CHAPTER 39 6.—INDUSTRIAL STATISTICS.

SEC. 1. [Establishment.]- There is hereby created a bureau of labor census and industrial statistics, with headquarters in the capitol building, for which stationery, postage, expressage, printing, and facilities for transacting business shall be furnished. the same as for other executive departments. [1887, chap. 47.]

SEC. 2. [Commissioner.]—The governor of this state is hereby made commis

missioner of said bureau.

SEC. 3. [Same-Deputy.]-Said commissioner shall have the power to appoint a deputy at a salary of fifteen hundred dollars per annum, who, when acting for or instead of said commissioner, shall have and may exercise equal power and authority subject to the approval of the commissioner.

SEC. 4. [Duties.]-The duties of said commissioner shall be to collect, collate, and publish statistics and facts relative to manufacturers, industrial classes, and material resources of the state, and especially to examine into the relations between labor and capital, the means of escape from fire and protection of life and health in factories and workshops, mines and other places of industries, the employment of illegal child labor, the exaction of unlawful hours of labor from any employe, the educational, sanitary, moral, and financial condition of laborers and artisans, the cost of food, fuel, clothing, and building material, the causes of strikes and lockouts, as well as kindred subjects and. matters pertaining to the welfare of industrial interests and classes.

SEC. 5. [Power of commissioner.]-The commissioner or his deputy shall' have power to enter any factory or workshop in which labor is employed, for the purpose of gathering facts and statistics, or of examining the means of escape from fire, and the provisions made for the health and safety of operatives in such factory or workshop; and in case the officer of the bureau shall discover any violations of, or the neglect to comply with the laws in respect to child labor, hours of labor for women and children, fire escapes, and similar enactments now or hereafter to be made, he shall notify the owner or occupant of such factory or workshop in writing of the offense or neglect, and if such offense or neglect is not corrected or remedied within thirty days after the service of notice aforesaid, he shall lodge formal complaint with the attorney of the county in. which the offense is committed or the neglect occurs, whereupon that officer shall proceed. against the offender according to law.

SEC. 6. [Same-Examination of buildings.]-The commissioner or his deputy may examine hotels and lodging or boarding houses, for the purpose of discovering whether they are properly equipped with lawful fire escapes; and he may post in any hotel, lodging or boarding house so examined the laws upon this matter, together with his official statement as to whether said laws are fully complied with by said hotel,. lodging or boarding house. And any hotel, lodging or boarding house keeper, or other who shall mutilate, destroy, or remove from any building or buildings the said laws or statements so posted, shall, upon conviction, be fined any sum not to exceed fifty ($50.00) dollars for each and every offense. Whenever any hotel, lodging or boarding house that has been posted as not having complied with 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.

SEC. 7. [Laws posted.]-The commissioner or his deputy may post in any fac tory or workshop examined by him the laws now or hereafter to be made in respect to

CHAP. 39 b.-"An act to provide and continue & bureau of labor and industrial statistics and define the duties of its officers." Laws 1887, chap. 47. Took effect July 1, 1887.

child labor, hours of labor, fire escapes, or others pertaining to the health and safety of artisans or employees, and if the owner, manager, and proprietor of any factory or workshop, or his agent or any person whomsoever, shall remove, destroy or mutilate the law so posted, he shall, upon conviction, be fined in any sum not to exceed fifty dollars for each offense.

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 oceant, 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.

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.

SEC. 10. [Report.]-The commissioner shall report biennally to the governor, accompanying his report with such suggestions and recommendations as may be 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.

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 state treasury, not otherwise appropriated, a sum sufficient to carry out the provisions of this act.

CHAPTER 40.-INSANE.

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 trustees, two of whom shall constitute a quorum for the transaction of business. [G. S. 411.]

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.]

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.]

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.]

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 of his monthly balance. [G. S. 411.]

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

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 lands and buildings. Art. V. sec. 19, Const; sec. 19, art. VII, chap. 83.

SECS. 2-4. "An act for the protection of the inmates of the hospital for the insane." Passed and took efect Feb. 27, 1883. SEC. 6. Appointment is vested in governor by the constitution. 18 Neb. 341.

in the same, and be governed and subject to all the laws and by-laws established for the government of the hospital.

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.

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.

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.

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 of fices for a term of six years, unless sooner removed as hereinafter provided. [Amended 1883, chap. XLVIII.]

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.]

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.

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. 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 engageraents 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 1381, 102.]

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

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 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 judges 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.

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 number 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, they may hold sessions at such regular times as they may fix; they shall also meet on notice from the clerk.

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 office, 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, orders, and transactions; the notices, reports, and communications herein required to be given or made may be sent by mail, unless otherwise expressed or implied; and the fact and date of such sending, and of their reception, must be noted on the proper record.

SEC. 20. [Power of commissioners.]-The said commissioners shall have cognizance of all applications for admission to the hospital, or for the safe keeping otherwise of insane persons within their respective counties, excepting in cases otherwise specially provided for. For the purpose of discharging the duties required of them, they shall have power to issue subpoena, and compel obedience thereto, to administer oaths, and do any act of a court necessary and proper in the premises.

SEC. 21. [Application for admission to hospital.]-Applications for admissions to the hospital must be made in writing in the nature of an information, verified by affidavit; such information must allege that the person in whose behalf the application is made is believed by the informant to be insane and a fit subject for custody and treatment in the hospital; that such person is found in the county and has a legal