CHAPTER 154 (House Bill No. 53-Mr. Nutter.) AN ACT providing for the establishment of the state industrial home for colored girls. [Passed April 25, 1921. In effect ninety days from passage. SEC. 1. 2. Governor May 2, 1921.] Establishing the state industrial SEC. Approved by the Be it enacted by the Legislature of West Virginia: of Section 1. There is hereby established a state institution to 2 be known as the state industrial home for colored girls. It shall 3 belong to that class of institutions mentioned in section three of 4 chapter fifty-eight of the acts of one thousand nine hundred and 5 nine, and shall be managed and controlled as provided in said act, 6 all the provisions whereof shall be as applicable to said home as 7 if the same were named in said section three of said act. The 8 chief executive officer thereof shall be the superintendent, who 9 shall be a citizen of the state of West Virginia, and a person of 10 good executive ability, and shall be appointed by the governor with 11 the advice and consent of the senate. Sec. 2. The state board of of control and the advisory 2 council to the state board of education, shall jointly se3 lect a suitable site for such home and provide plans 4 for the necessary buildings as soon as practicable after this 5 act shall go into effect; and thereafter all the provisions of said. 6 chapter fifty-eight of the acts of one thousand nine hundred and 7 nine, and of chapter twenty-seven of the acts of one thousand nine 8 hundred and eight and of chapter forty-five of Barnes' code of one 9 thousand nine hundred and sixteen shall govern herein as far as 10 applicable. Sec. 3. Girls eligible to be received into said home are those 2 who are from seven to eighteen years of age, and who may be com3 mitted by any justice of the peace of this state, on complaint and 4 due proof made to him by the parents, guardian or next friend of 5 such girl, that by reason of incorrigible or vicious conduct, such 6 girl has rendered her control beyond the power of such parent, 7 guardian or next friend, and made it manifestly best that such 8 girl should be placed in said home; or by any criminal, circuit 9 or intermediate court of this state. Girls may be so committed 10 for vagrancy up to eighteen years of age, or where parents, guard11 ian or next friend agree and contract with the board of control 12 for their support and maintenance, or girls up to fifteen years of 13 age, who may be found in houses of ill fame or assignation houses, 14 upon conviction thereof before any justice of the peace, mayor of 15 a town or city; or girls convicted by any of the courts of this 16 state of felony or misdemeanor, punishable by imprisonment, the 17 judge in his discretion, instead of confining such girl in the county 18 jail or sending her to the penitentiary, may transfer such girl so 19 convicted to said home, from any county of this state; provided 20 there is room there for such girl. Every girl committed to said 21 home shall remain there until she is twenty-one years of age, 22 unless sooner discharged. Sec. 4. The state board of education and the advisory council 2 thereto shall have supervision and control over the educational 3 affairs of this institution. CHAPTER 155 (House Bill No. 54-Mr. Nutter.) AN ACT providing for the establishment of the state industrial school for colored boys. [Passed April 25, 1921. In effect ninety days from passage. Approved by the Governor, May 2, 1921.] Be it enacted by the Legislature of West Virginia: Section 1. There is hereby established a state institution to 2 be known as the state industrial school for colored boys. It shall 3 belong to that class of institutions mentioned in section three of 4 chapter fifty-eight of the acts of one thousand nine hundred and 5 nine, and shall be managed and controlled as provided in said 6 act, all the provisions whereof shall be as applicable to said school 7 as if the same were named in said section three of said act. The 8 chief executive officer thereof shall be the superintendent, who 9 shall be a citizen of the state of West Virginia, and a person of good 10 executive ability, and shall be appointed by the governor with the 11 advice and consent of the senate. of control and the advisory education shall jointly seschool and provide plans Sec. 2. The state board of 2 council to the state board of 3 lect a suitable site for such 4 for the necessary buildings as soon as practicable after 5 this act shall go into effect; and thereafter all provisions of said 6 chapter fifty-eight of the acts of one thousand nine hundred and 7 nine, and of chapter seventy of the acts of one thousand nine hun8 dred and thirteen and chapter forty-five of Barnes' code of one 9 thousand nine hundred and sixteen shall govern herein as far 10 as applicable. Sec. 3. Any male youth under the age of eighteen, and not 2 under the age of ten years, may be committed to and received into 3 the state industrial school for colored boys, for the reason and in 4 the manner following: (a) By a justice of the peace of the 5 county in which he resides, on complaint under oath and due proof 6 made to him by the parent, guardian or other persons having the 7 custody and control of such youth, that by reason of incorrigible 8 or vicious conduct such youth has rendered his control beyond 9 the power of the parent, or guardian or such other person, and 10 made it manifestly requisite that, from regard for the morals and 11 future welfare of such youth and the peace and order of society, 12 he shall be placed in said school. (b) By the same authority, 13 upon complaint under oath, and due proof before the justice that 14 such youth is a vagrant, incorrigible or vicious in disposition and 15 conduct, and that his parents, guardian, or other person having 16 custody of or authority to control him, are depraved or otherwise 17 unfit, unwilling or unable to exercise care or discipline over such 18 youth. Sec. 4. Whenever any male youth under the age of eighteen 2 years, shall be convicted in any of the courts of this state of felony 3 or a misdemeanor, punishable by imprisonment, the judge of said 4 court in his discretion, and with reference to the character of the 5 industrial school as a place of correction and not punishment, in6 stead of sentencing said youth to be confined in the penitentiary or 7 county jail, may order him to be removed to and.confined in the 8 said industrial school, to remain until he shall have arrived at the 9 age of twenty-one years, unless sooner discharged by the state 10 board of control. Male youth under eighteen years of age, con11 victed in any of the courts of the United States for the districts 12 of West Virginia, of any offense punishable by imprisonment, may 13 also be received into said industrial school upon such regulations. 14 and such terms as to their maintenance and support as may be 15 prescribed by the state board of control, and assented to by the 16 proper authorities of the United States. Sec. 5. The state board of education and the advisory board. 2 thereto shall have supervision and control over the educational 3 affairs of said school. CHAPTER 156 (House Bill No. 196-Mr. McClintic, of Kanawha.) AN ACT to provide for the employment of counsel in counties with a population of one hundred thousand or more for the purpose of furnishing legal advice to the county court, to conduct litigation of a civil character to which the county court is a party and to fix the compensation of such counsel. [Passed April 19, 1921. In effect from passage. April 30, 1921.] Approved by the Governor employ legal council in matters of a civil nature; county court to fix compensation; removal. Be it enacted by the Legislature of West Virginia: Section 1. The county court of any county, having a popula2 tion, according to the last official census of one hundred thousand 3 or more, together with the judge of the circuit court of such 4' county, shall have authority to employ such legal counsel as they 5 may deem necessary for the purpose of advising such county court 6 touching all matters of a civil character and to conduct any litiga7 tion of a civil character to which the county is a party. The 8 county court shall also have authority to fix the compensation of 9 any counsel so employed which shall not exceed the sum of four 10 thousand dollars annually and to pay the same out of the county 11 treasury. Any such counsel so employed may be removed at the 12 pleasure of the county court. CHAPTER 157 (House Bill No. 246-Mr. McClintic, of Kanawha.) AN ACT to create a commission, known as the "State Sinking Fund Commission", and to prescribe its powers and duties relating to administering interest and sinking funds for the bond issues of the several counties, districts, school districts, independent school district and municipalities of the state. [Passed April 14, 1921. In effect ninety days from passage. Approved by the Governor April 22, 1921.] Same; to make annual statement to taxing districts of levy repuired; officers of taxing districts to make reports to commission. Interest or interest coupons and bonds of taxing districts payable at office of state treasurer. Provisions for deposit of interest and sinking funds; if deposit insufficient, taxing district to remit duty of state officials in connection with money collected by them. Bond issues to be offered to commission; action of commission; not to conflict with investment of workmen's compensation fund. When act does not apply; inconsistent acts repealed. Be it enacted by the Legislature of West Virginia: Section 1. A commission to be known as the "State Sinking 2 Fund Commission" is hereby created. The state tax commissioner, 3 secretary of state, state auditor and state treasurer shall be ex4 officio members of and constitute said commission. The state tax 5 commissioner shall be chairman and the secretary of state, secretary 6 of said commission. A minute record shall be kept by said commis7 sion, in which shall be entered a record of all of its proceedings. Sec. 2. The commission is hereby authorized to employ an 2 assistant secretary and such other employees as may be necessary 3 to carry out the purposes of this act, who shall hold their posi4 tions at the pleasure of the commission. All expenses incurred 5 by the commission in the administration of this act, including 6 traveling expenses, when absent from the capital and engaged in 7 the business of the commission, shall be paid as other claims against 8 the state out of any appropriations made by the legislature for 9 such purpose. Sec. 3. It shall be the duty of the state sinking fund commis2 sion to administer all interest and sinking funds required for the 3 bond issues of the several counties, districts, school districts, inde4 pendent school districts and municipalities of the state. |