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shall exhibit an account of all appropriations made by the Legislature concerning any institution named in sections three and four, and of all other funds under the control of the board. It shall, in conjunction with and subject to the approval of the chief inspector of public accounting, prescribe the form of vouchers, records and methods of keeping accounts at and by each of the institutions named in sections three and four. Such vouchers, records and methods of accounts of the institutions shall be as nearly uniform as possible. The board, or any member thereof, shall have the power to investigate the conditions of and to examine and check the records of any of said institutions at any time. The board shall also have the power to authorize any of its members or officers, its bookkeeper and accountant, or any other employee, to proceed to any of the said institutions, and to examine and check the records, take inventory of the property thereof, or any of its departments, or for any other purposes the board may deem necessary. Any person doing such work shall receive, in addition to regular compensation, pay for actual expenses incurred thereby, such expenses to be paid in the manner hereinbefore provided. Upon the completion of any such special work the board shall cause a full and complete written report of the same to be made to it as soon as practicable.

Sec. 9. Powers and Duties. The state board of control or one or more of its members shall visit each of the institutions under its control and management in whole or in part as often as may be necessary, and may hold a regular meeting of the board at any such institution. During any such visitation the board or any member thereof shall thoroughly inspect all the departments thereof and investigate the condition and management of the same; and for the purpose of aiding any such investigation the board or any member thereof shall have power to summon and compel the attendance of witnesses, to be examined under oath, which any member shall have the power to administer; and the board or any member thereof shall have access to all books, papers and property necessary to any such investigation, and may order the production of any books, papers or property. Witnesses, other than employees of the State, shall be entitled to the same fees as in civil cases in the circuit court. In any investigation by the board, or by any member thereof, it or he may cause the testimony to be taken in shorthand and transcribed and filed in the office of the board as soon after the same is taken as practicable. Any person refusing or failing to obey the order of the board, or any member thereof, issued under the provisions of this section, or to give or produce any evidence required, shall be reported by the board or the member thereof conducting the investigation to the proper circuit court or the judge thereof, and such person so refusing or failing shall be dealt with by the court or judge as for contempt.

Sec. 10. Appointment of Heads of Certain Institutions. The governor shall, by and with the advice and consent of the Senate, appoint a superintendent for the West Virginia asylum, superintendent for the second hospital for the insane, a superintendent for the West Virginia hospital for the insane, a warden for the penitentiary, a superintedent for the West Virginia reform school, a superintendent for the West Virginia industrial home for girls, a superintendent for miners' hospital No. 1, a superintendent for miners' hospital No. 2, a superintendent for miners' hospital No. 3, and a superintendent for the schools for the deaf and the blind.* The governor may remove any superintendent or warden for incompentency, neglect of duty, gross immorality, malfeasance in office, or *Sce note (*) bottom of page 79.

for other good cause, and in case of vacancy, whether occurring by reason of removal or otherwise, may declare the office vacant and fill the same by appointment for the unexpired term. The superintendent of each institution and the warden of the penitentiary shall have the power to appoint all assistants and employees required for the management of the institution in his charge, the number of said assistants and employees, and their compensation, to be first fixed by the state board of control. The superintendent of any institution and the warden of the penitentiary may, at his pleasure, discharge any person therein employed. It shall be the duty of the board to investigate any complaint made against the chief executive officer of any institution, and also against any other officer or employee thereof, if the same has not been investigated. The board shall have the power to recommend to the governor the removal of any such chief executive officer, or other officer, setting forth in such recommendation the reasons for the same. The board shall fix the salaries or compensation of the officers and employees of the institutions named in section three on or before the first day of July of each year, to be paid during the year to commence July first, and no change shall be made therein excepting at the time prescribed in this section. The salaries or compensation of all officers and employees of the several institutions named in sections three and four shall be paid monthly, to include the last day of each month.

The chief officer of each of the institutions named in section three shall be furnished quarters, household furniture, board, fuel and light for himself and his family; quarters, household furniture, board, fuel and light shall be furnished to such other officers as is made necessary by the character of their service, and the board of control shall designate those who shall receive the foregoing in addition to their salary.

Sec. 11. Rules and Regulations. The board is authorized to make rules for the proper execution of its duties and powers. It shall also have the power to adopt rules and regulations for the government of the institutions, named in sections three and four, and shall therein prescribe, consistent with the provisions of this act, the duties of the persons connected with the management of the said institutions.

Sec. 12. Shall Purchase Supplies. The state board of control is hereby authorized and required to purchase all supplies for the proper support and maintenance of the institutions named in sections three and four, and for any other institution, department, board, commission, or other state agency, under its control or management in whole or in part. Such supplies shall be purchased whenever practicable by contract on competitive bids, and notice of the same shall be given, whenever the board thinks best, by publication in at least two newspapers of general circulation in the State for not less than two weeks prior to the award made; and a written or printed notice shall be sent to every manufacturer or dealer of or in the article or commodities for which prices are desired who has requested his name to be placed upon the mailing list. The contract shall be awarded to the lowest responsible bidder if the price be a fair and reasonable one and not greater than the market price. The board is authorized to require such surety as it may deem proper to accompany the bids submitted, and shall also fix the amount of the bond or other security that shall be furnished by the person, firm or corporation to whom the contract for any supplies is awarded. The board shall have the power to reject any and all bids submitted if for any reason it is

deemed to the best interests of the State to do so, and to re-solicit bids in accordance with the provisions of this section. The board may determine the kind and character of animals to be slaughtered for meats for use in the several institutions under its control and it shall make such rules and regulations as may be necessary for the inspection of meats, poultry, bread and other supplies intended for use in any of the said institutions. In accepting bids for supplies preference shall be given citizens of this State, other things being equal. Whenever the board fail to make contracts for supplies the same may be purchased by the chief officer in charge of an institution, under such rules and regulations as shall be prescribed by the board of control. It shall be the duty of the chief officer of each institution named herein to cause to be prepared estimates of supplies required for the proper conduct and maintenance of the institution under his charge, covering periods to be fixed by the board of control, and to forward the same to the board in accordance with its directions. No member or officer of the board of control, or of the state board of regents, *and no person in their employ and no officer or employee of any state institution shall be directly or indirectly interested in the purchase of supplies, or in any supplies purchased, nor in any contract, agreement or undertaking entered into by and for any of said institutions; and if he be so interested he shall forfeit his office, such contract shall be void, and such person shall be liable to the State upon his official bond for all damages. No member of said board, no officer, agent or employee thereof, and no officer of any institution under their charge, shall directly or indirectly for himself or for another, or for any such institution, receive or accept any gift or gratuity or thing of value from any dealer in goods, merchandise or supplies which are or may be used in such institutions, or from any person, firm or corporation who are or may be interested in any contract with such board for or on account of the State. Any violation of this section shall be a misdemeanor, and be punished by a fine of not less than twenty-five nor more than five hundred dollars.

Sec. 13. Buildings for Institutions. The state board of control is vested with authority to employ competent architects for the preparation of plans and specifications for all new buildings hereafter to be built by the State, or for the repairing or remodeling of existing buildings, or the construction of additions thereto; to employ competent persons to superintend the work of constructing new buildings or of such repairs, remodeling or additions, and to call for bids and award contracts for such work. The board shall have authority to erect any new buildings, or to make repairs or additions to, or changes in, any buildings already constructed, without letting the same to contract, or by employing thereon the labor of the inmates of any institution of the State, whenever in the judgment of the board the best interests of the State will be subserved thereby. The board may also provide with contractors for the erection of new buildings or for additions or repairs to old ones, to use thereon the labor of such inmates. The board has authority, whenever in its judgment a new building is needed by the State, or whenever it is necessary to build an addition or make material repairs to a building already in existence, with the approval of the governor, to employ a competent architect or architects to make plans and specifications therefor, and estimate of the cost thereof, for submission to the next session of the Legislature, to aid that body in making an appropriation for the purpose. The governor may pay the cost of such plans and specifications and estimates out *State Board of Education-Acts of 191

of his civil contingent fund, or the board may cause the same to be paid out of the current expense fund or out of any appropriation made for buildings and land or for repairs and improvements of the institution for which the building or work is designed. So far as practicable, hereafter all buildings erected for the use of the State shall be fire-proof.

Sec. 14. Records of Institutions. The state board of control shall prescribe the records to be kept for statistical and other purposes in the several institutions named in sections three and four. It shall require a copy of such record to be transmitted to it for the preceding month, and the board shall keep in its office in a substantially bound book a copy of every report that they may require from the chief officers of any institution; and shall have authority to assemble the chief officers of the institutions or any of them at its office, for the purpose of discussing any question which may be common to their welfare. The actual expenses made necessary in traveling to and from such meeting and while upon its attendance, shall be paid out of the contingent fund of the several institutions. All bills on account of such expenses shall be made and paid as provided in section two of this act.

Sec. 15. Report to Governor. On the first day of October, one thousand nine hundred and ten, or as soon thereafter as practicable, and biennially thereafter, the board of control shall file with the governor a full report of all matters herein prescribed, showing the condition of all the institutions under its control, the cost of conducting the same during the period covered by the report, naming the buildings contracted to be erected, at what points, for what purposes, the contract price and the condition of construction, and shall also include therein a statement of the work and expenses of the board. It shall also incorporate in its report suggestions respecting legislation for the benefit of the several institutions under its care, and shall make estimates of appropriations, which in its opinion are necessary for the maintenance and other expenses of the institutions and for buildings, betterments and other improvements. The said report shall also contain such portions of the biennial reports made by the chief officers of the several institutions to the board as it may deem proper, also statement showing the dates of visitation made by the board or by any member thereof to the several institutions. In its report shall be included an itemized statement of the expenses of the board and such other matters as it may deem pertinent. There shall also be published in the report full and complete lists of the officers and employees of the board and of the institutions named in sections three and four, showing the annual salary paid and perquisites allowed each officer or employee. The governor is hereby empowered to call upon the said board for any special report or information relative to any matter coming within its authority. The governor may direct the said board to make any special investigation into and report upon any matter connected with any state institution.

Sec. 16. Gifts and Devises. The board of control is hereby empowered to accept any gift or devise of any property or thing which lawfully may be given. If such gift or devise is to any particular institution named in sections three and four, whatever profits shall arise from its use or investment, shall be paid into the state treasury for the use and benefit of the said institution and the board is hereby invested with the title to the property which is, or may be subject of such gift or devise.

Sec. 17. Insurance on Buildings. The board of control shall have charge and control of the insurance of all buildings and property of the State and shall keep the same properly insured against loss by fire, by explosion of steam boilers and the like; but the insurance of the property of the State at the seat of government shall be first authorized by the board of public works. The board of control shall keep a record of all such insurance which shall show the name of each insurance company, the number, date and amount of insurance of each policy written by it, the rate of premium, the building or other property on which insurance is placed, the period for which written and the date of its expiration; and the amount of insurance upon each building and such other matters as the board may deem pertitent.

Sec. 18. Same—Limitations—Appropriations for Re-building. The state board of control shall insure only such buildings and property of the State as it shall deem most likely to be damaged or destroyed by fire, and within the limits of the amounts hereby appropriated. If any building is destroyed by fire, there is hereby appropriated out of any money in the treasury, not otherwise appropriated, such sum as may be necessary to replace such building, but the amount thereof shall not exceed the value of the building destroyed, less the amount of insurance, if any, collected thereon.

PUBLIC LIBRARIES

(Being Chapter 64, Acts of the Legislature of 1915.)

Section 1. Definitions. The following words and phrases, wherever used in this act shall include and be taken to mean as follows: the word "municipality” shall include an incorporated city, a town, a county and a school district; "municipal authority" shall include the mayor and common council of a city, a town, or board of commissioners, or other corresponding authority thereof, county courts and boards of education of school districts and independent school districts; "public library" shall include public library and reading room; "chief executive authority" shall include mayor and city council or other corresponding authority in cities and towns; and the county court and board of education in counties and school districts; "the directors of public library board" shall include the members of public library boards of cities, towns, counties and school districts established under this act.

Sec. 2. Levy-Upon Vote of People. The municipal. authority of any municipality shall have the power to establish, equip and maintain a public library, or take over and maintain and support any public library already established therein, for the use and benefit of the inhabitants of such municipality, and may levy an annual tax for the purpose of not more than one and one-half cents on the one hundred dollars, on all the taxable property in said municipality, such tax to be levied and collected in like manner as the general taxes of the municipality, which shall be kept separate in a fund to be known as the "library fund;" provided, that when any municipality makes a levy for a municipality in which there is already a municipal library, and the said municipality does not join in the proposed library, the said municipality shall omit from the levy of the library tax all property within the limits of said municipality not joining in said proposed library; provided, further, that before establishing

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