timber thereon, as may in the opinion of the board be required to preserve the forests of the State, prevent a diminution of the flow of the rivers, and aid in the irrigation of the arid lands. timber. Sec. 43. Every person who wilfully and without cutting or authority enters upon the public lands of the State and destroying cuts down, destroys or injures any kind of wood or timber, except cedar, quaking asp, maple, oak, mahogany and pinion pine, growing upon such lands, shall be guilty of a misdemeanor; Provided, That nothing contained herein shall prevent any miner from clearing Miners may his land in the ordinary working of his mining claim, or the taking or cutting timber for the making or improvement of roads or bridges. clear land. Sec. 44. The State board shall have power to Rules by board make all needful rules and regulations, not inconsistent with the provisions of this act, for carrying the same into effect; and shall supply all records, books and papers that may be required for the purpose of this act. tation in Sec. 45. The board shall cause the State to be State represenproperly represented in all suits, actions, controversies controversies. or claims relating to State lands. statement to Sec. 46. The secretary, under the direction of the Annual board, shall annually, on or before the first day of Jan- be published. uary in each year, publish a full report of the board's transactions, showing the amount of lands in each county belonging to the State, to what fund they belong, their value to the amount sold or leased during the year. Said report shall contain such other items of information concerning the State lands as the board may deem proper, and the board shall report the same to the Legislature at each regular session. protected. Sec. 47. Nothing in this act shall be so construed Vested rights as to impair the vested or accrued rights of any ditch or irrigation company, or any person owning any ditch or ditches, on or passing through any State lands. Sec. 48. Chapters LXII and LXXVI of the Laws of Utah, session of 1892, and acts amendatory thereof, and all acts and parts of acts in conflict herewith are hereby repealed. Sec. 49. This act shall take effect upon approval. CHAPTER LXXXI. State prison. Control by non partisan board of corrections. Appointment and term of. Vacancy. No compensation STATE PRISON. AN ACT to Provide for the Government and Discipline of the State Be it enacted by the Legislature of the State of Utah: SECTION 1. That the institution formerly known as the Utah Penitentiary, situated in the county of Salt Lake, in the State of Utah, shall hereafter be known as the State Prison, and persons sentenced thereto shall be confined therein, and may be employed at hard labor. Sec. 2. The government and control of the State Prison shall be vested in a Board of Corrections to consist of four members, not more than two of whom shall be of the same political party. Three of said members shall be appointed by the Governor, by and with the advice and consent of the Senate, one to serve for three years, one to serve for five years, and one to serve for seven years, as may be designated by the Governor at the time of their appointment, and at the expiration of their terms their successors shall be appointed in like manner for the term of six years. The Governor shall be ex-officio a member of said board. Whenever a vacancy occurs in the board, otherwise than by the expiration of a term, such vacancy shall be filled by the Governor for the remainder of the term, by and with the advice of the Senate, if in session. If the Senate is not in session the appointment shall continue until the next regular session of the Senate. The first appointment shall be made on the passage of this act. Sec. 3. The members of said Board of Corrections shall receive no compensation for their time or serbut expenses. vices, but their actual and reasonable expenses, incurred in the performance of their official duties to be verified on oath, shall be paid by the State Treasurer on the warrant of the State Auditor, out of moneys in the treasury not otherwise appropriated. Sec. 4. The officers of the State Prison shall con- Officers of sist of a warden, who shall be the principal keeper, one prison. deputy warden, one clerk who shall also be a keeper, one physician who is a surgeon, a matron and as many keepers and guards as the warden and the board may deem necessary, and they may appoint persons having a practical knowledge, to be overseers of such work that may hereafter be established, when, in their judgment, such appointment will promote the efficiency of the prison labor. Each of said officers, before entering upon the duties of his office, shall take and subscribe the official oath prescribed in the Constitution, and file the same with the Secretary of State. Sec. 5. The said board shall appoint the warden, warden. who shall hold office during the pleasure of the board. He shall possess the ability and qualifications necessary to successfully carry on the industries of the prison, and be one who has the executive ability essential to the proper management of the officers and employes under his jurisdiction, and to enforce and maintain proper discipline in every department, and the board shall have power to remove him for cause, after opportunity shall be given him to be heard, upon written charges. No warden shall be removed except for cause. The board shall be the sole judges of the sufficiency of the cause, and any and all decisions of the board shall be final. appoint deputy Sec. 6. The deputy warden, and all other officers warden to and employes of the prison, shall be appointed by the and officers, etc. warden of the prison, subject to the approval of the board, and shall hold their office during the pleasure of the warden and the board. warden at Sec. 7. The warden shall reside at the prison of Residence of which he shall have charge, in apartments to be as- prison. signed to him by the board of the prison, and he shall be in constant attendance at the prison except when absent on some necessary duty, or sick, in which case his duties during his absence or illness shall be performed by the deputy, and in no case shall the warden and deputy warden be absent from the prison at the same time. Before entering upon the duties of his office, the warden of the prison shall execute to the State a bond with two or more sufficient sureties, in the penal sum of twenty thousand dollars, conditioned that he shall faithfully account for all money and property that may come into his hands by virtue of his office, and Daily journal to be kept. Duties of warden. perform all the duties incumbent upon him as such warden, according to law, which bond shall be approved by the board and filed in the office of the Secretary of State. Sec. 8. The warden shall keep a daily journal of the proceedings of the prison, in which he shall note every infraction of the rules and regulations of the prison by any officer or guard thereof, which shall come to his knowledge, and make a memorandum of every complaint made by any convict, of cruel or unjust treatment by any officer of the prison, or a want of good and sufficient food or clothing; and also of every infraction of the rules and regulations of the prison by any prisoner, naming him and specifying the offense, and also what punishment and the extent thereof, if any, was inflicted, which journal shall be laid before the board of the prison at every stated meeting, and at every special meeting when demanded. Sec. 9. It shall be the duty of the warden under the rules and regulations adopted by the board of the prison for the government of the prison: 1st. To exercise a general superintendency over the government, discipline and police of the prison, and to superintend all the business concerns thereof. 2nd. To give necessary directions to all inferior officers, keepers and guards, and to examine whether they have been careful and vigilant in their respective duties. 3rd. To examine daily into the state of the prison, and the health, conduct and safe keeping of the pris oners. 4th. To use every proper means to furnish employment to prisoners most beneficial to the State and best suited to their several capacities. 5th. To superintend any manufacturing and mechanical business that may be carried on by the State, pursuant to law, within the prison; to receive the articles manufactured, and to sell and dispose of the same for the benefit of the State. 6th. To take charge of the real and personal estate attached to the prison. 7th. To inquire into the justice of any complaint made by any of the convicts relative to their provisions, clothing or treatment. 8th. The said warden, under the direction of the said board shall be the custodian of all funds belonging to the prison whether arising from the avails of the labor of the convicts, the sales of manufactured articles, or appropriations made by the Legislature and drawn from the State treasury. 9th. And generally to have charge of all the departments of the prison and its officers as its executive head. of warden. Sec. 10. The warden shall make a monthly report Monthly report to the board of all moneys received by him from every source by virtue of his office, and of all sums paid and expended by him with lawful vouchers therefor, and stating also the balance in his hands at the time of making such report. convict. Sec. 11. The warden shall take charge of the Property of property which a convict may have about his person when received at the prison. The money so taken shall be placed in the prison accounts to the credit of the convict from whom it is taken; the other property, if of any value, and not of a perishable nature, shall be kept by the warden and returned to the convict when he shall be discharged, or all shall be delivered to his legal representatives in case of his death before being released; Provided, That if no legal representative shall demand such property within two years after the death of the convict, the whole of it shall become the property of, and be applied to the use of the State. of warden. Sec. 12. All fiscal transactions and dealings on Fiscal transaccount of the prison shall be conducted by and in the actions in name name of the warden thereof, who shall be capable in law of suing and being sued in all matters concerning said prison, by his name of office; and by that name he is authorized to sue for and recover all sums of money or any property due from any person to the State on account of any business pertaining to the State Prison. When a controversy arises respecting any contract Arbitration on made by the warden on account of the prison, or a suit contracts. is pending thereon, the warden may, with the written approval of the board, submit the same to the final determination of arbitrators or referees. Sec. 13. The clerk of the prison, before entering clerk of prison. on the duties of his office, shall execute a bond to the State, with sufficient sureties, to be approved by the board, in the penal sum of five thousand dollars, conditioned that he will keep a true, honest and faithful |