entry of such classification shall be made in the minutes of said board, and a duplicate thereof shall be filed in the office of the secretary of state. Women may be appointed members of said board, or hold any position in the appointment of said board. No person shall be appointed a member, or continue to act as such, while he is a trustee, manager, director, or other administrative officer of an institution subject to the terms of this act. Appointments to fill vacancies before the expiration of such terms, shall be made for the residue of terms in the same manner as original appointments. The governor shall be ex officio a member of said board. [Stats. 1903, p. 482.] Expenses-Secretary; salary; bond; oath-Office-Meetings Rules. SEC. 2. The members shall act without compensation, but shall be allowed their actual necessary expenses. The said board may appoint a secretary, who shall receive such salary as may be determined by said board, not to exceed twenty-four hundred ($2400) dollars per annum. All the expenses of said board, including the salary of the secretary, shall not exceed the sum of six thousand ($6000) dollars in any one fiscal year, and said sum of six thousand ($6000) dollars is hereby appropriated annually therefor out of any moneys in the treasury not otherwise appropriated. The secretary of said board shall execute a bond in the sum of five thousand ($5000) dollars, and take the oath of office prescribed by the Political Code for the executive officers of this state. The board shall provide itself with an office in the city and county of San Francisco. Meetings of the board may be held at such times and in such places in the State of California as said board may deem fit. It may make such rules and orders for the regulation of its own proceedings as it may deem necessary and may fix the number of members necessary to constitute a quorum. The failure of a member to attend three consecutive meetings of said board during any calendar year, unless excused by formal vote of the board, may be construed by the governor as a resignation of said non-attending member. [Stats. 1903, p. 482.] Powers and duties of board-Public institutions to furnish information. SEC. 3. The board is hereby empowered and authorized, and it shall be its duty as a whole, or by committee, or by its secretary, to investigate, examine, and make reports upon the charitable, correctional, and penal institutions of the state, including the state hospitals for the insane, of the counties, cities and counties, cities and towns of the state, and such public officers as are in any way responsible for the administration of public funds used for the relief or maintenance of the poor in public institutions or of any of the inmates of said institutions. All the persons or officers in charge of or connected with such public institutions or with the administration of said funds are hereby required to furnish to the board or its committee or secretary such information and statistics as they may request or require, and allow said board, committee or secretary free access to all departments of such institutions and to all of their records. In order to secure accuracy, uniformity and completeness in such statistics and information, the board may prescribe such forms of report and records by the state commission in lunacy regarding the state hospitals for the insane and by such other officers, boards or institutions as it may deem necessary and also such forms of registration at all public institutions referred to in this section as it may require. The state commission in lunacy on behalf of the institutions under its charge and the officers of all other institutions, and all officers, in any way responsible for public funds used for the relief of the poor or the maintenance of any inmates of said public institutions, are hereby required to follow such forms, records and registration so prescribed; provided, that the intent of this law is that so far as possible, the board shall make use of the forms of report, record and registration now obtaining in the state commission of lunacy and other state boards and institutions. All plans of new buildings, or parts of buildings for any of the public institutions coming under the provisions of this act, or any additions or alterations in such buildings, shall, before their adoption by the proper officials, be submitted to the board for suggestions and criticism. [Stats. 1903, p. 482.] Witnesses, compel attendance of-Penalty for disobedience of subpoena. SEC. 4. The board shall have power to issue compulsory process to compel the attendance of any witness before said board or any member thereof, and to require the production of such books or papers relating to any public institution mentioned in section three of this act as they may deem necessary; provided, that no witness shall be required to attend before said PRISON LAWS OF CALIFORNIA. 57 rd out of the county in which he resides. Any member of 1 board shall have power, and he is hereby authorized to inister an oath to any and all witnesses coming before said rd, or any member thereof, for examination, and to examine witness or witnesses in reference to any matter relating to lic institutions mentioned in section three of this act appering to the inquiry before the board, or said member. Dislience of a subpoena issued by said board, or refusal to be n, or to answer, shall subject such person disobeying or reng to a forfeiture of one hundred dollars, to be recovered in vil action brought in a court of competent jurisdiction by board in its name as plaintiff, the money recovered to be apriated to the use of said board. [Stats. 1903, p. 482.] rnor's powers of investigation not restricted. c. 5. No provision in this act contained shall in any way onstrued as preventing the governor of this state from ng a plenary investigation in reference to the conduct of public institutions under the terms of any act of the legise of this state. Furthermore, the governor may at any order an investigation by the board, or by a committee of embers, of the management of the above-named institutions, y thereof. [Stats. 1903, p. 482.] ial report; contents. C. 6. Three months prior to each regular session of the ature, the board shall make a full and complete report to overnor of all its transactions during the preceding two showing fully and in detail all expenses incurred and ys paid out by it, and giving a list of all officers and agents yed, and the actual condition of all institutions under its vision, with such suggestions as it may deem necessary and ent, and with recommendations for legislative and execu ction. [Stats. 1903, p. 482.] utions excepted. C.-7. The provisions of this act shall not apply to the ans' Home of California, located at Yountville, Napa 7, nor to the Woman's Relief Corps Home at Evergreen, Clara county. . 8. All acts and parts of acts in conflict with the pros of this act are hereby repealed. . 9. This act shall be in force and take effect from and its passage. [Stats. 1903, p. 482.] Fees of office of secretary of state. SEC. 416. The secretary of state, for services performed i his office, must charge and collect the following fees: * * 21. For each commission, passport, or other document signed by the governor and attested by the secretary of state (par dons, military commissions, and extradition papers excepted) five dollars. * * * No member of the legislature or state officer shall be charged for any search relative to matters appertaining to the duties of their office; nor shall they be charged any fee for a certified copy of any law or resolution passed by the legislature relative to their official duties. ** * [Pol. Code.] Duties of the controller. * * * * SEC. 433. It is the duty of the controller: 10. To audit all claims against the state in cases where there are sufficient provisions of law for the payment thereof. 11. To examine and settle the accounts of all persons indebted to the state, and to certify the amount to the treasurer, and upon presentation and filing of the treasurer's receipt therefor to give such person a discharge and charge the treasurer therewith. * ** * 13. To require all persons who have received any moneys belonging to the state and have not accounted therefor to settle their accounts. 14. In his discretion to inspect the books of any person charged with the receipt, safe-keeping, or disbursement of public moneys. 15. In his discretion, to require all persons who have received moneys or securities, or have had the disposition or management of any property of the state of which an account is kept in his office, to render statements thereof to him, and all such persons must render such statement at such times and in such form as he may require. 16. To direct and superintend the collection of all moneys due the state and institute suits in its name for all official delinquencies in relation to the assessment, collection, and payment of the revenue, and against persons who by any means have become possessed of public money or property and fail to PRISON LAWS OF CALIFORNIA. 59 over or deliver the same, and against all debtors of the e; of which suits the courts of Sacramento county have sdiction, without regard to the residence of the defendants. 7. To draw warrants on the treasurer for the payment of eys directed by law to be paid out of the treasury; but no ant must be drawn unless authorized by law, and upon an hausted specific appropriation provided by law to meet the Every warrant must be drawn upon the fund out of h it is payable, and specify the service for which it is n, when the liability accrued, and the specific appropriaapplicable to the payment thereof. [Pol. Code.] es of the attorney general. c. 470. It is the duty of the attorney general: To * * * prosecute or defend all causes to which the or any officer thereof, in his official capacity, is a * * * To give his opinion in writing, without fees, to the legisè or either house thereof, and to the governor, the secreof state, controller, treasurer, surveyor general, the superlent of public instruction, the trustees or commissioners of institutions, and any district attorney, when required, any question of law relating to their respective offices. * [Pol. Code.] ey general to have charge of all legal matters-Special sel forbidden; exceptions. 472. * * ** The attorney general shall have charge, orney, of all legal matters in which the state is in anyiterested, except such boards or officers as are * * ** y law authorized to employ attorneys * * and rd, officer or officers, or employee of the state STANFORD LIBRARIES |