r

nance, define the duties of said trustees, and all officers, nurses, and attendants of said hospital, fix the salaries of such officers, nurses, and attendants, fill vacancies in the board of trustees, and provide for the removal of officers, nurses, and attendants, for malfeasance or neglect in office, and fill vacancies in the same.

§ 3. The general council shall have power, by ordinance, to make rules and regulations for the government and management of said hospital, and to make provision for supplying all necessary articles for carrying out the purposes of said hospital.

§ 4. The general council shall have power, by ordinance, to grant, either for a compensation in money, to be appropriated to the use of said hospital, or in return for medical and surgical attendance in said hospital, the privileges of using said hospital, or any building attached thereto, for the purposes of clinical instruction, to any one or more schools or colleges for medical teaching, chartered by this commonwealth; or the said council may provide, by ordinance, for the appointment of suitable persons to deliver clinical lectures in a building adjoining said hospital, upon such terms as may be set forth in said ordinance, and providing that any surplus of fees received for attendance upon such lectures, after defraying the expenses thereof, shall be paid into the city treasury for the use of said hospital: But it is provided, that the said council shall not have the power to allow any patient in the public wards of said hospital to be made the subject of clinical instruction, as herein provided, without the consent of the patient.

at.

May elect phy. tend pest house.

5. The general council shall confer the medical care of the pest house, poor or alms house, and the work house cians to upon the elected physicians for the eastern and western districts; and they shall have power to provide and dispense medicines to the poor in each district, and medical treatment to the indigent residents of the city, through the said physicians, free of charge; and the general council may furnish to each of said physicians a supply of vaccine matter, and require them to vaccinate all residents of Louisville who may desire it, free of charge; and the said council may pass all ordinances necessary for carrying out the provisions of this section.

May establish

§ 6. The general council shall have power to establish a board of health, either as a permanent institution, the board of health. members to be elected annually by said council, or to be discontinued and re-established, as the said council may determine. The mayor, physicians of the eastern and western districts, and the street inspectors of said districts are hereby constituted health officers of the city, and, at the discretion of the council, may compose the whole or part of the board of health. And the general council

1851.

cemeteries.

may, by ordinance, prescribe the duties of the board of health, and provide rules and regulations for their management, provide a place of meeting for said board, provide for the election of a clerk for the board of health, and define his duties, and fix his salary, and provide for the payment of all authorized expenses of said board. And the general council may pass ordinances for the purposes of promoting and preserving the health of the citizens, and preventing the spread of infectious or contagious diseases throughout the city, to enforce the draining and filling up of ponds, and the removal of filth or other things or substances deemed likely, by the board of health, to produce or increase disease within the city; and, in such ordinances, may prescribe adequate fines and penalties for any violation thereof.

And

§ 7. The general council shall have power to purchase May lay out lands for, and locate cemeteries, either within the city limits or elsewhere in Jefferson county. They may change the location of cemeteries now established, but shall not violate the purposes for which they were dedicated, or cause the disinterment of the dead therein; but such change of location shall not be made until the ground therefor has been designated, nor until a majority of the qualified voters of the city shall approve the same. all cemeteries either within the city limits or within three miles of the same, being public property, shall be under the jurisdiction of the city, and subject to the visitation and inspection of the board of health; and the general council shall have the power to require weekly reports of all interments in each of such cemeteries, in such form as they may prescribe; and the said council may enforce the proper regulation and management of such cemeteries, by adequate fines and penalties.

control

house.

work

§ 8. The general council shall have power, upon lands May erect and now provided, or upon lands hereafter provided, within or without the city limits, to erect a suitable building or buildings for a city work house; or the said council may maintain the present city work house. And in the city work house shall be confined all persons committed on final process of the city court of Louisville, all beggars, vagrants, bawds, and bawdy house keepers, all persons committed in default of bail upon orders of said city court, or of any magistrate therein, requiring surety for the peace or for good behaviour, or as suspected felons, or for other causes; and those put therein for short terms of imprisonment, for offenses committed in said city, by said court, or on capias profine, shall have liberty to elect to work out the sum they are charged to pay, at seventy-five cents per day, at such Jabor therein as they may be directed to do; but all able bodied persons put into said work house, for any of the causes aforesaid, by said court, shall be compelled to labor

at such labor as may be prescribed by ordinance of the general council, until discharged, unless he or she shall pay into the hands of such officer as shall be provided the sum of twenty cents per day for each day he shall stay therein, to re-imburse the expense of keeping and feeding him or her; and the general council shall make all needful ordinances for the police, and government and management of such work house.

ARTICLE NINTH.

1851.

Council shall provide for a fire

§1. The general council shall have power to provide, by ordinance, for the establishment and organization of a fire department. department, and fire companies, and for procuring suitable buildings, engines, and other apparatus necessary for the purpose of extinguishing fires, and protecting the property of citizens of Louisville from conflagration; and they may pass ordinances for the government of such department and companies, and for the management and protection of the buildings, engines, and other property of the said department and companies.

May appropri· ate money for

§ 2. The said council may appropriate, for the support of said department or companies, any sum they may deem its support. necessary, which amount shall be stated in the annual ordinance fixing and directing the per centum to be collected for other city purposes; and the amount, thus specified, shall not be exceeded by appropriations for that purpose during the year, nor until the succeeding annual appropriation be made in like manner. The said council may establish a permanent fund, not exceeding the sum of ten thousand dollars, for the relief of persons disabled whilst performing their duty as firemen, and for the benefit of their widows and orphans.

Each company

§ 3. Each fire company belonging to the fire department shall employ one competent and trusty person, who shall employ a be warden, who shall be constantly present at the engine house of said company, and who shall prevent intrusion into said house, keep it and the engine and apparatus, and the property of the company therein, safe and in good order, and prevent any person from injuring the same in any way; and said warden shall perform such other duties as may be prescribed by ordinance, and shall receive such compensation as the said council may deem reasonable.

§ 4. No person shall be eligible as a member of any fire company, who shall not have attained the age of eighteen years; and no person between the ages of eighteen and twenty-one years shall be eligible, without the written consent of his parent, or guardian, or employer.

ARTICLE TENTH.

§ 1. At the first election for city officers, under this charter, there shall be elected, by the qualified voters in each ward of said city, two persons, qualified as hereinbefore

Persons under 18 years of age

not to be members of any fire

company.

of university & public schools each ward.

Two trustees

to be elected in

provided, as trustees of the university and public schools of Louisville, and the persons so elected shall constitute and be styled the "board of trustees of the university and public schools of Louisville;" and the board of trustees first elected shall, within three months after their election, cause the trustees from each ward to be divided, by lot, into two classes; and the members of the first classes shall vacate their offices at the end of one year from the day of their general election, and those of the second classes at the end of two years from the day of their general election; and annually, thereafter, there shall be elected, by the qualified voters in each ward, one qualified person as trustee of the university and public schools of Louisville, who shall hold office for two years, and no longer.

§ 2. The control and management of the university of Louisville, and of the high school for females, and of the public schools of Louisville, and of the property and funds. belonging thereto, and which may accrue in any way to them, and for their establishment, management and maintenance, under the provisions of this charter, or otherwise, shall be vested in the said board of trustees, subject to the provisions of this charter, and the ordinances passed by the general council in relation thereto.

§ 3. The said board of trustees shall, before entering upon the duties of their offices, make oath or affirmation before some judicial officer of this commonwealth, faithfully to discharge the duties enjoined upon them by this charter and the ordinances of the general council of said city.

§ 4. The said board of trustees shall have power to make by-laws, not in conflict with this charter or the city ordinances, for carrying out the duties of their office, and to determine their own rules of proceeding; but a majority of the whole board shall be necessary to form a quorum for the transaction of business; and they shall meet at least once a month, and oftener if necessary, for the transaction of business; and no appropriation of money shall be made by said board without the concurrence of a majority of the members elect in office. And said board shall keep a correct record of all their proceedings, in a book provided for the purpose, which shall be at all times open to the inspection of citizens, of the mayor, and of any member of the general council.

§ 5. The said board of trustees shall elect a president and the professors of the university of Louisville, the teachers of the high school for females, and of the public schools of Louisville; regulate and fix the salaries of such president, professors, and teachers, and dismiss or suspend any teacher for misconduct or neglect of duty; prescribe the branches of education to be taught in the academical department of said university, in the high school for females, and in the public schools of Louisville; prescribe

the necessary qualifications for, and the mode of examination of pupils applying for admission to the said academical department and high school for females, and the number of pupils annually to be admitted to each; and they shall also fix the bounds of districts for each public school within which the children shall be entitled to admission to I said school; and shall provide class books for children attending the public schools, whose parents are unable to purchase them: It is provided, however, that all free white children over six years of age, within each district, shall have equal rights of admission to the schools of that district, and that no catechism or other form of religious belief shall be taught or inculcated in, nor shall any class book be used or adopted for said schools, which reflects upon any religious denomination, nor shall any of said schools be so conducted as to interfere with the religious belief of parents of pupils: And, it is also provided, that for the first two years after the opening, for the reception of pupils, of said academical department of said university, and of said high school for females, all children of prescribed age and qualification shall have equal rights of admission to, and the enjoyment of such education as said academical department or said high school can confer; but after said two years, no pupil shall be admitted to said academical department, or said high school, who has not attended at least one scholastic year in one or more of the public schools of Louisville, except that all orphan children, raised and educated at either of the orphan asylums in said city, or in any other charitable institution now or hereafter established in said city, of the prescribed age and proficiency in learning, shall be entitled to the rights of admission to said academical department, or said high school, and to the benefits of such education as may be conferred there: And, it is further provided, that no fees for tuition shall ever be charged in said academical department of said university, in said high school for females, or in said public schools of Louisville.

1851.

Shall elect a secretary-his

§ 6. The said board of trustees shall elect a principal secretary, who shall be school agent, and attend all meetings of said board of trustees, keep their records, and per- powers & duties form such other duties as may be required of him by said board of trustees, or prescribed by ordinance, and who shall receive for his services an annual salary of not less than five hundred dollars, to be fixed by ordinance, payable quarterly.

§ 7. The said board of trustees shall, at the end of each scholastic year, and at other times, if required by the general council, make out and report to said council a written or printed statement, in such form as may be prescribed by the said council, showing the number of students in each de

To make annual report of

the situation of sald institution.