Commissioner not to be contractor, etc.

conditioned for the faithful performance of his duties as penitentiary commissioner; and the governor and auditor of public accounts upon discovering any default or delinquency on the part of said commissioners or either of them, or upon the application of any surety on said bond, shall have power, and it shall be their duty, at any time to require additional security or a new bond of said commissioners or either of them, and the state shall have a lien upon the real property of the principal in said original and supplementary bonds, from the time of the execution and approval of the same, which bond and oath or affirmation shall be filed in the office of the secretary of state before such commissioner shall enter upon the duties of his office.

§ 3. No person shall be appointed or elected to the office of penitentiary commissioner who is a contractor in the penitentiary, or the agent or employee of any such contractor, or who is interested, either directly or indirectly, in any kind or branch of business in said penitentiary, or who shall at the time hold any other office under the laws of this state, and no such commissioner shall hold any other office or accept any appointment under this or any law of this state during his continuance in office as such commissioner; and in case any such commissioner shall become so interested, either directly or indirectly, at any time during his term of office, or shall accept of any other office or appointment under the laws of this state, or who shall be guilty of any delinquency in the discharge of his duty, misconduct in office or any other cause which materially affects his usefulness or fidelity, it shall be cause for his removal. from said office; and upon satisfactory information given of such fact or facts the governor is hereby authorized and required to remove such commissioner-which removal and the cause thereof shall be reported by the governor to the next general assembly. And in case of such removal, or of any other vacancy in the office of penitentiary commissioner, by death, resignation, failure or refusal to act, or otherwise, such vacancy shall be filled by appointment by the governor until the next regular election of representatives in the general assembly, and the qualification of the person so elected; and at such election a commissioner shall be elected to fill such vacancy. The governor shall not remove from office any commissioner for any of the causes alleged in this section of this act, unless upon information of some credible person verified by his or her affiGovernor may davit, that some one or more of such causes exist; wheresuspend commissioners. upon the governor shall, if he deem it necessary, suspend such commissioner from the further exercise of the duties of his office, until after the examination hereinafter provided for. Upon such suspension by the governor he shall immediately notify the commissioner complained of, of the making of such complaint, and appointing a time and place

not less than thirty nor more than sixty days from the date. thereof: Provided, that service of such notice shall be at least ten days prior to the examination, when and where the governor of the state will hear testimony for and against. the commissioner complained of. Such notice shall be served as ordinary summons is, except that in case such commissioner shall have fled from the state, the notice may be left at the last residence, within this state, of such commissioner. At such time and place the commissioner complained of may be represented by counsel, and may introduce testimony in his behalf. Such examination shall be public and shall be confined to the causes alleged in such information and notice. Upon the close of such examination the governor shall restore to office or permanently remove therefrom such commissioner.

tentiary.

§ 4. It shall be the duty of the penitentiary commis- To take possessioners, appointed under the provisions of this act, on the son of penithirtieth day of June, A. D. 1867, or as soon after their appointment as practicable, to proceed to the Illinois state penitentiary, located at Joliet, in the county of Will, and for and on behalf of the state of Illinois, to take immediate and full possession of said penitentiary and the convicts therein, and all the machinery, fixtures, goods, chattels and property in and about said penitentiary, belonging to the state of Illinois, or in which said state is in any way or manner interested, and keep and hold the same for and on behalf of said state, and to make all necessary provisions for the feeding, clothing, guarding and safe keeping of said convicts; and said commissioners shall thereafter have the general charge, superintendence, management and control of said penitentiary and of the convicts therein.

appointed to

give bond.

85. The said penitentiary commissioners, or a majority Warden to be of them, shall appoint a warden of said penitentiary, who take oath and shall hold his office for the term of six unless sooner years, removed by said commissioners; but in case of such removal the reasons therefor shall be entered upon the journal of said penitentiary. The warden, before entering upon the duties of his office, shall take and subscribe an oath or affirmation to support the constitution of the United States and of this state, and to diligently and faithfully discharge the duties of his office; and also the oath or affirmation prescribed by section twenty-six, article thirteen of the constitution of this state. And he shall also enter into a bond to the people of the state of Illinois, in the penal sum of twenty-five thousand dollars, with good and sufficient sureties, to be approved by the governor and by the said commissioners, or a majority of them, conditioned for the faithful performance of the several duties which are hereby or which may from time to time be required of him by law; which said bond, and oath or affirmation, shall be deposited in the office of the secretary of state.

clerk

appointed.

Matron, etc.

and

Deputy warden, $ 6. The warden shall have power, by and with the steward to be advice and consent of the commissioners, or a majority of them, to appoint a deputy warden, clerk and steward, who shall each be required to take and subscribe the usual oath of office, and give bond to the people of the state of Illinois in the penal sum of three thousand dollars, with good and sufficient sureties, to be approved by said commissioners, or a majority of them, conditioned for the faithful discharge of the duties of their respective offices. Said deputy warden, clerk and steward shall be subject to removal by said warden, and they shall perform such duties as shall be required of them by said warden, or which may be required of them by the rules, orders and regulations of said commissioners. Said warden shall also employ such number of assistant keepers and guards as shall be necessary, who shall at all times be subject to his orders, and perform such duties as he shall require of them. Said warden shall also appoint a matron, and such assistant matrons as may be necessary, not exceeding one for each twenty-five female convicts in said penitentiary, who shall perform such duties in respect to said female convicts as said warden may reContractor or quire of them. No person shall be appointed warden or contractor not deputy warden, clerk or steward, or to any other employto be clerk, etc ment in the penitentiary, under this act, who is a contractor in the penitentiary or the agent or employee of any such contractor, or who is interested either directly or indirectly in any kind or branch of business carried on in such penitentiary, or who shall at the time hold any other office under the laws of this state. And no such warden, deputy warden, clerk or steward, or other employee, shall hold any other office or accept any other appointment under this or any other law of this state during his continuance in such employment. And in case any such warden, deputy warden, clerk, steward or other employee, shall become so interested either directly or indirectly at any time during the term of his employment, or shall accept any other office or appointment under the laws of this state he shall be removed by the said commissioners.

employee of

Commissioners to meet month

§ 7. It shall be the duty of said commissioners to meet ly, make ex- at said penitentiary at least as often as once in each month, aminations, etc and as much oftener as the proper control and superintend

ence of said penitentiary shall require. They shall examine and inquire into all matters connected with the govern ment, discipline and police of said penitentiary, the punishment and employment of the convicts therein confined, the money concerns and contracts for work, and the purchase and sales of the articles provided for said penitentiary or sold on account thereof. They shall make and put in force all such general rules, regulations and orders, for the gov ernment and discipline of said penitentiary, as they may deem expedient, and may, from time to time, alter and

amend the same; and in making such rules and regulations it shall be their duty to adopt such as in their judgment, while consistent with the discipline of the penitentiary, shall best conduce to the reformation of the convicts. They shall make all necessary and suitable provisions for the employment of said convicts, subject to the limitations and provisions hereinafter contained. They shall inquire into any improper conduct which may be alleged to have been committed by the warden, or other officers or employees of said penitentiary, and for that purpose may issue subpoenas and compel the attendance of witnesses, and the production before them of writings and papers, and may examine any witnesses, on oath, who shall appear before them.

88. They shall require reports from the warden and other officers of said penitentiary in relation to any and all matters connected with the management, operations, businese, government, discipline and property of said penitentiary, and with the condition, conduct and employment of the convicts confined therein; and they shall make a biennial report to the governor of the state and condition of said penitentiary and convicts; of all moneys expended and received, and on what account expended and received; of all contracts entered into during the two preceding years, for the employment of convicts, or for furnishing of supplies, or for any other purpose, and the terms of such contracts, stating what portion of each contract has been performed, and the several sums of money received or expended thereon; and shall also include in said biennial report an abstract of all reports made to them by the officers of said penitentiary, during the preceding two years.

utes.

9. They shall keep regular minutes of their meetings Commissioners and proceedings at said penitentiary, and shall cause the to keep minsame, together with all orders, rules and regulations adopted by them, to be entered and recorded in a book which shall be kept for that purpose, in said penitentiary.

per day

con

Food for scribed by the

victs to be pre

commissioners

8 10. They shall prescribe the articles of food and the quantities of each kind which shall be provided for said convicts, and shall determine the number of hours during which said convicts shall be required to labor. 8 11. They shall cause a full and accurate inventory Inventory, etc. and appraisement of all and singular the machinery, fixtures, goods, chattels and property of every description belonging to the state, in and about said penitentiary, to be made under oath, by two or more competent appraisers, to be appointed for that purpose by said commissioners, and immediately make an inventory of all the machinery, fixtures, goods, chattels and property of every description, and at least once in each year thereafter, and shall cause a copy of such inventory and appraisement to be filed in the office of the auditor of public accounts, and another copy thereof, to be appended to their biennial report to the governor.

-3

Warden to re

§ 12. It shall be the duty of the warden to reside in tentiary, etc. and attend constantly at the penitentiary, except when absent on some necessary duties connected with his office, in which case his duties at said penitentiary shall, during such absence, be performed by the deputy warden; and in no case shall the warden and deputy warden be absent from the penitentiary at the same time.

Warden to exercise general supervision,

aminations,

etc.

§ 13. The warden shall exercise a general supervision over the government, discipline and police regulations of make daily ex- said penitentiary, in accordance with the orders, rules and general orders regulations of said commissioners; and shall see that such orders, rules and regulations are duly enforced; and shall give the necessary directions to the officers and guards, and examine whether they have been careful and diligent in the discharge of their several duties. He shall examine daily into the state of the penitentiary, and into the health, condition and safe keeping of the convicts, and shall inquire into the justice of any complaints made by any of the convicts relative to their provisions, clothing and treatment. He shall make such general orders or rules for the government of the subordinate officers and employees of said penitentiary as he may deem proper, subject to the approval of said commissioners. Such rules and orders shall be in writing, and shall be entered in a book to be kept by the warden for that purpose, and shall be subject to any alteration or amendment by said commissioners.

Warden to keep § 14. The warden shall keep a daily journal of the prodaily journal. ceedings of the penitentiary, in which shall be entered a note of every infraction of the rules and regulations of the penitentiary, by any officer or employee thereof, which shall come to his knowledge, or by any convict in said penitentiary; and of every punishment inflicted on a convict, the nature and amount thereof, and by whom inflicted; and, also, a memorandum of every well-founded complaint, made by any convict, of bad or insufficient food, want of clothing, or cruel or unjust treatment. Such journal shall be kept open at all times for the inspection of the commissioners.

Monthly report.

§ 15. He shall make a monthly report to the commissioners, stating the names of all convicts received into the penitentiary during the preceding month; the counties in which they were tried; the crimes of which they were convicted; the nature and duration of their sentences; their former trade, employment, or occupation; their habits, color, age, place of nativity, degree of instruction, and a description of their persons; and also stating in such report the names of all the convicts pardoned or discharged during the preceding month, and all other particulars in relation to the persons so pardoned or discharged that are required to be stated in relation to convicts received into