[1865, p. 124. In force March 6, 1865.] 2762. Application for admission. 1. Whenever application is made for the admission of any blind or deaf-mute person into the State Institution for the Education of the Blind, or that for the Deaf and Dumb, or the Hospital for the Insane, as a beneficiary of the privileges thereof, such application shall be accompanied by the certificate of a Justice of the Peace, that such person is a legal resident of the county of the State of Indiana in which it is claimed that he or she resides.

2763. Clothing and traveling expenses. 2. When such person shall, upon proper application, be admitted as a pupil of either of the institutions named, it shall be the duty of his parents, guardians, or other friends to suitably provide him with clothing at the time of his entrance into the school, and during his continuance therein; also to defray his traveling expenses to and from the institution, not only at the time of his first entrance and final departure, but at any other time when it shall become necessary for him to leave or return to the school.

2764. When State provides. 3. In all cases where suitable clothing, and means for defraying traveling expenses are not otherwise supplied to the pupils of said institutions, the same shall be provided by the respective superintendents thereof, who shall make out and file with the Treasurer of State, accounts therefor, separate in each case, against the respective counties from which such pupils are sent, in an amount not exceeding forty dollars per annum for every such pupil; which accounts shall be severally signed by the proper superintendent, and attested by the seal of the institution under his charge; and the Treasurer of State shall charge each account, thus certified, to the county from which the pupil named therein was sent, and credit the amount to the current expense fund of the proper institution. 2765. Re-imbursement by county. 4. The Treasurer of State shall forward each account, so filed with him, to the Treasurer of the proper county, who shall cause it to be paid out of the county treasury to the Treasurer of State; and such County Treasurer shall, in the name of the county, and by suit, if necessary, collect the amount of such account from the parents or estate of such pupil, as the case may be, where there is ability to pay: Provided, That at least three hundred dollars of the property of such parents shall be exempt from the payment of such account.

2766. Funeral expenses. 5. In case of the death of any pupil at either of the institutions aforesaid, whose funeral expenses are not otherwise provided for, an account therefor shall be made out, attested, and collected in like manner as provided in the preceding sections.

2767. Removal and expense. 6. Whenever it shall be deemed necessary by the proper officers of either of the said institutions, in accordance with the by-laws and regulations thereof, to have any pupil removed, either temporarily, on account of ill-health or the vacation of the school, or permanently on account of having completed his course of instruction or been found disqualified from any cause for a longer continuance in the

1

school, the parents or guardians of such pupil, if he have any, shall promptly remove him upon the requirement of said oflicers; and in case he shall not be thus provided for, it shall be the duty of the superintendent of such institution to cause him to be so removed and delivered to the trustee of the township where he resided before coming to said institution; and the expense of such removal shall be refunded to each [such] institution, in the same manner as provided in sections three and four [§§ 2764 and 2765]; and the County Treasurer shall charge the same to the proper township, and collect it in the manner as provided in aforesaid sections.

2773. Statement of unpaid orders.

2774. Superintendent and subordinates.

2775. Purchase of supplies.

2776. Expenses-Report-Nepotism

den.

2777. Unexpended balances.

2778. Salaries.

2779. Restrictions on officers.

2780. Penalty.

2781. Borrowing forbidden.

2782a. Governor to appoint officers.

2782. Penalty.

2782b. Terms.

SEC.

2782c. Removal.

2782d. Repealing clause.

2782e. Public grounds-Railroad right of

2782f.

way.

Sewers.

2782g. Purchase or lease of grounds.

2782h. Condemnation of lands.

27821. Cost of Proceedings.

2782j. Purchase.

2782k. Organization-Officers.

27821. Medical superintendent.

2782m. Trustees' meeting.

2782n. Supplies-How furnished.

27820. Accounts-How audited.

2782p. Interest of trustees in sales to.

2782q. Record-Bookkeeping.

2782r. Superintendent's report.

2782s. Annual report.

forbid- 2782t. Rules and regulations.

2782u. Reports.

2782v. Medical superintendent.

2782w. Discharge of patients.

2782x. Repealing clause.

2782y. Orphans' home-Children admitted.

2782z. Guardianship and adoption.

2782aa. Support and education.

27825b. Transfer of.

2782cc. Enticing child away.

[1897 S., p. 157. In force March 5, 1897.]

1. That the office of

2768. Board of trustees - How chosen. Trustee and the Board of Control of the Central Hospital for the Insane, for the Northern Hospital for the Insane, for the Southern Hospital for the Insane, for the Eastern Hospital for the Insane, the Indiana Institution for the Education of the Blind, and the Institution for the Education of the Deaf and Dumb, is hereby abolished, and all persons holding any office and being a member of the Board of Control of any or all of said institutions, are hereby removed, and the Board of Control of and for each of all said institutions is hereby abolished. And the control, government, management and general supervision of such institutions is hereby vested in a Board of Trustees for each of said institutions, consisting of three members, and the persons appointed as such members, at the time of their appointment, shall be men of known fitness, probity and high character. The Governor shall appoint eighteen persons as such Trustees, all of whom shall be men of good moral character, and of good business qualifications, and not more than twelve of whom shall belong to the same political party, and in making such appointment the Governor shall designate in the certificate of appointment the institution for which such person is appointed, and the

time such appointee shall serve, and not more than two persons for each Board of Trustees for such institutions shall belong to the same political party. One of said members for each of said Boards of Trustees for such institutions, shall be appointed to hold office until the first day of January, 1898; one of said members so appointed for each of said Boards of Trustees for said institutions shall hold office until the first day of January, 1899; and one of said members appointed for each of said Boards of Trustees, shall hold office until the first day of January, 1900, and thereafter all respective appointments of such members of said Boards of Trustees shall be for three years, and until their successors are appointed and qualified; and the Governor may at any time, for any cause he may deem sufficient, remove from office any one or all of said Trustees and appoint his or their successor or successors.

2769. Vacancies. 2. The Governor shall fill any vacancy occurring in any of the Boards of Trustees for such institutions, and shall appoint all successors as provided for in this act, and such appointments to fill such vacancies, and as the successor of those whose terms expire, shall be so made that such Boards of Trustees shall always be constituted by not more than two members from one political party.

2769a. Eligibility. 3. No person shall be eligible to be appointed a member of any of the Boards of Trustees provided for in this act, who is a contractor with either of the said institutions, or who is interested either directly or indirectly in furnishing any of the supplies for any of said institutions, and if any person appointed under the provisions of this act, shall become so interested during his term of office in any such manner, such interest shall vacate his office, and his successor shall immediately be appointed as hereinbefore provided, to fill his unexpired term.

2769b. Appointment - When made. 4. The Governor shall make such appointment within thirty days from the taking effect of this act and such members of said Boards of Trustees so selected shall on the acceptance of such office qualify the same as the law now requires of the Trustees of said several institutions.

2769c. Laws governing board. 5. Such several Boards of Trustees shall, when organized conform to all the laws now in force pertaining and relating to such institutions, not in conflict herewith, in so far as they are applicable.

2769d. Compensation. 6. Said persons so appointed upon said Boards of Trustees shall serve without any compensation, save and except their necessary traveling expenses and other expenses while engaged in performing their duties under this act, which expenses shall be paid, as other expenses of said institutions, quarterly.

2769e. Employment of officers. 7. Said Boards of Trustees shall in the employment of Superintendents, and confirmation of assistants and other employes, take into consideration only the qualifications and fitness of the persons selected to fill such places, and no person shall be selected or employed to fill any such positions on account of his political belief or affiliations, and no Superintendent, assistant, or employe shall be dismissed from service on account of his political belief, faith or affiliations, and in the employment or dismissal of such Superintendent, assistant or employe, the qualifications, character, merit and fitness

shall be the only matters to be considered by such Board of Trustees in the selection or retention of such employes.

NOTE. This act supersedes §§ 2768 to 2769e, Horner's R. S. of 1896, being 1895 S., p. 300.

Election by general assembly - Vacancy. The effect of the constitutional provision, section 225, adds an additional contingent and defeasible term to the original fixed term of an officer and excludes the possibility of a vacancy and, consequently, the power of appointment, except in case of death, resignation, ineligibility and the like. When it is provided that officers chosen for a given term are entitled to hold over until their successors are elected and qualified, the section applies to officers elected by the general assembly, or other organized body, equally as to those elected by the people at large, and the right to hold over continues until a qualified successor has been elected by the electoral body to which the incumbent owes his election or which, by law, is entitled to elect a successor. So, where by this section relating to the management of the benevolent institutions of the state, provision was made for the election, by the general assembly, of a president of the several boards of trustees whose term of office should be four years, and that if a vacancy should occur in such office during the recess of the legislature, the governor should appoint, the appointment to stand until the next session, and the term of the officer elected in 1883 expired during the legislative session of 1887, but the body adjourned without electing a successor, it was held that under section 225 the incumbent became entitled to hold over and, there being no vacancy, an appointment by the governor was without effect. -State ex rel. v. Harrison, 113-441.

[1901 S., p. 75. Approved March 1, 1901.]

2769f. Nonpartisan visiting board. 1. That the Governor of the State shall, within ten days after each general November election, appoint a committee, to be composed of three members-elect of the General Assembly. Not more than two members of said committee shall be selected from any one political party, one member of which committee shall be from the Senate and two from the House.

This act repeals section 2769f. Horner's R. S. 1897, providing for a non-partisan visiting board. Also 1899 amendment thereto. 1899, S. p. 4.

2769g. Duty of committee. 2. It shall be the duty of this committee to visit and fully investigate the penal, benevolent, reformatory, educational and all other State institutions, boards, societies and commissions and offices to which any appropriation has been made by the Legislature at its last preceding session, before the convening of the General Assembly next succeeding such general election, and prepare and submit to the said Legislature a report of such investigation, with the amount of appropriation which such committee deems absolutely necessary to meet the wants of each of said institutions and offices, with such other recommendations as the committee deems wise. Such investigation shall occupy a period of not exceeding forty-five days. Such committee shall be composed of men of known probity and business ability. No person shall be eligible to membership on said committee who shall be interested financially, directly or indirectly, in any of such proposed appropriations. The pay of such committee shall be three dollars per diem each and all traveling and hotel expenses. They shall have authority to employ a clerk, and shall with their report file such tables and other information respecting said institutions and offices as they shall deem proper. The Auditor of State is hereby authorized and directed to draw his warrant upon the Treasurer of State for the per diem and expenses of said committee and the compensation of such clerk upon vouchers duly presented and approved by the chairman of such committee, and the Treasurer of State shall pay such warrants when presented out of any moneys in the treasury not otherwise appropriated. The above provision for the payment of per diem, expenses and clerk hire shall apply to the committee of this General Assembly heretofore appointed by Governor James A. Mount, under the acts referred to in the next succeeding section, and the Auditor of State shall

draw his warrant, and the Treasurer of State shall pay the same for such per diem and expenses.

[1895 S., p. 299. In force March 11, 1895.] 2769h. Benevolent institution fund. 2. There shall be in the year 1895, and annually thereafter assessed and collected, as other taxes are assessed and collected, the sum of five cents on each one hundred dollars' worth of taxable property in the State, which money, when collected, shall be paid into the State treasury and shall be kept and known as the "Benevolent Institution Fund," and shall be used for the support of the benevolent and reformatory institutions of the State: Provided, That whenever there shall be a credit to said "Benevo lent Institution Fund," as the result of the tax in this section provided for, or from any such tax heretofore levied and collected, the auditor of State is authorized and empowered to charge to such fund and transfer and credit to the general fund any sum or sums that may have been heretofore, or that may hereafter be paid out of the general fund for the use and benefit of said benevolent institutions.

[1899 S., p. 187. Approved February 27, 1899.]

27691. Boards report to governor. 1. That the respective Boards

of Trustees, Boards of Control, and Boards of Managers of the benevolent, penal and reformatory institutions of the State, including the Indiana State Soldiers' Home, shall on the thirtieth day of April and the thirty-first day of October of each year, make a report in detail to the Governor of the State, of all earnings, receipts from sale of products or labor and from all sources whatever, except appropriations from the State, for the semi-annual period ending on such thirtieth day of April and thirty-first day of October of each year.

2769j. Money paid into state treasury. 2. At the time of filing the report required by Section one of this act such Board of Trustees, Board of Control, or Board of Managers, shall pay into the State Treasury all moneys received by them, or either of them during such semi-annual period as shown by such report: Provided, That no bequests received by said Board of Trustees and no pension money that has been received or may hereafter be received by the inmates of the State Soldiers' Home, and by them paid to the Board of Trustees of said State Soldiers' Home, shall be included in said report, or paid into the State Treasury. But said pension money and any such bequests shall remain under the control of said Board of Trustees of said State Soldiers' Home, and to be used for the exclusive use of said home under the rules and regulations governing said home. And they shall not draw any money from the State Treasury while they refuse to comply with this act. [As amended 1901 S., p. 37. In force February 26, 1901.

[1879 S., p. 4. In force March 6, 1879.]

2770. Bond and oath. 3. The said trustees and the president shall, each, before entering upon the duties of office, give a bond payable to the State of Indiana in such sum as the Governor may require, and shall take an oath to faithfully discharge their several duties as such officers. The said officers, first appointed, shall give such bond and take such oath within ten days after their appointment, and shall thereupon enter on the discharge of the duties of their office. The boards shall organize by the selection of one member as treasurer and one as secretary, and the president of the boards shall be the president of each board respectively. As soon as the boards, or either of them, are organized, the boards of trustees and the board of commissioners, now severally having charge of the said institutions, shall deliver and surrender to the proper boards created by this Act, all books, papers, moneys, and property, of whatever kind or nature, belonging to or connected with said institutions, or belonging to the State and under their charge or control; and they shall, in like manner, surrender and deliver up to said new boards the care, custody, and management of the said institutions and all the affairs thereof. And the superintendents or managers of the said institutions, and the subordinate teachers, physicians, and employees thereof, shall, thereafter, hold their positions and perform their duties