show cause why said girl should not be committed to the Industrial School for reformation and instruction. But no girl shall ever be committed to the Industiral School in any case who is under the age of seven years or who is not of sound mind.

ORDER, 1655.

SEC. 13. Said order shall be served by the sheriff or other officer by delivering a copy thereof personally, to the party to whom it is addressed or leaving it with some person of full age at the place of resdience or business of said party and immediate return shall be made to the said judge of the time and manner of such service. The fees of the sheriff or other officer under the chapter shall be the same as now allowed by law for like services.

HEARING, 1656.

SEC. 14. At the time and place mentioned in said order or at the time and place to which it may be adjourned if the parent or guardian to whom said order may be addressed shall appear, then in his or her presence or if he or she fail to appear, then in the presence of some suitable person whom the judge shall appoint as guardian for the purposes of the case, it shall and may be lawful for the said judge to proceed to take the voluntary examination of said girl and to hear the case as may be produced, and if upon such examination and hearing the said judge shall be satisfied that the girl is a fit subject for the Industrial School he may commit her to said school by warrant.

WARRANT, 1657.

SEC. 15. The judge shall certifiy in the warrant the place in which the girl resided at the time of her arrest, also her age as near as can be ascertained and command the said officer to take the said girl and deliver her without delay to the superintendent of said school or other person in charge thereof at the place where the same is established; and such certificate for the purpose of this chapter shall be conclusive evidence of her residence or age. Accompanying this warrant the judge shall transmit to the superintendent by the officer executing it a statement of the nature of the complaint together with such other particulars concerning the girl as the judge is able to ascertain.

APPEAL, 1658.

SEC. 16. If the judge is of the opinion that the girl is not a fit subject for the school, or if said girl shall appeal from the decision of the court in which the conviction was had, he shall remand her to the custody of the officer who had her in charge to be returned to the magistrate before whom the conviction was had to be dealt with according to law.

COMPLAINT BY PARENT, 1659.

SEC. 17. If any parent or guardian shall make a complaint to a judge of a court of record that any girl, the child or ward of such parent or guardian, is habitually vagrant or disorderly or incorrigible, it shall and may be lawful for said judge to issue a warrant to have the sheriff or constable to cause said girl to be brought before him at such time and place as he may appoint, when and where said judge shall examine the parties, and if in his judgment the girl is a fit subject for the Industrial School he may issue an order, with the consent of said parent or guardian endorsed thereon, to be executed by a sheriff or constable, committing such girl to the custody of the Superintendent of said school for reformation and instruction till she shall attain the age of twenty-one years; provided, that security for the payment of the expenses of said complaint, commitment and of conveying said girl to the Industrial School and the expenses of board at such school may in the discretion of said judge be required of said parent or guardian.

DISCHARGE, 1660.

SEC. 18. No girl shall be committed to said Industrial School for a longer term than until she attain the age of twenty-one years, but the said Trustees by their order may, at any time after one year's service, discharge a girl from said school as a reward of good conduct in the school and upon satisfactory evidence of reformation.

SEC. 19. Any girl committed to the Industrial School shall be there kept, diciplined, instructed, employed and governed under the direction of the Trustees until she arrives at the age of twenty-one years, is reformed or legally discharged.

1661.

The discharge of a girl as reformed or having arrived at the age of twenty-one years shall be a complete release from all penalties incurred, by conviction of the offense for which she was committed.

TRANSFERRED TO REFORMATORY, 1662.

SEC. 20. Any girl committed to the Industrial School Department who shall prove unmanagable, or whose presence shall be detrimental to the said school, may be transferred to the Reformatory Department of this institution until she shall give such evidence of reformation as in the judgment of the said Board and Superintendent shall render her a fit subject for the said school.

And any female under the age of twenty-one years who shall be committed to the Reformatory Department may if she so desires, upon good behavior and upon the judgment of the Trustees and Superintendent, be transferred

to the Industrial School Department and be subject to all laws, rules and regulations governing such department.

TRANSFERED TO PRISON.

SEC. 21. If any female sentenced by any court of record to the Reformatory department of this Institution, shall prove unruly or incorrigible or if her presence shall be manifestly and persistently dangerous to the welfare of the Reformatory, the Trustees and Superintendent shall have power to remove her to the prison department of this institution until the expiration of the term for which she was committed, or until such time as she shall have shown by good behavior that she may safely be returned to the Reformatory.

AIDING TO ESCAPE, 1663.

SEC. 22. Every person who unlawfully aids or assists any girl lawfully committed to this institution in escaping or attempting to escape therefrom or knowingly conceals such girl after her escape, shall be punished by fine not exceeding one thousand dollars and imprisonment in the penitenitary not exceeding five years.

APPROPRIATION FOR BUILDING.

SEC. 23. That for the purpose of erecting the necessary buildings and carrying out the provisions of this act, there be and is hereby appropriated out of any money in the State treasury not otherwise appropriated, the sum of twenty-five thousand dollars to be paid by the Treasurer of State upon warrants drawn by the State Auditor issued as directed by the Executive Council in payment of claims audited and allowed by them.

BUILDING.

SEC. 24. It shall be the duty of the Executive Council as soon as prac ticable after the taking affect of this act, to cause to be erected upon the grounds belonging to the State at Mitchellville, but separate and apart from the building occupied as the girls' department of the Iowa Reform School, a suitable building or buildings with the necessary and proper prison and reformatory accommodations for said institution and for that purpose after adopting the best practicable plan and specifications for such building or buildings, shall advertise for bids and let the erection of said building or buildings to the lowest responsible bidder or bidders and shall see that the same is erected according to the plan and specifications adopted, and they may for that purpose employ a competent architect to superintend the erection thereof and they shall audit and allow claims presented to them for work faithfully done and material furnished according to contract entered into for the construction of said building

or buildings and direct the Auditor of State to issue warrants therefor; provided, however, that the entire cost of the construction and completion of said building or buildings shall not exceed the sum by this act appropriated. And any contract or agreement calling for a greater expenditure or entailing upon the State a greater liability than the sum herein appropriated, shall be absolutely null and void.

UNLAWFUL to Send.

SEC. 25. As soon as said institution is ready for the reception of inmates the Governor shall cause the judges of the several district courts of the State to be notified thereof, and thereafter it shall be unlawful for any court to sentence any female convict to the State prison either at Fort Madison or Anamosa, but thereafter every female convicted of any criminal offense for which she might be sentenced to the penitentiary if the institution created by this act were not established, shall be sentenced to imprisonment in said Reformatory and Prison at Mitchellville for the same time for which such female convict might be sentenced to the penitentiary were it not for the institution created by this act.

REMOVAL OF CONVICTS.

SEC. 26. The Governor shall also, upon the completion of said building or buildings and as soon as the institution is ready for the reception of inmates, cause to be removed thereto from the penitentiaries at Fort Madison and Anamosa, all female convicts therein confined, and it shall be the duty of the wardens of said penitentiaries respectively upon the order of the Governor therefor to convey and transfer to said institution at Mitchellville all female convicts who may then be confined in said penitentiary and deliver them to the Superintendent of said institution with a certified statement setting forth the name of each convict and showing when, where, by what court, for what crime and for what term of imprisonment she was sentenced, which statement duly signed by the warden, shall be sufficient authority for the confinement of such convict in said institution for the remaining portion of the term for which she was sentenced.

CHANGE OF NAME.

SEO. 27. The girls' department of the Reform School, situated at Mitchellville, be and hereby is placed under the management and control of the Board of Trustees and Superintendent of the institution created by this act, and shall be known as the Iowa Industrial School.

APPROPRIATION FOR SUPPORT.

SEC. 28. There is hereby appropriated out of any money in the State treasury not otherwise appropriated the sum of ten dollars per

month, or so much thereof as may be necessary, for each inmate actually supported in the institution by this act created, counting the average number sustained in the institution for the month; and upon the presentation to the Auditor of State each month of a sworn statement by the Superintendent of the average number of inmates supported by the institution for the preceding month, the Auditor of State shall draw his warrant on the Treasurer of State in favor of the Treasurer of the Board of Trustees of this institution for the sum herein before provided.

CHAPTER 176.

APPROPRIATION FOR BENEDICT HOME.

S. F. 288.

An ACT for an Appropriation for the Benedict Home.

Be it enacted by the General Assembly of the State of Iowa: SECTION 1. There is hereby appropriated out of any money in the State Treasury not otherwise appropriated, the sum of five thousand dollars to be expended in the judgment of the Executive Council for the enlargement and support of a refuge for fallen women of Iowa, known as the Benedict Home, and situated just north of the city limits of Des Moines, Polk County, Iowa.

Approved April 7, 1884.

Unfortunately for our bill for the reformatory, it necessarily had to touch the interest of our then Reform School, changing its name to "Industrial," which it now is. This would unharness all the faculty; trustees, members of the board, superintendent and teachers would all necessarily have to be reappointed, or be displaced. This together with the plea that it would stigmatize the school to allow the reformatory and prison combined to occupy any part of the eighty acres of ground which the State then owned in connection with the school; and, added to this, the warden of the penitentiary at Anamosa joined in the fight against us, having an ambition that the women criminals should be retained in the common penitentiary. I remember well his expression, when he first understood what we were aiming to do, which was: "I will fight you."

I had arrested the attention of Mr. Martin, then warden of Anamosa penitentiary, by telling the story of a woman, an ex-convict, with whom I providentially came in contact. As