CHAPTER 86.-STATE PENITENTIARY.

SECTION 1. [Officers.]-The officers of the penitentiary shall consist of one warden, who shall be the principal keeper of the penitentiary and clerk of the board of inspectors; one deputy warden, who shall be chief turnkey, and both of whom shall reside at the prison; one physician, and one chaplain, and such number of assistant keepers and guards as the warden and inspectors shall deem requisite. [1871 § 15, 29.]

SEC. 2. [Warden -The warden shall be appointed by the governor, by and with the consent and advice of the senate, and shall hold his office for the term of two years, and until his successor shall be appointed and qualified, unless sooner removed by the governor. [Id. § 16.]

SEC. 3. Other officers--Appointment.-The chaplain and physician shall be appointed by the board of inspectors, and shall hold their respective offices during the pleasure of the board; the deputy warden, and assistant keepers and guards shall be appointed by the warden, with the assent of the inspectors, and shall hold their office during the pleasure of the warden. [Id. § 17.]

SEC. 4. [General oversight by board-Reports.]-The inspectors, from time to time, shall inquire into and examine all matters connected with the government, discipline, and police of the penitentiary, the punishment and employment of the prisoners confined therein, and they may, from time to time, require reports from the warden in relation to any and all of said matters. [Id § 18.]

SEC. 5. [Same -They shall inquire into any improper conduct alleged to have been committed by the warden, or any other officer of the penitentiary and for that purpose the president of the board has power to issue subpoenas to compel the attendance of witnesses and the production of papers and writings before them, in the same manner, and with like effect, as in cases of arbitration. [Id. § 19.]

SEC. 6. [Same-Examine witnesses,]-The inspectors may examine any witnesses who appear before them on oath to be administered by the president of the board, or, in his absense, by any other inspector. [Id. § 20.1

SEC. 7. Inspection by board.]-The warden and other officers of the penitentiary, at all times shall admit the inspectors, or either of them, into every part of said penitentiary, exhibit to them, or either of them, on demand all the books, papers, accounts and writings pertaining to the penitentiary, or to the business, government, discipline or management thereof, and render them every other facility in their power to enable them to discharge their duties under this title. [Id. § 21.]

SEC. 8. [Officers furnished copy of rules.]-A printed copy of the rules and regulations of the penitentiary shall be furnished to every officer and guard of said penitentiary, at the time he is appointed and sworn. [Ïd. § 24.]

SEC. 9. Warden's daily journal.]-The warden or deputy warden shall keep a daily journal of the proceedings of the penitentiary, in which he shall note all infractions of the rules and regulations of the penitentiary, by any officer or guard thereof, and make a memorandom of every complaint made by any convict of cruel or unjust treatment by any officer of the penitentiary, or a want of pro per clothing or food, and also any infraction of the rules and regulations of the penitentiary by any prisoner, naming him and specifying the offense, and also what punishment, if any, was awarded; which journal shall be laid before the inspectors at every stated meeting, and at every special meeting, when demanded [Id. § 25.]

SEC. 10. [Report to governor.]-The inspectors, on the first Monday of December annually, shall audit, correct and settle the accounts of the warden with the prison and the state, for the year ending on the last day of November preced

NOTE.-"An act to provide for the erection of a penitentiary and for the care and custody of state convicts." Laws 1870, 25. Took effect March 4, 1870. All the provisions of the original act providing for the erection of building, sale of lands granted by U. S., duties of original inspectors, and subsequent acts relating to taxes, are omitted. Duties of inspectors now devolves on board of public lands and buildings.

SEC. 3. The power of appointment and removal under Const. 1875 vests in the governor. 7 Neb. 44.

ing, and make report of the same immediately to the governor, which report must embrace and exhibit all particulars necessary to give the governor a full understanding of the fiscal year and all other matters pertaining to the management of the prison, and they shall at the same time furnish an estimate of the probable income and expense of the penitentiary for the ensuing year. [Id. § 26.]

SEC. 11. [Prison library.]-They shall appropriate annually, out of the fees received from visitors, or from other funds of the penitentiary, a sum not less than twenty-five dollars, to be expended in the purchase of books or periodicals for the use of the prison library. [Id. § 28.]

SEC. 12. [Salaries of officers.]-There shall be paid to the officers of the prison the following yearly salaries and compensation, to be paid quarterly out of the state treasury, on the warrant of the auditor, to wit: To the warden, the sum of fifteen hundred dollars; to the deputy warden, the sum of nine hundred dollars; to the inspectors, the sum of five dollars per day for each day actually and necessarily employed in the discharge of their duty; to the chaplain, and physician, and assistant keepers, and guards, such sums as the board of inspectors deem proper and just. [Id. § 29.]

SEC. 13. [Warden-Duties.]-The warden shall attend constantly at the penitentiary, except when performing some other duty connected with his office; he shall exercise general supervision over and give necessary directions to the keepers and guards, examine whether they have been vigilant in the discharge of their respective duties, examine daily into the health of the prisoners, and take charge of the real and personal estate belonging to or connected with the penitentiary. Id. § 31.]

SEC. 14. [Same-Transactions-Suits.--All the transactions and dealings of the prison shall be conducted in the name of the warden, who shall be capable in law of suing and being sued in all courts and places, in all matters concerning the said prison, by his name of office, and by that name he is hereby authorized to sue for and recover all sums of money, or any property due from any person to any former warden of said prison, or to the people of this state, on account of said penitentiary. [Id. § 32.]

SEC. 15. [Convicts employed by officers.]-No officer of the penitentiary shall employ the convicts on a work in which he or any other officer has a personal interest, nor be connected, nor have any interest in the business or shops belonging to the penitentiary. [Id. § 38.]

SEC. 16. [Warden-Accounts of moneys.]-The warden shall keep a regular and correct account of all moneys received by him from every source by virtue of his office, including all moneys taken from convicts, or received from proceeds of property taken from them, and of all moneys paid by him, and the person to whom, and the purpose for which the same were paid; and shall make out and deliver to the inspectors quarterly, a statement duly verified, of all moneys received and paid by him on account of the penitentiary, specifying from whom and to whom made, and on what account, and the balance remaining in his hands at the time of rendering of said account. [Id. § 39.]

SEC. 17. [Same.]-The warden shall annually, on the last day of November of each year, close his accounts, and on or before the fifth day of December next thereafter render to the auditor of state a full and true account of all moneys received by him, and of all moneys expended by him on account of the penitentiary, with sufficient vouchers therefor, which account shall be duly verified by the warden. [Id. § 40.]

SEC. 18. [Report of transactions.]-He shall annually, on or before the the third day of December in each year, make and deliver to the inspectors of the penitentiary a report exhibiting a complete and detailed statement of the transactions of the penitentiary during the year preceding, stating the number of convicts confined therein, and all other matters relating to the same, and the management thereof. [Id. § 41.]

SEC. 19. [Report of convicts pardoned.]—He shall report to the secre

tary of state on the first Monday of December in each year, the names of all the the convicts pardoned the preceding year, the county in which they were tried, and the term for which they were sentenced. [Id. § 42.]

SEC. 20. [Discipline.]—When any convict offers violence to any officer or guard of the penitentiary, or to any other person or convict, or attempts to do any injury to the buildings or any workshop, or to any appurtenances thereof, or disobeys and resists any reasonable command of any officer or guard, such officers and guards shall use all reasonable means to defend themselves, and to enforce the observance of discipline. [Id. § 43.]

SEC. 21. [Same-Resisting authority.]-If any convict resists the authority of any officer, keeper, or guard of the penitentiary, or refuses to obey any lawful command, such officer, keeper, or guard shall immediately enforce obedience, by the use of such weapons or other aid as may be necessary for the purpose, and if in so doing any convict thus resisting shall be necessarily wounded or killed by such officer or his assistants, such officers or assistants are justified and shall be held guiltless. (Id. § 44.]

SEC. 22. [Sickness-Removal of convicts.]-In case any pestilence or contagious disease breaks out among the convicts in the penitentiary, the inspectors and warden may cause such convicts to be removed to some secure and suitable place where such sick shall receive all necessary care and medical attendance. [Id. § 45.]

SEC. 23. [United States prisoners.]—The warden shall receive, safely keep and subject to the discipline of the penitentiary any criminal convicted of any crime against the United States, and sentenced to confinement therein by any court of the United States sitting within this state, until such sentence is executed, or until such convict is discharged by due course of law, the United States supporting such convict and paying the expenses of executing such sentence. [Id. § 46.]

SEC. 24. [Property of convicts-Sale.]-He shall take charge of any property that convicts may have at the time of entering the penitentiary, and if the same is of the value of five dollars or more, may sell the same with the consent of the convict, and place the proceeds at interest for the benefit of such convict or his representatives when he may leave the penitentiary, keeping a correct account of such property and the proceeds thereof. [Id. § 47.]

SEC. 25. [Discharged convicts Clothing, etc.-When any convict is discharged from prison, the warden shall furnish such convict with a decent suit of clothes (if he is not already provided for), at the expense of the state, and shall pay such convict from any funds belonging to the penitentiary, a sum not exceeding ten dollars; and shall deliver to said convict, any property received from him which has not been disposed of according to law. The warden shall furnish, at the expense of the state, a bible to each convict who can read. [Id. § 42.] SEC. 26. [Separate cells.-When there are cells sufficient, each prisoner shall be confined in a separate cell. Id. § 49.]

SEC. 27. [Clothing-Food.]-The clothing and bedding for the convicts. shall be of coarse material, and they shall be supplied with a sufficient quantity of substantial and wholesome food. [Id. § 50.]

SEC. 28. [Information to or from convicts.]-No person shall, without the consent of the warden, bring into or carry out any writing, or any information, to or from any convict. Id. § 51.]

SEC. 29. [Visitors.-The following persons shall be allowed to visit the penitentiary at pleasure: The governor, members of the legislature, all state officers, and regularly authorized ministers of the gospel, but no other person shall go within the walls of the penitentiary, 'without the special permission of the warden. [Id. $ 52.1

SEC. 30. [Copy of convict's sentence.]-When any convict is delivered to the warden, the officer having such prisoner in charge, shall deliver to the warden a certified copy of the sentence received by such officer from the clerk of

the court where such convict was tried, and shall take from the warden a certificate of the delivery of such convict, and such certified copy of the sentence shall be evidence of the facts therein contained. [Id. § 53.]

SEC. 31. [Escapes-Reward.]-When any convict escapes from the penitentiary, the warden shall use all proper means for the apprehension of such convict, and for this purpose he shall offer a reward not to exceed one hundred dollars, and not less than twenty-five dollars; Provided, That if such escape was by reason of the negligence of the warden, or any officer under him, the reward shall be paid by the warden. [Id. § 54.]

SEC. 32. [Same-Payment.-All suitable rewards and other sums of money paid for advertising any convict, shall be approved by the board of inspectors, and paid out of the state treasury. [Id. § 55.]

SEC. 33. [Conveying prisoners-Fees.]-The expenses and legal fees of sheriffs and other officers, incurred in conveying convicts to the penitentiary, shall be approved by the auditor of state, and paid out of the state treasury; said auditor may allow for said expenses and fees, the following rates: for sheriff, three dollars per day; for each assistant or guard absolutely necessary, two dollars per day, and ten cents per mile for traveling expenses in going and coming. [Id. § 56.] SEC. 34. [Liquors.]-No spirituous or fermented liquors shall be, under any pretense whatever, brought into or upon the premises of the prison, except by the direction of the prison physician. [Îd. § 57.]

SEC. 35. [Expenses, how paid.]-The auditor of state is authorized and required to draw his warrant on the state treasury for such sums as the inspectors may from time to time direct, for defraying the proper and necessary expenses of the prison. [Id. § 58.]

SEC. 36. [Visitors-Rules.]-It shall be lawful for the inspectors to establish uniform rules and fees for the admission of visitors within the prison. [Id. § 59.]

SEC. 37. [Officers exempt as military and jurors.]-The warden, deputy warden, inspectors, physician, assistant keepers, and guards shall be exempt from military and jury duties while actually employed by the state as such officers. [Id. § 60.]

SEC. 38. Absence of warden.]-Whenever there is a vacancy in the office of warden, or the warden is temporarily absent, all the duties of warden shall devolve upon and be performed by the deputy warden until the vacancy is filled or the warden returns. [Id. § 62.]

SEC. 39. [Physician-Duties.]-The physician shall keep a register of all convicts placed under his care; the disease with which they are afflicted; also, of the death of any convicts, stating their names, age, time and cause thereof. [Id. § 63.]

SEC. 40. [Records are public property--Copies.]-All books, accounts, documents, registers, and reports shall be deemed public property, of which the warden shall preserve at least one copy of each. [Id. § 64.]

SEC. 41. [Warden-Record of discipline.]-The warden shall cause to be kept a record of each and all infractions of the rules and discipline by convicts, with the name of the convict offending, and the date and character of each offense, which record shall be placed before the inspectors at each regular meeting of the board. [Id. § 65.]

SEC. 42. [Warden's quarters.]-The warden is entitled to the use of the house built for him, and the necessary fuel and light for the same, to be supplied from the common stock of the prison, free of charge. [Id. § 66.]

SEC. 43. [Lease-Prisoners constantly employed.] - Every lease made of any or all the prison shops and fixtures shall contain a provision for the constant employment of all convicts in the penitentiary during the continuance of such lease. [Id. § 67.]

SEC. 44. [Official vacancies-Appointment.]-In all cases of vacancy in any office of the penitentiary, the governor shall fill the vacancy by appointment. [Id. § 69.]

SEC. 45. [Warden-Monthly report.]—That the warden of the peniten

tiary be, and he is hereby directed and required to make, on the first Wednesday of each month, a complete detailed report to the board of prison inspectors, which report shall show the whole number of prisoners confined in said prison on the first day of the preceding month; number received during the month; number whose term expired during the month; number pardoned during the month; number escaped and still at large; number escaped and recaptured; number died, if any, during the month; number in prison on the last day of the month; number of prisoners under contract, to whom contracted and for what price. [G. S. § 81, 1046.] SEC. 46. [Same.]-The warden shall also, at the same time, make a detailed statement of all receipts, showing the source from which the same was derived, and of all expenditures, with the proper vouchers for each item, the same to be kept on file by the inspectors and embraced in their annual report to the governor. All certificates certified to by the warden on account of expenditures, for care and custody of prisoners, shall be signed and certified by at least two of the inspectors before the auditor shall issue his warrant upon the treasurer for the same. [Ià. § 82.] SEC. 47. [Foreign convicts.]-That the lessee of the penitentiary and convict labor of this state be, and is hereby authorized to receive into the penitentiary and grounds, and to retain in custody under the discipline and government of the officers of said penitentiary, persons convicted of crimes and sentenced to confinement by the courts of the United States, and of any of the territories of the United States; Provided, That the reception and custody of such convicts shall not interfere in any manner with the comfort or safe keeping of any person sentenced to confinement in said penitentiary by the courts of this state; Provided further, That no such prisoner shall be received or retained in said penitentiary after Jannary 1st, 1884, nor shall the state of Nebraska be liable in any manner on account of the receiving or retaining of any such prisoners. [1879 § 1, 169.]

SEC. 48. [Lease extended-Conditions.]-That the contract leasing to W. H. B. Stout, the penitentiary, penitentiary grounds, and convict labor, executed the 22d day of September, 1877, be and the same is hereby extended for the period of six years from the first day of October, 1883; Provided, The said Stout shall build and erect in a good and substantial manner, at his own expense, for the use of the state, and turn the same over to the state, free of charge, October 1, 1886, two hundred and forty stone cells, eighty of which cells shall be completed within nine months from the time this act shall take effect, and the remainder of said two hundred and forty cells shall be completed by the first day of October, 1883; all of said cells to be built of good natural stone, and similar to and equal in quality to those now in use in said penitentiary; And, provided, The said Stout shall only receive forty-five cents in cash, or its equivalent, per day, for each convict for the first three years, of said extended lease, viz: from the first day of October, 1883, to the first day of October, 1886, and forty cents per day for each convict, in cash or its equivalent, for the second three years of said extended lease, viz: from October 1st, 1886, to October 1st, 1889; And, provided, That after the first day of January, 1880, there shall be provided for each and every Nebraska prisoner one cell; And, provided further, That after January 1st, 1884, there shall only be kept at said penitentiary Nebraska prisoners. [1879 § 1, 166.]

CHAPTER 87.-STATE UNIVERSITY.*

SECTION 1. [Name-Establishment.]-That there shall be established in this state an institution under the name and style of "The University of Nebraska." [1869 § 1, 172. G. S. 1049.]

SECS. 45-6. "An act to require the warden of the penitentiary to make a detailed monthly report to the inspectors." G. S. 1046. Took effect April 1, 1873. SEC. 47. "An act to authorize the lessee of the state penitentiary and grounds to receive and retain the custody of prisoners sentenced to confinement by the courts of the United States, and of the territories of the United States." Laws 1879, 169. Took effect June 1, 1879.

SEC. 48. "An act extending the contract for the leasing of the penitentiary, penitentiary grounds, and convict labor to W. H. B. Stout, upon certain conditions." Laws 1879, 166. Took effect June 1, 1879.

*NOTE. "An act to establish the university of Nebraska." Laws 1869, 172. Chap. 78, G. S. 1049. Took effect Feb. 15 1869. Secs. 5 and 9 of original act were repealed 1877, 59, and are omitted.