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to the Warden, who may authorize such punishment under the prison rules as will in his opinion fit the case. If any convict threaten personal injury to any officer, keeper or guard, or make such demonstrations as may reasonably lead the officer, keeper or guard to believe his life or the life of any convict in danger, or if any prisoner acts in a manner which may lead the officer, keeper or guard to believe he is attempting to escape, then such officer, keeper or guard may proceed forthwith to use any weapon he may have to enforce obedience, and if in so doing any convict shall be necessarily wounded or killed, the officer or assistants are justified and shall be held guiltless: Provided, That no punishment shall ever be inflicted except solitary confinement on bread and water, or by wearing ball and chain attached to one leg.
SEC. 24. It shall be the duty of the physician to attend at all times to the wants of sick convicts, to prescribe medicine and diet for them. When any convict shall claim to be unable to labor by reason of sickness, the Warden shall refer the case at once to the physician, and shall be guided by his opinion. He shall examine the cells of the convicts and all the sanitary arrangements of the prison, the food and clothing of the convicts once a week, and shall make a general report of same at each quarterly meeting of the Board of Commissioners. He shall enter in the daily journal of the prison the names or numbers of all convicts placed under his care, stating the disease with which each is afflicted. He shall also record the death of any convict in said journal, stating name, age, time and cause thereof, and he shall embody a statement relative to these matters in his quarterly report to the Board of Commissioners.
Sec. 25. In case any pestilence or contagious disease breaks out among the convicts in the penitentiary, the Board and Warden may cause such convicts to be removed to some secure and suitable place where such sick shall receive all necessary care and medical attendance.
SEC. 26. The Warden shall receive, safely keep, and subject to the discipline of the penitentiary any criminal convicted of any crime against the United States, and sentenced to confinement therein by any court of the United States sitting within this State, until such sentence is executed, or until such convict is discharged by due course of law; the United States supporting such convicts and paying the expenses of executing such sentence.
Sec. 27. He shall take charge of any property that convicts may have at the time of entering the penitentiary, and if the same is of the value of five dollars or more, may sell the same, with the consent of the convict, and place the proceeds at interest for the benefit of such convict or his representatives when he may leave the penitentiary, keeping a correct account of such property and the proceeds thereof.
SEC. 28. When any convict is discharged from the prison, the Warden shall furnish such convict with a decent suit of clothing (if he is not already provided for) at the expense of the State, and shall pay such convict, from any funds belonging to the penitentiary, a sum not exceeding ten dollars, and shall deliver to said convict any property received from him which has not been disposed of according to law.
When there are cells sufficient, each prisoner shall be confined in a separate cell.
The clothing and bedding of the convicts shall be of coarse material, and they shall be supplied with a sufficient quantity of substantial, wholesome food.
Sec. 31. No person shall, without the consent of the Warden, bring into or carry out any writing or any information to or from any convict.
The following persons shall be allowed to visit the penitentiary during the regular hours prescribed by the Warden for the adinission of visitors: State officers, members of the Legislature and regularly ordained ministers of the gospel, for the purpose of holding religious services and ministering to the spiritual wants of the prisoners, but no other person shall go within the walls of the penitentiary without the special permission of the Warden or Board.
Sec. 33. When any convict is delivered to the Warden the officer having such prisoner in charge shall deliver to the Warden a certified copy of the sentence received by such officer from the clerk of the court where such convict was tried, and shall take from the Warden a certificate of the delivery of such convict, and such certified copy of the sentence shall be evidence of the fact therein contained. SEC. 34
When any convict escapes from the penitentiary the Warden shall use all proper means for the apprehension of such convict. For this purpose the Board of State Prison Cominissioners may offer a reward not to exceed five hundred dollars.
All rewards, and other sums of money to be paid for advertising any convict, shall be approved by the Board of Examiners, and upon such approval the Auditor shall draw his warrant on the State Treasurer.
Sec. 36. No spirituous or fermented liquors shall, under any pretense whatever, be brought into or upon the premises of the prison, except by the direction of the prison physician.
The State Auditor is authorized and required to draw his warrant on the State Treasury for such sumns as the Board of State Prison Commissioners may from time to time direct, for defraying the proper and necessary expenses of the prison.
Sec. 38. The Warden, the deputy warden, the physician, the assistant keepers and guards shall be exempt froin military and jury duties while actually employed by the State as such officers. SEC. 39.
Whenever there is a vacancy in the office of Warden, or the Warden is temporarily absent, all the duties of the Warden shall devolve upon and be performed by the deputy warden until the vacancy is filled or the Warden returns, but in no case shall the Warden and deputy warden be absent at the same time.
Sec. 40. All books, accounts, documents, registers and reports shall be deemed public property, and the Warden shall preserve at least one copy of each.
SEC. 41. The Warden shall cause to be kept a record of each and all infractions of the rules by convicts and discipline therefor, with the name of the convict offending and the date and character of each offense, which record shall be placed before the Board of State Prison Comunissioners at each regular meeting of the Board. SEC. 42.
The Warden, at the expense of the State, shall be entitled to the use of the building or quarters set apart and designated by the Board of State Prison Commissioners as the Warden's quarters, and shall
be entitled to necessary fuel, lights and food for himself, wife and children, and shall render an itemized account of the expenses chargeable to the Warden's quarters and submit such account to the Board of Prison Commissioners at the regular meetings of the Board, together with his other accounts and reports:
Provided, That if the Warden does not occupy said building with his family, the same may be occupied by the deputy warden and his family.
The Warden shall, on thc first Wednesday of each month, make a complete detailed report to the Board of State Prison Commissioners, showing the whole number of prisoners confined in said prison on the first day of the preceding month, the number received during the inonih, the number whose terms expired during the month, the number pardoned during the month, the number escaped and still at large, the number escaped and recaptured, the number died (if any) during the month, and the pumber in prison on the last day of the month. He shall, also, at the same time, make a detailed statement of all receipts, showing the source from which the same was derived, and all expenditures, with the proper vouchers for each item, the same to be kept on file by the Board and embraced in their annual report to the Governor. All certificates certified to by the Warden on account of the expenditures for care and custody of prisoners shall be certified by at least two inembers of said Board before the Auditor shall issue his warrant upon the treasury for the payment of the same.
SEC. 44. Every convict imprisoned in the State prison who has no infraction of the rules and regulations of the penitentiary recorded against him, and who performs the duties assigned to him in an orderly and peaceful manner, must be allowed, as a commutation of his sentence, a deduction of one month for the first year, two months for the second year, three months for the third year, four months for the fourth year, five months for the fifth year, and six months in each of the remaining years of said term. But if any convict escapes, or attempts to escape, from any prison, or commits an assault upon his keeper or any foreman, officer or convict, or otherwise endangers life, he forfeits any and all deductions from the time of his sentence to which he may have been entitled before the coinmission of such offeuse.
Whenever a charge of misconduct shall be sustained by the Warden and the Board of Prison Commissioners at their first meeting after said charge or charges shall have been recorded by the Warden or his deputy against a prisoner, he shall lose the deduction of time specified in section 44 of this Act; but he may regain, by continuous good conduct thereafter, a deduction of time not exceeding seventy-five per centum of said time specified in section 44 of this Act, and as much less as the Warden and the Board may certify to, as a suitable reward for good conduct.
SEC. 46. The Governor shall, upon the expiration of the sentence of any convict as commuted in sections 44 and 45 immediately issue his warrant for the discharge of said convict. Said warrant shall in all cases restore the prisoner to civil rights, the same as though a pardon had been issued.
All acts and parts of acts inconsistent with this Act are hereby repealed.
Sec. 48. Whereas an emergency exists, therefore this Act shall take effect and be in force from and after its passage.
Approved and day of February, 1899.
H. B. NO. 16.
OF COUNTY COMMISSIONERS; AMENDING SECTION 1760 OF THE REVISED STATUTES OF
SECTION I. That section (1760) seventeen hundred and sixty of the Revised Statutes be amended so as to read as follows:
Section 1760. The board of county cominissioners of each county shall, upon a petition of oue-fourth of the qualified voters who are taxpayers of the county fix and determine the bounty, for the destruction of each coyote, wild-cat, fox, lynx, bear, squirrel, rabbit, gopher, musk-rat, panther, cougar, lion, and nondescript and badger, and to prescribe rules for making proof of such destruction; and obtaining such bounty; Provided, That in no case shall the bounty for rabbits, gophers or squirrels be more than five cents for each animal destroyed. Sec. 2.
Whereas an emergency exists therefor this Act shall take effect and be in force from and after its passage.
Approved 2nd day of February, 1899.
H. B. No. 17.
AN ACT GRANTING RAILROAD CORPORATIONS THE RIGHT TO BRIDGE NAVIGABLE STREAMS AND WATERS
OF THIS STATE.
Be it enacted by the Legislature of the State of Idaho:
SECTION 1. Any railroad corporation heretofore duly organized and incorporated under the laws of this State, or of the United States, or any other State or Territory, or which may hereafter be duly incorporated and organized under the laws of this State, or of the United States, or of any other State or Territory, and authorized to do business in this State and to construct and operate railroads therein, shall have, and hereby is given, the right to build and construct, possess and own, bridges across the navigable streams and waters within this State, over or across which the projected line or lines of railway of such railroad, corporation, or either of them, will run: Provided, That said bridges are to be constructed in good faith for the purpose of being made a part of the constructed line of said railroad, or a part of any of the line thereof to be constructed and in course of construction, and to be used by such railroad corporation as a part of its line of railroad so constructed, or to be constructed, for the more convenient, expeditious and safe operation thereof: And provided, further, That such bridges shall be so constructed as to not interfere with, impede or obstruct the navigation of such stream or navigable waters, and shall comply with and be subject to the Acts of Congress relating to navigable streams, and the rules and regulations of the executive departments.
SEC. 2. This Act shall take effect from and after its passage, an emergency existing therefor.
Approved and day of February, 1899.
H. B. NO, 18
AN ACT RELATING TO LIQUOR LICENSES; AND AMENDING SECTIONS 4 AND 23 OF AN ACT ENTITLED “AN
ACT TO REGULATE THE SALE OF INTOXICATING LIQUORS, APPROVED FEBRUARY 6, 1891 AND
ADDING CTION 23 THERETO."
SECTION I. Section 4 of an act to regulate the sale of intoxicating liquors, approved February 6th, 1891, is hereby amended to read as follows:
Sec. 4. The amount to be paid by each applicant for such license shall be the sum of five hundred dollars per year, or a proportionate amount for each fraction of a year, iu any city, town, village or hamlet, where, at the last general election next preceding the date of the application for license, the total vote for Governor exceeded one hundred and fifty votes, and three hundred dollars per year in all other cities, towns, villages, or hamlets: Provided, That all persons engaged in retailing liquors in connection with a hotel or tavern, where meals and lodgings are furnished and kept in good faith for the entertainment of travelers at any point distant three miles or more outside of the limits of any city, town, village or hamlet, shall pay a license therefor of one hundred dollars per year, or a proportionate amount for each fractional part of a year: And Provided further, That no license issued under the provisions of this Act shall be for a less time than three months, and no license shall be granted for a license for a longer period than one year.
SEC. 2. Section 23 of said Act is amended to read as follows:
This Act shall take effect and be in force on the first day of July 1895.
All persons selling spirituous, malt or fermented liquors or wines in any quantity not to be drank in, on or about the premises, where sold, shall pay a license of two hundred dollars per year, or a proportionate amount for each fraction of a year.—No license issued under this section shall be for a less time than three months, vor for a longer period than one year.
Every person violating the provisions of this section shall be guilty of a misdemeanor and shall be punislied therefor as provided in section 12 of this Act.
Whereas an emergency exists therefor this Act shall take effect and be in force froin and after its passage.
Approved and day of February, 1899.
H. B. NO. 19.
AN ACT TO PROVIDE FOR THE PERFORMANCE OF THE DUTIES OF CERTAIN STATE OFFICERS IN CASE
OF THEIR TEMPORARY ABSENCE OR DISABILITY.
Be it enacted by the Legislature of the State of Idaho:
SECTION 1. · Whenever for any reason the Secretary of State, State Auditor, Attorney General and Superintendent of Public Instruction are temporarily unable to perform the duties of their respective offices, the Governor may appoint a suitable person to perform such duties temporarily as an acting officer, until the incumbent of the office shall be able to resunie the performance of his duties or a vacancy occurs in such office. The Governor shall require such bonds far persons so appointed as may appear to him necessary for the protection of the State, not exceeding the bonds given by the officer in whose stead he acts. Such