the terms of the law in respect to fire escapes shall be properly provided and equipped with lawful fire escapes, and the bureau shall be notified thereof, the commissioner shall at once order a new statement, setting forth that fact, to be posted in said hotel, lodging or boarding house, and the bureau shall keep a record of all buildings so examined and posted.

3316 SEC. 7. [Census.] At the time of the assessment of property for taxation for county and state purposes, it shall be the duty of the township and precinct assessors to enroll the names of all persons over 21 years of age in their respective townships or precincts, together with their several occupations. If farmers or manufacturers, the products of their several farms or factories during the past year, and if wageworkers, the time they have been employed during the past year and the wages they have received for the same. It shall be the duty of the county clerks on or before the first day of July in each year, to forward a summary of such reports of their respective counties to the State Bureau of Labor. The deputy commissioner of labor shall compile said reports and shall embody them in his Biennial report to the Governor. [Amended 1897, chap. 38.]

3317 SEC. 8. [Forms-Admission to workshops.] The said commissioner shall have power to prescribe blank forms and transmit them to employers, which shall be filled out clearly and completely under oath, by the person or persons to whom they are sent, with the facts, statistics, and statements asked for, and returned to him within such reasonable time as he may fix. In case any owner or occupant, or his agent, shall refuse to admit any officer of the said bureau to his workshop or factory, when open or in operation, he shall forfeit the sum of ten dollars for each and every offense, and if he shall, through his agent or otherwise, neglect, fail, or refuse to fill out the said blank forms, and verify and return them as required, he shall forfeit the sum of ten dollars for each and every day said blank may be so delayed beyond the time fixed by the commissioners for their return. The forfeits named and provided in this act shall be sued for in the name of the state by the county attorney of the respective county where such offense is committed, upon the complaint of any officer of said bureau, or any citizen, and shall be paid into the school fund.

3318 SEC. 9. [Seal.] There shall be provided a seal of office for the use of said bureau, and the commissioner or his deputy, for the purpose of making any investigation contemplated by this act, shall have power to administer oaths, take testimony, and subpoena witnesses, which witnesses shall receive the same fees as are allowed to any person testifying in district courts of this state, to be paid out of the contingent fund of this bureau; Provided, however, That no person subpoenaed by the said commissioner or his deputy shall be compelled to go outside of the city or town in which he resides to testify in behalf of such investigation.

3318a SEC. 9a. [Free employment office.] The Commissioner of labor is hereby authorized and directed, within thirty days after the passage of this amendment, to establish and maintain in the office of the Bureau of Labor and Industrial Statistics and in connection therewith, a free public employment office. The Deputy Commissioner shall receive all applications for help made to him by any person, company or firm, and all applications made to him for employment by any person or persons and record their names in a book kept for that purpose, designating the kind and character of help wanted or the kind and character of employment desired, and the post-office address of the applicant. It shall be the duty of said Deputy to send by mail to all applicants for help, the name and post-office address of such applications for employment as in his judgment will meet their respective requirements and such other information as he may possess that will bring to their

BEC. 7. The section purporting to be amended provided only for posting labor lawa.

notice the names and post-office addresses of such unemployed laborers, mechanics, artisans or teachers as they may require. No compensation or fee whatsoever shall directly or indirectly be charged or received from any person or persons applying for help, or any person or persons applying for employment through the Bureau of Labor. Said Deputy or any clerk connected with the Bureau, who shall accept any compensation or fee, from any applicant for help or any applicant for employment, for services as provided in this act, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in a sum not less than twenty-five dollars nor more than one hundred dollars for each offense, or imprisoned not to exceed thirty days. Any application for help or any application for employment made to said office shall be null and void after thirty days from its receipt by said Deputy, unless renewed by the applicant. Every applicant for help shall notify said Deputy Commissioner by mail immediately after the required help designated in his or her application has been secured, and every applicant for employment shall notify said deputy immediately after securing the same. Such notice shall contain the name and last preceding post-office address of each employer or employe secured through such employment office, and any failure or refusal to thus notify said deputy commissioner shall bar such applicant from all future rights and privileges of said employment office at the discretion of said deputy. Applicants for help shall be construed to mean employers wanting employes, and applicants for employment shall be construed to mean persons wanting work to do. Sections 2066 and 2068 are hereby repealed. As an emergency exists this act shall take effect and be in full force from and after its passage." [1897, chap. 38.]

3319 SEC. 10. [Report.] The commissioner shall report biennially to the governor, accompanying his report with such suggestions and recommendations as may de deemed wise and proper. The said report shall be printed and distributed according to the provisions of the law governing the printing of other state reports.

3320 SEC. 11. [Appropriation.] The commissioner shall be allowed a sum not to exceed five hundred dollars per annum for traveling and contingent expenses, and a further sum of one hundred dollars per annum for the purchase of books and periodicals on labor and industrial matters for the bureau library. There is hereby appropriated annually, out of any moneys in the treasury, not otherwise appropriated, a sum sufficient to carry out the provisions of this act.

SEC. 11. Quære-Constitutional? See State v. Cornell, June 7, 1900.

CHAPTER 40.-INSANE.

3321 SECTION 1. [Location.] That the hospital for the insane located at Lincoln, in the county of Lancaster, shall be known under the name and by the title of the "Nebraska Hospital for the insane," and shall be under the charge of three (3) trustees, two (2) of whom shall constitute a quorum for the transaction of business. [G. S., 411.]

3322 SEC. 2. [Postoffice privileges of inmates.] That henceforth there shall be no censorship exercised over the correspondence of inmates of the hospital for the insane in this state, but their postoffice rights shall be as free and unrestrained as are those of any resident or citizen of this state, and be under the protection of the same postal laws. And every inmate shall be allowed to write when and whenever he or she desires to any person he or she may choose. And it is hereby made the duty of the superintendent to furnish each and every inmate of each and every insane asylum in this state with suitable material, at the expense of the state, for writing, enclosing, sealing, stamping, and mailing letters, sufficient for writing at least one letter a week, provided they request the same, unless they are otherwise furnished with such material; and all such letters shall be dropped by the writers thereof, accompanied by an attendant when necessary, into a postoffice box, provided by the state at the hospital for the insane, and kept in some place easy of access to all the patients; and the contents of such postoffice box or boxes shall be collected once every week by an authorized person, and by him placed into the hands of the United States mail for delivery. And it is hereby made the duty of the superintendent of every hospital for the insane in the state, either public or private, to deliver or cause to be delivered to said person any letter or writing to him or her directed, without opening or reading the same, or allowing it to be opened or read without consent of the recipient of such letter, or the request or consent of the writer. [1883, chap. LXIX.]

3323 SEC. 3. [Penalty.] That any person refusing or neglecting to comply with, or willfully and knowingly violating any of the provisions of this act, shall, upon conviction thereof, be punished by imprisonment in the penitentiary for a term not exceeding three years nor less than six months, or by a fine not exceeding $500, or both, at the discretion of the court, and by ineligibility to any office in the asylum afterward. [Id., § 2.]

3324 SEC. 4. [Act posted.] A printed copy of this act shall be framed and kept posted in every ward of every hospital for the insane, both public and private, in the state of Nebraska. [Id., § 3.]

3325 SEC. 5. [Government.] The trustees shall have the general control and management of the hospital; they shall have full power to make all by-laws necessary for the government of the same, not inconsistent with the constitution and laws of this state, and to conduct the affairs of the institution in accordance with the laws and by-laws regulating the same. It shall be the duty of the majority of said board to visit the hospital quarterly, and at said quarterly visits they shall, with the superintendent, examine the accounts of the steward, and certify their approval or otherwise on the page with his monthly balance. [G. S., 411.]

CHAP. 40.

"An act for the government of the hospital for the insane, defining the legal relations of insane persons, and providing for their care and protection. G. S., 411. Took effect March 3. 1873. Government now vested in board of public land and buildings Art. V. sec. 19, Const.; sec. 19, art. VII, chap. 83. "An act for the protection of the inmates of the hospital for the insane." Passed and took effect

SECS. 2-4. Fust 27, 1883.

3326 SEC. 6. [Officers.] The board of trustees shall appoint, upon the nomination of the superintendent, a steward and matron, who, together with the superintendent and assistant physician, shall be styled the "resident officers" of the hospital, and shall reside in the same, and be governed and subject to all the laws and by-laws established for the government of the hospital.

3327 SEC. 7. [Property in trust.] The board of trustees may take and hold in trust, for the hospital, any lands conveyed or devised, and any money or other personal property given or bequeathed, to be applied for any purpose connected with the institution.

3328 SEC. 8. [Record of proceedings.] The board of trustees shall make a record of their proceedings at all meetings, in a book to be provided for that purpose, and at their annual meeting shall make a report to the governor, of the condition and wants of the hospital, which shall be accompanied by a full and accurate report of the superintendent, and a detailed account of all moneys received and disbursed by the steward.

3329 SEC. 9. [Contracts.] No trustee or any officer of the institution shall hereafter be directly or indirectly interested in the purchase of building material, or any article of furniture or supply, for the use of the hospital.

3:30 SEC. 10. [Governor shall appoint superintendent.] The governor of the state shall appoint a superintendent and may appoint two assistant physicians for the hospital of the insane, one of whom shall be a woman, who shall hold their offices for a term of six years, unless sooner removed as hereinafter provided. [Amended 1883, chap. XLVIII.]

3331 SEC. 11. [Duties and powers of superintendent.] The superintendent of said institution shall be a physician of acknowledged skill and ability in his profession, and be a graduate of a regular medical college. He shall be the chief executive officer of the hospital, and shall hold his office for the term of six years, unless sooner removed by the governor for malfeasance in office, or other good and sufficient cause. He or the assistant physician must be in daily attendance at the hospital, and in no instance must both be absent at the same time. Before entering upon the duties of his office, he shall take and subscribe an oath or affirmation for the faithful and diligent discharge of the duties required by law. He shall have the entire control of the medical, moral, and dietetic treatment of the patients, and shall see that the several officers of the institution faithfully and diligently discharge their respective duties. He shall employ attendants, nurses, servants, and such other persons as he may deem necessary for the efficient and economical administration of the government of the hospital. [Amended 1875, 86.]

3332 SEC. 12. [Seal of hospital.] The superintendent shall provide an official seal for the hospital, upon which shall be the words, "Nebraska Hospital for the Insane." He shall make reports to the board of trustees as provided for in section eight (8) of this act.

3333 SEC. 13. [Duties of assistant physicians.] The assistant physicians shall be graduates of a medical school, and be able to perform the ordinary duties of the superintendent, and the physician who is oldest in office shall be known as the first assistant, and shall, during the necessary absence of the superintendent, perform the duties of said superintendent. The salary of the first assistant shall be fifteen hundred ($1,500.00) dollars, and of the second assistant twelve hundred ($1,200.00) dollars per annum. [Amended 1883, chap. XLVIII.]

SEC. 6. Appointment is vested in governor by the constitution. 18 Neb., 341.

SEC. 11. Act of 1875 has no repealing clause. Former law omitted words "And be a graduate of a regular medical college" in line three; the sentenee beginning He or the assistant," etc., in lines six and seven; read "faithfully and diligently to" instead of "for the faithful and diligent" in line nine; and added after the word "hospital" in last line the words "assign them their respective places and duties, and may at any time discharge any of them from service." Not repealed by sec. 7, art. 7, chap. 83. Removal for cause an administrative rafier than a judicial function. 45 Id., 321.

3334 SEC. 14. [Steward.] The steward, under the direction of the superintendent, and not otherwise, shall make all purchases for the hospital where they can be made on the best terms, keep the accounts, make engagements with, pay, and discharge those employed in and about the hospital, and have a personal superintendence of the farm, garden, and grounds, and perform such other duties as may be assigned him.

SEC. 15. [Repealed by 1881, 102.]

3335 SEC. 16. [Matron.] The matron, under the direction of the superintendent, and not otherwise, shall have the general supervision of the domestic arrangements of the hospital, and do what she can to promote the comfort and restoration of the patients.

3336 SEC. 17. [Commissioners of insanity.] In each organized county of the state there shall be a board of commissioners, consisting of three (3) persons, to be styled commissioners of insanity, two (2) of whom shall constitute a quorum; the clerk of the district court shall be ex officio a member of such board, and clerk of the same; the other members shall be appointed by the judge of said court; one of them shall be a respectable practicing physician, and the other a respectable practicing lawyer, and the appointments shall be made of persons residing as convenient as may be to the county seat; such appointments may be made during the session of the court, or in vacation; and, if made in vacation, it shall be by written order, signed by the judge and recorded by the clerk of the court. Immediately on the taking effect of this act, the judge shall make the first appointment; he shall then appoint one for one year, and the other for two years; as their respective terms expire, their successors shall be appointed for two (2) years; the appointment of successors may be made at any time within three (3) months prior to the expiration of the term of the incumbent, who shall hold his office until his successor is appointed and qualified. In the temporary absence, or inability to act, of two (2) of the commissioners, the judge of the district court, if present, may act in the room of one of such commissioners; or the commissioner present may call to his aid a respectable practicing physician or lawyer, who, after qualifying as in other cases, may act in the same capacity. The record in such case must show the fact of such absence.

3337 SEC. 18. [Oath-Meeting.] Before entering upon the duties of their office, the persons so appointed shall take and subscribe an oath or affirmation to support the constitution of the United States and of the state of Nebraska, and to faithfully discharge their duties according to law as such commissioners; which obligation shall be filed with the clerk of said court, who shall enter a memorandum thereof on the records; they shall organize by choosing one of their aumber president; they shall hold their meetings for business at the office of the clerk of said court, unless, for good reasons, they shall fix on some other place; if they deem necessary or advisable, the may hold sessions at such regular times as they may fix; they shall also meet on notice from the clerk.

8338 SEC. 19. [Duties of clerk.] The term "clerk " as herein used means clerk of said board of commissioners, unless otherwise expressed; and the said clerk shall sign and give or issue all notices, appointments, warrants, subpoena, or other process required to be given or issued by the commissioners, affixing thereto his seal as clerk of said court; he shall file and carefully preserve in his office all papers connected with any inquest by the commissioners, and properly belonging to his of fice, with all notices, reports, and other communications; he shall keep separate books in which to minute the proceedings of the board, and his entries therein shall be sufficiently full to show, with the papers filed, a complete record of their findings, SECS 17-23. Finding of insanity not admissible in action to avoid conveyance of land. 37 Neb., 6. Finding not proof of insanity. 46 Id., 493.