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CHAPTER 43.-PUBLIC INSTITUTIONS.

CHARITABLE-PENAL-REFORMATORY.

NOTE. In this chapter, all provisions of temporary application, such as those for the erection of buildings, etc., are omitted.

Secs. 3334 to 3338. "An act to regulate the purchase of supplies for the public institutions and the executive departments of the state." 1877, p. 199. In force June 1.

3334. That all purchases and contracts for supplies for any of the departments and public institutions of the state, where the public exigencies do not require the immediate delivery of the articles, shall be by advertising a sufficient time previously for proposals for supplying the same.

3335. At least one month previous to the first day of January, April, July, and October respectively in each year, a board, consisting of the governor, commissioner of public lands and buildings, secretary of state, treasurer, and attorney general, shall meet with the warden of the state prison, and the superintendent of each of the asylums or other institutions furnished by the state, and determine the supplies that may be necessary for three months, except articles as may be perishable and cannot be kept. Said board shall designate clearly the quantity and quality of the articles, and shall then advertise for ten days in some newspaper published at the capital, having general circulation in the state, before the first day of January, April, July, and October respectively, for proposals for furnishing said articles and for each institution separately, to be delivered at the institution within ten days after the first day of the month aforesaid; Provided, That the board may permit the delivery of the goods monthly, if in their judgment it be deemed best. And the bids which propose to furnish the supplies for either institution at the lowest rate, shall be received for such institution; Provided, further, That no proposal shall be considered by said board unless the same is accompanied by a bond, with such security as the board may determine, with condition to furnish said articles as proposed in said bid.

3336. [Other supplies.]-All supplies for such institutions not purchased as provided in this act, shall be purchased in such manner as shall be directed by said board by written instruction.

3337. The head of each of the executive departments respectively shall advertise for proposals for supplying the departments in accordance with the provisions of this act.

3338. All vouchers for supplies, having been examined and approved by said board or the head of the department, as the case may be, shall be approved by the secretary of state, and thereupon the auditor of state shall draw his warrant upon the treasurer for the amount.

I. CHARITABLE INSTITUTIONS.

Sec. 3339. "An act providing for furnishing clothing to certain inmates of public charitable institutions." 1875, p. 177. In force February 24.

3339. That whenever any person who may be an inmate of the Nebraska state institute for the deaf and dumb, or any other public charitable institution shall be unable to provide suitable clothing for himself or herself, and shall have no parent or legal guardian able and legally bound so to do, it shall be the duty of the county commissioners of the county where such person last resided, before en

tering or applying for admission into such institution, to adjudge and declare such person a pauper, and thereupon the proper officers of such institution shall provide suitable clothing for such person, and send the bill thereof to the aforesaid county commissioners, who shall forthwith audit and allow the same and cause a warrrant therefor to be drawn upon the general fund of such county in favor of said officers of such institution.

Secs. 3340 to 3350. "An act to erect and maintain an institution for the blind." 1875, p. 149. In force February 19.

3340. The trustees shall have the general supervision of the institution, adopt rules for the government thereof, provide teachers, servants, and necessaries for the institution, and perform all other acts necessary to render the institution efficient, and to carry out the purposes of the establishment.

3341. The board of trustees shall fix the compensation of all the officers and employees of said institution at such a rate as shall by them be deemed just and equitable; Provided, That in no event shall the total amount of expenses of the institution exceed the total amount of the appropriation for the same.

3342. The assistant officers shall receive their appointment from the board, upon the nomination of the principal, for the faithful performance of their duties, and the principal shall be held responsible to the board for the performance of his duties.

3343. Persons not residents of the state shall be entitled to the benefits of this institution on paying to the treasurer thereof the sum of fifty dollars quarterly in advance; Provided, That no such person shall be so received to the exclusion of any resident of this state.

3344. The board of trustees shall not create any indebtedness against the institution exceeding the amount appropriated by the legislature for the support thereof.

3345. To meet the ordinary expenses of the institution, including furniture, books, and maps, the compensation of principal, matrons, teachers, and employees, and to provide for contingencies, there is hereby appropriated the sum of two thousand dollars annually, or so much thereof as may be necessary, to be drawn quarterly, and then only as necessary to meet the wants of the institution.

3446. For the purpose of meeting current expenses, there is appropriated out of the state treasury, or so much as necessary, not to exceed forty dollars per quarter to each pupil in said institution; Provided, That such amounts shall be drawn by warrants upon the temporary school fund of the state.

3347. The principal of said institution shall report to the governor, on or before the fifteenth day of December preceding each regular session of the legislature, the number of pupils in attendance, with the name, age, sex, residence, place of nativity, and also the cause of blindness of each pupil. He shall also make a report of the studies pursued and trades taught in said institution, together with a complete statement of the expenditure, and also the number, kind, and value of articles manufactured and sold.

3348. When the pupils of such institution are not otherwise supplied with clothing, they shall be furnished by the principal, who shall make out an account of the cost thereof in each case against the parent or guardian, if the pupil be a minor, and against the pupil, if he or she have no parent or guardian, or have attained the age of majority, which account shall be certified to be correct by said principal, and when so certified, such an account shall be presumed correct in all courts. The principal shall thereupon remit said accounts by mail to the treasurer of the county from which the pupil so supplied shall have come to said institution. Such treasurer

shall proceed at once to collect the same by suit, in the name of his county, if necessary, and pay the same into the state treasury. The principal shall at the same time remit a duplicate of such account to the auditor of state, who shall credit the same to the account of the institution, and charge it to the proper county; Provided, If it shall appear by the affidavit of three disinterested citizens of the county, not of kin to the pupil, that the said pupil, or his or her parents, would be unreasonably oppressed by such suit, then such treasurer shall not commence said suit, but shall credit the same to the state on his books and report the amount of such account to the board of county commissioners of his county, and the said board shall levy sufficient tax to pay the same to the state, and to cause the same to be paid into the state treasury.

3349. The above appropriations, including account of clothing furnished pupils, shall be drawn monthly in advance, upon orders of the president and treasurer of said board of trustees, made on the auditor of the state, which said order shall recite the amount of funds then in the hands of the treasurer of said board, and the amount necessary to defray the expenses of the ensuing month, and thereupon the auditor shall draw his warrant on the state treasurer in favor of the treasurer of said board for the amount so shown to be necessary for the said monthly expenses of said institution.

3350. All blind persons resident of this state, of suitable age and capacity, shall be entitled to an education in this institution, at the expense of the state. Each county superintendent of common schools shall report to the principal of the institution for the blind, on the first day of April of each year, the name, age, residence, and post office address of every blind person, and every person blind to such an extent as to be unable to acquire an education in the common schools, and who reside in the county in which he is superintendent.

Secs. 3351 to 3359. "An act to provide for the government of the institute for the deaf and dumb and for other purposes. 175, p. 146. In force February 23. (Secs. 1, 2, 5 and 6 of this act, relating to a board of directors of the institute, appear to have been abrogated by sec. 19, art. V, constitution, and by the act of 1877, p. 188, and are omitted herefrom.

3351. No director, officer, or agent of the institute shall be interested in any contract with the corporation, nor in the changing or exchanging of commodities of any kind whatever, nor shall any director be employed in or appointed to any office or place of emolument in said institution.

3352. The said directors are vested with power to appoint or employ, and remove or discharge at pleasure, a principal, matron, teacher, and agents necessary to the successful operation of the institution, and prescribe and regulate their duties, and to fix the salaries or compensation of each.

3353. To enable the said directors to execute the provisions of this act, they are authorized to receive, have, hold, and use property of every description, as well as money from any county or corporation, or from any person desiring to aid in sustaining the institution; Provided, That whatever may be conveyed or donated, as aforesaid, shall be used as directed by the grantor, or donor, if accepted, and for no other purpose.

3354. The object of said institution shall be to promote the intellectual, physical and moral culture of the deaf and dumb, by a judicious and well adapted course of instruction, that they may be reclaimed from their lonely and cheerless condition, restored to society, and fitted for the discharge of the duties of life.

3355. All the deaf and dumb residing in Nebraska, of suitable age and capacity to receive instruction, shall be admitted into and enjoy the benefits of said institution without charge.

3356. All moneys in the hands of the treasurer of said institution shall be payable only upon order of the board.

3357. The treasurer and principal shall make annual reports to the board of directors, who shall examine the same at the first meeting held in each year, as provided for in this act.

3358. Within ten days preceding the meeting of each regular session of the legislature, the said board shall furnish to the governor a printed report of the action of the board and an estimate of the expenses of the institution in all its departments, together with a statement of the receipts and disbursement of funds; and during the first week of the session of the legislature at least ten copies of said report shall be delivered to each member thereof. The said report shall show: First-The names of the president and directors, secretary and treasurer, and of the principal and teachers employed, with the compensation allowed to each. SecondThe names, age, and residences of the pupils and the dates of their reception into the institution. Third-The names, age, and residences of deaf mutes ascertained to be in the state, which have not attended the school. Fourth-The names and residences of all other persons in the service of the institute, and their business and compensation. Fifth-The statement of the accounts of the institute, showing the amounts of money received and the dates thereof, and its disbursements.

3359. All rights inuring to, and all obligations incurred and contracts made by the corporation, incorporated under an act entitled "An act to incorporate an institute for the deaf and dumb," approved February 7, 1867, are hereby declared to be vested in and assumed by the state of Nebraska.

Secs. 3360 to 3367.

"An act to establish and endow an asylum home for feeble minded children and adults, at or near the city of Beatrice, Nebraska, and making appropriation and levy therefor." 1885, p. 255. In force March 5.

3360. That there shall be established in the state of Nebraska an institution to be known and designated as the Nebraska Institution for Feeble Minded Youth.

3361. Besides shelter and protection, the prime object of said institution shall be to provide special means of improvement for that unfortunate portion of the community who were born or by disease have become imbecile or feeble minded, and by a wise and well adapted course of instruction reclaim them from their helpiess condition, and, through the development of their intellectual faculties, fit them as far as possible for usefulness in society. To this end there shall be furnished them such agricultural and mechanical education as they may be capable of receiving.

3362. The board shall appoint a superintendent, who shall be a physician, and before entering upon the discharge of his duties shall give bond to the state of Nebraska in the sum of ten thousand dollars ($10,000), with sureties, to the satisfaction of the board, for the faithful performance of his duties. He shall have control of the institution under direction of the board, and in accordance with the rules and regulations by them established. The board shall, upon the nomination of superintendent, appoint a matron, and shall have power to remove either of them for cause. All teachers and other employees shall be appointed by the superintendent, with the advice and consent of the board, and may be discharged by him or by the board. The compensation of all officers and employees of said institution shall be fixed by the board.

3363. The superintendent shall keep a record of the name, date of admission, nativity, residence, age, and sex, the condition on admission, date of discharge, together with the result of treatment and training in each individual case during

their residence in the institution, and shall make reports to the governor as required by statute. The superintendent shall be chargeable with all property belonging to the institution, and shall keep a complete account of all the receipts and disbursements authorized by the board.

3364. All imbecile or feeble minded children and youth between the ages of five (5) and eighteen (18) years, who have been resident of the state for the six months that preceeded an application for admission, and who are incapable of receiving instruction in common schools, shall be entitled to be received into the institution, maintained and educated at the expense of the state, if in the judgment of the superintendent the applicant is a suitable person to receive its benefits. Persons of greater age, and those not residents of the state, may be admitted if the capacity of the institution will permit, but for all non-residents or those not resident for the required time a fair rate of compensation shall be paid, to be fixed by the board; no such persons, however, shall be received in the institution to the exclusion or detriment of those for whom it is especially founded.

3365. Parents, guardians, or those having legal control, sending children or wards to the institution, will be required to provide suitable clothing, and expense of transportation to and from their homes, unless financially unable to do so, in which case the parents, guardians, or next friend of such children, or any officer of the county or precinct where such children reside, may make application to the county court, and upon a decision by such court that such children are paupers, or are unable to procure suitable clothing or furnish transportation as herein provided, and that they are proper subjects for admission into the institution, an order shall be passed to that effect, and the judge of the county court of the county from which such children are sent shall certify the same to the superintendent of the institution, who shall, if the capacity of the institution will permit, provide necessary clothing and transportation, and charge the same to said county, and present the account to the state auditor, who thereupon shall draw upon the county treasurer of said county for the amount so charged to the county; and the said county shall annually assess and collect by tax the amount necessary to pay said order or orders, and if said county shall fail to do so, the district court in said county shall, on application therefor, compel the same by mandamus. The superintendent shall furnish county judges with blank applications for admission.

3366. The sum of fifty thousand dollars from the general fund of the state is hereby appropriated for the purpose of constructing and furnishing buildings for use for said institution as provided in this act.

3367. In order to create a fund for the support of said institution there is hereby authorized and shall be made an annual tax levy on the taxable property of the state, not to exceed one-eighth (4) of one mill on the dollar; said fund shall be known as "The Fund of the Institution for the Feeble Minded."

Secs. 3368 and 3369. "An act to establish a home for the friendless in the state of Nebraska and to provide for the erection and location and government of the same." 1881, p. 247. In force June 1.

3368. That a home for the friendless be established in the state of Nebraska.

3369. The government of said home shall be by and under the supervision of the society of home for the friendless; Provided, That nothing herein contained. shall be so construed as to prevent the board of public lands and buildings from establishing rules and regulations for the government of such home in any manner.

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