and when a contract can be had at such lower bid. When two or more bids for the same article are equal in amount, the Board may select the one which, all things considered, may by them be considered best for the interests of the State, or they may divide the contract between the bidders, as in their judgment may seem proper and right; provided, that no contract shall be given, or purchase made, in which any member of the Board or any officer of the prison is interested. All contracts or purchases made in violation of this section shall be void.

SEC. 11. A Director shall not be appointed to any other Directors. office under this law during the period for which he was appointed such Director.

officers and

SEC. 12. No person shall be appointed to any office, or be qualificaemployed in the prison on behalf of the State, who is a con- tions of tractor, or the agent or employé of a contractor, or who is employés. interested directly or indirectly in any business carried on therein; and should any officer or employé become such contractor, his agent or employé, or become interested in such business, it shall be cause for his removal; and no person who is not a citizen of the United States and of California, shall be appointed by the Warden a guard, or a Superintendent, or Captain of the Guard, or who is less than twentyone years of age; nor shall any one be appointed to office, or employed by virtue of this Act, who is in the habit of using intoxicating liquors. A single act of intoxication shall justify a discharge or removal.

and suspen

sion.

SEC. 13. Any officer appointed by the Warden and Board Removal of Directors, or by the latter, may be removed for delinquency in the discharge of his duty, misconduct in office, or for any other cause which materially affects his usefulness or fidelity; and any officer or employé appointed by the Warden may be suspended for either of the same causes. In all cases of removal or suspension, the cause thereof shall be fully stated in writing. If it is an officer appointed or approved by the Board, it shall be entered at large on the journal, and if it be a suspension by the Warden, it shall be presented to the Board at their next meeting thereafter. If the suspension is approved, the officer or employé shall be discharged; if not, he shall be reinstated, and in the latter case the Board may, in their discretion, order that he shall receive his pay during the time suspended.

SEC. 14. If the office of Director shall become vacant by Vacancies. death, resignation, or other cause, the vacancy shall be filled for the unexpired term by the Governor, subject to the approval of the Senate, if in session, and if not, subject to its approval at its first session thereafter. If any office becomes vacant in any manner, which is filled by the Warden and Directors, or by either of them, the vacancy shall be filled in the same manner as prescribed in section seven of this Act.

and em

SEC. 15. The officers and employés shall receive the fol- Salaries, etc., lowing compensation, to wit: The Directors, in addition to office their necessary traveling expenses, shall be paid eight dollars ployés. per day for the time necessarily employed in the discharge

Moneys.

Same.

Entrance fee for visitors.

Cash

account.

Contracts for labor by prisoners.

How let.

of their official duties; the Warden, twenty-five hundred dollars per year; the Clerk, twelve hundred dollars per year; the Steward, twelve hundred dollars per year; the Physician, twelve hundred dollars per year; the Captain of the Guard, twelve hundred dollars per year; the Teacher, seventyfive dollars per month; the Superintendents of the yard, kitchen, shops, and hospital, seventy-five dollars per month each; and the guards, fifty dollars per month each. The Captain of the Yard shall be ex officio Deputy Warden. The Directors shall be paid quarterly, and the officers and employés monthly, out of the treasury of the State, on the warrant of the Controller.

SEC. 16. No money shall be drawn from the treasury except upon accounts duly certified by the Warden, and approved by two Directors. A triplicate of every such account shall be filed with the Clerk.

SEC. 17. No money shall be paid to the Steward for or on account of any claim due the prison for sales made by him, or any other acts of his. All moneys so due shall be paid to the Warden. Duplicate accounts shall be made out by the Steward; one to be retained by him, and the other certified to the Warden. When the amount is paid to the Warden, he shall receipt the account, and it shall be properly entered on the books by the Clerk; and payment to the Warden shall alone discharge such liability.

SEC. 18. Visitors may be charged a reasonable sum for going through the prison, which sum shall be prescribed by the Board. The Warden shall procure suitable tickets, which shall be sold by the Clerk, who shall keep an account of such sales, and pay over the money to the Warden daily. The guard at the entrance shall receive the tickets, and also keep an account of them in a book as they are received, and return them to the Clerk each day before the prison is closed. SEC. 19. All other revenues, except as herein otherwise provided, shall be paid to the Warden.

SEC. 20. The Warden shall balance his cash account each month, and report the same to the Board, if in session, at their first meeting thereafter, and, on the fifth week-day of each month, pay into the treasury so much as is, in the opinion of the Board, not required for the current expenses of the prison.

SEC. 21. In order to provide for hard labor by each convict, according to his sentence, the Directors are hereby authorized and required to let and hire the labor of the convicts upon such branches of business, and for the manufacture of such articles, as, in their judgment, will best accomplish that end, and subserve the interests of the State, which letting and hiring shall be as follows:

First-The letting shall be advertised by the Warden in two of the daily newspapers published in San Francisco, and one in each of the Cities of San José and Sacramento, once a week, for at least four weeks, and by such further notice as the Board may direct. The advertisement shall specify the number of men to be let; the length of time,

which shall not exceed four years, and the last day on which Contracts, bids will be received.

Second-The Board may, in their discretion, designate what articles or class of articles shall be manufactured.

Third-Each bidder may separately state in his bid what he will give for the labor bid for, with or without the exclusive right to manufacture the articles specified.

Fourth-Each bid shall specify each article proposed to be manufactured, and the number of square feet of shop-room which will be required.

Fifth-Each bid shall be unconditional.

Sixth-The price per day for each convict shall be specified; and if a different price per day is stated for different periods of time, each period and its price must be as stated, and one may be accepted and the other rejected, or the Board may, in its discretion, reject all the bids and readvertise the labor; provided, that no labor be let for use in any mechanical department at a less rate than fifty cents per day; and provided further, that all labor to be otherwise employed, with the exception of that of minors under eighteen years of age, females, and cripples, or those disabled by old age or disease, shall not be let less than fifty cents per day.

Seventh-If the person bidding desires to manufacture different classes of articles, the labor to be employed on each class must be bid for separately.

Eighth-Each bid must be accompanied by a bond, with sureties to the satisfaction of the Board, that the bidder will comply with the terms of his bid, if it is accepted, sealed and addressed to the Warden.

Ninth-The bids shall be opened by the Board at their next meeting, whether monthly or quarterly, after the last day specified for receiving the bids, and the labor shall be awarded to the highest bidder or bidders, subject to the following regulations: (a) As between bids which are for substantially the same price, the Board may, in its discretion, give a preference to the one which, in their judgment, will best promote the interests of the State. (b) As between bids. by the same party, one with and the other without the exclusive right to manufacture, the Board may accept either. (c) The Board may reject all bids if they are for a less than a fair and reasonable price for the labor bid for, nor shall the Board be required, in any case, to apportion the labor advertised among the bidders. (d) Any bid may be rejected if it is against the interests of the State, or the welfare of the convicts, that the articles specified should be manufactured in the prison.

Tenth-Where a bid is accepted, and labor is awarded to the bidder, the Directors, on the part of the State, shall require of him a bond, to be approved of by them, conditional for the faithful performance of the contract. Said bond shall be deposited and remain with the Clerk for inspection during the time of the advertisement.

Eleventh-The Board may give to a bidder, after he shall have entered into a contract, a reasonable time to procure

how let.

Payments by

machinery and make preparations for manufacturing, not exceeding sixty days from the acceptance of the bid.

Twelfth-If a contract is made for the exclusive right of manufacturing the article therein named, all contracts made subsequently by the same party, covering the same period of time, and for the manufacture of the same articles, or any of them, shall terminate at the same time with the first contract. Thirteenth-If any contractor shall not manufacture one or more of the class of articles specified in his contract, the Board may give him three months' notice to manufacture them, and on failure of the contractor to do so within that period, the right to manufacture them shall cease and determine.

SEC. 22. On or before the fifth week-day of each month, contractors. the Clerk shall make out, and the Warden certify to and deliver to the Auditor of State, a statement of the amount due from each contractor for the preceding calendar month, and within five days thereafter each contractor shall, in the ordinary mode prescribed by law, pay the amount due into the treasury.

Work by

employed

under

contracts.

SEC. 23. All convicts not employed on contracts, as proprisoners not vided in this Act, may be employed by authority of the Directors, under charge of the Warden and such skilled foremen as the Directors may deem necessary, in the performance of work for the State, or in the manufacture of any article or articles which, in the opinion of the Directors, will inure to the best interests of the convicts and State; provided, that among the articles of furniture to be manufac tured by prison labor, there shall be a sufficient amount of school-house furniture to supply the State. And the said Board are hereby authorized to purchase, from time to time, such tools, machinery, and materials, and to employ such skilled foremen as may be necessary to carry out the provisions of this section, and to dispose of the articles manufactured and not needed by the State, at public auction, either at the prison, or in the City and County of San Francisco, after having first given notice of such sale by advertising the time and place thereof, together with a list of the articles to be sold, in ten consecutive issues of three daily newspapers, published in the English language, in said City and County of San Francisco. The money received from the sale of any and all articles so sold shall be by said Directors paid into the State treasury, to the credit of the State Prison Fund, to be used in the maintenance and support of said State Prison. SEC. 24. The Warden, under the direction of the Board, may employ a portion of the convicts in the manufacture and repair of any articles used by the State in carrying on the prison; he may also procure machinery and prepare shop-room for that purpose, and employ such persons as may be necessary to instruct the convicts in such manufacture. If such persons are employed, the terms of employment shall be fixed and determined by the Board.

Proceeds, how used.

Warden may employ parties not convicts.

SEC. 25. No work, labor, or service shall be performed by a convict, within the prison, except as herein provided for, unless it is expressly authorized by the Board.

of prisoners.

SEC. 26. In the treatment of the prisoners, the following Treatment general rules shall be observed: Each convict shall be provided with a bed of straw, or other suitable material, and sufficient covering of garments of coarse material, and with sufficient plain and wholesome food in such variety as will be most conducive to good health.

Second-If any prisoner is sentenced to solitary confinement, the sentence shall be executed, subject to the right of the Board to modify it so far as may be necessary to prevent any serious injury to health. No unnecessary labor shall be required of any convict on Sunday.

Third-No punishment shall be inflicted except by the order and under the direction of the Warden.

Fourth-All money in possession of a prisoner, when he is delivered at the prison, shall be properly entered on the Clerk's book, and if not otherwise disposed of by the prisoner, shall be deposited in the treasury by the Warden, with other funds in his hands.

Fifth-The rules and regulations prescribing the duties and obligations of prisoners shall be printed and hung up in each cell and shop.

Sixth-Each convict, when he leaves the prison, shall be supplied with a suit of citizen's clothes, with the money taken from him when he entered, and which has not been disposed of by his order, together with what he may have earned by good conduct and diligent labor.

Before discharging any convict who may be insane, or a Insane lunatic, at the time of the expiration of his sentence, the convicts. Warden shall first give notice in writing to the Probate Judge of the county in which the State Prison is located, of the fact of such insanity or lunacy; whereupon, said Judge shall forthwith issue his warrant to the Sheriff of such county, commanding him to remove such insane or lunatic convict and take him before said Judge. Upon the receipt of such warrant, it shall be the duty of said Sheriff to whom it is directed, to execute and return the same forthwith to the Probate Judge by whom it was issued, and thereupon the said Probate Judge shall immediately order such insane or lunatic person to be confined and provided for as directed by section (2218) twenty-two hundred and eighteen of the Political Code; the Sheriff shall receive the same compensation as for transferring a prisoner to the State Prison, and the State Controller shall draw a warrant on the State Treasurer for the amount. If any such Probate Judge, after having been so notified by the Warden, shall neglect to issue his warrrant as herein provided, or any such Sheriff shall neglect to remove such insane or lunatic convict, as required by the provisions of this section, it shall be the duty of the Warden to cause such insane or lunatic convict to be removed before the County Judge of the county in which the prison is located, in charge of an officer of the prison, or some other suitable person, and the cost of such removal shall be paid out of the State treasury in the same manner as when removed by the Sheriff as herein provided.