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FORM 5-REMOVAL FROM OFFICE

and be served upon the defendant, a copy of the complaint or petition filed against him, and the defendant shall have the right to answer within twenty days from such service, but only upon his oath or solemn affirmation equivalent to his oath. The petition and answer shall constitute the only pleadings allowed, and all allegations in the answer shall be deemed controverted, and any and all questions as to the sufficiency of the petition or complaint shall be raised and determined upon the trial of the case, and if such petition or complaint is held to be insufficient in form, the same shall be amended at once, and such amendment shall not delay the trial of the case. The proceedings under this act shall be conducted in accordance with the procedure of courts of equity where not otherwise expressly provided herein, and all courts having cognizance of proceedings hereunder are hereby given the full jurisdiction and powers of equity with respect to such proceedings.

SECTION 8.

Said proceedings in ouster shall be summary and triable as an equitable action, and shall have precedence over civil and criminal actions, and shall be tried at the first term after the filing of the complaint or petition herein named; provided the answer herein named shall have been on file at least ten days before the day of trial. A continuance or change of venue to another court or to the Court of another county may be granted on either side for good cause shown, but no continuance shall be granted by an agreement of the parties.

SECTION 9.

.....

If the defendant shall be found guilty, judgment of ouster shall be rendered against him, and he shall be ousted from his office.

SECTION 10.

Either party may appeal or prosecute a writ of error to the Supreme Court, from the final judgment or decree, but such appeal or writ of error shall not operate to suspend or vacate the judgment or decree, but the same shall remain in full force until vacated, reversed, or modified by the Supreme Court.

SECTION 11.

Upon petition or complaint being filed praying for a writ of ouster against any of the officers herein named, the court, judge, or chancellor may, on application, suspend such officer or officers so accused from performing any of the duties of their office, pending a final hearing and determination of the matter and thereupon the vacancy shall be filled as the law provides for the filling of vacancies in such office, and such person or persons so filling such vacancy shall carry on the duties of the office until such hearing shall be finally determined or until the successor of the officer so suspended shall be elected or appointed as provided by law, and shall have qualified. Such officer so temporarily filling the office shall receive the same salary and fees as are provided by law to be paid to the officer so suspended.

SECTION 12.

No person shall be suspended under the provisions of this act until at least five days' notice of the application for the order of suspension shall be served

FORM 5-REMOVAL FROM OFFICE

upon him, which notice shall set forth the time and place of the hearing of said application, and said officer shall have the right to appear and make any defense that he may have and shall be entitled to a full hearing upon the charges contained in the complaint and upon the application for the order of suspension; and no order of suspension shall be made except upon finding of good cause therefor. If on final hearing of the complaint or petition herein provided the officer is not removed from office, he shall, if he has been suspended, be immediately restored to his office, and be allowed his full costs and the salary and fees of his office during the time of his suspension, against the state, county, or municipality, as the case may be, to be taxed and paid as in other cases.

SECTION 13.

The attorney-general of the state, the district attorneys for the state, county attorneys, and city attorneys, shall have the power and they are hereby directed, whenever complaint has been made and the names of the witnesses furnished them, or whenever they deem necessary, to issue subpoenas for such witnesses so furnished them and for such persons as they have reason to believe have any knowledge of the complaint made, to appear before said attorneygeneral of the state, district attorney for the state, county attorney, or city attorney, at a time and place to be designated in the subpoena, then and there to testify concerning the subject-matter set out in the complaint.

SECTION 14.

Each witness shall be sworn true answers to make to all questions propounded to him touching the matter under investigation, and the testimony of each witness shall be reduced to writing and be signed by the witness. The attorney-general of the state, the district attorneys for the state, county attorneys, and city attorneys are hereby authorized and empowered to administer the necessary oaths and affirmations to such witnesses. Any disobedience to such subpoena or refusal to answer any proper questions propounded by said officers at such inquiry, shall be a misdemeanor and shall be punished by fine of not more than five hundred dollars, or by imprisonment in the county jail not more than six months, or by both such fine and imprisonment.

SECTION 15.

No person shall be excused from testifying before said attorney-general of the state, district attorney for the state, county attorney, or city attorney at such investigation, or in any investigation, or be excused from testifying in any proceeding brought in any court of competent jurisdiction under the provisions of this act, on the ground that his testimony may incriminate him; but no person shall be prosecuted or punished on account of any transaction, matter, or thing concerning which he shall be compelled to testify, nor shall such testimony be used against him for any crime or misdemeanor under the laws of this state.

SECTION 16.

In all appeals to the supreme court, the supreme court may adopt any procedure not inconsistent with this act, which it may deem necessary for a

FORM 6-REFORMATORY FOR WOMEN OR GIRLS

full and final hearing and determination of the cause; and said court, on appeal, shall either affirm the judgment or decree of the lower court or enter such final judgment as it deems that justice may require. On appeal, said cause shall stand for trial at the first term after such appeal is perfected and filed, and shall have precedence over all civil and criminal cases.

SECTION 17.

The attorney-general of the state shall, on his own initiative and without any complaint having been made to him or request made of him, institute proceedings in ouster against any of the state, county, and municipal officers, under the provisions of this act, and the district attorneys for the state, county attorneys, and city attorneys, within their respective jurisdictions, shall institute such actions without complaint being made to them or request made of them as they are authorized to institute upon request made of them or complaint made to them, when they have information that any officer described in Section 1 is guilty of any act of omission or commission described in Section 1.

SECTION 18.

Nothing in this act shall be construed as repealing any law now in force in this state making it a crime or misdemeanor for said public officers to violate certain statutes of this state, and providing a punishment for said violation; and proceedings under this act shall not be a bar to proceedings under any criminal statute of this state now in force or which may be in force. SECTION 19.

If for any reason any section or part of this act shall be held to be unconstitutional or invalid, then that fact shall not invalidate any other part of this act, but the same shall be enforced without reference to the part so held to be invalid.

FORM NO. 6

STANDARD FORM OF LAW FOR THE Establishment of a REFORMATORY FOR WOMEN OR GIRLS, BASED LARGELY ON THE CONNECTICUT

STATUTE (LAWS OF CONNECTICUT, 1917, CHAPTER 358)

[It will be noted that the statute provides that at least three women shall be on the board of directors. Where, under the constitution of a particular state, a woman cannot hold office, the same purpose can be served by providing for a board of directors of four men and three women, the latter to serve as advisory members.

If any legal difficulty is anticipated from the provisions of discharge and parole on account of the fact that they would be construed as an attempt by the legislature to vest in the board of directors power to pardon (usually vested in the governor of the state) the wording can be so changed as to permit the board of directors to recommend discharge and parole to the governor. With certain obvious changes, this form can be adapted to the establishment of prison farms for men.]

SECTION 1.

FORM 6-REFORMATORY FOR WOMEN OR GIRLS

A state (reformatory for girls) (reformatory for women) to be known as the (....... State Reformatory for Girls) (................ Farm for Women) is established.

State

SECTION 2.

The (...

State

State Reformatory for Girls) (................ Farm for Women) shall be under the management of seven directors, who shall be appointed by the governor, and at least three of whom shall be women. Within sixty days after the passage of this act, the governor shall appoint one director for one year, one for two years, one for three years, one for four years, one for five years, one for six years, and one for seven; and one year from the first day of the next month after their appointment and annually thereafter, the governor shall appoint one director for seven years. He shall also fill by appointment any vacancies that may occur for the unexpired term or terms thereof. The governor shall have power to remove any of said directors for cause. The directors shall receive no compensation for their services, but shall be paid their necessary expenses incurred while engaged in the performance of their official duties.

SECTION 3.

The directors are authorized to purchase in the name of the state as a site for said farm, not less than two hundred acres of suitable land. The board of directors is authorized to use, if practicable, for the purpose of said institution, any site owned by and not already used by the state.

SECTION 4.

The directors shall cause to be prepared plans and specifications for remodeling or erecting on such site necessary buildings for a suitable plant for the institution, which plans shall provide for cottages to be arranged for the proper classification of inmates as to the character and needs of such inmates. The directors shall furnish and equip the same ready for use. Contracts shall be made by the directors, and those calling for an expenditure of over five hundred dollars shall be duly advertised and competitive bids received thereon. When such buildings have been prepared and equipped, and the necessary staff of officers has been organized, the directors shall so certify to the governor, who thereupon shall issue a public proclamation that the institution is ready for the reception of inmates.

SECTION 5.

The sum of

......

dollars is appropriated for the purchase of a site for the institution and for the preparation of the buildings necessary to start the institution and to make it ready for the reception of inmates and for the payment of salaries and running expenses for fiscal year after the passage of this act.

SECTION 6.

......

The directors shall have control of the institution, determine the policy of the same, and make necessary rules for the discipline, instruction, and labor

FORM 6-REFORMATORY FOR WOMEN OR GIRLS

of inmates; form a board of parole and discharge; cause to be kept proper records, including those of inmates; fix salaries of the officers of said institution, appoint from their number a president and a secretary who shall hold office for such length of time as the board may determine; hold meetings at least quarterly at said institution and audit the accounts of the superintendent quarterly. They shall report annually to the governor the general and financial condition of said institution, with such recommendations as they may desire to make.

SECTION 7.

The directors shall appoint and remove at discretion a superintendent of said institution, who shall be a woman, not of their number, and who, before entering upon the duties of her office, shall give a bond to the state, with sufficient surety, in the sum of five thousand dollars, and shall be sworn to a faithful performance of her duties. The superintendent shall receive such compensation as shall be fixed by the directors and shall reside at said institution.

SECTION 8.

The superintendent shall manage said institution and have control over the inmates thereof, and shall make rules and regulations for the administration of said institution, subject to the approval of the board of directors. The superintendent shall, also, subject to the approval of the board of directors, determine the number, select, appoint, and assign duties of all subordinate officers of said institution, who shall be women as far as practicable, and shall be sworn to a faithful performance of their duties.

SECTION 9.

(a) Any girl not less than ten nor more than eighteen years of age who, upon conviction of the commission of any crime under the laws of this state, may be sentenced for a maximum term of imprisonment of not less than one year, and any girl not less than ten years nor more than eighteen years of age who may, by reason of incorrigibility or delinquency, be taken into custody by the juvenile court and committed to an institution under the laws of this state;

(b) Any woman above the age of sixteen years who, upon conviction of the commission of any crime under the laws of this state, may be sentenced for a maximum term of imprisonment of not less than one year; may be committed to the (a) (................... (b) (.......................

State Farm for Women).

State Reformatory for Girls)

All commitments shall be for an indeterminate period of time not to exceed three years, except where the maximum terms specified by laws for the crime for which the offender was sentenced shall exceed that period, in which event such maximum term shall be the limit of detention under the provisions of this act, and in such cases it shall be the duty of the trial court to specify the maximum term for which the offender may be held under such commitment. No (a) (girl) (b) (woman) shall be transported or conveyed to the said institution by any male officer unless she also be accompanied by a woman. Authority is given to the board of directors to receive and detain as an inmate of insti

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