65 preparation therein; to protect the persons and property of the 66 citizens of such city, town or village, and to preserve peace and 67 good order therein, and for this purpose to appoint when nec68 essary a police force to assist the sergeant in the discharge of his 69 duties; to prescribe the powers and define the duties of the officers 70 appoint by the council, fix their terms of service and compen71 sation, require and take from them bonds, when deemed necessary, 72 payable to such city, town or village, in its corporate name, with 73 such sureties and in such penalty as the council may see fit, 74 conditioned for the faithful discharge of their duties; to erect, or 75 authorize or prohibit the erection of gas works, electric light 76 works or water works in the city, town or village; to prevent injury 77 to or pollution of the same, or to the water or healthfulness 78 thereof; to regulate and provide for the weighing of hay, coal 79 and other articles sold or for sale in the city, town or village; to 80 provide a revenue for the city, town or village, and appropriate the 81 same to its expenses; to provide for the annual assessment of tax82 able personal property therein; to impose a license tax on persons 83 or companies keeping for hire carriages, hacks, buggies, or wagons, 84 or for carrying passengers for pay in any such vehicle, in such 85 city, town or village; to adopt rules for the transaction of bus86 iness, and the government and regulations of its own body. CHAPTER 144 (Senate Bill No. 224-Mr. Harmer.) AN ACT to amend and re-enact chapter forty-five of the code as amended by sections one hundred and seventy-two, one hundred and seventy-three, one hundred and seventy-four and one hundred and seventy-five of chapter two of the acts of one thousand nine hundred and nineteen, regular session, and adding thereto sections one hundred and seventy-five-a, one hundred and seventyfive-b, one hundred and seventy-five-c, one hundred and seventyfive-d, one hundred and seventy-five-e, one hundred and seventyfive-f, one hundred and seventy-five-g, one hundred and seventyfive-h, one hundred and seventy-five-i, one hundred and seventyfive-j, one hundred and seventy-five-k, one hundred and seventyfive-l, one hundred and seventy-five-m, and one hundred and seventy-five-n, relating to the West Virginia industrial home. [Passed April 25, 1921. In effect ninety days from passage. Approved by the Governor May 2, 1921.] SEC. 172. 173. 174. 175. West Virginia industrial home; annex to commitment names 175-b. Commitment papers to be for- of detention, how paid. expenses 175-c. Expenses of trial and commit ment; amount, how paid; SEC. 175-d. 175-e. 175-ƒ. 175-g. 175-h. 175-i. 175-j. 175-k. 175-1. 175-m. 175-n. physician and matron's fees, how fixed and paid. Commitment at instance of par- Board of control authorized to person detrimental to other girls or to industrial home; may be re-sentenced to penitentiary; governor's power to remit sentence. Provision for arrest of girl escaping from industrial home; expenses, how paid; board may offer reward. Aiding or abetting girl to escape from industrial home; selling or giving inmate certain articles forbidden; other offenses against home or girl; penalty. Board of control authorized to transfer girls to other institutions under certain circumstances. Premises of industrial home private grounds; penalty for trespassing. Payment by counties of cost of detention; reimbursement by parent or guardian; appropriation for current expenses of home. Lists of inmates for auditor; Certification of list and credit Inconsistent acts repealed. Be it enacted by the Legislature of West Virginia: com That chapter forty-five of the code, as amended, by section one hundred and seventy-two, one hundred and seventy-three, one hundred and seventy-four and one hundred and seventy-five of chapter two of the acts of one thousand nine hundred and nineteen, regular session, be amended and re-enacted and that sections one hundred and seventyfive-a, one hundred and seventy-five-b, one hundred and seventy-five-c, one hundred and seventy-five-d, one hundred and seventy-five-e, one hundred and seventy-five-f, one hundred and seventy-five-g, one hundred and seventy-five-h, one hundred and seventy-five-i, one hundred and seventy-five-j, one hundred and seventy-five-k, one hundred and seventy-five-l, one hundred and seventy-five-m, and one hundred and seventy-five-n, be added thereto (all relating to the West Virginia industrial home,) as hereinafter set forth: Section 172. The West Virginia industrial home, established 2 by chapter eight of the acts of one thousand eight hundred and 3 ninety-seven, shall be and remain where now located, at Indus4 trial, in Harrison county, and shall be exclusively charged with 5 the care, training and reformation of girls between the ages of 6 twelve and eighteen years; but white and colored girls shall be kept 7 separate as far as practicable. Said home shall be managed, 8 controlled and governed by the state board of control, as herein 9 provided, and as provided in chapter fifty-eight of the acts of 10 one thousand nine hundred and nine; but no girl shall be 11 committed thereto as an inmate thereof, who is of unsound 12 mind or imbecilic, or idiotic, or has epilepsy. 13 All agents, officers and servants for the internal management 14 of said home shall be women. Sec. 173. Any girl, a legal resident of the state, between the 2 ages of twelve and eighteen years, may be committed to and be 3 received into the West Virginia industrial home, for any one of 4 the following causes, and in the manner following: 6 First-By a justice of the peace of the county in which said 7 girl resides, on complaint under oath, and due proof made 8 to him, by the parent, guardian or other person having the 9 custody or control of such girl, that by reason of incorrigible 10 or vicious conduct such girl has rendered her control beyond the 11 power of such parent, guardian, or other person, and made it 12 manifestly for the best interests of such girl and of society that 13 she be placed in said home. 14 Second-By a justice of the peace of the county in which said 15 girl resides, upon complaint under oath, and due proof made to 16 him by three reputable citizens that such girl is a vagrant, or 17 is incorrigible or vicious in disposition and conduct, and that 18 her parents, guardian, or other person having custody of, or 19 authority to control her, are depraved or otherwise unfit, unable 20 or unwilling to exercise proper care and discipline over such 21 girl, or has been convicted before any justice of the peace in said. 22 state for any offense involving sex immorality upon the part of 23 said girl; and vagrancy as herein contemplated shall be con24 strued to include, among other things, the following: loitering 25 for purposes of prostitution; street-walking or loitering on public 26 roads or streets at night, without good excuse; living, working or 27 residing in, or loitering or loafing in or about any house of ill 28 fame or bawdy house or house of like character or kind; automo29 bile joy riding at unseemly hours in the night time when unac30 companied by parents or other proper persons, frequenting or 31 loitering or loafing in any and around any public dance hall or 32 public show; and associating with prostitutes or other persons of 33 low morals, either male or female. 34 Third-By the judge of the police or municipal court of any 35 town or city in this state upon complaint made to him under 36 either the first or second clause of this section; or upon due com37 plaint and proof made to such judge that such girl is under the 38 age of sixteen years, and has been found in a house of ill-fame or 39 assignation house. 40 Fourth-By any criminal, intermediate, circuit or other court 41 of this state, when any girl who is a resident of this state, and 42 under the age of eighteen years shall have been convicted in 43 said court of a felony, or of a misdemeanor punishable by im44 prisonment, in which case the judge of said court, in his discre45 tion, instead of sentencing such girl to be confined in the peni46 tentiary or the county jail, may order her to be removed to said 47 West Virginia industrial home, there to remain until she shall 48 have attained the age of twenty-one years, unless sooner dis49 charged or parolled by the state board of control. Any such girl 50 convicted as aforesaid in any of the courts of the United States 51 of the districts of West Virginia, may also be received in said 52 home, upon such regulations and terms as to her maintenance 53 and support, as may be agreed upon by the state board of 54 control, and the proper authorities of the United States. Sec. 174. When any such complaint as is named in the 2 next preceding section is made to a justice or the judge of a 3 police or municipal court, he shall issue his warrant, directing 4 such girl to be brought before him at the time named therein. 5 Upon the hearing before him such justice or judge shall appoint 6 some discreet and disinterested person other than the person 7 making the complaint, as a guardian ad litem for such girl, whose 8 duty it shall be to represent her interests and see that no injustice 9 is done her. Such guardian, or the girl, shall have the right 10 to demand a jury of six citizens to try the truth of the charges 11 made against her; and in such case the jury shall be selected 12 and the trial conducted in the manner provided for the trial of 13 criminal cases before justices by juries. Such guardian or the 14 girl, shall have the right of appeal from any final decision made 15 against her in any such proceeding, either upon a trial by jury or 16 otherwise, as is provided by law in other criminal cases tried be17 fore justices. If the jury finds the girl guilty, or if the hearing 18 be without a jury, and the justice or the judge be of opinion that 19 it is best for the morals and future welfare of such girl, and the 20 peace and good order of society, that she shall be committed to 21 said home, he shall order her to be committed thereto, there to be 22 kept until she is twenty-one years of age, unless sooner released 23 or discharged by the state board of control. If an appeal is 24 taken in the case, the finding or sentence of the justice or the 25 judge shall be suspended. Sec. 175. Before committing a girl to the industrial home, 2 the justice or other authority committing her, shall cause her 3 to be examined by a reputable physician, who is authorized to 4 practice medicine in this state, in order to ascertain whether such 5 girl is sound in mind, and whether or not she is an imbecile or an 6 idiot, or is pregnant, or afflicted with epilepsy, syphilis, gonor7 rhoea or any other infectious or contagious disease, and as to any 8 other particulars that may be prescribed in the rules and regula9 tions of the state board of control. Such examinations shall be 10 made in private; but there shall be present during such examina11 tion a woman of good character, and of mature years, to be named 12 by the justice or the judge. The physician making such exami13 nation shall make out a statement, under oath, respecting the 14 particulars named in the form prescribed by the state board of 15 control, which certificate of the physician shall accompany the 16 commitment. If it shall appear from such examination or other17 wise that such girl is of unsound mind, or is imbecilic or idiotic, 18 or has epilepsy, or any other contagious or infectious 19 disease, or, being over sixteen years of age, is or has 20 been an inmate of a house of ill-fame, or, an assigna21 tion house, she shall not be committed to said home, and 22 the superintendent of the home shall not receive any girl into 23 said home unless the commitment is accompanied by a certificate 24 of health, signed by a reputable physician, showing that she is not 25 of unsound mind, and is not an imbecile or idiot, and is not preg26 nant, nor afflicted with epilepsy, syphilis, gonorrhoea or any 27 other infectious or contagious disease, nor one, who, being over 28 sixteen years of age, is or has been an inmate of a house of ill |