, and prescribing their powers and duties; regulating the commitments thereto and for the more efficient and uniform government of said institution" etc., is sufficiently comprehensive to embrace section 6211 (§ II of the act), which provides for the commitment of boys to the "Indiana Reform School for Boys." The legislature has power to provide for the reformation of boys who are entering on a career of vice, by prescribing measures for committing them to a reformatory institution (see 191); Jarrard v. State, 116-99.

6211. Viciousness - Complaint-Hearing. This statute provides a method for ascertaining, by a judicial investigation, in a court of general superior jurisdiction,

whether there is cause for taking boys from their parents and placing them in the reform school. It is not an arbitrary proceeding therefor. A complaint that shows that a boy's guardian, because of his advanced age, can not exercise that control and restraint which is necessary to prevent the boy from becoming an evil member of society, and which shows that he is vicious and associates "late at night with immoral, drunken and dissolute persons, at his own pleasure," is good, notwithstanding other statements thereof, which are trifling and ridiculous; Jarrard v. State, 116–100.

AN ACT to amend section 4 of an act entitled "An act to enroll the late soldiers, their widows and orphans, of the armies of the United States, residing in the state of Indiana," approved April 13, 1885. [Approved March 11, 1889; in force May 10, 1889; S., 1889, p. 378.

8497. Enrolment - Blanks, how furnished - Record, use of. SEC. 1. Be it enacted by the General Assembly of the State of Indiana, That section four (4) of the above named act be amended to read as follows: The auditor of each county shall furnish the township assessor, at the expense of his county, such blanks and books as may be necessary for the aforesaid statements, in accordance with the forms to be prescribed by the adjutant general of the state of Indiana; and the circuit clerk shall, within thirty days after the aforesaid statements and rolls are returned to him, procure suitable books at the expense of his county, and prepare duplicate tabular statements thereof by townships, cities and towns, with the names arranged in alphabetical order, one of which he shall forward to the adjutant general of the state of Indiana, and the other shall be filed and retained in his office, and for said services the clerk shall be entitled to the same compensation as now allowed by law for similar services; to be paid out of the county treasury; and each clerk shall furnish a true and certified transcript of such records to any regular organization of ex-soldiers when requested through their officers, and each clerk shall furnish all necessary information contained in said tabular statement to pension claimants, thei widows and orphans, and other claimants for pay and bounty, as they or their agents or attorneys may demand, for which service last mentioned he shall receive no compensation whatever.

AN ACT making it unlawful to withhold, mutilate or destroy discharge papers of soldiers, sailors or marines of the United States and providing penalties therefor. [Approved March 11, 1889; in force May 10, 1889; S., 1889, p. 444.

8498. Soldiers' discharge papers - Withholding, destroying etc. SEC. 1. Be it enacted by the General Assembly of the State of Indiana, That it shall be unlawful for any person or persons who has or have the possession or control of or who may hereafter become possessed of the commission or discharge papers of any officer, soldier, sailor or marine of the United States army or navy, to withhold the same from the party named in such commission or discharge when such officer, soldier, sailor or marine shall demand possession thereof. It shall also be unlawful for any person or persons having possession of any commission or discharge, as aforesaid, to wilfully destroy, mutilate or destroy, or make away with such commission or discharge to the prejudice of the owner thereof, or to deliver the same to any other person other than the party named therein without the written re

quest of such officer, soldier, sailor or marine: Provided, that in case of the death of the party named in such commission or discharge, when the possession may be as aforesaid, the party or parties having possession shall deliver up the same on a written request of the widow or legal representative of such soldier, sailor, officer or marine.

8499. Penal clause. § 2. Any person or persons who shall violate the provisions of the preceding section, or refuse to comply with the requirements thereof, shall be deemed guilty of a misdemeanor and, on conviction thereof, shall be fined not exceeding five hundred dollars and imprisonment not exceeding three months, or both or either, at the discretion of the court or jury trying the cause.

AN ACT authorizing the burial of the body of any honorably discharged ex-Union soldier, sailor or marine who shall hereafter die a resident of this state, not leaving means sufficient to defray funeral expenses and declaring an emergency. [Approved and in force March 6, 1389; S., 1889, p. 139.

8500. Township trustees' duties as to burial-Cost. SEC. 1. Be it enacting [enacted] by the General Assembly of the State of Indiana, That it shall be the duty of the township trustees of this state, in their respective townships, to look after and cause to be interred, in a decent and respectable manner, in any cemetery or burial ground within this state, other than those used exclusively for the burial of the pauper dead, at an expense not to exceed fifty dollars, the body of any honorably discharged ex-Union soldier, sailor or marine, having at any time served in the army or navy of the United States, who shall hereafter die a resident of this state, not leaving means sufficient to defray the necessary funeral expenses, or leaving a family in such indigent circumstances that they would be distressed by the expenses of such burial.

8501. Trustee's duty. § 2. Any such township trustee, before assuming the charge and expense of any such burial, shall first satisfy himself by a careful inquiry into all the circumstances of the case, that such soldier, sailor or marine did not leave means sufficient to defray the necessary expenses of such burial, or if he left a family residing in such township, that said family is unable, without being distressed, to defray such expenses, and, being so satisfied, he shall thereupon cause such deceased soldier, sailor or marine to be buried as provided in section one herein; and he shall also immediately report his action to the board of commissioners of his respective county, setting forth all the facts, and that he found the family of such deceased person, if he had any, unable to pay the expenses of such burial without being distressed, together with the name, rank and command to which such deceased soldier, sailor or marine belonged; the date of his death, place where buried, and his occupation while living; also an accurately itemized statement of the expenses incurred by reason of such burial.

8502. County commissioners' duty. § 3. It shall be the duty of the county commissioners, upon receiving the report and statement provided for in section two herein, to transcribe or cause to be transcribed, in a book kept for that purpose, all the facts contained in said report respecting such deceased soldier, sailor or marine. It shall also be the duty of such county commissioners, immediately upon such death and burial, to make application to the proper authorities of the government of the United States for a suitable headstone, as provided by act of congress, and cause the same to be placed at the head of the grave of such deceased soldier, sailor or marine.

8503. County to pay. § 4. All expenses incurred in such burial shall be allowed by such board of county commissioners and paid out of the county treasury, the same as other legal charges against the county are allowed and paid.

8504. Emergency. § 5. An emergency exists for the immediate taking effect of this act, therefore the same shall take effect and be in force from and after its passage.

AN ACT providing for the assessment and collection of certain taxes for the completion of the state soldiers and sailors' monument, begun under "An act to provide for the erection of a state soldiers and sailors' monument or memorial hall or monument and memorial hall combined, according to the discretion of the trustees in this act provided for, and declaring an emergency," approved March 3, 1887, and making certain appropriations therefor. [Approved March 7, 1891; in force June 10, 1891; S., 1891, p. 341.

8505. Tax levy, purpose. SEC. 1. Be it enacted by the General Assembly of the State of Indiana, That there shall be assessed and collected, as other taxes are assessed and collected, in each of the years 1891 and 1892, the sum of five mills upon each one hundred dollars' worth of taxable property in this state, which money, when collected, shall be placed to the credit of, and known as, the state soldiers and sailors' monument fund, and the same is hereby appropriated for the completion of said state soldiers and sailors' monument, and the money thus collected shall be paid out of said fund, upon warrants of the auditor of state, upon the requisition of the board of commissioners of the said state soldiers and sailors' monument, as now prescribed by law.

8506. Appropriation. § 2. That there be and is hereby appropriated from any funds in the treasury not otherwise appropriated by law, the sum of thirty thousand dollars ($30,000), which shall be placed to the credit of the said state soldiers and sailors' monument fund, which shall be paid out, upon warrants of the auditor of state, upon the requisition of said board, as prescribed by law.

8507. Expenditure, limitation on. § 3. No part of the appropriation herein before provided for shall be expended or placed to the credit of the state soldiers and sailors' monument fund until the board of commissioners of said state soldiers and sailors' monument shall have filed in the office of the secretary of state a bond, payable to the state of Indiana, in the penal sum of one hundred thousand dollars ($100,000), with surety to the approval of the governor, conditioned that said commissioners will fully complete the shaft of said monument now being erected in Circle park in the city of Indianapolis, and the placing of an elevator with the necessary machinery to operate therein; also, place the bronze groups of "war" and 'peace" upon the east and west sides of the pedestal of said monument, and fully complete every other and all the unfinished or uncompleted portions or features of said monument, and that the same will be fully completed in every particular, without any further cost or expense to the state of Indiana, and that no amendments, changes or modifications of the plans or specifications of said monument will be made so as to increase the cost of said monument above the sun of one hundred thousand dollars, and any surplus derived from the levy made in section one of this act above said amount shall become a part of the general fund of the state.