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Publication No. 25 October, 1923 
 
 STATE OF OHIO 
 THE DEPARTMENT OF PUBLIC WELFARE 
 
 LAW BULLETIN 
 
 Laws Relating to Benevolent, 
 
 Correctional and Penal Institutions, Departments 
 
 and Officials and Kindred Subjects 
 
 =< PRINTED ¢ 
 THE OHIO STA TE REFORMATORY 
 MANSFIELD OHIO 
 
 JOHN E. HARPER, Director 
 
a 
 + 
 
Publication No. 25 October, 1923 
 
 | STATE OF OHIO 
 DEPARTMENT OF PUBLIC WELFARE 
 
 LAWS RELATING TO BENEVOLENT, CORRECTIONAL, AND 
 PENAL INSTITUTIONS, AND KINDRED SUBJECTS 
 
 This Bulletin is devoted to a compendium of the laws contained in 
 the General Code pertaining to Benevolent, Correctional and Penal 
 Institutions, the governing officials and to other closely related subjects. 
 This does not comprise all the laws upon the subjects treated, but a care- 
 ful selection has been made of such sections as seem to be most valuable 
 and of general concern. 
 
 The introductory phrases printed in bold face type at the beginning 
 of each section are not a part of the law, but simply serve as reference 
 guides to the subject matter. Under each section of the General Code 
 reference is made to the volume and page of the Annual Session Laws. 
 For example, “97 v. 535” refers to a law appearing on page 535 of vol- 
 ume 97 of the acts of the General Assembly. By referring to the table 
 
 given below we find that volume 97 contains the laws enacted at the 
 session held in the year 1904. 
 
 A topical reference index precedes the subject matter. Excerpt from 
 Opinions of the Attorney General and court citations, arranged accord- 
 ing to General Code sections, will be found on the final pages of the 
 Bulletin. All sections are printed in numerical order. It is therefore 
 essential that the topical index be used as a means of.reference to all 
 laws bearing on the subject in mind. 
 
 OHIO SESSION LAWS 
 (Since 1850) 
 
 Volume Year Volume Year 
 SES et eer eatce iat cices eis Baik 1850 Seat eee d eee im ee ete 1859 
 AG). ESRI ce tee ene 1851 Sie ls See eee ee eee eae 1860 
 UMN On ates caret. 5 soar avece 1852 BS en eeioh ike ccce ei cueet cnete 1861 
 UN, CSG ee A 5 ae 1853 BO ay Has oie, weet eka anioo salen 1862 
 SVS on Sok OR AO a a a a 1854 Oa ee ese SiGe ia winters ete 1863 
 RRChMEMPRR IEC ed Werntey gut hoes hare re ets oe 1856 Grebe, ve cleunsecoryeracsnel sts 61% a6 1864 
 A itera AG ae ates ue bine 1857 cS DORA Ch ea Pee eae 1865 
 SUS 2 See 1858 Ge rete ae cai heter hen ava.ces ait 1866 
 
 3 
 
4 DEPARTMENT OF PUBLIC WELFARE 
 
 Volume Year Volume Year 
 aie ek Dts Bes toloee eee 1867 BS" Adiss abn s es hee eel nee 1891 
 RPE per eg wi cove ony eres SeuCer ane 1868 SL en Seer Mee micnnc aio Piet & 1892 
 AG ota dit a ce eics Css les Se 1869 OD on datas tens Osea ee eee 1893 
 Cert erete re avenereie > eulioreie toc Re peice 1870 oT es GH ta SA SACHS 1894 
 Cate ico rere Aaa A ese ear SCHON 1871 QD noc og tite sence Suet otelts to eee ep Mee 1896 
 GOB Get ee. chee ieee oy ovalniore ete 1872 OS Laielvie siete eteiade 6 oleate ae 1898 
 AT En ee -cravne tetas bose ae Arsiscotetetay a 1873 1) Cee es Som rin poi cin ae 1900 
 TELS Crags trorasuiState ate votevonwbate ohelye 1874 OG t hi@ Siatlad 2 cores 1902 
 VOLES SSSR OR cto 1875 OG) wade ek ee 1902 
 18S see Pe ae OR eh EO che 1876 Os 28 cuncentue ev ivtenee eas eines tees 1904 
 Mn Males lle tha tic BOSS ean eee 1877 OB. soe: ia Bink mba Bp ne ee 1906 
 [3 Ne pe LE PIE rd tk A eee 1878 i eee ere ee 1908 
 hE Neen ee ee ee en ee 1879" “100-  guk.c. we eon ee 1909 
 Ud Mee So eae Be el eval os iene ste eestor W880) LOL s as.o ao oe boo route eee 1910 
 ne abe a Av ache Saw ae ekeat tak pote Rae ARE a Se ARs O34 5 1911 
 ee eva ets: axnlete te teotes tks te evn L882 103) his cusses cide nee Cee 1913 
 eR abe Ag eae Om Asoo TB88.° LOR wna. dane uns a8 ce eee 1914 
 Po ae rae nasi ehaxaate se aie haearae i aele T1384. LOD: :s cucvne ere eee ie ee ere 1914 
 a ara eels «5554 as te ee SSD! LOG oii ae cndeke. cs ieee eee 1915 
 Sod obnah ee Raye asda chrrectatenn Bes ce LSS6° LOT o.50 keen a eee eee 1917 
 SAE Sar crtceen cet teeit tora Reese ea 188%. TOS, PE Diskavieenc eee 1919 
 PEGs cue. caeue © pt aweeee L688. CLO8RGAL ob. cies eee 1919-20 
 Sek « pidic Va yew ag die ete LBSD © LOB: os satis tae batons ee ee 1921 
 
LAW BULLETIN 5 
 TOPICAL REFERENCE TO SECTIONS OF THE GENERAL CODE 
 
 Pertaining to Benevolent, Correctional, and Penal Institutions 
 under Control of the Department of Public Welfare 
 
 General 
 Code Section 
 Abduction, State wards (See Escapes) (97 v. 306) .............. 12426 
 Accident, to inmates, report of (102 v. 211) .......ccccccccccecs 1860 
 Accounts (See Financial) 
 Admissions (See individual institutions) (99 v. 323; 103 
 aOR LEGS COS Naoki. arin c cae she ah. os kid ha kee eo 1817-1820; 1841 
 Pararmrervative Goue (109 “vy: 108)... eis. vecccscsccve dass 154-1-154-58 
 Adoption of minor child (109 v. 117-180; 94 v. 219)........... 80238-8035 
 CET Rie 0 06 Fer are eee 2316-2317 
 ae CARRE E Lira era eR tal gte 'e Gisrigy se Ba o'w ia wees Bk whe wiedense 6251-6255 
 PETMREE TORIG CAL OCW LOD). 6 acre dvs <0 sie caincele 'as.0 Scie ous Haures €e 8023 
 Aged and indigent women, homes for (75 v. 14)............ee00e- 10189 
 
 Antitoxin, distribution of to superintendents of State institu- 
 tions for cure and prevention of diphtheria (106 v. 23)...1239-1-2 
 
 Indigent patients; physician may apply to health commis- 
 BIGteCErO PAOLO CSPI) oe ells carck ee Wk TWh hus ae eae 2500-2501 
 
 manArey LOrTeulliver C100 Vo OS) ticks oe 4 scm cies ka kaneis aed eee 13421-1 
 
 Appropriations; (See Financial Transactions) 
 
 Detail of amounts needed to be presented to Department 
 CHIL A VL eat Ia a a oe Sn eg a SP, Ce ar es 1865 
 
 Budget estimates shall be filed with Director of Finance 154-33-34-35 
 
 Certificate of balance necessary before contract let 
 MEO UN MRD tT) deus coenade sc Shc Seer Ni Gl on eres pe ccaetaeancnand yeaah 2288-2 
 
 Controlling Board; authority as to (See current appropri- 
 ation bills) 
 
 Lapse of unexpended balances; provision for reappropriation 
 
 PARR at EGET Dla Sc hapten Ale St OS cit a; 8 41m, sii Saab eceeae Olas xroeewe 260-2-3 
 
 Manu lactirin® Pn A LOG oe; 11 GR) ss cies kcoccias bate paie araapers’ es 1866 
 
 PUNOrICN, «mites CLO Yo Pt: she OSL) <4... o5 x bined ce sake nae ee 270-6 
 
 Saree Ma PECTIN CLOG PR OUP Yoon ches ade rave dail eee weed Kates olavalee o * 
 Arrest and return of fugitives (See Escapes) (97 v. 307)......... 1831 
 Attendance at interstate and national conventions or 
 
 associations. (1024221 +106 v.88): ieee Sie f 1869; 2313-3 
 Attorney General; legal advice to state officers and depart- 
 
 SUTURE RL Maes OS) be eneree ots ei. ix, ates, OR cake @ viv wee wie 333-349 
 Srmmtarar -OLdceedinwe (110 <v.G0T) si. « aiicas Macca ceeceaeses 12110-12134 
 Pn fOr Che tte, CLOG V. DLT) sc ss.n0 cs des cesiad es dan geveenss 780-786 
 Blind; enumeration by county auditor to State Auditor (58 v. 40). .2606 
 
 meuet (108 vy. 833% 204 v. 200) 2. 6.. cccdan 1369-1-9; 2967-2-3-4; 2968 
 
 pects monouls 16m ( LOg Ayan 6) iis wc wacawin <iare varmlecereine ais 7755-7761-1 
 Blind, Commission for (99 v. 862-864) cco. ccc cde dese eenees 1360-1369 
 
 Part of Department of Public Welfare for administrative 
 
 Hg ea CUP Sg 7 OE ee ele en ee er re 154-58 
 Blindness, prevention of Infantile (106 v. 321) ........... 1248-1 et seq 
 failure to report infant with diseased eyes (91 v. 75)......... 12787 
 
 *Not considered of sufficient permanency to be given a general code number. 
 
6 DEPARTMENT OF PUBLIC WELFARE 
 
 BLIND, STATE SCHOOL FOR— 
 
 General 
 Code Section 
 Admission «(75 .¥. 250): occ sient ok cere cae Where re 1884-1885 
 of noneresidents (75 v. TBO) Xk. acs sie eee 1888 
 of former pupils (75 v. 150) ......0cceccecccecesveeness 1887 
 by commitment (109 v. 393) .....c.ccccseecvanaascusece 7780 
 Books may be purchased (75 v. 150) ......0.-scersesensseene 1889 
 Education; provision for; may appoint readers (103 v. 474) . .1885-1 
 Support of pupils (101 v. 157) (106 v. 503) ............. 1815-1816 
 Trades; persons received to learn (75 v. 150)............000- 1886 
 Boiler Inspection (103 v.650-661)° 2... cack sanamn ses eee wane 1058-19-28 
 Bonds; elective and appointive state officers (110 v. 128; 
 TOS Ve LOB) 6s see Saw nls carne Grate, ae eee ee 6; 154-14 
 Eniployees. (106'v, 27) (109 ve LOB) 2 wes sene eee oiree 1855; 154-14 
 Books, papers, etc., belonging to the state shall be preserved 
 CLO8 VoOZEB) «03 ews antag les ede 6 baea rete ee eee en 1813-1843 
 BOYS’ INDUSTRIAL SCHOOL— 
 Accounts (See Financial Transactions) 
 Admissions to; by coramitmients (L092 bs accrrierk rartoner eran 2084 
 for industrial. training (09 vy. 624) a... cen seen eeeeee 2084-1 
 Apprenticed, inmates may be (108"v. S79). 11.460 -0ne eee 2088 
 Gommitment: (1109 vy B28). yy.ies5! ass eee eae Oe eee ee 2083 
 delinquent child (103-ve STi <a. ea eee 1652-1653 
 restrictions as to; age limitations (103 v. 878).......... 1653-1 
 on probation (110, 1105 99-0, 289)) 2. us 13706; 18707; 18711 
 Of convicts (B3.cve. 6). <u a:4 s span ieea eee ee ee ee 2085 
 Control, leave of absence, discharge (109 v. 523) ..2083; 2084-2; 2091 
 Chaplain shall be appointed (108 v. 880) ......scceveveecces 2089-1 
 Edueation of inmates. (85 ‘vi. 7)" 2 .¢.on4acecsas eee eee 2094 
 Employes, shall work with inmates (75 v. 60)........eeeeeeee 2097 
 Escapes, capture and return of (97 v. 307) ......ceccecceeces 1831 
 time absent shall not be credited as part of sentence 
 (76 -¥. 98). ..cwauis bs sae cee cee ee 13705 
 enticing to, harboring, etc. (97 v. 807) .......<e.- 12838-12839 
 Industries, Dept. of Public Welfare may assign (102 v. 211)... 1845 
 Object of (109 v. 528). 26.5.5 Sin be Sec 2083 
 Paroles; rules and regulations (109 v. B28) s).2ouae ad aioeiee 2091 
 meetings for consideration of 2) ju bon bce 1837 
 return from (108 ¥.880). «i oesuvic- one oe ee ee 2092 
 Parole officers, shall be appointed +(108: 7,876) iw aoa eee 1674 
 Balaries (90-v) 641). Vidco oe oes ado en ee ne eee 2215 
 Roads; institution made a special district, (88-y, 6) 14... 298s. 2100 
 
 Record Clerk; appointment and duties of (103 v. 879-880) . .2089-2090 
 
 Support of inmates; maintenance (101 v. LST 2a wes anette 1815 
 
 clothing and incidentals (106 v. BOB) pane vues ei ke 1816 
 
 Sale of power; proceeds (103 v. B81) 1 Ghat 5 paleo ak eee 2099 
 
 = enema right of way:to (190:v)268)",.75.0.0 eee “ 
 ransfers; from or to penitenti 
 
 ete. (108 45 BRD}, aaa ena oe ee eee 2095 
 
 a to reformatory (108 v; 8B0)cu.14-.4 ,cusaueees a eee 2096 
 
 aon : ; 
 Not considered of sufficient permanency to be given a general code number. 
 
LAW BULLETIN 7 
 
 _ General 
 Code Section 
 
 Budget system (109 v. 114) (See Financial Transactions) . . .154-33-34-35 
 
 Bureau of Juvenile Research; establishment of (103 v. 175)...... 1841-2 
 Assignment of children to by Dept. of Welfare, disposition 
 Pe CC tEeC POPU A EO ce Nl PED 4 ace arena a 41s ob nH POR ¥ Oe 184143 
 May receive minors for observation (103 v. 176)............ 1841-5 
 expenses, 1668. and Coste. (10s Vo LPG) vcinswacavctevas ee. 1841-6 
 Burial expenses of inmates; if pauper, how paid (103 v. 58)....... 3496 
 how medical college may receive bodies (93 v. 84)........ 9984-9989 
 refusal to deliver body; detention of (93 v. 84)........ 12689; 12692 
 Butter and cheese purchased for institutions must be made 
 wholly from pure milk or cream, etc. (83 v. 178)......... 12754 
 Certain kinds of business prohibited near institutiohs 
 tm CLC) Mtr ateals WeeRNaNE Na ANA gah Dyara.tel lay Goa 2 GAR Abate: AeA 6 ean 1810-1812 
 _ CHARITIES, DIVISION OF; duties; employment of visitors 
 ee EEL ONL Re nou oe Cy a Sas Galo ea kites vee ere ak 1352 
 AETV NE A COW EEA hii eb cion oie a eee Lae Ace Lae 6 6 1358 
 Child placing institutions to be approved (110 v. 266)....... 1352-13 
 advertising for adoption of children prohibited 
 PEL Rue AOE Pra ens y Oi 7 tate oie ws vale em © ake eae 1352-14 
 penalty for violation of child-placing laws (110 v. 267) ..12789-1 
 Examination of institutions; certificate (103 v. 865)......... 1852-1 
 certificate required before filing articles of incorpora- 
 TEESE ere ANG Ey ae ta hcg oar a, Oa hah eeu ey CSN 1352-2 
 Definition of “institution” and “association” (108 v. Pt. 
 LOG ier cern Sette ae eee ww a cdien LR yo im RTO Dy Wk do 1352-6 
 Investigation of benevolent or correctional state institutions, 
 BOvOrnOr May Order (LOSI WISGR) cs. cerca s seis eiriseew ed WRle ta 1354 
 Mri ARDENT eaters aerate ithe > alsin ds wk aux, a kena Bids WaIe ak 1355 
 Placing of child in institution or family home by parent 
 Chg ie cfr gl Gig A Biv aur: OVS) 7 Ae 9 eh een ee 1352-12 
 
 Plans for construction of county children’s homes shall 
 be submitted to Div. of Charities for approval (85 v. 220).. 2351 
 
 Public hater plans must be submitted to Division 
 et rarae ER re erie RB re he Wins aie. « ae hele See Lae s. © 1353 
 
 Receipts to be credited to appropriation (108 v. Pt. II. 1159) . .1352-7 
 Special Agents may be appointed to serve without compensa- 
 
 THON pmeredenGalce( Hsu veto. GLO) es. susan oes oc basce «as 1359 
 Wards, crippled children; treatment; application by 
 A VeNuenGOUr tat OUG mu WAGs) mame crane ick a ie Sure ce, dese 1352-8 
 expenses of care and treatment; supervision (109 v. 362) 1352-9 
 oT EST CON BIL) 9S eno (73 9) ae, a Sr 1352-10 
 Lornithatonsotmcontracts (lOS ive Bie ie 136) 22... . 66. os 1352-11 
 Dependent and neglected children; placement; 
 eee anit LU We Go he DEOO Vi gales & oxeains saccen cea 1352-3 
 
 expenses, for traveling, board and treatment (109 v. 362) 1352-4 
 delinquent children; placement; maintenance 
 
 ere he SL i er aac wink bmn p waders ews 1352-5 
 
 Welfare conference may be called by Division (108 v. Pt. I. 427) 1356 
 expenses of officers attending (109 v. 54) ................ 1357 
 Children’s Homes; county (103 v. 89; 109 v. 553) ............ 3070-3108 
 semi-public and district homes (103 v. 893)........ 3108-1-3126 
 
 municipal (103 v. 895; 638 v. 51) ........ pear Sei 4 4083-4088 
 
8 DEPARTMENT OF PUBLIC WELFARE 
 
 General 
 
 Code Section 
 
 Neglect to pay for support of child in (99 v. 228) ...........- 13012 
 Education of inmates ‘of - (107 WoG1) cs oc bs ea oes 7676-7681 
 Civil’ Service “CLOG 1; S00ATO ) eo ak & winiate: «ae aoe piatere iene ators 486-1-486-31 
 Clemency, Board of; creation (110 v. 327) .......scecceseces 86-89; 90 
 daties (107 We GOO) oes cae 5s oon oe oleulens its erate eee 91-93 
 Clothing, of inmates; how furnished (101 v. 157)...... 1815; 1963; 1964 
 
 purchasing or procuring from inmate, penalty for (97 v. 307) . .12463 
 Commitments (See individual institutions) 
 
 by juvenile courts (109 v. 523; 103 v. 864) .......0.0...; 1652-1653-1 
 of minors to Department of Public Welfare (108 v.175)...... 1841-1 
 by Department of Public Welfare acting as Commission 
 in unacy "Cl03ve1G82)) saree, dons octet mat sietel scene nee een 1841-10 
 Compensation to State prisoners; O. S. R. (103 v. 886) ........... 2138 
 OeAP GOS 2068) ceva lncacea tere ae ain ean aeronvenercee tute valzie ea 2183-1 
 under Manufacturing and Sales (106 v. 199) ............... 1866 
 Conferences, attendance outside State (102 v. 221; ~ 
 LOG V5. ERB). 1 si cuntns nica a cole apenas edna aes bain ae eee eae 1869; 2313-3 
 Ohio Welfare, Div. of Charities may call (108 v. 427)........ 1356 
 expenses in attendance, how paid (109 v. 54)............ 1357 
 
 Construction; contract forms shall be prepared by Attorney General. .344 
 
 Preparation of plans, specifications, etc.; contracts 
 
 for; supervision of work, etc.; Highway Dept. 
 
 succeeds to duties of State Building Commission 
 
 (109 wel IS) ACTOS we Ra): enc ts Ae y coe eee 154-40; 2314-2332 
 Force account (provision for included in current 
 
 appropriation bills) 
 Sanitary Equipment and drainage; plans must have ap- 
 
 proval of State Board of Health (109 v. 127) ........... 1261-2 
 Certificate of balance necessary before contract let 
 (108 ww, B80) yi wastes 4 iret orate ee ee ea 2288-2 
 General provisions, bids, etc. (85 v. 218)..........ee0eeee 2362-2364 
 Bond, conditions; form of (107 v. 642)...........000. 2365-1-2365-4 
 Petialty (85 v7. 222) oc nse rs evo ieee canes ee 2366 
 County Buildings; duties of county commissioners in 
 connection therewith, (97 -v. 172)) <u) ess ous ac ee 2333-2361 
 Contingent fund (102-97 BE9) ;. 0. ues ade eee 1863 
 Contagious diseases; admission of persons with (95 v. 481) ....... 4441 
 Isolation of patients (95 v. 481) ........ccccccceccee 4442-4444 
 Contracts (See Construction) 
 With municipalities for sewer connections (103 5 G58). seen ae 1809-1 
 For lease or purchase of plants for manufacture of 
 road building materials (98 v.178) .......ccceceeeee 2233-2234 
 State employes may not be interested in contract for 
 the: state (940y,S91) ico ce ee 12910-12911 
 Contract labor prohibited (98 y. LTT) ia 8 Guten ee ae ae ee 2228 
 Co-operation; state departments with board and managing 
 officers: (107"v,"490)° 6. Sieve cae en ee 1850 
 Counsel, Attorney General shall act as (OT (Vi. DB) be ee 333 
 County Buildings; duties of Commissioners relating to 
 construction, ett <..+ 213 ebestioes cence 2333-2361; 2419 
 Seneral provisivns 4... <..s suite oan ee ee 2362-2366 
 
 purchase of land for; funds and issuing bond 
 (108 ‘ye. Pt: 68) 2654 ee 2 as 3s tet eek 2333-2334 
 
LAW BULLETIN 9 
 
 General 
 
 Code Section 
 Sere UCM ae MOr CECE LO), «ise dueiaa tA na dee ens 6 % aoe alee Spare 2435 
 sale of bonds to re-build infirmary; temporary buildings 
 
 (iia Ves tie, Loo: OO W205 100 W. IB). cee ces 2436-2438-1 
 
 tax levy (99 v. 205; 66 v. 52; 102 v. 44)...5627; 5629-5642; 2439-2440 
 
 appropriations; sale of real estate; condemnation of 
 RIES CCW ere eT Wires Pag gah atten ielshis wk 2 24k €2%siel 2446-2450 
 
 exempt from taxation (99 v. 449; 106 v. 179; 548)...... 5352-5353-1 
 officer or agent shall not be interested in contract (94 v. 391) ..12910 
 
 County Children’s Homes (See Children’s Homes) 
 County Homes (Infirmaries) ; duties of county commissioners; 
 
 superintendent, salary, bond, duties, admissions...... 2522-2556 
 cuicn) rene! 10F Ininaten (1G V. SOG) fis sc siemd os aac ee cae 2546 
 name changed from county infirmary (108 v. Pt. I. 68)....... 2419-3 
 IG SELON LUG Ie PETROL EL cA, xrn'e't, c.s/<: che ne'’ ke ocak mata ee Eb 3127-3138-2 
 BRO Ie OT FSET OO, WLAN) 2p ole.s-pwtenprayn ialcs toa wie oc Weal ee 3154-3156 
 BeaNR Dare COPIER Roar Gee ee aire tnd Pcs ean 5): teva heay argiiecd 4 hk Ane 3139-3153-7 
 emmuveaie,crection of (107 ¥; 508) is ca law ys ce doe do Oaew ties 2419-2 
 Re eam VEC TIMINONM? fa Ai save 4k ss ches ae stain" A 5 deen sg erate 3157-3178 
 allowance to Sheriff for keeping prisoners (98 v. 255)........ 2850 
 penalty for permitting to become unclean; dealing with 
 PPSOTE ES ce WP UD MEE | aaciacsiihen: Ria Svat tata he wee a ata i ee 12849 
 penalty for depriving accused person of counsel (106 v. 208) 12856-1 
 aE Sot L aarp CY ek (8 Rik cou ¢- 0 Vaan lege teen ee ge ee ar re 12886 
 
 County Visitors, Board of, for inspection of charitable and 
 correctional institutions (103 v. 174 and 888; 98 v. 28) 2971-2976 
 
 RiAvenN Hoar 1<COUrt (1.09 402) id, isis idle 4004s eee ee m wale 7782 
 Surtur weitere Hoard "CLO9 WV. GOS) ve ccc cnc ca wv ecestueneccccacs 3092 
 
 Criminal Insane (See Insane) : 
 Criminal Identification and Investigation, Bureau of; creation 
 
 of; powers and duties (110 v. 7; 109 v. 585)........ 1841-13-1841-21 
 
 Crippled and deformed children, institution for (107 v. 146; 
 Sr earee GS Wi cake aig Oe Sonig-Acapareca: Kea wae RTE Aware 2073-2082 
 
 medical and surgical attention for; education of 
 
 er AG tee bet et hy sisla cae sy Sa aioe mem 1352-4; 1352-8-9 
 Bee eAenChOOIs for WL00 VW. SOT) ick cc ee een wenn des ens 7755-7761-1 
 Deaf, enumeration by county auditor to State auditor............. 2606 
 care of indigent, aged and infirm (94 v. 369)........... 10190-10191 
 e POC SEHOOI TOT 010d We O01). anes: 4i0,0. ahg 00 a Sie ete wo 3 ss 7755-7761-1 
 
 DEAF, STATE SCHOOL FOR— 
 Accounts (See Financial Transactions) 
 
 Admission of pupils, age and time (99 v. 598)...........-+--- 1872 
 Blind and deaf children; rules governing (99 v. 598)...... 1873-1874 
 Biboine Gr une padbe ll Wa LTO) on c5 ce msictin wince wu anise 68 1880 
 Education of pupils; what may be taught; management of 
 
 classes; supervision, etc. (93 v. 75) ......ceeeeeeeees 1877-1879 
 PiHeG tit Bb DOMIG (90001, 1G) 4 <5 ti deals 6.0 hoe wie mw bw iaieee'e ee 1875 
 Monthly report of supervisor (77 v. 170) .......eeeeeeeeeees 1881 
 Return of pupils to parent or guardian (99 v. 599)..........- 1876 
 
 Support of pupils (101 v. 157) (106 v. 503).............. 1815-1816 
 
10 DEPARTMENT OF PUBLIC WELFARE 
 
 General 
 Code Section 
 
 Deceased inmates (See Burial). 
 Delinquent claims (See Financial) 
 
 “Delinquent child” defined (106 v. ABS-459)\- 2s ia ook eme a eee eee 1644 
 Tay i instituti 3 v. 864; 108 v. 
 Mey be ORS ee 1652-1672 
 Division of Charities may receive (108 v. Pt. TI. 1159) ....... 1852-5 
 “Dependent child” defined (109 v. 311) ..-- cesses eee eer eeeececs 1645 
 Commitment (103 v. 864; 108 v. Pt. I. 260)............-- 1653-1672 
 Division of Charities may receive (108 v. Pt. II. 1158).:..... 1352-3 
 Expenses of care and treatment CEOS» Wits ae hate eee 1352-4 
 Crippled children; application to juvenile court; Division of 
 Charities shall arrange for treatment (109 v. 362)..... 1352-8-9 
 
 DEPARTMENT OF PUBLIC WELFARE— 
 Creation of office; appointment of officers; establishement 
 
 of divisions; regulations (109 v. 107-124)............ 154-6-7-8 
 Appointment of Director (109 v. 106) ......... nesses eeeeees 154-4 
 Assistant Director (U09: wrlOGi) meres cnnets seit oueleet ets ter starter emencren cae 154-5 
 Advisory Boards (109. 7; 208)? 5.5.x weed ete paw wre ole ie eee 154-15 
 Bond and oath-ot ‘office (109 wi TOS) Wee eee ee ee 154-14 
 Officers shall devote entire time to duties; location 
 of offices seals journals and records)... (aeman se 154-16-17-18 
 Salaries of Director and division heads (109 v. 180).......... 2250 
 Employes; service, vacation (109 v..108) ........... 154-19-20; 1857 
 Powers and ‘duties (109 we L103 2a ee errcraetefoeeevchete 154-24; 154-57 
 Report.of (109: vy; 110s 106 ‘v. S08) = iy ea ae ee 154-22; 2264-1 
 Administration of State Institutions by central 
 CICS j.c.weae cui aioe ee he 1832; 1835; 1838-1860; 1862-1871 
 Detention. Hospitals’ (99 vw 210)e 0. Sean eee ee 8154-3156 
 Detention Homes, Juvenile court (103 v. 864) ..............6- 1670-1671 
 
 Discharge (See individual institutions) 
 Drainage, institutions may petition for (108 v. Pt. II. 926)....6443-6444 
 Electioneering and contributing money for election purposes 
 
 prohibited. (102 v, 222i 5 .c crv speteigvatedin cern eaten eee ae nae 1871 
 Earnings of prisoners; Ohio Penitentiary (106 v. 199) 
 (108 Vv:.65)  . fs 05 wales oo: o-usiele eee 1866; 2183-1 
 Under Manufacturing and Sales (106 v. 199).............-. 1866 
 Ohio State Reformatory (103 v. 886; 106 v. 199)......... 1866; 2138 
 Girls’ Industria) School (108 vi 883). 21.4 sas ee 2112-4 
 Emergency Board; how composed (109 v. 180) ........eeeeeceees 2312 
 Authority to gr i j j 
 (0810) 2313 
 
 Attendance at conference or convention outside of State by 
 officers or employees must be authorized by (106 v. 182).. .2313-3 
 Employment of Prisoners— 
 Assignment of industries; price of labor; classification of 
 institutions and articles to be manufactured (102 v. 
 
 211; 107 v. 427) (See Sec. 154-37, 109 v. 116)........ 1845-1847 
 Detail inmates to labor; develop and encourage occupations 
 (102-¥i: 218). 2.1. :sinte ae te eee bed nae ee 1858-1859 
 
 Manufacturing fund; earnings of prisoners, ete. (106 
 
 4 f 5 ea : ; v. 199).. 186 
 
 Ohio Penitentiary, certain work for the state; spe ee of as 
 labor; sale of road materials (103 v. BBY ao ar donne 2183-1-2 
 
LAW BULLETIN 11 
 
 General 
 
 : Code Section 
 fos yes eae a Fel ey Ue, 8 A ae Sings ee ee er oe cr 2184 
 As teachers in penitentiary school (103 v. 274).............. 2195-7 
 Contract labor prohibited; nature of work; products may 
 
 be disposed of to state and political subdivisions 
 
 REM MU aw eh bea TIES ce eres ale ple le diate so ered 4.0 ¢ 2228-2235-2 
 Convict-made goods shall be so labeled (90 v. 328)........ 6213-6218 
 
 (See also Article II, Sec. 41, Ohio Constitution.) 
 Roads, State Dept. of Highways may make requisition for 
 
 prisonera.to: workon (106 ¥. G50) &...0ssceecct ore 7496 et seq 
 County Commissioners may make requisition for prisoners 
 
 COILS pak Det aD Mamie W Siig eS eee aah Oana rs ea ee 7498-7499 
 
 transportation, discipline, maintenance (106 v. 655) ..7497; 7512 
 prisoners available to be reported to Department of 
 
 Highways or County Commissioners (106 vy. 658)..... 7511 
 Paruings of prisoners, “0. 8: R. (LOSv, 886) .665 5 cacscciacess 2138 
 Dimitavion o: employment (90 v. 287) ose ewcsvewsecceces 2244-2247 
 
 EPILEPTICS, OHIO HOSPITAL FOR— 
 Accounts (See Financial Transactions) 
 
 manieeions 10s anporuonment (96 V..37) «os ccs dwn ce Gee sien 2037 
 PAGE LOT CLOT Cte Voce CaeeD uv'h hu iwg ahs inh gi w "6 Wik Bie Win wid a Pearns 2045 
 form and rules as to medical certificate (103 
 
 REO ihitke Aptis Cte he clea soe 5 Ace x x sic a Pav’ 1956-1957; 2047 
 Judge shall transmit application to superintendent 
 
 “AGN Rar oe Ta WR Re Sieh me aioe ee ae ee ee een ea 2047 
 Convict; return of epileptic to labor (99 v. 480)...... 2225-2226 
 PreteHs BUsOe KOS Wi ayy aaa Ss gore vin decile cates slaw ae 5 1972 
 
 Clothing, travel and incidental expenses (94 v. 183).......... 2049 
 
 wunvevance to hospital (LUS:¥, 448) soils ck cdcun eee ase beeen 2048 
 
 Care, control and discharge of patients (91 v. 97)............ 2051 
 
 Enumeration of epileptics, county auditor shall transmit to 
 WIcrepsL Geen Cet ei teene Dick crstatea ane le tA otis. oA visi saiais enna dtu thie a's « o:8 3361 
 
 CGS (OAR veel SON mec ereeRei arate verter navemoiereerniarete, ctelgot in vel ore vaca ere 2050 
 
 la koeyshite® (NEY ae RD ee aan ee aren Ren ray oe 2046 
 
 Insane and dangerous. epileptic (91 v. 95) ............c0c00- 2044 
 
 Inmates considered residents of county from which sent 
 ELS cos Wf RAE he ea le ey ice, Gg es a A 2038 
 
 Management; name; purpose (103 v. 448) ......c.cccc ences 2035 
 
 Quota; statement to probate judge (91 v. 95) ............... 2041 
 
 separate quota for soldiers’ home (93 v. 419)............ 2042 
 
 Support of inmates; to be supported at expense of state; 
 
 Beet GhaTiees LOM GS ke Prin ok keine TS Yo wt RA 1815 
 judge shall certify name of guardian or relative 
 
 Ue ae a odin suai a ORI ah Nl, Ss GRR Gar 1815-1 
 PELGvGr MUN NOLe CLUs V. (Ou) cUanwe vente iwe We swe abe cede 1815-2 
 
 agent of board of state charities; duties of; order 
 for payment; collections; release or modifica- 
 tion; superintendent of institution to assist; 
 appointment of guardian; liable for support 
 
 (101 v. 158-9; 106 v. 504) See mata bic < 1815-3-1815-9 
 duty of executor or administrator; contract for fixed 
 SII ea MOUN Ga Oa cul: OF bm reriaie Storcvete auc,s ew wcshaiale su 1815-10 
 
 collections from counties (106 v. 503) (94 v. 183)....1816; 2049 
 Transfers to and from other institutions (103 v. 681)........ 1841-9 
 
12 DEPARTMENT OF PUBLIC WELFARE 
 
 General 
 Code Section 
 Estates of inmates of benevolent institutions, administration 
 Of (102 vi68L) cs cnet eee Re pee ons ae ee ee 1815-10 
 escapes, capture and. return, of (97 Vv. 807) .% oa on coe os ee eee 1831 
 idi j j i i to (68 v. 9; 
 Se a aa ee 12833-12835 
 enticing to; harboring, ete. (9U-vy 80T)7 75s a2 ey cia 12838-12839 
 from Girls’ Industrial School (103 v. 864).............5... 2114 
 Insane patients; return; LEC A y's ens ssa woe 44 ieee eee ae 1978 
 penal, reformatory and correctional institutions, time 
 absence not credited as part of sentence (76 v. 98; 
 LOG We GBS) ccs aw nccs alates LR nana ee facet eee eee 13705; 7510 
 from penal or reformatory institution, by whom to 
 be arrested and returned; fees and costs .......... 13606; 2186 
 Expenses; attendance at interstate and national meetings 
 (L067, 188s LO Zev 220 Wess cae tek oben re ee re ee 2313-3 
 Attendance at Ohio Welfare Conference (109 v. 54).......... 1357 
 Farm productions, sale of to institutions (109 v. 506)........... * 
 
 FEEBLE-MINDED, INSTITUTION FOR— 
 Admission; procedure in admission or release, fees, costs, ete. 
 
 (108. v3 Pty T5638) vad cee k ois na ce ese ees ee 1893 
 preference im’ (108! wiPt. 1.653) 4 te nek cae eee 1894 
 forms and rules as to medical certificate (103 v. 448)..... 1957 
 
 Additional institutions; location of (108 v. Pt. I. 553) . .1904-1-1904-3 
 Control of institutions; care and training of feeble-minded 
 
 e110 ‘V,"200: LOS vee Pt: I Gbo)) ts oe ee ene ee 1891-1892 
 County obligations; disposition of feeble-minded when state 
 
 unable to provide care (108 v. Pt. I. 553)............00 1895 
 Employees: salaries (102 vi G11) 205i hae ee 1842 
 Managing Officer, appointment of (102 v. 211).............6. 1842 
 
 Road through custodial farm; commissioners of Pickawa 
 County authorized to build; conveyance of land. .13918-45 et seq 
 
 Support of inmates; by counties (108 v. Pt. I. BDS) h.iiecai aoe 1815-12 
 
 by. individnela: (101 34158) J. \.4cneu. ape eee 1815-1-1815-10 
 
 Field Officers; appointment of; Industrial Schools (108 v. 
 Lo or errr ie Seer Rr’ Thar or 1674; 2112-3 
 Reformatory and penal institutions (99 v. BAL) 05,2955 ceeds 2212 
 Salaries; how paid (90'v, B40): 2),427435 ese. 1) ee 2215 
 Financial Transactions (See Appropriations) 
 
 Accounts, Department of Public Welfare 
 
 (LOZ ys BATS 100) yy 1 00) ce oe 1843; 1860; 154-18 
 Auditor of State shall examine vouchers (109: 9125 ene. 243 
 Books, papers, etc., shall be preservetac. 1’ Unde lines eee 1813 
 Budget estimates; shall be filed with Director of 
 
 Hinance .(108:v,, 114) - 255 cee a ee 154-33-34-35 
 Debts, not to be contracted without authority isis. 08-see dae 17 
 Deficiencies, penalty for cheating’ (80 vy 78) 5 ncn cee 12923 
 Delinquent claims; shall be certified to State Auditor; 
 
 duty.of Attorney General'as to ...................... 20; 268 
 Duplicate warrants, when and how issued (104 v. 162)....... 246 
 Emergency Board; authority to make expenditures in 
 
 case of deficiency or emergency (109 v, 180). ........ 2312-2313 
 
 *Not considered of sufficient permanency to be given a general code number. 
 
LAW BULLETIN 13 
 
 G 
 : ; Gate aeeaan 
 What written authority shall specify and where 
 SPM Rees AIRE Meda chy 244.2% ioe kom 4 0pse Wik egw ws we 2313-1 
 Deficiency appropriation, how applied (103 v. 445)...... 2313-2 
 Allotment of funds for attendance of State officers 
 at conferences outside of Ohio (106 v. 183)......... 2313-3 
 Examination of Institutions and Departments by Bureau 
 of Inspection and State Auditor (106 v. 26).......... 2-1-2774 
 Expenditures; estimates of amounts required must be sub- 
 mitted to Dept. of Finance before appropriation avail- 
 Rely ete ee hs es Ge ene hak Re we bis Poa nee 154-35 
 Fees and money to be paid into State Treasury weekly 
 ANTES Eel ha a cach oaktn Wie Wie Oe veer eaieS yr B.S bie wea 24 
 Fiscal year; beginning and ending of (106 v. 508)........... 260-1 
 inrarmeutionsto Governor (108-9; GhS) 6s vclee« vdebe Ur debe ccdats 270-3 
 Purchasing for State departments and institutions, duty 
 GraVentror binance: ((LOGEVns11 GIN wiscie. ecees cerdety wigs atone 154-37 
 Compoutiye bidding (102 y. 1210). dees. nhc aw ene vwace 1849 
 Requirements of Department of Finance must be complied 
 WithwoeLore IssuecOLowarrame (LOO wat O) cc. .0 on tes cree s 154-30 
 Snare clewne Gosra (LOS v. Pt. 1 O21). ccc eke Wide ewe baud 270-6 
 
 Department of Finance shall discharge duties (110 v. 115) 154-36 
 Tax levy to provide Institutional Building Fund for 1921- 
 
 gee atu ldeent ood (L008, S60) sos 5)s ew a eeae ¥ baa Mewends « . 
 
 Fugitives from State institutions (See Hscapes) 
 Guardianship; (See Minors) for persons confined in 
 benevolent or penal institutions (103 v. 471)... .10989-1-10989-2 
 
 Gifts, devises and bequests to institutions (78 v. 109; 102 v. 214) 18; 1840 
 
 GIRLS’ INDUSTRIAL SCHOOL— 
 Accounts and records (See Financial Transactions) 
 
 PRU eG in, oA erle eg a ek Sinies Cs 4 bin ee UE Cale bee 2105 
 Appointment of Chief Matron; duties; general charge of 
 Sil ioe) a CUS ae cae tN] Noa ae 2101-1; 2108; 2105 
 Anorenuced girls may be (108. BS4) occ oc ue ecw ena we sen 2116 
 Transfer of indenture not permitted (103 v. 884)........ 2117 
 Peteeemeeneni rot, Ue Ok rank och ewe cw eae Uh ess 0 60 2118 
 Chief Matron shall be guardian of (108 v. 884).......... 2119 
 Penalty for influencing girl to leave home (108 v. 884) ...2119-1 
 Mere TGS CLO, 7 bed). og 5, y wre, ecsiallens a sis nceman Gin s s we 0 1652-1653 
 PAPE a Se CO BTS da a 9 1653-1 
 Dependent child shall not be committed to (103 v. 873) ...1653-1 
 On probation (110.v. 110;-99 v..339)....... 13706-13707; 13711 
 Temporary commitments (108 v. Pt. I. 260)............. 1672 
 Proceedings when girl under eighteen is brought before 
 court of criminal jurisdiction (108 v. 882)........... 2115 
 Control and management of (106 v. 26)................ 1835 et seq 
 Metenwon andraischarcve |LOG! V. SSA) ti. eat aie 0.5 oe wiewie errs alee 2112 
 return after discharge (103 V..883) ...... ccs ebiewcides 2113 
 Easement in portion of grounds, conveyed to Columbus 
 ORO FERS at hie aie Sd ve ee ere wu ess sd RS e cede as * 
 
 Hecate. LeLGrh Ceol (203-0, S00) ren w ss ceca dals Webb wa cde 
 (See general provisions) 
 
 *Not considered of sufficient permanency to be given a general code number. 
 
DEPARTMENT OF PUBLIC WELFARE 
 
 14 
 General 
 Code Section 
 Industrial Training (108 v. 882) .:....0é2s.1555ue> teense 2106 
 Industries, Department of Public Welfare may assign 
 (202 We BLL). ois vo a irae eet dene wins ee ier ro eee 1845 
 Juvenile court provisions, shall not affect laws governing 
 school. (103 °v.- 877). a.avassas Se aS aeenie heen on eR eiene 1680 
 Object of School (103 v. 881) ....0s.40. 0005 snne sees cee ees 2101 
 Paroles; meetings for consideration of (102 v. 211)........... 1837 
 rules and regulations (103 v. 883)............eseeeeeee 2112-1 
 deposit of one-third of earnings (103 v. 883)........... 2112-4 
 return of inmates on parole (103 v. 883)............+0- 2112-2 
 Parole officers; appointment of (103 v. 883)........... 1674; 2112-3 
 salary of (99 vy. SAE) sxs esas ok eee mbar in 2215 
 Physician, woman shall be appointed (103 v. 881)............ 2103-2 
 Transfers; convicts to school) (108:v. 882) .s..0s nee eee 2111 
 girls to the Ohio Reformatory for Women (106 v. 107)... .2148-8 
 Support of inmates (101 v. 157; 106 v. 503)............. 1815; 1816 
 Governor, information to be furnished to upon request (103 v. 659) 270-3 
 Habeas Corpus; who entitled to (R. S. Sec. 3726)................ 12161 
 courts having jurisdiction (103 v. 429; 97 v. 818)...... 12162-12163 
 application Tor writ (40. Wwo4B). cisiccseais 5 Gxikia tian ee 12164 
 InsuaTice: OF PwITt sc cd nay See rca eee ee 12165-12171 
 persons confined as insane entitled to ........cee.0veccaucses 1976 
 execution and return Of wlitivsviersncs nave nrck see 12172-12176 
 disposal of cases; general provisions ................. 12177-12188 
 fees und costs: (46 Wi'45) |. inti siwks a oN Role kd ba ee eee 12189 
 Health, State Board of; duties affecting institutions 
 (207 Vi GUS) cae cau tek acd e ke oy eee ee 1236-6 et sea 
 District Boards, relation to institutions (108 v. Pt. I. 240) ...1261-26 
 PEGMERE BOC: simin sks Be baw o a ee ai 10062, 10084, 12970-2; 13017 
 Indeterminate sentences; Ohio State Reformatory (103 v. 885) «00. 218n 
 Ohio: Penitentiary (100 v.64). 2c... 2.0045 a ocean 2166 
 Ohio Reformatory for Women (108 v. 20). ch ee oe eee eee 2148-9 
 Indigent sick; contract for care of by county commissioners 
 CLO 8. TT) nx ae ea van Gowns ve el eied Sens 3138-1 
 Insane; Department of Public Welfare shall act as com- 
 mission in lunacy (108 v. 681)................. 1841-8-1841-12 
 Accused of crime, commitment to Lima (See Lima State Hospital) 
 Commitment to State Hospitals (75 vi 64) ce eee 1953 et seq 
 to detention hospital (99 v. 210) REPEC PIR eT ee 
 common pl i j 
 when (108 ¥. 257) severe Probate judge, 1592 
 from O. S. & S. Home (88 vy. £30) vik Coens oo eee 1914-1918 
 ; remap! by county auditor to State Auditor ive. fees 2606 
 onvicts; Department of i 
 to Lima (03 v. 681; 98 cs 336) a ae 1841-9; 1841-11; 1985 
 detention; clothing; certificate of conviction 
 (98 V5 BOT win tine a Oil in nants ce 5 1 2218; 2220 
 costa; ew paid. (06%. 28%) os s5 0 sc: saan 2219 
 
 eee Te 2221 
 
LAW BULLETIN 15 
 
 General 
 Cade Section 
 SANE, HOSPITALS FOR— 
 Accounts (See Financial Tranzactionz) 
 Admission to; who may be admitted; non-residents 
 Stew 440-247) (90 9, B28) 2 ccc wtencssscres 1817-1820; 1950 
 proceedings for admission cf patients................ 1953-1963 
 information requisite in i Ae a for admissi7 
 PR ey cee sat sicn soos Rowe oe keen o's .. 1318 
 form and rules as to medical certificate (102 v. 448)...... 1957 
 fees, costs and expenses in lunacy cases (109 v. 175) . .1981-1932 
 providing conveyance (108 v. Pt. IJ. 1219).-............ 1959 
 meparmcteae, eeatermse (05 9, 160) 6c cee eee ccse once 1975 
 voluntary patients; who may be admitted (99 v. 3226) 1972-1973 
 exceptions when quota of county filled (95 v. 79)...... 1974 
 Criminal Insane (98 v. 236-241) (See Lima State 
 CMD ee tose e el ap aks site sp ak peecsedercucas 1984-2003 
 Clothing; patients when admitted shall have (75 v. 64)... .1962-1963 
 shall be furnished by institution (101 v. 157; 
 SR EN a Gores a hud ole oun a wie od ee ws 1815-1316 
 may be furnished upon discharge (78 v. 102)............ 1971 
 - Deaths, escapes, etc., to be reported to probate judge and 
 re MMIIG EW GONADS a id os coe cue obese pane 1970 
 shall be reported to Department of Public Welfare 
 OO EY RS SO Ee ee a oe ee re 1360 
 Definition of term “insane”, “lunatic”, etc. (75 v. 64)......... 1933 
 Districts, Department of Public Welfare may fix or alter 
 RE ea ok sein aia Ni nina d win 0-0 keinle bm 1948-1949 
 probate judge shall be advised monthly of quota 
 DE IS a IER Chak oa oe goa o eo bis bene ae ae 1951 
 Discharges; when patient may be discharged; traveling 
 expenses; clothing may be furnished (97 v. 52)...... 1964-1967 
 bond required when discharged upon request (75 v. 64).... 1979 
 Department of Public Welfare shall act as commission 
 AUC LE SOUL ioe tica scons ee cos datiows acs 1841-10 
 proceedings when person again becomes insane (93 v. 150) 1975 
 Macapes shall be arrested (75 v. G4) ....... 2c ccc ccccccccece 1978 
 Habeas Corpus; benefit of; papers in case of inquest to be 
 EO OR ee ee 1976-1977 
 Suits, prosecuting attorney shall attend to (75 v. 64)......... 1930 
 Support of inmates; to be supported at expense of state; 
 i MNS BN fe J dk caw ad basen = eew sake ee 1815 
 Judge shall certify name of guardian or relative 
 0 = TR OR a ae ee 1315-1 
 re ANU COR) oo oars naka pte oecenceedeas 1315-2 
 
 agent of board of state charities; duties of; order 
 for payment; collections; release or modifica- 
 tion; superintendent of institution to assist; 
 appointment of guardian; liable for support 
 
 ClGl wv. 158-0; 106 wv. SO4)~ . eee cc einen 1815-3-1815-9 
 duty of executor or administrator; contract for fixed 
 Pn Cet Che WY. C4) 5... oc aedice nce vacecce 1815-10 
 collections from counties for clothing and incidentals 
 a a ee 1316 
 NE a) a 1968-1969 
 
 LB Sig 2 
 
16 DEPARTMENT OF PUBLIC WELFARE 
 
 General 
 Code Section 
 Transfers from one insane hospital to another (103 v. 
 G4T-GED) no vies steed oo ca eee ee oe ee rn 1841-9-1952 
 to or from other institutions (103 v. 681-2) ....1841-9-10-11-12 
 to Dita (108 vias) sho ee. oc et Se ae eee 1993-1994 
 LIMA STATE HOSPITAL— 
 Accounts (See Financial Transactions) 
 Admissions; persons accused of crime, commitment of; 
 acquitted because insane (98 v. 286; 289) ......... 1985; 13679 
 noGunder indictments (VO. Vicc Ose LOU) erent enet eee 1985; 13577 
 previously convicted of crime (98 v. 236; 239)...... 1985; 2003 
 under indictment, Cl2i ve. s0s 98h vacoo ae nie 13608-13614 
 by transfer, authority of Department of Public 
 Welfare (103 vy; 681 5°08 vi. 236) 1444.0 eee ees 1841-9; 1985 
 
 from other state hospitals (103 v. 446; 98 v. 238) 1993-1994 
 from penal and reformatory institutions 
 
 (98° Ve 238i 299 Eva ASO) aaacreeo hae atin ieee 2218-2222 
 Clothing. expenses) for (98 svera 0)eeic cecere acnein caer renee ee 1999 
 Discharge of inmates not convicts (98 v. 240) ............... 1998 
 Disposition of insane convicts after expiration of sentence 
 (OB FRED) a: ch xiclaice sae hokey eee oe ke, oun ee 1995-1997 
 suscupes, return. of: (98 vi 240)" sian <n cues a scet ee ee ee ee 2000 
 Inmates not to execute contracts, etc. (98 v. 241) ............ 2002 
 Lands, sale of to T. & O. C Railroad Co. (109 v. 103)......... 2 
 rental of (98: ¥-- 287). wwe ee ee ee 1990 
 Serving of civil process on inmates (98 v. 240)............6. 2001 
 Managing officer, appointment of; duties (102 v. 211)........ 1842 
 LONGVIEW HOSPITAL— 
 PIMA SONS TO. CT 05 OS ) oso cist einen seen nenen iin eee 2018; 2020-2023 
 Deaths and escapes. (76: v..98)), >.35 vbcgen ease eee 2028 
 Debtay action: for (7b. Vi08) © iacads aa ecnae ce eee 2029 
 Directors; how appointed; duties; term; vacancies 
 (710.3, GO) os ve 44 ire s Yar eee 2005-2012 
 Discharge of patients (80 v. 103; 75 v. 98) ........ 2024; 2025-2027 
 Fees; costs and expenses; how paid (101 v. 359)............-. 2031 
 Name; governing officers (75 v.98)... 2.000000 0ccecwevavcvees 2004 
 (See Section 1867 O. L., 102 v. 211) 
 Pennies: (76 vy. GB). 4ias 0s asaya ene he wa 20382 
 Rental and purchase of, by state (103 v. (64) cee 2034-1-2034-7 
 Superintendent and employees (75 v. LS oS) Doe Re eR 8 Fo 2Z0L8' 20L7 
 Beal, official (75.7. 98). <.5 hes dene vision ean cae eee 2030 
 Support of hospital (75 v. 93; 102 v. Ah I I Vile een 2038-2084; 1867 
 of inmates: (76. ¥. 98) <..005rsese vee dedee ee 2019 
 Institutions controlled by Department of Public Welfare 
 (202. ¥. ZER) sinew: cun'eie.s «alee Sled tieis ce 1832 
 Inspection of institutions; by Auditor of State (108 9, GRn, os ila 274 
 by Fiscal Supervisor (102 v. BLL )) ss de ov eae ee ae 1862 
 
 _ (92 Ws. ALB) ovina 5 Geet re berg ooo a rete Oe an 12933 
 of public bulidings by department of industrial relations, 
 workshops and factories (110 v. 281) ............... 1031-1037 
 
 *Not considered of sufficient permanency to be given a general code number. 
 
LAW BULLETIN 17 
 
 General 
 
 . Code Section 
 
 Inventory of state property (102 v. 275; 217).......... 21-1; 1848; 1856 
 Auditor of State shall make of retiring state officers, 
 
 PPO VENULOS rece ACLU eve aI) ges seein 69 feted yaaa 273-1 et seq 
 
 Investigation by Department of Public Welfare (102 v. 211) ...1862-1868 
 Juvenile court; jurisdiction of (103 v. 868-9; 110 v.127) 1639-1643; 8034-1 
 
 who may file complaint (110 v. 296; 103 v. 870)...... 1646-1648 
 commitments by (103) v. 871-2) ....... 1672; 1652-1653-1; 7780-7781 
 judge may require reports from institutions (103 v. 877)...... 1675 
 probation officers, appointment of; duties (109 v. 527; 
 
 eee Pa rata ce Mone ake GX wee oe ee ed ours ea 1662; 1663 
 
 Laboratory service to be furnished district board of health 
 eC ATT COUT, Carri k oink a eklew ae aes sewn NS bebe 1261-27 
 Pens eNO WaACguITed (LOGE Ver DAT ic cicciWelanc cid Guests ote sielerecesa a prelates ove 1807 
 Purchase of for institutions, duty of Highway Department 
 
 AIUD SiGe GoD - A 208 SR ROETO AN Danan ane eS ie gel Pic gr ae a 154-40 
 Abstract of title to be filed with state auditor................ 267 
 Cultivaciom or; disposal of crops (102 ¥.9271)). 2. Ves sc lelew ke 1848 
 Drainage, institutions may petition for (108 v. 
 
 Bat OU tetera eat ee lace Ok Sitigly he tte ba aa a erhwiwin 4 Belem 6443-6444 
 
 ASSESSINEN LOM CLOG syew le Gan eo Gi) eects etches steieie ore cieteneiane ers 6469 
 Male,and Jease of, reservations. (106 vy. 246) « «inss.s seams beats 238-1 
 Sewage system, approval by State Board of Health (99 v. 494) 1240 
 Street or road through must be authorized by general assembly.. 23 
 Rental of; for agricultural purposes (102 v. 216) ........... 1848 
 
 PALES COAL AULOT Wer sOd but oiin nics Siee kiss xo mis ae 3187-3188 
 MM LLGRan etl oN tSstOu (MOD cusmaluls)amote. it ete = ci cicis ve ayecasianeeesorere rete tee 1839 
 IEKes Asso OFS HOMAlCy LOR. 2 wigc ea a ks. oalew aed a wee 12839-15306 
 
 Athens State Hospital; grant of right of way for transmis- 
 sion line (106 v. 7); also Am. S. B. 7, 85th Gen. Assembly 
 SRD Oe Mane et iets © atte con bic ivy ta: ahdyeraiate Meets Bde c = 
 
 Cleveland State Hospital; sale and conveyance of portion of site 
 ala appropriating proceeds. (110 v. 869) ...iccc aware css. 
 
 Dayton State Hospital, grant to City of Dayton of right 
 “Oo construct standpine .(108.v. Pty 11. 1105) 3 .2..% cca. 138918-59 
 
 Board may lease or purchase beds of limestone; plant for 
 ManuULackUrine, celC.. (GS Ver LCS) | cis ceiace: o eieianctaieie Niele oy x 2233-2234 
 
 Laws, etc., copies to be furnished state officers and institutions 
 PASTS S98. SR ae ene +o 2279 
 
 Legal Advice, attorney general shall give to state officers (70 v.19) 341 
 Letters, etc., conveying of into or from prison, penalty for 
 
 EWES 0B BUA be og ie a INE ee SP re ES, oe 12837 
 Lunacy Commission, Department of Public Welfare to act 
 as; powers and duties (103 v. 681-2) ......... 1841-8-9-10-11-12 
 Managing Officers; appointment of; duties (102 v. 211)...... 1842; 1851 
 MADISON HOME— 
 Bese OleMemDersm (Odaver LUO ice sear cctetetaisasseScheleiceca.s0s 6.02 2953-2957 
 Benefits, who entitled to (97 v. 69; 108 v. 625).......... 1920-1921-1 
 IErHCte ower. tek AKO COT rs VO) ecieue ales ne 0 dide sis wa aes a 1925 
 BQ ystdavee {OE A, GR RP 5 ante Gin A RE eet en 1919 
 Rul ome TeMIMATIOUS TANT GMs. FO) «< onlsieaks © a. n/4 bibs aise tele dieses oie 1824 
 
 *Not considered of sufficient permanency to be given a general code number. 
 
18 DEPARTMENT OF PUBLIC WELFARE 
 
 General 
 Code Section 
 Manufacturing and Sales; classification of institutions and 
 articles to be manufactured (102 v. 215-216) (See 
 Section 164-372 309 90-116) cep tastes wens tinier 1845-1847 
 Fund and for what purpose used; compensation to employees; 
 equitable portion of earnings credited to prisoners (106 v. 
 LOD). © ik sacein’ ¢ wile ci5ldteie oats a creat ara She ei ee pie a 1866 
 
 Limitation of employment of prisoners (90 v. 237)........ 2244-2247 
 Nature of work; disposition of products; township trustees 
 
 and county commissioners may call for supplies; may 
 
 lease beds of limestone and plant for manufacturing; 
 
 prison labor only to be used (98 v. 
 
 LITA TS) eocas®, opvhendaonas stb hep een oe 2230; 2231-2235; 2243 
 State Highway Department, estimate to prison authorities 
 
 of road materials required (107 v. 1384; 106 v. 657) . .1224-1; 7508 
 
 Electric current; provision for transmission to public insti- 
 
 tutions (102.-v. 408): nck oe ac see eek ee 2230-1 
 stone quarry (102;v. 107-108) vc ene eee eee 2235-1-2235-3 
 Maternity; Federal Act, State’s acceptance of; Department of 
 Health designated as agency (110 v. 331) ............ 1237-1-4 
 Boarding houses and lying-in hospitals (108 v. Pt. I. 47) . .6259-6277 
 penalty for violation of law (101 v; 121)... :..<.<c.ev.s, 12789 
 Matrons of institutions; duties of (R. S. 652)....... 0.0... cee eeee 1852 
 Minors— 
 Adoption of (109 v. 117-180: 94 v. 219) ..........722.75. 8023-8035 
 Assignment of to Department of Public Welfare for 
 observation (108v. 176)! ia PA eee 1841-5 
 Bastardy proceedings. (110.297) —. accu oes covgaueeeee 12110-12134 
 
 Commitment of (See Juvenile Court) 
 to Department of Public Welfare; guardianship 
 
 (LOS TB) is ca ole Biksats watrdiee  a O 1841-1 
 to Division of Charities (108 v. Pt. II. TSS lees sete 1352-3 
 Employment of (103 v. 864) ........... 7765; 12968-12969; 12972- 
 
 12999-13007-14 
 Guardianship of; child may choose; application for 
 
 (108. vii 2642410 9, 128) * 5,5 iy ee 10918; 10928 
 inmates of county and district homes and agencies 
 (108 vi Ph L26L) occ sacs bee cs wee 3093 
 Girls’ Industrial School; chief matron shall act (108 v. 884) 2119 
 wards of Division of Charities (108 v. Pt. II. LT58)) eee 1352-3 
 Marriage of (67 v. 6; 106 v. LY) v5 ety eee eee 11181-11181-1 
 Neglect or non-support of; penalty for (110 \v. 296). <. .=.-... 1655 
 Non-support of; penalty; credit during imprison- 
 ment (110 v. 265; 99 v. 228; 110 v. 864)...... 1656; 13008-13021 
 OR Gries ARAIIBE sc nad sine deen, ee 12423-12428; 12960-13021 
 Transfer to Industrial School (103 v. S80) a... ache 2095 
 Non-resident, admission of (99 vy. BLS) “vs te SRR eee 1817-1820 
 
 imprisonment (110 y. 265; 99 v. 228; 103 v. 864; 
 pa (35  WiSI8) 440 Shee et. ee 1656; 13008-13021; 12970 
 orkhouse provision; humane society may be a ointed 
 trustee (103 v. 907; 101 v. 233) 4 eee ie eoteteveeeaete 12970-1-2 
 
 Nuisances, certain kinds of business prohibited near 
 
LAW BULLETIN 19 
 
 General 
 Code Section 
 Oath of office; (See General Provisions) ..............c00c cece Ue 
 Director and officers, Department of Public Welfare 
 QU) ce 0 hc) AR a ee se er 154-14 
 Officers and employees (See Department of Public Welfare) 
 Institutional; appointments of; superintendents, powers 
 and duties; salaries (102 v. 7A 8) TS Sees a 1842-1851 
 department shall not recommend (102 v. 211)........... 1871 
 MIA ELON SACU UlCSmOLarmtecatreis ose miciel: vee oe eversierd exetanattes 1852 
 Wor Ore ania resem Ule.ot1) AELSUUC VIC cy els dad oa oe ea wd ares 8a 1844 
 TATE Oe ee ad TG raat spar ters cs baal aie Ger ow wie ase oe aaa 1855 
 Daily hours of service; vacation on pay (109 v. 109)......... 154-20 
 Reet Mr ee rg iio aha acta saa oe SPR + ale Atal ev alae chad bed «hs 1871-1 
 COMET FOL Ode VE PUD Via 2.4. ov welsh d:aiw e © alarien Saal ava 1; 2; 7; 154-14 
 Shall hold office until successor qualified ..............ece0e- 8 
 Vacancies in appointive state offices, how filled............... 12 
 Governor may remove appointee (See Civil Service Laws)..... 13-14 
 Mechanical Engineers, supervisors, etc. may be appointed 
 (TCE SSgs ee OO ia oo a oe a en Se Oe 1857 
 MasGaiesupervisor, cuties of (102 vii211). iwc. uccowds ve xen cknes 1862 
 Pardon and Paroles; creation of Board of Clemency (110 v. 327).. 86-90 
 PUM OLA Tae QUO Pe cats, cock lac Gare Bie os wiley sino Was OR Wels 91-105 
 Dio piave necormeatvory (108 ¥. GBT yx csc ook wa ces ewe wie alee 2141-2142 
 Ohio Reformatory for Women (106 v. 182) .........cc.c00 2148-10 
 Ohio Penitentiary (1038 v. 374; 88 v. 310; 89 v. 861)....... 2169-2175 
 Paroles; Boys’ Industrial School (109 v. 594; 103 v. 880)...... 2091-2092 
 Ginkssindustrialsschoole( 103 va S80)... o00 0. oe cee 2112-1; 2212-4 
 Parole Officers, appointment of, penal and reformatory institu- 
 Maia OR AMALD br halcreenn ihc wig. d.eclGls W § wo.» maa srenace 0 dace e 2212 
 Gane LIGIER AE Sala | (Eley ye ERE) ky see ee coerce 1674; 2112-3 
 Pee PROURLLI als SCUOCL, (LOS 20,0916) x <:x.4 aw ctawis.s eaheck «de dice as 1674 
 Pt ewie Gr SAO Dale Coo: We lee d\n Sarend ux Se sw Rb Ne ee wie 2215 
 
 Penitentiary Commission; creation of; organization; meetings; 
 employees; selection and purchase of site; legal advisor; 
 
 AHO MMI von a GL Oamue aah lice <everaletere racers sy atein ere iseens Sa cis: © * 
 Plans; Department of Public Welfare empowered to con- 
 SucuUctAeuuine OL contracts: (108 vy. Pt I. 145). o. a5 cc ces ii 
 
 PENITENTIARY, THE OHIO— 
 Accounts (See Financial Transactions) 
 
 Bible shall be furnished each prisoner ..............0eeeeees 2185 
 eG ee YORI Aed. cof si X VA. O) We eWeek Vhs Vee 2192; 2193 
 Compendation to-prisoners (103 -v. 65) cnc. bes ck cee ci ween 2183-1 
 under Manufacturing and Sales (106 v. 199)............ 1866 
 Control of prisoners; their previous history (81 v. 76)........ 2167 
 when indicted for offense committed in prison (66 v. 321) ..13600 
 Costs of conviction and transportation ................ 13720-13727 
 Diminution of sentence for good behavior (88 v. 556)......... 2163 
 good time may be deducted (88 v. 556; 106 v. 658) ...2164; 7510 
 SICKPOLMMET IMG COMVICE (OGrVs DOG aca crete Sci sicieeiare dieu s, .e ee 2165 
 
 not to be lost for violation of rules due to abuse of = 
 CeCe IN Par Mere neds awed nits lume 6 Soe a eee ae 0% 2164 
 
 *Not considered of sufficient permanency to be given a general code number. 
 
DEPARTMENT OF PUBLIC WELFARE 
 
 General 
 
 Code Section 
 Employees; exceptions as to appointment of; com- 
 pensation; removal and suspension ............ 1842; 2196-2199 
 Employment of prisoners; (See General Provisions) convict 
 may perform only such labor as board approves.......... 2206 
 assignment of industries; price of labor; classification 
 of institutions and articles to be manufactured 
 (102 wwe 210-216) «2 vg 5 aqpotwe esis tyes cae eee ee 1845-1847 
 detail inmates to labor; develop and encourage occupa- 
 tion, G02 “Ve S1S8)) iy sce aca's icdenua eae Se ee 1858-1859 
 manufacturing fund; earnings of prisoners, etc. 
 CTOG Ve 98) oes ie tierce ie tcc lee renin nye ceeeeeet earn 1866 
 certain work for the state; account of labor; sale of 
 road "materials (03 -v165) ven cee eee eee 2183-1-2 
 AS domestics +508: bvts pats: cat dete mee e a cle ree ee 2184 
 as teachers in penitentiary school (108 v. 274)........... 2195-7 
 contract labor prohibited; nature of work; products 
 may be disposed of to state and political sub- 
 divisions (102 ¥. 107; 98.-¥1 77-179) .4.ci.0 ons 2228-2235-2 
 shops destroyed by fire may be rebuilt (75 v.17)......... 2157 
 limitation of employment (90 v. 237-288)............ 2244-2246 
 Escapes (See General Provisions) 
 Execution of death sentences: .\0.i.us-.eck 4 eee eee 13728-13734 
 Good time of prisoners (See Diminution of Sentence) 
 raurmary shall: be provided. 2... wc oes ice ee ee 2202 
 Insane convicts; transfer to Lima or other hospital 
 (96 V. 2o7 1.108 F Oe  e 1841-9; 1841-11; 1985; 2219-2224 
 detention, clothing, certificate of conviction (98 v. 237).... 2218 
 costa, how paid’ (Gs y.. for) .3 oa. uc Cette ee ak eee 2219 
 term ‘of detention (98 Vv. 238), v..moo pees eee 2220 
 proceedings when restored to reason (98 v. 240) 
 UT OS Ve GBR vv a ae ole cee kee eee 1841-11; 2221 
 disposition when insane at expiration of sentence..... 1995-1997 
 Minors; transfer to Industrial School (103 v. 880)........... 2095 
 Non-support; prisoners convicted of shall be credited with 40c 
 per day (102:¥.. 115). ewsk5 ee ee eee 13019 
 quarterly reports by trustees (99 v. 229).....°........... 13016 
 Pardon, application for. (107 vy bu8). 250 vse ee ee 92-2-3; 94 
 action by Governor (85 v. 190; 66 v. 287)........... 93; 98-108 
 record to be kept in office of governor (80 v. 175)........ 144 
 conviction of murder in first degree, proof of innocence 
 necessary for (9B v, 223) <i. \ins os. ewenee ee 12399 
 Parole of prisoners, Ohio Board of Clemency has jurisdic- 
 TOT CLOT WOO): ssi, «J sycpa wate aie see terete ne 91-93 
 rules and regulations (81 v. 76; 107 v. 527).......... 2167-2175 
 soliciting money from prisoners for securing parole 
 prohibited | (108 v,.92) |. cis <ccuueen ee eee 12838-1 
 violators, treated as escapes (81 V. 76) .....ceeeecccecece 2174 
 arrest and, return (103 v,404):......meeeel oe eo 13606-1 
 parole officers, appointment of (99 v. 340)........... 2212-2213 
 salary of (99 vi 841)94. 2, cas wpe ee oe 2215 
 
 Probation; persons sentenced may be placed upon (110 v. 110)..13706 
 exceptions thereto (99 y,.340)) 7.105 da oe 13708 
 
LAW BULLETIN 21 
 
 General 
 Code Section 
 - blank forms to be furnished clerk of courts (99 v. 340).... 2211 
 auty Gt elerk of courte’ (99 V. 340)... ec ecccns wanes 138709 
 iPOGU TERE RU PRAT Thos woh c.c ws wince Po oda Swe dada cess 2210 
 POLCASOM CO ORV EOS 11) etete cece aici: cada tones a orci Wleie dare & Cintsce 2214-13710 
 arrest of convicts on probation (99 v. 341; 
 BOR EUR AROS Ace Gok Sole tris vee ee entet 2213; 13606-1 
 appointment of field officers (99 v. 340)...............4. 2212 
 SAAT Ve Om COOL Vere Li) ureters eeateee chet arta oats (ere ee» wid eS 2215 
 Prosecution and transportation (108 v. Pt. II. 1218) ....138720-13727 
 RESTCEICELOLROILICIAIS (oO) avai OU) mats alclesle se ureter oteteterala sia oie. ore oie 2155 
 Release of prisoners; under general sentence (88 v. 556)...... 2160 
 removal to court; for re-sentence or trial (66 v.118) 18601-13605 
 ASHWIUNESS (LOR Victul o intone rel teteus ois tes ttencce excise eter 18665-13667 
 MM UNIEMBOLVICGR AT ¢ £207 LOE) gay 6 atclainaea ado bativle seen sels AA 2185 
 Reprieve, person under sentence, governor may grant 
 CBRE Ele, tL COTO MENT) 6 Adee cous ce RaW ay ac hale & 4 106-108 
 Restoration of convict to citizenship; at time of release 
 Cease OUO Petar cme tie cuts nee tee a cee ed eee eres 2161 
 DILOLELELCHSE) (GSU TODO). hacen sheseteet ore relates iaitinleie «on 2162 
 Rules and regulations as to conduct of prisoners (88 v. 556)... 2159 
 Sentence to; shall be indeterminate (109 v. 64)............... 2166 
 on probation (See Probation) 
 School may be established (108 v. 278-275)........... 2195-2195-1-8 
 PLONe OUAETY (ao ib toe FOS Wes 1 OG) cis claw cicew slew Ste wel 2233-2235-1 
 CESCHEIPUION MO le lance LO ren LO2) veil OG) rarer wieteterenstyinpetetareienet car. * 
 Transfers; from and to other institutions (103 v. 
 Be ROR LD rere fads eine Ca nate sees vie avon aR em ae ap ee 1841-9; 2095 
 of insane convicts to Lima (103 v. 681; 98 
 soy AH ag i eee eto em ne ag 1841-9-11; 1985 
 Mat ATe TOLnGniLenciga ry: Pout Lt) ic eis «4» s.0-« ale vngis tee ein 2200-2201 
 Vital statistics, physician shall keep record of (75 v.17)...... 2194 
 Weruen anpoiiunen: OF (10a Vs ALL). te oc ods s aca vies wei oats 1842 
 Pensions; mothers’; who entitled to; amount (109 v. 70)......... 1683-2 
 SeNOICLOMe eles LOST Va 1s ) kin o1s «sk ek Wea eee 1683-3-9 
 teachers’ retirement system (108 v. Pt. I. 197) ........... 7896-2-63 
 Plumbing; subject to inspection by St. Board of Health 
 ' PUR Rabel Pere aig ae ay ia a ik hg ck ws fe a WT ee cd, dar Gre 4 1261-3 
 Policemen for state institutions; governor may appoint 
 Ree hie ied fess atc tarda pum Caniy aR eRe Sw US ee 1821-1822 
 Political assessments upon civil service employees unlawful 
 PLU Oe OD Uke op ORM I UC -avaealc. Sov'w crater asclute COO wit Awe «60 are ale’ « 486-23 
 VEC Tg eg ES OT ETUDES 2008 ag ied Ietae 28 Re = 3476-3496 
 county commissioners may contract with cities for mainten- 
 MN COLO OmV TENT liecciers cal eerie cn cies sic cee cices +s 2419-1 
 LOW USDOL ALION LO Ve Als (40 Vy OA) cu oe cic cs wes oaces 5646-5648 
 Printing; public documents (106 v. 514; 109 v. 116) 154-37; 173-2; 2264-1 
 LEE: GE ATID ces BS ee OS Seer ae 754 
 BoraneementrOL MALChIaAlC LUG VexDLO) «cc wecs 6 ep ee gene a sees wis 770 
 jormaye anaes CERIN See, Lo" AE oo SR Ae aoge  eaee 780 and 786 
 
 *Not considered of sufficient permanency to be given a general code number. 
 
22 DEPARTMENT OF PUBLIC WELFARE 
 
 General 
 Code Section 
 Prison labor (See Ohio Penitentiary and Ohio State Reformatory) 
 Data vich oat w ale eee Ohio constitution, Art. II., Section 41 
 Prison made goods to be sold to state and political subdivisions 
 (102 v. 215; 107 v. 422) (See Section 154-37)........ 1846-1847 
 Probation (See individual institutions) 
 what prisoners may be put upon (108 v. Pt. I. 144)........... 13706 
 exceptions thereto:.(99 vi. 340) A5 ice so sole ee eae 13708 
 prisoners sentenced to jail, workhouse or correctional 
 institution; probation: OfiGer.........06<05 +5 ee 13711-13713 
 juvenile delinquents (99: V. 889)" ..<5 is Giese ssn m nee see ees 13707 
 duty-of elerk of courts (99 voSd0) scx «viii. a css ote 13709 
 when. prisoner released. (99. V..d40) s.v5.s cs3.5 5.0.00 sk ous we eee 18710 
 officers; juvenile court; appointment and duties (108 v. 
 Pte-Tle 1164 399 v1 08) oe ee ete ia eal ene ies eee 1662-1663 
 new sentence; revocation of sentence (99 v. 342)....... 13714-13715 
 Prostitution, SUDPression, Of... < . 4.5 vegies seis ce eee 13031-13031-17 
 Purchase of supplies; competitive bidding (102 v. 216)........... 1849 
 for state or its institutions (102 v. 215; 109 v. 116)..... 154-37; 1847 
 Quarry (See Penitentiary) 
 Quarantine; maintenance of persons in (108 v. Pt. I. 249)........ 4436 
 Receipts, miscellaneous (102 v. 220; 104 v. 178; 
 LO06 0755500)? ee ot cna ce ce ee ee erate eer 1864; 24 et seq 
 from Manufacturing and Sales (106 v. 199) ................ 1866 
 Record af: inmates to be kept (102 y. 218). 0% ce ene eee ee 1860 
 REFORMATORY FOR WOMEN, OHIO— 
 Accounts (See Financial Transactions) 
 PNouaapeciifayatcem Ele} ar JUSTIN) yee Ata a scnodoo ouuee 4 unoasoucdod 2184-1 
 Appointment of Superintendent and other employees 
 (106 cv, L380) Maks va ot sas ven Mga ies panera Rake eee 2148-4 
 Control and management (106 v. 120) (101 v. 211)....1842; 2148-2 
 Pardon; recommendation for (106 v. 182) ................. 2148-11 
 Paroles; rules and regulations (106 v. 132) (See Pardon 
 and Parole General, Provisions) )..icc co pene 2148-10 
 appointment of field officers; salary (99 v. 340)..... PAM er PA BS: 
 Probation; persons sentenced may be placed on (110 v. 110) ...13706 
 exceptions-thereto (99. ¥. B40): ja vcre inte ee ee 13708 
 blank forms to be furnished clerk of courts (99 v. 340)..... 2211 
 duty of clerk of courts, (99 -v. 840)... 1.4 see aeee 13709 
 effect. of (D0 v...840)  <.. «oc. .strciue a pipeaceet ee eee 2210 
 Felense:of, (90 v. S41) sadic dang pri eee eee 2214; 13710 
 arrest of convicts on probation (99 v. 341; 103 
 Vc SE) csi voce atlas + eel oe eater 2213; 13606-1 
 appointment of field officers (99 v. 340)...........c0cece 2212 
 salary of (99 y, 341) «.. «scans oe anoue 2215 
 Sentence to; when law is in force (106 v. 180)............0- 2148-5 
 shall -be: general (108 -v,. 671) .% 34.04. vic eee 2148-9 
 
 who shall be sentenced (103 v. 671; 106 v. 130) .. .2148-5-2148-6 
 when sentence to other institutions unlawful (106 v. 131) 2148-7 
 on probation (103 v. 671; 110 v. 110) .........«.. 2148-9; 13706 
 
 Transfers, from Ohio Penitentiary and Girls’ Industrial 
 School (106 v. 131) 
 
LAW BULLETIN 23 
 
 General 
 Code Section 
 REFORMATORY, OHIO STATE— 
 
 Chaplain shall be appointed; duties of; salary, etc. (103 v. 884) 2129 
 
 Control and record of prisoners (103 v. 886) ................ 2135 
 OT Reet ean gg tiptoe a alesse Ale aA Gie a edb’ bo ea 2136 
 Earnings of prisoners (106 v. 199; 103 v. 886).......... 1866; 2138 
 
 Employment of prisoners; assignment of industries; price 
 of labor; classification of institutions and articles to 
 
 DerManuTAcCcUECd | (LU: ver Dal Ge sie a 21.85 ¢ oe ntereleiere « 1845-1847 
 Labor on institution buildings (88 v. 384) ........ccecceccces 2030 
 Detail inmates to labor; develop and encourage occupation 
 
 PLIES 9 0a IE RE A i Sara ie ena Wyk ee Ege REN ge gu 1858-1859 
 
 Manufacturing fund; earnings of prisoners, etc. (106 v. 199).. 1866 
 
 Contract labor prohibited; nature of work; products may 
 be disposed of to state and political subdivisions (102 
 
 PERC SOLO ee le) ten ee aca cae ee ak eee a wee 24 2228-2235 
 Escapes (See General Provisions) 
 
 SGUetEa) teenie Scns (108 Vv. BSG) cs uceawae aa cann ves 2137 
 Non-support; prisoners convicted of shall be credited with 
 
 Riser ao OLUNs SOLO) sieves dk ua av nee eeied baba waa bic 13019 
 
 quarterly reports by Trustees (99 v. 229) ............... 13016 
 Pardon eanoucerion LOT 0107. ¥. 508) ic veve tn ek owaew a edies 92-2-8; 94 
 
 NECOMIMEeENG ATION LOM (LOS Versa) mersieiee miele +e aie lerclel rem cists 2147 
 Parole, Ohio Board of Clemency has jurisdiction (107 v. 600). . 91-93 
 
 Roles and regulations (108 v7 S87). sean dnc eues wees 2141-2143 
 
 violators, arrest and return (103 v. 887; 103 
 
 CT AF i Ree Bend Sik SRA ne ae Te 2134; 13606-1 
 
 parole officers, appointment of (99 v. 340)............... 2212 
 
 Sola rie sa Gos vere Ala cecieercr eta tord acento) vl ureterane eachera reac 2215 
 Probation, person sentenced may be placed on (108 v. Pt. 
 
 RS ia cere ae eae beg asain ag: tad Mhn ey wie MIRA GS A 13706 
 
 SSCS EG THETOtG. (oes CEU) ae oc 6d ws bib eved ame eae ele ace 13708 
 
 blank forms to be furnished clerk of courts (99 v. 340).... 2211 
 
 SITEGtcGPAC GUT AO4O Chloe sa a ales RE ew sldlaw subse Ckma's 2210 
 
 arrest of convict on probation (99 v. 341; 
 
 Mee a LUA Se arate aire sitar Kae GS ‘orm vente Woskel dagale’s 2213; 13606-1 
 
 field officers; appointment of; salary (99 v. 340)..... 2212-2215 
 
 discharge of convict on probation (99 v. 341)........ 2214-13710 
 
 GuivsOteclenks of courts 4099 5v. S40) ices oe ue cakes a 13709 
 Prosecution and transportation (108 v. Pt. II. 1218)... .13720-13727 
 
 meciguea Or nrigoners (109 WiSSS) ssc ceccdendeesceedacceess 2146 
 Sentencesnwhoschall be (103 Vv. SSO). «c<siemueae ccc «0 Gees «cies 2131 
 
 QEEONCOUT ECL AE VE OOO iE ae) noire citereterat els plans’ er avsime Gen eins VAISS: 
 
 Shoallencscrencrol (lUScy GSO) marcus sccm cae cies Asian Sele 2132 
 
 on probation (See Probation) 
 
 GUbGGcO thor ita OL Oa SSG lien care eee cess akisee ween 2134 
 Superintendent, appointment of; salary; duties (102 v. 211)... 1842 
 SUREOM IROL eCREGIESN CLO VaSOGDT sco eit eieene aie ceca aiSia AW ce aes 2145 
 Transfer of prisoners; from Penitentiary and Boys’ 
 
 Industrial School (103 v. 880 and 886)............. 2096; 2139 
 
 to Penitentiary (103 v. 681 and 886)............. 1841-9; 2140 
 
 Pe tneatte Gab O89, 236). wack a sed ciwatecmwns 1841-9; 1985 
 
 meormarimauon-Gode (109 W105) occa icc ec cae 154-1 et seq. 
 
24 DEPARTMENT OF PUBLIC WELFARE 
 
 General 
 Code Section 
 Reports; governor may at any time require detailed reports 
 (106° v... BIA) co aw caw ge saan GRR c es aa0s aap eens ae ae 2266 
 to Secretary of State (65 Vi92) oct cies snene este e eee ee 174 
 annual; contents of; arrangement of matter in 
 
 (106-9518 3 109 vo 11 Oy oe co ee eee 1870; 2264-1; 154-22 
 must be approved by printing commission (106 v. 508; 
 
 109: 9)" 118) es cctay oe beeen Sate eee eles 173-2; 154-37 
 Hindime of (LOG voBLTY 3 25%.. nva a seo eee ee ce ee ee 779; 780 
 number Of (106; ve BIA) ac erccaus hesecletn seine eens cae aan reece 2268 
 disposal of undistributed reports (107 v. 459)................ 779-3 
 
 Road building; by prison labor (See Employment of Prisoners) 
 Rules and regulations, Department of Public Welfare may make 
 
 (LOR Wee BUD) aes ke wie oe tel es are Wks a ee er 1853 
 Salaries; of institutional employees (102 v. 215) ................ 1842 
 departmental employees (109 v. 109; 107 v. 508)....... 154-19; 2255 
 elective and appointive State officers (109 v. 128)........ 2248 ; 2250 
 SANATORIUM, OHIO STATE— 
 
 Admission of ‘patients; limitations (99 v. 285) ...........06. 2055 
 who. may’ be admitted (10S ‘v, 612 .<cevcons ue wea ae 2068 
 probation period (99: vy 286) adic funk ye te ee ieee 2069 
 
 Control: of (102°¥, ZUL).. <4 doh cane ek ee ee 1835 
 
 Gifts, legacies; eta,! (09:9) 287) i vinden ola oan eaten 2071 
 
 Name and purpose of Sanatorium (99 v. 285)...........eeee0. 2054 
 
 Ount-door labor furnished (99-y; 287)=. sesnwwiosneee ee ee 2070 
 
 pupport of. patients; rate (108 v¥. Pt.1. 611) + ween va eee 2068 
 investigation; collection (108 v. Pt. I. 611)............ 1815-13 
 when county shall-pay (108 v. Pt. T6811)... sneeee see 1815-14 
 certain counties not required to (106 v. 559)........... 1815-15 
 
 Schools, state institutions; course of study; inspection of by 
 Superintendent of Public Instruction; qualifications of 
 teachers in (100 W, 240) ..¢-.:c3its siete se oe oe 1815-1-2-3 
 
 School buildings, use of for other than school purposes 
 C1OG», ¥.° B52) is cn krone vidi. 5 puker makita ee arn 7622-1-7622-7 
 
 Inmates of county and district children’s homes shall have 
 advantages of public schools (107 v. 61) ..........0. 7676-7681 
 
 Special schools for deaf, blind and crippled (109 v. 257) ..7755-7781 
 Sewage system, approval by State Board of Health (99 v. 494).... 1240 
 Sewer connections by State institutions and municipalities 
 
 W208 ‘V. GOB): os 00 0 vcceu hobo eee see eee 1809-1 
 Social: centers: (108 v, 755) ..scsd4 desk ve ee eee 2457-3 
 School buildings used as (106 v. 551) ..........eeee- 7622-1-7622-7 
 
 SOLDIERS’ AND SAILORS’ HOME, OHIO— 
 
 Admission to. Homé (107 v; 617) cs.c cena a anee eee 1909 
 who shall have preference (89 v. 39) ........eececcecces 1911 
 Epileptics; separate quota of (93 v. 419)..........ceceeeees 2042 
 Establishment of Home (83 v. 107) ........cecceccecccccees 1905 
 Inspection by U. S. Officials (89 v. 40)......cccccccccecccces 1910 
 Insane persons shall not be admitted (98 v. LAB ic estes ree 1913 
 proceedings when inmate becomes insane (89 v. AT; 
 88 y. 189; 98: v.80). Aaeaenme ase eo eee 1914-1918 
 
LAW BULLETIN 25 
 
 General 
 Code Section 
 Transportation: expenses of (99°v: 323)... ccc cceceeecsces 1912 
 UO OIE MIDOC Se (LURAY eA d ) outeals svc sae bed ead nese dese 1815 
 Soldiers’ and Sailors’ Orphans’ Home (109 v. 128; 94 v. 88) . .1931-1946-4 
 DeneliLy .Or iauee OL Droperty Of (T6-VoLTL) 2 wiccews sc aeceees 12884 
 official of shall not be interested in contract (76 v. 171) ....12913 
 Soldiers’ Relief Commission, County (107 v. 26; 99 v. 526)... .2930-2942 
 eerciers Burial plot. (102 v.76; 108 v.'146) 6 isc aiees odes 2943-2949-4 
 PS DP OVinIOn tO CLOW Ue OLD) 5 oix ax alee clot date ve thee Be a 2950-2957 
 Soliciting money or thing of value from inmate prohibited 
 RN eriicm: Malate on a Ge Rte wedi aca tet vain «fh a dee DR elena GIR Es is SHO 12838-1 
 streets, etc., over lands of public institutions .........cecececre 23 
 SRG GMD VERITLSULOLLELOMG parol trsrais eras en ale cists cane! one Sheen Suds ola se aie oe 1814 
 Superintendents of State institutions; appointment of employes, 
 Pee ec Lr ere, ves. tein fa Cl ohn Gig sk a a OA Wine eso a cme pl av gel Ghee 1842 
 Support of inmates of State institutions (See individual institutions) 
 Supplies, purchase of (109 v. 116) (102 v. 211)............ 154-37; 1849 
 Mianutactured by convict labor (08 Vo ISL) occa deus ore cwie csi 2243 
 for political divisions and institutions; estimates of 
 supplies needed shall be made to Department (102 v. 
 PA ELD Metta ae tm. tay otlnisixty Maas 44,5 aa on nea s wea ee ee 1854-1847 
 Taxation, property exempt from; public institutions (99 v. 449).... 5349 
 SEG Nigel MIEN oat 2 ea ea 0 ee a aye 5351 
 MCLE Tice RISO EN LUGE. aE PO), 0 ty chorale a higis share the Ale ae eS os 5353-1 
 lands and buildings for support of poor (108 v. 548)......... 5353 
 Teachers, in schools of State institutions, qualifications of 
 LORE EC Do nraiae trate Dat has SAC ale ata) gdh eta chet Ge Wald MGM MG WS AME WTO 1851-1-2-3 
 Periremencsveten) -( L0G /vc. Pts dy LO 0) se one ss Seow ween 7896-2-63 
 rms Vasant ( (G60. FOR s 102 Ver BOO) <.-Uielvaes css bce cle 18408; 18409 
 Transfers, from one insane hospital to another (108 v. 447) . .1841-9; 1952 
 to or from other institutions (103 v. 681-2)......... 1841-9-10-11-12 
 from insane hospital to Lima (103 v. 448; 98 v. 328)...... 1993-1994 
 from Reformatory and Penitentiary to Lima (103 v. 
 Bere Aang Man Dan Gees S gid haieerra wal gs wie oes AUN Bb aes 1841-9-11; 1985 
 * 
 
 Transfers of funds (See Current appropriation bill).............. 
 Trespassing on State institution grounds, etc. (97 v. 307) ..12839; 15306 
 Trusts, charitable and educational, Attorney General to enforce.... 340 
 
 Tuberculosis (See Sanatorium, Ohio State) 
 hospitals authorized in certain counties (110 v. 43) 
 
 IL RC @ bE a ee ee ae Ae) ee ee 3139-3153-7 
 PECUCatlOnLOLechliaren an Cll Or vs 12e))) ccm oe atelecier< els) cele’ a) oie) © 7644-2 
 Wards of the state, what minors considered (103 v. 175)......... 1841-1 
 Water supply, approval by State Board of Health (99 v. 494)..... 1240 
 
 Water, furnished free to certain institutions by water works. .3963; 14769 
 Welfare, State Department of, establishment of (109 v. 124) ...154-57-58 
 
 COnLERCHCOM (tl USt Ge Galena 2 Utuke eo: cihestieeis We ceaeeiduerts eel ais’s 1356 
 expences in attendance at (100 vi G4). 2c ce bcc taes 1357 
 Mearenouseds (110 g.. 13% 92. vo-S69s, GA vi TOG) woe ee cleans 4128-4153 
 Workshops and Factories and Public buildings, inspection of 
 (RIOT DASE ats Bai oe hay CORO TIE Cicer eRe en naa 1031-1037 
 shall enforce laws pertaining to employment of minors 
 CG ete a te oe EOC ees Winns ts dev aie wipe Ot 12992 
 
 *Not considered of sufficient permanency to be given a general code number. 
 
LAWS OF OHIO 
 
 RELATING TO BENEVOLENT, CORRECTIONAL AND PENAL 
 INSTITUTIONS—COMPILED FROM THE GENERAL CODE 
 
 OCTOBER, 1923 
 
 SECTION 1. Oath includes affirmation. The word “oath” includes 
 affirmation. When an oath is required or authorized by law, an affirma- 
 tion in lieu thereof may be taken by a person having conscientious 
 scruples to taking an oath. An affirmation has the same force and effect 
 asan oath. (51 v. 57.) 
 
 SECTION 2. All officers must take an oath of office. Each person 
 chosen or appointed to an office under the constitution or laws of the state, 
 and each deputy or clerk of such officer, shall take an oath of office before 
 entering upon the discharge of his duties. The failure to take such oath 
 shall not affect his liability or the liability of his sureties. (Revised 
 Statutes of 1880.) 
 
 SECTION 7. An office is vacant if the person does not qualify. A 
 person elected or appointed to an office who is required by law to give a 
 bond or security previous to the performance of the duties imposed on 
 him by his office, who refuses or neglects to give such bond or furnish such 
 security, within the time and in the manner prescribed by law, and in all 
 respects to qualify himself for the performance of such duties, shall be 
 deemed to have refused to accept the office to which he was elected or 
 appointed, and such office shall be considered vacant and be filled as pro- 
 vided by law. (R.S. Sec. 19.) 
 
 SECTION 8. Officers to hold till successors quailfied. A person 
 holding an office of public trust shall continue therein until his successor 
 is elected or appointed and qualified, unless otherwise provided in the 
 constitution or laws. (Revised Statutes of 1880.) 
 
 SECTION 12. Vacancy in appointive state office, how filled. When 
 a vacancy in an office filled by appointment of the governor, with the 
 advice and consent of the senate, occurs by exviration of term or other- 
 wise during a session of the senate, the governor shall appoint a person 
 to fill such vacancy and forthwith report such appointment to the senate. 
 If such vacanacy occurs when the senate is not in session, and no appoint- 
 ment has been made and confirmed in anticipation of such vacancy, the 
 governor shall fill the vacancy and report the appointment to the next 
 session of the senate, and, if the senate advise and consent thereto, such 
 appointee shall hold office for the full term, otherwise a new appointment 
 shall be made. (77 v. 18.) 
 
 SECTION 13. Governor may remove appointee. When not other- 
 wise provided by law, an officer who holds his office by appointment of 
 the governor with the advice and consent of the senate, may be removed 
 from office by the governor with the advice and consent of the senate, if 
 it be found that such officer is inefficient or derelict in the discharge of 
 his duties or that he has used his office corruptly. If, in the recess of 
 
 26 
 
LAW BULLETIN 27 
 
 the senate, the governor be satisfied that such officer is inefficient or 
 derelict or corrupt, he may suspend such officer from his office and report 
 the facts to the senate at its next session. If in such report the senate 
 so advise and consent, such officer shall be removed, but otherwise he shall 
 be restored to his office. (80 v. 85.) 
 
 SECTION 14. Vacancy in case of removal by governor. In case of 
 such suspension of an officer, the governor shall designate a person to 
 perform the duties of the office during the period of such suspension. 
 The person so designated shall give bond and take the oath of office, and 
 during the time he performs the duties of the office he shall receive the 
 full emoluments thereof, no part of which shall, for such time, go to 
 such suspended officer. If the suspended officer be removed or his term 
 expires before the action of the senate, a new appointment shall be made. 
 (80 v. 85.) 
 
 SECTION 17. Debts not to be contracted without authority. An 
 officer or agent of the state or of any county, township or municipal 
 corporation, who is charged or intrusted with the construction, improve- 
 ment or keeping in repair of a building or work of any kind, or with the 
 management or providing for a public institution, shall make no contract 
 binding or purporting to bind the state, or such county, township or 
 municipal corporation, to pay any sum of money not previously ap- 
 propriated for the purpose for which such contract is made, and remain- 
 ing unexpended and applicable thereto, unless such officer or agent has 
 been duly authorized to make such contract. If such officer or agent 
 makes or participates in making a contract without such appropriation 
 or authority, he shall be personally liable thereon, and the state, county, 
 township or municipal corporation in whose name or behalf the contract 
 was made, shall not be liable thereon. (54 v. 77, pp. 1, 2.) 
 
 SECTION 17-1. Number of hours constituting a day’s work; week’s 
 work. Except in case of extraordinary emergency, not to exceed eight 
 hours shall constitute a day’s work and not to exceed forty-eight hours 
 a week’s work, for workmen engaged on any public work carried on or 
 aided by the state, or any political subdivision thereof, whether done by 
 contract or otherwise; and it shall be unlawful for any person, corpora- 
 tion or association, whose duty it shall be to employ or to direct and con- 
 trol the services of such workmen, to require or permit any of them to 
 labor more than eight hours in any calendar day or more than forty-eight 
 hours in any week, except in cases of extraordinary emergency. This 
 section shall be construed not to include policemen or firemen. (108 v. 
 Pt. 7286.) 
 
 SECTICN 18. Gifts, devises and bequests to public authorities. The 
 state, a county, township or cemetery association, the commissioners or 
 trustees thereof, a muncipal corporation, the council, a board or other 
 officers thereof, a benevolent, educational, pena! or reformatory institu- 
 tion, wholly or in part under the control of the state, the board of direc- 
 tors, trustees or other officers thereof, may receive by gift, devise or 
 bequest, moneys, lands or other properties, for their benefit or the benefit 
 of any of those under their charge, and hold and apply the same accord- 
 ing to the terms and conditions of the gift, devise or bequest. This sec- 
 
28 DEPARTMENT OF PUBLIC WELFARE 
 
 tion shall not affect the statutory provisions as to devises or bequests for 
 such purposes. (78 v. 109.) ‘ 
 
 SECTION 20. Report of claims in favor of the state to auditor. 
 When an officer or agent of the state comes into possession of a claim 
 due and payable to the state, he shall demand payment thereof, and on 
 payment have the amount duly certified into the state treasury. If he 
 fails to collect such claim within thirty days after it comes into his pos- 
 session, he shall certify it to the auditor of state, specifying the transac- 
 tion out of which it arose, the amount due, the date of maturity, and the 
 time when payment was demanded. The auditor of state shall not issue 
 his warrant on the treasurer of state for the salary of any such officer 
 or agent of the state until the provisions of this section are complied with. 
 (107 v. 546.) 
 
 SECTION 21-1. Inventory of state property. That the officers in 
 charge of all state departments, and the board of each state institution, 
 shall cause a full and accurate inventory, in duplicate, to be taken at the 
 close of each fiscal year, which shall specify all the various kinds of per- 
 sonal property and the value thereof, the number of acres of land, and the 
 value thereof, the number and kind of buildings, and the value thereof. 
 Said inventory to be made for the board of each state institution by the 
 officer in charge thereof; which inventory shall be signed by such officer in 
 charge of each state department, and by the officer making the same for the 
 board of each state institution. Such inventory shall be certified as being 
 correct by the officer in charge of each state department, and by the board 
 of each state institution for which said inventory is made; one copy of 
 which shall be made in a proper record book to be kept for that purpose 
 in each state department and institution returning said inventory; the 
 other shall be filed in the office of the auditor of state on or before the 
 fifteenth day of December following. A summary of each inventory made 
 shall be published in the report of the institution of that year and a 
 sufficient number of copies furnished the secretary of state in the follow- 
 ing December for each member of the general assembly; and not less than 
 fifty copies for the governor of the state. Provided, further, that each 
 officer in charge of all state departments, and the board of each state 
 institution shall file with the auditor of state in the month of September 
 nineteen hundred and eleven a complete inventory as herein described. 
 (102 v. 275.) 
 
 SECTION 23. Street, etc., over lands of public institutions. A street, 
 alley or road shall not be laid out or established through or over the lands 
 belonging to a public institution of the state without the special permis- 
 sion of the general assembly. (49 v. 119.) 
 
 SECTION 23-1. Sales and leases of state lands shall reserve all oil, 
 gas, coal and other minerals: exception. All sales and leases of public 
 or other state lands, except canal lands other than reservoirs and lands 
 appurtenant and adjacent to reservoirs, shall exclude all oil, gas, coal or 
 other minerals on or under such lands, except lands specificially leased 
 for such purposes separate and apart from surface leases, and all deeds © 
 for such lands executed and delivered by the state shall expressly reserve 
 to the state all gas, oil, coal or other minerals on or under such lands 
 
LAW BULLETIN 29 
 
 with the right of entry in and upon said premises for the purpose of sell- 
 ing or leasing the same, or prosecuting, developing or operating the same 
 and this provision shall affect and apply to pending actions. (106 v. 245.) 
 
 SECTION 24. Fees and moneys to be paid into state treasury, 
 weekly. On or before Monday of each week every state officer, state in- 
 stitution, dpartment, board, commission, college, normal school or 
 university receiving state aid shall pay to the treasurer of state all 
 moneys, checks and drafts received for the state, or for the use of any 
 such state officer, state institution, department, board, commission, col- 
 lege, normal school or university receiving state aid, during the preceding 
 week, from taxes, assessments, licenses, premiums, fees, penalties, fines, 
 costs, sales, rentals, or otherwise and file with the auditor of state a 
 detailed, verified statement of such receipts. Where tuitions and fees 
 are paid to the officer or officers of any college, normal school or univer- 
 sity receiving state aid, said officer or officers shall retain a sufficient 
 amount of said tuition fund and fees to enable said officer or officers to 
 make refunds of tuition and fees incident to conducting of said tuition 
 fund and fees. At the end of each term of any college, normal school or 
 university receiving state aid the officer or officers having in charge said 
 tuition fund and fees shall make and file with the auditor of state an item- 
 ized statement of all tuitions and fees received and disposition of thie 
 same. (104 v. 178.) 
 
 OHIO BOARD OF CLEMENCY 
 
 SECTION 86. Appointment of members. There is hereby created the 
 Ohio board of clemency to be composed of two members to be appointed 
 by the director of public welfare with the approval of the governor 
 within thirty days after this act goes into effect. So far as may be, both 
 members shall be selected with regard to ability, character and personal 
 fitness for the duties devolving upon them under the provisions of this 
 act. The members shall be selected from different appellate judicial dis- 
 tricts of the state and shall be of different political affiliation. One mem- 
 ber of the board shall be an attorney-at-law and duly admitted to prac- 
 tice in the courts of the state. One member shall be appointed for the 
 term of two years and one for four years, and thereafter each member 
 shall be appointed for a term of four years. Whenever a vacancy occurs 
 in the board the director of public welfare, with the approval of the 
 governor shall appoint a new member of the same political party as his 
 predecessor, for the new term or the unexpired term as the case may be. 
 Each member of the board shall live in Columbus while holding this 
 office and shall give his entire time to his officiai duties. (110 v. 327.) 
 
 SECTION 87. Oath of office, bond and salary. Prior to the assump- 
 tion of his duties hereunder, each member shall take the constitutional 
 oath of office and furnish bond to the state in the sum of five thousand 
 dollars for the faithful discharge of the duties imposed upon him by 
 law. The bond, when approved by the director of public welfare, with 
 the approval of the governor, shall be filed with the secretary of state, 
 and if executed by a surety company the premium therefor paid out of 
 
30 DEPARTMENT OF PUBLIC WELFARE 
 
 funds appropriated for the expenses of the Ohio board of clemency. Each 
 member shall receive a salary of four thousana five hundred dollars per 
 year, payable semi-monthly on vouchers drawn by the secretary and ap- 
 proved by the board. Each member shall be entitled to receive his actual 
 traveling expenses incurred on official business. Such expenses shall be 
 audited and paid in the same manner as the expenses of other state 
 officers are audited and paid. (110 v. 327.) 
 
 SECTION 88. Removal of member. After opportunity to be heard, 
 the director. of public welfare, with the approval of the governor, may 
 remove any member of the Ohio board of clemency for conduct unbecom- 
 ing an officer of the state, whether criminal or otherwise. (110 v. 322.) 
 
 SECTION 89. Appointment of secretary. The Ohio board of clem- 
 ency may appoint a secretary whose duties shall be prescribed and com- 
 pensation fixed by the board. Such compensation shall be paid in the 
 same manner as the compensation of other state employes. In the event 
 of disagreement between the members of the board, the secretary shall be 
 appointed by and his salary fixed by the director of public walfare with 
 the approval of the governor. (110 v. 327.) 
 
 SECTION 90. Office quarters provided. Suitable office quarters shalJ 
 be provided for the Ohio board of clemency in the administration build- 
 ing of the Ohio penitentiary, and such board shall be provided with neces- 
 sary office furniture and supplies for the performance of duties imposed 
 upon it by law. It shall also employ necessary assistants, clerks and 
 stenographers to assist in the performance of the duties imposed upon it 
 by law, and, subject to the approval of the director of public welfare, 
 with the approval of the governor, fix the salaries or compensation of 
 such employes. Upon vouchers approved by the board such salaries or 
 compensation shall be paid semi-monthly by the treasurer of state upon 
 the warrant of the auditor of state. (110 v. 328.) 
 
 SECTION 91. Powers and duties. The Ohio board of clemency shall 
 have all the powers and enter upon the performance of all the duties 
 conferred by law upon the board of pardons. (107 v. 599.) 
 
 SECTION 92. Board supersedes Ohio board of administration in 
 release, parole and probation. Upon the appointment of the members of 
 the Ohio board of clemency as hereinbefore provided, and their qualifica- 
 tion, such board shall supersede and perform all of the duties now con- 
 ferred by law upon the Ohio board of administration with relation to the 
 release, parole, and probation of persons confined in or under sentence 
 to the penal or reformatory institutions of Ohio; and thereafter the said 
 Ohio board of clemency, shall be vested with and assume and exercise 
 all powers and duties in all matters connected with the release, parole or 
 probation of persons confined in or under sentence to the penal institu- 
 tions of Ohio now cast by law upon the said Ohio board of administration. 
 The parole officers of the several penal institutions of the state shall be 
 appointed by and subject to the direction and supervision of the manag- 
 ing officers of the institutions herein named. (107 v. 600.) 
 
 SECTION 92-1. Meetings of board. Except during the month of 
 August, the Ohio board of clemency shall meet once each month at each 
 
LAW BULLETIN 31 
 
 of the penal institutions of the state for the consideration of applications 
 for clemency. (107 v. 600.) 
 
 SECTION 92-2. Consideration of applications; recommendations to 
 governor. All applications for clemency shall be made to the Ohio board 
 of clemency and shall be given careful consideration by such board; and 
 written arguments for and against such applications may be heard at any 
 regular meeting of the board, subject to such rules and limitations as the 
 board may prescribe. When a pardon or commutation is recommended 
 to the governor by the board it shall be in writing, with reasons therefor 
 fully and plainly set out; no such recommendations shall be made except 
 upon concurrence of both members of the board. No parole granted by 
 the board shall go into effect until the expiration of fifteen days from 
 the making thereof and shall be subject to revocation at the discretion 
 of the board; this requirement may be disregarded only on a physician’s 
 certificate of imminent danger of death or severe illness, or upon the order 
 of the governor. (107 v. 600.) 
 
 SECTION 92-3. Form of application; liberal construction. There 
 shall be but one form of application to the Ohio board of clemency which 
 shall be a general application for clemency, and shall be liberally con- 
 strued in the interest of substantial justice, and acted upon as an appli- 
 cation for the relief which the board in its discretion deems proper. 
 The board shall provide all necessary forms and blanks for application 
 for clemency. (107 v. 600.) 
 
 (For “State board of pardon,” read “Ohio board of clemency.’’) 
 
 SECTION 93. Governor may ignore recommendation of board. Not- 
 withstanding the action of the state board of pardons, the governor may 
 grant or reject an application for a pardon, commutation of sentence, or 
 reprieve, if in his judgment the public interests would be promoted 
 thereby. (85 v. 190.) 
 
 SECTION 94. Application for pardon or commutation. Application 
 for the pardon of any person convicted of an offense, and sentenced to 
 punishment, or for the commutation of such sentence, shall be made in 
 the manner and under the restrictions hereinafter prescribed. (66 v. 
 287.) 
 
 SECTION 95. Notice of application to prosecuting attorney. Notice 
 of the application for a pardon or commutation shall be given by or on 
 behalf of the applicant to the prosecuting attorney of the county in which 
 the indictment was found against him, at least three weeks before such 
 application is considered by the board of pardons or the governor. A 
 copy of the notice, acknowledged by the prosecuting attorney, or certified 
 under oath of a creditable witness to be a true copy thereof, shall accom- 
 pany each application to the board of pardons, and be transmitted by it 
 with its recommendation to the governor. (85 v. 188, 191.) 
 
 SECTION 96. Notice of application to be published. A notice of 
 such application, setting forth the name of the person on whose behalf 
 it is made, the crime of which he was convicted, the time of conviction 
 and term of sentence, shall be published in a newspaper printed and of 
 general circulation in such county, at least three weeks before the board 
 of pardons or the governor shall consider the application; but, in case the 
 application is for the pardon or commutation of sentence of a person 
 L B Sig 3 
 
32 DEPARTMENT OF PUBLIC WELFARE 
 
 sentenced to capital punishment, the governor may modify the require- 
 ments of such publication if there is not time sufficient for compliance 
 therewith before the date fixed for the execution of sentence. (85 v. 188.) 
 
 SECTION 97. Duty of prosecuting attorney. After the service of the 
 notice upon the prosecuting attorney of the proper county, he shall make 
 and forward forthwith to the board of pardons and the Ohio Board 
 of Administration, at Columbus, a statement of the time of trial and 
 conviction, and the date and term of sentence of the person in whose 
 behalf the application for parole, pardon or commutation is made, 
 with a brief statement of any circumstances in aggravation or extenua- 
 tion appearing in the testimony in such trial. 
 
 The board of pardons shall transmit such statement with its recom- 
 mendations to the governor. (103 v. 490.) See G. C. Sec. 90, et seq.* 
 
 SECTION 98. Pardon of convict when death is imminent. The gov- 
 ernor may dispense with any or all of the foregoing provisions governing 
 the granting of pardons if it is made to appear that there is imminent 
 danger of the death of a person imprisoned in the penitentiary, by cer- 
 tificate of the physician thereof or otherwise, and the warden recommends 
 the pardon of such convict, or if the warden and directors recommend the 
 pardon of a convict and make a statement of their reasons therefor. 
 (66 v. 287.) . 
 
 SECTION 99. Pardon or commutation of sentence may be on con- 
 ditions. A pardon or commutation of sentence may be granted upon such 
 conditions as the governor may impose, which shall be stated in the war- 
 rant; but such pardon or commutation shall not take effect until the con- 
 ditions so imposed are accepted by the convict and his acceptance indorsed 
 upon the warrant, signed by him, and attested by one witness. In, case. of 
 commutation of sentence, such witness shall go before the clerk of the 
 court in whose office the sentence is recorded and prove the signature of 
 the convict. The clerk shall thereupon record the warrant, indorsement, 
 and proof in the journal of the court, which record, or a certified trans- 
 cript thereof, shall be evidence of such commutation, the conditions 
 thereof and the acceptance of the conditions. (79 v. 122.) 
 
 SECTION 100, Copy of record received as evidence. Warrants of 
 pardons shall be issued in duplicate, one copy given to the convict, and 
 one filed in the office of the clerk of the penitentiary. Conditional pardons 
 shall also be recorded by the clerk of the penitentiary in a book provided 
 for that purpose, which record shall embrace the endorsements thereon. 
 A transcript of a recorded case, certified by the warden and attested. by 
 the clerk of the penitentiary, or a copy of a filed warrant and the endorse- 
 ments thereon, so certified and attested shall be received as evidence of the 
 facts stated therein. (79 v. 122.) 
 
 SECTION 101. Violations of conditions of pardon. A violation of 
 the conditions of a pardon shall constitute a forfeiture of the pardon and 
 render the person pardoned liable to recommitment to the penitentiary to 
 serve the remainder of his sentence as though he had not been pardoned. 
 Upon written request of the governor, the prosecuting attorney of the 
 county in which the violation occurred shall file an information thereof 
 
 (*Under amended law, such statement should be sent to Ohio Board of Clemency.) 
 
LAW BULLETIN 33 
 
 in the office of the probate judge of the county, who shall thereupon issue 
 a warrant to the sheriff commanding him to pursue and arrest the person 
 named in the information, wherever he may be found within the state, 
 and bring him into court for examination upon the charge. (79 v. 122.) 
 
 SECTION 102. Recommitment of convict. The prosecuting attorney 
 shall also demand and receive from the warden of the penitentiary the 
 evidence required in cases of conditional pardon, and, upon such examina- 
 tion, if the charge set forth in the information is sustained, the probate 
 judge shall issue a warrant to the sheriff, commanding him to deliver the 
 convict into the custody of the warden of the penitentiary to serve the 
 remainder of his sentence. Before a convict who has received a condi- 
 tional pardon leaves the penitentiary, the warden shall furnish him a 
 copy of this and the preceding sections relating to conditional pardons 
 and explain the provisions thereof. (79 v. 122.) 
 
 SECTION 103. Costs of arrest and examination of convict. The 
 probate judge shall prepare and approve under his official seal a bill of 
 the costs of the arrest and examination of a convict, which the sheriff 
 shall deliver to the warden of the penitentiary. The warden shall allow 
 so much thereof as he finds in accordance with law and certify such 
 amount to the auditor of state, who shall draw. his warrant in favor of 
 the sheriff upon the treasurer of state for its payment from the appropri- 
 ation for the prosecution and transportation of convicts. (79 v. 122.) 
 
 SECTION 104. Proceedings when conditional pardon requires con- 
 finement in penitentiary. When one of the conditions of a pardon or 
 commutation specified in the warrant requires the person in whose favor 
 it is granted to be confined in the penitentiary for life or a definite time, 
 the sheriff, or other officer having the person in custody, shall convey him 
 to the penitentiary in the manner in which convicts are required by law 
 to be conveyed. The warden shall receive such person and warrant and 
 proceed with him as the warrant directs. The expenses of his transporta- 
 tion shall be allowed and paid as in other cases. (66 v. 287.) 
 
 SECTION 105. Proceedings when convict becomes insane. If a 
 representation is made to the board of pardons that a convict is insane or 
 pregnant, the board shall make careful inquiry, and, if the facts so re- 
 quire, recommend to the governor the exercise of executive clemency. 
 The governor may without notice pardon such convict, commute the 
 sentence, or suspend its execution for a definite period or from time to 
 time, as he deems proper. The governor, in case of commutation or sus- 
 pension, may, by his warrant to the proper officer, order the convict to be 
 confined in the penitentiary, or jail, or conveyed to an asylum for the 
 insane or hospital for treatment. When the purpose has been accom- 
 plished for which any sentence has been suspended, the remaining sen- 
 tence shall thereupon be executed. (85 v. 188, 191.) See G. C., Sec. 
 91, et seq. 
 
 SECTION 106. Reprieves. The governor may grant a reprieve for a 
 definite time to a person under sentence of death, without notice or ap- 
 plication; but the board of pardons, having considered an application for 
 a reprieve, may recommend to the governor that it be granted or re- 
 jected. (85 v. 188,191.) See G. C., Sec. 91, et seq. 
 
34 DEPARTMENT OF PUBLIC WELFARE 
 
 SECTION 107. Proceedings if reprieved is to be confined in peni- 
 tentiary. When the governor directs in the warrant of reprieve that the 
 prisoner be confined in the penitentiary for the time of the reprieve or 
 any part thereof, the sheriff or other officer having the prisoner in custody 
 shall convey him to the penitentiary in the manner provided by law for 
 the conveyance of convicts, and the warden shall receive such prisoner 
 and warrant and proceed as the warrant directs. At the expiration of 
 the time specified in the warrant for the confinement of the prisoner in 
 the penitentiary, the warden shall redeliver him to the sheriff or other 
 officer to be dealt with according to the sentence as modified by such war- 
 rant of reprieve. (66 v. 287.) 
 
 SECTION 108. Warrant of reprieve to be recorded. On receiving 
 the warrant of reprieve, the sheriff or other officer having custody of the 
 person reprieved shall present it forthwith to the clerk of the court in 
 which the sentence is recorded, who shall thereupon record the warrant in 
 the journal of the court. (66 v. 287.) 
 
 ADMINISTRATIVE CODE 
 
 Reorganizing the Several Departments of State 
 
 (The full text of this code is printed, although much of it has no 
 reference to the Department of Public Welfare.) 
 
 AN ACT 
 
 ‘To establish an administrative code for the state, to abolish certain offices, 
 to create new administrative departments and redistribute among 
 them existing administrative functions, and for such purposes enact- 
 ing Chapter Ia of the Division I, Title III, Part First of the General 
 Code, consisting of sections 154-1 to 154-58, inclusive, amend- 
 ing sections 243, 321, 496, 710-6, 840, 1170, 1171, 1172, 1173, 
 1178, 1233, 1261-2, 1807, 1857, 1931-1, 2248, 2250, 2288-1, 2312, 
 2313 and 7939 of the General Code, enacting supplemental sections 
 2249-1 and 7931-1 of the General Code, and repealing sections 86, 87, 
 88, 89, 90, 146, 147, 148, 149, 150, 151, 152, 153, 154, 196-1, 196-2, 
 196-3, 196-16, 196-18, 199, 242-1, 242-2, 270-1, 270-4, 270-5, 367-3, 
 367-4, 403-1, 406, 408, 409, 498, 615, 616, 618, 619, 620, 674, 675, 744-14, 
 744-15, 744-16, 744-17, 744-19, 744-20, 744-28, 746, 747, 752, 788, 789, 
 790, 791, 798-2, 798-4, 798-8, 799, 800, 801, 820, 821, 822, 823, 842, 
 844, 845, 848, 871-46, 871-47, 905, 982, 1079, 1079-1, 1080, 1081, 1083, 
 1084, 1087, 1087-2, 1088, 1089, 1089-1, 1099, 1123, 1171-2, 1171-3, 
 1177-22, 1177-23, 1177-24, 1177-25, 1179, 1180, 1188, 1232-1, 1233-1, 
 1236-2, 1261-1, 1440, 1465-8, 1465-43, 1808, 1809, 1833, 1834, 1836, 
 1837, 1841-7, 1861 and 5227 of the General Code and to declare an 
 emergency. 
 
 Be it enacted by the General Assembly of the State of Ohio: 
 
 SECTION 1. Chapter la of Division I, Title III, Part First of the 
 
 General Code, consisting of sections 154-1 to 154-58, inclusive, and en- 
 
 titled “ADMINISTRATIVE CODE”, is hereby enacted, as follows: 
 
LAW BULLETIN 35 
 
 SECTION 154-1. Powers of Governor. In order that the governor 
 may exercise the supreme executive power of the state vested in him by 
 the constitution and adequately perform his constitutional duty to see 
 that the laws are faithfully executed, the administrative functions of 
 the state are organized as provided in this chapter. 
 
 Powers of other officers. All powers vested in and duties imposed 
 upon the lieutenant governor, the secretary of state, the auditor of state, 
 the treasurer of state and the attorney general by the constitution and 
 th laws shall continue except as otherwise provided by this chapter. 
 (109 v. 105.) 
 
 SECTION 154-2. Definition of terms. As used in this chapter: 
 
 “Department” means the several departments of state administra- 
 tion enumerated in section 154-3 of the General Code. 
 
 “Division” means a part of a department established as provided in 
 section 154-8 of the General Code, for the convenient performance of one 
 or more of the functions committed to a department by this chapter. 
 
 The phrase “departments, offices and institutions” includes every 
 organized body, office and agency established by the constitution and 
 laws of the state for the exercise of any function of the state govern- 
 ment, and every institution or organization which receives any support 
 from the state. (109 v. 105.) 
 
 SECTION 154-3. Administrative departments created. The follow- 
 ing administrative departments are created; 
 
 The department of finance, which shall be administered by the 
 director of finance, hereby created; 
 
 The department of commerce, which shall be administrated by the 
 director of commerce, hereby created; 
 
 The department of highways and public works, which shall be ad- 
 ministered by the superintendent of public works as director thereof; 
 
 The department of agriculture, which shall be administered by the 
 director of agriculture, hereby created; 
 
 The department of health, which shall be administered by the director 
 of health, hereby created; 
 
 The department of industrial relations, which shall be administered 
 by the director of industrial relations, hereby created; 
 
 The department of education, which shall be administered by the 
 superintendent of public instruction, as director thereof; 
 
 ‘The department of public welfare, which shall be administered by 
 the director of public welfare, hereby created. 
 
 The director of each department shall, subject to the provisions of 
 this chapter, exercise the powers and perform the duties vested by law 
 in such department. (109 v. 105.) 
 
 SECTION 154-4. Appointment of directors. Each director whose 
 office is created by section 154-3 of the General Code shall be appointed 
 by the governor by and.with the advice and consent of the senate, and 
 shall hold his office during the pleasure of the governor. (109 v. 106.) 
 
 SECTION 154-5. Assistant directors; vacancies. In each depart- 
 ment there shall be an assistant director, who shall be designated by 
 the director to fill one of the offices within such department, enumerated 
 
36 DEPARTMENT OF PUBLIC WELFARE 
 
 in section 154-6 of the General Code, or as the head of one of the divisions 
 created within such department as authorized by section 154-8 of the 
 General Code. When a vacancy occurs in the office of director of any 
 department, the assistant director thereof shall act as director of the 
 department until such vacancy is filled. (109 v. 106.) 
 
 SECTION 154-6. Offices created in the several departments. Offices 
 are created within the several departments as follows: 
 
 In the Department of Finance 
 
 Superintendent of budget 
 Superintendent of purchases and printing 
 In the Department of Commerce 
 Superintendent of building and loan associations 
 Fire marshal 
 Superintendent of insurance 
 In the Department of Highways and Public Works 
 State architect and engineer 
 State highway engineer 
 In the Department of Agriculture 
 Chiefs of divisions as follows: 
 Animal industry 
 Fish and game 
 Foods and dairies 
 Plant industry 
 State fair 
 In the Department of Industrial Relations 
 Chiefs of divisions as follows: 
 Factory inspection 
 Labor statistics 
 Mines 
 In the Department of Education 
 Chiefs of divisions as follows: 
 Examination and licensing 
 Film censorship 
 In the Department of Public Welfare 
 Fiscal supervisor 
 Superintendent of charities 
 Superintendent of pardon and parole. 
 (109 v. 106.) 
 
 (Board of pardon and parole succeeded by Ohio Board of Clemency. 
 See Sec. 86 et seq.) 
 
 SECTION 154-7. Appointment of officers; term. The officers men- 
 tioned in sections 154-5 and 154-6 of the General Code shall be appointed 
 by the director of the department in which their offices are respectively 
 created, and shall hold office during the pleasure of such director. (109 
 v. 107.) 
 
 SECTION 154-8. Supervision and control ef officers. The officers 
 mentioned in sections 154-5 and 154-6 of the General Code shall be under 
 the direction, supervision and control of the directors of their respective 
 
 departments, and shall perform such duties as such directors shall 
 prescribe. 
 
LAW BULLETIN 37 
 
 Establishment of divisions. With the approval of the governor, the 
 director of each department shall establish divisions within his depart- 
 ment, and distribute the work of the department among such divisions. 
 Each officer created by section 154-6 of the General Code shall be the 
 head of such a division. 
 
 Consolidation or creation of new offices authorized. With the ap- 
 proval of the governor, the director of each department shall have 
 authority to consolidate any two or more of the offices created in his de- 
 partment by section 154-6 of the General Code, or to reduce the number 
 of or create new divisions therein. 
 
 Regulations may be prescribed. The director of each department 
 may prescribe regulations, not inconsistent with law, for the government 
 of his department, the conduct of its employes, the performance of its 
 business and the custody, use and preservation of the records, papers, 
 books, documents and property pertaining thereto. (109 v. 107.) 
 
 SECTION 154-9. Director of commerce or superintendent of insur- 
 ance shall not have certain official connections or business interests; 
 other officers. Neither the director of commerce nor the superintendent 
 of insurance shall have any official connection with an insurance com- 
 pany, own any stock therein, or be interested in the business thereof, 
 except as a policyholder. 
 
 The director of commerce shall not be interested, directly or indi- 
 rectly, in any firm or corporation which is a dealer in securities as de- 
 fined in sections 6373-1 and 6373-2 of the General Code, or in any firm or 
 corporation licensed under the provisions of section 6346-1 to 6346-10, 
 inclusive, of the General Code. 
 
 Neither the director of commerce nor the superintendent of building 
 and loan associations shall have any official connection with a building 
 and loan associations, or be interested in the business thereof, except as a 
 stockholder. 
 
 The director of commerce and his appointees or employes perform- 
 ing services in connection with the administration of the laws relating to 
 public utilities shall be subject in all respects to the provisions of sec- 
 tions 499-3 and 499-4 of the General Code. (109 v. 107.) 
 
 SECTION 154-10. State highway engineer, qualifications. The state 
 highway engineer shall be a competent civil engineer with at least five 
 years’ experience in the construction and maintenance of highways. 
 (109 v. 108.) 
 
 SECTION 154-11. Director of agriculture and chief of division of 
 animal industry, qualifications. The director of agriculture shall be a 
 person actively identified with agriculture. 
 
 The chief of the division of animal industry in the department of 
 agriculture shall be a graduate of a recognized college of veterinary medi- 
 cine and licensed to practice veterinary medicine and surgery in this 
 state. (109 v. 108.) 
 
 SECTION 154-12. Director of health, qualifications. The director 
 of health shall be a physician skilled in sanitary science. (109 v. 108.) 
 
 SECTION 154-13. Chief of licensing department shall not be affili- 
 ated with certain schools. The chief of the division of examination and 
 
38 DEPARTMENT OF PUBLIC WELFARE 
 
 licensing in the department of education shall not be affiliated with any 
 college or school of medicine, (or any limited branch of medicine or 
 surgery), or of pharmacy, dentistry, nursing, optometry or embalming, 
 either as teacher, officer or stockholder. (109 v. 108.) 
 
 SECTION 154-14. Bond and oath of office; bond may be required of 
 employe. Each officer whose office is created by sections 154-3, 154-5 
 and 154-6 of the General Code shall, before entering upon the duties of 
 his office, take and subscribe an oath of office as provided by law and give 
 bond, conditioned according to law, with security to be approved by the 
 governor in such penal sum as shall be fixed by the governor, not less in 
 any case than ten thousand dollars. Such bond and oath shall be filed in 
 the office of the secretary of state. 
 
 The director of each department may, with the approval of the gov- 
 ernor, require any chief of a division created under the authority of this 
 chapter, or any officer or employe in his department, to give like bond in 
 such amount as the governor may prescribe. The premium, if any, on 
 any bond required or authorized by this section may be paid from the 
 state treasury. (109 v. 108.) 
 
 SECTION 154-15. Advisory boards may be provided. The director 
 of each department may, with the approval of the governor, establish and 
 appoint advisory boards to aid in the conduct of the work of his depart- 
 ment or any division or divisions thereof. Such advisory boards shall 
 exercise no administrative function, and their members shall receive no 
 
 compensation, but may receive their actual and necessary expenses. 
 (109 v. 108.) 
 
 SECTION 154-16. Officers shall devote entire time and hold no other 
 office. Each officer whose office is created by sections 154-3, 154-5 and 
 154-6 of the General Code shall devote his entire time to the duties of his 
 office, and shall hold no other office or position of profit. In addition to 
 his salary provided by law, each such officer and each member of the 
 boards and commissions in the departments created by this chapter shall 
 be entitled to his actual and necessary expenses incurred in the perform- 
 ance of his official duties. (109 v. 109.) 
 
 SECTION 154-17. Central office shall be in Columbus. Each depart- 
 ment shall maintain a central office in the city of Columbus. The director 
 of each department may, in his discretion and with the approval of the 
 governor, establish and maintain, at places other than the seat of gov- 
 ernment, branch offices for the conduct of any one or more functions of 
 his department. (109 v. 109.) 
 
 SECTION 154-18. Seal for each department; specifications. Each 
 department shall adopt and keep an official seal, which shall have en- 
 graved thereon the coat of arms of the state as described in section 
 thirty of the General Code, shall be one and three-fourths inches in di- 
 ameter, and shall be surrounded by the proper name of the department, 
 to which may be added the title of any division, board or commission 
 within the department, if the director of the department shall so pre- 
 scribe. Such seal may be affixed to any writs and authentications of 
 copies of records and official papers, and to such other instruments as 
 may be authorized by law or prescribed by the proper authority in any 
 
LAW BULLETIN 39 
 
 department to be executed. When so authenticated, any copy of such 
 record, official paper, or other instrument shall be received in evidence 
 in any court in lieu of the original. 
 
 Journals and records. Each department shall provide for the keep- 
 ing, within such department, of such records and journals as may be 
 necessary to exhibit its official actions and proceedings. (109 v. 109.) 
 
 SECTION 154-19. Employment subject to civil service laws. Each 
 department is empowered to employ, subject to the civil service laws in 
 force at the time the employment is made, the necessary employees, and, if 
 the rate of compensation is not otherwise fixed by law, to fix their com- 
 pensation. Nothing in this chapter shall be construed to amend, modify 
 or repeal the civil service laws of the state, except as herein expressly 
 provided. 
 
 All offices created by sections 154-5 and 154-6 of the General Code 
 shall be in the unclassified civil service of the state. (109 v. 109.) 
 
 SECTION 154-20. Daily hours of service by employes. All employes 
 in the several departments shall render not less than eight hours of labor 
 each day Saturday afternoons, Sundays and days declared by law to be 
 holidays excepted in cases in which, in the judgment of the director, the 
 public service will not thereby be impaired. 
 
 Two weeks absence, on pay, each year. Each employe in the several 
 departments shall be entitled during each calendar year, to fourteen days 
 leave of absence with full pay. In special and meritorious cases where 
 to limit the annual leave to fourteen days in any one calendar year would 
 work peculiar hardship, it may, in the discretion of the director of the 
 department, be extended. No employe in the several departments, em- 
 ployed at a fixed compensation, shall be paid for any extra services, unless 
 expressly authorized by law. (109 v. 109.) 
 
 SECTION 154-21. Cooperation and coordination of work under di- 
 rection of governor. Under the direction of the governor, the directors 
 of departments shall devise a practical and working basis for cooperation 
 and coordination of work and for the elimination of duplication and over- 
 lapping functions. They shall, so far as practicable, cooperate with each 
 other in the employment of services and the use ef quarters and equip- 
 ment. The director of any department may empower or require an em- 
 ploye of another department, subject to the consent of the superior officer 
 of the employe, to perform any duty which he might require of his own 
 subordinates. (109 v. 110.) 
 
 SECTION 154-22. Report by each department. Each department 
 shall make and file a report of its transactions and proceedings at the 
 time and in the manner prescribed by section 2264-1 of the General Code. 
 (109 v. 110.) 
 
 SECTION 154-23. Power to inspect, examine, etc. Whenever power 
 is vested in any of the departments created by this chapter, or in any 
 other state department, board or commission, to inspect, examine, secure 
 data or information, or to procure assistance from another department, 
 office or institution, a duty is hereby imposed upon the department, office 
 or institution, upon which demand is made, whether created by this 
 chapter or otherwise, to make such power effective. (109 v. 110.) 
 
40 DEPARTMENT OF PUBLIC WELFARE 
 
 SECTION 154-24. Rights, powers and duties heretofore vested or 
 exercised by board, officer, commission, etc., transferred; Rights, powers, 
 duties, etc., of persons, firms, corporations, etc. Whenever rights, 
 powers or duties which have heretofore been vested in or exercised by 
 any officer, board, commission, institution or department, or any deputy, 
 inspector or subordinate officer thereof, are, by this chapter, transferred, 
 either in whole or in part, to or vested in a department created by this 
 chapter, or any other department, office or institution, such rights, pow- 
 ers and duties shall be vested in, and shall be exercised by the department, 
 office or institution to which the same are hereby transferred, and not 
 otherwise; and every act done in the exercise of such rights, powers and 
 duties shall have the same legal effect as if done by the former officer, 
 board, commission, institution or department, or any deputy, inspector, 
 or subordinate officer thereof. Every person, firm and corporation shall 
 be subject to the same obligations and duties and shall have the 
 same rights arising from the exercise of such rights, powers and 
 duties as if such rights, powers and duties were exercised by the officer, 
 board, commission, department or institution, or deputy, inspector or 
 subordinate thereof, designated in the respective laws which are to be 
 administered by departments created by this chapter. Every person, 
 firm and corporation shall be subject to the same penalty or penalties, 
 civil or criminal, for failure to perform any such obligation or duty, or 
 for doing a prohibited act, as if such obligation or duty arose from, or 
 such act were prohibited in, the exercise of such right, power or duty by 
 the officer, board, commission or institution, or deputy, inspector or sub- 
 ordinate thereof, designated in the respective laws which are to be ad- 
 ministered by departments created by this chapter. Every officer and 
 employe shall, for any offense, be subject to the same penalty or penal- 
 ties, civil or criminal, as are prescribed by existing law for the same 
 offense by any officer or employe whose powers or duties devolve upon 
 him under this chapter. (109 v. 110.) 
 
 SECTION 154-25. Service of notice and making reports. Wherever 
 reports or notices are now required to be made or given, or papers or 
 documents furnished or served by any person to or upon any officer, 
 board, commission or institution, or deputy, inspector or subordinate 
 thereof, abolished by this chapter, the same shall be made, given, fur- 
 nished or served in the same manner to or upon the department, office or 
 institution upon which are devolved by this chapter the rights, powers and 
 duties now exercised or discharged by such officer, board, commission or 
 institution, or deputy, inspector or subordinate thereof; and every penalty 
 for failure so to do shall continue in effect. (109 v. 111.) 
 
 SECTION 154-26. Offices, boards, commissions, etc., abolished. 
 The following offices, boards, commissions, arms and agencies of the state 
 government heretofore created by law are hereby abolished: 
 
 The Ohio board of clemency, 
 
 The state purchasing agent, 
 
 The state registrar of vital statistics, 
 
 The officer commonly known as the “Budget Commissioner,” 
 
 The state board of education, 
 
 The secretary of the public utilities commission of Ohio, 
 
LAW BULLETIN 41 
 
 The superintendent of insurance, 
 
 The inspector of building and loan associations, 
 
 The superintendent of banks, 
 
 The commissioner of securities, 
 
 The commissioners of public printing, 
 
 The supervisor of public printing, 
 
 The state board of library commissioners, 
 
 The librarian appointed by the state board of library commissioners, 
 
 The library organizer appointed by the state board of library com- 
 missioners, 
 
 The director of the legislative reference department, 
 
 The state geologist, 
 
 The state fire marshal, 
 
 The state inspector of oils, 
 
 The board of censors of motion picture films under the authority and 
 supervision of the industrial commission of Ohio, 
 
 The board of agriculture of Ohio, 
 
 The secretary of agriculture, 
 
 The head of the bureau of markets and marketing under the board 
 of agriculture of Ohio, 
 
 The chief of the bureau of horticulture under the board of agricul- 
 ture of Ohio, 
 
 The inspector of canneries under the board of agriculture of Ohio, 
 
 The board of control of the Ohio agricultural experiment station, 
 
 .The agricultural advisory board, 
 
 The state highway commissioner, 
 
 The chief highway engineer, 
 
 The commissioner of health, 
 
 The state inspector of plumbing, 
 
 The board of state charities, 
 
 The secretary of the board of state charities, 
 
 The secretary of the tax commission of Ohio, 
 
 The Ohio board of administration, 
 
 The fiscal supervisor-secretary of the Ohio board of administration, 
 
 The state building commission. (109 v. 111.) 
 
 SECTION 154-27. Department of soldiers’ claims transferred. The 
 department of soldiers’ claims is hereby transferred to and placed under 
 the supervision of the adjutant general. (109 v. 112.) 
 
 DEPARTMENT OF FINANCE 
 
 SECTION 154-28. Department of finance, control and powers speci- 
 fied. The department of finance shall have power to exercise control 
 over the financial transactions of all departments, offices and institutions, 
 excepting the judicial and legislative departments, as follows: 
 
 (1) By prescribing and requiring the installation of a uniform 
 system of accounting and reporting, as to accruals of revenue and ex- 
 penditures necessary in certifying that funds are available and adequate 
 te meet contracts and obligations. 
 
 ° 
 
42 DEPARTMENT OF PUBLIC WELFARE 
 
 (2) By prescribing and requiring uniform order and invoice forms 
 and forms for financial reports and statements, and by requiring financial 
 reports and statements. 
 
 (3) By requiring itemized statements of expenditures proposed for 
 any specified future period to be submitted to the department, and by 
 approving or disapproving all or any part of such proposed expenditures. 
 
 (4. By requiring orders, invoices, claims, vouchers or payrolls to 
 be submitted to the department, where such submission is prescribed by 
 law or where the governor shall deem such submission necessary, and by 
 approving or disapproving such orders, invoices, claims, vouchers or pay- 
 rolls. 
 
 (5) By supervising and examining accounts, the expenditures and 
 receipts of public money and the disposition and use of public property, 
 in connection with the administration of the state budget. 
 
 (6) By prescribing the manner of certifying that funds are avail- 
 able and adequate to meet contracts and obligations. 
 
 (7) By prescribing uniform rules governing forms of specifica- 
 tions, advertisements for proposals, opening of bids, making of awards 
 and contracts, governing purchases of supplies and performance of work. 
 
 (8) By reporting to the attorney general for such action, civil or 
 criminal, as the attorney general may deem necessary all facts showing 
 illegal expenditures of the public money or misappropriation of public 
 property. 
 
 (9) By prescribing rules and regulations for carrying into effect 
 any or all of the other powers herein granted. 
 
 No provision of law authorizing or requiring any department, office 
 or institution to keep accrual, encumbrance or cost accounts or to exer- 
 cise fiscal management and control over or with respect to any institu- 
 tion, activity or function of the state shall be so construed as to exclude 
 such department, office or institution from the control of the department 
 of finance herein specified, but the power of the department of finance 
 herein provided for shall apply and relate to such accounts and reports 
 of all such departments, offices and institutions. 
 
 SECTION 154-29. Definition of terms. As used in section 154-28 of 
 the General Code: 
 
 “Order” means a copy of a contract or a statement of the nature of 
 a contemplated expenditure, a description of the property or commodity 
 to be purchased or service to be performed, other than services of officers 
 and regular employes of the state, and per diem of the national guard, 
 and the total sum of the expenditure to be made therefor if the same is 
 fixed and ascertained, otherwise the estimated sum thereof. 
 
 “Invoice” means and includes estimates on contracts, or a statement 
 showing delivery of the commodity or performance of the service de- 
 scribed in the order, and the date of the purchase or rendering of the 
 service, or a detailed statement of the things done, material supplied or 
 labor furnished, and the sum due pursuant to the contract or obligation. 
 
 “Voucher” means the order and invoice as herein defined; and 
 wherever in the General Code the word “voucher” is used it shall be held 
 to have the meaning herein defined. 
 
LAW BULLETIN 43 
 
 “Public money” shall have the meaning defined in section two hun- 
 dred and eighty-six of the General Code. 
 
 All orders and invoices shall specify the apppropriation account 
 from which they are payable. 
 
 SECTION 154-30. Requirements of the department of finance must 
 be complied with before issue of warrant. If any requirement of the 
 department of finance respecting the submission of statements of pro- 
 posed expenditures, or orders, invoices, claims, vouchers or payrolls is 
 not complied with, or if any statement of proposed expenditure, or any 
 order, invoice, claim, voucher or payroll is submitted to and disapproval 
 in whole or in part by the department of finance, the department shall 
 have authority to notify the auditor of state thereof, and such auditor 
 shall not issue warrants on the treasury in payment of such expendi- 
 ture, claim or voucher. 
 
 Order approved and charged against proper appropriation account, 
 such account not available for payment of other invoices until final in- 
 voice filed. The department of finance may certify to the auditor of 
 state any order or statement of proposed expenditures approved by it, 
 and direct the proper appropriation account or accounts to be charged 
 therewith, or with the estimated amount thereof, in which event the sum 
 so certified shall be a prior charge on such appropriation account or ac- 
 counts, available only for the payment of invoices issued against such 
 order, or expenditures within such statement, until the final invoice 
 therefor is filed with the auditor of state, or until the department of 
 finance shall certify that such order and the obligation recited therein 
 have ceased to be an obligation against the state, or such proposed ex- 
 penditures have been made or abandoned in whole or in part. 
 
 Whenever any commodity or service included in any such order or 
 statement so certified is delivered or performed, or whenever any pay- 
 ment is due upon any contract or obligation covered thereby, an invoice 
 shall be filed with the auditor of state therefor. The total of all in- 
 voices issued against any such order shall not exceed the sum of such 
 order or the estimated sum appearing on such order. (109 v. 114.) 
 
 SECTION 154-31. Further powers and duties. The department of 
 finance shall: 
 
 (1) Prepare and report to the governor, when requested, estimates 
 of the income and revenues of the state, and devise new forms of revenue 
 for the state; 
 
 (2) Prepare and submit to the governor biennially, not later than 
 the first day of January preceding the convening of the general assembly, 
 state budget estimates; 
 
 (3) Publish, from time to time, for the information of the several 
 departments and of the general public, bulletins of the work of the de- 
 partment. 
 
 (4) Investigate duplication of work of the departments and the 
 efficiency of the organization and administration of departments, and 
 formulate plans for the further coordination of departments. (109 v. 
 114.) 
 
44 DEPARTMENT OF PUBLIC WELFARE 
 
 SECTION 154-32. Powers to take testimony and produce evidence. 
 In the exercise of any of the powers mentioned in section 154-28 of the 
 General Code, the department of finance shall have power to compel the 
 attendance and testimony of witnesses, to administer oaths and to exam- 
 ine such persons as it may deem necessary, and compel the production of 
 books and papers. The orders and subpoenas issued by the department 
 in pursuance of the authority in it vested by this section may be enforced, 
 on the application of the director of finance, by any court of common 
 pleas by proceedings in contempt therein as provided by law. 
 
 SEcTION 154-33. Budget estimates by departments, officers, etc., 
 when and how made. In the preparation of state budget estimates 
 the director of finance shall, not later than the fifteenth day of 
 September in the year preceding the regular session of the general 
 assembly, distribute to all departments, offices and institutions of the 
 state government, the blanks necessary for the preparation of budget 
 estimates, which shall be in such form as shall be prescribed by the 
 director of finance, to procure, among other things, information as to the 
 revenues and expenditures for the two preceding fiscal years, and ap- 
 - propriations made by the previous general assembly, the expenditures 
 therefrom, encumbrances thereon, and the amounts unencumbered and 
 unexpended; an estimate of the revenues and expenditures of the current 
 fiscal year, ‘and an estimate of the revenues and amounts needed for the 
 respective departments, offices and institutions for the two succeeding 
 fiscal years.for which appropriations have to be made. Each department, 
 office and institution shall, not later than the first day of November, file 
 in the office of the director of finance its estimate of receipts and expendi- 
 tures for the succeeding biennium. Such estimate shall be accompanied 
 by a statement in writing giving facts and explanation of reasons for 
 each item of expenditure requested. The director of finance may, in his 
 discretion, make further inquiry and investigation as to any item desired. 
 He may approve, disapprove or alter the estimates, excepting those for 
 the legislative and judicial departments of the state government. Such 
 estimates as revised by him shall constitute the state budget estimates 
 which the department of finance is required by this chapter to submit to 
 the governor. (109 v..114.) 
 
 SECTION 154-34. Governor shall submit to General Assembly pro- 
 posed state budget. The governor shall, as soon as possible and not 
 later than four weeks after the organization of the general assembly, 
 submit a proposed state budget in the form of an appropriation bill: or 
 bills and a statement showimg the amounts recommended by him to be 
 appropriated to the respective departments, offices and institutions and 
 for all other public purposes, the estimated revenues from taxation, the 
 estimated revenues from sources other than taxation, and an estimate 
 of the amount required to be raised by taxation. (109 v. 115.) 
 
 SECTION 154-35. Estimate required by each department, office, etc., 
 before appropriation available. Each department, office and institution 
 of the state government, other than the legislative and judicial depart- 
 ments thereof, shall, before any appropriation to such department be- 
 comes available for expenditure, prepare and submit to the department 
 
LAW BULLETIN 45 
 
 of finance an estimate of the amount required for each specific purpose 
 within the appropriation, or items of appropriation, as made by the gen- 
 eral assembly, and accounts shall be kept and reports rendered to the 
 department of finance showing the expenditure for each such purpose. 
 The department of finance shall exercise such control over items of ap- 
 propriation accounts created by the general assembly, with respect to 
 changes and adjustments therein within the general scope of a specific 
 appropriation, as may be committed to it by any act making appropria- 
 tions, and shall in general exercise such control over the expenditure of 
 appropriations, in addition to that specifically provided for in this chap- 
 ter, as may be so committed to it. (109 v. 115.) 
 
 SECTION 154-36. Department of finance shall discharge duties im- 
 posed upon sundry claims board. The papers, statements and copies 
 thereof required by section 270-6 of the General Code to be filed in the 
 effice of the president of the “Sundry Claims Board” therein provided 
 for shall be hereafter delivered to and filed in the office of the depart- 
 ment of finance, and such department shall discharge all the duties pro- 
 vided for in said section of the General Code with respect to the filing, 
 _ delivery and preservation of such papers, statements and copies thereof. 
 The director of finance shall include all claims aliowed by the “Sundry 
 Claims Board” in the state budget estimates. (109 v. 116.) 
 
 SECTION 154-37. Certain powers and duties of secretary and 
 auditor of state transferred; State purchasing agent, duties of, trans- 
 ferred; Ohio=Board of Administration, certain powers and duties of, 
 transferred; purchases from welfare department. The department of 
 finance shall succeed to and exercise all powers and perform all duties 
 vested by sections one thousand eight hundred and forty-six and one 
 thousand eight hundred and forty-seven of the General Code jointly in 
 the secretary of state and the auditor of state, which said powers are 
 hereby transferred to and vested in said department. 
 
 The department of finance shall succeed to and exercise all powers 
 of the state purchasing agent in the office of the secretary of state, and 
 the secretary of state and auditor of state with respect to the purchase 
 of supplies and equipment required for the use and maintenance of state 
 officers, boards and commissions, the commissioners of public printing 
 and the supervisor of public printing, and shall exercise all powers and 
 perform all duties as to purchases heretofore vested in the Ohio board 
 of administration under the provisions of section one thousand eight 
 hundred and forty-nine of the General Code. Wherever powers are con- 
 ferred or duties imposed upon any of such departments, offices or officers 
 with respect to the matters and things herein mentioned, such powers 
 and duties shall be construed as vested in the department of finance. In 
 addition to the powers so transferred to it, the department of finance 
 shall have power to purchase all other supplies, material and equipment 
 for the use of the state departments, offices and institutions, excepting 
 the military department and institutions administered by boards of 
 trustees, and, excepting as to such department and institutions, to make 
 eentracts for and superintend the telephone and telegraph service for 
 the state departments, offices and institutions. So far as practicable, the 
 department of fiiance shall make all purchases under authority of this 
 
46 DEPARTMENT OF PUBLIC WELFARE 
 
 chapter from the department of public welfare in the exercise of the 
 functions of said department in the management of state institutions. 
 
 (109 v. 116.) 
 
 SECTION 154-38. Tax commission a part of department of finance 
 in certain respects. The tax commission of Ohio shall be a part of the 
 department of finance for administrative purposes, in the following 
 respects: The director of finance shall be ex officio the secretary of said 
 commission, shall succeed to and perform all of the duties of the secre- 
 tary of said commission, and shall exercise all powers of said secretary 
 as provided by law; but such director may designate any employe of the 
 department as acting secretary to perform the duties and exercise the 
 powers of secretary of the commission. All clerical and other agencies 
 for the execution of the powers and duties vested in said tax commission 
 of Ohio shall be deemed to be in the department of finance, and the em- 
 ployes thereof shall be deemed to be employes in said department and shall 
 have and exercise all authority vested by law in the employes of such 
 commission. But the tax commission of Ohio shall have direct super- 
 vision and control over, and power of appointment and removal of, such 
 employes whose positions shall be designated by the governor as fully 
 subject to the authority of such commission. (109 v. 116.) 
 
 DEPARTMENT OF COMMERCE 
 
 SECTION 154-39. Department of commerce, powers and duties; 
 Division of banks; Public utilities commission a part of the department 
 of commerce for administrative purposes. The department of commerce 
 shall have all powers and perform all duties vested in the inspector of 
 building and loan associations, the state fire marshal, the superintendent 
 of insurance, the state inspector of oils, and the commissioner of securi- 
 ties; and said department shall have all powers and perform all duties 
 vested by law in any and all officers, deputies and employees of such 
 offices and departments. Wherever powers are conferred or duties im- 
 posed upon any of such departments, offices or officers, such powers and 
 duties shall be construed as vested in the department of commerce. 
 
 There is hereby created in the department of commerce a division of 
 banks which shall have all powers and perform all duties vested by law 
 in the superintendent of banks. Wherever powers are conferred or 
 duties imposed upon the superintendent of banks, such powers and duties 
 shall be construed as vested in the division of banks. The division of 
 banks shall be administered by a superintendent of banks, who shall be 
 appointed by the governor by and with the advice and consent of the 
 senate, and hold his office for a term of two years, unless sooner removed 
 at the will of the governor. A vacancy in the office of superintendent 
 of banks shall be filled by appointment for the unexpired term. All pro- 
 visions of law governing the superintendent of banks shall apply to and 
 govern the superintendent of banks herein provided for; all authority 
 vested by law in the superintendent of banks with respect to the manage- 
 ment of the department of banks heretofore existing shall be construed 
 as vested in the superintendent of banks hereby created with respect to 
 the division of banks herein provided for; and all rights privileges and 
 
LAW BULLETIN 47 
 
 emoluments conferred by law upon the superintendent of banks shall be 
 construed as conferred upon the superintendent of banks as head of the 
 division of banks herein provided for. The director of commerce shall 
 not impose upon the division of banks any functions other than those 
 specified in this paragraph, nor transfer from such division any of such 
 functions. 
 
 The public utilities commission of Ohio shall be a part of the depart- 
 ment of commerce for administrative purposes, in tne following respects: 
 The director of commerce shall be ex officio the secretary of said com- 
 mission, shall succeed to and perform all of the duties of the secretary 
 of said commission, and shall exercise all powers of said secretary as 
 provided by law; but such director may designate any employe of the de- 
 partment as acting secretary to perform the duties and exercise the 
 powers of secretary of the commission. All clerical, inspection and other 
 agencies for the execution of the powers and duties vested in the said 
 public utilities commission shall be deemed to be in the department of 
 commerce, and the employes thereof shall be deemed to be omployes of 
 said department and shall have and exercise all authority vested by law 
 in the employes of such commission. But the public utilities commission 
 shall have direct supervision and control over, and power of appointment 
 and removal of, such employes whose positions shall be designated by the 
 governor as fully subject to the authority of such commission. (109 v. 
 118.) 
 
 DEPARTMENT OF HIGHWAYS AND PUBLIC WORKS 
 
 SECTION 154-40. Department of highways and public works; powers 
 and duties. The department of highways and public works shall have all 
 powers and perform all duties vested by law in the superintendent of 
 public works, the state highway commissioner, the chief highway engi- 
 neer, and the state building commission. Wherever powers are conferred 
 or duties imposed upon any of such departments, offices or officers, such 
 powers and duties shall, except as herein provided, be construed as vested 
 in the department of highways and public works. 
 
 In addition to the powers so transferred to it, the department of 
 highways and public works shall have the following powers: 
 
 (1) To prepare, or cause to be prepared, general plans, specifica- 
 tions, bills of materials, and estimates of cost for the public buildings to 
 be erected by the state departments, offices and institutions. Nothing in 
 this section shall be so construed as to require the independent employ- 
 ment of an architect or engineer as provided by section two thousand 
 three hundred and fourteen of the General Code, in the cases to whicn 
 said section applies. 
 
 (2) To have general supervision over the erection and construction 
 of public buildings erected for the state government, or any department, 
 office or institution thereof, and over the inspection of all materials 
 previous to their incorporation into such buildings or work. 
 
 (3) To make contracts for and supervise the construction and re- 
 pair of buildings under the control of the state government, or any de- 
 partment, office or institution thereof. 
 
 LB Sig 4 
 
48 DEPARTMENT OF PUBLIC WELFARE 
 
 (4) To prepare and suggest comprehensive plans for the develop- 
 ment of grounds and buildings under the contro: of the state govern- 
 ment, or any department, office or institution thereof. 
 
 (5) To purchase all real estate required by the state government, 
 or any department, office or institution thereof; in the exercise of which 
 power such department shall have authority to exercise the power of 
 eminent domain, in the manner provided by law for the exercise of such 
 power by the superintendent of public works in the appropriation of 
 property for the public works of Ohio, as heretofore defined; but this 
 paragraph shall not affect the manner of the exercise of such powers by 
 the department of highways and public works for highway purposes. 
 
 (6) To make and provide all plans, specifications and models for 
 the construction and perfection of all systems of sewerage, drainage and 
 plumbing for the state in connection with buildings and grounds under 
 the control of the state government, or any department, office or insti- 
 tution thereof. 
 
 (7) To erect, supervise and maintain all public monuments and 
 memorials erected by the state, except where the supervision and main- 
 tenance thereof is otherwise provided for by law. 
 
 (8) To procure, by lease, storage accommodations for the state 
 government, or any department, office or institution thereof. 
 
 (9) To lease unproductive and unusued lands or other property 
 under the control of the state government, or any department, office or 
 institution thereof, excepting school and ministerial lands. 
 
 (10) To lease office space in buildings for the use of the state gov- 
 ernment, or any department, office or institution thereof. 
 
 (11) To have general supervision and care of store rooms, offices 
 and buildings leased for the use of the state government, or any depart- 
 ment, office or institution thereof. 
 
 (12) To exercise general custodial care of all real property of the 
 state. 
 
 Nothing in this section or in sections 154-37 or 154-41 of the General 
 Code shall interfere with the power of the adjutant general to purchase 
 military supplies, or with the custody by the adjutant general of prop- 
 erty leased, purchased or constructed by the state and used for military 
 purposes, or with the functions of the adjutant general as director of 
 state armories. 
 
 Purchases for and custody of buildings of educational institutions 
 administered by boards of trustees shall not be subject to the control and 
 jurisdiction of the department of highways and public works. (109 v. 
 118.) 
 
 SECTION 154-41. Supervision and control of state house; placing 
 departments, etc. The department of highways and public works shall 
 have the supervision and control of the state house and heating plant 
 therein, the fixing and placing of all departments and offices of the state 
 therein, and full control and supervision of fixing and placing all depart- 
 ments and offices in offices, buildings and rooms outside the state house 
 when the same cannot be placed therein, materials and persons employed 
 in and about the state house, the grounds and appurtenances thereof 
 
LAW BULLETIN 49 
 
 and all work or materials required in or about them. The department 
 shall rent ‘all offices, buildings and rooms for all departments and offices 
 of the state located outside the state house, and execute all leases in writ- 
 ing for the same on behalf of the state, and deposit a copy thereof in the 
 office of the secretary of state within ten days after the lease has been 
 executed. The department shall keep the state house, grounds and ap- 
 purtenances constantly protected and in order, except that the legislative 
 halls shall be under the control of the general assembly. A competent 
 number of employes of the department shall be designated as policemen, 
 and as such shall take an oath of office, wear a proper uniform and badge 
 of office, have the same authority to make arrests as policemen of cities, 
 and shall deliver all persons arrested by them to the police authorities of 
 the city of Columbus to be dealt with as those arrested by the police of 
 said city. (109 v. 119.) 
 
 DEPARTMENT OF AGRICULTURE 
 
 SECTION 154-42. Department of agriculture, powers and duties. 
 The department of agriculture shall have all powers and perform all 
 duties vested by law in the board of agriculture, the secretary of agri- 
 culture, the agricultural advisory board, the chief of the division of fish 
 and game under the board of agriculture, and all officers and employes in 
 such division, and in all other bureaus and cffices established or author- 
 ized by law under the board of agriculture or the secretary of agriculture. 
 Wherever powers are conferred or duties imposed by law upon. such 
 board of agriculture or secretary of agriculture, or upon bureaus or of- 
 fices under either of them, such powers and duties shall be, excepting as 
 herein provided, construed as vested in and imposed upon the department 
 ef agriculture. (109 v. 120.) 
 
 DEPARTMENT OF HEALTH 
 
 SECTION 154-43. Department of health, powers and duties. The 
 department of health shall have all powers and perform all duties vested 
 by law in the state department of health, the commissioner of health, the 
 public health council, or in the commissioner of health and the public 
 health council acting jointly or otherwise, and the state inspector of 
 plumbing; and also those vested in the secretary of state and the state 
 registrar of vital statistics with respect to the registration of vital 
 statistics as provided in sections one hundred and ninety-seven to two 
 hundred and thirty-four, both inclusive, of the General Code. (109 v. 
 120.) 
 
 SECTION 154-44. Public health council shall continue. The public 
 health council provided for by section one thousand two hundred and 
 thirty-four of the General Code shall continue to exist in the department 
 of health as hereby created, and shall exercise all powers vested in it by 
 law, excepting those provided for in paragraph (d) of section one 
 thousand two hundred and thirty-five of the General Code, and the direc- 
 tor of the department shall be substituted for the “commissioner of 
 
50 DEPARTMENT OF PUBLIC WELFARE 
 
 health” for the purposes of such section. The director of health shall be 
 chairman of the public health council. (109 v. 126.) 
 
 DEPARTMENT OF INDUSTRIAL RELATIONS 
 
 SECTION 154-5. Department of industrial relations, powers and 
 duties; Industrial commission, a part of department for administrative 
 purposes; appointment of advisers authorized. The department of in- 
 dustrial relations shall have all powers and perform all duties vested by 
 law in the industrial commission of Ohio, excepting the following: 
 
 Those powers and duties of the commission which it exercises as suc- 
 cessor of the state liability board of awards, the state board of arbitra- 
 tion, the board of boiler rules, and in the investigation, ascertainment 
 and determination of standards, devices, safeguards, and means of pro- 
 tection, being all powers and duties mentioned in paragraphs 3 to 8, 
 both inclusive, of section 871-22 of the General Code, sections 871-23, 
 871-26, 871-27, 871-28, 871-30, 871-32, 871-33, 871-34 and 871-35, sections 
 1058-8 to 1058-12, both inclusive, 1058-16, 1063, to 1077, both inclusive, 
 and sections 1465-37 to 1465-108, both inclusive, of the General Code, and 
 the powers of the commission as successor of the board of boiler rules 
 under section 1058-18 of the General Code, which shall continue to be 
 exercised and performed by the industrial commission of Ohio in the 
 manner provided by law for the exercise of such powers and the per- 
 formance of such duties. 
 
 The industrial commission of Ohio shall be a part of the department 
 of industrial relations for administrative purposes in the following re- 
 spects: The director of industrial relations shall be ex-officio the secre- 
 tary of said commission, shall succeed to and perform all of the duties of 
 the secretary of said commission, and shall exercise all powers of said 
 secretary as provided by law; but such director may designate any em- 
 ploye of the department as acting secretary to perform the duties and 
 exercise the powers of secretary of the commission. All clerical, inspec- 
 tion and other agencies for the execution of the powers and duties vested 
 in the said industrial commission shall be deemed to be in the department 
 of industrial relations, and the employes thereof shall be deemed to be 
 employes of said department and shall have and exercise all authority 
 vested by law in the employes of such commission. But the industrial 
 commission of Ohio shall have direct supervision and control over, and 
 power of appointment and removal of, such employes whose position shall 
 be designated by the governor as fully subject to the authority of such 
 commission. 
 
 The commission may appoint advisers, who shall without compensa- 
 tion assist the commission in the execution of the powers and duties re- 
 tained by it under this section. (109 v. 121.) 
 
 DEPARTMENT OF EDUCATION 
 
 SECTION 154-46. Department of education, powers and duties; 
 boards and committees attached to department. The department of 
 education shall have all powers and perform all duties vested by law in 
 
LAW BULLETIN 51 
 
 the industrial commission of Ohio and the board of censors of motion 
 picture films by sections 871-48 to 871-53, both inclusive, of the General 
 Code. 
 
 The following boards and committees shall be attached to the de- 
 partment of education: 
 
 The state board of accountancy, the state medical board, the nurses’ 
 examining committee, the state board of optometry, the state board of 
 pharmacy, the state dental board and the state board of embalming 
 examiners. 
 
 Such boards and their officers shall continue to exercise their func- 
 tions as heretofore. It shall be the duty of the department of education 
 to recommend standards as to preliminary education; to recommend 
 methods of determining the standing of professional schools and colleges; 
 to recommend methods of conducting examinations and hearings; and to 
 recommend methods of enforcing the laws which they are respectively 
 required to administer. Such boards are hereby severally authorized to 
 delegate to the department of education any of the powers or duties in 
 them vested by law with respect to the matters and things concerning 
 which the department is herein directed to make recommendations; and 
 the department of education is hereby authorized and required to exer- 
 cise any such power or perform any such duty so delegated with like 
 effect in law as if the same had been exercised by the board so delegating 
 such power. Nothing in this chapter shall be so construed or applied as 
 to compel the delegation of any such powers or duties. (109 v. 121.) 
 
 SECTION 154-47. Advisory board of film censorship. An advisory 
 board of three members is hereby created in the department of educa- 
 tion, to be known as the advisory board of film censorship. The members 
 of this board shall be appointed by the governor, to serve during his 
 pleasure, and shall receive no compensation, but shall be entitled to their 
 actual and necessary expenses incurred in the performance of their of- 
 ficial duties. Such board shall assist and advise the department of educa- 
 tion in the examination and censorship of motion picture films. (109 v. 
 121.) 
 
 SECTION 154-48. Further powers and duties. The department of 
 education shall have all the powers and perform all the duties now vested 
 in the superintendent of public instruction and those vested in the state 
 geologist. (109 v. 122.) 
 
 SECTION 154-49. State board of vocational education established; 
 duties; employment of assistants. A state board of vocational education 
 is hereby established in the department of education, in order to carry 
 out the provisions of the law accepting the acts of Congress providing 
 for cooperation with the states in the promotion of such education. Such 
 board shall be composed of the director of education, the director of com- 
 merce, the director of agriculture, the director of industrial relations, and 
 the director of finance. The director of education shall be chairman and 
 executive officer of the board. Upon the recommendation of the director 
 of education, the board may employ such technical assistants as may be 
 necessary and prescribe their duties and compensation. In all other 
 respects, the state board of vocational education shall exercise the powers 
 
52 DEPARTMENT OF PUBLIC WELFARE 
 
 and perform the duties vested in the state board of education by sections 
 367-5, 367-6 and 367-7 of the General Code. (109 v. 122.) 
 
 SECTION 154-50. Director, ex-officio trustee of Kent, Bowling Green 
 and Wilberforce schools. The director of education shall be ex-officio a 
 member of the board of trustees of Kent state normal school and of the 
 board of trustees of Bowling Green state normal school, and of the com- 
 bined normal and industrial department at Wilberforce University, with 
 power to speak, but not to vote in such boards of trustees. The member- 
 ship in each of such boards herein provided for shall be in addition to the 
 membership thereof as otherwise provided by law. (109 v. 123.) 
 
 SECTION 154-51. State library board created; appointment, term, 
 compensation. A state library board is hereby created in the depart- 
 ment of education, to be composed of the director of education, as chair- 
 man, and four other members. The members other than the director of 
 education shall be appointed by the governor. The first appointments 
 under this section shall be as follows: One member for a term of two 
 years, one member for a term of four years, one member for a term of 
 Six. years and one member for a term of eight years. Thereafter one 
 member shall be appointed each two years for a term of eight. years. 
 The members other than the director of educatior shall receive no com- 
 pensation, but shall be paid their actual and necessary expenses incurred 
 in the performance of their duties. (109 v. 123.) 
 
 SECTION 154-52. State librarian, appointmeni, powers and duties. 
 The state library board shall appoint and may remove a state librarian, 
 who shall, under the direction and supervision of the board, be the head 
 of the library service of the state, with power to appoint and remove all 
 assistants and heads of departments in the state library service. (109 
 56 LEAD, 
 
 SECTION 154-53. Rules for government of library. The state library 
 board shall make such rules for the government of the state library, the 
 use and location of the books and other property therein or the transfer 
 thereof as it deems necessary or advantageous to the library service of 
 the state. It shall organize the library service of the state into depart- 
 ments and determine the number of assistants and other employes 
 therein. (109 v. 123.) 
 
 SECTION 154-54. State librarian, secretary of board; further powers 
 and duties. The state librarian shall be secretary of the state library 
 board. Under the direction and supervision of the state library board 
 and subject to the rules and regulations established by it, the state 
 librarian shall, through such departments as may be created by the board, 
 exercise all powers and perform all duties vested by law in the state 
 board of library commissioners, the librarian heretofore appointed by 
 the state board of library commissioners, the library organizer heretofore 
 appointed by the state board of library commissioners and the legislative 
 reference department and the director thereof. (109 vy. 162545) 
 
 SECTION 154-55. Director a member of board of trustees of Ohio 
 archeological and historical society; how moneys for support of society 
 shall be drawn from society. The director of education shall be a mem- 
 ber of the board of trustees of the Ohio archeological and historical so- 
 
LAW BULLETIN 53 
 
 ciety, in addition to the members constituting such board under the other 
 laws and regulations pertaining to the membership thereof. No moneys 
 appropriated for the use or support of the Ohio archeological and his- 
 torical society shall be withdrawn from the state treasury for such use 
 until the board of trustees of said society, as constituted when this section 
 takes effect, shall consent to the provisions hereof and file duplicate cer- 
 tificates of such consent in the offices of the secretary of state and the 
 auditor of state. (109 v. 123.) 
 
 SECTION 154-56. Director a member of board of trustees of Ohio 
 State University. The director of education shall be a member of the 
 board of trustees of the Ohio State University, with power to speak but 
 not to vote therein. The membership in said board hereby created shal] 
 be in addition to those provided for by section seven thousand nine hun- 
 dred and forty-two of the General Code. (109 v. 124.) 
 
 DEPARTMENT OF PUBLIC WELFARE 
 
 SECTION 154-57. Department of public welfare, powers and duties. 
 The department of public welfare shall have all powers and perform all 
 duties vested in or imposed upon the Ohio board of administration and 
 the fiscal supervisor-secretary thereof, excepting the power to purchase 
 supplies for the support and maintenance of state institutions provided 
 for in section one thousand eight hundred and forty-nine of the General 
 Code, by this chapter transferred to the department of finance; and said 
 department of public welfare shall also have all powers and perform all 
 duties vested in or imposed upon the board of state charities, and the 
 board of clemency. Wherever powers are cenferred or duties imposed 
 by law upon the boards and officers mentioned in this section such powers 
 and duties, except as aforesaid, shall be construed as vested in the de- 
 partment of public welfare. 
 
 The department of public welfare, with the approval of the governor, 
 may assign labor of prisoners and inmates of institutions under the ad- 
 ministration of the department of public welfare on any public work of 
 the state. (109 v. 124.) 
 
 SECTION 154-58. Ohio commission for the blind under control of 
 department of public welfare. The Ohio commission for the blind shall 
 be a part of the department of public welfare for administrative pur- 
 poses. The president of said commission shall act as general secretary 
 of the commission; but the director of public welfare may designate em- 
 ployes of the department to assist such secretary in the performance of 
 the detailed duties of his position. Such director shall be the executive 
 officer of such commission, and all clerical and other administrative 
 agencies for the execution of the powers and duties vested in the said 
 Ohio commission for the blind shall be deemed to be in the department of 
 public welfare, and the employes shall be deemed to be employes of said 
 department. (110 v. 326.) 
 
 SECTION 2. Amendments and enactments. Sections 243, 321, 496, 
 710-6, 840, 1170, 1171, 1172, 1178, 1178, 1233, 1261-2, 1807, 1857, 1931-1, 
 2248, 2250, 2312, 2313 and 7939, inclusive, of the General Code are hereby 
 
54 DEPARTMENT OF PUBLIC WELFARE 
 
 amended to read as follows: the section enacted by the act approved 
 March 29, 1917, and therein designated as section 2288-1 of the General 
 Code, is hereby re-numbered as section 2288-2 of the General Code and 
 amended to read as follows; and supplemental sections 2249-1 and 7931-1 
 of the General Code are hereby enacted, as follows: 
 
 SECTION 243. Examination of each voucher or claim before issue of 
 warrant. The auditor of state shall examine each voucher presented to 
 him, or claim for salary of an officer or employe of the state, or per diem 
 and transportation of the commands of the national guard, or sundry 
 claim allowed and appropriated for by the general assembly, and if he 
 finds it to be a valid claim against the state and legally due, and that 
 there is money in the state treasury duly appropriated to pay it and that 
 all requirements of law have been complied with, he shall issue thereon a 
 warrant on the treasurer of state for the amount found due, and file and 
 preserve the invoice in his office. He shall draw no warrant on the treas- 
 urer of state for any claim unless he finds it legal, and that there is 
 money in the treasury which has been duly appropriated to pay it. (109 
 Viol aos) 
 
 SECTION 321. Board of deposit; duties. There shall be a board of 
 deposit, consisting of the treasurer of state, director of finance and at- 
 torney general, which officers shall perform the duties herein prescribed. 
 The treasurer shall be chairman of said board. The cashier of the state 
 treasury shall be the secretary to the board and shall keep its records. 
 A duly certified copy of such records shall be prima facie evidence of the 
 matter appearing therein in any court of record. ' (109 v. 125.) 
 
 SECTION 496. Powers and duties of secretary of commission. It 
 shall be the duty of the secretary of the commission to keep a full and 
 true record of all proceedings of the commission, to issue all necessary 
 process, writs, warrants and notices, to keep all books, maps, documents 
 and papers ordered filed by the commission, and of all orders made by a 
 commissioner, or by the commission, or approved and confirmed by it and 
 ordered filed, and he shall be responsible to the commission for the safe 
 custody and preservation of all such documents in its office. Under the 
 direction of the commission the secretary shall have general charge of its 
 office, superintend its clerical business and perform such other duties, 
 as the commission may prescribe. He may administer oaths in all parts 
 of the state, so far as the exercise of such power is properly incidental to 
 the performance of his duty or that of the commission. (109 v. 125.) 
 
 SECTION 710-6. Superintendent of banks; appointment, term, 
 duties. The governor, with the advice and consent of the senate, shall 
 appoint the superintendent of banks in the department of commerce, who 
 shall hold his office for the term of two years unless sooner removed at 
 the will of the governor. (109 v. 125.) 
 
 The superintendent of banks shall execute the laws in relation to 
 banks. (109 v. 125.) 
 
 SECTION 840. Salaries and expenses of division of state fire mar- 
 shal shall not exceed amount paid by fire insurance companies. The 
 salaries, compensation of clerks and assistants and all other expenses in 
 
LAW BULLETIN 55 
 
 the division of the state fire marshal necessary in the performance of the 
 duties imposed upon it by law, shall not exceed in any year the amount 
 paid into the state treasury for that year by fire insurance companies as 
 provided in the next following section, and by the state fire marshal as 
 provided in this act. (109 v. 126.) 
 
 SECTION 1170. Ohio Agricultural Experiment Station; control, 
 management and supervision. There shall be a state agricultural ex- 
 periment station for the prosecution of practical and scientific research 
 in agriculture and forestry and the development of the agricultural re- 
 sources of the state. It shall be known as the Ohio agricultural experi- 
 ment station, and shall be under the control, management, supervision 
 and direction of a board of control, which shall consist of the director of 
 agriculture and the members of the board of trustees of the Ohio state 
 university. (109 v. 126.) 
 
 SECTION 1171. Board of control may receive and hold in trust, 
 grant, devise, donation or bequest. The board of control may receive 
 and hold in trust in the name of the state of Ohio and for the use and 
 benefit of the Ohio agricultural experiment station a grant or devise of 
 land or a donation or bequest of money, or other personal property, to be 
 applied to the general or special use of the station, as directed by the 
 donor. (109 v. 126.) 
 
 SECTION 1172. Title to lands shall be conveyed in fee simple. The 
 title of all lands for the use of the Ohio agricultural experiment station 
 shall be conveyed in fee simple to the state, but no title shall be conveyed 
 for such purposes until the attorney general is satisfied that it is free 
 from defects and encumbrances. (109 v. 126.) 
 
 SECTION 1173. Powers and duties of board of control; “the state 
 board of agriculture”; qualifications, appointments, term, duties, com- 
 pensation. The board of control shall exercise all powers, and through 
 such agency as it may select, perform such duties as are vested by any 
 law in or imposed upon the board of control of the Ohio agricultural ex- 
 periment station. 
 
 The governor shall appoint an advisory board, which shall be known 
 as “the state board of agriculture” and which shall consist of ten mem- 
 bers, who shall be practical farmers. The initial appointments hereunder 
 shall, be as follows: Two members to serve for one year, two for two 
 years, two for three years, two for four years and two for five years. 
 Thereafter two members shall be appointed each year for the period of 
 five years. Such board shall advise the department of agriculture with 
 respect to the work of that department; the board of control of the Ohio 
 agricultural experiment station; and the department of public welfare 
 with reference to the management of institutional farms. Such board 
 shall exercise no administrative function and its members shall receive 
 no compensation, but may receive their actual and necessary expenses, 
 which shall be paid from appropriations made to the department of agri- 
 culture. This section shall not be so construed as to prevent the appoint- 
 ment in the department of agriculture or the department of public wel- 
 fare of other advisory boards authorized by law. (109 v. 126.) 
 
56 DEPARTMENT OF PUBLIC WELFARE 
 
 SECTION 1178. Purposes and duties of the department of high- 
 ways and public works. The department of highways and public 
 works shall be for the purpose of constructing, improving, main- 
 taining and repairing a state system of highways, co-operating 
 with the federal government in the construction, improvement, main- 
 tenance and repair of post roads or other roads designated by 
 the federal authorities, and affording instruction, assistance and 
 co-operation to the counties, townships and other subdivisions of the 
 state in the construction, improvement, maintenance and repair of the 
 public roads and bridges of the state, under the provisions of this 
 chapter. (109 v. 127.) 
 
 SECTION 1233. Commissioner of health, duties of, prescribed. The 
 commissioner of health shall perform all executive duties now required 
 by law of the state board of health and the secretary of the state board 
 of health, and such other duties as are incident to his position as chief 
 executive officer. He shall administer the laws relating to health and 
 sanitation and the regulations of the state department of health. He 
 shall prepare sanitary regulations for consideration by the public health 
 council and shall submit to said council recommendations for new legis- 
 lation. (109 v. 127.) 
 
 SECTION 1261-2. Plumbing inspectors; qualifications; Rules and 
 regulations; Plans and specifications. In the department of health there 
 shall be such number of plumbing inspectors as the necessities of the 
 work shall require and the appropriations for such inspections will per- 
 mit. Such inspectors shall be practical plumbers with at least seven 
 years’ experience, and skilled and well trained in matters pertaining to 
 sanitary regulations concerning plumbing work. The department of 
 health shall have the power to make and enforce rules and regulations 
 governing plumbing and register those persons engaged in or at the 
 plumbing business to carry out the provisions of this act. Plans and 
 specifications for all sanitary equipment or drainage to be installed in or 
 for buildings coming within the provisions of this act shall be submitted 
 to and approved by the department of health before the contract for in- 
 stallation of the sanitary equipment or drainage shall be let. (109 v. 
 ies) 
 
 SECTION 1807. How board of an institution may acquire real estate. 
 When it is necessary for a state benevolent, correctional or penal institu- 
 tion, or for the accomplishment of the purposes. for which it was organ- 
 ized, or is being conducted, to acquire any real estate, right of way or 
 easement in real estate, and the state officer or board in control thereof 
 is unable to agree with the owner or owners thereof upon the price to be 
 paid therefor, such property may be appropriated in the manner provided 
 by law for the appropriation of property for other state purposes. (109 
 iS PAT), 
 
 SECTION 1857. Power to employ engineers, superintendents, etc., 
 fix titles and compensation. The board (Department of Public Welfare) 
 may employ such mechanical engineers, superintendents and supervisors 
 as it may deem necessary, and fix their titles and compensation which, 
 with all necessary expenses when itemized and approved, shall be paid 
 like other expenses of the board. (109 v. 127.) 
 
LAW BULLETIN 57 
 
 SECTION 1931-1. Board of trustees Ohio Soldiers’ and Sailors’ 
 Orphans’ Home; appointment, term, vacancy; powers and duties. There 
 shall be a board known as the Board of Trustees of the Ohio Soldiers’ 
 and Sailors’ Orphans’ Home, who shall have charge and custody of the 
 Ohio Soldiers’ and Sailors’ Orphans’ Home at Xenia, Ohio, which said 
 board shall consist of five members. The governor, with the advice and 
 consent of the senate, shall appoint the members of such board upon the 
 passage of this act; one for five years, one for four years, one for three 
 years, one for two years, and one‘for one year, and thereafter each year 
 the governor, with the advice and consent of the senate, shall appoint, 
 for the Ohio Soldiers’ and Sailors’ Orphans’ Home at Xenia, Ohio, one 
 trustee, who shall serve for a term of five years from the ensuing first 
 Monday in April. A vacancy in the office of trustee occasioned by ex- 
 piration of term, removal or otherwise shall be filled in the same manner 
 as the original appointment, and shall be for the remainder of the term. 
 At any time the governor may remove any trustee with the advice and 
 consent of the senate. During the recess of the senate he may suspend 
 any trustee but shall report his action to the senate at its next session, 
 and, if the senate so advise and consent, such trustee shall be removed, 
 but otherwise he shall be restored to his office. The governor shall 
 designate a person to perform the duties of the suspended trustee during 
 such suspension. The nomination by the governor and confirmation by 
 the senate of a person to take the place of a trustee in office, shall be a 
 removal of such trustee. 
 
 Such board shall govern, conduct and care for such home, the prop- 
 erty thereof and the inmates therein as provided in the laws governing 
 “The Ohio Board of Administration” so far as the provisions thereof are 
 not inapplicable and are not inconsistent with the provisions of the laws 
 governing such homes. 
 
 Three members of such board shall constitute 4 quorum but any two 
 may approve accounts for the payment of current expenses, salaries and 
 open contracts previously entered into by the board. 
 
 All supplies for such home shall be purchased as provided in section 
 one thousand eight hundred forty-nine of the General Code. (109 v. 128.) 
 
 SECTION 2248. Salaries of elective executive state officers. The 
 annual salaries of the elective executive officers of the state shall be as 
 follows: 
 
 Governor, ten thousand dollars; 
 
 Lieutenant-governor, two thousand dollars; 
 
 Secretary of state, six thousand five hundred dollars; 
 
 Auditor of state, six thousand five hundred dollars; 
 
 Treasurer of state, six thousand five hundred dollars; 
 
 Attorney general, six thousand five hundred dollars. (109 v. 128.) 
 
 SECTION 2250. Salaries of appointive State officers and employes. 
 The annual salaries of the appointive state officers and employes herein 
 enumerated shall be as follows: 
 
 Department of Finance: 
 
 Director of finance, six thousand five hundred dollars. 
 Superintendent of budget, four thousand dollars. 
 
58 DEPARTMENT OF PUBLIC WELFARE 
 
 Superintendent of purchases and printing, five thousand dollars. 
 Department of Commerce: 
 Director of commerce, six thousand five hundred dollars. 
 Superintendent of building and loan associations, five thousand 
 dollars. 
 State fire marshal, four thousand five hundred dollars. 
 Superintendent of insurance, five thousand dollars. 
 Department of Highways and Public Works: 
 Superintendent of public works as director of highways and 
 public works, six thousand five hundred dollars. 
 State architect and engineer, four thousand dollars. 
 State highway engineer, five thousand dollars. 
 Department of Agriculture: 
 Director of agriculture, six thousand five hundred dollars. 
 Chief of division of animal industry, three thousand six hun- 
 dred dollars. 
 Chief of division of fish and game, three thousand six hundred 
 dollars. 
 Chief of division of foods and dairies, three thousand dollars. 
 Chief of division of plant industry, three thousand dollars. 
 Chief of division of state fair, three thousand six hundred 
 dollars. 
 Department of Health: 
 Director of health, six thousand five hundred dollars. 
 
 Department of Industrial Relations: 
 Director of industrial relations, six thousand five hundred 
 dollars. 
 Chief of division of factory inspection, three thousand six hun- 
 dred dollars. 
 Chief of division of labor statistics, three thousand dollars. 
 Chief of division of mines, three thousand six hundred dollars. 
 Department of Education: 
 Superintendent of public instruction as director of education, 
 six thousand five hundred dollars. 
 Chief of division of examination and licensing, two thousand five 
 hundred dollars. 
 Chief of division of film censorship, three thousand six hundred 
 dollars. 
 Director of public welfare, six thousand five hundred dollars. 
 Fiscal supervisor, four thousand dollars. 
 Superintendent of charities, four thousand dollars. 
 Superintendent of pardon and parole, four thousand dollars. 
 
 Commissioner of soldiers’ claims, two thousand, five hundred dollars. 
 
 The assistant director of a department designated to fill one of the 
 offices within such department for which a salary is fixed by this section 
 shall receive the salary fixed herein for the position so held by him. 
 (109 v. 129.) 
 
 SECTION 2288-2. Certification of balance required before contract. 
 It shall be unlawful for any officer, board or commission of the state to 
 enter into any contract, agreement or obligation involving the expendi- 
 
LAW BULLETIN 59 
 
 ture of money, or pass any resolution or order for the expenditure of 
 money, unless the director of finance shall first certify that there is a 
 balance in the appropriation pursuant to which such obligation is re- 
 quired to be paid, not otherwise obligated to pay precedent obligations. 
 (109 v. 130.) 
 
 SECTION 2312. Emergency Board, how composed. There shall be 
 an emergency board to consist of the governor, or a designated officer or 
 employe, if appointed by the governor for such purpose, the chairman 
 of the senate finance committee, and chairman of the house finance com- 
 mittee. The governor shall be president and the director of finance shall 
 be secretary of the board; but the director of finance may designate an 
 employe in his department to act as such secretary. The secretary shall 
 keep a complete record of all its proceedings. The chairman of the sen- 
 ate and house finance committees shall be paid their necessary traveling 
 expenses upon presentation to the auditor of state of an itemized account 
 of the same, while engaged in their duties as such members, which shall 
 be paid from the funds appropriated for the payment of expenses of leg- 
 islative committees, upon vouchers approved by the auditor of state, and 
 the auditor of state is hereby authorized to draw his warrants upon the 
 treasurer of state therefor. (109 v. 1380.) 
 
 SECTION 238138. How authority obtained to make expenditures in 
 case of deficiency or emergency. In case of any Geficiency in any of the 
 appropriations for the expenses of an institution, department or commis- 
 sion of the state for any biennial period, or in case of an emergency re- 
 quiring the expenditure of money not specifically provided by law, the 
 trustees, managers, directors or superintendent of such institution, or 
 the officers of such department or commission, may make application to 
 the emergency board for authority to create obligations within the scope 
 of the purpose for which such appropriations were made or to expend 
 money not specifically provided for by law. Such applicant shall fully 
 set forth to the secretary in writing the facts in connection with the case. 
 As soon as can be done conveniently, the secretary shall arrange for a 
 meeting of the board, and shall notify the applicant of the time and place 
 of the meeting and request his presence. No authority to make such ex- 
 penditures shall be granted with the approval of less than two members 
 of the board, who shall sign it. (109 v. 131.) 
 
 SECTION 7939. Appointment of trustees. The government of Miami 
 university shall be vested in twenty-seven trustees, to be appointed by 
 the governor by and with the advice and consent of the senate. Nine 
 trustees shall be appointed every third year, for a term of nine years, 
 beginning on the first day of March in the year of their appointment. 
 Vacanacies in the board of trustees shall be filled for the unexpired term 
 in the same manner. In addition to the trustees herein provided for, the 
 director of education shall be a member of the board of trustees of Miami 
 university, with power to speak but not to vote therein. (109 v. 131.) 
 
 SECTION 2249-1. Pay of adjutant general, assistant and quarter- 
 master. The adjutant general, the assistant adjutant general, and the 
 assistant quartermaster general shall receive the pay and allowance of 
 their rank according to those at the time prescribed for the armies of the 
 United States. (109 v. 131.) 
 
60 DEPARTMENT OF PUBLIC WELFARE 
 
 SECTION 7931-1. Appointment of trustees. The body politic and 
 corporate by the name and style of “The President and Trustees of the 
 Ohio University” now in the university instituted and established in the 
 village of Athens by the name and style of “The Ohio University” shali 
 hereafter consist of a board of trustees composed of the director of edu- 
 cation and seven members, at least four of whom shall be graduates of 
 Ohio university, to be appointed by the governor, by and with the advice 
 and consent of the senate; but all persons now serving as members of 
 said body politic and corporate may continue to serve as members thereof; 
 and so long as they continue to serve such body politic and corporate 
 shall consist of such present members together with the members whose 
 positions are hereby created; but no successors shall be appointed to such 
 persons now serving. The director of education shall have power to 
 speak, but not to vote in such board of trustees. In the year 1922 the 
 governor shall appoint seven members of such body politic and corporate, 
 one for a term of one year, one for a term of two years, one for a term 
 of three years, one for a term of four years, one for a term of five years, 
 one for a term of six years and one for a term of seven years, all com- 
 mencing on the fourteenth day of May of such year. Thereafter one 
 trustee shall be appointed each year for a term of seven years from the 
 fcurteenth day of May of such year, and serve until his successor is ap- 
 pointed and qualified. A vacancy in the office of trustee shall be filled by 
 like appointment for the unexpired term. Such trustees shall receive no 
 compensation for their services, but shall be paid their actual and neces- 
 sary expenses while engaged in the discharge of their official duties. No 
 moneys appropriated for the use or support of the Ohio University shall 
 be withdrawn from the state treasury for such use until “The President 
 and Trustees of the Ohio University”, as constituted when this section 
 takes effect, shall consent to the provisions hereof and file duplicate cer- 
 tificates of such consent in the offices of the secretary of state and the 
 auditor of state. (109 v. 131.) 
 
 SECTION 3. Sections and acts repealed. Said original sections 243, 
 321, 496, 710-6, 840, 1170, (enacted as section 93 of an act entitled “An 
 Act to create the agricultural commission of Ohio and to prescribe its 
 organization”, etc., approved May 3, 1913, (103 Ohio Laws 3823), 1170, 
 (enacted as section 1 of an act entitled ““An Act to create a board of 
 control for the Ohio agricultural experiment station”, etc., approved April 
 8, 1915, (106 Ohio Laws, 122), 1171, 1172, (enacted as section 95 of an 
 act entitled “An Act to create the agricultural commission of Ohio and 
 to prescribe its organization”, ete., approved May 3, 1913 (103 Ohio Laws, 
 324), 1172, (enacted as section 7 of an act entitled “An Act to create a 
 beard of control for Ohio agricultural experiment station”, etc., approved 
 April 8, 1915, (106 Ohio Laws, 123), 1173, (enacted as section 96 of an 
 act entitled ““An Act to create the agricultural commission of Ohio and 
 to prescribe its organization”, etc., approved May 8, 1913, (103 Ohio 
 Laws, 324), 1173, (enacted as section 8 of an act entitled “An Act to 
 create a board of control for the Ohio agricultural experiment station”, 
 ete., approved April 8, 1915, (106 Ohio Laws, 123), 1178, 1233, 1261-2. 
 1807, 1857, 1931-1, 2248, 2250, 2288-1 as enacted by the act approved 
 March 29, 1917 (107 O. L. 457), 2312, 2313 and 7939 of the General Code, 
 
LAW BULLETIN 61 
 
 and sections 86, 87, 88, 89, 90, 146, 147, 148, 149, 150, 151, 152, 153, 154, 
 196-1, 196-2, 196-3, 196-16, 196-18, 199, 242-1, 242-2, 270-1, 270-4, 270-5, 
 367-3, 367-4, 403-1, 406, 408, 409, 498, 615, 616, 618, 619, 620, 674, 675, 
 744-14, 744-15, 744-16, 744-17, 744-19, 744-20, 744-23, 746, 747, 752, 788, 
 789, 790, 791, 798-2, 798-4, 798-8, 799, 800, 801, 820, 821. 822, 823, 842, 844, 
 845, 848, 871-46, 871-47, 905, 982, 1079, 1079-1, 1080, 1081, 1083, 1084, 1087, 
 1087-2, 1088, 1089, 1089-1, 1099, 1123, 1171-2, 1171-8, 1177-22, 1177-23, 
 1177-24, 1177-25, 1179, 1180, 1188, 1232-1, 1233-1, 1286-2, 1261-1, 1440, 
 1465-8, 1465-43, 1808, 1809, 1833, 1834, 1836, 1837, 1841-7, 1861 and 5227 
 ef the General Code are hereby repealed. (109 v. 132.) 
 
 SECTION 4. Employes in classified service shall be assigned in proper 
 department; transfer of books, records, papers, property, etc. Every 
 officer and employe in the classified civil service of the state civil service 
 at the time this act takes effect shall be assigned to a position in the 
 proper department created by this act, and, so far as possible, to duties 
 equivalent to his former office or employment; and such officers and 
 employes shall be employes of the state in the classified civil service of 
 the state of the same standing, grade and privileges which they respect- 
 ively had in the office, board, department, commission or institution from 
 which they were transferred, subject, however, to existing and future 
 civil service laws. This section shall not be construed to require the 
 retention of more employes than are necessary to the proper performance 
 of the functions of such departments. 
 
 All books, records, papers, documents, property, real and personal, 
 and pending business in any way pertaining to the rights, powers and 
 duties by this act transferred to or vested in a department created by 
 this act, or to or in any other office, department or institution, at the time 
 this act takes effect shall be delivered and transferred to the department, 
 office or institution succeeding to such rights, powers and duties. 
 
 Acts done, rights established, etc., shall not be affected. This act 
 shall not affect any act done, ratified or affirmed, or any right accrued or 
 established, or any pending action, prosecution or proceedings, civil or 
 criminal, at the time it takes effect; nor shall this act affect causes of such 
 action, prosecution or proceeding existing at the time it takes effect; but 
 such actions, prosecutions or proceedings may be prosecuted and con- 
 tinued, or instituted and prosecuted, by or before the department having 
 jurisdiction or power under this act of the subject matter to which such 
 action, prosecution or proceeding pertains. 
 
 Temporary appointments. If the senate is not in session at the time 
 initial appointments are to be made under this act, the governor shall 
 make temporary appointments as in case of a vacancy, to all offices re- 
 quired by this act to be filled by appointment by the governor by and with 
 the advice and consent of the senate, unless the initial appointments are 
 otherwise provided for in this act. 
 
 Present boards, departments, etc., shall continue to end of fiscal 
 year. If this act shall go into effect prior to the expiration of the 
 present fiscal year, the present existing departments, bureaus, offices, 
 boards, commissions, and other crganizations of the state government 
 affected by this act shall continue, and the officers and employes therein 
 shall continue to serve until the expiration of the present fiscal year for 
 
62 DEPARTMENT OF PUBLIC WELFARE 
 
 which appropriations have been made, unless their terms of office expire 
 prior thereto; and the reorganization herein provided for shall be put 
 into effect and the officers whose positions are hereby created shall as- 
 sume their duties at the commencement of the succeeding fiscal year. 
 
 (109 v. 132.) 
 
 SECTION 5. Emergency act. Committee to make investigation by 
 83rd General Assembly. This act is hereby declared to be an emergency 
 law necessary for the immediate preservation of the public peace, health 
 and safety. The reasons for such necessity lie in facts, which two-thirds 
 of all the members elected to each branch of the general assembly have 
 considered, found and determined and which are separately set forth 
 herein, as follows: 
 
 The eighty-third general assembly created a joint legislative com- 
 mittee to “investigate all of the * * * offices which have been created 
 by the general assembly * * * with a view of * * * combining 
 and centralizing the duties of the various departments, eliminating such 
 as are useless and securing for the state of Ohio such a reorganization 
 of its governmental activities as will promote greater efficiency and 
 greater economy therein.” Said committee made exhaustive investiga- 
 tions and published numerous reports, declaring the necessity of reorgan- 
 izing fundamentally the executive branch of the state government in 
 order to promote efficiency and conserve the public funds. Upon the 
 organization of the eighty-fourth general assembly, special committees 
 were appointed in each house thereof to consider the recommendations of 
 the former joint committee. The governor, in his message to the general 
 assembly, recommended action along the general lines indicated by the 
 former committee’s report. Wide publicity has been given to various 
 projected plans of reorganization. 
 
 According to the annual reports of the auditor of state, the balances 
 subject to draft in the general revenue fund of the state, from which 
 many of the activities of the state government are supported, had shrunk 
 from more than two million dollars on June 30th, 1919, to less than one 
 million dollars on June 30th, 1920, (all of which, and more, was covered 
 by unlapsed appropriations for the preceding fiscal year), clearly indicat- 
 ing the immediate necessity either for increasing the revenues of the 
 state, or for effecting such a reorganization of the state administration 
 as would tend to conserve the present revenues. General economic condi- 
 tions make increased taxes highly undesirable at the present time. 
 
 At the convening of the eighty-fourth general assembly numerous 
 vacancies existed in various state offices and in various state boards, and 
 other like vacancies have occurred since that time. By reason of the 
 known probability of a reorganization such as is embodied in this act, 
 persons appointed to fill such vacancies have uncertain tenure and are 
 thereby deterred from initiating and carrying through definite adminis- 
 trative policies; and in several instances such appointments have been 
 accepted temporarily only, pending early reorganization. 
 
 As a result of all the foregoing, the state service in the appointive 
 state departments, shown by said investigations to be wasteful and in- 
 efficient, is becoming increasingly demoralized. All of these departments 
 exercise functions pertaining to the protection of the public health, the 
 
LAW BULLETIN 63 
 
 conservation of the public peace and morals, or the promotion of the 
 public safety. The necessity of placing their functions upon a sound, 
 economical, permanent and secure basis is great and immediate. 
 
 The appropriations for the current expenses of the state govern- 
 ment and institutions which must be made by the eighty-fourth general 
 assembly for the fiscal biennium beginning July 1st, 1921, cannot be 
 effectually apportioned nor their amounts fixed unless the reorganiza- 
 tion effected by this act is operative during the period to be covered by 
 such appropriations, so that the departments and offices of the state gov- 
 ernment are definitely determined; and such determination must be made 
 and the framework of the executive branch of the state government must 
 be definitely established and known at the time the general assembly is 
 considering such appropriations. 
 
 The sectional numbers in this act are in conformity to the General 
 Code. 
 
 JOHN G. PRICE, Attorney General. 
 
 Therefore, this act shall go into immediate effect. 
 
 RUPERT BEETHAM, 
 Speaker of the House of Representatives. 
 
 CLARENCE J. BROWN, 
 President of the Senate. 
 Passed April 19, 1921. 
 Approved April 26, 1921. 
 
 Harry L. Davis, 
 Governor. 
 
 Filed in the office of the Secretary of State at Columbus, Ohio, on the 
 26th day of April, A. D. 1921. 
 
 SECTION 173-2. Approval by printing commission before publica- 
 tion. No officer, board or commission, shall print or cause to be printed 
 at the public expense, any report, bulletin or pamphlet, unless such re- 
 port, bulletin or pamphlet be first submitted to and the publication thereof 
 approved by the commissioners of public printing. If such commission 
 shall approve the publication thereof, it shall determine the form of such 
 publication and the number of copies thereof, provided that in all cases 
 the commissioners of public printing shall cause their action thereon to 
 be entered upon the minutes of their proceedings. 
 
 Where printing may be done. If such approval is given, the com- 
 missioners shall cause the same to be printed, and may authorize such 
 printing to be done at any penal, correctional or benevolent institution of 
 the state having a printing department of sufficient equipment therefor; 
 and when printed, such publications, other than the Ohio General 
 Statistics, shall be delivered to such officer, board or commission for dis- 
 tribution by him or it. (106 v. 508.) 
 
 SECTION 174. Officers must answer questions; penalty. Each state, 
 county and other officer under the laws of this state, shall answer fully, 
 promptly and without compensation, such special and general questions 
 for securing statistical information as the secretary of state may pro- 
 L B Sig 5 
 
64 DEPARTMENT OF PUBLIC WELFARE 
 
 pose. If any officer refuses or neglects to furnish promptly full and ac- 
 curate answers to any such questions, he shall forfeit and pay not less 
 than five dollars nor more than fifty dollars, to be recovered by civil 
 action in the name of the state. When directed by the secretary of state, 
 the prosecuting attorney of the proper county shall institute and prosecute 
 such action and pay the amount collected into the county treasury. 
 (65 v. 92.) 
 
 SECTION 246. Duplicate warrants; when and how issued. When- 
 ever it is made to appear to the satisfaction of the auditor of state, by 
 affidavit or otherwise, that any warrant on the state treasury by him 
 issued has been lost or destroyed prior to its presentation for payment, 
 and there is no reasonable probabilty of its being found or presented, 
 such auditor may issue to the proper person a duplicate of such lost or 
 destroyed warrant, provided that before issuing suck duplicate said audi- 
 tor of state shall require of the person making such application a bond 
 in double the amount of such claim, payable to the state of Ohio, with 
 surety to the approval of said auditor and of the treasurer of state, and 
 conditioned to make good any loss or damage sustained by any person or 
 persons on account of the issuance of said duplicate and the subsequent 
 presentation and payment of the original. The form of said bond is to 
 be prepared by the attorney general and the bond when executed filed in 
 the office of the treasurer of state. The duplicate warrant issued shall be 
 plainly stamped or marked so that its character may be readily and easily 
 ascertained, and in no event shall any liability attach to the treasurer of 
 state on account of his paying any duplicate warrant issued under 
 authority of this section. (104 v. 162.) 
 
 SECTION 267. Record of land titles deposited with auditor of state. 
 The evidence of title of lands other than public lands, belonging to or 
 hereafter acquired by the state, shall be recorded in the office of the re- 
 corder of the counties in which they are situated, and when so recorded 
 such evidence of title shall be deposited with the auditor of state and 
 kept in his office. He shall make an abstract of the title of all lands 
 acquired by the state in a book prepared for that purpose and open for 
 inspection by all persons interested. (74 v. 56.) 
 
 SECTION 268. Account of claims kept by auditor of state; certified 
 to attorney general for adjustment or judgment. The auditor of state 
 shall keep an account of claims reported to him by an officer or agent of 
 the state which reports shall be made in such form and manner as may 
 be prescribed by the auditor of state. Upon the receipt of such reports 
 the auditor of state shall certify a copy thereof to the attorney-general, 
 who shall give immediate notice by mail or otherwise to the party in- 
 debted of the nature and amount of such indebtedness. The attorney- 
 general shall collect such claim or secure judgment and execution thereon. 
 Such claims shall bear interest at the rate of six per cent per annum 
 from the day on which they respectively fall due. The attorney-general 
 and auditor of state may adjust any claim in such manner as they deem 
 equitable. They may extend the time of the payment of a claim or judg- 
 ment due the state for such period of time as they deem best for the 
 interests of the state, but not to exceed one year, and they may require 
 and take security for its payment. (107 v. 546.) 
 
LAW BULLETIN 65 
 
 SECTION 270-2. Biennial statements to be furnished by auditor of 
 state. On or before the fifteenth day of November, biennially, in the 
 even numbered years the auditor of state shall furnish to the governor 
 the following statements: 
 
 1. A statement showing the balance standing to the credit of the 
 several appropriations for each department, institution, commission and 
 office of the state, and for each and every current purpose of the state 
 government, at the end of the last fiscal year. 
 
 2. A statement showing monthly revenues and expenditures from 
 each appropriation account in the twelve months, and the monthly 
 revenues and expenditures from all the appropriation accounts in the 
 twelve months of the last fiscal year. 
 
 3. A statement showing the annual revenues and expenditures of 
 each appropriation account for each year of the last four fiscal years in 
 which any appropriation account has existed. 
 
 4. A statement showing the monthly average of such expenditures 
 from each of the several appropriation accounts for the last fiscal year, 
 and also the total monthly average from all of them for the last four 
 fiscal years. (1038 v. 658.) 
 
 SECTION 270-3. Departments, etc., shall furnish information to gov- 
 ernor. The departments, institutions, commissions and officers of the 
 state, upon request, shall forthwith furnish to the governor any informa- 
 tion desired in relation to the affairs of their respective departments, 
 institutions or officers. (103 v. 659.) 
 
 See Sections 154-31; 154-33; 154-34. 
 
 SECTION 273-1. Accountant’s inventory. The auditor of state, not 
 more than twenty days nor less than ten days, prior to the expiration of 
 the term of office of any state official, who is the head of a department, 
 shall send an accountant to the office of such retiring state official for the 
 purpose of making an inventory of all properties, supplies, furniture, 
 credits and moneys, and any other thing belonging to the state, which it 
 shall be the duty of such retiring official to turn over to his successor in 
 office, or pay into the state treasury, and when such inventory has been 
 made, such said accountant shall prepare a schedule thereof, and sign 
 the same as such state accountant; one copy of which shall be delivered 
 to such retiring state official, one copy thereof to his successor in office, 
 and one copy thereof to be filed with the governor, one copy thereof to 
 be filed with the auditor of state, and one copy thereof to be filed with 
 the attorney general. (101 v. 213.) 
 
 SECTION 273-2. Accountant’s statement. It shall be the further 
 duty of such accountant to check over the transactions of such state 
 official during his term in office, and shall make a statement thereof, in 
 writing, to be included in such report as hereinbefore provided. Such 
 statement shall show what sum cr sums of money remain in the hands 
 of such retiring state official at the time of the expiration of his office, 
 which said sum or sums of money it may be his duty to turn over to his 
 
 successor in office, or pay into the state treasury as provided by law. 
 (101 v. 213.) 
 
66 DEPARTMENT OF PUBLIC WELFARE 
 
 SECTION 273-3. Exception as to auditor of state. Provided never. 
 theless, that when such retiring state official shall be the auditor of state, 
 then an accountant shall be employed by the governor to perform the 
 duties and make the report as provided in this act, so far as such exam- 
 ination shall affect or concern the transactions of the outgoing auditor of 
 state. Such accountant shall be paid out of the fund provided for the 
 bureau of accounting. (101 v. 213.) 
 
 SECTION 273-4. State institutions or departments. When any de- 
 partment or any institution of this state is controlled or managed by a 
 board composed of two or more members, then and in that event, the 
 transactions of such department or institution shall be examined as pro- 
 vided in this act, when any member or members of such board shall retire 
 
 from office. (101 v. 213.) 
 
 INSPECTION AND SUPERVISION OF PUBLIC OFFICES 
 
 SECTION 274. Bureau of inspection and supervision. There shall 
 be a bureau of inspection and supervision of public offices in the depart- 
 ment of auditor of state which shall have power as hereafter provided in 
 sections two hundred and seventy-five to two hundred eighty-nine, in- 
 ‘clusive, to inspect and supervise the accounts and reports of all state 
 offices, including every state educational, benevolent, penal and reforma- 
 tory institution, public institution and the offices of each taxing district 
 -or public institution in the state of Ohio. Said bureau shall have the 
 power to examine the accounts of every private institution, association, 
 board of corporation receiving public money for its use and purpose, and 
 may require of them annual reports in such form as it may prescribe. 
 The expense of such examination shall be borne by the taxing district 
 providing such public money. By virtue of his office the auditor of state 
 shall be chief inspector and supervisor of public offices, and as such ap- 
 point not exceeding two deputy inspectors and supervisors, and a clerk. 
 No more than one deputy inspector and supervisor shall belong to the 
 same political party. (106 v. 26.) 
 
 ATTORNEY GENERAL 
 
 SECTION 333. Duties. The attorney general shall be the chief law 
 officer for the state and all its departments. No state officer, board, or a 
 head of a department or institution of the state shall employ, or be repre- 
 sented by, other counsel or attorneys-at-law. The attorney general shall 
 appear for the state in the trial and argument of all civil and criminal 
 causes in the supreme court in which the state may be directly or indi- 
 rectly interested. When required by the governor or the general assem- 
 bly, he shall appear for the state in any court or tribunal in a cause in 
 which the state is a party, or in which the state is directly interested. 
 Upon the written request of the governor, he shall prosecute any person 
 indicted for a crime. (97 v. 59.) 
 
 SECTION 341. Legal advice to state officers and boards. The at- 
 torney general, when so requested, shall give legal advice to a state 
 officer, board or commission, the warden or directors of the penitentiary, 
 
LAW BULLETIN 67 
 
 the superintendent, trustee, or directors of a benevolent or reformatory 
 institution of the state, and the trustees of the Ohio State University, in 
 all matters relating to their official duties. (70 v. 19.) 
 
 SECTION 344. Shall prepare forms of contracts. The attorney gen- 
 eral shall prepare suitable forms of contracts, obligations and other like 
 instruments of writing for the use of state officers when requested by the 
 governor, secretary of state, auditor of state or treasurer of state. (50 
 v. 267.) 
 
 SECTION 349. Actions to be taken out of their order. Upon motion 
 of the attorney general, embodying a statement that the public interests 
 require it, a civil action, brought or prosecuted by him on behalf of the 
 state, or an officer, board of commission thereof, or an action in which the 
 state is a party, shall be taken out of its order, upon the docket and as- 
 signed for trial at as early day as practicable. (75 v. 125.) 
 
 CIVIL SERVICE 
 
 SECTION 486-8. Positions in unclassified service. The civil service 
 of the state of Ohio and the several counties, cities and city school dis- 
 tricts thereof shall be divided into the unclassified service and the classi- 
 fied service. 
 
 (a) The unclassified service shall comprise the following positions 
 which shall not be included in the classified service, and which shall be 
 exempt from all examinations required in this act. 
 
 1. All officers elected by popular vote or persons appointed to fill 
 vacancies in such offices. 
 
 2. All election officers and the employes and clerks of persons ap- 
 pointed by boards of deputy supervisors and inspectors of elections. 
 
 3. The members of all boards and commissions and heads of prin- 
 cipal departments, boards and commission [commissions] appointed by 
 the governor or by and with his consent; and the members of all boards 
 and commissions and all heads of departments appointed by the mayor, 
 or if there be no mayor such other similar chief appointing authority of 
 any city or city school district. Provided, however, that nothing con- 
 tained in this act shall exempt the chiefs of police departments and 
 chiefs of fire departments of municipalities from the competitive classi- 
 fied service as provided in this act [G. C. $§ 486-1 to 486-31]. 
 
 4.: Members of county or district licensing boards or commissions, 
 and boards of revision and assistant assessors. 
 
 5. All officers and employes elected or appointed by either or both 
 branches of the general assembly, and such employes of the city council 
 as are engaged in legislative duties. 
 
 6. All commissioned, non-commissioned officers and enlisted men in 
 the military service of the state including military appointees in the 
 offices of the adjutant-general. 
 
 7. All presidents, directors, superintendents, principals, instructors 
 and teachers connected with the public school system, colleges and uni- 
 versities; and the library staff of any library in the state supported 
 wholly or in part at public expense. 
 
68 DEPARTMENT OF PUBLIC WELFARE 
 
 8. Three secretaries, assistants or clerks and one personal stenog- 
 rapher for each of the elective state officers; and two secretaries, assis 
 ant or clerks and one personal stenographer for other elective officer 
 and each of the principal appointive executive officers, boards or commis- 
 sions, except civil service commission, authorized by law to appoint 
 such secretary, assistant or clerk and stenographer. 
 
 9. The deputies of elective or principal executive officers authorized 
 by law to act for and in the place of their principals and holding a 
 fiduciary relation to such principals. 
 
 10. Bailiffs, constables, official stenoghaphers and commissioners 
 of courts of record, and such officers and employes of courts of record as 
 the commission may find it impracticable to determine their fitness by 
 competitive examination. 
 
 11. Assistants to the attorney-general, special counsel appointed or 
 employed by the attorney-general, assistants to county prosecuting at- 
 torneys and assistants to city solicitors. 
 
 12. Such teachers and employes in the agricultural experiment 
 stations; such teachers in the benevolent, penal or reformatory institu- 
 tions of the state; such student employes in normal schools, colleges and 
 universities of the state; and such unskilled labor positions as the state 
 commission or any municipal commission may find it impracticable to 
 include in the competitive classified service; provided, that such exemp- 
 tions shall be, by order of the commission, duly entered on the record of 
 the commission with the reasons for each such exemption. 
 
 (b) Persons in classified service. The classified service shall com- 
 prise all persons in the employ of the state, the several counties, cities 
 and city school districts thereof, not specifically included in the unclassi- 
 fied service, to be designated as the competitive class and the unskilled 
 labor class. 
 
 1. The competitive class shall include all positions and employments 
 now existing or hereafter created in the state, the counties, cities and 
 city school districts thereof, for which it is practicable to determine the 
 merit and fitness of applicants by competitive examinations. Appoint- 
 ments shall be made to, or employment shall be given in, all positions in 
 the competitive class that are not filled by promotion, reinstatement, 
 transfer or reduction, as provided in this act, and the rules of the commis- 
 sion, by appointment from those certified to the appointing officer in 
 accordance with the provisions of this act. 
 
 2. The unskilled labor class shall include ordinary unskilled labor- 
 ers. Vacancies in the labor class shall be filled by appointment from lists 
 of applicants registered by the commission. The commission shall in its 
 rules require an applicant for registration in the labor class to furnish 
 such evidence or take such tests as it may deem proper with respect to 
 age, residence, physical condition, ability to labor, honesty, sobriety, 
 industry, capacity and experience in the work or employment for which 
 he applies. Laborers who fulfill the requirements shall be placed on the 
 eligible list for the kind of labor or employment sought and preference 
 shall be given in employment in accordance with the rating received 
 from such evidence or in such tests. Upon the request of an appointing 
 
LAW BULLETIN 69 
 
 officer, stating the kind of labor needed, the pay and probable length of 
 employment, and the number to be employed, the commission shall 
 certify from the highest on the list, double the number to be employed, 
 from which the appointing officer shall appoint the number actually 
 needed for the particular work. In the event of more than one applicant 
 receiving the same rating, priority in time of application shall determine 
 the order in which their names shall be certified for appointment. (106 
 v. 404.) 
 
 SECTION 486-10. Examinations. Exception as to soldiers and 
 sailors. All applicants for positions and places in the classified service 
 shall be subject to examination which shall be public, competitive and 
 free for all, within certain limitations, to be determined by the commis- 
 sion, as to citizenship, residence, age, sex, experience, health, habits and 
 moral character; provided, however, that any soldier, sailor marine or 
 Red Cross nurse who has served in the army or navy or hospital service 
 of the United States in the war of the Rebellion, the war with Spain, or 
 the war with the Central Powers of Europe who has been honorably dis- 
 charged therefrom and is a resident of Ohio, may file with the civil 
 service commission a certificate of service and honorable discharge, 
 whereupon his name shall be placed upon an eligible list by the commis- 
 sion, from which eligible list he may be appointed to any position in the 
 civil service of the state which such appointing power may deem him 
 qualified to fill. Such examination shall be practical in character and 
 shall relate directly to those matters which will fairly test the relative 
 capacity of the person examined to discharge the particular duties of the 
 position for which appointment is sought, and shall, when appropriate, 
 include tests of physical qualifications, health and manual skill. 
 
 Notice of time and place of examinations. The state commission 
 shall have control of all examinations, except as otherwise provided in 
 this act. No questions in any examinations shall relate to political or 
 religious opinions or affiliations. Reasonable notice of the time and 
 place and general scope of every competitive examination for appoint- 
 ment to a position in the civil service, except as otherwise provided for 
 in this act, shall be given by the commission. Written or printed notices 
 of every examination for the state classified service shall be sent by the 
 commission to the county clerk of each county in the state, and to the 
 city clerk of each municipality of the state, and such notices promptly 
 upon receipt by them, shall be posted in conspicuous public places in the 
 court house of the county and in the city hall of the municipality, respec- 
 tively. Such notices shall also be posted in a conspicuous place in the offiec 
 of the commission for at least two weeks before an examination. In case 
 of examinations limited by the commission to a district, county or city, 
 the commission shall provide in its rules for adequate publicity of such 
 examinations in the district, county or city, within which competition is 
 permitted. 
 
 SECTION 486-11. Applications; statements required in application. 
 The commission shall require persons applying for admission to any ex- 
 amination, provided for by this act or by the rules of the commission 
 prescribed thereunder to file with the commission within a reasonable 
 
70 DEPARTMENT OF PUBLIC WELFARE 
 
 time prior to the proposed examination a formal application in which the 
 applicant shall state under oath or affirmation: 
 
 (1) Full name, residence and postoffice address. 
 
 (2) Nationality, age and place and date of birth. 
 
 (3) Health and physical capacity for the public service sought. 
 
 (4) Business and employments and residences for five previous 
 years. 
 
 (5) Such other information as may be reasonably required touching 
 the applicant’s merit and fitness for the public service sought; but no 
 inquiry shall be made as to any religious or political opinions or affilia- 
 tions of the applicant. 
 
 Examination fee. No fee or other assessment shall be charged for 
 examinations for positions provided for by this act or by the rules of the 
 commission prescribed thereunder, where the annual salary does not 
 exceed six hundred dollars; for positions where the annual salary ex- 
 ceeds six hundred dollars and is less than one thousand dollars, an exam- 
 ination fee of fifty cents shall be charged; for positions where the annual 
 salary is one thousand dollars or more, an examination fee of one dollar 
 shall be charged. All fees collected under the provisions of this act shall 
 be paid into the state treasury to the credit of the general revenue fund, 
 or in the case of cities into the city treasury. 
 
 Blank forms; grounds for refusal to certify eligible. Blank forms 
 for applications shall be furnished by the commission without charge to 
 any persons requesting the same. The commission may require in con- 
 nection with such application such certificate of persons having knowl- 
 edge of the applicant as the good of the service may demand. The commis- 
 sion may refuse to examine an applicant, or after an examination to cer- 
 tify an eligible, who is found to lack any of the established preliminary 
 requirements for the examination or who is physically so disabled as to 
 be rendered unfit for the performance of the duties of the position which 
 he seeks, or who is addicted to the habitual use of intoxicating liquors or 
 drugs to excess, or who has been guilty of any crime or of infamous or 
 notoriously disgraceful conduct, or who has been dismissed from either 
 branch of the civil service for delinquency or misconduct, or who has 
 made false statements of any material fact, or practiced, or attempted to 
 practice, any deception or fraud in his application or in his examination, 
 in establishing his eligiblity or securing his appointment. 
 
 SECTION 486-12. Eligible lists. From the returns of the examina- 
 tions the commission shall prepare an eligible list of the persons whose 
 general average standing upon examination for such grade or class is 
 not less than the minimum fixed by the rules of the commission and who 
 are otherwise eligible; and such persons shall take rank upon the eligible 
 list as candidates in the order of their relative excellence as determined 
 by the examination without reference to priority of time of examination. 
 In the event of two or more applicants receiving the same mark in an 
 examination, priority in the time of application shall determine the order 
 in which their names shall be placed on the eligible list. The term of 
 eligibility of each list shall be fixed by the commission at not less than 
 one year nor more than two years. When an eligible list is reduced to ° 
 three names or less a new list shall be prepared. (106 v. 408.) 
 
LAW BULLETIN 71 
 
 SECTION 486-13. Appointments, how made. The head of a depart- 
 ment, officer or institution in which a position in the classified service is 
 to be filled shall notify the commission of the fact, and the commission 
 shall, except as provided in sections 486-14 and 486-15 of the General 
 Code, certify to the appointing officer thereof the names and addresses 
 of the three candidates standing highest on the eligible list for the class 
 or grade to which said position belongs. In the event that an eligible 
 list becomes exhausted, through inadvertence or otherwise, and until a 
 new list can be created, or when no eligible list for such position exists, 
 names may be certified from eligible lists most appropriate for the 
 group or class in which the position to be filled is classified. A person 
 certified from an eligible list more than three times to the same appoint- 
 ing officer for the same or similar positions, may be omitted from future 
 certifications to such officer, provided that certification for a temporary 
 appointment shall not be counted as one of such certifications. 
 
 Appointments to all positions in the classified service, as herein de- 
 fined, that are not filled by promotion, transfer or reduction, as provided 
 for in this act and the rules of the commission prescribed thereunder, 
 shall be made only from those persons whose names are certified to the 
 appointing officer in accordance with the provisions of this act [G. C. §§ 
 486-1 to 486-31], and no employment, except as provided in this act, shall 
 be otherwise given in the classified service of this state or any political 
 subdivision thereof. The appointing officer shall notify the commission 
 of each position to be filled and shall fill such position by appointment of 
 one of the three persons certified to him as provided in this act. Forth- 
 with, upon such appointment and employment, each appointing officer 
 shall report to the proper civil service commission the name of such 
 appointee or employee, the title and character of his office, the duties of 
 same, the date of the commencement of same, and the salary or com- 
 pensation thereof, and such other information as the commission re- 
 quires in order to keep the roster herein mentioned. All original and 
 promotional appointments shall be for a probationary period of not to 
 exceed three months to be fixed by the rules of the commission, and no 
 appointment or promotion shall be deemed finally made until the ap- 
 pointee has satisfactorily served his probationary period. At the end of 
 the probationary period the appointing officer shall transmit to the com- 
 mission a record of the employe’s service, and if such service is unsatis- 
 factory, the employe may, with the approval of the commission, be re- 
 moved or reduced without restriction; but dismissal or reduction may be 
 made during such period as is provided for in section 486-17 and 486-17a 
 of the General Code. Any person who is appointed to a position in the 
 classified service under the provisions of this act, except temporary and 
 exceptional appointments, shall be or become forthwith a resident of the 
 state. (106 v. 408.) 
 
 SECTION 486-14. Temporary and exceptional appointments. Posi- 
 tions in the classified service may be filled without competition as follows: 
 
 1. Whenever there are urgent reasons for filling a vacancy in any 
 position in the classified service and the commission is unable to certify 
 to the appointing officer, upon requisition by the latter, a list of persons 
 eligible for appointment after a competitive examination, the appointing 
 
72 DEPARTMENT OF PUBLIC WELFARE 
 
 officer may nominate a person to the commission for non-competitive ex- 
 amination, and if such nominee shall be certified by the commission as 
 qualified after such non-competitive examination, he may be appointed 
 provisionally to fill such vacancy until a selection and appointment can be 
 made after competitive examination; but such provisional appointment 
 shall continue in force only until regular appointment can be made from 
 eligible lists prepared by the commission, and such eligible lists shall be 
 prepared within ninety days thereafter. In case of an emergency an ap- 
 pointment may be made without regard to the rules of this act [G. C. §§ 
 486-1 to 486-31], but in no case to continue longer than thirty days, and 
 in no case shall successive appointments be made; provided, however, 
 that interim or temporary appointments, made necessary by reason of 
 sickness or disability of regular officers, employes or subordinates shall 
 continue only during such period of sickness or disability, subject to rules 
 to be provided for by the commission. 
 
 2. In case of a vacancy in a position in the classified service where 
 peculiar and exceptional qualifications of a scientific, managerial, pro- 
 fessional, or educational character are required, and upon satisfactory 
 evidence that for specified reasons competition in such special case is 
 impracticable and that the position “an best be filled by a selection of 
 Some designated person of high and recognized attainments in such quali- 
 ties, the commission may suspend the provisions of the statute requiring 
 competition in such case, but no suspension shall be general in its appli- 
 cation to such place, and all such cases of suspension shall be reported in 
 the annual report of the commission with the reasons for the same. 
 
 3. Where the services to be rendered by an appointee are for a 
 temporary period, not to exceed one month, and the need of such service 
 is important and urgent, the appointing officer may select for such 
 temporary service any person on the proper list of those eligible for per- 
 manent appointment. Successive temporary appointments to the same 
 position shall not be made under this provision. The acceptance or re- 
 fusal by an eligible of a temporary appointment shall not affect his stand- 
 ing on the register for permanent employment; nor shall the period of 
 temporary service be counted as a part of the probationary service in 
 case of subsequent appointment to a permanent position. (106 v. 409.) 
 
 SECTION 486-15. Promotions; examinations. Vacancies in positions 
 in the classified service shall be filled in so far as practicable by promo- 
 tions. The commission shall provide in its rules for keeping a record 
 of efficiency for each employe in the classified service, and for making 
 promotions in the classified service on the basis of merit, to be ascer- 
 tained as far as practicable by promotional examinations, by conduct and 
 capacity in office, and by seniority in service; and shall provide that 
 vacancies shall be filled by promotion in all cases where, in the judgment 
 of the commission, it shall be for the best interest of the service so to fill 
 such vacancies. All examinations for promotions shall be competitive. 
 In promotional examinations efficiency and seniority in service shall form 
 a part of the maximum mark attainable in such examination. In all 
 cases where vacancies are to be filled by promotion, the commission shall 
 certify to the appointing authority only the name of the person having 
 
LAW BULLETIN 73 
 
 the highest rating. The method of examination for promotions, the man- 
 ner of giving notice thereof, and the rules governing the same shall be 
 in general the same as those provided for original examinations, except 
 as otherwise provided herein. 
 
 SECTION 486-16. Transfers and reinstatements. With the consent 
 of the commission, a person holding an office or position in the classified 
 service may be transferred to a similar position in another office, depart- 
 ment or institution having the same pay and similar duties; but no trans- 
 fer shall be made from an office or position in one class to an office or 
 position in another class, nor shall a person be transferred to an office 
 or position for original entrance to which there is required by this act, 
 or the rules adopted pursuant thereto, an examination involving essential 
 tests or qualifications or carryiny a salary different from or higher than 
 those required for original entrance to an office or position held by such 
 person. 
 
 Any person holding an office or position under the classified service 
 who has been separated from the service without delinquency or miscon- 
 duct on his part may, with the consent of the commission, be reinstated 
 within one year from the date of such separation to a vacancy in the 
 same or similar office or position in the same department; and whenever 
 any permanent office or position in the classified service is abolished or 
 made unnecessary, the person holding such office or position shall be 
 placed by the commission at the head of an appropriate eligible list, and 
 for a period of not to exceed one year shall be certified to an appointing 
 officer as in the case of original appointments. 
 
 SECTION 486-17. Reductions, lay-offs and suspensions. No person 
 shall be reduced in pay or position, laid off, suspended, discharged or 
 otherwise discriminated against by an appointing officer for religious or 
 political reasons or affiliations. In all cases of reduction, lay-off or 
 suspension of an employe or subordinate, whether appointed for a definite 
 term or otherwise, the appointing authority shall furnish such employe 
 or subordinate with a copy of the order of lay-off, reduction or suspension 
 and his reasons for the same, and give such employe or subordinate a 
 reasonable time in which to make and file an explanation. Such order 
 together with the explanation, if any, of the subordinate shall be filed 
 with the commission. Nothing in this act contained shall limit the power 
 of an appointing officer to suspend without pay, for purposes of discipline, 
 an employe or subordinate for a reasonable period, not exceeding thirty 
 days; provided, however, that successive suspensions shall not be allowed, 
 and provided further that the provisions of this section shall not apply 
 to temporary appointments made under the authority of section 486-14 
 of the General Code. 
 
 SECTION 486-17a. Tenure of office. Removals. The tenure of every 
 officer, employe or subordinate in the classified service of the state, the 
 counties, cities and city school districts thereof, holding a position under 
 the provisions of this act, shall be during good behavior and efficient 
 service; but any such officer, employe or subordinate may be removed for 
 incompetency, inefficiency, dishonesty, drunkenness, immoral conduct, 
 insubordination, discourteous treatment of the public, neglect of duty, 
 violation of the provisions of this act or the rules of the commission, or 
 
74 DEPARTMENT OF PUBLIC WELFARE 
 
 any other failure of good behavior, or any other acts of misfeasance, 
 malfeasance or nonfeasance in office. 
 
 In all cases of removal the appointing authority shall furnish such 
 employe or subordinate with a copy of the order of removal and his 
 reasons for the same, and give such officer, employe or subordinate a 
 reasonable time in which to make and file an explanation. Such order 
 with the explanation, if any, of the employe, or subordinate shall be filed 
 with the commission. Any such employe or subordinate so removed may 
 appeal from the decision or order of such appointing authority to the 
 state or municipal commission, as the case may be, within ten days from 
 and after the date of such removal, in which event the commission shall 
 forthwith notify the appointing authority and shall hear, or appoint a 
 trial board to hear, such appeal within thirty days from and after its 
 filing with the commission, and it may affirm, disaffirm or modify the 
 judgment of the appointing authority, and the commission’s decision 
 shall be final; provided, however, that in the case of the removal of a 
 chief of police or chief of the fire department of a municipality an appeal 
 may be had from the decision of the municipal commission to the court 
 of common pleas of the county in which such muncipality is situated to 
 determine the sufficiency of the cause of removal. Such appeal shall be 
 taken within ten days from the finding of the commission. 
 
 SECTION 779. Binding. The commissioners of public printing shall 
 provide for the necessary binding of the state in such manner, upon such 
 terms and for such periods as they may deem most advantageous to the 
 state. Before a contract for binding is awarded, the contractor shall 
 execute a bond to the state in the sum of five thousand dollars with two 
 or more sufficient sureties, conditioned for the faithful performance of 
 the work specified in the contract. In the execution of the work of bind- 
 ing and the transportation of sheets, bound copies and documents, the 
 commissioners and the contractors shall be governed so far as practicable 
 by the rules relative to contracts for public printing. (63 v. 190.) 
 
 SECTION 780. Binding shall include collating, etc. All printed mat- 
 ter required to be bound in book form shall be bound as required by the 
 commissioners of public printing. Counting, folding, stitching and bind- 
 ing shall include collating, drying and pressing, and no charge shall be 
 made for collating, drying and pressing. (106 v. 508.) 
 
 INSPECTION OF PUBLIC BUILDINGS 
 
 SECTION 1031. Inspection of all public buildings. The department 
 of industrial relations shall cause to be inspected all school-houses, col- 
 leges, opera houses, halls, theaters, churches, infirmaries, children’s 
 homes, hospitals, medical institutes, asylums, and other buildings used 
 for the assemblage or betterment of people in the state. Such inspection 
 shall be made with special reference to precautions for the prevention of 
 fires, the provision of fire escapes, exits, emergency exits, hallways, air 
 space, and such other matters which relate to the health and safety of 
 those occupying, or assembled in such structures. (110 v. 280.) 
 
LAW BULLETIN 75 
 
 SECTION 1032. Alterations necessary for public safety. Upon 
 inspection of such structure, the inspector shall file with the department 
 of industrial relations a written report of the condition thereof. If it is 
 found that necessary precautions for the prevention of fire or other dis- 
 aster have not been taken or that means for the safe and speedy egress 
 of persons assembled therein have not been provided, such report shall 
 specify what appliances, additions or alterations are necessary therefor. 
 Thereupon the department of industrial relations shall issue an order in 
 writing stating what necessary appliances, additions or alterations shall 
 be added to or made in such structure and shall send a copy of such order 
 to the owner or persons having control of such structure and thereafter 
 shall publish in some newspaper of general circulation in the neighbor- 
 hood of such structure, a copy of such order or a brief statement of the 
 contents of such order. If such structure is located in a municipality 
 a copy of such order shall be mailed to the mayor or chief executive 
 thereof, otherwise a copy of such order shall be mailed to the prosecuting 
 attorney of such county. (110 v. 281.) 
 
 SECTION 1032-1. Appeal from order of Department of Industrial 
 Relations. Any board of education, board of trustees, board of county 
 commissioners, council of a city or village, city commission, or owner or 
 person having control of such structure, may appeal from such order to 
 the court of common pleas of the county in which such structure is sit- 
 uated, by filing an appeal with the clerk of such court within twenty (20) 
 days after such publication of a copy of such order or such brief state- 
 ment. The clerk of said court shall forthwith notify the department of 
 the filing of such appeal. The department of industrial relations shall 
 be plaintiff and the appellant shall be defendant. Within twenty (20) 
 ‘days after the filing of such appeal the department of industrial relations 
 shall make a complete transcript of the proceedings had before it and 
 certify the same together with all the original papers filed in its office 
 and transmit them to the clerk of said court. Within ten days after fil- 
 ing such transcript the department of industrial relations shall file a 
 petition in the ordinary form against such appellant as defendant and 
 further pleading shall be had in such case according to the rules of civil 
 procedure. The court shall hear the matter upon such evidence as may 
 be introduced by either party, and determine the right of the appellant. 
 If the court find from the evidence that such order should be set aside, 
 such order shall thereafter be null and void and of no effect. If the court 
 find in favor of such department of industrial relations and that such 
 order should not be set aside, such order shall be continued in full force 
 and effect. So far as consistent with the rights of others such appeal 
 shall by the trial court be given precedence over other matters and the 
 decision of such common pleas court shall be final. 110 v. 281.) 
 
 SECTION 1033. Enforcement of order. If no appeal is taken or if 
 the court sustains the order, the mayor or chief executive with the aid of 
 the police or the prosecuting attorney with the aid of the sheriff, as the 
 case may be, shall prevent the use of such structure for public assem- 
 blage until the appliances, additions or alterations required by such 
 notice have been added to or made in such structure. (110 v. 282.) 
 
76 DEPARTMENT OF PUBLIC WELFARE 
 
 SECTION 1034. Report of compliance with order. Upon receipt of 
 such notice, if no appeal be taken or if the courts shall find in favor of 
 the department of industrial relations the owner or person in control of 
 such structure shall comply with every detail embodied therein, and upon 
 completion thereof report such fact in writing to the department of 
 industrial relations and to such mayor or prosecuting attorney. (110 
 V. 282.) 
 
 SECTION 1035. Plans: to be approved by Department of Industrial 
 Relations. The plans for the erection of such structure, and for any 
 alterations in or additions to any such structure, shall be approved by 
 the department of industrial relations, except in municipalities having 
 regularly organized building inspection departments, in which case the 
 plans shall be approved by such department. (110 v. 282.) 
 
 SECTION 1036. Penalty for alteration of plans. Whoever, being an 
 architect, builder or other person, alters the plans so approved or fails to 
 construct or alter a building in accordance with such plans without the 
 consent of the department that approved them, or without the court of 
 common pleas finding that such order should be set aside, shall be fined 
 not less than five hundred dollars nor more than one thousand dollars or 
 imprisoned in the county jail not less than thirty days nor more than 
 one year, or both. (110 v. 282.) 
 
 SECTION 1037. Penalty for violation by owner. Whoever, being a 
 person, firm or corporation or member of a board, and being the owner 
 or in control of any building mentioned in section ten hundred and 
 thirty-one of this chapter, uses or permits the use of such building in 
 violation of any order prohibiting its use issued as provided by law, 
 unless the common pleas court has made a finding setting aside such 
 order, or fails to comply with an order so issued relating to the change, - 
 improvement or repair of such building, unless the common pleas court 
 shall make a finding setting aside such order, shall be fined not less than 
 ten dollars nor more than one hundred dollars, and each day that such 
 use of failure continues shall constitute a separate offense. (110 v. 282.) 
 
 STATE DEPARTMENT OF HEALTH 
 
 The State Department of Health issues bulletins relative to public 
 health matters such as Hughes and Griswold health laws, plumbing in- 
 spection, maternity hospitals, water supply and sewage disposal. Make 
 direct application to the State Department of Health, Columbus, Ohio. 
 
 SECTION 1236-6. Hospitals and dispensaries shall register with and 
 report to state department of health. The commissioner of health shall 
 have power to define and classify hospitals and dispensaries. Within 
 thirty days after the taking effect of this act, and annually thereafter, 
 every hospital and dispensary, public or private, shall register with, and 
 report to, the state department of health, on forms furnished by the com- 
 missioner of health, such information as he may prescribe. (108 Pt. I. 
 v. 46.) 
 
 SECTION 1237. General powers and duties. The state board of 
 health shall have supervision of all matters relating to the preservation 
 of life and health of the people and have supreme authority in matters 
 
LAW BULLETIN 77 
 
 of quarantine, which it may declare and enforce, when none exists, and 
 modify, relax or abolish, when it has been established. It may make 
 special or standing orders or regulations for preventing the spread of 
 contagious or infectious diseases, for governing the receipt and convey- 
 ance of remains of diseased persons, and for such other sanitary matters 
 as it deems best to control by a general rule. It may make and enforce 
 orders in local matters when emergency exists, or when the local board 
 of health has neglected or refused to act with sufficient promptness or 
 efficiency, or when such board has not been established as provided by 
 law. In such cases the necessary expense incurred shall be paid by the 
 city, village or township for which the services are rendered. (99 v. 493.) 
 
 Under this section the state board of health may provide for quar- 
 antining persons who have venereal diseases: In re Mason, 22 O. N. P. 
 oN. 5S.) 21,380 0, D. (N, P.) 189, 64 Bull, 308. 
 
 SECTION 1237-1. State acceptance of provisions of Federal Ma- 
 ternity Act. The state of Ohio through the legislative authority thereof, 
 does hereby accept the provisions of an act of congress entitled ‘“‘An act 
 for the promotion of the welfare and hygiene of maternity and infancy 
 and for other purposes,” approved November twenty-third, one thousand 
 nine hundred and twenty-one, and does hereby designate the state depart- 
 ment of health, through its division of child hygiene, as the state agency 
 to co-operate with the children’s bureau referred to in said act, and said 
 department of health and the division of child hygiene thereof, shall be 
 vested with all powers necessary for the accomplishment of such pur- 
 poses. (110 v. 331.) 
 
 SECTION 1237-2. Department of Health designated as state agency. 
 The department of health is hereby directed to submit through its 
 division of child hygiene to the federal children’s bureau, detailed plans 
 for carrying out the provisions of this act of congress aforesaid, within 
 this state, which plans shall be subject to the approval of the federal 
 board of maternity and child hygiene, provided that the plans submitted 
 shall provide that no official, or agent, or representative, in carrying out 
 the provisions of this act shall enter any home or take charge of any 
 child over the objection of the parents, or either of them, or the person 
 standing in loco parentis or having custody of such child. (110 v. 332.) 
 
 SECTION 1237-3. Treasurer of state to receive funds. The treasurer 
 of the state of Ohio is hereby authorized to receive all funds from the treas- 
 ury of: the United States, granted to the state of Ohio and apportioned 
 for the purposes of said act, and said treasurer of the state of Ohio is 
 hereby authorized and directed to pay over such funds to the state de- 
 partment of health to be expended in accordance with the terms of the 
 aforesaid act of congress. (110 v. 332.) 
 
 SECTION 1237-4. Expenditure of fund. Nothing in this act shall be 
 construed as authorizing, or permitting, the expenditure of any public 
 moneys to provide medical or nursing attendance or service. (110 v. 
 332.) 
 
 SECTION 1239. Special duties of the board. The state board of 
 health shall make careful inquiry as to the cause of disease, especially 
 when contagious, infectious, epidemic or endemic, and take prompt action 
 
78 DEPARTMENT OF PUBLIC WELFARE 
 
 to control and suppress it. The reports of births and deaths, the sanitary 
 conditions and effects of localities and employments, the personal and 
 business habits of the people and the relation of the diseases of man and 
 beast, shall be subjects of careful study by the board. It may make and 
 execute orders necessary to protect the people against diseases of lower 
 animals, and shall collect and preserve information in respect to such 
 matters and kindred subjects as may be useful in the discharge of its 
 duties, and for dissemination among the people. When called upon by 
 the state or local governments, or municipal or township boards of health 
 it shall promptly investigate and report upon the water supply, sewerage, 
 disposal of excreta of any locality and the heating, plumbing and ventila- 
 tion of a public building. (99 v. 494.) 
 
 SECTION 1239-1. Distribution of antitoxin for cure and prevention 
 of diphtheria. 'The state board of health shall make necessary arrange- 
 ments for the production and distribution of diphtheria antitoxin, pro- 
 vided that such antitoxin shall in all respects be equal in purity and 
 potency to the standard of requirements of the United States public 
 health service for antitoxin for interstate commerce. Diphtheria anti- 
 toxin shall be distributed in accordance with such rules and regulations 
 as may be adopted by the state board of health. (106 v. 23.) 
 
 SECTION 1239-2. Who may receive antitoxin free for treatment. 
 Any licensed physician practicing in the state of Ohio, or the superin- 
 tendent of any state or county institution, shall be entitled to receive 
 without charge such quantities of antitoxin as he may require for the 
 treatment or prevention of diphtheria in poor or indigent persons, pro- 
 vided that such antitoxin shall be used only for persons residing in the 
 state of Ohio, and that a sufficient supply is available for distribution. 
 (106 v. 23.) 
 
 SECTION 1240. Approval of the board required in certain cases. 
 No city, village, public institution, corporation or person shall provide or 
 install for public use a water supply or sewerage system, or purification 
 works for a water supply or sewage, of a municipal corporation or public 
 institution, or make a change in the water supply, water works intake, 
 water purification works of a municipal corporation or public institution, 
 until the plans therefor have been submitted to and approved by the state 
 board of health. No city, village, corporation or person shall establish a 
 garbage disposal or manufacuring plant having a liquid waste which may 
 enter any stream within twenty miles above the intake of a public water 
 supply until the location of such garbage or manufacturing plant, includ- 
 ing plans for disposing of such liquid waste, is approved by the state 
 board of health. Whoever violates any provisions of this section shall be 
 fined not less than one hundred nor more than five hundred dollars. (99 
 v. 494.) 
 
 PREVENTION OF INFANTILE BLINDNESS 
 
 See Sections 12787; 12789. 
 
 SECTION 1248-1. “Inflammation of the eyes of the new born” de- 
 fined. Any inflammation, swelling or redness in either one or both eyes 
 
LAW BULLETIN 79 
 
 of any infant, either apart from or together with any unnatural discharge 
 from the eye or eyes of such infant, independent of the nature of the 
 infection, if any, occurring any time within two weeks after the birth of 
 such infant, shall be known as “inflammation of the eyes of the new 
 born.” (106 v. 321.) 
 
 SECTION 1248-2. Report to state board of health by physician or at- 
 tendant; fee. It shall be the duty of any physician, surgeon, obstetrician, 
 midwife, nurse, maternity home or hospital of any nature; parent, rela- 
 tive and any persons attendant on or assisting in any way whatsoever, 
 any infant or the mother of any infant at childbirth or any time, within 
 two weeks after childbirth, knowing the condition, hereinabove defined 
 to exist, within six hours thereafter, to report such fact, as the state 
 board of health shall direct, to the local health officer of the city, town, 
 village or whatever other political division there may be, within which 
 the infant or the mother of any such infant may reside. For such services 
 the attending physician, surgeon, obstetrician, midwife, nurse, maternity 
 home or hospital shall receive from the state treasurer a fee of fifty cents. 
 (106 v. 321.) 
 
 SECTION 1248-3. Duties of local health officer. It shall be the duty 
 of the local health officer 
 
 1. To investigate or to have investigated, each case as filed with him 
 in pursuance with the law, and any other such case as may come to his 
 attention. 
 
 2. To report all cases of inflammation of the eyes of the new born 
 and the result of all such investigation as the state board of health shall 
 direct. 
 
 8. To conform to such other rules and regulations as the state board 
 of health shall promulgate for his further guidance. (106 v. 321.) 
 
 SECTION 1248-4. Duties of state board of health. It shall be the 
 duty of the state board of health: 
 
 1. To enforce the provisions of this act. 
 
 2. To promulgate such rules and regulations as shall, under this act, 
 be necessary for the purpose of this act, and such as the state board of 
 health may deem necessary for the further and proper guidance of local 
 health officers. 
 
 3. To provide for the gratuitous distribution of a scientific prophy- 
 lactic for inflammation of the eyes of the new born, together with proper 
 directions for the use and administration thereof, to all physicians and 
 midwives as may be engaged in the practice of obstetrics or assisting at 
 childbirth. 
 
 4. To provide, if necessary, daily inspection and prompt and 
 gratuitous treatment to any infant whose eyes are infected with inflam- 
 mation of the eyes, provided further that the state board of health, if 
 necessary, shall defray the expense of such treatment from such sum as 
 may be appropriated for its use. 
 
 5. To publish and promulgate such further advice and information 
 concerning the dangers of inflammation of the eyes of the new born, and 
 the necessity for prompt and effective treatment. 
 
 LB Sig 6 
 
80 DEPARTMENT OF PUBLIC WELFARE 
 
 6. To furnish copies of this law to all physicians and midwives as 
 may be engaged in the practice of obstetrics or assisting at childbirth. 
 
 7. To keep a proper record of any and all cases of inflammation of 
 the eves of the new born, as shail be filed in the office of the state board 
 of health, in pursuance with this law and as may come to their attention 
 in any way, and to constitute such records a part of the annual report to 
 the governor and the legislature. 
 
 8. To report any and all violations of this act as may come to its 
 attention, to the state board of medical registration and examination and 
 also to the local police or county prosecutor in the county wherein said 
 misdemeanor may have been committed, and to assist said official in every 
 way possible, such as by securing necessary evidence. (106 v. 321.) 
 
 SECTION 1248-5. Duty of physician or attendant upon case of child- 
 birth. It shall be the duty of the physician, midwives, or other persons 
 in attendance upon a case of childbirth in a maternity home, hospital, 
 public or charitable institution, in every infant immediately after birth, 
 to use some prophylactic against inflammation of the eyes of the new born 
 and to make record of the prophylactic used. It shall also be the duty of 
 such institution to maintain such records of cases of inflammation of the 
 eyes of the new born as the state board of health shall direct. (106 v. 
 322.) 
 
 SECTION 1248-6. Penalty for violation of provisions of this act. 
 It shall be the duty of a midwife in every case of childbirth under her 
 care, immediately after birth, to use such prophylactic against inflamma- 
 tion of the eyes of the new born as the state board of health requires. 
 Whoever being a physician, surgeon, midwife, obstetrician, nurse, man- 
 ager or person in charge of maternity home or hospital, parent, relative 
 or person attendant upon or assisting at the birth of any infant violates 
 any of the provisions of this act, shall be deemed guilty of a misde- 
 meanor and upon conviction thereof be fined in a sum not less than fifty 
 dollars nor more than one hundred dollars and for each second or subse- 
 quent offense shall be fined not less than one hundred dollars nor more 
 than three hundred dollars. It shall be the duty of the prosecuting at- 
 torney to prosecute all violations of this act. (106 v. 322.) 
 
 SECTION 1261-26. Duties of district board of health relative to 
 public institutions. In addition to the duties now required of boards of 
 health, it shall be the duty of each district board of health to study and 
 record the prevalence of disease within its district and provide for the 
 prompt diagnosis and control of communicable diseases. The district 
 board of health may also provide for the medical and dental supervision 
 of school children, for the free treatment of cases of venereal diseases, 
 for the inspection of schools, public institutions, jails, workhouses, chil- 
 dren’s homes, infirmaries, and other charitable, benevolent, correctional 
 institutions. The district board of health may also provide for the in- 
 spection of dairies, stores, restaurants, hotels and other places where food 
 1s manufactured, handled, stored, sold or offered for sale, and for the 
 medical inspection of persons employed therein. The district board of 
 health may also provide for the inspection and abatement of nuisances 
 
LAW BULLETIN 81 
 
 dangerous to public health or comfort, and may take such steps as are 
 necessary to protect the public health and to prevent disease. 
 
 Provided that in the medical supervision of school children as herein 
 provided, no medical or surgical treatment shall be administered to any 
 minor school child except upon the written request of a parent or guard- 
 ian of such child; and provided further, that any information regarding 
 any diseased condition or defect found as a result of any medical school 
 examination shall be communicated only to the parent or guardian of 
 such child and if in writing shall be in a sealed envelope addressed to 
 such parent or guardian. (108 yv. Pt. I. 240.) (108 v. Pt. II. 1088.) 
 
 DIVISION CHARITIES OF 
 STATE DEPARTMENT OF PUBLIC WELFARE 
 
 (Section 154-47 provides that the Department of Public 
 Welfare, through the Division of Charities, shall have all pow- 
 ers and duties vested in or imposed upon the former Board of 
 State Charities.) 
 
 SECTION 1352. Duties of the board. Employment of visitors. The 
 board of state charities shall investigate by correspondence and inspec- 
 tion the system, condition and management of the public and private 
 benevolent and correctional institutions of the state and cdunty, and 
 municipal jails, workhouses, infirmaries and children’s homes, as well as 
 all institutions whether incorporated, private or otherwise which receive 
 and care for children. Officers in charge of such institutions or responsi- 
 ble for the administration of public funds used for the relief and main- 
 tenance of the poor shall furnish the board or its secretary such informa- 
 tion as it requires. The board may prescribe such forms of report and 
 registration as it deems necessary. For the purpose of such investiga- 
 tion and to carry out the provisions of this chapter it shall employ such 
 visitors as may be necessary, who shall, in addition to other duties, in- 
 vestigate the care and disposition of children made by institutions for 
 receiving children, and by all institutions including within their objects 
 the placing of children in private homes and, when they deem it desirable 
 they shall visit such children in such homes, and report the result of such 
 inspection to the board. The members of the board and such of its 
 executive force as it shall designate may attend state and national con- 
 ferences for the discussion of questions, pertinent to their duties. The 
 actual ‘traveling expenses so incurred by the members and such of its 
 executive force as it shall designate shall be paid as provided by section 
 1351. of the General Code. (108 v. Pt. I, 46.) 
 
 SECTION 1352-1. Annual examination of institutions; certificate. 
 List of certified institutions furnished juvenile courts. Such board shall 
 annually pass upon the fitness of every benevolent or correctional institu- 
 tion, corporation and association, public, semi-public or private as re- 
 ceives, or desires to receive, and care for children, or places children in 
 private homes. Annually at such times as the board shall direct, each 
 such institution, corporation or association, shall make a report, showing 
 its condition, management and competency, adequately to care for such 
 children as are, or may be committed to it or admitted therein, the sys- 
 
82 DEPARTMENT OF PUBLIC WELFARE 
 
 tem of visitation employed for children placed in private homes, and such 
 other facts as the board requires. When the board is satisfied as to the 
 care given such children, and that the requirements of the statutes cov- 
 ering the management of such institutions are being complied with, it 
 shall issue to the association a certificate to that effect, which shall con- 
 tinue in force for one year, unless sooner revoked by the board. No child 
 shall be committed by the juvenile court to an association or institution 
 which has not such certificate unrevoked and received within fifteen 
 months next preceding the commitment. A list of such certified institu- 
 tions shall be sent by the board of state charities, at least annually, to all 
 courts acting as juvenile courts and to all associations and institutions so 
 approved. Any person who receives children or receives or solicits money 
 on behalf of such an institution, ccrporation or association, not so certi- 
 fied, or whose certificate has been revoked, shall be guilty of a misde- 
 meanor, and fined not less than $5.00 nor more than $500.00. (108 v. 
 Piel 246,) 
 
 SECTION 1352-2. Certificate required before filing articles of in- 
 corporation. No association whose object may embrace the care of 
 dependent, neglected or delinquent children or the placing of such chil- 
 dren in private homes shall hereafter be incorporated unless the proposed 
 articles of incorporation shall have been submitted first to the board of 
 state charities. The secretary of state shall not issue a certificate of 
 incorporation unless there shall first be filed in his office a certificate 
 of the board of state charities that it has examined the articles of in- 
 corporation, and that in its judgment the incorporators are reputable 
 and respectable persons, and that, the proposed work is needed, and the 
 incorporation of such association is desirable and for the public good. 
 Amendments proposed to the articles of incorporation of any such associa- 
 tion shall be submitted in like manner to the board of state charities, and 
 the secretary of state shall not record such amendment or issue his cer- 
 tificate therefor unless there shall first be filed in his office the cer- 
 tificate of the board of state charities that it has examined such amend- 
 ment, that the association in question is, in its judgment, performing in 
 good faith, the work underaken by it, and that such amendment is, in its 
 judgment, a proper one, and for the public good. (103 v. 866.) 
 
 SECTION 1352-3. Who may be received; transferred. Placing wards 
 in suitable homes. Guardianship retained. The board of state charities 
 shall, when able to do so, receive as its wards such dependent or neglected 
 minors as may be committed to it by the juvenile court. County, district, 
 or semi-public children’s homes or any institution entitled to receive chil- 
 dren from the juvenile court or the board of administration may, with 
 the consent of the board, transfer to it the guardianship of minor wards 
 of such institutions or board. If such children have been committed to 
 such institutions or to the board of administration by the juvenile court 
 that court must first consent to such transfer. The board shall thereupon 
 ipso facto become vested with the sole and exclusive guardainship of such 
 child or children, The board shall, by its visitors, seek out suitable, 
 permanent homes in private families for such wards; in each case making 
 in advance careful investigation of the character and fitness of such 
 home for the purpose. Such children may then be placed in such investi- 
 
LAW BULLETIN 83 
 
 gated homes upon trial, or upon such contract as the board may deem to 
 be for the best interests of the child, or proceedings may be had, as pro- 
 vided by law, for the adoption of the child by suitable persons. The board 
 shall retain the guardianship of a child so placed upon trial or contract 
 during its minority, and may at any time, if it deem it for the best inter- 
 est of the child, cancel such contract and remove the child from such 
 home. The board, by its visitors, shall visit at least twice a year all the 
 homes in which children have been placed by it. Children for whom on 
 account of some physical or mental defect it is impracticable to find good, 
 free homes may be so placed by the board upon agreement to pay reas- 
 onable board therefor. The board shall provide needed clothing and 
 personal necessities for such children. When necessary any children so 
 committed or transferred to the board may be maintained by it in a suit- 
 able place until a proper home is found. So far as practicable children 
 shall be placed in homes of the same religious belief as that held by their 
 parents. The traveling expenses in connection with the placing of such 
 children in homes, the amount of board, if any, and expenses for clothing 
 and personal necessities and for mental, dental and optical examination 
 and treatment shall be paid out of funds appropriated to the use of the 
 board by the general assembly. (108 Pt. I. v. 1158.) 
 
 SECTION 1352-4. Expenses paid to the board; by the county. The 
 actual traveling expenses of any dependent, neglected, crippled or de- 
 linquent child and of the agents and visitors of said board shall be paid 
 from funds appropriated to said board, but the amount of board, if any, 
 paid for the care of such child and the expense for providing suitable 
 clothing and personal nesessities, mental, medical, surgical, dental and 
 optical examination and treatment, including massaging and other bene- 
 ficial treatment and braces, artificial limbs and accessories and their 
 upkeep and for the education when necessary of a crippled child, shall 
 be charged by the board of state charities to the county from which such 
 child was committed or transferred as provided in sections 1352-3, 1352-5 
 and 1352-8. The treasurer of each county, upon the warrant of the 
 county auditor, shall pay to the treasurer of state the amount so charged 
 upon the presentation of a statement thereof. The sum so received by 
 the treasurer of state shall be credited to the fund appropriated for the 
 purpose of maintaining the child placing work of the board. (109 v. 
 362.) 
 
 SECTION 1352-5. Delinquent chidlren may be received. Board and 
 maintenance. The board of state charities may, when willing to do so, 
 receive as its wards with all the powers given it by section 1352-3 of the 
 General Code delinquent children committed to it by a juvenile court or 
 from any institution to which such children may be committed by the 
 juvenile court or assigned by the board of administration. Such children 
 shall be placed by it in homes in accordance with the provisions of sec- 
 tion 1352-3 of the General Code. Before making such commitment the 
 court may make an order that the parent or parents of such child shall 
 pay the board of state charities, periodically, reasonable sums for the 
 maintenance of such child, which orders, upon the disobedience thereof, 
 may be enforced by attachment as for contempt. If originally committed 
 to such institution by the juvenile court, the court must first consent to 
 
84 DEPARTMENT OF PUBLIC WELFARE 
 
 the transfer of such child to the board of state charities. Said court may 
 in such cases make an order that the parents or guardians pay for its 
 maintenance in the same manner as if such child had been originally com- 
 mitted to said board. 
 
 Provided that if the board of state charities find it impracticable to 
 so place such child, it shall at its discretion have the right to surrender 
 such child to the court, institution or board of administration from which 
 it was received. (108 v. Pt. II, 1159.) 
 
 SECTION 1352-6. Definition of “institution.”’ For the purpose of 
 this chapter the words “institution” and “association” shall include any 
 incorporated or unincorporated organization, society, association or 
 agency, public or private, which may receive or care for children; any 
 individual who, for hire, gain, or reward, receives or cares for children, 
 unless he is related to them by blood or marriage; and also any individual 
 not in the regular employ of a court, or of an institution or association 
 certified in accordance with section 1852-1, who in any manner becomes a 
 party to the placing of children in foster homes, unless he is related to 
 such children by blood or marriage, or is the duly appointed guardian 
 thereof. (108 v. Pt. II, 1167.) 
 
 SECTION 1352-7. Use of money received for board. Whenever the 
 board of state charities receives moneys for board from an individual 
 liable therefor under sections 1352-5 and 1653 of the General Code the 
 same shall be paid to the treasurer of state and credited to the fund ap- 
 propriated for the purpose of maintaining the child placing work of the 
 board. (108 v. Pt. Il, 1159.) 
 
 SECTION 1352-8. Treatment for crippled children; application to 
 juvenile court. In order to provide suitable medical and surgical treat- 
 ment, and education when necessary, of crippled children whose parents 
 or guardians fail or are financially unable to provide such treatment, the 
 board of state charities is authorized and empowered to receive into its 
 custody such children. Application for such care, treatment, and educa- 
 toin, shall first be made to the juvenile court by a parent, guardian or 
 some interested person. If such court is of the opinion that such child 
 is in need of treatment and education, and finds that the parent or 
 guardian fails to provide it, he may make an order to that end; or if the 
 parent or guardian is financially unable to pay all or a part of the ex- 
 pense of such treatment, the court shall make a proper finding and 
 decree. In either case the court shall at once forward a copy of the de- 
 cree and a statement of facts to the board of state charities, and such 
 beard shall, when able to do so under this act, accept such child for care 
 as hereinbefore provided. Upon receipt of notice from such board that 
 such child can be given suitable treatment the court shall then commit 
 such child to such board and provide for its conveyance in charge of a 
 Suitable person to the place designated by such board for treatment. The 
 expenses for conveyance shall be paid by the county or by the parent or 
 guardian as the court may direct. Such commitment shall be temporary 
 and shall be only for the period necessary for the treatment of such child. 
 (109 v. 362.) 
 
 SECTION 1352-9. Expenses of keep and treatment, how paid. The 
 board of state charities shall arrange for the treatment and education of 
 
LAW BULLETIN 85 
 
 crippled children committed to it by the juvenile court. The expenses for 
 board, clothing and personal necessities and for mental, medical, surgical, 
 dental, and optical examination and treatment, including massaging and 
 other beneficial treatment and braces, artificial limbs and accessories 
 and their upkeep, and for education when necessary shall be paid out of 
 funds appropriated to the use of the board of state charities by the gen- 
 eral assembly; but the board of state charities may require parents or 
 guardians to pay the state for such expenses when in its judgment such 
 action is just. Such board shall exercise close supervisoin over such crip- 
 pled children while patients in such hospitals and may at any time 
 terminate any contract so made when in its judgment such action should 
 be taken. 
 
 Supervision of children by board; visits; reports. Each child shall 
 be visited as frequently as necessary and proper by a representative of 
 such board who shall prepare and present to the board a written report 
 concerning the progress of such patient. (109 v. 362.) 
 
 SECTION 1352-10. When child may be discharged or released. 
 Whenever it appears that a crippled child has been successfully treated, 
 or that it cannot be further benefited by such treatment, the board shall 
 order its discharge and thereupon its guardianship and responsibility 
 shall cease. After such a child has been in the care of the board of state 
 charities in accordance with this act for more than one year the parent 
 or guardian, with the approval of the juvenile court, may cause its re- 
 lease from the supervision of the board of state charities. (109 v. 363.) 
 
 SECTION 1352-11. Termination of contracts. After the Ohio insti- 
 tution for the treatment and education of deformed and crippled children 
 is established and ready for the treatment of such children the board of 
 state charities may terminate all contracts made under this act and trans- 
 - fer such children under its care to such institution, unless such institu- 
 tion cannot care for all such children who are eligible for admission. (108 
 alte ta tG:) 
 
 SECTION 1352-12. Placing of child in institution or family home. 
 The parents, parent, guardian or other person or persons having the 
 custody of a child, may enter into an agreement with any public, semi- 
 public or private association or institution of this state established for the 
 purposes of aiding, caring for or placing children in homes, and which 
 has been approved and certified by the division of charities, department 
 of public welfare, placing such child in the temporary custody of such 
 institution or association; or such parent, guardian or other person may 
 make an agreement surrendering such child into the permanent custody 
 of such association or institution, to be taken and cared for by such as- 
 sociation or institution, or placed in a family home. Such agreements 
 provided for herein shall be in writing, on forms prescribed and furnished 
 by the division of charities, department of public welfare and man con- 
 tain any and all proper and legal stipulations for proper care of the 
 child, and may authorize the association or institution when such agree- 
 ments are for permanent care and custody to appear in any proceeding, 
 for the legal adoption of such child, and consent to its adoption, as pro- 
 vided in section 8025 of the General Code. The adoption order of the 
 judge made upon such consent shall be binding upon the child and its 
 
86 DEPARTMENT OF PUBLIC WELFARE 
 
 parents, guardian, or other person, as if such persons were personally in 
 court and consented thereto, whether made party to the proceeding or 
 not. (110 v. 265.) 
 
 SECTION 1352-13. Child placing institutions to be approved by 
 Division of Charities. No child under two years of age shall be given 
 into the temporary or permanent custody of any person, association or 
 institution which is not certified by the division of charities, department 
 of public welfare, as provided in sections 1352-1 and 1352-6 of the Gen- 
 eral Code, without the written consent of the division of charities or by 
 a commitment of a juvenile court. Provided such child may be placed 
 temporarily without such written consent or court commitment with 
 persons related by blood or marriage, or in a legally licensed boarding 
 home which is not established for the purpose of placing children in free 
 foster homes or for legal adoption. Persons, associations and institu- 
 tions duly certified and licensed under sections 1352-1 and 1352-6 for the 
 purpose of placing children in free foster homes or for legal adoption, 
 shall keep a record of such temporary and permanent surrenders of chil- 
 dren under two years of age. This record shall be available for separate 
 statistics, which shall include a copy of an official birth certificate and 
 all information concerning the social, mental and medical history of such 
 children which will aid in an intelligent disposition of them in case that 
 becomes necessary because the parents or guardians fail or are unable 
 to reassume custody. No child placed on a temporary surrender with an 
 association or institution shall be placed in a free foster home or for 
 legal adoption, and all such surrendered children who are placed in foster 
 homes or for adoption must have been permanently surrendered and a 
 copy of such permanent surrender must be a part of the separate record 
 kept by the association or institution. (110 v. 266.) 
 
 SECTION 1352-14. Advertise for adoption of children. It shall be 
 unlawful for any persons, organizations, hospitals or associations which 
 have not been approved and certified by the division of charities, depart- 
 ment of public welfare, to advertise that they will adopt children or place 
 them in foster homes, or hold out inducements to parents to part with 
 their offspring, or in any manner knowingly become a party to the sep- 
 aration of a child from its parent, parents or guardians, except through 
 a juvenile court commitment. (110 v. 266.) 
 
 SECTION 1353. Plans for public buildings must be submitted to the 
 board. Before their adoption by the proper officials, plans for new jails, 
 workhouses, children’s homes, infirmaries, state institutions and municipal 
 lock-ups or prisons and for important additions to or alterations in such 
 existing institutions, shall be submitted to the board of state charities for 
 its approval. (93 v. 105.) 
 
 or ; ye koe 
 SECTION 1854. Governor may order investigation. The governor, 
 
 at any time, may order the board of state charities, or a committee of two 
 members thereof to investigate the management of a benevolent or cor- 
 rectional institution of the state. In making such investigation the board 
 or its committee, shall have such authority as is conferred upon officers 
 authorized to take depositions, to send for persons and papers, to admin- 
 ister oaths, and to punish as for contempt a person, who aiog duly sum- 
 moned by it, refuses to appear or produce papers. A report of an in- 
 
LAW BULLETIN 87 
 
 vestitgtion with the testimony taken therein, shall be made to the gov- 
 ernor, and by him it may be submitted to the general assembly with such 
 suggestions as he deems proper. (103 v. 868.) 
 
 SECTION 1355. Expenses of investigation and witness fees. A 
 person summoned to appear in the investigation, provided in the preced- 
 ing section, other than officers and employes of the benevolent or correc- 
 tional institution under examination, shall receive such fees and mileage 
 as are allowed witnesses in the court of common pleas. The witness fees, 
 mileage and expenses of an investigation shall be paid from the current 
 expense fund of such institution upon an itemized account approved by 
 the president and secretary of the board of state charities. (Codifying 
 Commission, Feb. 14, 1910.) 
 
 SECTION 1356. Conferences of board with other officials. The board 
 of state charities may call an annual conference, of the officials specified 
 in section 1357 and representatives of the various social agencies in the 
 state, to be known as the Ohio welfare conference. The purpose of the 
 conference shall be to facilitate discussion of the problems and methods 
 of practical human improvement, to increase the efficiency of agencies 
 and institutions devoted to this cause; to disseminate information and to 
 consider such other subjects of general social importance as may be de- 
 termined upon by the conference itself. For this purpose the conference 
 shall organize by the election of officers, the appointment of the proper 
 committees, and the adoption of rules and regulations. The board may 
 also call other conferences at any time or place for the consideration of 
 problems relating to any particular group of institutions and agencies. 
 eLue-v. Pt, 1,°427.) 
 
 SECTION 1357. Expenses of officers and employes attending confer- 
 ences. The necessary expenses of such officers of the state, county and 
 municpial boards, benevolent and correctional institutions, and officials 
 responsible for the administration of public funds used for the relief and 
 maintenance of the poor and members of boards of county visitors as are 
 invited by the board of state charities to the conferences provided for in 
 section 1356 shall be paid from any fund available for their respective 
 boards and institutions, provided they first procure a certificate from the 
 secretary of the board of state charities as evidence that they were in- 
 vited to and were in attendance at the sessions of such conferences. 
 (109 v. 54.) 
 
 SECTION 1358. Annual report. The annual report of the board of 
 state charities shall include a lsit of the officers and agents employed, and 
 the condition of the state institutions under its control. It may include 
 in such reports statistics and information in regard to correctional and 
 benevolent institutions of this or other states as it deems useful. (106 v. 
 512.) 
 
 SECTION 1359. Appointment of special agent or investigator author- 
 ized; credentials. The board of state charities is hereby empowered to 
 appoint and commission any competent agency or person, willing to do so 
 without compensation, as a special agent, investigator or representative 
 to perform a designated duty for and in behalf of such board. Specific 
 credentials shall be given by such board to each person so designated, 
 and each credential shall state the name; agency with which connected, 
 
88 DEPARTMENT OF PUBLIC WELFARE 
 
 if any; purpose of appointment; date of expiration of appointment, and 
 such other information as such board may deem proper. (108 v. Pt. I, 
 615.) 
 
 OHIO COMMISSION FOR THE BLIND 
 (See Sec. 154-58 G. C.) 
 
 SECTION 1360. Ohio commission for the blind, appointment and 
 term of members. There shall be a state board to be known as the Ohio 
 commission for the blind, consisting of six members, one of whom shall 
 be superintendent of the state school for the blind and five shall be ap- 
 pointed by the governor. Each year the governor shall appoint a member 
 of the commission who shall hold office for a term of five years. (99 v. 
 362.) 
 
 SECTION 1361. Organization and compensation of appointees. The 
 commission for the blind shall elect one of its members as president, who 
 shall preside at its meetings and have power to call meetings when he 
 deems it is advisable. The commission may appoint necessary officers and 
 agents and fix their compensation within the limits of the annual ap- 
 propriation, but no person so appointed shall be a member of the com- 
 mission. The commission may make its own by-laws. (99 v. 362.) 
 
 SECTION 1362. Expenses of commission. The members of the com- 
 mission for the blind shall receive no compensation for their services, but 
 their traveling and other necessary expenses incurred in the performance 
 of their official duties, when approved by the president of the commission, 
 
 shall be paid by the state upon the order of the auditor of state. (99 v. 
 364.) 
 
 SECTION 1363. Object of commission. The commission for the blind 
 shall act as a bureau of information and industrial aid, the object of 
 Which shall be to assist the blind in finding employment and to teach them 
 industries which may be followed in their homes. (99 v. 363.) 
 
 SECTION 1364. Duties of commission. It shall be the duty of the 
 commission for the blind to prepare and maintain a complete register of 
 the blind in the state which shall describe the condition, cause of blind- 
 ness, capacity for educational and industrial training of each, and such 
 other facts as the commission deems of value. (99 v. 368.) 
 
 SECTION 1365. Visits to aged or helpless blind. The commission for 
 the blind may ameliorate the condition of the aged or helpless blind by 
 promoting visits to them in their homes for the purpose of instruction 
 a iin other lawful method as the commission deems expedient. 
 
 ‘ v. 363.) 
 
 SECTION 1366. Schools and workshops. The commission for the 
 blind may establish, equip and maintain schools for industrial training 
 and workshops for the employment of suitable blind persons, pay the 
 employes suitable wages and devise means for the sale and distribution 
 of the products thereof. The commission may also provide or pay for dur- 
 ing their training the temporary lodging and support of pupils or work- 
 
 a reais at any industrial schools or workshops established by it. 
 vv V. Oo 93.) 
 
LAW BULLETIN 89 
 
 SECTION 1367. Prevention of blindness. The commission for the 
 blind shall make inquiries concerning the cause of blindness to ascertain 
 what portion of such cases are preventable and co-operate with the state 
 board of health in the adoption and enforcement of proper preventive 
 measures. (99 v. 363.) 
 
 SECTION 1368. Use of receipts and earnings. In furtherance of the 
 purposes of this chapter, the commission for the blind shall have authority 
 to use any receipts or earnings that accrue from the operation of indus- 
 trial schools and workshops as provided in this chapter, but a detailed 
 statement of receipts or earnings and expenditures shall be made monthly 
 to the auditor of state. (99 v. 364.) 
 
 SECTION 1369. Annual report. The commissioners for the blind 
 shall make an annual report to the governor of its proceedings for each 
 fiscal year. It shall embody therein a properly classified and tabulated 
 statement of its estimates for the ensuing year with its own opinion 
 as to the necessity or expediency of appropriation in accordance with 
 such estimates. Such annual report shall also present a concise review 
 of the work of the commission for the preceding year with such sugges- 
 tions and recommendations for improving the condition of the blind as 
 may be expedient. (101 v. 347.) 
 
 JUVENILE COURT 
 
 SECTION 1639. What courts shall have power and _ jurisdiction. 
 “Juvenile Court’? defined. Courts of common pleas, probate courts, and 
 insolvency courts and superior courts, where established shall have and 
 exercise, concurrently, the powers and jurisdiction conferred in this 
 chapter. The judges of such courts in each county, at such times as they 
 determine, shall designate one of their number to transact the business 
 arising under such jurisdiction. When the term of the judge so desig- 
 nated expires, or his office terminates, another designation shall be made 
 in like manner. In case of the temporary absence or disability of the 
 judge so designated another designation shall be made in like manner to 
 cover the period of such absence or disability. 
 
 The words, juvenile court, when used in the statutes of Ohio shall be 
 understood as meaning the court in which the judge so designated may be 
 sitting while exercising such jurisdiction, and the words “judge of the 
 juvenile court” or “juvenile judge’ as meaning such judge while exercis- 
 ing such jurisdiction. 
 
 The foregoing provisions shall not apply to Hamilton county, in 
 which county the powers and jurisdiction conferred in this chapter shall 
 be exercised by the court of common pleas, and in 1914 and every sixth 
 year thereafter, one of the common pleas judges to be elected at said 
 times shall be elected as a judge of the court of common pleas, division 
 of domestic relations. To him shall be assigned all juvenile court work 
 arising under this chapter, and all divorce and alimony cases, and when- 
 ever said judge of the court of common pleas, division of domestic rela- 
 tions, shall. be sick, absent or unable to perform his duties, the presiding 
 
90 DEPARTMENT OF PUBLIC WELFARE 
 
 judge of the common pleas court shall assign another common pleas 
 judge to perform his duties during his illness, absence or indisposition. 
 (108 vx Pt. II, 1130.) 
 
 SECTION 1640. Seal. The seal of the court, the judge of which is 
 designated to transact such business, shall be attached to all writs and 
 processes. (99 v. 192.) 
 
 SECTION 1641. Appearance docket and journal. The clerk of the 
 court of the judge exercising the jurisdiction shall keep an appearance 
 docket and a journal, in the former of which shall be entered the style of 
 the case and a minute of each proceeding and in the latter of which shall 
 be entered all orders, judgments and findings of the court. (99 v. 192.) 
 
 SECTION 1642. Jurisdiction. Such courts of common pleas, probate 
 courts, insolvency courts and superior courts within the provisions of this 
 chapter shall have jurisdiction over and with respect to delinquent, 
 neglected and dependent minors, under the age of eighteen years, not 
 inmates of a state institution, or any institution incorporated under the 
 laws of the state for the care and correction of delinquent, neglected and 
 dependent children, and their parents, guardians, or any person, persons, 
 corporation or agent of a corporation, responsible for, or guilty of causing, 
 encouraging, aiding, abetting or contributing toward the delinquency, 
 neglect or dependency of such minor, and such courts shall have jurisdic- 
 tion to hear and determine any charge or prosecution against any person, 
 persons, corporations, or their agents, for the commission of any misde- 
 meanor involving the care, protection, education or comfort of any such 
 minor under the age of eighteen years. (103 v. 868.) 
 
 SECTION 1642-1. In any case where the custody and support of a 
 minor child or children has been determined and decreed by the common 
 pleas court, or a probate court having jurisdiction, and such case has 
 been certified to the juvenile court as provided in section 8034-1 the 
 juvenile court shall have jurisdiction to proceed therein as in original 
 cases. (110 v. 127.) 
 
 SECTION 1643. When jurisdiction terminates. When a child under 
 the age of eighteen years comes into the custody of the court under the 
 provisions of this chapter, such child shall continue for all necessary 
 purposes of discipline and protection, a ward of the court, until he or she 
 attain the age of twenty-one years. The power of the court over such 
 child shall continue until the child attains such age. Provided, in case 
 such child is committed to the permanent care and guardianship of the 
 Ohio board of administration, or the board of state charities, or of an 
 institution or association, certified by the board of state charities, with 
 permission and power to place such child in a foster home, with the 
 
 probability of adoption, such jurisdiction shall cease at the time of com- 
 mitment. 
 
 When writ of habeas corpus may issue. No court shall issue a writ 
 of habeas corpus against any parties holding a child by reason of com- 
 mitment of the juvenile court before such parties have been heard by the 
 court to which application has been made for such writ and their rights 
 
 to hold such child have been finally determined b hy 
 (108, Pt. I. v. 260.) y the proper court. 
 
LAW BULLETIN 91 
 
 SECTION 1644. Delinquent child defined. For the purpose of this 
 chapter, the words “delinquent child” includes any child under eighteen 
 years of age who violates a law of this state, or a city or village ordi- 
 nance, or who is incorrigible; or who knowingly associates with thieves, 
 vicious or immoral persons; or who is growing up in idleness or crime; 
 or who knowingly visits or enters a house of ill repute; or who knowingly 
 patronizes or visits a policy shop or place where any gambling device or 
 gambling scheme is, or shall be, operated or conducted; or who patronizes 
 or visits a saloon or dram shop where intoxicating liquors are sold; or 
 who patronizes or visits a public pool or billiard room or bucket shop; or 
 who wanders about the streets in the night time; or who wanders about 
 railroad yards or tracks, or jumps or catches on to a moving train, trac- 
 tion or street car, or enters a car or engine without lawful authority, or 
 who uses vile, obscene, vulgar, profane or indecent language; or who is 
 guilty of immoral conduct; or who uses cigarettes, cigarette wrapper or 
 substitute for either, or cigars, or tobacco; or visits or frequents any 
 theater, gallery, penny arcade or moving picture show where lewd, vulgar 
 or indecent pictures, exhibitions or performances are displayed, exhibited 
 or given, or who is an habitual truant; or who uses any injurious or nar- 
 cotic drug. A child committing any of the acts herein mentioned shall 
 be deemed a juvenile delinquent person, and be proceeded against in the 
 manner hereinafter provided. (106 v. 458.) 
 
 SECTION 1645. Dependent child defined. For the purpose of this 
 chapter, the words “dependent child” shall mean any child under eighteen 
 years of age who is dependent upon the public for support; or who is 
 destitute, homeless or abandoned; or who has not proper parental care or 
 guardianship, or who begs or receives alms; or who is given away or 
 disposed of in any employment, service, exhibition, occupation or vocation 
 contrary to any law of the state; who is found living in a house of ill 
 fame, or with any vicious or disreputable persons or whose home, by 
 reason of neglect, cruelty or depravity on the part of its parent, step- 
 parent, guardian or other person in whose care it may be, is an unfit 
 place for such child; or who is prevented from receiving proper educa- 
 tion or proper physical, mental, medical or surgical examination and 
 treatment because of the conduct, inability or neglect of its parents, step- 
 parent, guardian or other person in whose care it may be; or whose con- 
 dition or environment is such as to warrant the state, in the interest of 
 the child, in assuming its guardianship. (109 v. 361.) 
 
 ‘SecTION 1646. A child within the provisions of this chapter whose 
 parents, step-parents or guardian permits it to use or become addicted 
 to the use of tobacco, or intoxicating liquors as a beverage and not for 
 medicinal purposes, or any injurious or narcotic drug, or whose parents 
 or guardian rears, keeps or permits it in a gambling house or place 
 where gambling is practiced or carried on, or a house of ill fame, or ill 
 repute, shall be deemed to be without proper parental care or guardian- 
 ship. The word “child” or “children” may mean one or more children 
 and includes males and females, legitimates and illegitimates. The word 
 “parent” may mean one or both parents or step-parents when consistent 
 with the intent of this chapter. The word “minor” means child, as de- 
 fined in this section. (110 v. 296.) 
 
92 DEPARTMENT OF PUBLIC WELFARE 
 
 SECTION 1647. Who may file complaint. Any person having knowl- 
 edge of a minor under the age of eighteen years who appears to be either 
 a delinquent, neglected or dependent child, may file with such juvenile 
 court a complaint, sworn to, which may be upon information and belief, 
 and for that purpose such complaint shall be sufficiently definite by using 
 the word delinquent, or dependent, as the facts may be. (103 v. 870.) 
 
 SECTION 1648. Caution, warrant, contempt. Upon filing of the com- 
 plaint, a citation shall issue, requiring such minor to appear, and the 
 parents or guardian or other person, if any, having custody or control of 
 -the child, or with whom it may be, to appear with the minor at a time 
 and place to be stated in the citation; or the judge may in the first in- 
 stance, issue a warrant for the arrest of such minor or for any person 
 named in the complaint and charged therein with having abused or aban- 
 doned, or charged therein with neglect of or being responsible for or 
 having encouraged, aided or abetted the delinquency or dependency of 
 such child, or having acted in a way tending to cause delinquency in such 
 child. A parent, step parent, guardian or other person not cited may be 
 subpoenaed to appear and testify at the hearing. Any one cited or sub- 
 poenaed to appear who fails to do so, may be punished as in other cases 
 in the common pleas court for contempt of court. Whenever it shall 
 appear from affidavit that a parent or guardian or other person having 
 the custody of such child resides or has gone out of the state or that his 
 or her place of residence is unknown so that such citation cannot be 
 served on him or her, the clerk shall cause such citation to be published 
 once in a newspaper of general circulation throughout the county, and 
 published in the county, if there be one so published. The citation shall 
 state the nature of the complaint, and the time and place of the hearing, 
 which shall be held at least two weeks later than the date of the publica- 
 tion; and a copy of such citation shall be sent by mail to the last known 
 address of such parent, guardian or other person having custody of such 
 child, unless said affidavit, shows that a reasonable effort has been made 
 without success to ascertain such address. The certificate of the clerk 
 that such publication has been made or such citation mailed shall be 
 sufficient evidence thereof. Until the time for the hearing arrives, the 
 court shall make such temporary disposition of such child as it may deem 
 best. When said period of two weeks from the time of publication shall 
 have elapsed, said court shall have full jurisdiction to deal with such 
 child as provided by this chapter. When a person charged with violating 
 a provision of this chapter shall have fled from justice in this state, such 
 judge shall have all the powers of a magistrate under the laws of this 
 state relating to fugitives from justice. (103 v. 870.) 
 
 SECTION 1648-1. Provision to avoid incarceration. In any case 
 where a child under the age of eighteen years is arrested with or without 
 a warrant, in order to avoid the incarceration of such child, if prac- 
 ticable, the officer so arresting, unless otherwise ordered by the court, 
 shall accept the written promise of the parent, guardian or other person 
 with whom such child resides, or any other reputable person, to be re- 
 sponsible for the presence of said child in the proper court at the time 
 and place when such child is to appear, and at any other time to which 
 the hearing in the case may be continued or adjourned by the court. 
 
LAW BULLETIN 93 
 
 Nothing herein contained shall be construed to prevent the admitting of 
 
 such child to bail, in accordance with the general provisions of the crimes 
 ACtowe LOSevc lle) 
 
 SECTION 1649. Special room for juvenile court. The county com- 
 missioners shall provide a special room not used for the trial of criminal 
 eases, when avoidable, for the hearing of juvenile cases. (99 v. 194.) 
 
 SECTION 1650. Hearing. On the day named in the citation or upon 
 the return of the warrant of arrest, or as soon thereafter as may be, the 
 judge shall proceed, in a summary manner to hear and dispose of the 
 case, and the person arrested or cited to appear may be punished in the 
 manner hereafter provided. (99 v. 194.) 
 
 SECTION 1651. Jury trials; costs. Any person charged with violat- 
 ing any of the provisions of this chapter or being responsible for or with 
 causing, aiding or contributing to the delinquency, dependency or neglect 
 of a child, or with acting in a way tending to cause delinquency in a 
 child, arrested or cited to appear before such court, at any time before 
 hearing, may demand a trial by jury, or the judge upon his own motion 
 may call a jury. The statutes relating to the drawing and impaneling 
 of jurors in criminal cases in the court of common pleas, other than in 
 capital cases, shall apply to such jury trial. The compensation of jurors 
 and costs of the clerk and sheriff shall be taxed and paid as in criminal 
 cases in the court of common pleas. (99 v. 194.) 
 
 A jury may be waived by a defendant in the juvenile court, and 
 where he elects so to do it is not necessary that the waiver be in writing: 
 Walton vs. State, 3 Ohio App. 97,19 O. C. C. (N. S.) 452. 
 
 SECTION 1652. Commitment. In case of a delinquent child the 
 judge may continue the hearing from time to time and may commit the 
 child to the care or custody of a probation officer, and may allow such 
 child to remain at its own home, subject to the visitation of the probation 
 officer or otherwise, as the court may direct, and subject to be returned 
 to the judge for further or other proceedings whenever such action may 
 appear to be necessary; or the judge may cause the child to be placed in 
 a suitable family home, subject to the friendly supervision of a probation 
 officer, and the further order of the judge, or he may authorize the child 
 to be boarded in some suitable family home in case provision be made by 
 voluntary contribution or otherwise for the payment of the board of such 
 child, until suitable provision be made for it in a home without such 
 payment; or the judge may commit such child, if a boy, to a training 
 school for boys, or,.if a girl, to an industrial school for girls, or commit 
 the child to any institution within the county that may care for de- 
 linquent children, or be provided by a city or county suitable for the care 
 of such children. In no case shall a child, committed to such institutions, 
 be confined under such commitment after attaining the age of twenty- 
 one years; or the judge may commit the child to the care and custody of 
 an association that will receive it, embracing in its objects, the care of 
 neglected or dependent children, if duly approved by the board of state 
 charities, as provided by law. Where it appears at the hearing of a male 
 delinquent child, that he is 16 years of age, or over, and has committed a 
 
94 DEPARTMENT OF PUBLIC WELFARE 
 
 felony, the juvenile court may commit such child to the Ohio state re- 
 formatory. (103 v. 871.) 
 
 SECTION 1652-1. Examination by competent physician; record sent 
 with commitment. Any child coming within the provisions of this chap- 
 ter may be subjected to a physical and mental examination by a com- 
 petent physician or physicians, to be appointed by the Juvenile Court. 
 Whenever any such child is committed to any institution by virtue of the 
 provision of this chapter, a record of such examination or examinations 
 shall be sent with the commitment to such institution. The Juvenile Court 
 shall tax as part of the costs, a reasonable fee for such examination. 
 (109 v. 523.) 
 
 SECTION 1653. Commitment to institution or suitable person. 
 When a minor under the age of eighteen years, or any ward of the court 
 under this chapter, is found to be dependent or neglected, the judge may 
 make an order committing such child to the care of the children’s home 
 if there be one in the county where such court is held, if not, to such a 
 home in another county, if willing to receive such child, for which the 
 county commissioners of the county in which it has a settlement, shall 
 pay reasonable board; or he may commit such child to the board of state 
 charities or to some suitable state or county institution, or to the care of 
 some reputable citizen of good moral character, or to the care of some 
 training .school or an industrial school, as provided by law, or to the 
 care of some association willing to receive it, which embraces within its 
 objects the purposes of caring for or obtaining homes for dependent, 
 neglected or delinquent children or any of them, and which has been ap- 
 proved by the board of state charities as provided by law. When the 
 health or condition of the child shall require it, the judge may cause the 
 child to be placed in a public hospital or institution for treatment or 
 special care, or in a private hospital or institution which will receive it 
 for like purposes without charge. The court may make an examination 
 regarding the income of the parents or guardian of a minor committed 
 as provided by this section and may then order such parent or guardian 
 pay the institution or board to which the minor has been committed 
 reasonable board for such minor, which order, if disobeyed, may be en- 
 forced by attachment as for contempt. (103 v. 872.) 
 
 SECTION 1653-1. Age limitations. The provisions of section 1652 
 shall not apply to the girls’ industrial school or the boys’ industrial 
 school, so far as the same allows the commitment of a child under ten 
 years or over eighteen years of age to such institution. In no case shall 
 a child found to be a dependent or neglected child be committed to such 
 institution, nor shall any child under ten years or over eighteen years of 
 age, be committed to such schools except as provided in section 2111 of 
 the General Code. (103 v. 873.) 
 
 SECTION 1654. Penalty for abuse or aiding and abetting delin- 
 quency. Whoever abuses a child or aids, abets, induces, causes, encour- 
 ages or contributes toward the dependency, neglect or delinquency, as 
 herein defined, of a minor under the age of eighteen years, or acts in a 
 way tending to cause delinquency in such minor, shall be fined not less 
 than ten dolalrs, nor more than one thousand dollars or imprisoned not 
 
LAW BULLETIN 95 
 
 less than ten days nor more than one year, or both. Each day of such 
 contribution to such dependency, neglect or delinquency, shall be deemed 
 a separate offense. If in his judgment it is for the best interest of a 
 delinquent minor, under the age of eighteen years, the judge may impose 
 a fine upon such delinquent not exceeding ten dollars, and he may order 
 such person to stand committed until fine and costs are paid. (103 v. 
 873.) 
 
 SECTION 1655. Neglect or non-support of minor. Whoever is 
 charged by law with the care, support, maintenance or education of a 
 minor under the age of eighteen years, and is able to support or con- 
 tribute toward the support or education of such minor, fails, neglects, or 
 refuses so to do, or who abandons such minor, or who unlawfully beats, 
 injures, or otherwise ill treats such minor, or causes or allows him or her 
 to engage in common begging, or whoever, being the father of an 
 illegitimate child under the age of sixteen years and able to support or 
 contribute toward the support of such child, fails, neglects or refuses so 
 to do, upon complaint filed in the juvenile court, as provided in this 
 chapter, shall be fined not less than ten dollars, nor more than five hun- 
 dred dollars, or imprisoned not less than ten days nor more than one year. 
 or both. Such neglect, non-support, or abandonment shall be deemed to 
 have been committed in the county in which such minor may be at the 
 time of such neglect, non-support, or abandonment. Each day of such 
 failure, neglect, or refusal shall constitute a separate offense, and the 
 judge may order that such person stand committed until such fines and 
 costs are paid. (103 v. 873; 110 v. 296.) 
 
 SECTION 1655-1. Expense for return of accused who has fled to an- 
 other state. When a person charged with the violation of any provision 
 of the foregoing section, has fled to another state, or territory, and the 
 governor has issued a requisition for such person, the board of county 
 commissioners shall pay from the general expense*fund of the county to 
 the agent designated in such requisition, all necessary expenses incurred 
 in pursuing and returning such prisoner so charged. (109 v. 53.) 
 
 SECTION 1656. Payment by county to dependent children of pris- 
 oner. When a person is convicted and sentenced to imprisonment in a 
 work-house for any violation of the provisions of section 1655, the county 
 from which such person is so sentenced, shall pay from the general 
 revenue fund fifty cents, for each day such prisoner is confined, to the 
 juvenile court of such county, for the maintenance of the dependent chil- 
 dren of such prisoner. Such expenditures shall be made under the direc- 
 tion of the judge, who shall designate a probation officer for such purpose. 
 The county commissioners of such county shall make the allowances 
 herein provided for, which shall be paid from the county treasury upon 
 the warrant of the county auditor. (110 v. 265.) + 
 
 SECTION 1657. Commitment to county jail, etc. Pending final dis- 
 position of a case, the judge may commit any person arrested or cited to 
 appear, except the minor under fourteen years of age, to the county jail 
 until the case is disposed of, but such trial shall be commenced within 
 four days of such commitment unless upon the request of the defendant. 
 Pending final disposition, the judge may direct that the minor in ques- 
 
 L B Sig 7 
 
96 DEPARTMENT OF PUBLIC WELFARE 
 
 tion be left in the possession of the person having charge of him, or that 
 he be kept in some suitable place provided by the county or city authori- 
 ties. (99 v. 196.) 
 
 SECTION 1658. Citation or arrest ordered after hearing. If it ap- 
 pear upon the hearing that any persen not cited to appear, has probably 
 abused or has aided, induced, caused, encouraged, or contributed to the 
 dependency, neglect or delinquency of a minor under the age of eighteen 
 years, or acted in a way tending to cause delinquency in such minor, or 
 that a person, charged by law, with the care, support, education and main- 
 tenance of any minor, has abandoned, failed, refused, or neglected, being 
 able to do so, to support, or sufficiently contribute toward the support, 
 education and maintenance of such minor, the judge may order such per- 
 son to be cited to appear at a subsequent day, or may issue a warrant 
 to arrest such person as hereinbefore provided, and upon citation, war- 
 rant and hearing the same proceedings may be had as in the first 
 instance. (99 v. 196; 103 v. 874.) 
 
 SECTION 1659. Transfer of case to juvenile court. When a minor 
 under the age of eighteen years is arrested, such child, instead of being 
 taken before a justice of the peace or police judge, shall be taken directly 
 before such juvenile judge; or, if the child is taken before a justice of 
 the peace or a judge of the police court, it shall be the duty of such 
 justice of the peace or such judge of the police court, to transfer the case 
 to the judge exercising the jurisdiction herein provided. The officers hav- 
 ing such child in charge shall take it before such judge, who shall proceed 
 to hear and dispose of the case in the same manner as if the child had 
 been brought before the judge in the first instance. (103 v. 874.) 
 
 SECTION 1660. Writs, to whom issued. The summons, warrants, 
 citations, subpoenas and other writs of such judge may issue to a proba- 
 tion officer of any such court or to the sheriff of any county, and the pro- 
 visions of law relating to the subpoenaing of witnesses in criminal cases 
 shall apply in so far as they are applicable. (103 v. 874.) 
 
 SECTION 1661. Expense; how paid. When a summons or warrant 
 is issued to any such officer, the expense in pursuing and bringing the 
 person named therein, before such judge, shall be paid by the county in 
 the manner prescribed by law for the payment of deputies, assistants 
 and other employes of county officers. (108 v. 874.) 
 
 SECTION 1662. Appointment of probation officers. The judge desig- 
 nated to exercise jurisdiction may appoint one or more discreet persons 
 of good moral character, one or more of whom may be a woman, to serve 
 as probation officers, during the pleasure of the judge. One of such 
 officers shall be known as chief probation officer and there may be one or 
 more assistants. Such chief probation officer and assistants shall receive 
 such compensation as the judge appointing them may designate at the 
 time of the appointment; provided, however, that such compensation may 
 be increased or decreased at any time by said judge, but the compensa- 
 tion of the chief probation officer shall not exceed four thousand dollars 
 per annum and that of the assistants shall not exced twenty-four hundred 
 dollars per annum. The judge may appoint other probation officers, with 
 or without compensation, when the interests of the county require it. 
 
LAW BULLETIN 9 
 
 The compensation of the probation officers shall be paid by the county 
 treasurer from the county treasury upon the warrant of the county 
 auditor, which shall be issued upon itemized vouchers sworn to by the 
 probation officers and certified to by the judge of the juvenile court. 
 The county auditor shall issue his warrant upon the treasury and the 
 treasurer shall honor and pay the same, for all salaries, compensation 
 and expenses provided for in this act, in the order in which proper 
 vouchers therefor are presented to him. (110 v. 155.) 
 
 SECTION 1663. Duties and powers of probation officers. When a 
 complaint is made or filed against a minor, the probation officer shall 
 inquire into and make examination and investigation into the facts and 
 circumstances surrounding the alleged delinquency, neglect, or depend- 
 ency, the parentage and surroundings of such minor, his exact age, 
 habits, school record, and every fact that will tend to throw light upon 
 his life and character. He shall be present in court to represent the 
 interests of the child when the case is heard, furnish to the judge such 
 information and assistance as he may require, and take care of any child 
 before and after trial as the judge may direct. He shall serve the war- 
 rants and other processes of the court within or without the county, and 
 in that respect is hereby clothed with the powers and authority of sheriffs. 
 He may make arrests without warrant, upon reasonable information or 
 upon view of the violation of any of the provisions of this chapter, detain 
 the person so arrested pending the issuance of a warrant and perform 
 such other duties incident to their offices, as the judge directs. All 
 sheriffs, deputy sheriffs, constables, marshals and police officers shall 
 render assistance to probation officers, in the performance of their duties, 
 when requested so to do. (99 v. 198.) 
 
 SECTION 1664. Prosecuting attorney, duty of. On the request of 
 the judge exercising such jurisdiction, the prosecuting attorney of the 
 county shall prosecute all persons charged with violating any of the 
 provisions of this chapter. (99 v. 198.) 
 
 SECTION 1665. Bail. The provisions of law relating to bail in crim- 
 inal cases in the common pleas court shall apply to persons committed or 
 held under the provisions of this chapter so far as they are applicable. 
 (99 v. 198.) 
 
 SECTION 1666. Suspension of sentence. In every case of conviction 
 and where imprisonment is imposed as part of the punishment, such 
 judge may suspend sentence upon such conditions as he imposes. (99 v. 
 198.) 
 
 SECTION 1667. Forfeit of bond. When, as a condition of suspension 
 of sentence, bond is required and given, upon the failure of a person giv- 
 ing such bond to comply with the terms and conditions thereof, such bond 
 may be forfeited, the suspension terminated by the judge, the original 
 sentence executed as though it had not been suspended, and the term of 
 any jail or workhouse sentence imposed in such case shall commence 
 from the date of imprisonment of such person after such forfeiture and 
 termination of suspension. Any part of such sentence which may there- 
 tofore have been served, shall be deducted from any such period of im- 
 prisonment. (99 v. 198.) 
 
98 DEPARTMENT OF PUBLIC WELFARE 
 
 SECTION 1668. Error proceedings. The provisions of the law relat- 
 ing to error proceedings from the court of common pleas, including the 
 allowance and signing of bills of exceptions shall apply to prosecutions 
 of persons over eighteen years of age under this chapter, and from the 
 judgment of a judge of the court of common pleas in such prosecutions 
 error may be prosecuted to the circuit court of the county under laws 
 governing prosecution of proceedings in error in other criminal cases to 
 such circuit court; and from the judgment of a judge of the probate 
 court in such prosecution, error may be prosecuted to the common pleas 
 court of the county under the laws governing prosecution of proceed- 
 ings in error from the probate court to the court of common pleas. A 
 petition in error shall not be filed either in the circuit court or court of 
 common pleas except upon good cause shown, upon motion and notice to 
 the prosecuting attorney, as in civil cases, or unless such motion is al- 
 lowed by such courts. (103 v. 875.) 
 
 SECTION 1669. Findings, not lawful evidence. The disposition of, or 
 any order, judgment, or finding against a child under this chapter, or 
 any evidence given in any proceeding thereunder, shall not in any civil, 
 criminal or other cause or proceeding whatever in any court, be lawful 
 or proper evidence against such child for any purpose whatever, except 
 in subsequent cases herein against the same child. (99 v. 199.) 
 
 SECTION 1670. Detention home, how established and conducted. 
 Upon the advice and and recommendation of the judge exercising the 
 jurisdiction provided herein, the county commissioners shall provide by 
 purchase or lease, a place to be known as a “detention home” within a 
 convenient distance of the court house, not used for the confinement of 
 adult persons charged with criminal offenses, where delinquent, depend- 
 ent or neglected minors under the age of eighteen years may be detained 
 until final disposition, which place shall be maintained by the county as 
 in other like cases. In counties having a population in excess of forty 
 thousand, the judge may appoint a superintendent and matron who shall 
 have charge of said home, and of the delinquent, dependent and neglected 
 minors detained therein. Such superintendent and matron shall be suit- 
 able and discreet persons, qualified as teachers of children. Such home 
 shall be furnished in a comfortable manner and nearly as may be as a 
 family home. So far as possible delinquent children shall be kept sep- 
 arate from dependent children in such home. The compensation of the 
 superintendent and matron shall be fixed by the county commissioners. 
 Such compensation and the expense of maintaining the home shall be 
 paid from the county treasury upon the warrant of the county auditor, 
 which shall be issued upon the itemized voucher, sworn to by the super- 
 intendent and certified by the judge. In all such homes the sexes shall 
 be kept separate, so far as practicable. (99 v. 199.) 
 
 SECTION 1671. Expenses of detention home. When such detention 
 home is provided by the county commissioners, and upon such home being 
 recommended by the judge, the commissioners shall enter an order on 
 their journal transferring to the proper fund from any other fund or 
 funds of the county, in their discretion, such sums as may be necessary 
 to purchase or lease such home and properly furnish and conduct it and 
 pay the compensation of the superintendent and matron. The commis- 
 
LAW BULLETIN 99 
 
 sioners shall likewise upon the appointment of probation officers, transfer 
 to the proper fund from any other fund or funds of the county, in their 
 discretion, such sums as may be necessary to pay them, and such trans- 
 fers shall be made upon the authority of this chapter. At the next tax 
 levying period, provisions shall be made for the expenses of the court. 
 (99 v. 199.) 
 
 SECTION 1672. Temporary or permanent care and custody of child, 
 adoption report. If the court awards a child to the care of an institu- 
 tion, association, or a state board in accordance with the provisions of 
 this and other chapters, the judge shall in the award or commitment 
 designate whether it is for temporary or permanent care and custody. 
 If for temporary care, the award or commitment shall not be for more 
 than twelve months, and before the expiration of such period the court 
 shall make other disposition of the matter, or recommit the child in the 
 same manner. During such period of temporary care the institution, 
 association or state board to which such child is committed shall not place 
 it in a permanent foster home, but shall keep it in readiness for return to 
 parents or guardian whenever the court shall so direct. At any time 
 during such temporary custody the institution or board to whom such 
 child is committed, may, whenever there is an opportunity to place such 
 child in a foster home by adoption, request the court to determine whether 
 such commitment should be modified to include permanent care and 
 custody. Whenever a child is committed to the permanent care of an 
 institution, association or a state board, it shall ipso facto come under 
 the sole and exclusive guardianship of such institution, association or 
 state board, whereupon the jurisdiction of the court shall cease and de- 
 termine, except that such institution, association or board, to which such 
 child is permanently committed may petition said court to make other 
 disposition of such child because of physical, mental or moral defects. 
 Such institution, association or state board may place such child in a 
 foster family home and shall be made a party to any proceedings for the 
 legal adoption of the child. Assent on the part of such institution, as- 
 sociation or state board shall be sufficient to authorize the judge to enter 
 the proper order or decree of adoption. In a similar manner the court 
 may award a child to the care or guardianship of an individual, but such 
 individual shall not place such child in the care of another person or 
 assent to adoption except upon order of said juvenile court; such guard- 
 ianship shall not include the guardianship of any estate of the child. 
 For the purpose of information and co-operative supervision the juvenile 
 court shall report monthly to the board of state charities the names of 
 children committed to institutions and individuals; provided that such 
 report shall not include a child coming under the supervision and custody 
 of the court but permitted to remain with parents or guardian. The 
 board of state charities shall prepare and furnish suitable blanks for 
 such reports. (108 v. Pt. I. 260.) 
 
 SECTION 1673. Repealed. (110 v. 267.) 
 
 SECTION 1674. Agent of certain institutions; duties of. The chief 
 officer of the boys’ industrial school, and of the girls’ industrial school, 
 and the manager of any other institution to which juvenile delinquents 
 may be committed, shall, each, maintain agents of such institution, who 
 
100 DEPARTMENT OF PUBLIC WELFARE 
 
 shall examine the homes of children paroled for the purpose of reporting 
 to such chief officer or manager, whether they are suitable homes, and 
 assist children paroled or discharged from such institution in finding 
 suitable employment, and maintain a friendly supervision over paroled 
 inmates. Such agents shall hold office subject to the pleasure of the chief 
 officer or manager making the appointment and shall receive such com- 
 pensation as the Ohio board of ¢dministration may determine. (103 v. 
 
 876.) 
 
 SECTION 1675. Judge may require report from institution. At any 
 time the judge may require from an association receiving or desiring so 
 to receive children, such reports, information and statements as he deems 
 proper and necessary. He may at any time require from an association or 
 institution, reports, information or statements concerning any child or 
 children committed to it by him, under the provisions of this chapter. 
 (103 v. 861, 877.) 
 
 SECTION 1676. Repealed (103 v. 864.) 
 
 SECTION 1677. Association of other states. No association of an- 
 other state, incorporated or otherwise, shall place a child in a family home 
 within the boundaries of this state, either with or without indenture or 
 for adoption, unless such association shall have furnished the board of 
 state charities with such guaranty as it may require that no child having 
 a contagious disease, deformity, feeble mind or vicious character, shall 
 be brought into this state by such association or its agents, and that such 
 association will promptly receive and remove from the state, a child 
 brought into the state by its agents, which shall become a public charge, 
 within the period of five years thereafter. (103 v. 864) (877.) 
 
 SECTION 1678. Penalty. Whoever violates any of the provisions of 
 Section 1677 shall be imprisoned in the county jail not more than thirty 
 days, or fined not less than five dollars or more than one hundred dollars, 
 or both, in the discretion of the judge. (99 v. 201.) 
 
 SECTION 1679. Religious belief. The judge in committing children 
 shall place them, so far as practicable, in the care and custody of an indi- 
 vidual holding the same religious belief as such child or its parents, or 
 with some association which is controlled by persons of like religious 
 faith as such child or its parents. (99 v. 202.) 
 
 SECTION 1680. How chapter construed as to industrial schools. 
 Nothing herein shall be construed to repeal any provision of law relat- 
 
 ing to the boys’ industrial school or the girls’ industrial school. (103 v. 
 864 (877.) 
 
 SECTION 1681. When child is charged with felony. When any in- 
 formation or complaint shall be filed against a delinquent child under 
 these provisions, charging him with felony, the, judge may order such 
 child to enter into a recognizance, with good and sufficient surety, in 
 such amount as he deems reasonable, for his appearance before the court 
 of common pleas at the next term thereof. The same proceedings shall 
 be had thereafter upon such complaint as now authorized by law for the 
 
 indictment, trial, judgment and sentence of any other person charged 
 with a felony. (99 v. 202.) 
 
LAW BULLETIN 101 
 
 SECTION 1682. Fees and costs, how paid. Fees and costs in all 
 such cases with such sums as are necessary for the incidental expenses 
 of the court and its officers, and the expense of transportation of chil- 
 dren to places to which they have been committed, except the fees of the 
 court and the fees and expenses of the sheriff and his deputies, shall be 
 paid from the county treasury upon specifically itemized vouchers, veri- 
 filed by oath and certified to by judge of the court. (108 v. Pt. II, 1023.) 
 
 SECTION 1683. Chapter to be liberally construed. This chapter 
 shall be liberally construed to the end that proper guardianship may be 
 provided for the child, in order that it may be educated and cared for, 
 . as far as practicable in such manner as best subserves its moral and 
 physical welfare, and that, as far as practicable in proper cases, the par- 
 ent, parents or guardian of such child may be compelled to perform their 
 moral and legal duty in the interest of the child. (99 v. 202.) 
 
 See Opinions of Attorney General (1917), p. 1361, cited under Sec. 
 1671. 
 
 SECTION 1683-1. Jurisdiction. The judge designated to transact the 
 business arising under the jurisdiction conferred in this chapter shall 
 have jurisdiction of all misdemeanors against minors, and of offenses 
 prescribed in sections nine hundred and twenty-eight, six thousand three 
 hundred and forty-four, six thousand three hundred and forty-five, six 
 thousand three hundred and seventy-three, twelve thousand six hundred 
 and sixty-four, twelve thousand six hundred and sixty-six, twelve thou- 
 sand seven hundred and eighty-seven, thirteen thousand and thirty-one, 
 thirteen thousand and thirty-five, and thirteen thousand and thirty-eight. 
 In all such cases any person may file with the clerk of the judge exercis- 
 in the jurisdiction an affidavit, setting forth briefly, in plain and ordi- 
 nary alnguage, the charges aaginst the accused, and he shall be tried 
 thereon, and in such prosecutions an indictment by the grand jury or 
 information by the prosecuting attorney shall not be required. The judge 
 shall forthwith issue his warrant for the arrest of the accused, who, 
 when arrested, shall be taken before said judge, and tried according to 
 the provisions of this chapter, and, if found guilty, shall be punished in 
 the manner provided for by law. (102 v. 425.) 
 
 MOTHERS’ PENSIONS 
 
 SECTION 1683-2. Mothers’ pensions; who entitled to; allowance. 
 For ‘the support of women whoes husbands are dead, or become perma. 
 nently disabled by reason of physical or mental infirmity, or whose hus- 
 bands are prisoners or whose husbands have deserted, and such desertion 
 has continued for a period of three years, when such women are poor, 
 and are the mothers of children not entitled to receive age and schooling 
 certificates, and such mothers and children have a legal residence in any 
 county of the state for two years, the juvenile court may make an allow- 
 ance to each of such women as follows: not to exceed thirty-five dollars 
 a month when she has but one child not entitled to an age and schooling 
 certificate, and if she has more than one child not entitled to an age and 
 schooling certificate, it shall not exceed thirty-five dollars a month for 
 the first child and ten dollars a month for each of the other children not 
 
102 | DEPARTMENT OF PUBLIC WELFARE 
 
 entitled to an age and schooling certificate. The order making such al- 
 lowance shall not be effective for a longer period than six months, but 
 upon the expiration of such period, said court may, from time to time, 
 extend such allowance for a period of six months or less. Such homes 
 shall be visited from time to time by a probation officer, the agent of an 
 associated charities organization, or of a humane society as the court 
 may direct, or in the absence of such probation officer, society or organ- 
 ization in any county, the sheriff of said county shall make such visits as 
 directed by the probate court; provided that the person, other than the 
 sheriff, who actually makes such visits, shall be thoroughly trained in 
 charitable relief work, and the report or reports of such visiting agent 
 
 shall be considered by the court in making such order for relief. (109 v. 
 
 70.) 
 
 SECTION 1683-3. Conditions of allowance. Such allowance may be 
 made by the juvenile court, only upon the following conditions: First, 
 the child or children for whose benefit the allowance is made must be 
 living with the mother of such child or children; second, the allowance 
 shall be made only when in the absence of such allowance, the mother 
 would be required to work regularly away from her home and children, 
 and when by means of such allowance she will be able to remain at home 
 with her children, except that she may be absent for work for such time 
 as the court deems advisable; third, the mother must in the judgment of 
 the juvenile court be a proper person, morally, physically and mentally 
 for the bringing up of her children; fourth, such allowance shall in the 
 judgment of the court be necessary to save the child or children from 
 neglect and to avoid the breaking up of the home of such woman; fifth, 
 it must appear to be for the benefit of the child to remain with such 
 mother; sixth, a careful preliminary examination of the home of such 
 mother must first have been made under the direction of the court by the 
 probation officer, the agent of an associated charities organization or 
 humane society, or in the absence of such probation officer, society or 
 organization in any county, the sheriff of such county shall make such 
 investigations as the court may direct, and a written report of the result 
 of such examination or investigation shall be filed with the juvenile court, 
 
 for the guidance of the court in making or withholding such allowance. 
 (106 v. 436.) . 
 
 SECTION 1683-4. When allowance shall cease. Whenever any child 
 shall reach the age for legal employment, any allowance made to the 
 mother of such child for the benefit of such child shall cease. The 
 juvenile court may, in its discretion, at any time before such child reaches 
 
 such age, discontinue or modify the allowance to any mother and for any 
 child. (103 v. 878.) 
 
 SECTION 1683-5. Disposal of fund when amount insufficient. 
 Should the fund at the disposal of the court for this purpose be sufficient 
 to permit an allowance to only part of the persons coming within the 
 
 provisions of this act, the juvenile court shall select those cases in most 
 urgent need of such allowance. (103 v. 878.) 
 
 SECTION 1683-6. To whom act does not apply. The provisions of 
 this act shall not apply to any woman who, while her husband is impris- 
 
LAW BULLETIN 103 
 
 oned receives sufficient of his wages to support the child or children. 
 (103 v. 878.) = 
 
 SECTION 1683-7. Attempt to obtain allowance by fraud; penalty. 
 Any person or persons fraudulently attempting to obtain any allowance 
 for a person not entitled thereto, shall be deemed guilty of a misdemeanor 
 and on conviction thereof, shall be punished by a fine of not less than five 
 nor more than fifty dollars, or imprisoned in the county jail, for a period 
 of not less than two months, or both. (103 v. 878.) 
 
 SECTION 1683-8. Record of proceedings. Appeal; error. In each 
 case where an allowance is made to any woman under the provisions of 
 this act, a record shall be kept of the proceedings, and any citizen of the 
 county may, at any time, file a motion to set aside, or vacate or modify 
 such judgment and on such motion said juvenile court shall hear evidence, 
 and may make a new order sustaining the former allowance, modify or 
 vacate the same, and from such order, error may be prosecuted, or an 
 appeal may be taken as in civil actions. If the judgment be not appealed 
 from, or error prosecuted, or if appealed or error prosecuted, and the 
 judgment of the juvenile court be sustained or affirmed, the person filing 
 such motion shall pay all the costs incident to the hearing of such motion. 
 (103 v. 878.) 
 
 SECTION 1683-9. Provisions for mothers’ pensions; tax levy. It is 
 hereby. made the duty of the county commissioners to provide out of the 
 money in the county treasury such sum each year thereafter as will meet 
 the requirements of the court in these proceedings. To provide the same 
 they shall levy a tax not to exceed one-fifth of a mill on the dollar valua- 
 tion of the taxable property of the county. Such levy shall be subject to 
 all the limitations provided by law upon the aggregate.amount, rate, 
 maximum rate and combined maximum rate of taxation. The county 
 auditor shall issue a warrant upon the county treasurer for the payment 
 ef such allowance as may be ordered by the juvenile judge. (108 v. 
 Ft. 2, 624.) 
 
 STATE INSTITUTIONS 
 POWERS AND RESTRICTIONS 
 
 SECTION 1807. How board of an institution may acquire real estate. 
 When it is necessary for a state benevolent, correctional or penal institu- 
 tion, or for the accomplishment of the purposes for which it was organ- 
 ized, or is being conducted, to acquire any real estate, right of way or 
 easement in real estate, and the state officer or board in control thereof 
 is unable to agree with the owner or owners thereof upon the price to be 
 paid therefor, such property may be appropriated in the manner provided 
 by law for the appropriation of property for other state purposes. (109 
 eerie) ; 
 
 SECTION 1809-1. Contract with municipality for sewer connections. 
 Any commission or board vested with authority to erect or manage a 
 state institution, located outside of the corporate limits of a munici- 
 pality and the council of such municipality may enter into a contract 
 upon such terms and conditions as may be agreed upon, to connect the 
 
104 DEPARTMENT OF PUBLIC WELFARE 
 
 sewer system of such institution with that of such municipality. Such 
 contract may include payment for the increased cost to such munici- 
 pality occasioned by such connection and service rendered, provided that 
 such contract shall be made for a period of not less than ten years, and 
 is approved by the governor and the attorney general. (103 v. 658. 
 
 SECTION 1810. Certain kinds of business prohibited near benevolent 
 institutions. No person, firm or corporation shall erect or carry on, 
 within one hundred and twenty rods of a benevolent institution or Long- 
 view asylum a rolling mill, blast furnace, nail factory, copper smelting 
 works, boiler factory, petroleum oil refinery, slaughter house, tallow 
 chandlery, or glue, soap or starch factory, or any other works or business 
 productive of unwholesome or noxious odors of gases or loud noises which 
 may annoy or endanger the health or interfere with the proper treat- 
 ment of the inmates of such institution. (63 v. 96.) 
 
 SECTION 1811. Permission from common pleas court to carry on 
 such business. A person, firm or corporation may file a _ petition 
 in the court of common pleas of the county in which any such insti- 
 tution is located, in which petition the desire to erect or carry on at a 
 less distance than that prohibited in the preceding section shall be set 
 forth, the business so prohibited, the precise point of its establishment 
 and the reasons and circumstances, in his opinion, why the erection of 
 carrying on thereof would not annoy or endanger the health, convenience, 
 or recovery of the inmates of such institution. The petitioner shall give 
 notice in a newspaper of general circulation in the county of the pend- 
 ency and prayer of the petition for at least six consecutive weeks previous 
 to the term of court next to be held therein, and serve a written notice 
 upon the superintendent of the institution at least thirty days before the 
 day set for hearing the petition. (63 v. 96.) 
 
 SECTION 1312. Hearing of petition and order of court. If, upon the 
 hearing of the petition, it appears that the notice has been given as re- 
 quired in the preceding section, and the court is of the opinion that no 
 good reason exists why such establishment may not be so erected or such 
 business carried on and that by the erection or carrying on thereof at the 
 point named, such institution will sustain no detriment, the court may 
 issue an order granting the prayer of the petitioner. Thereafter the 
 petitioner may locate such establishment or carry on such business at 
 the point named in the petition. (63 v. 96.) 
 
 SECTION 1813. Books, papers, etc., belonging to the state. All 
 books, papers, vouchers, and contracts, pertaining to a benevolent, correc- 
 tional or penal institution are the property of the state, and shall be care- 
 fully preserved. (Revised Statutes of 1880.) 
 
 SECTION 1814. Suits by the institutions. Claims due a benevolent 
 institution may be sued for in the name of the institution. (75 v. 150.) 
 
 SECTION 1815. Inmates to be supported at the expense of state; 
 exceptions. All persons now inmates of, or hereafter admitted into, a 
 benevolent institution, except as otherwise provided in this chapter, and 
 except as otherwise provided in chapters relating to particular institu- 
 tions, shall be maintained at the expense of the state. They shall be 
 
LAW BULLETIN 105 
 
 neatly and comfortably clothed and their traveling and incidental ex- 
 penses paid by themselves or those having them in charge. (101 v. 157.) 
 
 SECTION 1815-1. Judge shall certify name of guardian or relative. 
 When any person is committed to a state hospital for the insane, to the 
 Longview hospital, to the Ohio Hospital for Epileptics or to the Institu- 
 tion for Feeble-Minded, the judge making such commitment shall at the 
 same time certify to the superintendent of such institution, and the super- 
 intendent shall thereupon enter upon his records the name and address 
 of the guardian, if any appointed, and of the relative or relatives liable 
 for such person’s support under sectoin 1815-9. (102 v. 63.) 
 
 SECTION 1815-2. Rate for support. The maximum rate for the sup- 
 port of inmates of such institutions shall be three dollars and fifty cents 
 per week. Less amounts may be accepted by the board when conditions 
 warrant such action, or when offered by persons not liable. (102 v. 63.) 
 
 SECTION 1815-3. Appointment and duties of agent. The board of 
 state charities shall appoint an agent who shall receive an annual salary 
 of not more than eighteen hundred dollars and the necessary expenses 
 incurred in the performance of his duties. Said agent shall investigate 
 the financial condition of the inmates now in the aforesaid institutions, 
 or hereafter committed or admitted thereto, and of the realtives liable 
 for the support of such inmates, in order to determine the ability of any 
 inmate or such relatives to make payment in whole or in part for the 
 support of the said inmate; provided, that in all cases due regard shall 
 be had for others who may be dependent for support upon the estate of 
 said inmate. (101 v. 157.) 
 
 SECTION 1815-4. Testimony. Order for payment. Collection. 
 Such agent in making investigation shall have power to subpoena wit- 
 nesses, take testimony under oath and to examine any public records 
 relating to the estate of an inmate or of a relative liable for his or her 
 support. All his information, conclusions and recommendations shall be 
 submitted to the board of state charities. The board, or a committee 
 thereof appointed for that purpose, shall determine whether such rela- 
 tive shall be required to pay for the support of such inmate or whether 
 such charges shall be made against the estate of such inmate. An order 
 shall be issued to the persons who are determined liable for such pay- 
 ments, requiring them to pay monthly, quarterly or otherwise, as may be 
 arranged, to the state such amount as it or the committee shall deem 
 proper, but no order shall be issued compelling payment for the care of 
 an inmate prior to May 2nd, 1910. (106 v. 504.) 
 
 SECTION 1815-5. Release or modification. Any person who has been 
 ordered to make payment for the support of an inmate may petition 
 the board of state charities for a release from, or modification of such 
 order, and said board, after an investigation by the agent, may cancel 
 or modify such former order. The board shall at any time for due cause 
 have the power to increase the amount previously ordered paid. (101 
 Wa LD te) 
 
 SECTION 1815-6. Superintendent to assist. The superintendents of 
 the state institutions shall submit to the board of state charities such 
 
106 DEPARTMENT OF PUBLIC WELFARE 
 
 information as they may obtain concerning the financial condition of any 
 inmate or of relatives liable for his or her support. (101 v. 157.) 
 
 SECTION 1815-7. Appointment of guardian. In case the estate of 
 any inmate is sufficient for his or her support, without hardship to any 
 others who may be dependent thereon, and no guardian has been ap- 
 pointed for such estate, the agent shall petition the probate court of the 
 proper county to appoint a guardian. (101 v. 157.) 
 
 SECTION 1815-8. Assistant agents; salary. In order to facilitate 
 the investigation of the finacial condition of the inmates in such institu- 
 tions, and of persons liable for their support, the board of state charities 
 may employ assistant agents not to exceed five in number, who shall re- 
 ceive an annual salary of not more than fifteen hundred dollars, and 
 necessary expenses. (103 v. 879.) 
 
 SECTION 1815-9. Liable for support. It is the intent of this act that 
 a husband may be held liable for the support of a wife while an inmate 
 of any of said institutions, a wife for a husband, a father or mother for a 
 son or daughter, and a son or daughter, or both, for a father or mother. 
 (CLOleve- 1578) 
 
 SECTION 1815-10. Duty of executor or administrator. Contract for 
 fixed annual amount. Copy filed in probate court. Upon the death of a 
 person who is an inmate or has been an inmate since the passage of this 
 act, of any of the aforesaid institutions and who is possessed of property, 
 it shall be the duty of the executor or administrator to ascertain from the 
 board of state charities whether the deceased person was supported while 
 an inmate, and if not, the board may present a claim for support, or for 
 the balance due in case less than the maximum rate had been paid. Such 
 claim shall be allowed and paid as other lawful claims against the estate; 
 provided that the board may waive the presentation of any claim when in 
 their judgment an otherwise dependent person will be directly benefited 
 by the estate. It shall be lawful for the board to accept from a guardian 
 or trustee of an inmate a contract agreeing to pay to the state from the 
 propery of his ward before or at the death of his ward a fixed annual 
 amount for the support of such ward while an inmate, and with interest 
 at four per cent per annum. A copy of such contract shall be filed in the 
 
 probate court of the proper county, and duly entered as a part of the 
 records concerning such ward. (102 v. 63.) 
 
 _ SECTION 1815-12. County liability for support. The county from 
 which an inmate of an institution for the feeble-minded was committed 
 shall be liable for such inmate’s support, provided the same is not paid 
 otherwise as provided by this act. The treasurer of each county shall pay 
 to the treasurer of state, upon the warrant of the county auditor, the 
 amount chargeable against such county for the preceding six months for 
 all inmates therefrom not otherwise supported, upon the presentation of 
 the statement thereof. When any person committed to an institution 
 under the control and management of the Ohio board of administration, 
 other than an institution for the feeble-minded, is transferred or removed, 
 as provided by law by said board of administration from such institution 
 to an institution for the feeble-minded, the county from which said person 
 was committed shall be liable for the support of such person while in 
 
LAW BULLETIN 107 
 
 said institution for the feeble-minded, as hereinabove provided, and to 
 the same extent as if such person had been originally committed from 
 said county to said institution for the feeble-minded. (108 v. Pt. I, 524.) | 
 
 SECTION 1815-13. Collections for support of patients; investiga- 
 tions. It shall be the duty of the board of state charities to make collec- 
 tions for the support of patients at the Ohio state sanatorium. When 
 the superintendent of the Ohio state sanatorium shall report to the board 
 of state charities that an applicant for admission to or an inmate of that 
 institution or any person legally responsible for his support is not 
 fmancially able to pay the minimum amount fixed by section 2068 of the 
 General Code, it shall be the duty of the state board of charities by its 
 authorized agents to make a thorough investigation as is provided by law 
 for such investigations in other institutions. (108 v. Pt. I, 611.) 
 
 SECTION 1815-14. When county shall pay for support of patients. 
 If after the investigation provided in the next preceding section it shall 
 be found that said applicant or inmate or any person legally responsible 
 for his support is unable to pay the minimum amount fixed by law, said 
 board of state charities shall determine what amount, if any, said appli- 
 cant or inmate or any person legally responsible for his support shall 
 pay. The dafference between the amount so determined and the minimum 
 amount fixed by section 2068 of the General Code shall be paid by the 
 county in which said applicant or patient has a legal residence. The 
 amount so determined to be paid by the county shall be paid from the 
 poor fund on the order of the county commissioners. (108 v. Pt. I, 611.) 
 
 SECTION 1815-15. Counties not required to support patients. No 
 county that is maintaining a county tuberculosis hospital or has joined 
 in the erection or maintenance of a district tuberculosis hospital or has 
 contracted with porper authorities of a county, district or municipal 
 tuberculosis hospital for the care and treatment of residents of that 
 county suffering from tuberculosis shall be compelled to support patients 
 in the Ohio state sanitorium, but the county commissioners of any such 
 county may agree to support or aid in the support of a resident of that 
 county in the Ohio state sanatorium. (106 v. 559.) 
 
 SECTION 1816. Payment of expenses and collection from county. 
 In case of failure to pay incidental expenses, or furnish necessary cloth- 
 ing, the steward or other financial officer of the institution may pay such 
 expenses, and furnish the requisite clothing, and pay therefor from the 
 appropriation for the current expenses of the institution, keeping and 
 reporting a separate account thereof. The account so drawn, signed by 
 such officer, countersigned by the superintendent shall be forwarded by 
 such officer to the auditor of the county, from which the person came; 
 and such auditor shall issue his warrant, payable to the treasurer of state 
 for the amount of such bill and charge the amount to the current expense 
 fund. The county auditor shall then collect the account in the name of 
 the state as other debts are collected. (106 v. 503.) 
 
 SECTION 1817. Non-resident person admitted to benevolent institu- 
 tion in certain cases. A person not a legal resident of the state shall not 
 be admitted to a benevolent institution, but, after investigation as here- 
 inafter provided, the board of state charities may authorize the reception 
 
108 DEPARTMENT OF PUBLIC WELFARE 
 
 of such person into an institution, if the legal residence cannot be ascer- 
 tained or the peculiar circumstances of the case constitute, in their judg- 
 ment, a sufficient reason therefor. (99 v. SHA}, 
 
 SECTION 1818. Information requisite in application of admission. 
 When application to a judge of the probate court is made for the com- 
 mitment of a person to a hospital for insane, a hospital for the epileptic 
 or the institution for the feeble-minded, or whenever application to the 
 superintendent of any other benevolent institution is made for the admis- 
 sion of a person thereto, such judge or superintendent shall require 
 answers to the following questions: 
 
 1. Where was the person born? 
 
 2. When did he become a resident of this state? 
 
 3. When did he become a resident of the county? 
 
 4. If not a legal resident of the state and county, on what ground is 
 the application made? (99 v. 323.) 
 
 SECTION 1819. Finding of judge or superintendent reported to Ohio 
 board of administration. If the judge or superintendent finds that the 
 person whose commitment or admission is requested has not a legal 
 residence in this state, or his legal residence is in doubt or unknown, and 
 is of the opinion that such person should be committed or admitted to 
 such institution, he shall notify without delay the Ohio board of admin- 
 istration, giving his reasons for requesting commitment or admission. 
 (103 v. 446.) 
 
 SECTION 1820. Proceedings by Ohio board of administration. The 
 Ohio board of administration by a committee, its secretary, or such agent 
 as it designates, shall investigate the legal residence of such person, and 
 may send for persons and papers and administer oaths or affirmations 
 in conducting such investigation. At any time after investigation is 
 made, and before or after the admission, or commitment to such institu- 
 tion, a non-resident person whose legal residence has been established 
 may be transported thereto at the expense of the state. (103 v. 446.) 
 
 SECTION 1821. Governor may appoint policemen for institution. 
 Upon the application and recommendation of the board of trustees of a 
 benevolent or correctional institution, the governor shall commission not 
 to exceed three employes, designated by the superintendent, to be special 
 policemen thereof, but the number of employes of the institution, or the 
 compensation of an employe shall not be thereby increased. (81 v. 81. 
 
 SECTION 1822. Powers and duties of such policemen. Such officers 
 shall take an oath of office, and may protect the property of such institu- 
 tion, suppress riots, disturbances, and the breaches of peace and enforce 
 laws for the preservation of good order. Upon view or information, they 
 may arrest, without warrant, any person trespassing upon the 
 grounds or destroying property of the institution, or violating a law of 
 the state, and bring such person before the mayor or justice of the peace 
 within the township, to be dealt with according to law. (81 v. 81.) 
 
 SECTION 1823. Distribution of officers and employes. The appoint- 
 ments of officers and employes of the benevolent, correctional and penal 
 institutions controlled exclusively by the state, in the aggregate, shall be 
 
LAW BULLETIN 
 
 equitably distributed throughout the state. Not more than ten per cent 
 thereof at any such institution at the time of appointment or employ- 
 ment shall be residents of the same county. An appointment or employ- 
 ment in contravention of this provision shall be inoperative and void. 
 (88 v. 73.) 
 
 SECTIONS 1824 to 1827, repealed May 11, 1911. 
 
 SECTIONS 1828 to 1830, repealed April 28, 19138. 
 
 SECTION 18381. Arrest and return of fugitives from institutions. On 
 the order of the superintendent or other officer of such institution, a 
 fugitive from any benevolent, correctional or penal institution may be 
 arrested and returned thereto, or to any officer or agent thereof, by any 
 sheriff, constable, police officer, or other person, and may also be arrested 
 and returned by an officer or agent of the institution. (97 v. 307.) 
 
 DEPARTMENT OF PUBLIC WELFARE 
 
 (Act establishing a board of administration for state institutions 
 (now Department of Public Welfare)—see Administrative Code.) 
 
 SECTION 1832. Purpose of act. The intent and purpose of this act 
 are to provide humane and scientific treatment and care and the highest 
 attainable degree of individual development for the dependent wards of 
 the state; 
 
 To provide for the delinquent such wise conditions of modern educa- 
 tion and training as will restore the largest possible portion of them to 
 useful citizenship; 
 
 To promote the study of the causes of dependency and delinquency, 
 and of mental, moral and physical defects, with a view to cure and ulti- 
 mate prevention; 
 
 To secure, by uniform and systematic management, the highest at- 
 tainable degree of economy in the administration of the state institu- 
 tions consistent with the objects in view; 
 
 This act shall be liberally construed to these ends. (102 v. 211.) 
 
 SECTION 1833. Repealed. (109 v. 132.) 
 SECTION 1834. Repealed. (109 v. 132.) 
 
 SECTION 1835. Institutions. * * * * * They shall appoint * * * * 
 such * * * employes as may be deemed neecssary for the efficient con- 
 duct of the business, prescribe their titles and duties and fix their com- 
 pensation, except as otherwise provided herein. 
 
 The board shall assume its duties on August 15, 1911, and shall have 
 full power to manage and govern the following institutions: 
 
 The Athens State Hospital. 
 
 The Cleveland State Hospital. 
 
 The Columbus State Hospital. 
 
 The Dayton State Hospital. 
 
 The Toledo State Hospital. 
 
 The Lima State Hospital. 
 
 The Massillon State Hospital. 
 
 The Ohio Hospital for Epileptics. 
 
110 DEPARTMENT OF PUBLIC WELFARE 
 
 The Institution for Feeble-Minded Youth which shall be known here- 
 after as The Institution for Feeble-Minded. 
 
 The State School for the Deaf. 
 
 The State School for the Blind. 
 
 The Ohio Soldiers’ and Sailors’ Home. 
 
 The Home of the Ohio Soldiers, Sailors, Marines, their Wives, 
 Mothers and Widows and Army Nurses, to be known hereafter as The 
 Madison Home. : 
 
 The Boys’ Industrial School. 
 
 The Girls’ Industrial Home. 
 
 The Ohio State Reformatory. 
 
 The Ohio Penitentiary. 
 
 *The Ohio Reformatory for Women. 
 
 The Ohio State Sanatorium. (102 v. 212.) 
 
 *Under Section 2148-1 G. C. the Ohio Board of Administration as- 
 sumes control of this institution April 6, 1916. 
 
 SECTION 1836. Repealed. (109 v. 182.) 
 SECTION 1837. Repealed. (109 v. 182.) 
 
 SECTION 1838. Powers. The board, in addition to the powers ex- 
 pressly conferred, shall have all power and authority necessary for the 
 full and efficient exercise of the executive, administrative and fiscal super- 
 vision over all said institutions. (102 v. 211.) 
 
 SECTION 1839. Title and rights of board. The board on its organ- 
 ization shall succeed to and be vested with the title and all rights of the 
 present boards of trustees, boards of managers, and commissions of 
 and for said several institutions in and to land, money or other property, 
 real and personal, held for the benefit of their respective institutions, or 
 for other public use, without further process of law, but in trust for the 
 state of Ohio. Said several boards of trustees, boards of managers, and 
 commissions now charged with duties respecting the institutions above 
 named shall on and after August 15, 1911, have no further legal existence 
 and the board is hereby authorized and directed to assume and continue, 
 as successor thereof, the construction, control and management of said 
 institutions, subject to the provision of this act. (102 v. 211.) 
 
 SECTION 1840. May accept and hold, devise, grant or bequest. 
 Annual report shall contain statement of such funds. The board shall 
 accept and hold on behalf of the state, if deemed for the public interest, 
 any grant, gift, devise or bequest of money or property made to or for 
 the use or benefit of said institutions or any of them, whether directly or 
 in trust, or for any pupil or inmate thereof. The board shall cause each 
 such gift, grant, devise or bequest to be kept as a distinct property or 
 fund, and shall invest the same, if in money, in the manner provided by 
 law; but the board may, in its discretion, deposit in a proper trust com- 
 pany or savings bank any fund so left in trust during a specified life or 
 lives, and shall adopt rules and regulations governing the deposit, 
 transfer or withdrawal of such funds and the income thereof. The board 
 shall, upon the expiration of any trust according to its terms dispose 
 
 of the funds or property held thereunder in the manner provided in the 
 instrument creating the trust. 
 
LAW BULLETIN 111 
 
 The board shall include in the annual report a statement of all such 
 funds and property and the terms and conditions relating thereto; pro- 
 vided that moneys or property deposited with officers of institutions by 
 relatives, guardians, conservators and friends for the special benefit of 
 any pupil or inmate, shall remain in the hands of such officers for use 
 accordingly; but each such officer shall keep an itemized book account of 
 the receipt and disposition thereof, which book shall be open at all times 
 to the inspection of any member of the board of administration or of the 
 board of state charities. (102 v. 211.) 
 
 SECTION 1841. Board shall regulate the admission and discharge of 
 inmates. The board shall have power to regulate the admission and 
 disharge of the pupils and inmates in said several institutions, as pro- 
 vided by law. Provided, that subject to the approval of the Ohio board 
 of administration, the admission and discharge of patients in the Ohio 
 state sanatorium shall be governed by rules and regulations adopted by 
 the state board of health. (106 v. 558.) 
 
 SECTION 1841-1. What minors considered wards of the state. 
 Guardianship of. All minors who in the judgment of the juvenile court, 
 require state institutional care and guardianship shall be wards of the 
 state, and shall be committed to the care and custody of “The Ohio board 
 of administration,” which board thereupon becomes vested with the sole 
 and exclusive guardianship of such minors. (103 v. 175.) 
 
 SECTION 1841-2. Bureau of juvenile research. “The Ohio board of 
 administration” shall provide and maintain a “bureau of juvenile re- 
 search,” and shall employ competent persons to have charge of such 
 bureau and to conduct investigations. (103 v. 175.) 
 
 SECTION 1841-3. Board may assign children to bureau for examin- 
 ation and treatment. Assignment of child. “The Ohio board of admin- 
 istration” may assign the children committed to its guardianship to the 
 “bureau of juvenile research,” for the purpose of mental, physical and 
 other examination, inquiry or treatment for such period of time as such 
 board may deem necessary. Such board may cause any minor in its cus- 
 tody to be removed thereto for observation and a complete report of 
 every such observation shall be made in writing and shall include a record 
 of observation, treatment, medical history, and a recommendation for 
 future treatment, custody and maintenance. “The Ohio board of admin- 
 istration” or its duly authorized representatives shall then assign the 
 child to a suitable state institution or place it in a family under such 
 rules and regulations as may be adopted. (103 v. 175.) 
 
 SEcTION 1841-4. Power of board to transfer minor from one insti- 
 tution to another. Any minor having been committed to any state insti- 
 tution may be transferred by such “The Ohio board of administration” 
 to any other institution, whenever it shall appear that such minor by 
 reason of its delinquency, neglect, insanity, dependency, epilepsy, feeble- 
 mindedness, or crippled condition or deformitory, ought to be in another 
 institution. Such board before making transfer shall make a minute of 
 the order for such transfer and the reason therefor upon the record, and 
 shall send a certified copy at least seven days prior to such transfer, to 
 the person shown by its records to have had the care or custody of such 
 
 LB pig 8 
 
112 DEPARTMENT OF PUBLIC WELFARE 
 
 minor immediately prior to its commitment; provided, that except as 
 otherwise provided by law, no person shall be transferred from a benevo- 
 lent to a penal institution. (103 v. 176.) 
 
 SECTION 1841-5. Board may receive minor for observation. “The 
 Ohio board of administration’ may receive any minor for observation 
 from any public institution other than a state institution, or from any 
 private charitable institution or person having legal custody thereof, upon 
 such terms as such board may deem proper. (103 v. 176.) 
 
 SECTION 1841-6. Expenses, fees and costs. Each county shall bear 
 all the expenses incident to the transportation of each child from such 
 county to such “bureau of juvenile research,” together with such fees and 
 costs as are allowed by law in similar cases, which fees, costs and ex- 
 penses shall be paid from the county treasury upon itemized vouchers 
 certified to by the judge of the juvenile court. (103 v. 176.) 
 
 SECTION 1841-7. Repealed. (109 v. 182.) 
 
 SECTION 1841-8. Board of administration shall act as commission of 
 lunacy. Powers and duties. The board of administration shall act as 
 commissioners of lunacy, and shall have power to examine into, with or 
 without expert assistance, the question of the sanity or condition of any 
 persons committed to or confined in any public or private hospital or 
 asylum for the insane, or restrained of his liberty by reason of alleged 
 insanity at any place within this state, order and compel the discharge of 
 any such person who shall not be insane and direct what disposition shall 
 be made of him; upon the receipt of such order of discharge, signed by 
 the president of the board and attested by its secretary, or a copy thereof 
 certified by said secretary, by the superintendent or other person in 
 charge of the building in which the person named in such order may be 
 confined, he shall forthwith be discharged or otherwise disposed of ac- 
 cording to the terms of said order, and any further or other detention of 
 such person shall be unlawful; provided, however, that no such order 
 Shall be made in favor of any person committed and held for trial on a 
 criminal charge, nor in favor of a person held in confinement by an order 
 of a judge or court made in a criminal proceeding, nor in any case unless 
 notice be given to the superintendent or other person having charge of 
 the building in which the alleged insane person is detained and a reason- 
 able opportunity be allowed the person so in charge to justify further 
 detention of the person confined. (103 v. 681.) 
 
 SECTIONS 1841-9. Persons committed to institutions under control 
 of board, may be transferred. All persons committed to any institution 
 under the control and management of the Ohio board of administration 
 shall be considered as committed to the control, care and custody of such 
 board. Upon resolution, duly entered upon the minutes of the board, any 
 person committed to one of such institutions may, for reasons set forth 
 in such resolution, be transferred to any other institution; provided that 
 except as otherwise provided by law, no person shall be transferred from 
 a benevolent to a penal institution. (103 v. 681.) 
 
 SECTION 1841-10. Board may adjudge inmate of any institution 
 insane and remove to other institutions. The board of administration, 
 acting as a commission of lunacy, may adjudge any inmate in any insti- 
 
LAW BULLETIN 113 
 
 tution under its control, or in any county jail, to be insane, feeble-minded 
 or epileptic, and may remove such inmate to any one of the state hos- 
 pitals, or to the institution for feeble-minded, or to the Ohio Hospital for 
 Epileptics. (103 v. 682.) 
 
 SECTION 1841-11. When inmate may be returned. If a convict thus 
 removed from the Ohio Penitentiary or the Ohio State Reformatory re- 
 covers his reason before the expiration of his sentence he shall be ordered 
 by the board to be returned to the institution from which he was taken. 
 (103 v. 681, 682.) 
 
 SECTION 1841-12. Rules and regulations. The board of administra- 
 tion, acting as a commission of lunacy, shall makes rules and regulations 
 for the proper execution of its powers, and may change same from time 
 to time as necessity may demand. (108 v. 682.) 
 
 SECTION 1841-13. Section 1. State bureau of criminal identifica- 
 tion and investigation created; appointment of superintendent; salary. 
 There is hereby created under the authority and supervision of the Ohio 
 board of administration or such department as shall from time to time 
 have charge of state institutions a state bureau of criminal identification 
 and investigation. Upon the taking effect of this act, the board, with the 
 approval of the governor, shall appoint a well qualified person as super- 
 intendent of said bureau, whose salary shall be thirty-six hundred dollars 
 per annum; and a well qualified person as assistant superintendent of 
 said bureau at an annual salary of three thousand dollars; a clerk and 
 such other help as may be necessary from time to time, whose salaries 
 shall be fixed by said board. None of the persons appointed as herein 
 provided shall be subject to the civil service laws. (110 v. 5.) 
 
 SECTION 1841-14. Section 2. Suitable quarters, furniture and sup- 
 plies; inmates assigned as assistants. The bureau shall be supplied with 
 such furniture, fixtures, apparatus and materials as may be necessary 
 for the collection, filing and preservation of all criminal records and 
 records of stolen property filed with the bureau, and suitable quarters 
 in one of the penal institutions of the state in which to carry on the work 
 of this bureau. The superintendent or warden of such designated insti- 
 tution shall furnish or assign as many competent inmates of said insti- 
 tution as may be needed to assist in the work of this bureau. (110 v. 5.) 
 
 SECTION 1841-15. Section 38. Duties of superintendent. The 
 superintendent shall procure and file for record photographs copied from 
 all plates or negatives, outline pictures, descriptions, finger-prints, 
 Bertillon measurements and such other information as may be pertinent, 
 of all persons who have been or may hereafter be convicted of felony 
 within the state and of all well-known and habitual criminals from 
 wherever procurable. He shall also file for record the finger-print im- 
 pressions of all persons confined in any workhouse, jail, reformatory, 
 penitentiary, for the violation of state laws and such other information 
 as he may receive from law enforcement officials of the state and its sub- 
 divisions. (110 v. 5.) 
 
 SECTION 1841-16. Section 4. Standard impression sheet for finger- 
 prints prepared and furnished. The superintendent of the bureau shall 
 prepare standard impression sheets on which finger-prints may be made 
 
114 DEPARTMENT OF PUBLIC WELFARE 
 
 in accordance with the finger-print system of identification. Such sheets 
 may provide for such other descriptive matter as the superintendent may 
 prescribe from time to time. Such sheets shall be furnished to each 
 sheriff, chief of police and to the person in charge of every workhouse, 
 reformatory, penitentiary within the state. (109 v. 585.) 
 
 SECTION 1841-17. Section 5. Impression and description measure- 
 ments sent by sheriff, etc. The sheriff, chief of police or other person in 
 charge of each prison, workhouse, reformatory or penitentiary shall send 
 finger-print impressions and such other descriptive measurements as the 
 superintendent may require on forms furnished by him, to this bureau 
 to be filed, classified and preserved. (109 v. 585.) 
 
 SECTION 1841-18. Section 6. Duties of sheriff, chiefs of police in 
 taking finger-prints, etc. It is hereby made the duty of the sheriffs of 
 the several counties of the state of Ohio and the chiefs of police of in- 
 corporated cities therein immediately upon the arrest of any person for 
 any felony, to take his finger-prints accordnig to the finger-print system 
 of identification on the forms furnished by the superintendent, and for- 
 ward the same, together with such other description as may be required 
 and with the history of the offense committed, to the bureau to be classi- 
 fied and filed. The superintendent shall compare the descriptions re- 
 «ceived with those already on file in the bureau, and if he finds that the 
 ‘person arrested has a criminal record or is a fugitive from justice he 
 shall at once inform the arresting officer of such fact; and in order to 
 facilitate the work of identification, the name or names under which each 
 person whose identification is thus filed is known, shall be alphabetically 
 indexed by the superintendent. 
 
 The provisions of this section shall not apply to violators of city 
 ordinances or those arrested for misdemeanors, unless the officers have 
 reason to believe that he is an old offender, or where it is deemed advis- 
 able for the purpose of subsequent identification. (110 v. 5.) 
 
 SECTION 1841-19. Section 17. Descriptions, finger-prints, photo- 
 graphs, etc., sent to bureau by sheriffs and chiefs of police. It shall also 
 be the duty of each sheriff or chief of police to furnish said bureau with 
 descriptions, finger-prints, photographs and measurements of persons 
 arrested who in their judgment are wanted for serious offenses, are 
 fugitives from justice, or in whose possession at the time or arrest are 
 found goods or property reasonably believed to have been stolen, all 
 persons in whose possession are found burglar outfits or burglar tools or 
 burglar keys, or who have in their possession high power explosives 
 reasonably believed to be intended to be used for unlawful purposes, or 
 persons who are in possession of infernal machines, or other contrivances 
 in whole or in part and reasonably believed by said sheriffs or chiefs of 
 police to be intended to be used for unlawful purposes, and of all persons 
 carrying concealed firearms or other deadly weapons reasonably believed 
 to be carried for unlawful purposes, or who have in their possession inks, 
 dies, paper or other articles necessary in the making of counterfeit 
 bank notes, or in the alteration of bank notes, or dyes, molds or other 
 articles necessary in the making of counterfeit money and reasonably 
 
 believed to be intended to be used by them for such unlawful purposes. 
 (109 v. 586.) 
 
LAW BULLETIN 115 
 
 SECTION 1841-20. Section 8. List and description of stolen prop- 
 erty furnished bureau. It shall be the duty of each sheriff or chief of 
 police, to immediately furnish said bureau with a complete list and 
 description of all stolen property reported to him or recovered by him, 
 including automobiles, horses, buggies, motorcycles, bicycles, jewelry of 
 all kinds, firearms, money bonds and all other articles of value, provided 
 the article or articles stolen or recovered are of the value of one hundred 
 dollars or more. (110 v. 6.) 
 
 SECTION 1841-21. Section 9. Daily bulletin containing complete 
 record of fugitives wanted, issued and distributed. 'The superintendent 
 shall prepare and issue a daily bulletin, except Sundays and holidays, 
 which shall contain a complete record in condensed form of fugitives 
 wanted with nature of offense, stolen property and property recovered 
 of which the owner is unknown, with description of same, and other 
 pertinent information, that has been reported to the bureau by the 
 various law enforcement officers within the state. A copy of such bulle- 
 tin shall be mailed to the sheriff of each county of the state, to the chiefs 
 of police of the cities of the state, and to such other law enforcement 
 officer or other agency as the superintendent may consider advisable. 
 (110 v. 7.) 
 
 SECTION 1842. Superintendent. Appointment of employes. Dis- 
 charged for cause and report. Each of said institutions shall be under 
 the executive control and management of a superintendent or other chief 
 officer designated by the title peculiar to the institution, subject to the 
 rules and regulations of the board and the provisions of this act. Such 
 chief officer shall be appointed by the board to serve for the term of four 
 years unless removed for want of moral character, incompetency, neglect 
 of duty, or malfeasance, after opportunity to be heard. 
 
 The chief officer shall have entire executive charge of the institution 
 for which he is appointed, except as otherwise provided herein. He shall 
 select and appoint the necessary employes, but not more than ten per cent. 
 of the total number of officers and employes of any institution shall be 
 appointed from the same county. He shall have power to discharge them 
 for cause, which shall be recorded in a book kept for that purpose, -and a 
 report of all appointments and resignations and discharges shall be filed 
 with the board at the close of each month. 
 
 For reasons set forth in writing the board may order the discharge 
 of any employe of any institution. 
 
 This act shall not be construed as affecting the term of any chief 
 officer which shall be unexpired at the organization of the board; but he 
 shall be subject to removal as hereinbefore provided. 
 
 The board, after conference with the managing officer of each insti- 
 tution, shall determine the number of officers and employes to be ap- 
 pointed therein. It shall from time to time fix the salaries and wages 
 to be paid at the various institutions, which shall be uniform, as far as 
 possible, for like service, provided that the salaries of all officers shall be 
 approved in writing by the governor. (102 vy. 211.) 
 
 SECTION 1843. Books and accounts. Records. Inventory. The 
 board shall cause to be kept in its office a proper and complete set of 
 books and accounts with each institution, which shall clearly show the 
 
116 DEPARTMENT OF PUBLIC WELFARE 
 
 nature and amount of every expenditure authorized and made thereat, 
 and contain an account of all appropriations made by the General As- 
 sembly and of all other funds, with the disposition thereof. It shall 
 prescribe the form of vouchers, records and methods of keeping accounts 
 at each of the institutions, which shall be as nearly uniform as possible. 
 The board or any member or officer thereof shall have the power to ex- 
 amine the records of each institution at any time. It shall also have the 
 power to authorize its bookkeeper, accountant, or any other employe to 
 examine and check the records, accounts and vouchers or to take an in- 
 ventory of the property of any institution, or to do whatever may be 
 deemed necessary, and to pay the actual and reasonable expenses incurred 
 in such service upon an itemized account thereof being filed and approved. 
 (102) vie 2115) 
 
 SECTION 1844. What officers shall reside in institution. Superin- 
 tendent, stewards and matrons shall reside in the institution with which 
 they are connected and devote their entire time to its interests. (R. S. 
 1880.) 
 
 SECTION 1845. Assignment of industries. The board may assign 
 among the correctional and penal institutions the industries to be carried 
 on therein, having due regard to the location and convenience thereof 
 with respect to other institutions to be supplied, to the machinery therein 
 and to the number and character of inmates. (102 v. 211.) 
 
 SECTION 1846. Price of labor. The board, subject to the approval 
 of the department of finance, shall fix the prices at which all labor per- 
 formed and all articles manufactured in such institutions shall be 
 furnished to the state or the political divisions and public institutions 
 thereof, as is or may be provided by law, which shall be uniform to all 
 and not higher than the usual market prices for like labor and articles. 
 (107 v. 427; see Sec. 154-37.) 
 
 SECTION 1847. Classification of institutions and articles to be manu- 
 factured. Penalty. The board shall, with the advice and consent of the 
 * * * department of finance, classify public buildings, offices and insti- 
 tutions and determine the kinds, patterns, designs and qualities of 
 articles to be manufactured for use therein which shall be uniform for 
 each class, so far as practicable. Whenever the board shall give written 
 notice to the state purchasing agent or other official or officials having 
 lawful authority to purchase such article or articles that it is prepared 
 to supply them from any institution under its control, such state purchas- 
 ing agent or other official or officials shall make any needed purchases of 
 said articles from such institution unless the chief officer thereof, or the 
 board, having been requested to furnish such article or articles shall give 
 notice in writing that the same cannot be furnished within thirty days 
 from the date of the request. Provided, however, that if the state 
 purchasing agent requires such article or articles within thirty days from 
 the day of making such request and so states upon the face of such re- 
 quest, it shall be the duty of the chief officer of such institution or the 
 board to forthwith advise the state purchasing agent whether it will be 
 able to furnish such article or articles within such thirty days. And if it 
 1s impossible to furnish such article or articles within such time, the state 
 
LAW BULLETIN 117 
 
 purchasing agent may purchase such article or articles in the open 
 market as in other case. The provisions of this section shall not apply 
 to any officer, board or agent of any municipality which maintains an in- 
 stitution that produces or manufactures articles of the kind desired. Any 
 person knowingly violating any of the provisions of this section shall be 
 guilty of a misdemeanor and upon conviction thereof, shall be fined not 
 to exceed twenty-five dollars for the first offense nor more than one hun- 
 dred dollars for each subsequent offense. (107 v. 427.) (See Section 
 154-37.) 
 
 SECTION 1848. Cultivation of lands and crops raised. Power to 
 rent. Purchase of materials and supplies. The board or the several 
 managing officers under its direction shall determine and direct what 
 lands belonging to said institutions shall be cultivated, the crops to be 
 raised, and the use to be made thereof, with power to distribute the 
 products among the different institutions. It may require such institu- 
 tions, when they have proper lands and labor, to undertake intensive 
 agriculture and may rent lands for the production of supplies for any of 
 said institutions which have surplus labor, when it can be done to 
 advantage. 
 
 It may direct the purchase of any materials, supplies or other 
 articles for any institution subject to its management from any other 
 such institution at a reasonable market value thereof, to be fixed by the 
 board, and payments therefor shall be made as between institutions in the 
 manner provided by law for payment for supplies. 
 
 It may require the bureau of accounting to devise a proper system of 
 accounting for such dealings, as well as for the keeping of its several 
 accounts and transactions. (102 v. 211.) 
 
 SECTION 1849. Competitive bidding in purchase of supplies. The 
 board is empowered and required to purchase all supplies needed for the 
 proper support and maintenance of said institutions, by competitive 
 bidding under such rules as the board may adopt. All bids shall be pub- 
 licly opened on the day and hour and at the place specified in the adver- 
 tisement. The contract shall be awarded to the lowest responsible bidder, 
 preference shall be given to bidders in localities wherein such institution 
 is located, if the price is fair and reasonable and not greater than the 
 usual price; but bids not meeting the specifications shall be rejected. The 
 board may require such security as it may deem proper to accompany 
 the bids and shall fix the security to be given by the contractor. It may 
 reject any or all bids and secure new bids, if for any reason it is deemed 
 for the best interest of the state to do so, but it may authorize the man- 
 aging officer of any institution to purchase perishable goods and supplies 
 for use in cases of emergency, in which cases the managing officer of the 
 institution requiring the same shall certify such fact in writing and the 
 board shall record the reasons for such purchases. (102 v. 211.) 
 
 (Under the Administrative Code, effective July 1, 1921, powers and 
 duties enumerated by this section were transferred to the department 
 of finance.) 
 
 SECTION 1850. Co-operation with boards and managing officers. 
 The secretary of agriculture, the state board of health, and the Ohio 
 State University, respectively, shall co-operate with the board and man- 
 
118 DEPARTMENT OF PUBLIC WELFARE 
 
 aging officer of each institution in making such co-operative tests as are 
 necessary to determine the quality, strength and purity of supplies, of the 
 value and use of farm lands, or condition and needs of mechanical equip- 
 ment. (107 v. 490.) 
 
 SECTION 1851. Superintendents, their powers and duties. Each 
 superintendent shall be of good moral character and have skill, ability 
 and experience in his profession. He shall have full control of the insti- 
 tution, and be responsible to the trustees for the management thereof, 
 and for the service of all its employes. He shall appoint necessary teach- 
 ers, attendants, nurses, servants and other persons, assign their places 
 and duties and may discharge them, keeping a record thereof, and reasons 
 therefor. (R.S. 1880.) 
 
 SECTION 1851-1. Qualifications of teachers at state institutions. 
 All teachers who are employed or who shall hereafter be employed in 
 any benevolent, correctional or penal institution of the state, except the 
 State School for the Deaf and the State Institution for Feeble-minded, 
 shall on and after September 1st, 1923, possess such teachers’ certificates 
 or have such qualifications and approval as the superintendent of public 
 instruction after conference with the officers in charge of the several in- 
 stitutions may prescribe for the various particular types of service or 
 service in the particular institutions. (109 v. 140.) 
 
 SECTION 1851-2. Approval of course of study by superintendent. 
 The courses of study for the instruction and training of all persons in 
 the benevolent, correctional or penal institutions shall be subject to the 
 approval of the superintendent of public instruction. (109 v. 140.) 
 
 SECTION 1851-3. Inspection of institutions by superintendent. 
 The superintendent of public instruction shall inspect personally or by 
 deputy at least annually all institutions under the control of the board 
 of administration which employ teachers, and shall make a report on the 
 teaching, discipline and school equipment in these institutions to the 
 proper managing board and to the governor. (109 v. 140.) 
 
 SECTION 1852. Duties of matron. The matron, under the direction 
 of the superintendent and not otherwise, shall have general supervision 
 of the domestic arrangements of the institution, and shall devote herself 
 to the comfort and welfare of the inmates. (R. S. Sec. 652.) 
 
 SECTION 1853. Rules and regulations. The board shall make rules 
 for the proper execution of its powers and may require the performance 
 of additional duties by the officers of the several institutions so as fully 
 to meet the requirements, intents and purposes of this act and particu- 
 larly those relating to the making of estimates and furnishing proper 
 proof of the use made of all articles furnished or produced thereat. In 
 case of an apparent conflict between the powers conferred by law upon 
 any managing officer and those conferred by this act upon the board, the 
 presumption shall be conclusive in favor of the board. (102 v. 211.) 
 
 SECTION 1854. Estimates for supplies. The board shall require 
 proper officials of the state and in its political divisions and of the insti- 
 tutions thereof, to report estimates for the ensuing year of the amount 
 of supplies required by them, of the kinds which are produced by the state 
 
LAW BULLETIN 119 
 
 correctional and penal institutions. It may make regulations for such 
 reports and provide the manner in which such estimates shall be made. 
 (102 v. 211.) 
 
 . SECTION 1855. Bond of employes. The board shall require its fiscal 
 
 supervisor-secretary and each officer of every institution under its con- 
 trol who may be charged with custody or control of any money or prop- 
 erty belonging to the state or who is now required by law to give bond, 
 to give a surety company bond properly conditioned, in a sum to be fixed 
 by the board, which when approved by the board, shall be filed in the 
 office of the secretary of state. The cost of such bonds, when approved by 
 board, shall be paid from funds available for the board or the respective 
 institutions. (106 v. 27; see section 154-14.) 
 
 SECTION 1856. Inventory within 30 days of each institution. Within 
 thirty days after its organization, the board shall require the managing 
 officer of each said institution to make a complete, and accurate inventory 
 of all stock and supplies and other property on hand, with the value 
 thereof, which shall be kept on file in the office of the board. (102 v. 211.) 
 
 SECTION 1857. Power to employ engineers, superintendents, etc., 
 fix titles and compensation. The board may employ such mechanical 
 engineers, superintendents and supervisors as it may deem necessary, 
 and fix their titles and compensation which, with all necessary expenses 
 when itemized and approved, shall be paid like other expenses of the 
 board. (109 v. 127.) 
 
 SECTION 1858. Detail inmates to labor. The board may detail tem- 
 porarily from a correctional or penal institution, with the consent of the 
 managing officer thereof, any inmates under its control to perform speci- 
 fied labor. (102 v. 211.) 
 
 SECTION 1859. Develop and encourage occupations. Each manag- 
 ing officer shall develop such occupations as shall promote the mental, 
 moral and physical improvement and happiness of the inmates and the 
 board shall aid and encourage such activities so as best to advance the 
 economical and efficient administration of all the intsitutions, but without 
 prejudice to the primary needs of suitable education for the inmates. 
 (102 v. 211.) 
 
 SECTION 1860. Record of inmates to be kept by board. Report on 
 accident or death. The board shall keep in its office, accessible only to 
 its members, secretary and proper clerks, except by the consent of the 
 board or the order of the judge of a court of record, a record showing 
 the name, residence, sex, age, nativity, occupation, condition and date of 
 entrance or commitment of every inmate, patient or pupil in the several 
 institutions governed by it, the date, cause and terms of discharge and the 
 conditions of such person at the time of leaving, and also all transfers 
 from one institution to another, and, if dead, the date and cause. These 
 and such other facts as the board may from time to time require shall be 
 furnished by the managing officer of each institution within ten days 
 after the commitment, entrance, death or discharge of an inmate, patient 
 or pupil. In case of an accident or injury or peculiar death of an inmate, 
 
120 DEPARTMENT OF PUBLIC WELFARE 
 
 patient or pupil, the managing officer shall make a special report within 
 twenty-four hours thereafter, giving the circumstances as fully as possi- 
 ble. (102 v. 211.) 
 
 SECTION 1861. Repealed. (109 v. 132.) 
 
 SECTION 1862. Examination of buildings and grounds by fiscal 
 supervisor. Under the supervision and direction of the board the fiscal 
 supervisor shall examine into the condition of all buildings, grounds and 
 other property connected with said institutions, the methods of book- 
 keeping and storekeeping and all matters relating to its management. 
 He shall study and become familiar with the advantages and disad- 
 vantages of each as to location, freight rates and efficiency of farm and 
 equipment, for the purpose of aiding in the determination of the local 
 and general requirements both for maintenance and improvements. (102 
 Vocid.) 
 
 SECTION 1863. Detailed estimate of supplies needed each month. 
 Certified vouchers. For the purpose of proper regulation, recording and 
 auditing the various expenditures of said institutions the managing 
 officers thereof shall prepare and present to the fiscal supervisor in 
 triplicate not less than fifteen days before the first day of each month, 
 and on forms furnished by the board, a detailed estimate of all supplies, 
 materials, improvements and money needed during each month. The 
 fiscal supervisor shall review such estimates, and in writing advise 
 changes, if any, giving his reasons therefor, and present them to the 
 board. The officer making the estimate may appeal to the board on any 
 change so advised, due notice of which shall be given him. Estimates for 
 periods longer than one month may be made in the same manner by the 
 managing officer for staple articles designated by the board or for other 
 supplies. Each estimate may include a contingent fund of not to exceed 
 three per cent. of the total amount for maintenance for the period of the 
 estimate, for which no detailed account need be given in the estimate, but 
 such fund shall be drawn upon only in due form as herein provided and 
 under the rules of the board. The fiscal supervisor shall return to the 
 managing officer one copy of every estimate with the beard’s approval or 
 alterations in writing, furnish one copy to the state auditor, and file the 
 third in the office of the board. The state auditor shall ascertain that 
 the estimates so received do not exceed the respective appropriations, and 
 shall draw warrants on the state treasurer monthly for the salary and 
 contingent funds for each institution, which shall be placed in the hands 
 of the managing officer thereof. Itemized payrolls or vouchers for all 
 payments shall be drawn in triplicate. One copy shall be kept on file by 
 the managing officer, one be given to the fiscal supervisor, and one to the 
 state auditor, who shall issue a warrant on the state treasurer thereon. 
 Each voucher shall contain a statement of the managing officer or some 
 other bonded officer designated by him, certifying that the supplies and 
 materials purchased conform to the contract and, samples, and that the 
 improvements or repairs made or special services rendered were fully 
 satisfactory; that the approving officer was in no way financially inter- 
 ested in the transaction to which the same relates, and that he has full 
 knowledge of the value of the purchase or work or services in question; 
 such statement to be made according to forms provided by the board; 
 
LAW BULLETIN 121 
 
 provided, that payrolls for temporary employments in cases of emergency 
 may be made at any time after the services are performed, but all such 
 payrolls shall be certified by the managing officer in the same manner as 
 other vouchers, who shall also certify that each person named in the pay- 
 roll actually rendered the services for the time and at the rate charged 
 therein. (102 v. 211.) 
 
 SECTION 1864. Payment. Money trasnferred to state treasurer. 
 The state treasurer shall have charge of all funds under the jurisdiction 
 of the board and shall pay out the same only in accordance with the pro- 
 visions of this act; provided that the moneys designated and approved by 
 the board and the state auditor as salary and contingent funds in the 
 monthly estimates shall be placed, not later than the first day of each 
 month, in the hands of the managing officer of each institution, who shall 
 act as treasurer thereof. Money in the hands of the officials of the sev- 
 eral institutions at the organization of the board shall be transferred 
 forthwith to the state treasurer. Moneys collected from various sources 
 such as the sale of goods, farm products and all miscellaneous articles, 
 shall be transmitted on or before Monday of each week to the state treas- 
 urer and a detailed statement of such collections made to the fiscal super- 
 visor by each managing officer; but the receipts from manufacturing in- 
 dustries shall be used and accounted for as provided in section 32 hereof. 
 (See Section 1866.) (102 v. 211.) 
 
 SECTION 1865. List of appropriations for maintenance, etc., filed 
 with fiscal supervisor; per capita allowance. Each managing officer 
 shall before each session of the General Assembly present to said fiscal 
 supervisor an itemized list of appropriations desired for maintenance, 
 repairs and improvements and special purposes, as he considers neces- 
 sary for the period of time to be covered by appropriations. The fiscal 
 supervisor shall tabulate such statements and present them to the board 
 of administration with his recommendations. It shall be the duty of the 
 board to present the needs of the institutions to the General Assembly. 
 For this purpose a per capita allowance for the inmates, patients and 
 pupils of each of the institutions shall be arrived at and a total allow- 
 ance for maintenance asked for on the basis of actual number and 
 estimated increase. Every special need shall be itemized and the ap- 
 propriation asked for that specific purpose. The fiscal supervisor and 
 the board shall furnish to the governor and to the General Assembly such 
 information as may be required regarding appropriations requested. It 
 is the intent and meaning of this section that all requests for appropri- 
 ations for said institution shall be placed under sole control of the board, 
 and appropriations for the maintenance and for ordinary repairs and 
 improvements thereof shall be made to the board in single sums to be 
 used for the several institutions according to their varying needs. 
 
 Hereafter the appropriations for said institutions shall be of three 
 classes: 
 
 (1) Maintenance. 
 
 (2) Ordinary repairs and improvements. 
 
 (83) Specific purposes. 
 
 Appropriations for specific purposes shall cover all items for con- 
 struction, extraordinary repairs and purchase of land and shall be used 
 
122 DEPARTMENT OF PUBLIC WELFARE 
 
 only for the institutions and purposes specified therein. (See Section 
 154-33-34-35, Budget System.) (102 v. 211.) 
 
 SECTION 1866. Manufacturing fund and for what purposes used. 
 Equitable portion of earning credited to prisoners. For the purchase of 
 material and machinery used in manufacturing industries, for payment 
 of compensation to employes necessary to carry on said industries, and 
 for providing a fund out of which prisoners confined in penal institutions 
 may be paid a portion of their earnings in the manner hereafter provided, 
 a special appropriation shall be made to be known as the manufacturing 
 fund. Receipts from the sales of manufactured articles shall not be 
 turned into the state treasury, but shall be credited to said fund, to be 
 used for the purchase of further materials, machinery and supplies for 
 such industries; for payment of compensation to employes necessary to 
 carry on said industries, and for payments to convicts or their families 
 as hereinafter provided, and the board of administration shall make a 
 full monthly report of the products, sales, receipts, disbursements and 
 payments to and from said fund to the state auditor. 
 
 The board of administration may place to the credit of each prisoner 
 such amount of his earnings as it deems equitable and just, taking into 
 consideration the character of the prisoner, the nature of the crime for 
 which he was imprisoned and his general deportment. Such credit shall 
 not exceed the difference between the cost of maintaining such prisoner 
 and the amount of his labor, in the opinion of the board of administra- 
 tion, is reasonably worth. The earnings so credited to such prisoner shall 
 be paid to him or his family out of said manufacturing fund at such 
 time, in such manner and in such amounts as the board of administration 
 directs. The board of administration may cancel all or any portion of 
 the earnings credited to a prisoner, for violation of rules, want of pro- 
 priety or any other reason which in its judgment justifies such action. 
 (106 v. 199.) 
 
 SECTION 1867. Longview hospital. The state shall continue to 
 provide for the maintenance of Longview Hosptial, and the board in 
 making estimates for the maintenance of the institutions under their con- 
 trol shall include a suitable amount therefor. Out of the moneys ap- 
 propriated for the maintenance of state institutions, the board shall 
 appropriate a proper allowance for said hospital. In all matters relating 
 to the expenditure thereof, the board shall have the same powers as in 
 other like institutions. In all other matters the board of directors of 
 said hospital shall continue to have and exercise the same power and 
 duties now provided by law. (102 v. 211.) 
 
 SECTION 1868. Power of board in investigations. The board may 
 make such investigations as it may deem necessary to the performance 
 of its duties and to that end it or any member thereof shall have the 
 same power as a justice of the peace to administer oaths and to enforce 
 the attendance and testimony of witnesses and the production of books 
 or papers. It shall keep a record of such investigations stating the time, 
 
 place, charges or subjects, witnesses summoned and examined, and its 
 conclusions. 
 
LAW BULLETIN 123 
 
 In matters involving the conduct of an officer, a stenographic report 
 of the evidence shall be taken and a copy thereof, with all documents 
 introduced, kept on file at the office. 
 
 The fees of witnesses for attendance and travel shall be the same 
 as in the court of common pleas, but no officer or employe of the institu- 
 tion under investigation shall be entitled thereto. Any judge of the pro- 
 bate or of the common pleas court, either in term time or in vaca- 
 tion, upon application of any member of the board, may compel the 
 attendance of witnesses, the production of books or papers and the giving 
 of testimony before said board, or before any member of the board, by a 
 judgment for contempt or otherwise, in the same manner as in cases 
 before said court. (102 v. 211.) 
 
 SECTION 1869. Expenses not allowed; when. No expenditures for 
 traveling expenses to other states, or for attending an interstate or 
 national convention or association shall be made by any member or em- 
 ploye of the board of administration or by any officer of an institution 
 under its control unless authority is granted at a meeting of the board 
 by resolution stating the purpose and reason therefor; but such resolu- 
 tion shall not be effective without the written approval of the governor. 
 (See Section 2313-3 G. C.) (102 v. 211.) 
 
 SECTION 1870. Annual report; contents. In its annual report, the 
 judicially expended, whether the objects of the several institutions have 
 board shall include a complete financial statement of the various institu- 
 tions under its control. The report shall state as to each such institu- 
 tion whether the moneys appropriated have been economically and 
 complied with, and whether all parts of the state are equally benefited by 
 said institutions. Such annual report shall be accompanied by the re- 
 ports of the managing officers and such other information and recom- 
 mendations as the board may deem proper. (106 v. 512.) 
 been accomplished, whether the laws in relation to them have been fully 
 
 SECTION 1871. Electioneering and contributing money for election 
 purposes prohibited. The board shall make rules and regulations for the 
 strictly non-partisan management of the institutions under its control. 
 Any member or employe of the board or any officer or employe of any 
 institution under its control, who, by solicitation or otherwise, shall exert 
 his influence directly or indirectly to induce any other officer or employe 
 of any such institutions to adopt his political views or to favor any par- 
 ticular person or candidate for office, or who shall in any manner con- 
 tribute money or any thing of value to any person for election purposes, 
 shall be removed from office or position, by the board in case of an 
 officer or employe and by the governor in case of a member of the board. 
 And no member or officer or employe of the board shall recommend or in 
 any way seek to secure the appointment, employment or promotion of 
 any person at any institution, the intent and purpose of this act being 
 to improve the service and discipline at said institutions by entrusting 
 the same to the managing officers thereof without interference save by 
 the rules, regulations and orders of the board. (102 v. 211.) 
 
124 DEPARTMENT OF PUBLIC WELFARE 
 STATE SCHOOL FOR THE DEAF 
 
 SECTION 1872. Admission of pupils, age and time. The state school 
 for the deaf shall be open to receive such persons too deaf to be educated 
 in the public schools, residents of the state, as the trustees and superin- 
 tendent deem, from reliable information and examination, to be suitable 
 persons to receive instruction, according to the methods therein employed. 
 No person shall be received under seven years of age or remain longer 
 than thirteen years. No person addicted to immoral habits or who has 
 a contagious or offensive disease shall be received. (99 v. 598.) 
 
 SECTION 1873. Admission of blind and deaf children. The state 
 school for the deaf shall also be open to receive such blind and deaf chil- 
 dren, residents of the state, as the trustees and superintendent deem to 
 be suitable persons to receive instruction therein. The superintendent 
 may employ suitable teachers, and nurses, and make necessary arrange- 
 ments for the instruction and care of blind and deaf children admitted. 
 (99 v. 598.) 
 
 SECTION 1874. Rules governing admissions of blind and deaf. So 
 far as applicable, the rules and regulations for the admission and educa- 
 tion of the deaf shall apply to the blind and deaf, but the trustees may 
 use their discretion as to the age deaf-blind may be received and the time 
 they may remain as pupils. (99 v. 598.) 
 
 SECTION 1875. Education of deaf and blind children at home. 
 When deemed by them fit and proper, the trustees shall provide for the 
 education of a deaf and blind child at its home, and shall appoint and 
 direct teachers therefor the same as when the child is placed in the in- 
 stitution. (938 v. 75.) 
 
 SECTION 1876. When pupil may be returned to parents or guardian. 
 Pupils admitted into the state school for the deaf may be permitted to 
 remain such portion of thirteen years as their progress justifies. If at 
 any time the trustees and superintendent determine that a child is not 
 making sufficient progress in its school or industrial work to justify its 
 continuance as a pupil, they may return it to its parents, guardian, or 
 the infirmary of the county from which it came. No pupil admitted 
 thereto from a county infirmary or who, after admission becomes a county 
 
 charge, shall be sent to a county infirmary for the summer vacation. 
 (99 v. 599.) 
 
 SECTION 1877. What may be taught such pupils. Shoemaking, 
 printing, book-binding, cutting, fitting and making wearing apparel for 
 females, and such other trades and arts as are found to be adapted to 
 the capacities and wants of the deaf, shall be carried on and taught. The 
 trustees in this behalf shall have regard to the good of the pupils and the 
 economical administration of the school. (99 v. 599.) 
 
 SECTION 1878. Management of classes. From among the pupils, 
 male and female, the superintendent shall assign such number from time 
 to time as seems proper, organize them into classes, assign to each class 
 such portions of each day as will best harmonize with their ordinary 
 
LAW BULLETIN 125 
 
 studies, and at the same time give sufficient opportunity to the teachers 
 of trades and arts to attend to their instruction. The superintendent and 
 teachers shall meet and consult monthly, make such change in the classes 
 or order of instruction, and adopt such rules in regard thereto as ex- 
 perience suggests, subject to the approval of the trustees. (89 v. 313.) 
 
 SECTION 1879. Supervision of classes in trades and arts. The 
 bookbinding shall be under the supervision of the supervisor of public 
 printing. The art of cutting, fitting and making wearing apparel for 
 females shall be under the supervision of the matron, who shall assign 
 to classes in such art from the female pupils such number, from time to 
 time, as seems proper, arranging their classes as provided for in the 
 teaching of other arts and trades. (89 v. 313.) 
 
 SECTION 1880. Binding for the state. As far as practicable, the 
 bookbinding for the state shall be done at this institution, and the super- 
 visor of public printing shall have reference to this object in the organ- 
 ization of the business and preparation for work. When the book-binding 
 is let to others, the supervisor may arrange with the contractors to do 
 any part of the work in addition to the work for the state then let, that 
 can be done at the institution on proper terms. If fair rates can not be 
 had from such contractors to employ the pupils engaged in this depart- 
 ment, the supervisor may contract for and perform other binding. (77 
 v. 170.) 
 
 SECTION 1881. Monthly report of supervisor. The supervisor shall, 
 monthly, render an account to the auditor of state of moneys earned by 
 this department and, pay into the state treasury moneys received there- 
 from. In his annual report, he shall state particularly the capacity of 
 the department with reference to the work required by the state. (77 
 iv. 170.) 
 
 STATE SCHOOL FOR THE BLIND 
 
 For Ohio Board of Administration read Department of Public 
 Welfare. 
 
 SECTION 1884. Who may be admitted to school for the blind. The 
 trustees of the state school for the blind may receive in the institution 
 such blind and pur-blind persons, residents of the state, as they and the 
 superintendent are satisfied, from reliable information and examination, 
 are suitable in age and mental capacity to receive instructions by the 
 methods therein pursued. No person shall be received who is addicted to 
 immoral practices, or affected with a contagious or offensive disease. 
 Subject to the approval of the trustees, the superintendent may reject 
 or discharge from the institution any person who has sight sufficient to 
 read common print continuously. (75 v. 150.) 
 
 SECTION 1885. Rules for admission of pupils. The regular pupils 
 must be at least six years of age, and none can be admitted under eight 
 years of age, except for special reasons. Pupils admitted under the age 
 of fourteen years may remain until the age of twenty-one years, and 
 pupils admitted between the ages of fourteen and twenty-one years may 
 
126 DEPARTMENT OF PUBLIC WELFARE 
 
 remain for a period of seven years, if, in the judgment of the trustees, 
 the character, progress, capacity, and conduct of the pupil in each case 
 justify so long a pupilage. (75 v. 150.) 
 
 SECTION 1885-1. Provision for further and higher education. Sub- 
 ject to the approval of the Ohio board of administration, the superin- 
 tendent may provide for the further and higher education of any pupils 
 who in his judgment are capable of receiving sufficient benefit thereby to 
 render him more efficient as citizens by appointing readers for such per- 
 sons to read from text-books and pamphlets used in their studies while 
 in attendance as regularly matriculated students in any college, univer- 
 sity, technical or professional school located in this state and authorized 
 by law to grant degrees. (103 v. 474.) 
 
 SECTION 1886. Persons received to learn trades, in certain cases 
 may return. Persons over twenty-one years of age may be received for 
 cone year, for the purpose of learning a trade or employment taught in 
 the mechanical department. They may also receive instruction in one or 
 more studies, if this can be done without interfering with the purpose for 
 which they are admitted. In addition to the one year specified for those 
 over twenty-one years of age, females, over twenty-one years of age may 
 be allowed to remain three years more, if their capacity renders advis- 
 able. (75 v. 150.) 
 
 SECTION 1887. Trustees may terminate course or dismiss pupils. 
 Subject to the approval of the trustees, the superintendent may permit 
 former pupils to return to the institutoin for a period not exceeding one 
 year, for the purpose of reviewing or perfecting their studies, but not at 
 an age beyond the oldest period provided for in this chapter. Upon the 
 recommendation of the superintendent at any time, for a sufficient cause, 
 the trustees may terminate the course of any pupil, and, subject to the 
 approval of the trustees, he may dismiss any pupil for persistent dis- 
 obedience, immoral conduct, or other cause, that renders the person unfit 
 to remain in the institution. (75 v. 150.) 
 
 SECTION 1888. Non-residents admitted. Pupils, not residents of 
 Ohio, may be admitted if there is accommodation therefor, upon the pay- 
 ment of such sums and upon such terms as the trustees determine. The 
 money received from such pupils shall be paid to the steward, receipted 
 for by him, certified into the state treasury to the credit of the general 
 revenue fund. The steward must keep a correct record of moneys so 
 received by him in a book prepared for that purpose, which record shall 
 
 be open for the inspection of any person wishing to examine it. (75 v. 
 150.) 
 
 SECTION 1889. Trustees may purchase books. From appropria- 
 tions for current expenses, the trustees may expend an amount, not ex- 
 ceeding six hundred dollars, each year, for the purchase of books, maps 
 and other educational appliance, from the American printing house for 
 the blind, for the use of the institution, and gratuitous distribution among 
 the indigent blind of the state, if the purchases can be made from that 
 
 eas at prices not exceeding the cost of their production 
 75 v. 150. 
 
LAW BULLETIN 127 
 
 INSTITUTIONS FOR FEEBLE-MINDED 
 
 For Ohio Board of Administration read Department of Public 
 Welfare. 
 
 SECTION 1891. Control of institutions for feeble-minded. The 
 department of public welfare as successor of the Ohio board of adminis- 
 tration, hereinafter designated as the board of administration or the 
 board, shall manage and govern the institutions for the feeble-minded 
 and shall have full power and authority hereafter to establish, manage, 
 govern and maintain additional institutions for the feeble-minded when- 
 ever the necessary funds therefor have been appropriated by the general 
 assembly and are available for such purpose. The board of administra- 
 tion shall have the power and authority, also, to provide for the custody, 
 supervision, control, care, maintenance and training of feeble-minded per- 
 sons committed to its custody and care, and to pay, in the manner provided 
 by law, the expense thereof out of any funds available therefor. Such per- 
 sons may be held in custody and control, and may be supervised, cared 
 for, maintained and trained, elsewhere than within the enclosure of an 
 institution, if the board in its discretion shall so determine with respect 
 to any individual or group of individuals, and under such regulations as 
 may be appropriate to carry out the purposes of this section and of sec- 
 tion one thousand eight hundred and fifty-nine of the General Code; 
 provided that in all such cases the department shall insure adequate and 
 proper oversight and supervision for the due protection of such persons 
 and of the public. (110 v. 253.) 
 
 SECTION 1892. Object and purpose of institutions; education and 
 training. The object of the institutions for the feeble-minded shall be to 
 receive, detain, care for and maintain feeble-minded persons committed 
 to the custody and care of the board of administration and to train and 
 educate such of them received as are capable of being trained and edu- 
 cated, so as to render them more comfortable, happy and less burdensome 
 to society. The inmates of the institution shall be furnished such agri- 
 cultural and mechanical education as they are capable of receiving and 
 as the facilities furnished by the state will allow. Such other training 
 as the board and the superintendent deem necessary and useful for the 
 welfare of the inmates, and as tending to their proper employment, or as 
 contributing to their development, discipline and support, from time to 
 time, may be added. (108 v. Pt. I, 552.) 
 
 SECTION 1893. Who may be admitted; procedure in admission or 
 release; fees, costs, etc. Feeble-minded persons of any age, whether 
 public charges or not, shall be admitted to the institutions for the feeble- 
 minded, provided such persons are of such inoffensive habits as to make 
 them, in the judgment of the board of administration, proper subjects 
 for care and discipline. Such persons shall be committed to the board of 
 administration and admitted to the institutions for the feeble-minded in 
 the same manner and by like proceedings as are provided for the com- 
 mitment and admission of insane persons to the state hospitals for the 
 insane; and the provisions of chapter 7, division II, title V, part first of 
 the General Code governing and regulating the admission and commit- 
 ment to, and conveyance and escort to and from the state hospitals for the 
 L B Sig 9 
 
128 DEPARTMENT OF PUBLIC WELFARE 
 
 insane, the clothing, traveling expenses, care and maintenance of persons 
 adjudged insane, the arrest and return of escaped insane patients, the 
 release of insane patients from the hospitals for the insane on habeas 
 corpus, and the record of inquests of lunacy to be made and kept by the 
 probate judge, shall apply to and govern the commitment, custody, care, 
 support, maintenance and release of the feeble-minded, and the same fees, 
 costs and expenses that are allowed and paid in lunacy cases shall be 
 allowed, taxed and paid for similar services in all proceedings related to 
 feeble-minded persons. Provided, however, that the medical certificates 
 mentioned in section 1957 of the General Code shall not, when the same 
 relate to feeble-minded persons, be void after ten days, as stated in said 
 section. When they relate to feeble-minded persons, said certificates 
 shall be valid for an indefinite period. (108 v. Pt. I, 553.) 
 
 SECTION 1894. What children given preference. In the reception 
 
 of feeble-minded persons into the institutions for the feeble-minded, 
 preference and priority, so far as practicable, shall be given to feeble- 
 minded children who are delinquent or dependent, as defined in sections 
 1644 and 1645, respectively, of the General Code. No prior or separate 
 proceedings under the juvenile court act as provided in chapter 8, title 
 IV, part first of the General Code shall be necessary, however, to the 
 institution of proceedings and commitment to the board of administra- 
 tion for admission to the institutions for the feeble-minded, of a de- 
 linquent or dependent feeble-minded child under the age of eighteen 
 years. (108 v. Pt. I, 553.) 
 
 SECTION 1895. Disposition of feeble-minded when board unable to 
 provide care and custody. If by reason of the incapacity of the institu- 
 tions for the feeble-minded to receive additional inmates, the board of 
 administration is unable to provide for the custody and care of any 
 feeble-minded person, said board shall forthwith notify the judge of the 
 probate court in which the proceedings for the commitment of such 
 feeble-minded person are pending, of its inability to receive such feeble- 
 minded person. The probate judge shall thereupon take such action and 
 make such order as he may deem necessary and advisable to provide for 
 the detention, supervision, care and maintenance of said feeble-minded 
 
 person until such time as he may be received in an institution for the 
 feeble-minded. (108 v. Pt. I, 553.) 
 
 SECTION 1904-1. Additional institution for feeble-minded; location 
 by Ohio board of administration. In addition to the institution for 
 feeble-minded, an additional institution of the state for the custody, 
 supervision, control, care, maintenance and training of feeble-minded 
 persons committed to the custody and care of the Ohio board of admin- 
 istration shall be established and located in the northern or in the south- 
 ern part of the state, at such point as the Ohio board of administration 
 may determine to be most suitable therefor and best adapted to the 
 public convenience and welfare, having regard to the location of the 
 present institution for feeble-minded, the centers of population in the 
 northern and southern parts of the state, respectively, the availability 
 of land suitable for such institution, and due economy in the acquisition 
 of desirable site, provided, however, that nothing herein contained shall 
 
LAW BULLETIN 129 
 
 prevent the Ohio board of administration in its discretion from receiving 
 in any of the institutions for feeble-minded, feeble-minded persons com- 
 mitted to its custody and care from any county in the state. (108 v. 
 Pt. I, 430.) 
 
 SECTION 1904-2. Acquisition of land and construction of buildings 
 authorized. The Ohio board of administration shall proceed forthwith 
 to acquire by purchase, gift, lease, or appropriation the necessary real 
 estate for the said institution and thereon to establish, construct, furnish 
 and equip such building or buildings and such other improvements and 
 facilities as it may deem necessary and proper for the custody and care 
 of the feeble-minded. In the procuring of plans and specifications and in 
 the letting of contracts for the construction, equipment and furnishing 
 of said building or buildings and of the said improvements and facilities, 
 as well as in the supervision of the construction, equipment and furnish- 
 ing of the same and in the disbursement of the funds hereinafter ap- 
 propriated therefor, the Ohio board of administration shall observe and 
 be governed by all and singular the provisions of law relative and 
 pertinent to the purchase and acquisition of land, the construction, 
 equipment and furnishing of such building or buildings, and the disburse- 
 ment of funds therefor by said board; provided, however, that the Ohio 
 board of administration with the unanimous approval of the state build- 
 ing commission and whenever said commission may deem it more eco- 
 nomical so to do, may construct, in whole or in part, any of such build- 
 ings or other improvements, and may purchase or furnish such materials, 
 supplies, and labor for the construction, equipment, and furnishing of 
 said buildings, improvements, and facilities as it may deem necessary or 
 advisable, in which event the provisions of section 2314 to 2330 of the 
 General Code, both inclusive, shall not apply. (108 v. Pt. I, 430.) 
 
 SECTION 1904-3. Appropriations. The sum of six hundred and fifty 
 thousand dollars is hereby appropriated out of any moneys in the state 
 treasury to the credit of the general revenue fund, not otherwise ap- 
 propriated, to be used and disbursed by said Ohio board of administration 
 for the purchase of land for the site of said additional institution for the 
 feeble-minded, the making of the necessary improvements thereon, and 
 the construction, equipment and furnishing of such suitable building or 
 buildings as the Ohio board of administration may find necessary. (108 
 @. Pt. I, 431.) 
 
 OHIO SOLDIERS’ AND SAILORS’ HOME 
 
 SECTION 1905. Ohio soldiers’ and sailors’ home. There shall be an 
 institution under the name of “The Ohio soldiers’ and sailors’ home,” 
 which shall be a home for honorably discharged soldiers, sailors and 
 marines. (83 v. 107.) 
 
 SECTION 1909. Who may be admitted to the home. All honorably 
 discharged officers, soldiers, sailors and marines, who served in the regu- 
 lar or volunteer forces of the United States, including the Ohio national 
 guard, who have actively served in the army of the United States, and 
 who have been citizens of Ohio one year or more at the date of making 
 application for admission, who are disabled by disease, wounds or other- 
 
130 DEPARTMENT OF PUBLIC WELFARE 
 
 wise, and by reason of such disability incapable of earning their living, 
 and all soldiers of the national guard of Ohio who heretofore have lost, 
 or hereafter may lose an arm or leg, or his sight, or may become 
 permanently disabled from any cause, while in the line and discharge of 
 duty, and are not able to support themselves, may be admitted to the 
 home under such rules and regulations as its board of trustees adopts. 
 (107 v. 617.) 
 
 SECTION 1910. Inspection by congress of the United States. The 
 management and control of the home shall be subject to such inspection 
 and supervision as the congress of the United States may require as a 
 condition of making appropriations for its maintenance. A person ap- 
 pointed or designated by congress may make such inspection and exercise 
 such supervision, and, if so required by congress, he may have and exer- 
 cise the privileges of a member of the board of trustees. (89 v. 40.) 
 
 SECTION 1911. What soldiers or sailors shall have preference. In 
 the admission of honorably discharged soldiers who have served the 
 United States government, preference shall be given to those who served 
 in the Ohio military organizations. In the admission of sailors and 
 marines, preference shall be given to those credited to Ohio in the late 
 civil war. (89 v. 39.) 
 
 SECTION 1912. How expenses of transportation to the home shall 
 be paid. When a soldier, sailor or marine is entitled to admission into 
 the home, the chairman of the soldiers’ relief commission of the county 
 in which such soldier, sailor or marine resides, upon application, may 
 furnish him transportation thereto by the most direct route from his 
 residence. Such transportation shall be paid from the soldiers’, sailors’ 
 and marines’ indigent relief fund of the county. (99 v. 123.) 
 
 SECTION 1913. Insane person not admitted to home. An insane 
 person shall not be admitted to the home. In case such person, through 
 misrepresentation as to his condition, be sent thereto, he shall be returned 
 to, and the expense thereof be borne by the county whence he came. 
 (98 v. 80.) 
 
 SECTION 1914. Proceedings when the inmate becomes insane. 
 When an inmate of the home becomes insane, the commandant shall file 
 with the probate judge of the county in which it is located substantially 
 the following affidavits: 
 
 Phe State of Ohio . v0. vers ka 9es Cee eee county, Sss.: 
 ere Pe Ce TERRE Cee OT ee , commandant of the Ohio 
 soldiers’ and sailors’ home, being duly sworn, says that he believes that 
 PU CPO MRO Cee e ee eesereetevaveasvbvs etsy ea b depen eee Me be ne 
 is insane; that, in consequence of his insanity, his being at large is 
 dangerous to the community, and that he was received into the home 
 RAE ite Pb eyes eounty, on. thes, i. dete aee OGY: OL; “nate aca 19.53 
 
 (89 v. 47.) 
 
 SECTION 1915. Hearing by probate judge; cost. When such affi- 
 davit is filed, the probate judge shall forthwith determine the sanity of 
 such inmate, and, as far as applicable, the statutes governing in cases of 
 admission to a state hospital for the insane shall apply. The probate 
 
 ————— St 
 
 EE 
 
LAW BULLETIN 131 
 
 judge shall have the same authority and may receive and order paid the 
 same fees and costs as the probate judge would have in the county in 
 which such inmate was resident at the time of entering the home. (88 
 v. 139.) 
 
 SECTION 1916. Insane inmate shall be charged to hospital district 
 of home county. An inmate, so adjudged insane, shall be enumerated in 
 the quota of persons entitled to admission into the hospital for insane 
 from the county in which he was resident at the time he entered the home. 
 The fees and costs shall be paid from the appropriations from the state 
 for the support of the home. (88 v. 139.) 
 
 SECTION 1917. Such inmate shall be transferred to hospital for 
 insane. When an inmate has been so adjudged insane, he shall be trans- 
 ferred to the hospital for insane in the district in which he resided at the 
 time of admission to the home. The quartermaster, or an officer of the 
 home designated by him, shall be appointed by the probate judge to trans- 
 fer such inmate to the hospital for insane. (98 v. 80.) 
 
 SECTION 1918. How expense of hearing and transportation shall be 
 borne. The expenses of the adjudication, of transferring such inmate 
 to the state hospital and of clothing him while there shall be paid by the 
 Ohio soldiers’ and sailors’ home. In no case shall any part of such ex- 
 penses be borne by the county in which the home is located, except in 
 case such inmate was a resident of that county at the time of his admis- 
 sion to the home. (98 v. 80.) 
 
 MADISON HOME 
 
 SECTION 1919. Name of the Madison Home. The home established 
 at Madison, Lake county, shall be under the name, “The home of the Ohio 
 soldiers, sailors, marines, their wives, mothers and widows and army 
 nurses.” (97 v. 69.) 
 
 SECTION 1920. Who entitled to its benefits. The benefits of the 
 Madison Home shall extend to all those who were inmates thereof at the 
 time it was established as a state institution. No person may be ad- 
 mitted thereto who, at the time it was so established, was an inmate of 
 another home, or institution, established by the state or national govern- 
 ment for the care of soldiers, sailors or marines. (97 v. 69.) 
 
 SECTION 1921. Who may be admitted. Subject to the provision that 
 preference be given to those who served in Ohio military organizations, 
 the following persons may be admitted to the Madison Home: All hon- 
 orably discharged soldiers, sailors and marines, who served the United 
 States government in the civil war, from eighteen hundred sixty-one to 
 eighteen hundred sixty-five, who are citizens of Ohio, and who are not 
 able to support themselves; their wives, to whom such soldiers, sailors, 
 and marines were married at any time prior to June first, nineteen hun- 
 dred five; their widows, to whom such soldiers, sailors and marines were 
 married prior to June first, nineteen hundred five; and the dependent 
 mothers of such soldiers, sailors and marines; residents of Ohio; in case 
 of death of such soldier, sailor or marine, his surviving wife may live in 
 and be supported by the home. (108 v. Pt. I, 625.) 
 
132 DEPARTMENT OF PUBLIC WELFARE 
 
 SECTION 1921-1. Limitation as to widows, mothers or nurses of the 
 war with Spain. Subject to the provisions of Section 1921 there may be 
 admitted to the Madison home, not to exceed five widows, mothers or 
 nurses of the war with Spain. (108 v. Pt. I, 626.) 
 
 SECTION 1924. Rules and regulations. The board of managers 
 shall make rules and regulations for receiving into, and discharging from 
 the home the inmates thereof, which shall not conflict with the provisions 
 of this or other law of the state. (97 v. 70.) 
 
 SECTION 1925. Powers of managers to make contracts. The board 
 of managers may make contracts in its own name for all purposes inci- 
 dent to the home. A donation of property, accepted by it, shall be con- 
 veyed in fee simple to the state of Ohio, free from encumbrance or con- 
 dition, other than it shall be used by the state to carry out the purposes 
 of the home, and, when not necessary for that purpose, be used for some 
 other eleemosynary purpose. Before such property is accepted, the title 
 thereto must be approved by the attorney general. (97 v. 70.) 
 
 OHIO SOLDIERS’ AND SAILORS’ ORPHANS’ HOME 
 
 This institution is controlled by a separate Board of Trustees and 
 is not under the jurisdiction of the Department of Public Welfare. 
 
 SECTION 1931. Ohio soldiers’ and sailors’ orphans’ home. There 
 shall be an institution under the name of “The Ohio Soldiers’ and Sailors’ 
 Orphans’ Home,” which shall be a place for the care and education of 
 children of deceased and disabled soldiers and sailors. (94 v. 88.) 
 
 Children of soldiers and sailors of the present war may be admitted 
 into the home upon the same conditions as the children of soldiers and 
 sailors of the civil war or the Spanish-American war. Op. Atty. Gen. 
 (108), p. 489. 
 
 SECTION 1931-1. Board of trustees Ohio Soldiers’ and Sailors’ 
 Orphans’ Home. There shall be a board known as the Board of Trustees 
 of the Ohio Soldiers’ and Sailors’ Orphans’ Home, who shall have charge 
 and custody of the Ohio Soldiers’ and Saliors’ Orphans’ Home at Xenia, 
 Ohio, which said board shall consist of five members. The governor, with 
 the advice and consent of the senate shall appoint the members of such 
 board upon the passage of this act; one for five years, one for four years, 
 one for three years, one for two years and one for one year, and there- 
 after each year the governor, with the advice and consent of the senate, 
 shall appoint, for the Ohio Soldiers’ and Sailors’ Orphans’ Home at Xenia, 
 Ohio, one trustee, who shall serve for a term of five years from the ensu- 
 ing first Monday in April. A vacancy in the office of trustee occasioned 
 by expiration of term, removal or otherwise shall be filled in the same 
 manner as the original appointment, and shall be for the remainder of 
 the term. At any time the governor may remove any trustee with the 
 advice and consent of the senate. During the recess of the senate he may 
 suspend any trustee but shall report his action to the senate at its next 
 session, and, if the senate so advise and consent, such trustee shall be 
 removed, but otherwise he shall be restored to his office. The governor 
 shall designate a person to perform the duties of the suspended trustee 
 
LAW BULLETIN 133 
 
 during such suspension. The nomination by the governor and confirma- 
 tion by the senate of a person to take the place of a trustee in office, shall 
 be a removal of such trustee. 
 
 Such board shall govern, conduct and care for such home, the prop- 
 erty thereof and the inmates therein as provided in the laws governing 
 “The Ohio Board of Administration” so far as the provisions thereof 
 are not inapplicable and are not inconsistent with the provisions of the 
 laws governing such home. 
 
 Three members of such board shall constitute a quorum, but any two 
 may approve accounts for the payment of current expenses, salaries and 
 open contracts previously entered into by the board. 
 
 All supplies for such home shall be purchased as provided in section 
 one thousand eight hundred forty-nine of the General Code. (109 v. 128.) 
 
 SECTION 1932. What children may be admitted to the home. Under 
 such rules and regulations as they adopt, the trustees shall receive into 
 the home the children and orphans, destitute of means of support and 
 education and residing in Ohio, of soldiers and sailors who died by reason 
 of wounds received or disease contracted while serving in the military 
 or naval forces of the United States, and the children of permanently 
 disabled or indigent soldiers and sailors in like manner destitute. (94 
 v. 88.) 
 
 SECTION 1932-1. Admission of children of members of O. N. G. 
 That the board of trustees of the Ohio Soldiers’ and Sailors’ Orphans’ 
 Home, Xenia, Ohio, are hereby authorized and directed to receive into 
 such home the children of all members of the Ohio National Guard whose 
 lives were lost, or who were permanently disabled at any time in the 
 course of active duty in the service of the state, on the same basis and 
 subject to the same laws as other children are admitted to such institu- 
 tion. (106 v. 435.) 
 
 SECTION 1933. How long may remain at the home. Unless for 
 good cause sooner discharged, all children admitted to the home shall be 
 supported and educated until sixteen years of age. The trustees may 
 retain such children until they arrive at the age of eighteen years, and 
 members of a graduating class may be retained unti] the close of the 
 school year. (94 v. 88.) 
 
 SECTION 1934. Apportionment admitted from each county. In the 
 admission of children, each county shall be entitled to its proportion 
 according to population, of the entire number the home accommodates, 
 and no more, unless other counties fail to apply within a reasonable time 
 for the admission of their respective quotas. (76 v. 171.) 
 
 SECTION 1935. Appointment of clerk. Bond, where filed. On the 
 nomination of the superintendent the board of trustees of the home shall 
 appoint a clerk for the institution who shall hold his office at the pleasure 
 of the board. The duties of the clerk shall be prescribed by the trustees. 
 Before entering upon his duties, the clerk shall give a bond to the state 
 in the sum of five thousand dollars with two or more sureties, approved 
 by the attorney general, conditioned for the faithful performance of the 
 duties of his office. Such bond, with the approval of the attorney general, 
 
134 DEPARTMENT OF PUBLIC WELFARE 
 
 and the oath of office indorsed thereon, shall be filed in the office of the 
 secretary of state. (103 v. 533.) 
 
 SECTION 1936. What schools shall be established. The trustees 
 shall establish schools for such literary, technical, industrial, art or other 
 education of all pupils therein as is practicable, and make necessary ar- 
 rangements therefor. Within the grounds of the home, they may estab- 
 lish and maintain shops wherein suitable trades may be taught and prac- 
 ticed in a thorough and comprehensive manner. Subject to their regula- 
 tions, the superintendent may employ proper teachers, and for cause, 
 dismiss them. (76 v. 171.) 
 
 SECTION 1937. Curriculum of studies. The curriculum of studies 
 for pupils more than thirteen years of age shall be such as to assist them 
 most effectively in their future pursuits. The division and assignment 
 into schools and classes shall be so arranged that pupils may receive 
 instruction in approved literary branches at the most practicable hours, 
 whether in evening or half-time schools or in schools during certain ses- 
 sions only. (76 v. 171.) 
 
 SECTION 1938. The institution to be made a model school. Any 
 branch of industry introduced shall be taught and practiced in so thor- 
 ough and comprehensive manner that the institution shall be considered 
 a model school for these particular branches. (76 v. 171.) 
 
 SECTION 1939. Purchase of books, tools, etc., disposition of products. 
 The trustees, and, under their regulations, the superintendent, may 
 purchase necessary books, materials, tools and machinery, and dispose of 
 the productions of the pupils to the best advantage and account for such 
 proceeds and expenditures in the annual report. The trustees may make 
 all necessary arrangements to carry into effect the purposes of this 
 chapter. (76 v. 171.) 
 
 SECTION 1940. Pupils may select trade or occupation. Pupils 
 working inside the institution, on their discharge, shall receive net earn- 
 ings for the preceding two years to be approximated by the trustees, and, 
 under their regulations, by the superintendent. Each pupil may select 
 a trade or occupation in which he wishes to engage, but any pupils re- 
 maining in the institution after completion of his or her fourteenth 
 year must devote himself or herself for the time remaining to the learn- 
 
 ing of one of the provided occupations, except in case of debility or ill 
 health. (76 v. 171.) 
 
 SECTION 1941. Duties of superintendent as to certain pupils. Not 
 less than four years before each pupil arrives at the age of sixteen years, 
 the superintendent of the home shall ascertain what trade, if any, such 
 pupil has learned at the home and what trade or business he or she de- 
 sires to follow in the future. Thereupon the superintendent shall cause 
 to be published in two newspapers printed and of general circulation in 
 the county from which such pupil came, a notice that the pupil desires 
 a situation In such business, and a home in a respectable family, the 
 compensation to be paid to such as the employer may agree upon with the 
 pupil and the superintendent. The superintendent shall answer all com- 
 munications and inquiries relating thereto and keep record thereof 
 which shall be open to public inspection. (81 y. 96.) 
 
LAW BULLETIN 135 
 
 SECTION 1942. Monthly report of superintendent. The superin- 
 tendent shall keep an account of expenses incurred under the preceding 
 section, and every thirty days submit a full report thereof to the trustees, 
 who shall examine it with all vouchers and, if found correct, the trustees 
 shall order them paid from the appropriation made by the state for the 
 institution. (81 v. 96.) 
 
 SECTION 1943. Information concerning discharged pupils. When 
 pupils are discharged, the trustees, through the superintendent, so far as 
 practicable, shall keep in communication with them to enable the trustees 
 to report to the governor and general assembly in regard to these chil- 
 dren of the state. 
 
 Holding of annual reunions of ex-pupils. To that end the trustees 
 or superintendent shall encourage and provide for the holding of annual 
 reunions of the ex-pupils at the home and invite them to attend as the 
 guests of the home and state, and keep a record showing the names, ad- 
 dresses and occupations of those who attend. Such reunions shall be held 
 during the children’s regular vacation season, when the holding thereof 
 will not interfere with the management of the home, and the ex-pupils 
 who attend shall be under the same control and receive the same accom- 
 modations as the children and officers of the home. (106 v. 103.) 
 
 SECTION 1944. Trustees may place inmate in private family. 
 When, in the opinion of the trustees, the best interests of pupils would 
 be subserved thereby, they may secure homes for them in private families 
 upon such terms as they agree upon, reserving the right to replace them 
 in the home if they deem it for their best interests. (76 v. 171.) 
 
 SECTION 1945. Support of children entitled to admission outside of 
 institution. The trustees may contract with the proper officers of any 
 of the children’s homes authorized by law in this state, for the support 
 of such children as are by law entitled to admission to the soldiers’ and 
 sailors’ orphans’ home, including those which have become inmates of 
 county infirmaries. In such contracts the trustees shall reserve the right 
 to visit and examine into the condition and treatment of such children in 
 homes. By such contract, the cost per capita shall not exceed the current 
 expense cost of supporting the children at the soldiers’ and sailors’ 
 orphans’ home. The expenses of their transportation from the infirm- 
 aries to the home to which they are assigned shall be paid by the county 
 to which they belong. (84 v. 174.) 
 
 SECTION 1946. Salaries of officers and employes. The compensa- 
 tion of the officers and employes of the home shall be fixed by the board 
 of trustees. No person, unless he shall have been in the actual military 
 or naval service of the United States and shal} have received an honor- 
 able discharge therefrom, shall be eligible to hold the position or office of 
 superintendent. Provided, however, that the provisions of this section 
 shall not affect the tenure of the position or office of the present super- 
 intendent. (108 v. Pt. I, 617.) 
 
 SECTION 1946-3. Superintendent, guardian of the estate of minors. 
 The superintendent of the Ohio Soldiers’ and Sailors’ Orphans’ Home 
 shall be, by virtue of his office, the guardian of the estate of all minors 
 under the age of sixteen years, duly admitted and residing in such home, 
 
136 DEPARTMENT OF PUBLIC WELFARE 
 
 whose fathers are deceased and who have no other legal guardians. The 
 superintendent shall be liable on his official bond for the conduct of the 
 guardianship and shall not be required to give additional bond. When 
 any minor whose estate is under the guardianship of the superintendent 
 arrives at the age of sixteen years or is discharged from the home, the 
 superintendent shall file his final account as guardian with the probate 
 judge of the county in which the home is situated, and no fees shall be 
 charged by the court for the filing of such account and discharge as 
 guardian. The provisions of law relating to the guardians of minors 
 shall apply as far as possible to the provisions of this section. (106 v. 
 497.) 
 
 SECTION 1946-4. Additional bond of superintendent. Immediately 
 upon the taking effect of this act the superintendent of said home, now 
 in office, unless a new official bond shall be then given by him, shall give 
 an additional bond in the amount of ten thowsand dollars, conditional 
 upon the faithful discharge of his duties as guardian, under the preced- 
 ing section, for the term covered by his existing official bond, and nothing 
 in said preceding section shall be deemed or held to apply to or alter the 
 conditions of such existing official bond. Any official bond of said super- 
 intendent, given after this act shall take effect, shall be liable as provided 
 in section 1 of this act. The premium on such additional bond, if any, 
 may be paid from any proper appropriation for the current expenses of 
 said home. 106 v. 497.) 
 
 HOSPITALS FOR THE INSANE 
 
 For Ohio Board of Administration read Department of Public 
 Welfare. 
 
 SECTION 1947. Names of hospitals. The institutions for the care 
 and treatment of the insane in this state shall be respectively designated 
 as follows: That near Cleveland, as the Cleveland state hospital; that 
 near Columbus, as the Columbus state hospital; that near Dayton, as the 
 Dayton state hospital; that near Athens, as the Athens state hospital; 
 that near Toledo, as the Toledo state hospital; that near Massillon, as the 
 Massillon state hospital; the Longview asylum of Cincinnati, as the 
 Longview hospital. They shall each be under the charge of a separate 
 board of trustees. (91 vy. Zou) 
 
 (See Section 1835 G. C., which places these institutions under the 
 control of the Department of Public Welfare.) 
 
 SECTION 1948. Ohio board of administration may fix or alter hos- 
 pital districts. The Ohio board of administration may divide the state 
 into districts, for the purpose of regulating the admission of patients into 
 state hospitals for insane named in the preceding section and fix the 
 quota of each county therein, so as to secure equality among the counties 
 in proportion to population as indicated by preceding federal census, and 
 to promote their convenience in this regard. The Ohio board of adminis- 
 tration may change the boundaries of such districts, from time to time, 
 as may be necessary and expedient. (103 v. 446.) 
 
LAW BULLETIN 137 
 
 SECTION 1949. Action effective on approval of governor. Regula- 
 tions made under the preceding section shall not be effective until sub- 
 mitted to the governor and approved by him. After such approval, the 
 Ohio board of administration shall notify the judge of the probate court 
 of the counties affected by any change of district or quota. (1038 v. 447.) 
 
 SECTION 1950. Who may be admitted; non-residents. No person 
 shall be admitted into any such hospital, who is not an inhabitant of the 
 state, except by authority of the Ohio board of administration as provided 
 by law. Within the meaning of this section, no person shall be consid- 
 ered an inhabitant who has not resided in the state one year preceding 
 the date of his or her application. No person is entitled to the benefits 
 of the provisions herein except those whose insanity occurred during the 
 time of his or her residence in the state. The board may direct the dis- 
 charge of a person when they deem it expedient. (103 v. 447.) 
 
 SECTION 1951. Probate judge shall be advised monthly of quota. 
 The medical superintendent of each of the state hospitals shall inform 
 the probate judge of the different counties comprising the district, 
 monthly, of the quota of patients to which suck county is entitled and the 
 number in the hospital therefrom. The probate judge at any time may 
 forward an acute case if the quota is not full and the papers and clothing 
 are in compliance with law. (99 v. 325.) 
 
 SECTION 1952. Transfer from one hospital to another. If, at any 
 time, any such hospital cannot accommodate the patients of the district 
 to which it is attached, or if the best interests of a patient make his 
 transfer advisable, with the consent and written approval of the super- 
 intendents interested, the Ohio board of administration may order the 
 transfer of such patients to the hospital of either of the other districts, 
 which at that time has room for such patients. When such transfer is 
 at the request of relatives or friends of inmates, it shall be at their ex- 
 pense. All other transfers shall be at the expense of the hospital from 
 which they are transferred. Upon the request of the probate judge of 
 any county, the Ohio board of administration may authorize the commit- 
 ment of an insane person to a hospital located in another hospital district, 
 if the reasons set forth in the application warrant such action. (103 v. 
 447.) 
 
 SECTION 1953. Proceedings for admission of patients. For the ad- 
 mission of patients to a hospital for the insane, the following proceed- 
 ings shall be had. A resident citizen of the proper county must file with 
 the probate judge of such county an affidavit, substantially as follows: 
 
 Seereere Hatt ee VCCI TO ra a Le cya. Riae & ew Sead MG ais ule eG as a eco county, ss.: 
 ETE eae iia eA y Cie od Se aie ad.8e ab qlee Come the undersigned, a citizen 
 ETE art ace ote RR ER Gale ek Wir diets 6 SE sles Rlaakneaee < county, Ohio, being 
 Poem ee UENCE VGE co hcl sw elite chee eciae aWetG. em ss cake 80 ete 
 
 is insane, (or that in consequence of his insanity, his being at large is 
 dangerous to the community.) He has a legal settlement in............ 
 township in this county. 
 
 UPeRL etree sree Ree wee tk xie'n Tee (75 v. 64.) 
 SECTION 1954. Warrant and subpoenas. When such affidavit is 
 filed, the probate judge shall forthwith issue his warrant to a suitable 
 
138 DEPARTMENT OF PUBLIC WELFARE 
 
 person, commanding him to bring the person alleged to be insane before 
 him, on a day therein named, not more than five days after the affidavit 
 was filed, and shall immediately issue subpoenas for such witnesses as he 
 deems necessary, two of whom shall be reputable physicians, command- 
 ing the persons in such subpoenas named to appear before him on the 
 return day of the warrant. If any person disputes the insanity of the 
 party charged, the probate judge shall issue subpoenas for such person 
 or persons as are demanded on behalf of the person alleged to be insane, 
 (75 v. 64.) 
 
 SECTION 1955. Probate judge may examine such person out of 
 court. If, by reason of the character of the affliction or insanity, it is 
 deemed unsuitable or improper to bring such person into such probate 
 court, the probate judge shall personally visit such person and certify 
 that he has so ascertained the condition of the person by actual inspec- 
 tion, and all the proceedings as herein required may then be had in the 
 absence of such person. (75 v. 64.) 
 
 SECTION 1956. Court shall have certificate of two medical witnesses. 
 Unless for good cause the investigation is adjourned, the judge, at the 
 time appointed, shall proceed to examine the witnesses in attendance. 
 Upon the hearing of the testimony, if he is satisfied that the person so 
 charged is insane, he shall cause a certificate to be made out by two med- 
 ical witnesses in attendance that the person is insane to the best of their 
 knowledge and belief. The medical witnesses must have at least five 
 years’ experience in the practice of medicine, shall not be related, by 
 blood or marriage, to the person alleged to be insane or to the person 
 making the application for commitment, nor have any official connec- 
 tion with any state hospital. The medical certificate shall contain 
 answers to such interrogatories as the Ohio board of administration, 
 with the advice of the superintendents of the several hospitals, prescribes. 
 (103 v. 447.) 
 
 SECTION 1957. Form and rules as to medical certificate. The 
 medical certificate form shall be printed by the Ohio board of adminis- 
 tration, and not be modified oftener than once each year. Sufficient 
 copies shall be furnished the probate courts of the respective counties. 
 All medical certificates shall be void after ten days from date of issue, 
 if the persons named therein are not admitted to a state hospital within 
 that time. In the same manner there shall be prepared and distributed 
 forms for use in commitments to the Ohio Hospital for Epileptics and to 
 the Institution for Feeble-Minded. (103 v. 448.) 
 
 SECTION 1958. Application for admission to hospital. The probate 
 judge, upon receiving the certificate of the medical witnesses, made ac- 
 cording to the provisions of the preceding sections, shall forthwith apply 
 to the superintendent of the hospital situated in the district in which 
 such patient resides. At the same time, he shall transmit copies, under 
 his official seal, of the certificates of the medical witnesses, and of his 
 findings in the case. Upon receiving the application and certificate, the 
 superintendent shall immediately advise the probate judge whether the 
 patients can be received, and, if so, at what time. (85 v. 21.) 
 
 I 
 
LAW BULLETIN 139 
 
 SECTION 1959. Conveyance of insane persons to hospital. When 
 advised that the patient will be received, the probate judge shall forth- 
 with issue his warrant to the sheriff or to a suitable person commanding 
 him forthwith to take charge of and convey such insane person to the 
 hospital. If the probate judge is satisfied, from proof, that an assistant 
 is necessary, he may appoint one person as such assistant. If the insane 
 person is a female, he shall appoint a suitable female assistant to accom- 
 pany the sheriff and such insane person to the hospital. (108 v. Pt. II, 
 1219.) 
 
 SECTION 1960. Form of warrant and receipt. The warrant of the 
 probate judge shall be substantially as follows: 
 De a teny, OO. (aca gars Sirs ows ts county, ss.: 
 Office of the probate judge of said county. 
 
 All the proceedings prescribed by law to entitle ...............4.. 
 
 PRES cyaurere Mate wwe 3 Oe to be admitted into the hospital for the insane 
 having been had, you are commanded, forthwith, to take charge of and 
 
 EE ae eg ce Tote y a a ia,'s Se otal 6 cas ay Sais ak eae Swale a a's 6 wate s Can ene eS 
 
 Be CATT GE PODS A aca a aie aslisnn 6 acu. 5 ais Se 0% ¥ pie. wei 63506 and you are 
 RR A ST Gn en a ES ies es wa etek sh owl ole sain ot GIA euspeub LAE 
 as assistant; after executing this warrant you will make due return 
 thereof to this office. Witness my hand and official seal this............ 
 AE Oe on eget bute. 0% & ALS lattice 4a 
 
 Day EUs RITA OR a POR aie wth eMule sie Probate Judge. 
 Upon receiving such patient, the superintendent shall endorse upon 
 the warrant, a receipt substantially as follows: 
 
 Hospital for insane at..... Msieea wcll sine «<b CREM. cue 
 Pe ERIN cs es eel ertls dete gawd ome Be OS Seis aut cies ee 
 PO ET Eg oon alte cs a le seid ag aialeileratalelaiiel« ss Siilaatagetaichehe plies : 
 the patient named in this warrant. 
 NE ae arcs ite kets Bowals & cue ane ont Superintendent. 
 (85 v. 21.) 
 
 SECTION 1961. Relatives may keep patient. The warrant, with the 
 receipt of the superintendent thereon, shall be returned to the probate 
 judge and filed by him with the other papers relating to the case. Until 
 a certificate is furnished by a medical witness that the patient is free 
 from all infectious diseases and from vermin, the probate judge shall 
 refuse to make such application to the superintendent. The relatives of 
 a person charged with insanity, or found to be insane, in all cases, may, 
 with the approval of the probate court, take charge of and keep such 
 person if they desire to do so. In such case, the probate judge, before 
 whom the inquest has been held, may deliver such insane person to them. 
 (107 v. 403.) 
 
 SecTION 1962. Patients shall have proper clothing. If not other- 
 wise furnished, the probate judge shall spuply each patient sent to a 
 hospital for the insane with proper clothing, which shall be paid for on 
 his certificate and the order of the county auditor from the county treas- 
 ury. Such clothing shall be new or as good as new, the woolens of dark 
 
140 DEPARTMENT OF PUBLIC WELFARE 
 
 color, and with such patient be delivered in good order to the superin- 
 tendent. The superintendent will not be bound to receive the patieni 
 without such clothing. (75 v. 64.) 
 
 SECTION 1963. What shall constitute proper clothing. The clothing 
 required by the preceding section is as follows: 
 
 For a male patient, a coat, vest, and two pairs of pantaloons, all of 
 woolen cloth, two pairs of woolen socks, two pocket handkerchiefs, two 
 cravats, one hat or cap, a pair of shoes or boots, a pair of slippers, three 
 cotton shirts, two pairs of drawers, two undershirts, and an overcoat or 
 outside garment sufficient to protect him in severe weather; 
 
 For a female, two substantial gowns or dresses, two flannel petti- 
 coats, two pairs of woolen stockings, one pair of shoes, one pair of slip- 
 pers, two handkerchiefs, a good bonnet, two cotton chemises, and a large 
 shawl or cloak. (75 v. 64.) 
 
 SECTION 1964. When a patient may be discharged. On consent and 
 advice of the trustees, the superintendent may discharge any patient 
 from a state hospital for the insane, when he deems such discharge proper 
 and necessary. No patient who in the judgment of the superintendent 
 has homicidal or suicidal propensities shall be discharged. If in the 
 opinion of the superintendent, the condition of the patient at the time of 
 discharge justifies it, he may permit him to go to his home, or leave the 
 institution unattended. (97 v. 52.) 
 
 SECTION 1965. Traveling expenses of patient. If the patient is not 
 financially able to bear his own expenses, the superintendent may furnish 
 him a sufficient sum, not exceeding twenty dollars, to pay his traveling 
 expenses, and charge it to the current expense fund of the institution. 
 (97 v. 52.) 
 
 SECTION 1966. Discharge of patient requiring escort. In cases re- 
 quiring an escort, if neither the patient nor his friends are financially 
 able to bear the expense of his removal, the superintendent shall give 
 notice to the probate judge of the county of which the patient is an in- 
 habitant, who shall forthwith issue his warrant to a suitable person, 
 giving the friends of patients the preference, which shall read as follows: 
 
 Me Poti: OL, SONI . ves caren oh eee county, ss.: 
 
 Office of the probate judge of said county. 
 
 The proper authority having directed that....,...0.c:secccecceves 
 SE eLeNS sia BC 5 tog Tus. Sax. cies ead , a patient from this county, in the state 
 HOMDI CAA LOT The neane: BY ys, i «sack oleae eee be removed therefrom, 
 you are commanded forthwith to remove such patient and return him to 
 his home in this state. 
 
 Witness my hand and official seal this...........cccecceecee day of 
 
 SECTION 1967. Fees and expenses. Upon receipt of the warrant, 
 the sheriff or suitable person to whom directed shall execute and return 
 it to the probate judge, by whom it was issued, showing how it was exe- 
 cuted and the date the patient was delivered to the hospital. (108 v. 
 Pt. II, 1220.) 
 
LAW BULLETIN 141 
 
 SECTION 1968. Absence from institution on trial visit. When the 
 superintendent deems is for the best interest of a patient, who has no 
 homicidal or suicidal propensities, he may permit such patient to leave 
 the institution on a trial visit which shall not exceed ninety days. Such 
 patient, if necessary, may be returned at any time within such period 
 without further legal proceedings. (97 v. 52.) 
 
 SECTION 1969. Expenses of return from trial visit. The removal 
 of a patient on such trial visit shall be made in the manner provided for 
 removal in case of discharge. If neither the patient nor friends are 
 financially able to bear the expense of a necessary return from such visit, 
 the return shall be made on the warrant of the probate judge as herein 
 provided in case of discharged patients in like circumstances. (97 v. 52.) 
 
 SECTION 1970. Superintendent to report death, escape, etc., to pro- 
 bate judge. Immediately thereafter, the superintendent shall report the 
 removal, death, escape or discharge of any patient, or return of an 
 escaped patient, to the probate judge of the county from which such 
 patient was committed. In case of death, he shall also notify one or 
 more of the nearest relatives of the deceased patient, if known to him, by 
 letter or telegraph, as to him seems best. If the place of residence of 
 such relative is unknown to the superintendent, immediately upon receiv- 
 ing notification, the probate judge shall in the speediest manner possible 
 notify such relatives if known to him. (78 v. 102.) 
 
 SECTION 1971. When discharged, superintendent may furnish 
 patient clothing. When a patient is discharged, as cured, the superin- 
 tendent may furnish such patient with suitable clothing and a sufficient 
 sum of money to pay his or her actual traveling expenses to the township 
 in the county from which he or she was sent, not in any case to exceed 
 twenty dollars. (78 v. 102.) 
 
 SECTION 1972. Who may be admitted on voluntary application. 
 A person in an incipient stage of mental derangement may apply for ad- 
 mission to and treatment in the state hospital for the district in which 
 he or she resides. A person in an incipient stage of epilepsy may apply 
 for admission to and treatment in the Ohio hospital for epileptics. The 
 superintendent of such hospital may receive such person as a patient 
 therein for not more than sixty days, if from his own examination and 
 the written statement of a reputable physician familiar with the ap- 
 plicant’s condition and which covers the interrogatories and answers 
 prescribed by the state board of charities in other applications, he is sat- 
 isfied that the applicant is in an incipient stage of mental derangement 
 or epilepsy, in need of such treatment as the hospital affords, and likely 
 to be benefited thereby. (99 v. 326.) 
 
 SECTION 1973. Applicant, how must apply. An applicant under the 
 preceding section must be an inhabitant of this state, as defined in this 
 chapter in case of cther applications and able to appreciate the reason 
 for and purpose of his application. The applications must be in writing, 
 signed by the applicant, and in such form as the superintendent pre- 
 scribes. The number of persons cared for as patients in any hospital 
 under this and the preceding section at any time shall not exceed five. 
 (99 v. 326.) 
 
142 DEPARTMENT OF PUBLIC WELFARE 
 
 SECTION 1974. Exception when quota of county is filled. Nothing 
 in the preceding two sections shall authorize the admission of a patient 
 to a hosptial from any county having persons already adjudged insane 
 by the probate court, who are waiting admission to such institution. 
 (95 v. 79.) 
 
 SECTION 1975. Proceeding when a person becomes again insane. 
 When a person, discharged from a hospital for the insane as cured 
 again becomes insane, before he or she can be admitted to a hospital for 
 the insane, the same proceedings shall be had as in case of an original 
 application for the admission of patients to a hospital. (93 v. 150.) 
 
 SECTION 1976. Benefit of habeas corpus. All persons confined as 
 insane shall be entitled to the benefit of the writ of habeas corpus, and 
 the question of insanity must be decided at the hearing. If the judge 
 decides that such person is insane, the decision shall be no bar to the issu- 
 ing of the writ a second time, if it is alleged that such person has been 
 restored to reason. (75 v. 64.) 
 
 SECTION 1977. Papers in case of inquest shall be preserved. In 
 cases of inquest held under the provisions of this chapter, the probate 
 judge shall file and preserve all papers left with him, and make such 
 entries upon his docket as, together with the papers so filed, will preserve 
 a perfect record of each case tried by him. (75 v. 64.) 
 
 SECTION 1978. Patient escaping shall be arrested. If a patient 
 escapes from a hospital for the insane, and returns to the county whence 
 he was committed, the sheriff of the county, when notified by the super- 
 intendent, shall forthwith arrest and return him to the hospital. For 
 such service he shall be paid the fees allowed by law for the commitment 
 of insane persons to hospitals, which shall be paid by the steward on cer- 
 tificate of the superintendent. (75 v. 64.) 
 
 SECTION 1979. Bond required when patient discharged at request 
 of friends. If the friends of a patient ask his discharge from the hos- 
 pital, the superintendent may require a bond to be executed to the state 
 in such sum and with such sureties as he deems proper, conditioned for 
 the safe keeping of the patient. No patient charged with or convicted 
 of homicide shall be discharged without the consent of the superintendent 
 and board of trustees. (75 v. 64.) 
 
 SECTION 1980. Prosecuting attorneys shall attend to suit. Prosecut- 
 
 ing attorneys shall attend to all suits instituted on behalf of hospitals for 
 the insane. (75 v. 64.) 
 
 SECTION 1981. Record, fees, costs and expenses in lunacy cases. 
 The probate judge shall make a complete record of all proceedings in 
 lunacy. The costs and expenses to be paid under the provisions of this 
 chapter, in addition to fees and expenses otherwise provided for, shall be 
 as follows: To each of the two physicians designated by the court to 
 make examination and certificate, five dollars in full for all services ren- 
 dered ; to the person, other than the sheriff or his deputies, for taking an 
 Insane person to a state hospital or removing one therefrom upon the 
 warrant of the probate judge, the actual ‘necessary expense incurred, 
 specifically itemized and verified by his oath and approved by the probate 
 judge; to one assistant to convey to the hospital, when authorized by the 
 
 | 
 | 
 | 
 
LAW BULLETIN 143 
 
 probate judge, his actual necessary expense incurred, specifically itemized 
 and verified by his oath and approved by the probate judge. (109 v. 
 175.) 
 
 SECTION 1982. Fees and expenses paid from county treasury. The 
 fees and expenses enumerated in the preceding section, together with ali 
 costs in the probate court, shall be paid from the county treasury upon 
 the certificates of the probate judge. (109 v. 42.) 
 
 SECTION 1983. Definition of terms. The terms “insane” and 
 “lunatic,” as used in this chapter, include every species of insanity or 
 mental derangement; and term “idiot” is restricted to a person foolish 
 from birth, or supposed to be naturally without a mind, a person with a 
 family is one who has a wife and child or either; the words “needy cir- 
 cumstances,’ when applied to a person without a family, means one 
 whose estate, after the payment of his debts, and excluding therefrom 
 such part as is exempt from execution, is worth less in cash than five 
 hundred dollars, and the same words, when applied to a person having a 
 family, mean one whose estate, so estimated, is worth less in cash, after 
 the payment of his debts and the support of his family, for one year, 
 than one thousand dollars. When such words are applied to a married 
 woman, her estate, and that of her husband, shall be so estimated, and 
 the amount shall determine the question whether she is in needy circum- 
 stances or not, within the meaning of this chapter. (75 v. 64.) 
 
 LIMA STATE HOSPITAL 
 (For Ohio Board of Administration read Department of Public 
 Welfare.) 
 SECTION 1984. Name of hospital. The hospital for insane at Lima 
 shall be known as the Lima state hospital. (98 v. 236.) 
 
 SECTION 1985. Who may be admitted. The Lima state hospital shall 
 be used for the custody, care and special treatment of insane persons of 
 the following classes: 
 
 1. Persons who become insane while in the state reformatory or 
 the penitentiary. 
 
 2. Dangerous insane persons in other state hospitals. 
 
 3. Persons accused of crime, but not indicted because of insanity. 
 
 4, Persons indicted, but found to be insane. 
 
 5. Persons acquitted because of insanity. 
 
 6. Persons adjudged to be insane who were previously convicted of 
 crime. 
 
 7. Such other insane persons as may be directed by law. (98 v. 236.) 
 
 See Sections 18577; 138608; 13614; 13679. 
 
 SECTIONS 1986 to 1991 relate to Building Commission. 
 
 SECTION 1992. Admission of inmates during period of construction. 
 Inmates may be admitted to the hospital to such extent as they may be 
 safely and properly kept. Such inmates shall be admitted as hereinafter 
 provided, but preference must first be given to insane criminals. (98 v. 
 237.) 
 
 L B Sig 10 
 
144 DEPARTMENT OF PUBLIC WELFARE 
 
 SECTION 1993. Transfer to Lima state hospital, when. The super- 
 intendent of a state hospital for insane may make application to the Ohio 
 board of administration for an order to transfer to the Lima state hos- 
 pital of any or all inmates thereof that exhibit dangerous or homicidal 
 tendencies, rendering their presence a source of danger to others. The 
 board, upon satisfaction that such order is advisable, may order the 
 transfer of such persons to the Lima state hospital. (103 v. 448.) 
 
 SECTION 1994. Proceedings to make such transfer. In case a 
 patient of another state hospital at any time exhibits such dangerous or 
 homicidal tendencies, the same proceedings may be instituted and had, 
 and he may be transferred to the Lima hospital in the manner herein 
 provided. The expenses of transferring an inmate shall be paid by the 
 hospital from which he is transferred. (98 v. 238.) 
 
 SEcTION 1995. Disposition of insane convict after expiration of 
 sentence. If the insanity of an inmate, serving sentence, in the hospital, 
 continues upon the expiration of his sentence, within five days after the 
 expiration of such sentence, the superintendent shall make application to 
 the probate judge of the county in which the institution is situated for an 
 order to retain such person in the hospital until he is restored to reason 
 and mail a written notice that he made such application to one or more 
 friends or relatives of the inmate, if their address is known. (98 v. 239.) 
 
 SECTION 1996. Examination by probate court. Upon receipt of such 
 application, the probate judge shall notify such alleged insane person, 
 and call two physicians not related by blood or marriage to such person 
 or to the person applying for such certificate and not officially connected 
 with the hospital who has been in actual practice of his profession for at 
 least three years, and also in his discretion call other creditable wit- 
 nesses. If the judge certifies that satisfactory proof of insanity of the 
 person examined has been adduced, he shall direct his retention in such 
 hospital until restored to soundness of mind. The form of commitment 
 shall be substantially that required for the commitment of inmates to 
 other state hospitals. (98 v. 239.) 
 
 SECTION 1997. Powers of court in such examination; expenses. 
 The probate judge in such examination may compel the attendance of 
 witnesses, file certificates of physicians taken under oath and other 
 papers and enter the proper order in his journal. He shall report the 
 result of the proceedings to the auditor of state, who shall audit, and 
 issue his warrant to the treasurer of state for the payment of the ex- 
 penses thereof, from funds appropriated for the prosecution and trans- 
 portation of convicts. (98 v. 239.) 
 
 SECTION 1998. Discharge of inmates not convicts. The superin- 
 tendent may discharge an inmate, not under sentence for crime, who, in 
 his judgment, is recovered, or who has not recovered, but whose condi- 
 tion has improved to such extent that his discharge will not be detri- 
 mental to the public welfare or injurious to him. Before ordering such 
 discharge, the superintendent shall ascertain that some friends will 
 properly care for him at his home. (98 v. 240.) 
 
 SECTION 1999. Expenses for clothing. The clothing of convicts 
 transferred to such hospital from the penitentiary or state reformatory 
 
LAW BULLETIN 145 
 
 and of those held at the hospital because of insanity after expiration of 
 sentence, shall be furnished by the hospital. In all other cases, such 
 clothing shall be furnished in the manner provided for inmates of other 
 state hospitals. (98 v. 240.) 
 
 SECTION 2000. Return of escaped inmates. In case an inmate 
 escapes, the superintendent shall take all proper measures for his ap- 
 prehension, and, for that purpose, may offer a reasonable reward. If at 
 the time of his escape, an inmate is a convict and is retaken, the time 
 between such escape and recapture shall not be computed as part of the 
 term of imprisonment, but he shall remain in the hospital a sufficient 
 length of time after the term of his sentence to equal the period of time 
 he was absent by reason of such escape. (98 v. 240.) 
 
 SECTION 2001. Serving of civil process on inmates. A citation, 
 order or process required by law to be served on an inmate of the Lima 
 hospital shall be served only by the superintendent in charge, who shall 
 make return thereof to the court from which it issued. Such service and 
 return shall have the same force and effect as if made by the sheriff of 
 the county. (98 v. 240.) 
 
 SECTION 2002. Inmates not to execute contracts, etc. No inmate in 
 such hospital may execute a contract, deed or other instrument unless it 
 has been approved and allowed by the court committing him to the hos- 
 pital, by an order entered on the record. A certified copy of such order 
 shall be furnished by the superintendent at the time of the execution of 
 such contract, deed or instrument. (98 v. 241.) 
 
 SECTION 2003. Who shall be committed to the Lima hospital. When 
 in an inquest of lunacy a judge of the probate court finds to be insane a 
 person theretofore convicted of arson, assault, rape, robbery, burglary, 
 homicide, or attempt to commit such acts, he shall commit such person to 
 the Lima state hospital if ready for the reception of inmates, which fact 
 shall be certified to the courts by the governor, and secretary of state. 
 (98 v. 239.) 
 
 See Sections 13577; 13608; 13614; 13679 G. C. 
 
 LONGVIEW HOSPITAL 
 
 (For Ohio Board of Administration read Department of Public 
 Welfare.) 
 
 SECTION 2004. Name; governing officers. Longview hospital shall 
 be governed and conducted by a board of five directors, a superintendent, 
 assistant physicians, steward and other needed officers. (75 v. 93.) 
 
 SECTION 2005. Directors; how appointed; term; vacancy. The 
 directors of Longview hospital must be residents of Hamilton county. 
 Of such directors, two shall be appointed by the governor, with the ad- 
 vice and consent of the senate, one by the judges of the court of common 
 pleas, one by the judge of probate court, and one by the commissioners of 
 Hamilton county. Each year a director shall be appointed and shall hold 
 his office for the term of five years, and until his successor is appointed 
 and qualified. A vacancy in the board caused by death, resignation or 
 otherwise, shall be filled for the unexpired term by appointment by the 
 
146 DEPARTMENT OF PUBLIC WELFARE 
 
 officer or officers who appointed the member whose place has become 
 vacant. (75 v. 93.) 
 
 SECTION 2006. Shall be allowed their necessary expenses. The 
 directors must discharge their duties without compensation, except that 
 they shall be paid for their loss of time and necessary expenses while 
 actually engaged therein, not to exceed two hundred and fifty dollars per 
 annum, which shall be paid from the county treasury, on the allowance 
 of the county commissioners, upon the warrant of the county auditor. 
 
 (75 v. 93.) 
 
 SECTION 2007. Organization; compensation of officers and employes. 
 The directors shall elect a president and a secretary from their own 
 number, appoint a superintendent for the hospital, and on the nomination 
 of such superintendent, a steward, assistant physician, and other neces- 
 sary officers and employes. Subject to the approval of the commissioners 
 of Hamilton county, the directors may fix the salaries and compensation 
 of such appointees. (75 v 98.) 
 
 SECTION 2008. Shall visit the hospital and approve accounts of 
 steward. Each week one or more of the directors shall visit the hospital, 
 and all of them each month. With the superintendent, they . shall 
 monthly, examine the accounts of the steward, and certify their approval, 
 or otherwise, on the same page with his monthly balances. (75 v. 93.) 
 
 SECTION 2009. Shall make record of their proceedings, etc. The 
 directors shall make a record of their proceedings at all meetings, in a 
 book to be kept for that purpose. At their annual meeting they shall 
 make a report to the governor of the condition and wants of the hospital, 
 which must be accompanied by a full and accurate report of the super- 
 intendent, showing the annual cost per capita of the inmates, the per- 
 centage of admissions, discharges, and cures, and a detailed account of 
 moneys received and paid out by the steward. At the same time, they 
 shall transmit a copy of their report and the accompanying documents 
 to the director of public service of the city of Cincinnati, and another to 
 the board of county commissioners of Hamilton county. (75 v. 93.) 
 
 SECTION 2010. Annual meeting, quorum. On the first Tuesday of 
 November, in each year, the directors shall hold their annual meeting at 
 the hospital. Special meetings for the appointment of resident officers, or 
 for the transaction of general business, may be held in a convenient place, 
 upon the written request of the president, or two members of the board 
 made to each of the other directors three days before the time appointed 
 for the meeting, and contain a statement of the object for which the meet- 
 ing is called. Three members of the board shall constitute a quorum for 
 the transaction of business, and no order, resolution, or appointment of 
 the board will be valid, unless concurred in by at least three members, 
 and entered on the record. (75 v. 98.) 
 
 SECTION 2011. Directors may remove officers. The board of direc- 
 tors may remove any resident officer of the institution, except the super- 
 intendent, and may remove him for gross neglect or refusal to discharge 
 the duties devolving upon him, or for incompetency or misconduct, ren- 
 dering it improper for him to remain longer at the head of the hospital. 
 
LAW BULLETIN 147 
 
 It may also direct the discharge of a patient upon the recommendation of 
 the superintendent. (75 v. 93.) 
 
 SECTION 2012. May suspend officer when charges are preferred. 
 When charges are preferred against the superintendent, or other resident 
 officer of the institution, the board of directors immediately may suspend 
 such superintendent, or officer, and proceed to investigate him. The 
 board may compel the attendance of witnesses and the production of books 
 and papers, and the president may administer necessary oaths. The of- 
 ficer so suspended immediately shall deliver up all books, papers, keys, 
 and other property of the hospital in his possession to a person designated 
 by the board. The failure or refusal of the superintendent, or other 
 officer, to comply with such order of the board shall be sufficient cause for 
 his removal. (75 v. 93.) 
 
 SECTION 2013. Superintendent; qualifications; duties. The super- 
 intendent of the hospital shall be a physician of acknowledged skill and 
 ability in his profession. He shall be the chief executive officer of the 
 institution, reside therein, and hold his office for the term of five years, 
 unless removed, as provided in the preceding two sections. He shall have 
 the entire control of the medical, moral, and dietetic treatment of the 
 patients, and see that the resident officers discharge their duties. He 
 shall employ or direct the employment of attendants, nurses, servants, 
 and such other persons as he deems necessary for the efficient and eco- 
 nomical management of the hospital, assign them their places and duties, 
 and may discharge any of them. He may remove or suspend any resident 
 officer or employe, but immediately shall report the fact and his reasons 
 therefor, to the board of directors. (75 v. 93.) 
 
 SECTION 2014. Assistant physicians. The assistant physicians shall 
 have such character and qualifications as to be able to perform medical 
 duties of the superintendent. (75 v. 93.) 
 
 SECTION 2015. Duties of the steward. Under the direction of the 
 superintendent, the steward shall keep the accounts, pay those employed 
 in and about the hospital, and have a personal superintendence of the 
 farm, garden, and grounds, and perform such duties as are assigned him 
 by the superintendent or board of directors. Except sums received from 
 the county treasury on the warrant of the county auditor, he shall pay 
 into the county treasury moneys received by him, from whatever source 
 derived, which shall be credited by the treasurer of the county to the 
 hospital fund. (75 v. 93.) 
 
 SECTION 2016. Bond of steward. The steward shall execute a bond, 
 with two or more sufficient sureties, to be approved by the directors, in 
 the sum of five thousand dollars, conditioned that he will faithfully per- 
 form the duties of his office, and pay over and account for all moneys that 
 come into his hands as such steward. (75 v. 93.) 
 
 SECTION 2017. Further duties of the steward. From time to time, 
 upon the order of a majority of the directors, the county auditor shall 
 issue a warrant upon the county treasurer for the payment of a sum not 
 exceeding two thousand dollars, to meet current expenses. The steward 
 shall keep an accurate account, in detail, in a proper book, open to the 
 inspection of the directors and superintendent, of all sums paid from the 
 
148 DEPARTMENT OF PUBLIC WELFARE 
 
 money so advanced by the treasurer, and shall settle with the superin- 
 tendent and directors, monthly, or oftener if required, and, upon such 
 settlement, shall account for all moneys received by him, a copy of which 
 must be filed with the auditor before another warrant is issued. (75 v. 
 93.) 
 
 SECTION 2018. Qualifications for admission. The hospital shall be 
 open for the admission of insane persons over the age of seven years, 
 having a legal settlement in the county of Hamilton, but no person shall 
 be entitled to admission unless he became insane after acquiring such 
 legal settlement. (75 v. 93.) 
 
 SECTION 2019. Inmates shall be maintained at the expense of the 
 county. Inmates of the hospitals shall be maintained therein at the ex- 
 pense of Hamilton county, but the superintendent shall enter in a book 
 kept for that purpose, the names of patients whose friends desire to con- 
 tribute to their expenses. On the first Monday of each month, he shall 
 make bills against such patients, severally, for the amount due the hos- 
 pital to date, and present them to the steward, who shall collect, and place 
 the money in the county treasury to the credit of the hospital. (75 v. 93.) 
 
 (Under Section 1867 G. C., the State provides for the maintenance 
 of Longview and collections for the support of patients are deposited to 
 the credit of the General Revenue Fund.) 
 
 SECTION 2020. Proceedings to obtain admission. For the admission 
 of inmates into the hospital, the following proceedings must be had: A 
 resident citizen of Hamilton county shall file with the probate judge 
 thereof an affidavit, substantially as follows: 
 The State of Ohio, Hamilton county, ss.: 
 
 The undersigned, a citizen of Hamilton county, Ohio, being sworn, 
 
 BAYS that: he: believes: s2i0a3 cei S eee ee ee ee to be insane, 
 and a fit subject for the Longview hospital; he is a resident of Hamilton 
 county, has a legal settlement in................ township. These facts 
 BPR RRO WH: DY vss ds Sena ae STC cotiyd- heer (naming at 
 
 least two persons.) (75 v. 93.) 
 
 SECTION 2021. Warrant. When such affidavit is filed, the probate 
 judge forthwith shall issue his warrant to the sheriff, or some other suit- 
 able person, commanding him to bring the person alleged to be insane 
 before him, on a day in such warrant named, not more than five days 
 after the affidavit was filed, immediately issue subpoenas to such wit- 
 nesses as are named in the affidavit and a physician designated by the 
 judge, commanding them to appear before him, on the return day of the 
 warrant. If any person disputes the insanity of the person so charged, 
 
 the judge shall also issue subpoenas for such persons as are demanded 
 on his behalf. (75 v. 93.) 
 
 SECTION 2022. Examination. Unless for good cause the investiga- 
 tion is adjourned, at the time appointed, the judge shall proceed to ex- 
 amine the witnesses in attendance. If upon hearing the testimony, he is 
 satisfied that the person so charged is insane, and is included in the class 
 enumerated in this chapter, he shall cause a certificate to be made by the 
 physician, setting forth the name, age, and residence of the patient, with 
 a concise history of the case, medical treatment pursued, supposed cause 
 
LAW BULLETIN 149 
 
 of the disease, and such other information as is deemed useful. (75 v. 
 93.) 
 
 SECTION 2023. How patient taken to hospital. Upon receiving such 
 certificate the probate judge, forthwith shall transmit a copy thereof, and 
 his finding in the case, under his official seal, to a suitable person, giving 
 the relatives of the insane person the preference, who immediately shall 
 take charge of and convey such patient to the hospital, and return there- 
 for to the judge, a receipt of the superintendent to be filed with the other 
 papers in the case. (75 v. 93.) 
 
 SECTION 2024 Proceedings for discharge of patient; form of war- 
 rant, proviso. At any time, an inmate of the institution may be dis- 
 charged therefrom by the superintendent, with the consent of the direc- 
 tors. When an inmate of the hospital is cured, the superintendent shali 
 discharge him forthwith, and may furnish him with suitable clothing 
 and a sum of money not exceeding ten dollars, if deeemed necessary. 
 When pauper idiots and harmless incurable insane persons are dis- 
 charged, the superintendent shall issue his warrant to a suitable person, 
 which warrant must be substantially as follows: 
 
 The State of Ohio, Hamilton county, ss.: 
 
 The proper authority having directed the discharge of A. B., an in- 
 mate of Longview hospital, you are hereby commanded to remove the 
 inmate to the county infirmary. 
 
 Wishessiny hand andcomcial Seal thisss ca. 0s ec sce aaa e's day of 
 
 pes PORT EE ee es A. B., Superintendent. 
 (80 v. 103.) 
 
 SECTION 2025. Execution of warrant. Upon receipt thereof ,the 
 person to whom directed shall forthwith execute such warrant, and the 
 
 superintendent of the county infirmary shall receive the inmate. (80 v. 
 103.) 
 
 SECTION 2026. Return of unmanageable inmate. Should a person 
 so sent to the county infirmary become unmanageable, the superintendent 
 thereof may return him to Longview hospital, upon the approval of the 
 board of infirmary directors. The cost of maintaining the person thus 
 returned, shall be paid from the hospital fund, and not exceed the aver- 
 age cost of maintaining the inmates of the infirmary. All such discharged 
 inmates sent to the hospital from within the corporate limits of the city 
 of Cincinnati shall be sent to, and received by the superintendent of the 
 city infirmary as an inmate. (80 v. 103.) 
 
 SECTION 2027. Papers in case of inquest shall be preserved. 
 In a case of inquest, held under the provisions of this chapter, the pro- 
 bate judge shall file and carefully preserve all papers relating thereto, 
 and make such entries as, together with the papers filed, will preserve a 
 complete record thereof. (75 v. 93.) 
 
 SECTION 2028. Inmates escaping shall be returned. If an inmate 
 escapes from the hospital, the superintendent shall forthwith cause him 
 to be arrested and returned. If an inmate dies, the superintendent shall 
 notify the relatives, if known to him. (75 v. 93.) 
 
150 DEPARTMENT OF PUBLIC WELFARE 
 
 SECTION 2029. Action for debts due the hospital. For all debts due 
 the hospital, an action may be maintained in the name of the county of 
 Hamilton. All money due the hospital, upon the warrant of the county 
 auditor, shall be paid into the county treasury for the use of the institu- 
 tion. The prosecuting attorney of Hamilton county shall attend to suits 
 instituted on behalf of the hospital. (75 v. 93.) 
 
 SECTION 2030. Official seal of the hospital. The superintendent of 
 the hospital shall provide an official seal therefor, upon which shall be 
 the words “Longview Hospital, State of Ohio.” The impression of such 
 seal to a certificate, order, or account, to which the name of the superin- 
 tendent is attached, shall be prima facie evidence that the name is the 
 handwriting and proper signature of the superintendent. (75 v. 93.) 
 
 SECTION 2031. Costs and expenses; how paid. That all costs and 
 expenses under this chapter shall be governed by the provisions of see- 
 tion 1981. (101 v. 359.) 
 
 SECTION 2032. Penalties. If the probate judge, or any other per- 
 son charged with duties under this chapter, neglects, or refuses to dis- 
 charge any of them, he shall forfeit a sum not to exceed fifty dollars, to 
 be recovered for the use, and benefit of the hospital, in a civil action, con- 
 ducted in the name of the county of Hamilton, as in case of a debt due 
 the hospital, or he may be removed from his office in the same manner as 
 for other neglect of duty. (75 v. 93.) 
 
 SECTION 2033. Hospital, how to be supported. The hospital shall be 
 supported, and the salaries of its officers paid, from a sum consisting of 
 moneys which may come into the treasury of the county, from whatever 
 source, applicable to the support of insane persons in the county, and of 
 appropriations, from time to time, made by the state for the support of 
 this hospital, which appropriations shall bear the same proportion to the 
 appropriations for the other hospitals for insane of the state, as the 
 population of Hamilton county bears to the population of the state, ex- 
 clusive of such county, as ascertained by the federal census immediately 
 preceding the making of the appropriation. (See Section 1867 G. C.) 
 (5 v.98; ) 
 
 SECTION 2034. County commissioners levy tax. To aid and support 
 this institution, the commissioners of Hamilton county may levy a tax, 
 not exceeding three-tenths of one mill on the dollar, upon the taxable 
 property of the county. (75 v. 93.) 
 
 SECTION 2034-1. Authority to lease and ultimately purchase Long- 
 view hospital. The Ohio board of administration, in behalf of the state, 
 and the county commissioners of Hamilton county, in behalf of said 
 county, are hereby authorized and empowered to contract for the rental 
 and use, and to provide for the ultimate purchase by the state for a hos- 
 pital for the insane, of the property now owned by Hamilton county and 
 occupied and used as the Longview hospital for the insane and the county 
 infirmary, or so much thereof as in the judgment of the board of admin- 
 istration may be needed, subject to the terms and conditions of this act. 
 (103 v. 754.) 
 
 SECTION 2034-2. Lease and rental limitations. Until an agreement 
 is reached between the Ohio board of administration and the commis- 
 
LAW BULLETIN 151 
 
 sioners of Hamilton county as to the value of the property above described 
 or an award is made as hereinafter provided, the board of administration 
 may lease said property from the county commissioners at a rental not 
 to exceed sixty thousand dollars per annum. Such rental shall be paid 
 from any fund set apart for, and under the control of, the Ohio board of 
 administration on the order of said board and the warrant of the auditor. 
 After an agreement as to value is reached or an award thereof made, the 
 state shall be credited on the first installments of rent thereafter to be 
 paid with any excess paid by the board of administration prior to such 
 agreement or award over the rental fixed thereby. (103 v. 754.) 
 
 SECTION 2034-3. Submission to arbitration on failure of authorities 
 to agree. If the board of administration and county commissioners can- 
 not agree upon a price to be paid and received for said property not to 
 exceed one million five hundred thousand dollars, a board of arbitration 
 and award consisting of three members shall be constituted and ap- 
 pointed as follows: One to be appointed by the Ohio board of adminis- 
 tration; one to be appointed by the board of county commissioners of 
 Hamilton county, and the third to be selected by the first two. On any 
 question arising before such board of arbitration and award the agree- 
 ment of two members shall be final and the act of the board. It shall be 
 the duty of the board of arbitration and award to survey the lands and 
 buildings owned by the county of Hamilton and used for the Longview 
 hospital and the county infirmary, or so much thereof as in the judgment 
 of the board of administration may be needed, and ascertain and de- 
 termine their true value in money and make award thereof, which award 
 shall be certified to the Ohio board of administration and the commis- 
 sioners of Hamilton county. The amount fixed by the board of arbitra- 
 tion and award as the true value of such property shall be the price at 
 which the state may purchase, and four per centum thereof shall be the 
 annual rental to be paid by the state, which rental shall be paid in semi- 
 annual installments. (103 v. 754.) 
 
 SECTION 2034-4. Provision for payment of rental and ultimate pur- 
 chase. The Ohio board of administration shall include in its estimates 
 provision for the payment of such rental and the ultimate purchase of 
 such property. Any money allowed and appropriated by the general 
 assembly for the part payment of the purchase price of such property 
 shall be paid by the treasurer on the warrant of the auditor directly to 
 the commissioners of Hamilton county and by them be credited to the 
 sinking fund of the county. Upon any payment on the principal sum of 
 the value of such property the rental shall be proportionately reduced. 
 (108 v.-755.) 
 
 SECTION 2034-5. Compensation of board of arbitration. The board 
 of arbitration and award shall be paid a reasonable compensation and its 
 expenses, not to exceed two thousand dollars in all, from the funds set 
 apart for the Ohio board of administration, upon the order of said board 
 of administration and the warrant of the auditor. (103 v. 755.) 
 
 SECTION 2034-6. Use of ‘‘The Longview State Hospital.’’ Said 
 property when rented or acquired by the state of Ohio shall be used and 
 maintained as a hospital for the insane to be known as “The Longview 
 State Hospital’ and the Ohio board of administration shall have all the 
 
152 DEPARTMENT OF PUBLIC WELFARE 
 
 powers with respect thereto conferred as to the institutions named in 
 section 1835 of the General Code and by title 5, division 1, chapter 2 of 
 the General Code. (103 v. 755.) 
 
 SECTION 2034-7. When deed shall be made and delivered. Upon 
 payment of the full principal sum of the value of said property, the com- 
 missioners of Hamilton county shall execute and deliver a warranty 
 deed to such property to, in the name of, the state of Ohio. (103 v. 755.) 
 
 OHIO HOSPITAL FOR EPILEPTICS 
 
 (For Ohio Board of Administration read Department of Public 
 Welfare.) 
 
 SECTION 2035. Ohio hospital for epileptics. The asylum for epileptics 
 and epileptic insane, at Gallipolis, shall be known as the Ohio hospital for 
 epileptics, and shall be under the control of the Ohio board of adminis- 
 tration. (103 v. 448.) 
 
 SECTION 2037. Who admissible as inmates; apportionment. Insane 
 persons who are also epileptic, and whose disease has developed during 
 their residence in this state, and epileptics who have been residents of 
 the state for one year next preceding application for admission, shall be 
 admissible as inmates of this institution. The number of inmates shall 
 be apportioned among the counties of the state according to population. 
 (99 v. 37.) 
 
 SECTION 2038. Inmates considered residents of county from which 
 sent. For the purpose of voting, taxation, and all other purposes, per- 
 sons admitted to such institutions shall be deemed residents of the coun- 
 ties from which they are sent, until they are finally discharged. (95 
 Veo ts) 
 
 SECTION 2041. Monthly statement to probate judge. On the fif- 
 teenth day of each month, the manager shall inform the probate judge 
 in each county in the state of the quota of patients to which it is entitled, 
 and the number in the hospital from such county. Such quota shall be so 
 apportioned among the several classes of epileptics as is deemed by the 
 trustees for the best interests of the state. (91 v. 95.) 
 
 SECTION 2042. Separate quota for soldiers’ home. There shall be a 
 separate and distinct quota for the Ohio soldiers’ and sailors’ home, and 
 all patients received from such home, shall be charged to it and not to 
 the county where the home is located. (93 v. 419.) 
 
 SECTION 2044. Insane or dangerous epileptics. In the commitment 
 and conveyance to the hospital, the care and custody while there, and the 
 discharge therefrom, of epileptic insane or epileptics whose being at 
 large is dangerous to the community, like proceedings shall be had, and 
 like powers exercised by officers charged with like duties in the premises 
 as is provided by law for the commitment and care of the insane. (91 
 v. 95.) 
 
 SECTION 2045. Application of epileptics not insane or dangerous. 
 Application for admission to the hospital of an epileptic person, other 
 than insane or dangerous, first shall be made in writing by such person. 
 
LAW BULLETIN 153 
 
 his or her parent, guardian or representative, to the probate court of the 
 county in which the epileptic is a resident. If such epileptic has no 
 parent, guardian or representative, any citizen may make such applica- 
 tion on his behalf. (94 v. 182.) 
 
 SECTION 2046. Hearing. Not more than five days after the applica- 
 tion is filed, on the day fixed by him, the probate judge shall examine and 
 inquire whether the alleged epileptic is a suitable person for admission 
 to the hospital, and for such purpose may subpoena witnesses. He shall 
 subpoena two medical witnesses who have the qualifications mentioned in 
 section 1956, and if necessary may issue his warrant commanding the 
 alleged epileptic be brought before him. If deemed unsuitable to bring 
 him into the probate court, the judge shall personally visit such person, 
 and certify that he has so ascertained his condition by actual inspection. 
 The other proceedings then may be had in the absence of such person. 
 (103 v. 448.) 
 
 SECTION 2047. Conveyance to hospital. Unless for good cause the 
 investigation is postponed, the judge shall proceed with the examination 
 at the time appointed. If satisfied that the person alleged is an epileptic 
 and a suitable person for treatment at the hospital, he shall cause a cer- 
 tificate to be made by the medical witnesses in attendance, upon a form 
 prepared and distributed in the manner described in sections 1956 and 
 1957. The judge shall transmit the application with the accompanying 
 papers, including the certificate of the physician to the manager of the 
 hospital, who shall advise him whether the patient can be received, and 
 at what time. (103 v. 448.) 
 
 SECTION 2048. Conveyance to the hospital. If advised that the 
 patient may be received, the probate judge shall see that the patient is 
 supplied with the proper clothing, and, if not otherwise furnished, he 
 shall furnish such clothing, and take the necessary steps for the convey- 
 ance of the patient to the hospital, as provided in case of admission to 
 other state hospitals. If the judge is satisfied that the patient can travel 
 to the hospital alone, he may issue the warrant for conveyance direct to 
 the patient, and such warrant, receipted, shall be returned by the man- 
 ager through the mail. If the judge deems it proper to intrust the con- 
 veyance of the patient to his parent, guardian, representative or friend, 
 he may issue the warrant to such parent, guardian, representative or 
 friend, instead of the sheriff. (94 v. 183.) 
 
 SECTION 2049. Clothing; travel and incidental expenses. If not 
 paid by themselves or those having them in charge, the expenses of the 
 clothing of the patient shall be paid by the counties, and if furnished by 
 the institution, may be collected from the counties, as provided by gen- 
 eral provisions relating to benevolent institutions. The traveling and 
 incidental expenses of the patient and of the officer or other person or 
 persons in charge of the patient, to and from the institution shall be paid 
 by the counties or as provided by general provisions relating to benevolent 
 institutions. (94 v. 183.) 
 
 SECTION 2050. Fees; transfer from other state hospital. The fees 
 of the probate judge, physician and other officers, witnesses and persons, 
 growing out of the admission of a patient to a hospital, shall be paid to 
 
154 DEPARTMENT OF PUBLIC WELFARE 
 
 the amount, and in the manner as similar fees in the commitment of an 
 insane person to a state hospital. If at any time it is desirable to trans- 
 fer a patient from the state hospital to the hospital for epileptics, such 
 patient may be transferred upon the order of the governor, upon the 
 recommendation of the medical superintendent of the state hospital and 
 the manager of the hospital for epileptics. (For transfer of patients, 
 see section 1841-9.) (94 v. 183.) 
 
 SECTION 2051. Care, control and discharge of patients. The board 
 of trustees may make such rules and regulations respecting the care, 
 custody, discipline and discharge of patients, as they deem best for the 
 interests of the patients and the state. Until properly discharged, all 
 persons admitted to the hospital as patients shall be under the custody 
 and control of the manager. Subject to such regulations as the trustees 
 adopt, the manager may restrain and discipline any patient in such man- 
 ner as he deems best for the welfare of the patient and proper conduct 
 of the institution. (91 v. 97.) 
 
 OHIO STATE SANATORIUM 
 
 (For Ohio Board of Administration read Department of Public 
 Welfare.) 
 
 SECTION 2054. Name and purposes of sanatorium. Such sana- 
 torium shall be known and designated as the Ohio state sanatorium for 
 the treatment of persons residents of this state suffering from incipient 
 pulmonary tuberculosis, commonly called consumption, and shall be an 
 experimental school of instruction for the ultimate purpose of discovering 
 and disseminating throughout the state the best means for the treatment 
 of patients afflicted with tuberculosis. (99 v. 235.) 
 
 SECTION 2055. Admission of patients. The admission of patients to 
 the sanatorium must be limited to those in the incipient stage of the 
 disease, and they shall be apportioned among the several counties of the 
 state in proportion to population as shown by the next preceding federal 
 census, but at all times each county shall be entitled to at least one 
 patient therein. The state board of health shall prescribe how such 
 
 patients may be selected and admitted from the several counties. (99 v. 
 235.) 
 
 SECTION 2056. Deeds of land purchased. The deeds of land pur- 
 chased in pursuance of this chapter shall be executed in the name of the 
 state of Ohio, and recorded in the records of deeds in the county wherein 
 they are situated. (97 v. 560.) 
 
 SECTIONS 2057 to 2059 relate to Building Commission. 
 
 SECTION 2068. Who may be admitted. Any citizen of this state of 
 more than seven years of age, suffering from pulmonary tuberculosis in 
 the incipient or early stage, as determined by the superintendent, may be 
 admitted to the sanatorium upon payment in advance of a sum to be 
 fixed by the superintendent, said sum to be not less than five dollars nor 
 more than twenty-five dollars each week, according to the financial con- 
 dition and ability to pay of the person applying for admittance or any 
 other person legally liable for the care and support of said applicant. 
 
LAW BULLETIN 155 
 
 Said sum, so fixed, shall fully cover all expenses for medical treatment, 
 medicine, nursing, board, lodging and laundry. The superintendent shall 
 make such investigation as is necessary to determine such financial con- 
 dition and ability to pay, and may at any time increase or decrease the 
 amount within the limits herein prescribed upon the approval of the 
 Ohio board of administration. Payment for the support of patients in 
 the sanatorium shall be made in accordance with the provisions of sec- 
 tions 1815-13, 1815-14 and 1815-15 of the General Code. (108 v. Pt. I, 
 611.) 
 
 SECTION 2069. Probation period. All patients admitted to the 
 sanatorium shall be received upon probation for a period of four weeks. 
 If at the end of this time they are, by the superintendent, deemed suitable 
 cases for the sanatorium treatment, they shall be regularly admitted, and 
 if not, be discharged. The superintendent, with the approval of the 
 trustees, may provide suitable out-door employment for patients and al- 
 low such compensation for work done as they deem proper, not to exceed 
 five dollars per week, in any case to be deducted from the weekly charge 
 for residence in the sanatorium. (99 v. 236.) 
 
 SECTION 2070. Out-door labor furnished. The trustees may provide 
 for the production of milk and eggs upon the sanatorium farm, and such 
 vegetables and other products as they deem advisable, having regard, so 
 far as practicable, to furnishing light out-door labor to patients. They 
 may erect buildings, employ labor and make purchases as they deem 
 necessary therefor, within appropriations provided by the legislature for 
 such purposes. (99 v. 237.) 
 
 SECTION 2071. Gifts, legacies, etc. The board of trustees may for 
 the use of such institution receive gifts, legacies, contract endowments, 
 demises and conveyances of property, real or personal, made, given or 
 granted to them for the state sanatorium, or in its name, or in the name 
 of said board. (99 v. 237.) 
 
 SECTION 2072. Monthly reports. For the maintenance of the sana- 
 torium the board of trustees may receive and expend all moneys paid to 
 it by patients for treatment therein, or money received from other 
 sources, but compensation for work done by patients in accordance with 
 this chapter shall be paid from such moneys, if any part thereof is unex- 
 pended. The superintendent shall make monthly reports in detail to the 
 auditor of state of all money received and expended under this provision. 
 
 (99 v. 237.) 
 
 INSTITUTION FOR DEFORMED AND CRIPPLED CHILDREN 
 
 SECTION 2073. Appointment of commission. A commission com- 
 posed of the governor, auditor of state and three persons resident of the 
 state, to be appointed by the governor, not more than three members of 
 which commission shall belong to one political party, is hereby estab- 
 lished, and on behalf of the state is directed to select from lands now 
 owned by the state of Ohio; or, in event no lands suitable for the purpose 
 are available; then, to select and purchase a tract of land, in this state, 
 which tract shall be of such size as the commission deems advisable, and 
 
156 DEPARTMENT OF PUBLIC WELFARE 
 
 which shall be suitable for the location of a state institution, to be known 
 and designated as the Ohio institution for the treatment and education 
 of deformed and crippled children. (107 v. 146.) 
 
 SECTION 2074. Duty of the Commission. The Commission shall adopt 
 plans and specifications, prepare estimates of cost and construction, ac- 
 cept donations, let contracts for and cause to be constructed on such 
 lands the necessary buildings and structures, at a total cost not to exceed 
 the amount appropriated for that purpose, for the medical and surgical 
 treatment and polytechnic and literary education of the indigent crippled 
 and deformed children of the state, under the age of eighteen years. 
 (107 v. 146.) 
 
 SECTION 2075. Equipment and furnishing of building. The com- 
 mission is also directed to purchase and provide all equipments, fixtures, 
 appliances and furnishings for such land, buildings and structures and to 
 make contracts, employ an architect and other agents and employes as it 
 deems proper and neecssary to carry into effect the provisions and pur- 
 poses of this chapter. (98 v. 57.) , 
 
 SECTION 2076. Who may be admitted to the institution. The insti- 
 tution is founded for the purpose of caring for, treating and schooling 
 crippled and deformed children of the state, that they may be aided to 
 live in physical comfort and be self-sustaining citizens rather than life- 
 long charges upon the public. Children admissible to the institution 
 shall be apportioned among the several counties of the state in propor- 
 tion to population as shown by the next preceding federal census, but 
 each county shall be entitled to at least two enrollments therein at all 
 times. (98 v. 57.) 
 
 SECTION 2077. Deeds of land purchased. The deeds of land pur- 
 chased in pursuance of this chapter shall be executed in the name of the 
 state and recorded in the records of deeds in the county wherein they are 
 situated. (98 v. 58.) 
 
 SECTION 2078. Oath of office. Before entering upon the duties of 
 their office the members of the commission appointed by the governor, 
 shall take and subscribe an oath or an affirmation, faithfully to dis- 
 charge all the duties required of them by this chapter. (98 v. 58.) 
 
 SECTION 2079. Expenses of commission. The members of the com- 
 mission shall be allowed their traveling expenses and other necessary 
 expenses incurred in the discharge of their duties. The accounts of ex- 
 penditures, including expenses of the commission, when certified to by 
 the president and secretary thereof shall be audited and allowed by the 
 auditor of state. (98 v. 58.) 
 
 SECTION 2080. Organization of commission. The commission shall 
 organize by electing a president and a secretary who shall be members 
 of the commission. The commissioners may make such rules and regula- 
 tions as they deem proper. A majority of the members shall constitute 
 a quorum for the transaction of business. (98 v. 58.) 
 
 SECTION 2081. Board of trustees, appointments, etc. When the 
 buildings and structures under the provisions of this chapter are so far 
 completed that in the opinion of the commission they properly may be 
 used for the purpose of such institution, with the advice and consent of 
 
LAW BULLETIN 157 
 
 the senate, the governor shall appoint a board of trustees therefor to 
 consist of six members, not more than three of whom shall be of the same 
 political party, for one, two, three, four, five, and six years, respectively, 
 from the date of their appointment. Thereafter one member shall be 
 appointed each year for a term of six years. Vacancies occurring in 
 the board shall be filled in like manner. (98 v. 58.) 
 
 SECTION 2082. Control and management of institution. The con- 
 trol and management of the institution shall be vested in the board of 
 trustees in accordance with the general provisions of law relating to 
 state benevolent institutions, which provisions so far as applicable shall 
 apply to such board. (98 v. 59.) 
 
 CORRECTIONAL INSTITUTIONS 
 
 BOYS’ INDUSTRIAL SCHOOL 
 
 (For Ohio Board of Administration read Department of Public 
 Welfare.) 
 
 SECTION 2083. Boys’ industrial school; commitment; discharge. 
 The boys’ industrial school, situated in the county of Fairfield, shall be 
 maintained for the industrial and intellectual training of those admitted 
 to its care. All youths committed thereto by the courts shall be com- 
 mitted until twenty-one years of age, unless sooner released by the school 
 for satisfactory behavior and progress in training. The power to receive 
 and discharge students and regulate their training and instruction shall 
 be vested exclusively in the controlling administration department and 
 the school shall be subject to such inspection as may be provided by law. 
 (109 v. 523.) 
 
 SECTION 2084. Admission of youths to school. Male youth, not 
 over eighteen nor under ten years of age having normal mental and 
 physical capacity for intellectual and industrial training may be com- 
 mitted to the boys’ industrial school by the juvenile courts upon a finding 
 of delinquency as designated by the laws for juveniles. No youth having 
 a contagious or infectious disease shall be so committed. (109 v. 523.) 
 
 SECTION 2084-1. What youths may be admitted to the boys’ indus- 
 trial training school. Male youth, not over eighteen nor under ten years 
 of age, having normal, mental and physical capacity for intellectual and 
 industrial training may be admitted to the boys’ industrial training school 
 under such regulation governing tuition, maintenance and discipline as 
 the controlling board may provide. Funds collected for the maintenance 
 of youth so admitted shall be turned into the state treasury for the use 
 of the school. (109 v. 524.) 
 
 SECTION 2084-2. Child committed under sole control of school. 
 When a child has been received by the boys’ industrial school under the 
 provisions of this or other chapters on commitment by a juvenile court, 
 or by transfer or assignment by the board, sole control of said child shall 
 be in the school and the power and jurisdiction of the court shall cease. 
 (109 v. 524.) 
 
158 DEPARTMENT OF PUBLIC WELFARE 
 
 SECTION 2085. Admission of convicts to school. Such youths con- 
 victed of a crime or offense, the punishment of which, in whole or part, 
 is confinement in jail or the penitentiary at the discretion of the court 
 giving sentence, instead of being sent to the jail or penitentiary, may be 
 committed to the boys’ industrial school. (88 v. 7.) 
 
 SECTION 2086. May be committed on recommendation of grand 
 jury. Such youth against whom crime is charged before a grand jury, 
 if the charge is supported by sufficient evidence to put him on trial, may 
 be committed by the court to the boys’ industrial school on the recom- 
 mendation of grand jury, without presenting an indictment. (75 v. 60.) 
 
 SECTION 2087. Conveyance to school of sentenced youth. Any 
 youth upon being sentenced to the boys’ industrial school, within five days 
 after such sentence, unless the court giving such sentence shall otherwise 
 order, shall be conveyed to the school by the sheriff of the county in which 
 the conviction was had, or by a suitable person designated by the court 
 giving the sentence, and delivered into the custody of the superintendent 
 of the school, with a statement of the offense for which he was convicted, 
 his age, and a copy of the sentence. (83 v. 201.) 
 
 SECTION 2088. Superintendent may apprentice inmates. The super- 
 intendent shall have the same power to apprentice inmates as the di- 
 rectors of houses of refuge. In case the apprenticeship, the indentures 
 shall be filed at the institution, and no other record thereof is necessary. 
 When he deems it for the benefit of a youth so apprenticed, the superin- 
 tendent may cancel the indentures and reclaim him. (103 v. 879.) 
 
 SECTION 2089. Record officer; appointment and duties. The super- 
 intendent may employ a record officer who shall keep a record containing 
 the names and residences of all the boys who have been inmates of the 
 school, have been placed in private homes or discharged from the school 
 as reformed. Such officer, by correspondence and travel, shall observe 
 and ascertain the conduct of, and, if possible, keep in communication with 
 such boys after leaving the school, assist them to obtain and keep employ- 
 ment, and aid them by counsel and encouragement in leading sober and 
 industrious lives. (103 v. 879.) 
 
 SECTION 2089-1. Chaplain. The superintendent shall appoint a 
 chaplain who shall perform the ordinary duties of such office and such 
 other duties as may be prescribed by the superintendent. (108 v. 880.) 
 
 SECTION 2090. Statistics. By observation and inquiry the record 
 officer shall also collect social statistics bearing on the home environment 
 of the inmates, seek homes and employment for such inmates as are en- 
 titled to release but are detained because of being orphans or homeless. 
 Such officers shall keep and submit from time to time to the board a 
 record of his proceedings. The term of his employment shall be subject 
 to the discretion of the superintendent. (103 v. 880.) 
 
 SECTION 2091. Leave of absence of inmates. The board shall es- 
 tablish rules and regulations under which inmates of the school may be 
 allowed to go upon leave of absence until finally discharged. No inmate 
 shall be given leave of absence, discharged or transferred from the school 
 except upon the written recommendation of the superintendent. The 
 board shall designate the number of field officers who may be employed to 
 
LAW BULLETIN 159 
 
 establish proper supervision over inmates on leave of absence. (109 v. 
 524.) 
 
 SECTION 2092. Paroled inmates may be retaken. The superin- 
 tendent shall enforce such rules and regulations, and retake any inmate 
 so upon parole. The written order certified by the superintendent shall be 
 sufficient warrant for any officer named therein to arrest and return such 
 inmate to the school. An officer named in the order shall be under duty 
 to arrest and return to the school any paroled inmate named therein. 
 (103 v. 880.) 
 
 SECTION 2098. Repealed. (108 v. Pt. II, 1221.) 
 
 SECTION 2094. Education of inmates. The inmates of the school 
 shall receive such education, and be instructed in such branches of in- 
 dustry, agricultural or mechanical, or otherwise, as the board determines, 
 their reformation and preparation for usefulness being kept in view in 
 the administration of the institution. For this purpose the board may 
 introduce and carry on any branches of industry that are thought to be 
 conductive to these ends. (83 v. 7.) 
 
 SECTION 2095. Power of board as to juvenile offenders. The board 
 may cause any juvenile offender, confined in the penitentiary, or a house 
 of refuge, or sentenced to the penitentiary, to be transferred to the boys’ 
 industrial school, the expense of which shall be paid by the state. While 
 at such school, a person so removed or sentenced to the penitentiary, shall 
 be governed by the same rules and regulations relative to deportment and 
 discharge as other persons committed to such institutions. The board 
 may also remand or transfer to the penitentiary offenders sentenced 
 thereto, and so transferred, to serve out that part of their respective 
 sentences remaining unexucted at the time of such transfer. (103 v. 880.) 
 
 SECTION 2096. Transfer of inmates to Ohio state reformatory. 
 Upon the written application of the superintendent of the school the 
 board may transfer to the Ohio state reformatory any inmate of the 
 school, who at the time of transfer is more than sixteen years of age. A 
 person so transferred shall be received by the superintendent of the re- 
 formatory, and be governed by its rules and regulations as if he had been 
 committed thereto upon his conviction. (103 v. 880.) 
 
 SECTION 2097. Officers shall work with inmates. The subordinate 
 officers and employes of the school shall participate in the manual labor 
 and other exercises of the inmates. (75 v. 60.) 
 
 SECTION 2099. Superintendent may sell power; proceeds. The 
 superintendent of the school by contract may sell power from the power 
 plant in the institution, and the proceeds therefrom may be used for the 
 purposes of the institution. (103 v. 881.) 
 
 SECTION 2100. School made special road district. The boys’ in- 
 dustrial school, with the lands thereto attached, shall be a special road 
 district, and the superintendent is vested with all the powers of a road 
 superintendent therein. He may alter the public roads on such lands in 
 any manner found to be necessary for the general plan and outline 
 thereof. No atleration shall be made by which existing roads will be 
 greatly lengthened, their grade materially increased, or their general use 
 L B Sig 11 
 
160 DEPARTMENT OF PUBLIC WELFARE 
 
 to the public materially impaired. Before being made, such alterations 
 must be approved by the commissioners of the county of Fairfield. (83 
 v. 6.) 
 
 GIRLS’ INDUSTRIAL SCHOOL 
 
 (For Ohio Board of Administration read Department of Public 
 Welfare.) 
 
 SECTION 2101. Object of the school. The girls’ industrial schoo] 
 shall be for the instruction, employment and reformation of evil-disposed, 
 incorrigible, and vicious girls. (103 v. 881.) 
 
 SECTION 2101-1. Appointment of chief matron. The Ohio board of 
 administration shall appoint a chief matron who shall perform such duties 
 as may be assigned to her by the Ohio board of administration relative to 
 said institution. (1038 v. 881.) 
 
 SECTION 2102. Duties. The chief matron shall direct the general 
 management of the farm, relating to its mechanical, architectural and 
 horticultural productions, and for this purpose may employ suitable 
 persons to superintend the different producing interests prosecuted 
 thereon. The chief matron shall cause the accounts of the institution 
 to be so kept that the profit over the expenses of maintaining the school 
 can be ascertained. When so ascertained, the chief matron shall fund 
 such annual profits for distribution among the girls, in shares, to be paid 
 them pro rata, when honorably discharged from the institution. She 
 shall see also that the productions not needed by the institution are sold 
 to the best advantage. The value of all productions, used or sold shall 
 be duly accounted for in the annual report. (103 v. 881.) 
 
 SECTION 2103. General charge of girls. With such subordinate of- 
 ficers as the chief matron shall appoint, the chief matron shall have the 
 general charge and custody of the girls. She shall be a constant resident 
 at the school, and under the direction of the Ohio board of administration, 
 shall discipline, govern, instruct, employ, and use her best endeavors to 
 reform the girls in such manner as, while preserving their health and 
 promoting the proper development of their physical system, will secure, 
 as far as possible, the formation of moral and industrial habits, and 
 regular thorough progress and improvement in their studies, trades and 
 employments. (103 v. 881.) 
 
 SECTION 2103-2. Woman physician for school. Subject to the ap- 
 proval of the board, the chief matron of the girls’ industrial school shal! 
 appoint a capable and experienced woman physician who shall reside at 
 the school. She shall give the necessary medical attention to the inmates 
 and also have charge of their instruction in physiology, hygiene and 
 physical culture. The board shall fix the salary, which shall not be less 
 than twelve hundred nor more than eighteen hundred dollars per year. 
 (103 v. 881.) 
 
 SECTION 2105. Further duties of matron. The chief matron shall 
 have charge of the property pertaining to the school, within the precincts 
 thereof, and in suitable books keep complete accounts of her receipts and 
 expenditures, and of all property entrusted to her, showing the income 
 
LAW BULLETIN 161 
 
 and expenses of the institution. She also must account to the treasurer 
 in such manner as the board requires, for all moneys received by her. 
 Her books, accounts and documents, relating to the school, shall at ali 
 times be open to inspection of the board. She shall keep a card system 
 containing the names and age of each girl, and, as far as possible, the 
 circumstances connected with her history prior to the time of admission 
 to the school, and add thereto such facts as come to her knowledge relat- 
 ing to her history while at the institution, and after leaving it. (103 v. 
 881.) 
 
 SECTION 2106. Technical industrial school. In addition to the 
 school for instruction, the board shall institute and maintain, at such 
 school a technical industrial school in which the inmates shall be taught 
 the various lines of manual skill of such character as to prepare them to 
 perform the skilled labor required to fit them for self-support when re- 
 leased therefrom. Such school shall be maintained at least ten months 
 each year, and be under the direction and management of a competent 
 principal and a trained corps of teachers. The principal must be a grad- 
 uate of Pratt’s institute or some technical and industrial school, or col- 
 lege, of equal rank and standing, and be versed in the principals of 
 manual, industrial and technical training. (103 v. 882.) 
 
 SECTION 2111. Board may transfer female convict to the school. 
 A girl under the age of eighteen years sentenced to imprisonment in 
 the penitentiary, county jail or other penal institution, at any time after 
 such sentence and before the expiration thereof, may be transferred to 
 th girls’ industrial school, on the written order of the Ohio board of 
 administration, to serve the unexpired part of the sentence. Such trans- 
 fer shall be made, if it shall be made, to appear that it will be conducive 
 to her reformation, and not prejudicial to the school. The chief matron 
 of the school shall receive such girls so transferred, and if she finds at 
 any time that the best interest of the school requires a return of such 
 girl to the penal institution from which she came, she may so recom- 
 mend to the board, which is empowered to order the return of such girl. 
 (103 v. 882.) 
 
 SECTION 2112. Detention and discharge. A girl, duly committed to 
 the school shall be kept there, disciplined, instructed, employed and gov- 
 erned under the direction of the board, until she is either thought to be 
 reformed or discharged, or bound out by the chief matron according to 
 the by-laws of the institution, or has attained the age of twenty-one 
 years. Provided that the board may discharge a girl as a reward of 
 merit three months before she attains the age of twenty-one years. With 
 the approval of the governor, after a full statement of the cause, the 
 board may discharge and return to the parents, guardian, or juvenile 
 court of the county from which she was committed who may place her 
 under the care of the infirmary superintendent of the county, any girl 
 whom the board thinks ought to be removed from the school. In such 
 ease it shall enter upon its record the reason for her discharge, a copy 
 of which, signed by the secretary, shall be forthwith transmitted to the 
 juvenile court of the county from which the girl was committed. (103 
 v. 882.) 
 
162 DEPARTMENT OF PUBLIC WELFARE 
 
 SECTION 2112-1. Paroles. That the Ohio board of administration 
 shall establish rules and regulations under which the inmates of the girls’ 
 industrial school may be conditionally released upon parole in legal cus- 
 tody and under the control of the chief matron and be subject at any time 
 to be returned to the institution. No inmate shall be paroled except upon 
 the written recommendation of the chief matron, or a member of the 
 board, nor unless the board is of the opinion that there is a reasonable 
 ground to believe that she will conduct herself in a lawful and proper 
 manner while at liberty, and that her parole will not be incompatible 
 with the welfare of society. (103 v. 888.) 
 
 SECTION 2112-2. Return of inmate. The chief matron shall enforce 
 such rules and regulations and return any inmate so on parole. Her 
 written order shall be sufficient warrant for any officer to arrest and re- 
 turn such inmate to the school. It shall be the duty of any officer to 
 arrest and return to the girls’ industrial school any paroled inmate upon 
 such order of the chief matron. (103 v. 883.) 
 
 SECTION 2112-3. Parole officers. To carry out the purpose of this 
 act the chief matron, with the consent of the board, shall appoint not less 
 than four discreet women, who shall be under the direction and control 
 of the chief matron, to act as parole officers. The salaries and expenses 
 shall be paid as provided in section 2215 of the General Code. It shall 
 be their duty to seek homes and employment for inmates who may be 
 paroled, and to exercise a kindly supervision while upon parole. They 
 shall also investigate the qualifications and ability of parents and other 
 persons who seek to receive paroled or discharged inmates into their 
 homes. (103 v. 883.) 
 
 SECTION 2112-4. Deposit of one-third of earnings. When an inmate 
 of the girls’ industrial school is paroled or indentured under contract of 
 employment, it shall be lawful for the board to require that not more than 
 one-third of the consideration named in the contract of employment shall 
 be paid monthly to the chief matron, and by her deposited in a savings 
 bank, to be held in trust for such inmate, and with any interest thereon 
 to be paid to her upon final discharge. (103 v. 883.) 
 
 SECTION 2113. Return after discharge. When the best interest de- 
 mands it with the approval of the full board, the chief matron may re- 
 ceive back into the school any girl under twenty-one years of age, who 
 has been discharged therefrom. (103 v. 883.) 
 
 SECTION 2114, Return after escape. An inmate of the girls’ in- 
 dustrial school who escapes therefrom, if captured before the expiration 
 of the time for which she was committed, may be returned to the school 
 by the chief matron and at her option, there be kept for a period not to 
 exceed one year in addition to the time for which she was committed. 
 (103 v. 883.) 
 
 SECTION 2115. Proceedings when girl under eighteen. When a girl 
 between nine and eighteen years of age is brought before a court of crim- 
 inal jurisdiction charged with an offense, punishable by a fine or impris- 
 onment other than imprisonment for life and who, if found guilty, would 
 be a proper subject for commitment to the school, the court, by warrant 
 or order, shall cause her forthwith to be taken before the judge of the 
 
LAW BULLETIN 163 
 
 juvenile court of the proper county, and shall transmit to him the com- 
 plaint, indictment, or warrant, by virtue of which she was arrested. 
 Such judge of the juvenile court shall proceed in the same manner as if 
 she had been brought before him upon original complaint. (103 v. 883.) 
 
 SECTION 2116. Girls may be apprenticed. The chief matron may 
 bind out, as an apprentice or servant, any girl committed to her charge, 
 for a term not longer than until she arrives at the age of twenty-one 
 years. The person to whom the girl is bound, by the terms of the in- 
 denture, shall be required to report to the chief matron as often as once 
 each month, her conduct and behavior, and whether she is living under 
 his care, and if not, where she is. (103 v. 884.) 
 
 SECTION 2117. Transfer of indenture not permitted. A person re- 
 ceiving an apprentice under the provisions of the preceding section shall 
 not assign or transfer the indenture of apprenticeship, nor let out her 
 service without the consent in writing of the chief matron. If the per- 
 son, for any cause, desires to be relieved from the contract, the chief 
 matron, upon application, may cancel the indenture and resume the charge 
 and management of the girl, with the same authority over her as before 
 the indenture was made. (108 v. 884.) 
 
 SECTION 2118. Ill-treatment of indentured. If such person is guilty 
 of cruelty or ill-treatment toward the girl so bound to service, or of any 
 violation of the terms of the indenture, she or the chief matron may 
 make complaint to the juvenile judge of the proper county, who shall 
 summon the proper parties before him, and examine into the complaint. 
 If it appears to be well founded, by certificate he shall discharge her 
 from all obligation of future service, and restore her to the school. (103 
 v. 884.) 
 
 SECTION 2119. Chief matron shall be guardian. The chief matron 
 shall be the guardian of each girl so bound or held to service, shall take 
 care that the terms of the contract are faithfully fulfilled, that she is 
 properly treated, and shall cause any grievance to be redressed. (103 
 v. 884.) 
 
 SECTION 2119-1. Penalty for influencing girl to leave home. Who- 
 ever by letter or otherwise, influences or attempts to influence any girl 
 while on parole from the girls’ industrial school to leave her- home or 
 place of employment or to violate any of the conditions of her parole, 
 shall upon conviction be fined not less than ten dollars ($10.00) and not 
 more than five hundred dollars ($500.00), or imprisoned for not more than 
 one year, or both. (103 v. 884.) 
 
 PENAL INSTITUTIONS 
 
 OHIO STATE REFORMATORY 
 
 (For Ohio Board of Administration read Department of Public 
 Welfare.) 
 
 SECTION 2129. Appointment, duties and salary of chaplain. The 
 superintendent shall appoint a chaplain, who shall perform the ordinary 
 duties of such office and such other duties as are prescribed by the board. 
 
164 DEPARTMENT OF PUBLIC WELFARE 
 
 In connection with the superintendent, he shall make special observa. 
 tion and report of the conduct, moral character and standing of the pris- 
 oners, and their eligibility for parole. He shall receive a salary to be 
 fixed by the Ohio board of administration, and the superintendent shall 
 assign him suitable rooms in the reformatory and necessary furniture, 
 fuel and provisions for himself and family. He shall devote his entire 
 time to the duties of his office. (103 v. 884.) 
 
 SEcTION 2130. Labor on buildings, etc., by inmates. The labor 
 necessary for the construction of shops and other buildings and the re- 
 pair thereof, and for the enclosure and care of the grounds of the 
 reformatory shall be performed by the inmates as far as practicable. 
 (88 v. 384.) 
 
 SECTION 2131. Who may be sentenced to reformatory. The super- 
 intendent shall receive all male criminals between the ages of sixteen 
 and thirty years sentenced to the reformatory, if they are not known to 
 have been previously sentenced to a state prison. Male persons between 
 the ages of sixteen and twenty-one years convicted of felony shall be 
 sentenced to the reformatory instead of the penitentiary. Such persons 
 between the ages of twenty-one and thirty years may be sentenced to the 
 reformatory if the court passing sentence deems them amenable to re- 
 formatory methods. No person convicted of murder in the first or second 
 degree shall be sentenced or transferred to the reformatory. (103 v. 885.) 
 
 SECTION 2132. Sentences must be general. Courts imposing sen- 
 tences to the Ohio state reformatory shall make them general, and not 
 fixed or limited in their duration. The return of imprisonment of pris- 
 oners shall be terminated by the Ohio board of administration, as author- 
 ized by this chapter, but the term of such imprisonment shall not exceed 
 the maximum term, nor be less than the minimum term provided by law 
 for such felony. (103 v. 885.) 
 
 SECTION 2133. Erroneous sentence. If, through oversight or other- 
 wise, a sentence to the reformatory should be for a definite period, it 
 shall not for that reason be void, but the person so sentenced shall receive 
 the benefits and be subject to the liabilities, of this chapter, as if he had 
 been sentenced in the manner required by law. In such case the Ohio 
 board of administration shall deliver to such person a copy of this chap- 
 ter and written information of his relations to them. (108 v. 885.) 
 
 SECTION 2134. Sheriff’s duties after conviction and_ sentence. 
 Within five days after a person is sentenced to the reformatory unless 
 the execution of such sentence be suspended, he shall be conveyed thereto 
 by the sheriff of the county in which he was convicted, and delivered into 
 the custody of the superintendent thereof there to be safely kept until 
 released by the Ohio board of administration or pardoned by the gov- 
 ernor. The sheriff shall also leave a copy of the sentence of the court 
 with such superintendent. If the execution of a sentence is suspended 
 and the judgment is afterwards affirmed, the defendant shall be conveyed 
 to the reformatory within five days thereafter. In transporting a pris- 
 oner to the reformatory, the sheriff shall perform like duties, have like 
 powers and receive like compensation as provided by law for transport- 
 ing prisoners to the penitentiary. (103 v. 885.) 
 
LAW BULLETIN 165 
 
 SECTION 2135. Control and record of prisoners. The Ohio board of 
 administration shall maintain such control over prisoners committed to 
 its custody as may prevent them from committing crime, secure their self- 
 support and accomplish their reformation. When a prisoner is received 
 the superintendent shall cause to be entered in a register the date of his 
 admission, his name, age, nativity and nationality, with such facts as can 
 be ascertained of his parentage, early education and social influences 
 which indicate the constitutional defects and tendencies of the prisoner 
 and the best probable plan of treatment. Upon such register shall be 
 entered quarterly, or oftener, minutes of observed improvement or de- 
 terioration of character and notes as to methods and treatment employed. 
 All orders or alterations affecting the standing or situation of the pris- 
 oner, the circumstances of his final release and subsequent facts of his 
 personal history which may be brought to the knowledge of the superin- 
 tendent shall also be entered therein. (103 v. 885.) 
 
 SECTION 2136. Discipline. The discipline to be observed in the 
 institution shall be reformatory and the Ohio board of administration 
 shall employ such means for reformation or improvement as may be 
 expedient. (103 v. 886.) 
 
 SECTION 2137. Industrial training schools. The superintendent, 
 with the authority and under the direction of the Ohio board of adminis- 
 tration, may expend not to exceed fifty per cent. of the gross earnings of 
 the inmates for the equipment and maintenance of industrial training 
 schools. Such schools shall be conducted so that the inmates shall be 
 taught and trained in various arts of such character as to enable them to 
 perform the skilled labor required at the reformatory, and fit them for 
 self-support when released therefrom. The superintendent shall make 
 detailed monthly reports to the auditor of state of all money received and 
 expended under the provisions of this section. (103 v. 886.) 
 
 SECTION 2138. Earnings. of prisoners. The superintendent shall 
 place to the credit of each prisoner such amount of his earnings as the 
 Ohio board of administration deems equitable and just, taking in consid- 
 eration the character of the prisoner, the nature of the crime for which 
 he was imprisoned and his general deportment. Such credit shall not 
 exceed twenty per cent. of his earnings and shall be paid to him or his 
 family at such time or in such manner as the board directs, but not less 
 than twenty-five per cent. shall be left for and paid to such prisoner when 
 he is restored to his citizenship. The superintendent, with the approval 
 of the board, for violation of the rules, want of propriety or other mis- 
 conduct, may cancel such portion of such credit as he deems proper. 
 (103 v. 886.) 
 
 SECTION 2139. Transfer of prisoners from penitentiary and boys’ 
 industrial school. The Ohio board of administration may receive and 
 detain during the term of their sentences to the penitentiary, prisoners 
 transferred therefrom. The law applicable to convicts in the penitentiary, 
 so far as they relate to the commutation of imprisonment for good con- 
 duct, shall be applicable to such convicts when so transferred. The board 
 may transfer to the reformatory from the boys’ industrial school inmates 
 of an apparently incorrigible nature whose presence in the school appears 
 to be detrimental to the welfare of the institution. (103 v. 886.) 
 
166 DEPARTMENT OF PUBLIC WELFARE 
 
 SECTION 2140. Transfer of prisoners to Ohio penitentiary. The 
 Ohio board of administration, with the written consent of the governor, 
 may transfer to the penitentiary a prisoner, who, subsequent to his com- 
 mittal, shall be shown to have been more than thirty years of age at the 
 time of his conviction or to have been previously convicted of crime. The 
 Ohio board of administration may so transfer an apparently incorrigible 
 prisoner whose presence in the reformatory appears to be seriously detri- 
 mental to the well-being of the institution. (103 v. 886.) 
 
 SECTION 2141. Parole of prisoners. The Ohio board of administra- 
 tion shall establish rules and regulations under which prisoners may be 
 allowed to go upon parole in legal custody, under the control of the Ohio 
 board of administration and subject to be taken back into the enclosure 
 of the reformatory. A prisoner shall not be eligible to parole, and an 
 application for parole shall not be considered by the board until such 
 prisoner has been recommended as worthy of such consideration by the 
 superintendent and chaplain of the reformatory. (See sections 86 to 92.) 
 (103 v. 887.) 
 
 SECTION 2142. Notice; action of board. Before consideration by 
 the Ohio board of administration notice of such recommendation shall be 
 published for three consecutive weeks in two newspapers of opposite 
 politics in the county from which the prisoner is sentenced, or in the 
 county of the residence of the prisoner. The expense of such publication 
 shall not exceed one dollar for each paper. A prisoner shall not be re- 
 leased upon parole unless, in the judgment of the board, there is reason- 
 able ground to believe that, if so released, he will be and remain at liberty 
 without violating the law, and that such release is not incompatible with 
 the welfare of society. Such judgment shall be based upon the record and 
 character of the prisoner in the reformatory, his previous record, the 
 nature and character of the crime committed and other facts which the 
 board may be able to obtain bearing upon the advisability of such parole. 
 A prisoner shall not be paroled without receiving the votes of all the 
 members of the board present at a regular or special meeting, and when 
 a prisoner so paroled, has during such parole performed all the condi- 
 tions imposed, the Ohio board of administration may finally release and 
 
 discharge him. (See sections 86 to 92, Ohio Board of Clemency.) (108 
 v. 887.) 
 
 SECTION 2143. No petition or outside influences permitted. A 
 petition or application for the release of a prisoner shall not be enter- 
 tained by the Ohio board of administration, and no attorney or other per- 
 son shall appear before the board as applicant for the parole of a pris- 
 oner. The board may make such inquiries as is advisable as to the 
 previous history or environment of such prisoner or his probable sur- 
 roundings if paroled. Such inquiries shall be instituted by the board 
 itself and all information thus received shall be confidential. (See sec- 
 tions 86 to 92, Ohio Board of Clemency.) (1038 v. 887.) 
 
 SECTION 2144. Return of paroled prisoners. The superintendent 
 shall enforce the rules and regulations relating to paroles, and may 
 retake and reimprison a prisoner upon parole. His written order shall 
 be sufficient warrant for officers named therein to arrest and return to 
 
LAW BULLETIN 167 
 
 actual custody a conditionally released or paroled prisoner. If the 
 paroled prisoner is in the custody of an officer of the law, either under 
 an order of arrest or by virtue of a conviction and sentence for a crime 
 other than murder in the first degree, manslaughter, rape or arson, such 
 order shall be a sufficient warrant to take such paroled prisoner into the 
 custody of an officer of the reformatory. The officers named in such order 
 shall arrest and return to custody a conditionally released or paroled pris- 
 oner. The Ohio board of administration may make rules and regulations 
 necessary and proper for the employment, discipline, instruction, educa- 
 tion, removal, temporary or conditional release and return of prisoners of 
 the reformatory. (103 v. 887.) 
 
 SECTION 2145. System of credits. The Ohio board of administra- 
 tion, under a system of marks or otherwise, shall make a uniform plan 
 to determine what number of marks or credits shall be earned by each 
 prisoner with a view to increased privileges, or to release from its con 
 trol. Such plans shall be subject to revision. Each prisoner shall be 
 credited for good personal demeanor, diligence in labor or study, and re- 
 sults accomplished, and debited for derelictions, negligence or offenses. 
 The superintendent shall establish rules and regulations by which each 
 prisoner’s account of marks shall be made known to him as often as once 
 a month, and make provision by which a prisoner may see and converse 
 with one or more of the officers of the institution during each month. 
 (103 v. 888.) 
 
 SECTION 2146. Release of prisoners. When there is a reasonable 
 probability that a prisoner’s release or parole will not be incompatible 
 with the welfare of society, the Ohio board of administration may grant 
 an absolute release to such prisoner, certifying the fact of such release 
 and the grounds thereof to the governor, who may thereupon restore such 
 prisoner to citizenship. Nothing herein contained shall impair the power 
 of the governor to grant a pardon or commutation in any case. (103 v. 
 888.) 
 
 SECTION 2147. Recommendation for pardon. The Ohio board of 
 administration may recommend that a prisoner be pardoned, without the 
 intervention of the state board of pardons. Such recommendation shall 
 require the votes of all the members of the board present at a regular 
 or special meeting and such pardon shall first be recommended by the 
 superintendent and chaplain of the reformatory. (103 v. 888.) 
 
 OHIO REFORMATORY FOR WOMEN 
 
 (For Ohio Board of Administration read Department of Public 
 Welfare.) 
 
 SECTION 2148-1. Who shall be admitted. The Ohio reformatory for 
 women shall be used for the detention of all females over sixteen years 
 of age, convicted of a felony, misdemeanor, or delinquency as hereinafter 
 provided, and for the detention of such female prisoners as shall be 
 transferred thereto from the Ohio penitentiary and the girls’ industrial 
 school as hereinafter provided. (106 v. 130.) 
 
168 DEPARTMENT OF PUBLIC WELFARE 
 
 SECTION 2148-2. Control and management. The Ohio board of ad- 
 ministration shall assume the control and management of the reforma- 
 tory. It shall assume all the duties, powers and privileges of the site 
 and building commission as set forth in sections 3, 4, 5 and 7 of an act 
 entitled “An act to establish a reformatory for women and to provide for 
 the management thereof,” passed May 15, 1911. It shall faithfully exe- 
 cute any contracts heretofore made by such site and building commission, 
 and no such contract shall be considered null and void or in any way im- 
 paired because of this act. The general laws relating to state institu- 
 tions shall govern said board in so far as applicable, except as herein 
 provided. (106 v. 1380.) 
 
 SECTION 2148-4. Selection of superintendent and other employes. 
 The board shall select and designate a suitable woman as superintendent 
 to manage the institution and promote the welfare of the inmates thereof. 
 The selection of other employes shall be after the manner described in 
 section 1842 of the General Code, except that as far as practicable the 
 employes shall be women. (106 v. 130.) 
 
 SECTION 2148-5. Proclamation by governor when ready for use. 
 As soon as the governor shall be satisfied that suitable buildings have 
 been erected and are ready for use and for the reception of women con- 
 victed of felony he shall issue a proclamation to that effect, attested by 
 the secretary of state, and the secretary of state shall furnish printed 
 copies of such proclamation to the county clerks of courts and from the 
 date of said proclamation all portions of this act except those relating 
 to the commitment of misdemeanants and delinquents shall be in full force 
 and effect. Whenever additional buildings have been completed so as to 
 care for misdemeanants and delinquents a proclamation shall be issued 
 and published in the same manner and copies furnished to county clerks 
 of courts and to all judges and magistrates having authority to sentence 
 misdemeanants and delinquents and from and after the date of this pro- 
 clamation all portions of this act relating to the commitment of persons 
 to said reformatory shall be in full force and effect. 
 
 All female persons convicted of felony, except murder in the first 
 degree without the benefit of recommendation of mercy, shall be sen- 
 tenced to the Ohio reformatory for women in the same manner as male 
 persons are now sentenced to the Ohio state reformatory. And in so 
 far as applicable, the laws relating to the management of the Ohio state 
 reformatory and the control and management thereof, shall apply to the 
 Ohio reformatory for women. (106 v. 130.) 
 
 SECTION 2148-6. Females over sixteen guilty of misdemeanor. 
 Female persons over sixteen years of age found quilty of misdemeanor 
 by any court of this state shall be sentenced to the Ohio reformatory for 
 women and be subject to the control of the Ohio board of administra- 
 tion, but all such persons shall be eligible to parole under the provisions 
 of this act. (103 v. 671.) 
 
 SECTION 2148-7. When sentence of females to other institutions 
 unlawful. After the issuance of the first proclamation hereinbefore re- 
 ferred to, it shall be unlawful to sentence any female convicted of a 
 felony to be confined in either the Ohio penitentiary or a jail, workhouse, 
 
LAW BULLETIN 169 
 
 house of correction or other correctional or penal institution, and after 
 the issuance of the second proclamation it shall be unlawful to sentence 
 any female convicted of a misdemeanor or delinquency to be confined in 
 auy such place, except in both cases the reformatory herein provided for, 
 the girls’ industrial school or other institution for juvenile delinquency, 
 unless such person is over sixteen years of age and has been sentenced 
 for less than thirty days, or is remanded to jail in default of payment of 
 either fine or costs or both, which will cause imprisonment for less than 
 thirty days, provided that this section shall not apply to imprisonment 
 for contempt of court. (106 v. 131.) 
 
 SECTION 2148-8. Transfer from Ohio penitentiary; and girls’ in- 
 dustrial school. Upon the issuance of the proclamation hereinbefore 
 provided for relating to felons the governor shall issue an order to the 
 warden of the Ohio penitentiary to convey and deliver to the Ohio re- 
 formatory for women all females in his legal custody, except any one who 
 may be convicted of murder in the first degree, without recommendation 
 for mercy, and at the same time, said warden shall deliver to the super- 
 intendent of said reformatory all papers relating to the commitment of 
 said females. All females so transferred from the Ohio penitentiary to 
 said reformatory shall be entitled to the same legal rights and privileges 
 as to term of sentence, diminution of sentence and parole as if confined 
 in the Ohio penitentiary, and the warden of the Ohio penitentiary shall 
 also furnish complete information concerning all females on parole, and 
 such paroled prisoners shall thereupon be transferred to the legal cus- 
 tody of the superintendent and be under the control of the Ohio board of 
 administration. 
 
 Upon the written order of the Ohio board of administration, any 
 inmate of the girls’ industrial school, over fourteen years of age, may be 
 transferred to the Ohio reformatory for women, when such inmate ap- 
 pears to be incorrigible, or whose presence in the girls’ industrial school 
 seems to be seriously detrimental to the well being of the institution; and 
 such transferred persons shall be entitled to the same privileges, relating 
 to discharge and condition of parole as they possessed when inmates of the 
 girls’ industrial school. (106 v. 131.) 
 
 SECTION 2148-9. Suspension of sentence. Sentence and term of im- 
 prisonment. All provisions of law relating to suspension of sentences of 
 persons sentenced to confinement in the Ohio penitentiary and the Ohio 
 state reformatory shall be applicable to persons sentenced to the Ohio 
 reformatory for women. 
 
 Courts imposing sentences to the Ohio reformatory for women shall 
 make them general, and not fixed or limited in their duration. The term 
 of imprisonment of persons shall be terminated by the Ohio board of 
 administration as authorized by this act, but the term of such imprison- 
 ment for felony shall not exceed the maximum term nor be less than the 
 minimum term provided by law for the crime for which such person is 
 sentenced. In case of commitments for misdemeanor or delinquency the 
 term of such imprisonment shall not be more than three years, but such 
 person shall be eligible for parole as follows: Persons committed for the 
 first time, after imprisonment for two months; for second time, after 
 four months; for third or greater time, after six months; and provided 
 
170 DEPARTMENT OF PUBLIC WELFARE 
 
 that they shall be continued upon parole for at least one year before 
 receiving final discharge. 
 
 Sentence for definite period not void. If, through oversight or 
 otherwise, a sentence to said reformatory should be for a definite period, 
 it shall not for that reason be void, but the person so sentenced shall re- 
 ceive the benefits and be subject to the liabilities of this act in the same 
 manner as if she had been sentenced in the manner required by law. In 
 such case the Ohio board of administration shall deliver to each person a 
 copy of this act and written information of her relations to them. (103 
 VeGi2.) 
 
 SECTION 2148-10. (1248-10.) Rules and regulations relating to 
 parole. The Ohio board of administration shall establish rules and regu- 
 lations under which persons in the Ohio reformatory for women may be 
 allowed to go upon parole in legal custody, under the control of the board 
 and subject to be taken back into the inclosure of the reformatory. A 
 person shall not be eligible to parole and an application for such parole 
 shall not be considered by the board until such prisoner has been recom- 
 mended as worthy of such consideration by the superintendent of the 
 reformatory, provided, that no female sentenced to imprisonment for life 
 shall be eligible to parole within five years from admission. 
 
 Where there is a reasonable probability that the prisoner’s release or 
 parole will not be incompatible with the welfare of society and the board 
 deems it best, it may grant absolute release to such prisoner. Nothing 
 herein contained, however, shall impair the power of the governor to 
 grant a pardon or commutation in any case. (106 v. 132.) 
 
 SECTION 2148-11. Recommendation of pardon by board. The board 
 may recommend that a prisoner may be pardoned without intervention 
 of the state board of pardons. Such recommendations shall require the 
 votes of all members of the board present at a regular or special meeting 
 and such pardon shall first be recommended by the superintendent of the 
 reformatory. (106 v. 1382.) 
 
 OHIO PENITENTIARY 
 
 (For Ohio Board of Administration read Department of Public 
 Welfare.) 
 
 (See Sections 86 to 92-8.) 
 
 SECTIONS 2149 to 2154, repealed May 11, 1911. 
 
 SECTION 2155. Residence of officials. A manager or officer of the 
 penitentiary other than the warden and his family and the matrons, shall 
 not become residents thereof. Such matrons may receive their provisions 
 therefrom. (85 v. 260.) 
 
 . SECTION 2157. Board may rebuild shops. If a shop or building in 
 which convicts are employed should be destroyed or injured by fire, it 
 may be rebuilt or repaired immediately, under the direction of the board 
 of managers. (75 v. 17.) 
 
 SECTION 2158. Suits on behalf of penitentiary. All suits or prose- 
 
 cutions on behalf of the penitentiary shall be brought in the name of 
 “The Ohio Penitentiary.” (83 vy. 14.) 
 
LAW BULLETIN 171 
 
 SECTION 2159. Rules and regulations as to the conduct of prisoners. 
 The board of managers, subject to the approval of the governor, shall 
 make such rules and regulations for the government of prisoners as may 
 tend to promote their reformation, or be necessary for the purpose of this 
 chapter. They shall make provisions for the separation or classification 
 of prisoners, their division into different grades with promotion or de- 
 gradation according to merit or demerit, their employment and instruc- 
 tion in industrial pursuits and their education. They shall keep a correct 
 daily record of the conduct of each prisoner and of his fidelity and dili- 
 gence in the performance of his work. 
 
 SECTION 2160. Release of prisoners under general sentence. The 
 board of managers shall provide for the conditional or absolute release 
 of prisoners under a general sentence of imprisonment, and their arrest 
 and return to custody within the penitentiary. A prisoner shall not be 
 released, conditionally or absolutely, unless, in the judgment of the man- 
 agers, there is reasonable grounds to believe that his release is not in- 
 compatible with the welfare of society. A petition or application for the 
 release of a prisoner shall not be entertained by the board. A prisoner 
 under general sentence to the penitentiary shall not be released therefrom 
 until he has served the minimum term provided by law for the crime of 
 which he was convicted; and he shall not be kept in the penitentiary be- 
 yond the maximum term provided by law for such offense. (88 v. 556.) 
 
 SECTION 2161. Restoration of convicts to citizenship at time of 
 release. A convict who has served his entire term without a violation 
 of the rules and discipline, except such as the board of managers has 
 excused, shall be restored to the rights and privileges forfeited by his 
 conviction. He shall receive from the governor a certificate of such res- 
 toration, to be issued under the great seal of the state, whenever he shall 
 present to the governor a certificate of good conduct which shall be fur- 
 nished him by the warden. (88 v. 556.) 
 
 SECTION 2162. Restoration of convict to citizenship after release. 
 A convict not entitled to restoration under the next preceding section, 
 having conducted himself in an exemplary manner for a period of not 
 less than twelve consecutive months succeeding his release, may present 
 to the governor a certificate to that effect signed by ten or more good 
 and well-known citizens of the place where he has resided during such 
 period. The good standing of such citizens and the genuineness of their 
 signatures must be certified to by the probate judge of the county where 
 they reside. Such convict shall be entitled to a restoration of his rights 
 and privileges, as provided for in the next preceding section. (88 v. 
 556.) 
 
 SECTION 2163. Diminution of sentence for good behavior. A per- 
 son confined in the penitentiary, or hereafter sentenced thereto for a 
 definite term other than life, having passed the entire period of his im- 
 prisonment without violation of the rules and discipline, except such as 
 the board of managers shall excuse, will be entitled to the folowing 
 diminution of his sentence: 
 
 (a) <A prisoner sentenced for a term of one year shall be allowed 
 a deduction of five days from each of the twelve months of his sentence. 
 
 (b) A prisoner sentenced for a term of two years shall be allowed 
 
172 DEPARTMENT OF PUBLIC WELFARE 
 
 a deduction of six days from each of the twenty-four months of his 
 sentence. 
 
 (c) A prisoner sentenced for a term of three years shall be allowed 
 a deduction of eight days from each of the thirty-six months of his sen- 
 tence. 
 
 (d) <A prisoner sentenced for a term of four years shall be allowed 
 a deduction of nine days from each of the forty-eight months of his sen- 
 tence. 
 
 (e) A prisoner sentenced for a term of five years shall be allowed 
 a deduction of ten days from each of the sixty months of his sentence. 
 
 (f) A prisoner sentenced for a term of six or more years, shall be 
 allowed a deduction of eleven days from each of the months of his full 
 term. 
 
 (g) A prisoner sentenced for a number of months or fraction 
 of years shall be allowed the same time per month as is provided for the 
 year next higher than maximum sentence. (88 v. 556.) 
 
 SECTION 2164. Board may deduct part of “good time” from pris- 
 oner. The board of managers may deduct from a prisoner a part or all 
 the good time gained, for a violation of the rules of discipline, or a want 
 of fidelity and care in the performance of work, according to the aggra- 
 vated nature or the frequency of the offense. The board may review the 
 conduct record of a prisoner. If a violation of the rules and discipline 
 was committed through ignorance or circumstances beyond his control or 
 abuse by an officer, the managers may restore to the prisoner the time 
 lost by such violations. (88 v. 556.) 
 
 SECTION 2165. ‘Good time” of sick or infirm convict. If a convict 
 is prevented from laboring by sickness or other infirmities not inten- 
 tionally caused by himself, or for which he is not responsible, he shall 
 be entitled, by good conduct, to the same deduction from his sentence 
 each month as provided for in this chapter. Upon his discharge from 
 the penitentiary, the board of managers may allow him sufficient money 
 to defray his necessary expenses to the county where he was convicted. 
 (88 v. 556.) 
 
 SECTION 2166 Minimum period of sentences fixed. Courts impos- 
 ing sentences to the Ohio penitentiary for felonies, except treason, and 
 murder in the first degree, shall make them general, but they shall fix, 
 within the limits prescribed by law, a minimum period of duration of 
 such sentences. All terms of imprisonment of persons in the Ohio peni- 
 tentiary may be terminated by the Ohio board of administration, as 
 authorized by this chapter, but no such terms shall exceed the maximum 
 term provided by law for the felony of which the prisoner was con- 
 victed, nor be less than the minimum term fixed by the court for such 
 felony. If a prisoner is sentenced for two or more separate felonies, 
 his term of imprisonment may equal, but shall not exceed, the aggre- 
 gate of the maximum terms of all the felonies for which he was sen- 
 tenced and, for the purposes of this chapter he shall be held to be serv- 
 Ing one continuous term of imprisonment. If through oversight or 
 otherwise, a sentence to the Ohio penitentiary should be for a definite 
 term, it shall not thereby become void, but the person so sentenced shall 
 
LAW BULLETIN 173 
 
 be subject to the liabilities of this chapter and receive the benefits there- 
 of, as if he had not been sentenced in the manner required by this sec- 
 tion. (109 v. 64.) 
 
 PAROLE OF. PRISONERS 
 (See Sections 86 to 92-8.) 
 
 SECTION 2167. Control of prisoners; their previous history. The 
 board of managers shall maintain such control over prisoners committed 
 to their custody as may prevent them from committing crime, secure 
 their self-support and accomplish their reformation. When a prisoner 
 is received into the penitentiary upon direct sentence thereto, they shall 
 enter in a register the date of such admission, his name, age, nativity, 
 nationality, and other facts as to his parentage and early social influences 
 which might indicate the constitutional and acquired defects and tend- 
 encies of such prisoner. Upon these shall be based an estimate of the 
 condition of the prisoner and the best probable plan of his treatment. 
 (81 v. 76.) 
 
 SECTION 2168. Register of prisoner’s conduct, etc. Upon such 
 register shall be entered notes of observed improvement or deterioration 
 of character of the prisoner, the method of treatment employed, orders 
 or alternations affecting his standing or situation and subsequent facts 
 
 of personal history which may be officially brought to the knowledge of 
 the managers bearing upon the propriety of the release or parole of the 
 prisoner. (81 v. 76.) = 
 
 SECTION 2169. Rules and regulations as to parole of prisoners. 
 The Ohio board of administration (Ohio Board of Clemency) shall estab- 
 lish rules and regulations by which a prisoner under sentence other than 
 for treason or murder in the first or second degree, having served a mini- 
 mum term provided by law for the crime for which he was convicted, or 
 a prisoner under sentence for murder in the second degree, having served 
 under such sentence ten full years, may be allowed to go upon parole 
 outside the building and inclosure of the penitentiary. Full power to 
 enforce such rules and regulations is hereby conferred upon the board, 
 but the concurrence of every member shall be necessary for the parole of 
 a prisoner. The board may designate geographical limits within and 
 without the state, to which a paroled prisoner may be confined or may at 
 any time enlarge or reduce such limits, by unanimous vote. (107 v. 527.) 
 
 SECTION 2170. Rules and regulations as to return of paroled pris- 
 oners. All prisoners on parole shall remain in the legal custody and 
 under control of the board of managers and subject to be taken back 
 within the inclosure of the penitentiary. Such board may make and en- 
 force rules and regulations with respect to the retaking and reimprison- 
 ment of convicts under parole. Its written order certified by its secretary 
 shall be sufficient warrant for all officers named therein to return to actual 
 custody a conditionally released or paroled prisoner; and such officers 
 shall execute such orders as in cases of ordinary criminal process. (89 
 v. 361.) 
 
174 DEPARTMENT OF PUBLIC WELFARE 
 
 SECTION 2171. Conditions precedent to parole. A prisoner confined 
 in the penitentiary shall not be eligible to parole, and an application for 
 parole shall not be considered by the board of managers, until such pris- 
 oner is recommended as worthy of such consideration by the warden and 
 chaplain of the penitentiary. Before consideration by such board, notice 
 of such recommendation shall be published for three consecutive weeks in 
 two newspapers of opposite politics in the county from which such pris- 
 oner was sentenced. The expense of such publication shall not exceed 
 one dollar for each paper. (88 v. 310.) 
 
 SECTION 2172. Action of managers on parole. A prisoner shall not 
 be released upon parole, either conditionally or absolutely, unless, in the 
 judgment of the board of managers, his release will not be incompatible 
 with the welfare of society. Such judgment shall be based upon the 
 record and character of the prisoner as established in the penitentiary. 
 (88 v. 310.) 
 
 SECTION 2173. No petition for parole permitted. A petition or 
 application for the release of a prisoner shall not be entertained by the 
 board of managers, and attorneys or other persons shall not appear be- 
 fore them as applicants for the parole of a prisoner, but such board may 
 make such inquiries as it deems proper as to the history or environment 
 of such prisoner, or his probable surroundings if paroled. Such inquiries 
 shall be instituted by the managers themselves and all information thus 
 received shall be treated as confidential. (88 v. 310.) 
 
 SECTION 2174. Violators of parole to be treated as escaped pris- 
 oners. A prisoner violating the conditions of his parole or conditional 
 release, having been entered in the proceedings of the board of managers 
 and declared to be delinquent, shall thereafter be treated as an escaped 
 prisoner owing service to the state, and when arrested, shall serve the 
 unexpired period of the maximum term of his imprisonment. The time 
 from the date of his declared delinquency to the date of his arrest shal! 
 not be counted as a part of time served. (81 v. 76.) 
 
 SECTION 2175. Paroled prisoner who commits a new crime. A 
 prisoner at large upon parole or conditional release committing a new 
 crime, and resentenced to the penitentiary, shall serve a second sentence, 
 to begin at the termination of his service under the first or former sen- 
 tence, or the annulment thereof. (81 v. 76.) 
 
 SECTION 2183. Warden may employ convicts on certain work for 
 the state. Under the direction of the state board of administration the 
 warden may employ a portion of the convicts in the manufacture of 
 articles used by the state in carrying on the penitentiary, procure machin- 
 ery and prepare shop room for that purpose. He may also employ a 
 portion of the convicts in the preparation and manufacture of any or all 
 forms of road making material for use in the construction, improvement, 
 maintenance, and repair of the main market roads and highways within 
 the state of Ohio. For such purposes the state board of administration 
 is authorized with the approval of the governor to purchase the necessary 
 land, quarries, buildings, machinery, and to erect buildings and shops 
 for said purposes, and employ such persons as may be necessary to in- 
 struct the convicts in such manufacture. The terms and manner of em- 
 
LAW BULLETIN 175 
 
 ployment of such persons shall be fixed and determined by the board. 
 (See Section 1866.) (103 v. 65.) 
 
 SECTION 2183-1. Account shall be kept of labor employed. A strict 
 account shall be kept of the labor of such convicts so employed or as- 
 signed to the manufacture of such articles, or road-making material. 
 Such convicts may receive credit for such portions of the amount of their 
 labor as the board deems equitable and just, taking into account the 
 character of the prisoners, the nature of the crime for which they are 
 imprisoned, and their general deportment. Such amount so determined 
 shall be credited to each prisoner as his earnings, and it may be paid to 
 him or his family, or those dependent upon him, in such amounts, at such 
 time, and in such manner, as such board deems best; but at least ten 
 per cent. of such earnings shall be kept for and paid to such convict at 
 the time of his discharge. The warden, with the approval of such board, 
 for a violation of the rules, want of propriety, or other misconduct, may 
 cancel a portion of such credit or credits. (103 v. 66.) 
 
 SECTION 2183-2. Board authorized to adopt rules and enter into 
 contracts for sale of road materials. Such board is authorized to adopt 
 such rules and regulations applicable to convicts employed in such man- 
 ner. It is further authorized to make and enter into such contract, or 
 contracts, for the sale of such road materials, with any department or 
 subdivision of the state of Ohio and for furnishing and delivering any 
 such road material for use upon the public roads and highways of said 
 state. (103 v. 66.) 
 
 SECTION 2184. Warden may hire domestics. Convicts may be hired 
 by the warden for domestic purposes on terms to be agreed upon by him 
 and the board of managers, but no superintendent of the kitchen or state 
 shops, captain of the watch or male guard shall board in the institution. 
 The female guards may be permitted to board themselves in the female 
 prison department, but no officer shall be required to board in the institu- 
 tion, except the warden. The board shall provide for the lodging of such 
 guards as may be required by them to remain at the penitentiary during 
 the night. (75 v. 17.) 
 
 SECTION 2185. Bible for, and preaching to convicts. The warden 
 shall furnish each convict with a Bible, and, as often as he may think 
 proper, permit regular ministers of the gospel to preach to the convicts. 
 (77 v. 161.) 
 
 SECTION 2186. Escaped convicts to be arrested and returned. The 
 warden shall arrest, or cause to be arrested, and again committed to the 
 penitentiary, a convict who escapes therefrom and is found at large 
 within this state, whether the term for which he was sentenced to im- 
 prisonment in the penitentiary has or has not expired. (33 v. 14.) 
 
 SECTION 2187. Warden’s account to be balanced monthly. The 
 warden shall balance his cash account each month and report it to the 
 board of managers, if in session, or at the first meeting thereafter, and 
 on the fifth week-day of each month shall furnish the auditor of state a 
 detailed report of his receipts during the preceding month and pay into 
 state treasury so much of the funds in his hands as in the opinion of such 
 board, is not required for the current use of the penitentiary. (75 v.17.) 
 L B pig 12 
 
176 DEPARTMENT OF PUBLIC WELFARE 
 
 SECTION 2188. Money due the prison to be paid to warden. No 
 money shall be paid to the steward for or on account of any claim due the 
 penitentiary for sales made or other acts done by him, but all money so 
 due shall be paid to the warden. Duplicate accounts thereof shall be 
 made by the steward, one to be retained by him, and the other certified 
 to the warden. When money is paid to the warden, he shall give a receipt 
 therefor which shall be entered upon the books by the clerk and payment 
 to the warden alone shall discharge such liability. (73 v. 37.) 
 
 SECTION 2189. Revenues paid to warden. Al] revenues of the peni- 
 tentiary, except as otherwise provided by law, shall be paid to the warden. 
 (73. v.38.) 
 
 SECTION 2192. Duties of clerk. The clerk shall keep the accounts 
 of the penitentiary in such a manner as to accurately exhibit the fi- 
 nancial transactions relating to it. He shall keep a register in which shall 
 be entered the name of each convict, the crime for which he was con- 
 victed, the date of conviction, the period of sentence, from what county 
 and by what court sentenced, his nativity, an accurate description of his 
 person, and, if known, whether he has been previously confined in a 
 penitentiary in this state, or elsewhere, and when and how he was dis- 
 charged. (73 v. 36.) 
 
 SECTION 2193. Clerk to render monthly statement to auditor of 
 state. On or before the fifth week-day of each month the clerk shall 
 make, and the warden certify and deliver to the auditor of state, a state- 
 ment of the amount due from each contractor for the preceding calen- 
 dar month. The warden shall deliver to each contractor a certified copy 
 or so much thereof as relates to such contractor. Within five days there- 
 after, in the mode prescribed by law, each contractor shall pay the amount 
 due into the state treasury and obtain triplicate receipts therefor, one 
 of which shall be delivered to the auditor of state, and one to the warden. 
 If the contractor fails to pay such amount within ten days from the date 
 of rendering the statement, the auditor of state shall give such statement 
 to the attorney general for collection. When collected, the attorney gen- 
 eral shall take triplicate receipts therefor from the state treasurer and 
 deliver one to the auditor and one to the warden. (78 v. 53.) 
 
 SECTION 2194. Physicians to keep record of vital statistics. The 
 physician shall keep a correct record of vital statistics of the penitentiary, 
 containing the name, nationality or race, weight, stature, former occupa- 
 tion and family history of each prisoner, a statement of the condition of 
 the heart, lungs and other leading organs, rate of pulse and respiration, 
 measurement of the chest and abdomen, condition of the inguinal canal 
 and the arch of the foot, and any existing disease, deformity, or other 
 disability acquired or inherited. He shall perform such other duties 
 in the line of his profession as the board of managers requires. (75 v. 17.) 
 
 SECTION 2195. Establishment of day school at penitentiary. The 
 Ohio board of administration may establish, at the penitentiary, an ele- 
 mentary day school for uneducated prisoners, and cause the same to be 
 so conducted as to afford to such prisoners, so far as practicable, the 
 advantages of a common school education. To that end it may employ a 
 competent and efficient superintendent of the school and such number of 
 
LAW BULLETIN 177 
 
 assistants and teachers as, in its opinion, may be deemed necessary. The 
 board may provide school rooms and necessary furniture, books, station- 
 ery, supplies and apparatus. (103 v. 273.) 
 
 SECTION 2195-1. Branches taught. The branches of education which 
 shall be taught in such school shall be reading, writing, spelling, and 
 arithmetic and English grammar. (103 v. 274.) 
 
 SECTION 2195-2. Optional branches or departments. The board 
 may establish and maintain manual training, domestic science and com- 
 mercial departments. The nature of alcoholic drinks and other narcotics, 
 and their effects on the human system, may be included in the branches 
 to be regularly taught, and instruction and training may be given in such 
 other branches as may, from time to time, be directed by the board. 
 (103 v. 274.) 
 
 SECTION 2195-3. Designation of attendants and graded course of 
 study. The superintendent, having regard to previous education and 
 intellectual capacity, shall designate the prisoners who shall attend such 
 school. He shall prescribe a graded course of study in branches named in 
 section two, and classify and regulate, and prescribe tests for the promo- 
 tion of prisoners according to attainments from one grade to another. He 
 shall assist and direct the teachers in the performance of their duties 
 and perform such other functions as the board may determine; and he 
 shall, with the approval of the board, prescribe rules and regulations for 
 the management and government of the school. (103 v. 274.) 
 
 SECTION 2195-4. Examination and promotion. Examinations may 
 be held for promotion and the questions for examination for such pro- 
 motion shall be uniform and prepared under the direction of the super- 
 intendent. Only such prisoners as receive, on examination, an average 
 grade of seventy per centum, with no grade less than fifty per centum, in 
 any branch, shall be passed. (103 v. 274.) 
 
 SECTION 2195-5. School week; school month; course of study. Such 
 school shall be held not less than two hours each day, Sundays excepted. 
 A school week shall consist of six days and a school month of four school 
 weeks. A course of study shall consist of not less than four recitations 
 a week, continued for a period of forty weeks. The school shall be classi- 
 fied into such number of grades as the superintendent shall prescribe. 
 (108 v. 274.) 
 
 SECTION 2195-6. Diminution of sentence for advancement in grades. 
 A prisoner, other than one sentenced for life, attending such school, shall 
 be entitled to one month diminution of his sentence for each advancement 
 in grade, which diminution shall not be forfeited or taken away because 
 of violation of any rule of discipline or for any other cause. The record 
 in the school of a prisoner sentenced for life shall be given special con- 
 sideration in an application for pardon, parole or commutation of 
 sentence. (103 v. 274.) 
 
 SECTION 2195-7. Prisoners may be assigned as teachers. Educated 
 prisoners may be assigned to duty as teachers in such school. The board 
 of administration shall adopt rules for the diminution of the sentence of 
 such teachers, and the time so gained under such rules shall not be for- 
 feited or taken away for any cause. (103 v. 274.) 
 
178 DEPARTMENT OF PUBLIC WELFARE 
 
 SECTION 2195-8. Monthly reports. The superintendent shall make 
 monthly reports to the board of administration with respect to the man- 
 agement and progress of the school and as to all matters under his super- 
 vision. (103 v. 275.) 
 
 SECTION 2196. No contractor or person interested in business at 
 penitentiary to be appointed to office. A person shall not be appointed 
 to office at the penitentiary, or employed therein on behalf of the state, 
 who is a contractor, his agent or employe, or interested in business carried 
 on therein. Should an officer or employe become such contractor, his 
 -agent or employe, or interested in such business, it shall be cause for his 
 removal. A person who is not a citizen of the state or is less than 
 ‘twenty-one years of age shall not be appointed to an office in the peni- 
 tentiary nor shall a person be appointed to office or employed therein, 
 who is in the habit of using intoxicating liquors. A single act of intoxi- 
 ation shall justify a removal or discharge. (75 v. 17.) 
 
 SECTION 2197. Officers shall not receive other compensation than 
 herein prescribed. An officer shall not receive compensation for his 
 services other than herein prescribed, or for an act or service which he 
 may perform for or on behalf of a contractor, his agent or employe. An 
 officer violating this section shall be dismissed and a contractor, his agent 
 or employe, concerned in such violation, shall be expelled from the peni- 
 tentiary and not again permitted within it in such capacity. (75 v. 17.) 
 
 SECTION 2198. Officers, contractors, etc., shall not deal with con- 
 victs. No officer or employe of the penitentiary, contractor or his em- 
 ploye, shall make a present to, receive a present from, or have barter or 
 dealings with a convict. Every such violation shall be subject to the 
 penalty prescribed in the next preceding section. (73 v. 242.) 
 
 SECTION 2199. Removals and suspensions. An officer appointed by 
 the board of managers, or by the warden with the consent of such board, 
 may be suspended or removed by the board for delinquency in the dis- 
 charge of his duty, misconduct in office or other cause which materially 
 affects his usefulness. The reasons therefor shall be fully stated upon 
 the journal of the board. For like cause such officer may be suspended 
 by the warden, who shall present to the board, in writing, at the next 
 meeting, his reasons therefor. If the suspension is aproved, the officer 
 shall be discharged, if not, he shall be reinstated, and the board may order 
 that he shall receive pay during the time of such suspension. (73 v. 36.) 
 
 MISCELLANEOUS 
 
 SECTION 2200. Visitors to the penitentiary. The governor, heads of 
 departments, members of the general assembly and such other persons as 
 the warden designates, shall be admitted as visitors within the walls of 
 the penitentiary free of charge. Other visitors may be charged a reason- 
 able sum which shall be prescribed by the board of managers. The warden 
 shall procure suitable tickets to be sold by the clerk, who shall keep an 
 account thereof and pay the money therefrom to the warden daily. The 
 guard at the door of the guard room shall receive the tickets, keep an ac- 
 
LAW BULLETIN 179 
 
 count thereof in a book as they are received and return them to the 
 warden each day before the penitentiary is closed. (75 v. 17.) 
 
 SECTION 2201. Laws, etc., regulating intercourse with prisoners to 
 be posted. The board of managers shall cause a copy of the laws of the 
 state and by-laws of the board relating to intercourse between visitors 
 and prisoners to be placed in a conspicuous location within the peni- 
 tentiary. (83 v. 14.) 
 
 SECTION 2202. When convict is sick. One or more apartments in 
 the penitentiary shall be prepared for an infirmary. When the attending 
 physician considers a convict so ill as to require removal from work or 
 solitary confinement he shall be placed in such infirmary until the 
 physician reports to the warden that he is in a proper condition to be re- 
 moved. The warden shall then order him back to his former labor or 
 cell. (33 v. 14.) 
 
 SECTION 2203. When convict insane at expiration of sentence. If 
 a convict be insane at the expiration of sentence, the warden shall give 
 written notice thereof to the probate judge of the county from which he 
 was sent, who shall forthwith issue his warrant to the sheriff of such 
 county commanding him to return such insane convict to such county. 
 Upon receipt of the warrant, the sheriff shall execute it forthwith and 
 will make return thereof to the probate judge. Thereupon the probate 
 judge shall forthwith order such insane person to be confined or other- 
 wise disposed of as directed by law. The sheriff shall receive like compen- 
 sation as for transferring a prisoner to the penitentiary, and the auditor 
 of the county shall draw an order upon the county treasurer therefor. 
 If a probate judge, after being so notified by the warden, neglects to 
 issue such warrant, or if a sheriff neglects to remove such insane con- 
 vict, the warden shall cause such convict to be removed and returned to 
 the county from which he was sent in charge of an officer of the peniten- 
 tiary, or some other suitable person. The cost of removal shall be paid 
 from such county treasury upon the warrant of the county auditor. 
 (75 v.17.) (See Sec. 1985.) 
 
 SECTION 2204. Board shall provide apartments for insane convicts. 
 The board of managers shall cause to be erected by convict labor or 
 otherwise, a suitable department for the reception of insane convicts. 
 Such department shall be capacious enough to accommodate the convicts 
 who become insane in the penitentiary. (43 v. 73.) (See Sec. 1985.) 
 
 SECTION 2206. Convicts to perform only such labor as board ap- 
 proves. Work, labor or service shall not be performed by a convict 
 within the penitentiary unless it be expressly authorized by the board 
 of managers. (73 v. 40.) 
 
180 DEPARTMENT OF PUBLIC WELFARE 
 
 NEW OHIO PENITENTIARY* 
 
 (Passed April 19, 1913.) 
 AN ACT 
 
 To provide for the appointment of a commission to acquire a site, and 
 to prepare and adopt plans for the erection thereon of a 
 new penitentiary. 
 
 Be it enacted by the General Assembly of the State of Ohio: 
 
 SECTION 1. Ohio penitentiary commission. There is hereby created 
 the Ohio penitentiary commission, to be composed of four members, to 
 be appointed by the governor within thirty days after this act goes into 
 effect. The members of said commission shall serve without compensa- 
 tion and be removable at any time at the pleasure of the governor. (103 
 Vea) 
 
 SECTION 2. Chairman and secretary. The governor shall designate 
 one of the appointees to said commission as chairman thereof. The gov- 
 ernor shall appoint a secretary to said commission who shall serve with- 
 out compensation, and shall be removable at any time at the pleasure of 
 the governor. (103 v. 247.) 
 
 SECTION 3. Location of office. Such commission shall be provided 
 with and shall keep and maintain its office in the offices of the board of 
 administration in the city of Columbus. It shall be furnished by said 
 board of administration with necessary office furniture, supplies and ap- 
 pliances. (103 v. 247.) 
 
 SECTION 4. Where meetings held; record. All regular meetings 
 of said commission shall be held in its office; but it may hold session in 
 any place within the state of Ohio. A majority of such commission shall 
 constitute a quorum to transact business. The commission shall keep a 
 record of all its proceedings, which record shall be a public record; all 
 voting shall be had by calling each member’s name by the secretary, and 
 each member’s vote shall be recorded on the proceedings as cast. Said 
 commission shall meet at the call of the chairman or of any two members 
 thereof. No vacancy shall impair the rights of the remaining commis- 
 sioners to exercise all the powers of the commission until such vacancy is 
 filled. (103 v. 247.) 
 
 SECTION 5. Expenses. The members of said commission, and the 
 secretary thereof, shall be entitled to receive from the state their ex- 
 penses while traveling and engaged on business on the commission within 
 or without the state. Such expenses shall be presented in an account veri- 
 fied by the person who incurred the expense, approved by the chairman 
 of commission, and shall be audited and paid as other similar expenses 
 are audited and paid. (103 vy. 247.) 
 
 SECTION 6. Clerks, stenographers and assistants. Said commis- 
 sion may employ such clerks, stenographers and assistants as may be 
 necessary, and fix their compensations. Such employment and compensa- 
 tion to be subject to the approval of the governor. (103 v. 248.) 
 
 *Attorney-General did not consider this act of sufficient permanency to assign sections 
 numbers of the general code. 
 
LAW BULLETIN 181 
 
 SECTION 7. Selection, purchase or appropriation of site. Such 
 commission is authorized, directed and empowered to proceed to purchase 
 or procure by appropriation, in the manner hereinafter provided, and 
 cause to be deeded to the state of Ohio by good and sufficient deed a site 
 consisting of not less than one thousand (1,000) nor more than two 
 thousand five hundred (2,500) acres of land, so situated and of such 
 quality as in the judgment of the commission will provide a site suitable 
 and fit for a new penitentiary. The selection of said site, and the de- 
 termination of the number of acres requisite to compose the same, and the 
 amount to be paid therefor shall each and all be subject to the approval 
 of the governor. (103 v. 248.) 
 
 SECTION 8. How payment shall be made. Upon the issue of proper 
 vouchers, signed by all the members of said commission, and the approval 
 of the attorney general as to the title of such land and audtior of state 
 shall issue warrants upon the treasurer of state, for such amounts as the 
 commission shall certify, in payment therefor. (103 v. 248.) 
 
 SECTION 9. Notice to governor upon inability to purchase. If, in 
 the judgment of said commission, after it has selected a suitable site, it 
 is unable to purchase the same at a reasonable price, the commission shall, 
 in writing, notify the governor of such fact. The governor shall there- 
 upon notify the attorney general of such fact and direct him to proceed 
 in the manner hereinafter provided to appropriate such lands as the com- 
 mission may designate as a site for the erection of a new penitentiary. 
 (103 v. 248.) 
 
 SECTION 10. Attorney general shall proceed in appropriation of 
 property. In the appropriation of such lands the attorney general shall 
 proceed in the manner provided by law for the appropriation of property 
 by municipal corporations, and shall exercise all the power and discharge 
 all the duties as representative of the state of Ohio which are imposed 
 by law upon the city solicitor with regard to such proceedings on behalf 
 of such municipal corporations. All the provisions of sections 3681 to 
 3697, inclusive, of the General Code, shall insofar as the same are ap- 
 propriate and applicable, govern the proceedings herein. (103 v. 248.) 
 
 SECTION 11. Duties of commission as to plans. Such commission 
 shall prepare ground plans of and plans for the erection of a new peni- 
 tentiary in its entirety, or for any building, groups of buildings, or any 
 parts or units of the new penitentiary, upon the site so purchased or 
 appropriated by the state; it shall, by visitation or otherwise, secure in- 
 formation, employ a competent architect, and do whatever else may 
 be necessary and essential to obtain the best possible plans for this pur- 
 pose. The compensation of such architect shall be fixed by the commis- 
 sion, and shall, together with other expenses incident to the preparation 
 of such plans, be paid in the same manner as other expenses of the com- 
 mission. The employment and compensation of such architect shall be 
 subject to the approval of the governor. (108 Pt. I, v. 145.) (As 
 amended April 17, 1919.) 
 
 SECTION 12. Exhibition of plans in state house. Before any ground 
 plans or plans for the erection of a new penitentiary, or of any building, 
 or groups of buildings or any parts or units of the new penitentiary, are 
 
182 DEPARTMENT OF PUBLIC WELFARE 
 
 finally approved and adopted by the commission, such plans shall be ex- 
 hibited in the state house for not less than fifteen days, and any criticism 
 of the same shall be considered by such commission in determining 
 whéther such plans shall be finally adopted. (As amended April 17, 
 1919.) (108 Pt. I, v. 145.) 
 
 SECTION 13. Adoption of plans; approval. Such commission shali 
 determine what ground plans and plans for the erection of the new peni- 
 tentiary in its entirety, or for any building, groups of buildings, or any 
 parts or units of the new penitentiary shall be adopted by formal vote 
 of the commission at a public meeting. The plans adopted by the com- 
 mission shall thereupon be submitted to the governor for his approval; 
 if approved by him such plans shall be the final plans for the erection 
 of the new penitentiary in its entirety, or for any building, groups of 
 buildings, or any parts or units of the new penitentiary, and thereafter 
 shall not be changed except when necesary, and then upon the consent 
 of the governor, the penitentiary commission and the board of adminis- 
 tration. (As amended April 17, 1919.) (108 Pt. I, v. 145.) 
 
 SECTION 14. Board of administration empowered to construct peni- 
 tentiary. Upon the final approval of such plans, or upon the final ap- 
 proval of the final plans of any building or groups of buildings or any 
 part or units of the new penitentiary, the Ohio board of administration 
 is authorized and empowered to construct such building or groups of 
 buildings or any parts or units of such new penitentiary, or such new 
 penitentiary in its entirety, upon said site so purchased or appropriated 
 by the state, out of funds to be appropriated for that purpose by the 
 General Assembly, such construction in all things to conform to and be 
 governed by the plans approved as provided by this act. After the final 
 approval of such plans in whole or in part as herein provided, and dur- 
 ing the period of construction of any building or groups of buildings or 
 any parts or units of said new penitentiary, and until such new peniten- 
 tiary is wholly completed, the penitentiary commission, in addition to 
 the performance and execution of other duties and powers in this 
 act conferred upon it shall, until relieved by the governor, act in 
 an advisory capacity to the board of administration; such con- 
 truction, including the preparation and grading and laying out of 
 said site, shall be done, so far as possible, by prisoners of the peniten- 
 tiary or the prisoners of any other penal or reformatory institution of 
 the state of Ohio. Before the board of administration shall proceed to 
 do any work other than by the direct labor of prisoners, the approval 
 of the governor shall be first secured. (As amended April 17, 1919.) 
 (108 v. Pt. I, 146.) 
 
 SECTION 15. Letting contracts. Work on said site and buildings 
 which cannot be performed by the direct labor of prisoners, the board 
 of administration shall award by contract. In letting such contracts 
 and in erecting said buildings the board of administration shall be gov- 
 erned in all things by the provisions of sections 2314 to 2332, inclusive, 
 of the General Code of Ohio governing the erection, alteration and im- 
 provement of state buildings; except that it may accept the bid of any 
 contractor,as to all or a part of the work and may do a part of the 
 work by direct labor of the prisoners in the penitentiary. Before any 
 
LAW BULLETIN 183 
 
 contract is entered into by the board of administration it shall be sub- 
 mitted to the governor who shall hear any complaints against the same, 
 and at his discretion may order the board to readvertise. The board of 
 administration may adopt such other provisions as to the terms of such 
 bids and in the letting of contracts as it may deem necessary. (As 
 amended April 17, 1919.) (108 v. Pt. I, 146.) 
 
 SECTION 16. Legal adviser. The attorney general shall be the legal 
 adviser of the penitentiary commission; he shall approve all contracts 
 and may attend all meetings, and in case of request shall attend meet- 
 ings. (103 v. 250.) 
 
 SECTION 17. Appropriation. That for the purpose of providing a 
 fund for the acquisition of the land to constitute a site for the new peni- 
 tentiary contemplated by this act, and defraying the expenses incident 
 thereto (which expenses shall include all expenditures of the Ohio peni- 
 tentiary commission authorized by this act) there be and there is hereby 
 appropriated out of the general revenue fund of the state of Ohio, not 
 otherwise appropriated, the sum of two hundred and fifty thousand dol- 
 lars ($250,000.00). (108 v. 250.) 
 
 PROVISIONS APPLYING TO PENAL INSTITUTIONS 
 PROBATION 
 
 SECTION 2210. Effect of order of probation. When a sentence to 
 the penitentiary or to the reformatory has been imposed, but execution 
 thereof has been suspended and the defendant placed on probation, the 
 effect of such order of probation shall be to place the defendant under 
 control of the management of the board of managers of the institution 
 to which he is sentenced and he shall be subject to the same rules and 
 regulations as apply to persons paroled from such institutions. (99 v. 
 840.) 
 
 SECTION 2211. Blank forms furnished to clerk of courts. The 
 board of managers of the penitentiary and of the reformatory shall 
 furnish the clerk of courts of each county with blank forms setting 
 forth the requirements and conditions used by them in the parole of 
 prisoners of their institutions, amended so as to be applicable to cases 
 of probation. (99 v. 340.) 
 
 SECTION 2212. Appointment of field officers. The board of mana- 
 gers of the penitentiary and of the reformatory, respectively, shall ap- 
 point and employ one or more officers, to be known as field officers, for 
 their respective institutions. Such officers shall carefully look after the 
 welfare of all persons whose sentences have been suspended, and those 
 who have been paroled from such institutions. (99 v. 340.) 
 
 SECTION 2213. Arrest of convict on probation; managers may ter- 
 minate probation. If a person placed upon probation fails to conduct 
 himself in accordance with the rules and regulations of the institution 
 in whose charge he has been placed, a field officer thereof, without war- 
 rant or other process, because of such failure, may arrest and convey 
 him to the institution and the board of managers, after full investiga- 
 
184 DEPARTMENT OF PUBLIC WELFARE 
 
 tion and a personal hearing, may forthwith terminate the probation and 
 cause him to suffer the penalty of the sentence previously suspended. 
 A person who has violated the conditions of his probation, upon order 
 of the board of managers, shall be subject to arrest in like manner as 
 an escaped convict. In case of termination of probation, the original 
 sentence shall be considered as beginning upon the first day of his im- 
 prisonment in the institution. (99 v. 341.) 
 
 SECTION 2214. Discharge of convict on probation. When a person 
 has satisfactorily met the conditions of his probation, the board of mana- 
 gers shall issue to him a final discharge from further supervision, but 
 the length of the period of probation shall not be less than the mimimum 
 nor more than the maximum term for which he might have been im- 
 prisoned. (99 v. 341.) 
 
 SECTION 2215. Salaries; how paid. Upon presentation of itemized 
 vouchers properly approved by the board of managers, the auditor of 
 state shall issue his warrant upon the state treasurer to pay the salaries 
 and necessary expenses of field officers from the appropriation for con- 
 viction and transportation of convicts. In like manner shall be paid 
 the salaries and expenses of the parole officers of the boys’ industrial 
 school and the girls’ industrial home. (99 v. 341.) 
 
 INSANE CONVICTS 
 
 (See Sections 1841-9 and 1985. Authority for transfer to Lima.) 
 
 SECTION 2218. Detention; clothing; certificate of conviction. Such 
 insane convict shall be received into such hospital and detained there 
 until lawfully discharged. The warden or officer before so transferring 
 the convict, shall see that he is physically clean, and provided with a new 
 suit of clothing such as is furnished convicts upon their discharge from 
 the penitentiary. At the time of transfer there shall be transmitted to 
 the superintendent of the hospital, the original certificate of conviction. 
 (98 v. 287.) 
 
 (See Section 1999. Expenses for Clothing.) 
 
 SECTION 2219. Costs, how paid. The costs necessarily incurred in 
 determining the question of such insanity, including the fees of the medi- 
 cal examiners and the cost of transferring the convict to the hospital, 
 shall be paid from the current expense fund of the institution from 
 which the transfer is made or sought to be made. (98 v. 237.) 
 
 SECTION 2220. Term of detention. An insane convict under inde- 
 terminate sentence, transferred from the penitentiary or the reforma- 
 tory to the Lima state hospital, shall be detained at such hospital for the 
 maximum term of sentence provided by law for the offense of which the 
 convict was convicted, unless sooner restored to reason. (98 v. 238.) 
 
 ' (See Sections 1995-1997. Deportation of insane convicts after expira- 
 tion of sentence.) 
 
 SECTION 2221. Proceedings when convict restored to reason. When 
 an insane convict confined in the Lima state hospital, whose term of 
 sentence has not expired, has been restored to reason, and the superinten- 
 dent of the hospital so certifies in writing, he shall be transferred forth- 
 
LAW BULLETIN 185 
 
 with to the penitentiary or reformatory from which he came. The 
 officer in charge shall receive such convict into the penitentiary or re- 
 formatory. (98 v. 240.) 
 
 SECTION 2222. Insane convict. When a convict in a penitentiary 
 or the reformatory becomes insane, the warden of the penitentiary or 
 the superintendent of the reformatory shall give notice to the physician 
 thereof, who shall forthwith examine the convict. If upon examina- 
 tion, he is of opinion that the convict is insane, the physician shall so 
 
 certify to the warden, or superintendent. If the Lima state hospital 
 
 is not then open to receive such convict, the warden shall forthwith con- 
 fine the convict in the insane department of the penitentiary. The 
 superintendent shall present to the board of managers of the reforma- 
 tory the certificate of such physician. In such case the board of mana- 
 
 gers may order the superintendent to remove the convict to the Colum- 
 
 bus state hospital, and the superintendent of such hospital shall set 
 apart a portion of the hospital wherein such convicts shall be confined. 
 (99 v. 480.) (See Sec. 1841-9 G. C.) 
 
 SECTION 2223. Transfer to Columbus state hospital. Should it be 
 necessary after a convict is so confined in the insane department of the 
 penitentiary, evidenced by the certificate of the superintendent of the 
 Columbus state hospital and the physician of the penitentiary, the board 
 of managers of the penitentiary may order the warden to remove such 
 insane convict to the Columbus state hospital and the superintendent 
 shall set apart a portion of the hospital wherein such insane convict 
 shall be confined. (99 v. 480.) (This Section applicable only in case 
 convict’s physical condition prevents transfer to Lima.) 
 
 SECTION 2224. Return to prison when restored. When the physician 
 of the penitentiary certifies to the warden thereof, that an insane con- 
 vict confined in the insane department of the penitentiary, or when the 
 superintendent of the Columbus state hospital certifies to the warden 
 of the penitentiary or to the superintendent of the reformatory that a 
 convict from such institution so confined in such hospital, is so far re- 
 stored to his proper mind, that it is safe to put him at labor under his 
 sentence the warden or superintendent of the reformatory, as the case 
 may be, shall remove such convict from the hospital and return him to 
 the prison and put him at labor under his sentence. (99 v. 480.) 
 
 SECTION 2225. Epileptic convict. If a convict is suffering from 
 epilepsy when received at the reformatory or develops such disease after 
 being received, the superintendent shall give notice to the physician of the 
 reformatory, who shall forthwith examine the inmate. If upon exam- 
 ination, he is of the opinion that such inmate is suffering from epilepsy, 
 he shall so certify to the superintendent, who shall present to the board 
 of managers of the reformatory such certificate of the physician, and 
 the board may order the superintendent to remove such epileptic inmate 
 to the Ohio hospital for epileptics, and the superintendent thereof shall 
 set aside a portion of the hospital wherein such epileptic shall be con- 
 fined. (99 v. 480.) 
 
 SECTION 2226. Return of epileptic to labor. When the superinten- 
 dent of the Ohio hospital for epileptics certifies to the superintendent of 
 
186 DEPARTMENT OF PUBLIC WELFARE 
 
 the reformatory that an epileptic convict confined in such hospital, as 
 provided in the preceding section, is so far restored to health that it is 
 considered safe to put him at labor under his sentence, the superinten- 
 dent of the reformatory shall remove such convict to such reformatory 
 and put him at labor under his sentence. (99 v. 480.) 
 
 SECTION 2227. Medical attention to insane convicts. The physician 
 of the penitentiary or reformatory shall give such medical and surgical 
 treatment to insane convicts while confined in the penitentiary or re- 
 formatory as the nature of the case requires. Insane convicts while con- 
 fined in the Columbus state hospital shall receive the care, attention and 
 medical treatment, and be subject to the rules provided for other in- 
 mates. (99 v. 480.) 
 
 CONTRACT LABOR PROHIBITED; NATURE OF WORK; 
 DISPOSAL OF PRODUCTS. 
 
 (See Sections 1845-1847; 1858-1859; 1866; 2183-1-2.) 
 
 SECTION 2228. Employment of convicts. The board of managers 
 of the Ohio penitentiary, the board of managers of the Ohio state 
 reformatory, or other authority, shall make no contract by which the 
 labor or time of a prisoner in the penitentiary or reformatory, or the 
 product or profit of his work, shall be let, farmed out, given or sold to 
 any person, firm, association or corporation. Convicts in such institu- 
 tion may work for, and the products of their labor may be disposed of, 
 to the state or a political division thereof, or for or to a public institu- 
 tion owned or managed and under the control of the state or political 
 division thereof, for the purpose and according to the provisions of this 
 chapter. (98 v. 177.) 
 
 SECTION 2229. Convicts shall be employed. The board of mana- 
 gers of the penitentiary and the board of managers of the reformatory, 
 so far as practicable, shall cause all prisoners serving sentences in such 
 institution, physically capable, to be employed at hard labor for not to 
 
 exceed nine hours each day other than Sundays and public holidays. 
 (98 v. 177.) 
 
 SECTION 2230. Nature of work by convicts. Such labor shall be 
 for the purpose of the manufacture and production of supplies for such 
 institutions, the state or political divisions thereof; for a public institu- 
 tion owned, managed and controlled by the state or a political division 
 thereof; for the preparation and manufacture of building material for 
 the construction or repair of a state institution, or in the work of such 
 construction or repair; for the purpose of industrial training and in- 
 struction, or partly for one and partly for the other of such purposes; 
 in the manufacture and production of crushed stone, brick, tile and cul- 
 vert pipe, suitable for draining wagon roads of the state, or in the pre- 
 paration of road building and balasting material. (98 v. 177.) 
 
 SECTION 2230-1. Provision for transmission to public institutions. 
 Such labor shall also be for the purpose of the production of electric 
 current for such institutions; and for the purpose of transmitting such 
 electric current such board of managers and other authorities are here- 
 
 eS eee 
 
LAW BULLETIN 187 
 
 by authorized to make and enter into contracts with individuals, firms 
 and public and private corporations, owning and maintaining pole lines 
 or conduits for the running of the wires necessary for the transmission 
 of such electric current, and as a consideration therefor, grant to such 
 persons, firms, public or private corporations the privilege to establish 
 poles, wires and conduits within the penitentiary grounds in the places 
 and manner specified by the penitentiary managers. (102 v. 418.) 
 
 SECTION 2231. Disposition of products. Such tile, brick and culvert 
 pipe and road building material and such products of convict or prison 
 labor as are used in the construction or repair of the public roads shall 
 be furnished the political divisions of this state at cost. The convicts 
 from the penitentiary shall not be intermingled with the convicts from 
 the reformatory in the performance of such labor. (98 v. 177.) 
 
 SECTION 2232. Township trustees and county commissioners may 
 call for supplies. The trustees of a township or the board of commis- 
 sioners of a county may make application to the board of managers of 
 the penitentiary or to the board of managers of the reformatory for 
 supplies manufactured under the provisions of this chapter or for road 
 building material, machinery, tools or other appliances so manufactured, 
 needed or required by them for the public institutions under their charge 
 or for the construction, improvement or repairing of public roads in their 
 respective townships or counties. They shall obligate themselves to use 
 such road material according to the rules and regulations approved by 
 the state highway commissioner. (98 v. 178.) 
 
 SECTION 2233. Managers may lease or purchase beds of limestone. 
 The board of managers of the penitentiary or the board of managers of 
 the reformatory may lease or purchase beds of limestone, or other suit- 
 able road building material, after they are approved by the state high- 
 way commissioner as being suitable for the construction of roads. No 
 contract for the purchase or leasing thereof shall be made until it is 
 approved by the governor and the state highway commissioner. (98 v. 
 178.) 
 
 SECTION 2234. Managers may lease plant for manufacturing. Such 
 boards may lease and operate plants for the manufacture of bricks or 
 road building material, or supplies, needed for the construction and 
 maintenance of public roads, which shall be furnished at cost to a town- 
 ship or county proportionately as demanded. No contract for the lease 
 of such plant as provided shall be operative until approved by the gov- 
 ernor and the state highway commissioner. (98 v. 178.) 
 
 SECTION 2235. Prison labor only to be used. Such beds of lime- 
 stone or other suitable road building material or plants for the manu- 
 facture of road building material, supplies or machinery, as herein pro- 
 vided, shall be operated by prison or convict labor, and the products 
 thereof shall not be disposed of except to a township or county in this 
 state for the construction, repair or maintenance of public roads out- 
 side of the limits of incorporated cities or villages. No contract shall be 
 made under the provisions of this chapter unless the money to pay for 
 it has been lawfully appropriated. (98 v. 178.) 
 
188 DEPARTMENT OF PUBLIC WELFARE 
 
 SECTION 2235-1. Erect buildings and equip stone quarry and crush- 
 ing plant. That the board of managers of the Ohio penitentiary shall 
 erect upon the said land described in this act, such building or buildings 
 as are necessary for the operation of a stone crushing plant, and quarry 
 and shall equip the said building or buildings for the purpose of manu- 
 facturing and the production of crushed stone and in the preparation 
 of road building and ballasting materials to be sold by the board of 
 managers of the Ohio penitentiary in the open market, and may also 
 conduct the business of quarrying and selling dimension and other 
 stone. (102 v. 106.) 
 
 SECTION 2235-2. Detail prisoners upon requisition of board. The 
 warden of the Ohio penitentiary shall, upon the requisition of the board 
 of managers, detail the prisoners needed in the erection, equipment and 
 maintenance of said building or buildings, and shall also detail to the 
 board of managers the prisoners needed to properly operate said stone 
 crushing plant and quarry; but the warden shall furnish the guards and 
 shall have control of the discipline of the prisoners and shall be respon- 
 sible for their safe keeping and shall maintain and safely transport any 
 prisoners detailed for work at the said stone crushing plant. (102 v. 106.) 
 
 SECTION 2235-3. Employment of architect, engineer, superintendent, 
 etc. That said board of managers is authorized and directed to employ 
 a competent architect or architects, engineer or engineers, superin- 
 tendent or superintendents, and supervisors of labor in the erection, 
 equipping and maintaining said stone crushing plant and quarry specified 
 in section 2, [G. C. § 2235-1], of this act; and before erecting the said 
 building or buildings and equipping the same as provided herein, plans 
 and specifications therefor shall be made by a competent architect or 
 architects and submitted to the governor and shall be approved by him. 
 
 Labor to be performed by prisoners. All labor necessary for the 
 erection, equipping and maintaining of the said stone crushing plant 
 and quarry, as far as possible shall be performed by the prisoners of the 
 Ohio penitentiary; and all materials as far as practicable, shall be ob- 
 tained from the lands belonging to the state. 
 
 Tools, machinery and equipment. The board of managers is author- 
 ized and directed to furnish all the proper tools, machinery and equip- 
 ment necessary to carry out the provisions of this act when the same is 
 completed and ready for operation. 
 
 The board of managers shall comply with the general provisions of 
 the statutes of Ohio in regard to advertising and receiving bids for 
 material and labor for the erection of public buildings. (102 v. 106.) 
 
 SECTION 2243. Purchase of supplies for the state or its institutions. 
 No articles or supplies manufactured under the provisions of this chap- 
 ter by the labor of convicts of the penitentiary or reformatory shall be 
 purchased from any other source for the state or its institutions unless 
 the board of managers of the penitentiary and the board of managers 
 of the reformatory shall first certify, on requisition made to them that 
 
 such articles cannot be furnished. Such requisitions shall be honored as 
 far as possible. (98 v. 181.) 
 
LAW BULLETIN 189 
 
 SECTION 2244. Limitation of employment of inmates of peniten- 
 tiaries. The total number of prisoners and inmates employed at one 
 time in the penitentiaries, workhouses and reformatories in this state in 
 the manufacture of any one kind of goods which are manufactured in this 
 state outside of such penitentiaries, workhouses and reformatories, shall 
 not exceed ten per cent. of the number of all persons in this state out- 
 side of such penitentiaries, workhouses and reformatories employed in 
 the manufacturing of the same kind of goods, as shown by the last fed- 
 eral census or state enumerations, or by the annual or special report of 
 the commissioner of labor statistics of this state. This section does not 
 apply to industries in which not more than fifty free laborers are em- 
 ployed. (90 v. 237.) 
 
 SECTION 2245. Duty of commissioner of labor statisitics in relation 
 to such employment. The commissioner of labor statistics and attorney 
 general shall enforce the provisions of the next preceding section. When 
 such commissioner has reason to believe that the provisions of such sec- 
 tion are being violated, he may investigate and ascertain the entire num- 
 ber of persons in this state, outside of the penitentiary, reformatory or 
 workhouses employed in such industry, and the number of prisoners and 
 inmates in the penitentiary, reformatory and each of the workhouses in 
 the state engaged therein. The result of such investigation shall be 
 printed in a special report containing the number of prisoners and in- 
 mates of the penitentiary, reformatory and workhouses employed therein. 
 Special reports under the next preceding section shall be made at inter- 
 vals not exceeding five years, or oftener if deemed advisable by the com- 
 missioner of labor statistics. (90 v.. 238.) 
 
 SECTION 2246. Duty of penitentiary and other managers in rela- 
 tion thereto. Copies of the reports mentioned in the next preceding 
 section shall be forwarded to the managers or directors of each institu- 
 tion in which are employed more prisoners in one industry than is per- 
 mitted by this chapter. Thereupon such managers or directors shall 
 forthwith reduce the number of prisoners and inmates employed therein 
 to, or within, the number permitted by this chapter to be so employed, 
 notwithstanding any provision in a contract relating to the employment 
 of such inmates or prisoners. The report made by the commissioner of 
 labor statistics shall control and limit the number of prisoners and in- 
 mates which may be employed in any industry in the penitentiary, re- 
 formatory or workhouses until another report is made by him. (90 
 ie, ZBI) 
 
 SECTION 2247. Duty of attorney general in relation thereto. When 
 the commissioner of labor statistics is satisfied that section twenty-two 
 hundred and forty-four is being violated by the managers or directors 
 of a penal institution, he shall advise the attorney general thereof and 
 furnish him with information in support of his conclusions. The attor- 
 ney general shall thereupon institute legal proceedings to compel com- 
 pliance with the provisions of such section. (90 v. 238.) 
 
190 DEPARTMENT OF PUBLIC WELFARE 
 
 REPORTS, ANNUAL—SHALL BE FILED WITH GOVERNOR 
 AND SECRETARY OF STATE 
 
 SECTION 2264-1. Official reports shall be made in triplicate; where 
 filed. Each elective state officer, and the adjutant general, board of 
 pardons, superintendent of public instruction, the state agricultural com- 
 mission, the superintendent of public works, the public utilities commis- 
 sion, the superintendent of insurance, the state inspector of building 
 and loan associations, the state superintendent of banks, the commis- 
 sioners of public printing, the supervisor of public printing, the board 
 of library commissioners, the state geologist, the state commissioner of 
 soldiers’ claims, the state fire marshal, the state inspector of oils, the 
 state industrial commission, the state highway department, the state 
 board of health, the state medical board, the state dental board, the state 
 board of embalming examiners, the state board of charities, the Ohio 
 commission for the blind, the state board of accountancy, the state board 
 of uniform state laws, the state civil service commission, the commissioners 
 of the sinking fund, the state tax commission, the clerk of the supreme 
 court, the state board of administration, the state liquor licensing board, 
 the state armory board, the trustees of the Ohio State university, and 
 every private or quasi-public institution, association, board or corpora- 
 tion receiving state money for its use and purpose, shall make annually, 
 at the end of each fiscal year, in triplicate, a report of the transactions 
 and proceedings of his office or department for such fiscal year except- 
 ing, however, receipts and disbursements unless otherwise specifically 
 required by law. Such report shall contain a summary of the official acts 
 of such officer, board or commission, institution, association or corpora- 
 tion, and such suggestions and recommendations as may be proper. On 
 the first day of August of each year, one of said reports shall be filed 
 with the governor of the state, one with the secretary of state, and one 
 shall be kept on file in the office of such officer, board, commission, insti- 
 tution, association or corporation. (106 v.508.) 
 
 SECTION 2268. Number of reports printed determined by printing 
 commission. The annual reports of the elective state officers shall be 
 printed in such numbers as shall be determined by the commissioners of 
 public printing. (106 v. 508.) 
 
 LAWS FURNISHED STATE DEPARTMENTS AND INSTITUTIONS 
 
 SECTION 2279. Journals, statistics, laws, etc., furnished state de- 
 partments and institutions. The secretary of state shall deliver to each 
 elective state officer one copy of each of the journals, one copy of the 
 “Ohio General Statistics” and two copies of the laws; to each of the other 
 state departments and to each state benevolent, correctional or penal 
 institution, one copy of each such publication and such further number 
 as he deems necessary. He shall furnish such number thereof to the 
 governor of the state as he deems necessary for distribution among the 
 executives of other states, and for other uses and shall forward one copy 
 of the laws to the judge, clerk, district attorney and marshal of each 
 United States court within this state. (106 v. 508.) 
 
LAW BULLETIN 191 
 
 SECTION 2288-2. Certification of balance required before contract. 
 It shall be unlawful for any officer, board or commission of the state to 
 enter into any contract, agreement or obligation involving the expendi- 
 ture of money, or pass any resolution or order for the expenditure of 
 money, unless the Director of Finance shall first certify that there is a 
 balance in the appropriation pursuant to which such obligation is re- 
 quired to be paid, not otherwise obligated to pay precedent obligations. 
 (109 v. 1380.) 
 
 STATE EMERGENCY BOARD 
 
 SECTION 2312. Emergency board, how composed; organization; 
 expenses. There shall be an emergency board to consist of the governor, 
 or a designated officer or employee, auditor of state, attorney general, 
 chairman of the senate finance committee, and chairman of the house 
 finance committee. The governor, or a designated officer or employee, 
 shall be president and the director of finance shall be the secretary of the 
 board. The secretary shall keep a complete record of all its proceedings. 
 The approval of four members of the board evidenced by their signatures 
 shall be necessary in all cases in which the board is authorized to act. 
 The chairman of the senate and house finance committee, when acting as 
 members of the emergency board or as members of the controlling board 
 under authority of any appropriation act, shall be paid ten dollars per 
 day each and their necessary traveling expenses upon presentation to the 
 auditor of state of an itemized account of the same, while engaged in 
 their duties as such members, which shall be paid from the funds ap- 
 propriated for the payment of expenses of legislative committees, upon 
 vouchers approved by the auditor of state, and the auditor of state is 
 hereby authorized to draw his warrants upon the treasurer of the state 
 therefor. (109 v. 233.) 
 
 SECTION 2313. How authority obtained to make expenditures in 
 case of deficiency or emergency. In case of any deficiency in any of the 
 appropriations for the expenses of an institution, department or commis- 
 sion of the state for any biennial period, or in case of an emergency re- 
 quiring the expenditure of money not specifically provided by law, the 
 trustees, managers, directors or superintendent of such institution, or the 
 officers of such department or commission, may make application to the 
 emergency board for authority to create obligations within the scope of 
 the purpose for which such appropriations were made or to expend money 
 not specifically provided for by law. Such applicant shall fully set forth to 
 the secretary in writing the facts in connection with the case. As soon 
 as can be done conveniently, the secretary shall arrange for a meeting of 
 the board, and shall notify the applicant of the time and place of the 
 meeting and request his presence. No authority to make such expendi- 
 tures shall be granted with the approval of less than two members of the 
 board, who shall sign it. (109 v. 130.) 
 
 SECTION 2313-1. What written authority shall specify and where 
 filed. The written authority provided for in section 2313 shall specify 
 the amount in which and the purposes for which. obligations may be 
 created as therein provided. It shall be filed with the auditor of state 
 LB Sig 13 
 
192 DEPARTMENT OF PUBLIC WELFARE 
 
 and he shall open an account in his office in accordance therewith for the 
 payment of any obligation authorized as provided in section 2313. The 
 applicant receiving such authority shall issue proper vouchers to the 
 auditor of state, as provided by section two hundred and forty-four of 
 the General Code. Upon receipt of such vouchers the auditor, if satisfied 
 as provided in said section that the claim presented is due and payable, 
 shall draw his warrant on the treasurer of state against any appropria- 
 tion for the uses and purposes of the emergency board. (103 v. 445.) 
 
 SECTION 2313-2. Contingent appropriations and how applied. The 
 General Assembly may provide at the time of making appropriations for 
 the expenses of the various institutions, commissions and departments of 
 state a contingent appropriation for the uses and purposes of the 
 emergency board. Such appropriations unless otherwise specifically pro- 
 vided by law shall be applied exclusively to the payment of deficiencies in 
 other current appropriations as provided by sections 2312, 2313, 2313-1. 
 Except as provided in said sections, no officer, board, commission or de- 
 partment of state shall have authority to create any deficiency, nor incur 
 any indebtedness on behalf of the state. The emergency board provided 
 for in said sections may not in any biennial period authorize the expendi- 
 ture of any sum or sums of money exceeding in the aggregate the amount 
 appropriated for the uses and purposes as hereinbefore provided. (103 v. 
 445.) 
 
 SECTION 2313-3. How officer may attend conference or convention 
 outside state; expenses. No executive, legislative or judicial officer, 
 board, commission or employe of the state shall attend at state expense 
 any association, conference or convention outside the state unless author- 
 ized by the emergency board. Before such allowance may be made, the 
 head of the department shall make application in writing to the 
 emergency board showing necessity for such attendance and the probable 
 cost to the state. If a majority of the members of the emergency board 
 approve the application, such expense shall be paid from the emergency 
 fund. (106 v. 183.) 
 
 PUBLIC BUILDING REGULATIONS 
 
 STATE BUILDINGS 
 
 Under Section 154-40 the Department of Highways and Public Works 
 
 is vested with powers and duties of State Building Commission referred 
 to in this chapter. 
 
 SECTION 2314. Plans and estimates. Whenever any building or 
 structure for the use of the state or any institution supported in whole 
 or in part by the state or in or upon the public works of the state that 
 are administered by the superintendent of public works, is to be erected or 
 constructed, or whenever additions or alterations, structural or other im- 
 provements are to be made, or heating, cooling or ventilating plants or 
 other equipment to be installed for the use of the state, or in or upon 
 such public works or in or for an institution supported in whole or in 
 part by the state, or for the supply of material therefor, the aggregate 
 cost of which exceeds three thousand dollars, each officer, board or other 
 authority, upon whom devolves the duty of constructing, erecting, alter- 
 
LAW BULLETIN 193 
 
 ing, or installing the same, hereinafter called the owner shall make or 
 cause to be made, by an architect or engineer whose contract of employ- 
 ment shall be prepared and approved by the attorney general and filed 
 with the auditor of state, the following: full and accurate plans, suitable 
 for the use of mechanics and other builders in such construction, improve- 
 ment, addition, alteration, or installation; and details to scale and full 
 sized, so drawn and represented as to be easily understood; accurate 
 bills showing the exact quantity of different kinds of material necessary 
 to the construction; definite and complete specifications of the work to be 
 performed, together with such directions as will enable a competent 
 mechanic or other builder to carry them out and afford bidders all need- 
 ful informatoin; a full and accurate estimate of each item of expense 
 and of the aggregate cost thereof, and such further data as may be re- 
 quired by the governor, secretary of state and auditor of state acting as 
 and being the state building commission. In the absence of the governor, 
 the secretary to the governor, in the absence of the secretary of state, 
 the assistant secretary of state, and in the absence of the auditor of state, 
 the deputy auditor of state, shall act as members of such commission. 
 (107 v. 453.) 
 
 SECTION 2315. Submission to governor, auditor and secretary of 
 state. The plans, details, bills of material, specifications of work, esti- 
 mates of cost in detail and in the aggregate, form of bidding proposal 
 and bond of bidder and other data that may be required shall be prepared 
 on such material and in such manner and form as may be prescribed by 
 the state building commission, and shall be submitted to such commission 
 for its approval. If so approved the same shall be deposited and safely 
 kept in the office of the auditor of state as the property of the state. 
 (107 v. 453.) 
 
 SECTION 2316. Notice of time and place bids will be received. The 
 
 bond provided for in sections 2315 and 2319 shall be conditioned that, if his 
 
 proposal is accepted, the bidder will within ten days next after the 
 
 awarding of such contract, enter into a proper contract in accordance 
 
 with the proposal, plans, details, specifications and bills of material and 
 that he will faithfully perform each and every condition of the same. 
 
 Such bond shall also indemnify the state against the damage that may be 
 
 suffered by failure to perform such contract according to the provisions 
 
 thereof, and in accordance with the plans, details, specifications and bills 
 
 of material therefor. Such bond shall also be conditioned for the payment 
 of all material and labor furnished for or used in the construction for 
 which such contract is made. The bond may be enforced against the per- 
 son, persons or company executing such bond, by any claimant for labor 
 or material and suit may be brought on such bond in the name of the 
 state of Ohio on relation of the claimant within one year from the date 
 of delivering or furnishing such labor or material, in the court of com- 
 mon pleas of the county wherein such labor or material was furnished 
 or delivered, and such bonds, or sureties thereon shall not be released by 
 the execution of any additional security, notes, retentions from estimates, 
 or other instrument on account of such claim, or for any reason whatso- 
 ever, except the full payment of such claim for labor or material. (107 
 v. 454.) 
 
194 DEPARTMENT OF PUBLIC WELFARE 
 
 SECTION 2317. How notice given, what to contain. After the pro- 
 ceedings required by sections 2314 and 2315 have been complied with, such 
 owner shall give public notice of the time and place when and where pro- 
 posals will be received for performing the labor and furnishing the materi- 
 als of such construction, improvement, alteration, addition or installation. 
 and a contract or contracts therefor awarded, except for materials manu- 
 factured by the state or labor supplied by the Ohio board of administra- 
 tion that may enter into the same. The form of proposal approved by 
 the state building commission shall be used, and a proposal shall be in- 
 valid and not considered unless such form is used without change, altera- 
 tion or addition. Bidders may be permitted to bid upon all the branches 
 of work and materials to be furnished and supplied, or upon any thereof, 
 or alternately upon all or any thereof. (107 v. 454.) 
 
 SECTION 2318. Award of contract. The notice shall be published 
 once each week for four consecutive weeks, the last publication to be at 
 least eight days next preceding the day for opening the bids, in such news- 
 paper or newspapers, and in such form and with such phraseology as the 
 state building commission shall order. Copies of the plans, details, bills 
 of material and specifications shall be open to public inspection at all 
 business hours between the day of the first publication and the day for 
 opening the bids, at the office of the auditor of state, and such other place 
 or places as may be designated in such notice. (107 v. 454.) 
 
 SECTION 2319. Bids may be rejected; further proceedings. On the 
 day and at the place named in the notice, such owner shall open the pro- 
 posals, and shall publicly, with the assistance of the architect, or engi- 
 neer, immediately proceed to tabulate the bids upon triplicate sheets, one 
 of which shall be filed with the auditor of state. A proposal shall be 
 invalid and not considered unless a bond, in the form approved by the 
 state building commission, with sufficient sureties, in a sum equal to the 
 total sum of the proposal, is filed with such proposal, nor unless such pro- 
 posal and bond are filed in one sealed envelope. After investigation which 
 shall be completed within thirty days, the contract shall be awarded by 
 such owner to the lowest bidder, or bidders. No contract shall be entered 
 into until the Industrial Commission of Ohio has certified that the corpor- 
 ation, partnership or person so awarded the contract has complied with 
 each and every condition of the act of February 26, 1913, and of all acts 
 amendatory and supplementary thereto, known as the workmen’s com- 
 pensation law, and until, if the bidder so awarded the contract is a foreign 
 corporation, the secretary of state has certified that such corporation is 
 authorized to do business in this state, and until, if the bidder so awarded 
 the contract is a person or partnership non-resident of this state, such 
 person or partnership has filed with the secretary of state a power of 
 attorney designating the secretary of state as his or its agent for the 
 purpose of accepting service of summons in any action brought under 
 the provisions of section 2316 of the General Code or under the provisions 
 of the workmen’s compensation law; and until the contract and bond 
 shall be submitted to the attorney general and his approval certified 
 thereon. (107 v. 455.) 
 
 SECTION 2320. How plans may be changed. If in the opinion of 
 such owner, the acceptance of the lowest bid or bids is not for the best 
 
LAW BULLETIN 195 
 
 interests of the state, with the written consent of the state building com- 
 mission, they may accept, in their discretion, another proposal so opened 
 or reject all proposals, and advertise for other bids, such advertisement 
 to be for such time, in such form and in such newspaper or newspapers 
 as may be directed by the state building commission. All contracts shall 
 provide that such owner may make any change in work or materials on 
 the conditions and in the manner hereinafter provided. (107 v. 455.) 
 
 SECTION 2321. Allowance for work or material under changed 
 plans. After they are so approved and filed with the auditor of state, no 
 change of plans, details, bills of material or specifications shall be made 
 or allowed unless the same are approved by the state building commis- 
 sion. When so approved, the plans of the proposed change, with detail 
 to scale and full size, specifications of work and bills of material shall be 
 filed with the auditor of state as required with original papers. If such 
 change affects the price, the amount thereof shall likewise receive such 
 approval. (107 v. 455.) 
 
 SECTION 2322. Changes shall be in writing. Whenever such change 
 is approved by the state building commission, accepted in writing by the 
 contractor and filed with the auditor of state, the same shall be considered 
 as being a part of the original contract, and the bond theretofore exe- 
 cuted shall be held to include and cover the same. (107 v. 456.) 
 
 SECTION 2323. Certain costs shall not exceed estimate or amount 
 authorized. No contract shall be entered into pursuant to section 2317 at 
 a price in excess of the entire estimate thereof. Nor shall the entire cost 
 of the construction, improvement, alteration, addition or installation in- 
 cluding changes and estimates of expenses for architects or engineers, 
 exceed in the aggregate the amount authorized by law for the same 
 (107 v. 456.) 
 
 SECTION 2324. Estimates of labor and materials. At the time 
 named in the contract for payment to the person or persons with whom 
 it is made, such owner shall make or cause to be made, in such manner 
 and form as shall be prescribed by the auditor of state, a full, accurate 
 and detailed estimate of the various kinds of labor performed and ma- 
 terial furnished thereunder with the amount due for each kind of labor 
 and material and the material and the amount due in the aggregate, 
 which estimate shall be based upon actual measurement of such labor and 
 materials, and shall give the amounts of the preceding estimate or esti- 
 mates and the amount of labor performed and materials furnished since 
 the last estimate. From the total of such estimate the architect or 
 engineer shall deduct five per centum which shall be retained as addi- 
 tional security for the faithful performance of the contract. (107 v. 456.) 
 
 SECTION 2325. Record of estimates; payments. Such estimates 
 shall be filed by such owner, and a certified copy thereof delivered to the 
 auditor of state. Upon all estimates of material furnished and delivered 
 but not actually having entered into and become a part of such building, 
 construction, alteration, addition, installation or improvement, and which 
 has been inspected and approved by the architect or engineer and his cer- 
 tificate therefor attached to such estimate, there shall be paid a sum not 
 to exceed fifty per centum of such estimated value, and thereupon such 
 
196 DEPARTMENT OF PUBLIC WELFARE 
 
 material shall become the property of the state. The balance of such 
 estimate shall be paid when such material is incorporated into and be- 
 comes a part of such building, construction, addition, improvement, alter- 
 ation, or installation. (107 v. 456.) 
 
 SECTION 2326. (1326.) Warrant on estimates; five per cent. re- 
 tained as security. On receipt of an estimate, the auditor of state shall 
 carefully compare it with the contract under which the labor was per- 
 formed or materials furnished, and with all previous estimates. If he 
 finds such estimate correct, he shall number and place it on file, make a 
 record thereof, and draw a warrant therefor for the amount thereof less 
 deductions shown thereon. When the labor to be performed and ma- 
 terials furnished under the contract is performed and are furnished and 
 a final estimate thereof made, the architect or engineer shall add to such 
 estimate the total sum of the five per centum deductions made upon all 
 preceding estimates. (107 v. 456.) 
 
 SECTION 2327. Payment of warrants. The treasurer of the state 
 shall pay the warrants issued by the auditor of state under the provisions 
 of this chapter, place them on file and keep a register of the names of the 
 person or persons to whom they are paid. (70 v. 102.) 
 
 SECTION 2328. Duties of trustees if contractor fails to perform con- 
 tract. When in the opinion of such owner, the work under any contract 
 made in pursuance of the foregoing provisions of this chapter or any law 
 of the state is neglected by the contractor or such work is not prosecuted 
 with the diligence and force specified or intended in the contract, such 
 owner may make requisition upon the contractor for such additional 
 
 ‘specific force or materials to be brought into the work under such con- 
 tract or to remove improper materials from the grounds as in their judg- 
 ment the contract and its faithful fulfillment requires. (107 v. 457.) 
 
 SECTION 2329. Proceedings if contractor fails to comply with 
 -equisition. Not less than five days’ notice in writing of such action shall 
 be served upon the contractor or his agent in charge of the work. If the 
 contractor fails to comply with such requisition within fifteen days, such 
 owner, with the written consent of the governor, auditor of state and 
 secretary of state, may employ upon the work the additional force, or 
 supply the special materials or such part of either, as they deem proper, 
 and may remove improper materials from the grounds. (107 v. 457.) 
 
 SECTION 2330. Recovery against contractor. Such owner shall make 
 separate estimates of all additional force or materials so employed or 
 supplied, which, being certified by them, shall be paid by the auditor of 
 state. The amount so paid shall be charged against the contractor and 
 be deducted from his next or any subsequent estimate. The amount or 
 any part thereof not so paid may be recovered by action from such con- 
 tractor and his sureties. (107 v. 457.) 
 
 SECTION 2331. Contract shall contain provisions as to time of com- 
 pletion. All contracts under the provisions of this chapter shall contain 
 provision in regard to the time when the whole or any specified portion of 
 work contemplated therein shall be completed and that for each and 
 every day it shall be delayed beyond the time so named the contractor 
 shall forfeit and pay to the state a sum to be fixed in the contract, which 
 
LAW BULLETIN 197 
 
 shall be deducted from any payment or payments due or to become due 
 the contractor. (70 v. 102.) 
 
 SECTION 2332. Duty of attorney general. The attorney general 
 shall have charge of and direct the proceedings necessary to enforce con- 
 tracts authorized by the preceding provisions of this chapter. (70 v. 102.) 
 
 COUNTY BUILDINGS 
 
 SECTION 2333. Building commission. When county commissioners 
 have determined to erect a court house or other county building at a cost 
 to exceed twenty-five thousand dollars, they shall submit the question of 
 issuing bonds of the county therefor to vote of the electors thereof. If 
 determined in the affirmative, within thirty days thereafter, the county 
 commissioners shall apply to the judge of a court of common pleas of the 
 county who shall appoint four suitable and competent freehold electors 
 of the county, who shall in connection with the county commissioners con- 
 stitute a building commission and serve until its completion. Not more 
 than two of such appointees shall be of the same political party. (98 
 a De.) 
 
 SECTION 2334. Compensation of commissioners. The persons so ap- 
 pointed shall receive a reasonable compensation for the time actually 
 employed, to be fixed by the court of common pleas and on its approval 
 paid from the county treasurer. Their compensation in the aggregate 
 shall not exceed two and one-half per cent. of the amount received by 
 the county from taxes raised or from the sale of bonds for the purpose 
 of constructing the building. (98 v. 538.) 
 
 SECTION 2335. Expenses of commission. The necessary expenses 
 for stationery, postage, correspondence and travel out of the county re- 
 quired in the discharge of the duties of the commission shall be paid from 
 the county treasury on the order of the county commissioners and the 
 warrant of the auditor. (98 v. 53.) 
 
 SECTION 2336. Oath and bond. Before entering upon the discharge 
 of their duties, the persons so appointed shall each take an oath of office 
 and give bond for the faithful and honest discharge of his duties in the 
 same amount as required of county commissioners, with sureties approved 
 by the judge of the court of common pleas. Such bond shall be delivered 
 to the county treasurer and kept in his office. (98 v. 53.) 
 
 SECTION 2337. Vacancies. In case of the death, resignation or re- 
 moval of any such member of such building commission, the vacancy shall 
 be filled by appointment by the common pleas judge, as hereinbefore 
 provided. (98 v. 53.) 
 
 SECTION 2338. Contracts. After adopting plans, specifications and 
 estimates, the commission shall invite bids and award contracts for the 
 building and for furnishing, heating, lighting and ventilating it, and for 
 the sewerage thereof. Until the building is completed and accepted, by 
 the building commission, it may determine all questions connected there- 
 with, and shall be governed by the provisions of this chapter relating to 
 the erection of public buildings of the county. (98 v. 53.) 
 
198 DEPARTMENT OF PUBLIC WELFARE 
 
 SECTION 2339. Architects, superintendents and employes. The 
 commission may employ architects, superintendents and other necessary 
 employes during such construction and fix their compensation and bond. 
 (97 v. 112.) 
 
 SEcTION 2340. Plans, drawings, etc., filed with county auditor. 
 When approved by the building commission, plans, drawings, representa- 
 tions, bills of materials, specifications of work and estimates of costs 
 thereof shall be filed by the county auditor in his office and shall not be 
 altered, unless such alteration shall first be drawn, specified and estimated 
 as required by law for the original plans and approved by the building 
 commission. No such change shall be made until the price to be paid 
 therefor shall have been agreed upon in writing between the commission 
 and the contractor. (97 v. 112.) 
 
 SECTION 2341. Proceedings of building commission. Resolutions 
 for the adoption or alteration or plans or specifications, or awards of 
 contracts, hiring of architects, superintendent or other employes and the 
 fixing of their compensation, the approval of bonds, and the allowance 
 of estimates shall be in writing and require for their adoption the votes 
 of five members of the commission, taken by yeas and nays recorded on 
 the journal of the county commissioners. When signed by five members 
 of the commission, the county auditor shall draw his warrant on the 
 county treasurer for the payment of all bills and estimates of such com- 
 mission. (97 v. 113.) 
 
 SECTION 2342. Record of proceedings. Full and accurate records 
 ot all proceedings of the commission shall be kept by the county auditor 
 upon the journal of the county commissoiners. He shall carefully pre- 
 serve in his office all plans, drawings, representations, bills of materials, 
 specifications of work and estimates of cost in detail and in the aggregate 
 pertaining to the building. (97 v. 113.) 
 
 SECTION 2343. Plans, estimates, etc., for building and bridge sub- 
 structures. When it becomes necessary for the commissioners of a county 
 to erect or cause to be erected a public building, or substructure for 2 
 bridge, or an addition to or alteration thereof, before entering into any 
 contract therefor or repair thereof or for the supply of any materials 
 therefor, they shall cause to be made by a competent architect or civil! 
 engineer the following: full and accurate plans showing all necessary 
 details of the work and materials required with working plans suitable 
 for the use of mechanics or other builders in the construction thereof, so 
 drawn as to be easily understood; accurate bills, showing the exact 
 amount of the different kinds of material necessary to the construction, 
 to accompany the plans; full and complete specifications of the work to 
 be performed showing the manner and style required to be done, with 
 such directions as will enable a competent builder to carry them out, and 
 afford to bidders all needful information; a full and accurate estimate of 
 each item of expense, and of the aggregate cost thereof. 
 
 Nothing in this section shall prevent the commissioners from receiv- 
 
 ing from bidders on iron or reinforced concrete substructures for bridges 
 the necessary plans and specifications therefor. (98 vy. 21.) 
 
LAW BULLETIN 199 
 
 SECTION 2348. Approval of plans, etc., for court house or jail. If 
 the plans, drawings, representations, bills of material and specifications 
 of work, and estimates of the cost thereof in detail and in the aggregate. 
 required in the preceding sections relate to the building of a court house 
 or jail, or an addition to or alteration, repair or improvement thereof, 
 they shall be submitted to the commissioners, together with the clerk of 
 the court, the sheriff and probate judge, and one person to be appointed 
 by the judge of the court of common pleas, for their approval. If ap- 
 proved by a majority of them, a copy thereof shall be deposited with the 
 county auditor, and kept in his office. (85 v. 218.) 
 
 SECTION 2394. Approval of plans, etc., for infirmary. If the 
 plans, drawings, representations, bills of material and specifications of 
 work and estimates of the cost thereof relate to the building, addition to, 
 or alteration of an infirmary, they shall be submitted to the commission- 
 ers. If approved by a majority of them, a copy thereof shall be deposited 
 in the office of the auditor and kept for the inspection and use of parties 
 interested. (108 v. Pt. I, 267.) 
 
 SECTION 2351. Approval of plans, etc., for children’s home. If the 
 
 plans, drawings, representations, bills of material, specifications of work 
 
 and estimates relate to the building of a children’s home, they shall be 
 submitted to the commissioners and three citizens of the county, to be 
 appointed by a resident judge of the court of common pleas, or a judge 
 residing in the same subdivision of the judicial district. If approved by 
 a majority of them, a copy thereof shall be deposited with the county 
 auditor and kept by him for the inspection of parties interested. Before 
 such plans are adopted, they shall be submitted to the state board of 
 charities for suggestions and criticisms. The commissioners of counties 
 composing a district for the purpose of establishing a district children’s 
 home, in letting contracts for the necessary buildings or the repair or 
 alteration thereof, shall be governed by the law relating to letting con- 
 tracts for erecting, repairing or altering other public buildings. (85 v. 
 220.) 
 
 SECTION 2352. Advertisements for proposals. When plans, draw- 
 ings, representations, bills of material, specifications and estimates are so 
 made and approved the county commissioners shall give public notice in 
 two of the principal papers in the county having the largest circulation 
 therein, of the time when and the place where sealed proposals will be 
 received for performing the labor and furnishing the materials necessary 
 to the erection of such building, bridge or bridge substructure, or addi- 
 tion to or alteration thereof, and a contract based on such proposals will 
 be awarded. If there is only one paper published in the county, it shali 
 be published in such paper. The notice shall be published weekly for four 
 consecutive weeks next preceding the day named for making the contract, 
 and state when and where such plan or plans, descriptions, bills and 
 specifications can be seen. They shall be open to public inspection at all 
 reasonable hours, between the date of such notice and the making of such 
 contract. (98 v. 19.) 
 
 SECTION 2353. When advertisement unnecessary. When the esti- 
 mated cost of a public building, bridge or bridge substructure or of mak- 
 
200 THE DEPARTMENT OF PUBLIC WELFARE 
 
 ing an addition to or repair thereof does not exceed one thousand dollars, 
 it shall be let as heretofore provided, but notice of the letting need be 
 given for only fifteen days, by posting on a bulletin board or by writing 
 on a blackboard in a conspicuous place in the county commissioners’ or 
 auditor’s office, showing the nature of the letting and when and where 
 proposals in writing will be received. Plans or specifications, or both 
 as hereinbefore provided shall be kept on file during the fifteen days and 
 open to public inspection. (98 v. 19.) 
 
 SECTION 2354. Private contract. When the estimated cost of a 
 public building, bridge or bridge substructure or of making an addition 
 thereto or repair thereof does not exceed two hundred dollars, it may be 
 let at private contract without publication or notice. (98 v. 19.) 
 
 SECTION 2355. Adjournment of letting of contracts from day to 
 day. If they fail to make a contract as herein provided, on the day 
 named in the notice, the commissioners may continue from day to day 
 until it is made. Such contract, so far as it relates to the public build- 
 ings or bridge substructures, shall be awarded to and made with the 
 person who offers to perform the labor and furnish materials at the low- 
 est price, and gives good and sufficient bond for the faithful performance 
 of the contract in accordance with the plan or plans, descriptions or speci- 
 fications herein required, which shall be made a part of the contract. 
 (938 v. 83.) 
 
 SECTION 2356. Contract submitted to prosecuting attorney. Before 
 work is done or material furnished, all contracts that exceed one thousand 
 dollars in amount shall be submitted by the commissioners to the prosecut- 
 ing attorney of the county. If found by him to be in accordance with 
 the provisions of this chapter, and his certificate to that effect is indorsed 
 thereon, such contracts shall have full force and effect, otherwise they 
 shall be null and void. (93 v. 83.) 
 
 SECTION 2357. Commissioners may annul old and make new con- 
 tracts. If a contractor fails or refuses to proceed with the work specified 
 in his contract in accordance with the plans, descriptions and specifica- 
 tions attached to and made part thereof, the commissioners may annul 
 such contract, and shall proceed to make another contract for the com- 
 pletion thereof, in accordance with the provisions of this chatper. (93 
 v. 83.) 
 
 SECTION 2358. Contract shall not be made for price exceeding 
 estimate. No contract shall be made for a public building, bridge or 
 bridge substructure, or for any addition to, change, improvement or re- 
 pair thereof, or for the labor and materials herein provided for, at a 
 price in excess of the estimates required to be made by the preceding 
 sections. (85 v. 218.) 
 
 SECTION 2359. Estimates of work done, material furnished, etc., 
 record. At the times named in the contract for payment to the person 
 with whom it was made, the county commissioners, or an architect em- 
 ployed by them to superintend the construction, shall make a full, ac- 
 curate and detailed estimate of the various kinds of labor and material 
 performed and furnished thereunder, the amount due for each kind of 
 labor and material and the aggregate thereof, which estimate shall give 
 
LAW BULLETIN 201 
 
 the amount of preceding estimates, and the amount of labor performed 
 or material furnished since last estimate. Such estimate shall be recorded 
 in a book provided by the commissioners, and kept by the auditor, who 
 shall furnish copies of all such estimates to the contractor or contractors 
 as they are from time to time made. (85 v. 222.) 
 
 SECTION 2360. Duty of county auditor as to estimates. When pre- 
 sented to him, the county auditor shall compare such estimate carefully 
 with the contract or contracts under which such labor or materials were 
 furnished, and with previous estimates. If he finds the last estimate 
 correct, he shall number it, place the original on file, make a record 
 thereof, and give to the person entitled thereto, a warrant on the county 
 treasurer for the amount shown by the estimate to be due, retaining five 
 per cent. thereon as additional security for the faithful performance of 
 the contract. The amount retained shall be forfeited to the county if 
 the contractor fails to conform to the terms and conditions of the con- 
 tract. When the labor under such contract is completed or materials 
 furnished, and a final estimate thereof is made, to the acceptance of the 
 commissioners, architect, or builder employed by them, the county auditor 
 shall include in his warrant the percentages so retained on former esti- 
 mates. (66 v. 52.) 
 
 SECTION 2361. Duty of county treasurer. The treasurer of the 
 county shall pay the warrants drawn under the preceding section, place 
 them on file, and keep a register of the names of the person or persons to 
 whom they are paid. (66 v. 52.) 
 
 GENERAL PROVISIONS 
 
 SECTION 2362. Separate bids for work and material. An officer, 
 board or other authority of the state, a county, township, city, village, 
 school or road district or any public institution belonging thereto, 
 authorized to contract for the erection, repair, alteration or rebuilding 
 of a public building, institution, bridge, culvert or improvement and re- 
 quired by law to advertise and receive proposals for furnishing of materials 
 and doing the work necessary for the erection thereof, shall require sep- 
 arate and distinct proposals to be made for furnishing such materials 
 or doing such work or both, in their discretion, for each separate and 
 distinct trade or kind of mechanical labor, employment or business enter- 
 ing into the improvement. (85 v. 218.) 
 
 SECTION 2363. When contract shall not be awarded for entire work. 
 When more than one trade or kind of mechanical labor, employment or 
 business is required no contract for the entire job, or for a greater por- 
 tion thereof than is embraced in one such trade or kind of mechanical 
 labor shall be awarded, unless the separate bids do not cover all the work 
 and materials required or the bids for the whole or for two or more 
 kinds of work or materials are lower than the separate bids therefor in 
 the aggregate. (85 v. 218.) 
 
 SECTION 2364. Each contract shall be for only one class of labor 
 or material; exceptions. The contract for doing the work belonging to 
 each separate trade or kind of mechanical labor, employment or business 
 
202 THE DEPARTMENT OF PUBLIC WELFARE 
 
 or for the furnishing of materials therefor, or both, shall be awarded 
 by such officer, board or other authority in its discretion, to the lowest 
 and best separate bidder therefor, and shall be made directly with him 
 or them in the manner and upon the terms, conditions and limitations as 
 to giving bond with security and otherwise as prescribed by law, unless 
 it is let as a whole, or to bidders for more than one kind of work or ma- 
 terials. The provisions of this and the preceding two sections shall not 
 apply to the erection of buildings and other structures of a less cost than 
 ten thousand dollars. (85 v. 218.) 
 
 SECTION 2365. Limitations on bonds; qualifications of sureties, 
 The bonds provided for in this chapter required to be taken by a board or 
 officer of the county, township, city, village or school district of the state 
 shall not exceed fifty per cent. of repairing, altering or rebuilding thereof. 
 The officers named herein may require the person or persons on the bond 
 of the successful bidder or bidders to qualify that they are residents of 
 the state, and jointly worth a greater sum than the amount named in the 
 bond over and above all liabilities and exemptions allowed by law. (85 
 We eos) 
 
 SECTION 2365-1. Bond and additional obligation of contractor to 
 pay subcontractors and material men. That when public buildings or 
 other public work or improvements are about to be constructed, erected, 
 altered or repaired under contract, at the expense of the state, or any 
 county, city, village, township or school district thereof, it shall be the 
 duty of the board, officer or agent contracting on behalf of the state, 
 county, city, village, township, or school district, to require the usual bond 
 as provided for in statute with good and sufficient sureties, with an ad- 
 ditional obligation for the payment by the contractor, and by all subcon- 
 tractors, for all labor performed or materials furnished in the construc- 
 tion, erection, alteration or repair of such building, work or improve- 
 ments. (107 v. 642.) 
 
 SECTION 2365-2. Approval of bond; conditions. Such bond shall 
 be executed by such contractor with such sureties as shall be approved 
 by the board, officer, or agent acting on behalf of the state, county, city, 
 village, township or school district aforesaid, in an amount equal to at 
 least fifty per cent. (50%) of the contract price, and conditioned for the 
 payment by the contractor and by all sub-contractors, of all indebted- 
 ness which may accrue to any person, firm or corporation, on account 
 of any labor performed or materials furnished in the construction, erec- 
 tion, alteration or repair of such building, works or improvement. Such 
 bond shall be deposited with, and held by, such board, officer or agent 
 for the use of any party interested therein. (107 v. 642.) 
 
 SECTION 2365-3. Creditor shall furnish statement of amount due 
 to sureties. Any person, firm or corporation to whom any money shall 
 be due on account of having performed any labor, or furnished any 
 material in the construction, erection, alteration or repair of any such 
 building, work or improvement, within ninety (90) days after the accept- 
 ance thereof by the duly authorized board or officer, shall furnish the 
 sureties on said bond a statement of the amount due to any such person, 
 
LAW BULLETIN 203 
 
 firm or corporation. No suit shall be brought against said sureties on 
 said bond until the expiration of sixty (60) days after the furnishing of 
 said statement. If said indebtedness shall not be paid in full at the ex- 
 piration of said sixty days, said person, firm or corporation may bring 
 an action in his own name upon such bond, as provided in sections 11242 
 and 11243 of the General Code of the state of Ohio, said action to be 
 commenced within one year from the date of the acceptance of said 
 building, work or improvement. (107 v. 642.) 
 
 SECTION. 2365-4. Form of bond. The bond hereinbefore provided 
 for shall be in substantially the following form, and recovery of any 
 claimant thereunder shall be subject to the conditions and provisions of 
 this act to the same extent as if such conditions and provisions were 
 fully incorporated in said bond form: 
 
 KNOW ALL MEN BY THESE PRESENTS, that we the under- 
 
 Per Rete te cg rs Male eiaicie UM EW olelh votes aenecanr as principal 
 PON MP RE ne ree R eal e creche carats sc iicle Gale MAAR ereTe eee torts Gimhs as sureties, 
 Peeeieeeoy NelG sid tirtaly POUNG UNO: <. vss s Ges ce eels Cee ag pecans 
 _ A Ie Ee eee in the penal SUI Ole ve cass scons o/c COUSES, 
 
 for the payment of which well and truly to be made, we hereby jointly 
 and severally bind ourselves, our heirs, executors, administrators, suc- 
 cessors and assigns. 
 
 STONC CMO IS mers perenne tala o tac tehe ate octotroieret. Gay Of vores aie aoe a! Pa 
 THE CONDITION OF THE ABOVE OBLIGATION IS SUCH, 
 that whereas the above named principal did on the.............. day of 
 
 _ aay od Sty eee ee ee , 19.50, enter into a contract) with: <2... 
 Pe ids Gad Saag ao Suid ps o/h Oa which said contract is made a part of 
 this bond the same as though set forth herein; 
 
 NO get Ele 2: Ra eee ag ay ee OU ee SAE ae a shall well 
 and faithfully do and perform the things agreed by..............e0e00. 
 to be done and performed according to the terms of said contract; and 
 shall pay all lawful claims of sub-contractors, material men and laborers, 
 for labor performed and materials furnished in the carrying forward, 
 performing or completing of said contract; we agreeing and assenting 
 that this undertaking shall be for the benefit of any material man or 
 laborer having a just claim, as well as for the obligee herein; then this 
 obligation shall be void; otherwise the same shall remain in full force 
 and effect; it being expressly understood and agreed that the liability 
 of the surety for any and all claims hereunder shall in no event exceed 
 the penal amount of this obligation as herein stated. 
 
 The said surety hereby stipulates and agrees that no modifications, 
 omissions, or additions, in or to the terms of the said contract or in or 
 to the plans or specifications therefor shall in any wise affect the obliga- 
 tion of said surety on its bond. (107 v. 642.) 
 
 SECTION 2366. Penalty. Whoever being an officer, violates any 
 provision of this chapter shall be fined in any sum not to exceed one 
 thousand dollars. (85 v. 222.) 
 
 SECTION 2419. Buildings, vaults, comfort stations, safes for county 
 purposes; equipment. A court house, jail, public comfort station, offices 
 
204 DEPARTMENT OF PUBLIC WELFARE 
 
 for county officers and an infirmary shall be provided by the commis- 
 sioners when in their judgment they or any of them are needed. Such 
 buildings and offices shall be of such style, dimensions and expense as 
 the commissioners determine. They shall also provide all the equipment 
 stationery and postage, as the county commissioners may deem neces- 
 sary for the proper and convenient conduct of such offices, and such 
 facilities as will result in expeditious and economical administration of 
 the said county offices. They shall provide all room, fire and burglar- 
 proof vaults and safes and other means of security in the office of the 
 county treasurer, necessary for the protection of public moneys and 
 property therein. (108 v. Pt. I, 387.) 
 
 SECTION 2419-1. Commissioners may contract with cities for main- 
 tenance of county poor. In any county containing a city which has an 
 infirmary, it shall be competent for the commissioners of such county, 
 (if they find it will be conducive to economy), to agree with the director 
 of public safety or his successor, or the proper person, persons or board 
 in charge or control of the same of such city upon terms and conditions 
 for the care and maintenance of the county’s poor in such city’s infirm- 
 ary, and for such city to receive and care for such county poor in its 
 infirmary in accordance with such agreement. The cost and expense of 
 maintaining the county poor in the city infirmary shall be paid out of 
 the county poor fund on the allowance of the county commissioners. 
 (103 v. 577.) 
 
 COUNTY COMMISSIONERS 
 
 SECTION 2419-2. County may lease jail to municipality. The 
 county commissioners may by agreement with the city council, the di- 
 rector of public safety or his successor or the persons or board charged 
 with the erection, maintenance or repair of police stations, jails, police 
 and municipal court houses and court rooms, lease to any municipal 
 corporation in said county suitable quarters in county buildings (erected 
 or to be erected) for municipal courts, police stations, police courts, 
 prosecutors’ offices, probationers’ offices and other similar municipal pur- 
 poses. Whenever the commissioners of any county have made an agree- 
 ment with a municipal corporation as herein provided, such commission- 
 ers may erect county building anticipating and making provision for such 
 municipal quarters. (107 v. 503.) 
 
 See Sections 5627 to 5639. 
 
 SECTION 2419-3. Change of name from “county infirmary to “county 
 home.” The institutions known as “county infirmaries” of the various 
 counties of the state shall be known hereafter as “county homes.” The 
 words “infirmary” or “county infirmary” whenever they occur in the 
 General Code of Ohio shall be construed to read “county home.” The 
 county commissioners of each county shall within sixty days after the 
 taking effect of this act, provide a suitable sign or placard bearing the 
 name “County Home” and place such sign on the building or grounds 
 
 of such institution, displacing the original placard or sign. (108 v. Pt. 
 I, 68.) 
 
LAW BULLETIN 205 
 
 SECTION 2433. Purchase of land for buildings. When, in their opin- 
 
 ion, it is necessary, the commissioners may purchase a site for a court 
 house, or jail, or land for an infirmary or a detention home, public market 
 place, or market house, or additional land for an infirmary or county 
 children’s home at such price and upon such terms of payment, as are 
 agreed upon between them and the owner or owners of the property. The 
 title to such real estate shall be conveyed in fee simple to the county. 
 menos v. Pt. I, 627.) 
 
 SECTION 2434. Power to borrow money and issue bonds. For the 
 execution of the objects stated in the preceding section, or for the purpose 
 of erecting or acquiring a building in memory of Ohio soldiers, or for a 
 court house, county offices, jail, county infirmary, detention home, public 
 market house, or additional land for an infirmary or county children’s 
 home or other necessary buildings or bridges, or for the purpose of en- 
 larging, repairing, improving, or rebuilding thereof, or for the relief or 
 support of the poor, the commissioners may borrow such sum or sums of 
 money as they deem necessary, at a rate of interest not to exceed six per 
 cent. per annum, and issue the bonds of the county to secure the payment 
 of the principal and interest thereof. 
 
 Provided, that if the judge designated to transact the business aris- 
 ing under the jurisdiction provided for in section 1639 of the General 
 Code of the state of Ohio, shall advise and recommend in writing to the 
 county commissioners of any county the purchase of land for and the 
 erection of a place to be known as a detention home, or additional land 
 for an infirmary or county children’s home, the commissioners without 
 first submitting the question to the vote of the county may levy a tax for 
 either or both of such purposes in an amount not to exceed in any one 
 year two-tenths of one mill for every dollar of taxable property on the 
 tax duplicate of said county. (108 v. Pt. I, 627.) 
 
 SECTION 2435. Interest on such bonds. The interest on such bonds 
 shall be paid semi-annually, at the county treasury, and the principal 
 shall be paid at such treasury at such time as the commissioners pre- 
 scribe, within thirty years from the date of such indebtedness. The in- 
 terest on all bonds issued for any such purpose shall become due and 
 payable at the same time. The first payment of interest on any such 
 bonds shall be for such portion of the six months as elapsed between the 
 date of issue and the time specified therein for the first payment of in- 
 terest thereafter, provided that in the case of bridges over streams or 
 abandoned turnpikes, the provision of law requiring the submission of 
 the question to the voters shall not apply. (97 v. 117.) 
 
 SECTION 24386. May sell bonds to rebuild infirmary. For the pur- 
 pose of rebuilding an infirmary, or court house, destroyed by fire or other 
 casualty, the commissioners of a county may appropriate money, levy 
 tax, issue and sell bonds of such county in anticipation thereof, in an 
 amount not to exceed fifty thousand dollars without first submiting to the 
 voters of said county, the question of rebuilding such infirmary or court 
 house, appropriating such money, levying such taxes and issuing and sell- 
 ing such bonds. And hereafter the county commissioners, in the con- 
 struction of all court houses and offices for county officials shall provide 
 
206 DEPARTMENT OF PUBLIC WELFARE 
 
 fire proof vaults therein in which shall be kept all the valuable records 
 and documents belonging to the county. The provisions of section twenty- 
 four hundred and forty-four and fifty-six hundred and sixty of the Gen- 
 eral Code shall not apply to the making of any of the improvements men- 
 tioned in this section. (101 v. 135.) 
 
 SECTION 2437. Temporary infirmary buildings. In the county in 
 which the county infirmary building or buildings are condemned by the 
 board of health the commissioners thereof may construct temporary 
 buildings, appropriate money, levy tax and issue and sell bonds of such 
 county, where necessary, in anticipation of such levy, in an amount not 
 to exceed ten thousand dollars for the purpose of building such tem- 
 porary infirmary building or buildings, without first advertising for bids 
 as required by law. (97 v. 169.) 
 
 SECTION 2438. Bonds issued to refund outstanding bonds. The 
 bonds so issued may be used to refund any bonds outstanding, which 
 were issued for the purpose of purchasing the lands or erecting the 
 buildings so acquired by the commissioners. Such bonds shall be signed 
 by the commissioners, or any two of them countersigned by the auditor, 
 be with or without coupons and specify distinctly the object, for which 
 they were issued. They shall be in sums not less than fifty or more than 
 one thousand dollars each, payable to bearer at the county treasury, 
 with interest, at such times, not exceeding thirty years after date, as the 
 commissioners prescribe. (99 v. 205.) 
 
 SECTION 2488-1. Procedure when county auditor unable to sign 
 bonds because of absence or disability. Whenever, in the issuing of 
 bonds by the board of commissioners of any county, the signature of the 
 county auditor is necessary, either to such bonds or to any documents or 
 certificate in connection therewith, and by reason of the absence or dis- 
 ability of such county auditor it is impossible to obtain his signature 
 thereto, on application by the board of county commissioners to the 
 common pleas court of such county, such court shall designate a deputy 
 to such county auditor, or if there be no such deputy available, some 
 other suitable person, to sign the name of such county auditor and if 
 necessary, to affix his seal, to such bonds, documents or certificates, or 
 any or all of them. In any such case such deputy or other person shall 
 sign his own name beneath that of the county auditor and his signature 
 shall be preceded by the words “Signed by” and followed by the words 
 “Pursuant to order of the common pleas court of said county.” All 
 bonds, documents or certificates so signed shall have the same validity, 
 force effect as though signed personally by the county auditor. (109 
 Vaio, 
 
 SECTION 2439. Levy of tax for interest. Annually at their June 
 session, the commissioners shall levy such amount of taxes as will pay 
 the interest on such indebtedness and at least one-thirtieth of the prin- 
 cipal. The property in any city which supports the poor thereof at its own 
 expense exclusively shall not be taxed for indebtedness created by the 
 purchase of lands, the erection, repair, alteration, or improvement of a 
 building or buildings for the infirmary. (99 v. 205.) 
 
LAW BULLETIN 207 
 
 SECTION 2440. When county auditor shall levy taxes. If the com- 
 missioners refuse or neglect to levy such tax regularly, as herein pro- 
 vided, the county auditor shall levy the tax upon the taxable property 
 of the county, and place it upon the tax list. All taxes levied and col- 
 lected under the provisions of this chapter shall be applied to the specific 
 objects for which they are levied, and no others. (66 v. 52.) 
 
 SECTION 2446. For what purpose may appropriate. When in the 
 opinion of the commissioners it is necessary to procure real estate, or 
 the right of way, or easement for a court house, jail, or public offices, or 
 for a bridge and the approaches thereto, or other lawful structure, or 
 public market place or market house, and they and the owner or owners 
 thereof are unable to agree upon its purchase and sale, or the amount 
 of damages to be awarded therefor, the commissioners may appropriate 
 such real estate, right of way or easement, and for this purpose they 
 shall cause an accurate survey and description to be made of the parcel 
 of land needed for such purpose, or in case of a bridge, or the right of 
 way and easement required and shall file it with the probate judge. 
 Thereupon the same proceedings shall be had, as are provided for the 
 appropriation of private property by municipal corporations. (108 v. 
 it. 1, 628.) 
 
 SECTION 2447. Sale of real estate not needed; application of pro- 
 ceeds. If, in their opinion, the interests of the county so required, the 
 commissioners may sell any real estate belonging to the county, and not 
 needed for public use; and, in case of the sale of such real estate not 
 used for county purposes, the proceeds of such sale or such parts there- 
 of as the board of commissioners may designate may be placed by the 
 commissioners in a separate fund to be used only for the construction, 
 equipment, maintenance or repair of other county buildings, and the 
 provisions of Section 5638 of the General Code shall not apply to appro- 
 priations or expenditures of said fund. (106 v. 399.) 
 
 SECTION 2447-1. Procedure in sale of real estate. No sale of such 
 real estate shall be made unless authorized by a resolution adopted by a 
 majority of such commissioners. When such sale is so authorized a deed 
 therefor shall be made by such board of county commissioners only to 
 the highest responsible bidder, after advertisement once a week for five 
 consecutive weeks in a newspaper of general circulation within such 
 county. Such board of county commissioners may reject any or all bids 
 and readvertise until all such real estate is sold. (106 v. 400.) 
 
 SECTION 2448. Purchase of land for hospital for insane. The board 
 of commissioners of a county owning, or wholly or partly maintaining a 
 hospital for the care of the insane, may purchase or acquire additional 
 real estate which in the judgment of the directors or trustees in charge 
 of such hospital is necessary for its use. (97 v. 81.) 
 
 SECTION 2449. When such land may be condemned. If the board 
 of commissioners are unable to agree with the owner or owners of the 
 land for the purchase thereof, it may appropriate such land. For that 
 purpose, the board shall cause an accurate survey and description there- 
 L B Sig 14 
 
208 DEPARTMENT OF PUBLIC WELFARE 
 
 of to be made and filed together with a petition for such appropriation 
 with the probate judge of the county. Thereupon like proceedings shall 
 be had in the name of the board as in case of the appropriation of 
 private property by municipal corporations. (97 v. 81.) 
 
 SECTION 2450. How such land paid for. Payment for property so 
 purchased or appropriated shall be made from the general funds in the 
 county treasury to the credit of such hospital. (97 v. 82.) 
 
 SOCIAL CENTERS 
 
 SecTION 2457-3. (Sec. 2457-67.) Organization and maintenance of 
 civic and social centers. Boards of county commissioners shall be and are 
 hereby authorized at their discretion to provide for the organization and 
 maintenance of civic and social centers throughout the county, to employ 
 an expert director who shall superintend and administer the same, and to 
 levy a tax and create a fund for the payment of all expenses involved 
 in the social, and educational work contemplated in this act; provided, 
 however, that any municipality carrying on similar work shall, at the 
 option of the city council or other governing body, be exempt from the 
 operation of this act. The board of county commissioners at their option 
 may, or, upon petition of ten per cent. of the qualified school electors of 
 the county shall refer the question, of providing for this social, edu- 
 cational and recreational work to a vote of the aforesaid electors of the 
 county or of such portions of the same as are affected by this act. (103 
 Vv, 100;) 
 
 SECTION 2497. Institutions subject to inspection of commissioners 
 or board of health. Each public or private hospital, reformatory home, 
 house of detention, private asylum, reformatory and correctional institu- 
 tion shall be open at any and all times to the inspection of the commis- 
 sioners of the county or the board of health of the township or other 
 municipality, in which such institution is situated. (92 v. 212 § 1.) 
 
 SECTION 2498. Semi-annual visit of commissioners. Each and every 
 county commissioner shall visit, unannounced, at least once in every six 
 months, each private or public hospital, reformatory home, house of de- 
 tention, private asylum, or any institution exercising or pretending to 
 exercise a reformatory or correctional influence over individuals, situated: 
 in his county, and note its sanitary conditions, and the condition and 
 treatment of the inmates thereof. (92 v. 212.) 
 
 SECTION 2499. Report of investigations. Such county commis- 
 sioners shall file with the prosecuting attorney of the county a full and 
 complete report of the investigations of such institutions, which report 
 shall be open to the examination of the public. (92 v. 212.) 
 
 ANTITOXIN 
 
 SECTION 2500. Application to health commissioner for antitoxin. 
 When a physician, regularly authorized to practice medicine under the 
 the laws of the state, is called upon to treat a person suffering from 
 diphtheria who is in indigent circumstances, or a child suffering from 
 
LAW BULLETIN 209 
 
 diphtheria whose parents are in indigent circumstances, and he is of 
 the opinion that antitoxin should be administered to such person or child 
 or to others who may have been exposed to the contagion of such disease, 
 he may make application to any health commissioner within the county 
 therefor. (109 v. 214.) 
 
 SECTION 2501. When antitoxin shall be paid for by county. When 
 satisfied of the indigent circumstances of the persons to be treated, such 
 health commissioner may certify the fact to the county commissioners 
 and immediately authorize the attending physician or any druggist to 
 furnish such antitoxin for the persons so to be treated when such anti- 
 toxin is not available, as provided in section 1261-29 of the General Code. 
 The antitoxin so furnished shall be paid for upon the allowance of the 
 county commissioners from the general fund of the county. (109 v. 214.) 
 
 COUNTY HOMES (INFIRMARIES) 
 
 SEE SECTION 2419-8, for change of name. 
 
 SECTION 2522. Powers and duties of commissioners. The board of 
 county commissioners shall make all contracts for new buildings and 
 for additions to and repairs of existing buildings necessary for the 
 county infirmary and shall prescribe such rules and regulations as it 
 deems proper for its management and good government, and to promote 
 sobriety, morality and industry among inmates. The superintendent 
 may employ a matron and such labor from time to time, at rates of 
 wages to be fixed by the county commissioners, as may not be found 
 available on the part of the inmates of the institution. The superin- 
 tendent and matron shall be removed if they, or either of them, require 
 or permit inmates or employes to render services for the private inter- 
 ests of the superintendent, matron or member of the board of county 
 commissioners, or any private interest. At least once a month the board 
 of county commissioners shall make a complete inspection of the physical 
 and sanitary conditions of the infirmary buildings and grounds and an 
 examination into the care and treatment of the inmates thereof, unac- 
 companied by the superintendent or matron. The commissioners shall 
 keep a separate book in which the clerk, or if there be no commissioners’ 
 clerk, the county auditor, shall keep a separate record of their transac- 
 tions respecting the county infirmary, which book shall be known as the 
 infirmary journal, and shall be kept in the manner provided by sections 
 2406 and 2407 of the General Code of Ohio, and said book shall at all 
 reasonable times be open to public inspection. (108 v. Pt. I, 267.) 
 
 SECTION 2523. Superintendent. Salary. The county commissioners 
 shall appoint a superintendent, who shall reside in some apartment of the 
 infirmary or other buildings contiguous thereto, and shall receive such 
 compensation for his services as they may determine. The superintend- 
 ent and matron shall each be allowed their actual necessary expenses 
 incurred in the discharge of their official duties. The superintendent 
 shall perform such duties as the commissioners impose upon him, and be 
 governed in all respects by their rules and regulations. He shall not 
 
210 DEPARTMENT OF PUBLIC WELFARE 
 
 be removed by them except for good and sufficient cause. The commis- 
 sioners may by resolution provide for the appointment by the superin- 
 tendent of an assistant superintendent who shall perform such duties 
 at the infirmary or elsewhere as may be prescribed by such superintend- 
 ent. The commissioners shall not appoint one of their own number sup- 
 erintendent, nor shall any commissioner be eligible to any other office 
 in the infirmary or receive any compensation as physician, or otherwise, 
 directly or indirectly, wherein the appointing power is vested in such 
 board. (108 v. Pt. I, 267.) 
 
 SECTION 2524. Bond. Before entering upon his duties the superin- 
 tendent shall give bond to the state in a sum not to exceed twenty thous- 
 and dollars and not less than two thousand dollars, as the commissioners 
 require, with two or more sureties to the acceptance of the commissioners, 
 eonditioned for the faithful discharge of the duties of his office. Such 
 bond, with the approval of the board and his oath of office indorsed 
 thereon, shall be deposited with the county treasurer and kept in his 
 office. (102 v. 433.) 
 
 SECTION 2525. Bills shall be itemized and certified by superintend- 
 ent. The superintendent shall require itemized bills for all labor per- 
 formed under his direction and for articles purchased by him and pro- 
 vided for the use of the infirmary or the farm connected therewith. He 
 shall certify over his official signature on the back of each bill as to its 
 correctness and that such labor was performed or articles delivered for 
 such uses. (93 v. 262.) 
 
 SECTION 2526. Labor. Sale of product. The superintendent and 
 matron of the infirmary shall require all persons received therein to 
 perform such reasonable and moderate labor, without compensation, as 
 is suited to their age and bodily strength. The superintendent and 
 matron shall make such purchases as may be authorized by the rules 
 prescribed by the county commissioners. As far as practicable, all sup- 
 plies shall be purchased on competitive bids, except those ordered from 
 the state as required by law, and all supplies of whatever kind purchased 
 and delivered to the superintendent, or to the infirmary, shall be accom- 
 panied by itemized bills, showing quantities, qualities and price, which 
 shall be checked by the superintendent as having been received, and the 
 correctness of the bill or claim shall be duly certified by him before the 
 same may be allowed by the commissioners. The superintendent, under 
 the direction of the commissioners, shall sell all products of the infirm- 
 ary farm not necessary for the use of the infirmary, and pay all moneys 
 arising therefrom into the county treasury, at least monthly, to the 
 credit of the county poor fund. The superintendent shall have full 
 authority to discharge inmates from the infirmary. (108 v. Pt. I, 268.) 
 
 SECTION 2527. Record to be kept by superintendent. The superin- 
 tendent of the infirmary shall enter in a book to be provided for him 
 and kept for that purpose, so far as it can be ascertained, information 
 in reference to each person received into the infirmary as follows: Name, 
 sex, age, nativity, date of admission, length of residence in the state, 
 and in the county, from what township received, whether insane, idiotic 
 
LAW BULLETIN ZLE 
 
 or epileptic, whether diseased, deformed, crippled, blind, deaf and dumb. 
 date of discharge from the infirmary and reasons therefor, date of all 
 deaths and causes thereof, the number of births, and the parentage of 
 all children born in the infirmary. (93 v. 262.) 
 
 SECTION 2527-1. Procedure to return escaped inmates. Whenever 
 an inmate in any county infirmary in this state shall escape therefrom 
 or leave the same without the consent of the superintendent thereof, 
 such superintendent, if he has reason to believe that it is for the public 
 welfare that such inmate should be returned to said infirmary, may file 
 in the probate court of the county in which such infirmary is located an 
 affidavit in which he shall set forth the name and residence of said in- 
 mate, the date when he had been received in such infirmary and when 
 he had escaped from or left the same without permission. Such affidavit 
 shall also state the reasons why it is for the public welfare that such 
 inmate should be returned to said infirmary. (108 v. Pt. II, 1127.) 
 
 SECTION 2527-2. Issuance of warrant. When such affidavit has 
 
 been filed such probate court shall issue a warrant directed to the super- 
 
 intendent commanding and authorizing him to pursue after and retake 
 such inmate. When retaken he shall be brought forthwith before such 
 court, whereupon a hearing shall be had as in a prosecution for mis- 
 demeanor. Such inmate shall be entitled on demand to a jury trial, 
 but if no such demand is made on his first appearance before the court it 
 shall be deemed to have been waived and the cause shall be heard by the 
 court alone. (108 v. Pt. II, 1127.) 
 
 SECTION 2527-3. Court may order commitment. If such court shall 
 be satisfied that it is for the public welfare that such inmate should be 
 returned to said infirmary it shall so order and shall issue a commitment 
 authorizing such superintendent to take and keep such inmate in said 
 infirmary until the further order of the court. (108 v. Pt. II, 1128.) 
 
 SECTION 2527-4. Duty of prosecutor. On the request of such super- 
 intendent the prosecuting attorney of the county shall prepare the affida- 
 vit and shall also represent the complainant at the hearing provided for 
 herein. (108 v. Pt. II, 1128.) 
 
 SECTION 2527-5. Witnesses and fees. Witnesses may be subpoenaed 
 on such hearing. They shall be entitled to receive the same fees and 
 mileage to be paid in the same way and out of the same fund as wit- 
 nesses in misdemeanors. Such subpoenas may be served by the sheriff 
 or the superintendent of the inflrmary. The sheriff for his services and 
 the jurors, if any, shall receive the same fees and mileage to be paid in 
 the same way and out of the same fund as in misdemeanors. (108 v. 
 mt. 11, 1128.) 
 
 SECTION 2527-6. Superintendent to receive expenses only. The 
 superintendent shall receive no extra compensation for his services un- 
 der this act, except his actual expense in pursuing such inmate, to be 
 paid out of county poor fund of said county. (108 v. Pt. II, 1128.) 
 
 SECTION 2528. Reserve fund. At the request of the superintendent, 
 the county commissioners shall set apart from the poor fund a reserve 
 
212 DEPARTMENT OF PUBLIC WELFARE 
 
 fund not to exceed at any time $200.00, which upon their order shall be 
 paid to the superintendent and expended by him as needed for emergency 
 supplies and expenses. The superintendent shall keep an accurate ac- 
 count of such funds in a book to be provided at the expense of the county 
 for that purpose and all expenditures therefrom shall be audited by the 
 board and the poor fund shall be reimbursed by the superintendent in 
 full for any and all items by him expended from such fund which are 
 not allowed by the board. When, and as often as such amount is en- 
 tirely disbursed, on the order of the commissioners, the county auditor 
 shall pay to the superintendent the amount so appropriated. (108 v. Pt. 
 I, 268.) 
 
 SECTION 2529. Certificate of amount for support. On the first 
 Monday of March in each year, the board of county commissioners shall 
 certify to the county auditor the amount of money they will need for the 
 support of the infirmary for the ensuing year, including all needful re- 
 pairs thereof. The county auditor shall place the amount so certified 
 on the tax duplicate of the county, and the county commissioners shall 
 have full control of the poor fund and shall be held responsible therefor. 
 (102 v. 4383.) 
 
 SECTION 2530. Levy. When in any county the funds applicable 
 for the support of the poor are insufficient, the county commissioners 
 may levy for such purpose in addition to those otherwise authorized any 
 rate not exceeding six-tenths of a mill on the dollar of valuation. (102 
 v. 433.) 
 
 SECTION 2531. Vouchers, warrants, payment. The auditor shall 
 receive vouchers given by the commissioners and counter-signed by the 
 clerk to any person, other than the commissioners themselves, for labor, 
 provisions, medical attendance or supplies of any kind furnished to the 
 institution and give the person a warrant on the county treasurer for 
 the proper amount. The treasurer shall pay the warrant from the county 
 poor fund, and the vouchers shall show the specific item or items allowed 
 by the commissioners or shall be accompanied by a statement in writing 
 showing the items. (102 v. 433.) 
 
 SECTION 2532. Monthly examination of conditions. Once each 
 month the county commissioners shall carefully examine the condition 
 of the infirmary and the inmates, the manner in which they are fed, 
 clothed and otherwise provided for and treated. They shall ascertain 
 what labor the inmates are required to perform and shall inspect the 
 books and accounts of the superintendent. 
 
 The county commissioners shall subscribe for at least two daily 
 papers of opposite politics for the use of the inmates of the county in- 
 firmary. (108 v. Pt. I, 268.) 
 
 SECTION 2535. _Annual report of superintendent. On or before the 
 third Monday of September of each year the superintendent of the in- 
 firmary shall submit to the county commissioners a report giving all 
 statistical information for the year preceding the first day of the month 
 shown by the record of inmates of the infirmary required herein to be 
 kept by the superintendent. The report shall show the whole number of 
 
LAW BULLETIN 213 
 
 inmates at the beginning of such year, the number received during the 
 year, the number born in the infirmary; the total number of inmates for 
 the year, the number discharged; the number of deaths, the number re- 
 moved to other counties, states and institutions during the year and the 
 number remaining; the daily average; the whole number of children 
 under sixteen years of age, number placed in homes and otherwise re- 
 leased or discharged, the number remaining.................0.. boys, 
 tne ASG See girls, the number of other inmates remaining; how 
 many of sound mind; how many helplessly crippled; how many insane 
 
 |. GEE eee males, ..................females; how many epileptics 
 EY ies ks THEO a ah.5 tious oe LCINGLOR NOW HIANY 1G1GtIC: oe eno vias 
 REISE iyirs, ara aba e3a 4 females; total current expense of infirmary, exclusive 
 
 of farm products for the year; total value of farm products for the year; 
 total amount paid in county for outdoor relief during the year; amount 
 of salaries paid during the year to superintendent and matron and 
 amount of wages paid other employes. This report shall contain such 
 other information as the commissioners may require and an account of 
 all moneys received by him for the sale of farm products, or from any 
 other sources, and by him paid into the county treasury to the credit of 
 the poor fund, said account to be properly itemized, showing dates of re- 
 ceipts, from whom and for what purpose, and dates of payment of same 
 into the county treasury. Said report shall be examined by the commis- 
 sioners, and if found correct, be accepted, and such acceptance entered 
 in the minutes of their proceedings. Such report shall then be filed in 
 the auditor’s office and by him safely preserved. (108 v. Pt. I, 268.) 
 
 SECTION 2536. Free publication of detailed statement. If in any 
 county the proprietors or managers of two newspapers of general cir- 
 culation and opposite politics notify the county auditor that they will 
 publish free of charge a full and detailed statement of the receipts and 
 expenditures of the county commissioners of the county for any desig- 
 nated month or months, the auditor shall at once so notify the county 
 commissioners, who within twenty days shall furnish the auditor with a 
 full account in detail of all money received and paid out by them during 
 such month, whence it was received and to whom and for what purpose 
 paid. (102 v. 483.) 
 
 SECTION 2537. Account. Such account shall separately state each 
 item, showing the quantity and quality of all goods purchased and ex- 
 plicitly stating any special grade or brand thereof. Such statement shall 
 also give the name of each employe in the infirmary, for what purpose 
 employed, the salary or wages paid him each year or each month and the 
 exact amount actually paid him during the month covered by the account. 
 (102 v. 433.) 
 
 SECTION 2538. Further requirements of such statement. Such 
 report shall also show the whole number of inmates at the beginning of 
 each month; number received during each month; number born in the 
 infirmary; total number of inmates for each month; number discharged 
 during each month; number of deaths during each month; number re- 
 moved to other counties, states and institutions; whole number remaining; 
 daily average; whole number of children under sixteen years of age; 
 
214 DEPARTMENT OF PUBLIC WELFARE 
 
 how many placed in homes; how many children remaining—boys—girls; 
 of the number of children remaining, how many of sound mind; how many 
 helplessly crippled; how many insane—males—females; how many 
 epileptics—males—females; how many idiotic—males—females; total 
 current expenses of infirmary exclusive of farm products, for each 
 month; total value of farm products for each month, stating each item 
 separately; total amount paid in the county for out-door relief during 
 each month, including medical attention and stating especially the 
 amount paid each contract physician over and above the contract price. 
 (95 v. 262.) 
 
 SECTION 2539. ‘Penalty on failure to make report. County com- 
 missioners who fail or neglect to make the report required of them by 
 the preceding section within the time therein required shall be fined 
 not to exceed one hundred dollars. The prosecuting attorney of the county 
 shall prosecute in the court of common pleas any one or all of such com- 
 
 missioners as provided by law in similar cases. (102 v. 433.) 
 
 SECTION 2540. Removal. The superintendent of the infirmary may 
 remove any person becoming a charge upon the county who has no legal 
 settlement in the state, to the county and state where such person has 
 a legal settlement. (102 v. 433.) 
 
 SECTION 2541, Insane or epileptic excluded. No insane or epileptic 
 person shall be received or kept at any county infirmary in this state. 
 (94 v. 166.) 
 
 SECTION 2542. Repealed. (110 v. 267.) 
 
 SECTION 2543. Admission when afflicted with contagious disease. 
 When a child is an applicant for admission to the children’s home, and a 
 regular practicing physician, upon examination, declares that such child 
 is afflicted with a contagious or infectious disease and no means are 
 provided at the children’s home for its separation from the other chil- 
 dren, it shall be cared for by the superintendent of the infirmary until 
 it becomes eligible to the children’s home. (102 v. 433.) 
 
 SECTION 2544. Admission through township trustees. In any county » 
 having an infirmary, when the trustees of a township or the proper 
 officers of a corporation, after making the inquiry provided by law, are 
 of the opinion that the person complained of is entitled to admission to 
 the county infirmary, they shall forthwith transmit a statement of the 
 facts to the superintendent of the infirmary, and if it appears that such 
 person is legally settled in the township or has no legal settlement in 
 this state, or that such settlement is unknown, and the superintendent 
 of the infirmary is satisfied that such person should become a county 
 charge he shall account such person as a county charge and shall receive 
 and provide for him in such institution forthwith or as soon as his physi- 
 cal condition will so permit. The county shall not be liable for any relief 
 
 ant or expenses incurred by the township trustees. (108 v. Pt. 
 , 269.) 
 
 SECTION 2546. Medical relief. The county commissioners may con- 
 tract with one or more competent physicians to furnish medical relief 
 and medicines necessary for the inmates of the infirmary, but no con- 
 
LAW BULLETIN 215 
 
 tract shall extend beyond one year. Medical statistics shall be kept by 
 said physician, who shall report same to the county commissioners quar- 
 terly showing the nature and extent of the services rendered, to whom, 
 and the character of the diseases treated. The commissioners may dis: 
 charge any such physician for proper cause. No medical relief for per- 
 sons in their homes shall be furnished by the county, except for persons 
 who are not residents of the state or county for one year, or residents 
 of a township or city for three months, and except under provisions of 
 section 2544. (108 v. Pt. I, 269.) 
 
 SECTION 2548. When county charge is owner of property. When 
 a person becomes a county charge or an inmate of a city infirmary and is 
 possessed of or is the owner of property, real or personal, or has an in- 
 terest in remainder, or in any manner legally entitled to a gift, legacy 
 or bequest, whatever, the county commissioners or the proper officers of 
 the city infirmary shall seek to secure possession of such property by 
 filing a petition in the probate court of the county in which such property 
 is located, and the proceedings therefor, sale, confirmation of sale, and 
 execution of deed by such county commissioners or officer of the city 
 infirmary shall in all respects be conducted as for the sale of real estate 
 by guardians. The net proceeds thereof shall be applied in whole or in 
 part, under the special direction of the county commissioners or the 
 proper city officer as is deemed best, to the maintenance of such person, so 
 long as he remains a county charge or an inmate of a city infirmary 
 103 v. Pt. I, 270.) 
 
 SECTION 2549. Proceeds to credit of person. The net proceeds 
 arising from the sale of such property shall be paid to the county or city 
 treasurer, and by him placed to the credit of such person to be paid out 
 on the warrant of the county auditor, upon the order of the county com- 
 missioners, or by the city auditor upon the order of the proper officer 
 of the infirmary. The superintendent shall open an account with the 
 person and charge him with board at a reasonable rate and items furn- 
 ished for his exclusive use, which account shall be approved by the county 
 commissioners or by the proper city officer at the close of each month. 
 (108 v. Pt. I, 270.) 
 
 SECTION 2550. Disposition of balance on death or discharge. Upon 
 the death of such person or when he lawfully ceases to be a county charge 
 or is lawfully discharged from a city infirmary, whose property or effects 
 have been so disposed of, and the avails thereof so applied, any balance 
 due and in favor of such person on the books of the institution shall be 
 paid by the superintendent of the infirmary to him, or in case of his 
 death to his legal representative. When any such fund has become ex- 
 hausted or any balance paid in manner described above, the superin- 
 tendent shall file with the proper probate court a complete statement 
 showing receipts, itemized expenditures and balance, if any, and such 
 court shall file such report with the records relating to the original or- 
 der of sale of such person. (108 v. Pt. I, 270.) 
 
 SECTION 2553. Effect of bond for support by relatives. County 
 commissioners or officers of a city infirmary shall not seek to take charge 
 
216 DEPARTMENT OF PUBLIC WELFARE 
 
 of property in manner described in section 2548 if the guardian, husband, 
 wife, heirs, or persons entitled to the residuary interest in property give 
 bond to such county commissioners or officers to their satisfaction and, 
 at such times as they require, pay into the hands of the superintendent 
 of the county or city infirmary, an amount sufficient to support the per- 
 son while he remains a county charge or an inmate of the city infirmary. 
 The probate court at time of hearing a petition for sale may, in lieu of 
 an order for sale, order the guardian, husband, wife, heirs or persons 
 entitled to a residuary interest in the property of such person, to make 
 payments to the superintendent of the infirmary for the maintenance 
 of such person and failure so to do shall make any person so ordered 
 punishable by the court as for contempt. (108 v. Pt. I, 271.) 
 
 SECTION 2554. Commissioner may not sell or supply. No county 
 commissioners shall directly or indirectly sell or supply an article, to a 
 superintendent or other person, for the relief of the poor, and no order 
 shall be made by a county commissoiner for the payment of supplies so 
 sold or furnished nor shall an order for the payment of money for sup- 
 plies sold or furnished be paid to any commissioner or assignee or holder 
 thereof. No county commissioner or employ shall be sold or given any 
 article belonging to, grown or produced at a county infirmary or other 
 public institution. A superintendent, commissioner, trustee or other 
 officer, who certifies to, allows or draws an order for the payment of an 
 account or bill, knowing it to be false or fraudulent, in whole or in part, 
 shall forfeit and pay not less than five hundred dollars nor more than 
 three thousand dollars for each offense, and shall be liable to criminal 
 prosecution, as provided by law. (108 v. Pt. I, 271.) 
 
 SECTION 2555. Penalty for bringing pauper into city, township or 
 county. If a person transports, removes, or brings, or causes to be 
 transported, removed or brought a poor or indigent person into a city, 
 township, or county in this state, without lawful authority, and there 
 leaves such poor or indigent person, knowing that such city, township or 
 county will probably become chargeable with his support, the person so 
 offending shall forfeit and pay the sum of fifty dollars for each such 
 offense, for the use of the poor of the city, township or county in which 
 the indigent person is left, to be recovered by civil action, in the name 
 of the state, before any court of competent jurisdiction. When a public 
 official furnishes transportation to an indigent person, it shall be done 
 only after investigation and satisfaction that such transportation will 
 make it possible for such person to be cared for by responsible persons; 
 and the transportation furnished shall be to final destination in this 
 state or elsewhere. (108 v. Pt. I, 271.) 
 
 SECTION 2556. Religious services. The board of county commis- 
 sioners shall provide for holding religious services on Sunday in the in- 
 firmary at least once a month, and upon request, shall provide for the 
 conduct of funeral services over deceased inmates. Such services shall 
 be conducted by clergymen employed by the board for that purpose, but 
 the total compensation paid to such clergymen in any one year shall not 
 exceed the sum of $300.00. (108 v. Pt. Lei Ar (ales 
 
LAW BULLETIN 217 
 
 SECTION 2572. Certain bills and vouchers shall be filed and dock- 
 eted. A bill or voucher for payment of money from any fund controlled 
 by the commissioners must be filed with the county auditor and entered 
 in a book for that purpose at least five days before its approval for pay- 
 ment by the commissioners. When approved, the date thereof shall be 
 entered on such book opposite the claim, and payment thereof shall not 
 be made until after the expiration of five days after the approval has 
 been so entered. (108 v. Pt. I, 272.) 
 
 SECTION 2606. Report of deaf, dumb, blind, insane and idiotic 
 persons. In each year when an enumeration in that behalf is required, 
 as soon as possible after the third Monday of May, the county auditor 
 shall make and forward to the auditor of state a list of all the deaf, 
 dumb, blind, insane, and idiotic persons in the county, with the names 
 and post office addresses of their parents or guardians, as returned to 
 him by the assessors. If he fails to make and forward such report 
 within a reasonable time, he shall forfeit and pay to the state any sum 
 not exceeding one hundred dollars, to be recovered and paid as provided 
 in the preceding section. (58 v. 40.) 
 
 SECTION 2850. Allowance for prisoners; additional for lunatics. 
 The sheriff shall be allowed by the county commissioners not less than 
 forty-five nor more than seventy-five cents per day for keeping and feed- 
 ing prisoners in jail, but in any county in which there is no infirmary, 
 the county commissioners, if they think it just and necessary, may allow 
 any sum not to exceed seventy-five cents each day for keeping and feed- 
 ing any idiot or lunatic. The sheriff shall furnish at the expense of the 
 eounty, to all prisoners confined in jail, except those confined for debt 
 only, fuel, soap, disinfectants, bed, clothing, washing and nursing when 
 required, and other necessaries as the court in its rules shall designate. 
 (98 v. 255.) 
 
 SOLDIERS’ RELIEF COMMISSION 
 
 SECTION 2930. Soldiers’ relief commission; appointment and term. 
 There shall be a commission known and designated as “the soldiers’ re- 
 lief commission,” in each county, composed of three persons, residents 
 of the county, each of whom shall serve for three years, and wherever 
 possible one member of said commission shall be a wife or widow of an 
 honorably discharged soldier, sailor or marine of the civil war or of the 
 Spanish-American war. Two of the persons so appointed shall be hon- 
 orably discharged soldiers, sailors or marines of the United States. On or 
 before the first Monday in April of each year, a judge of the court of 
 common pleas in such county shall appoint one commissioner for such 
 term. (107 v. 26.) 
 
 SECTION 2931. Organization; vacancy. Such commissioners shall 
 select one of their number president and one as secretary. In counties 
 containing a national soldiers’ home they may employ an assistant sec- 
 retary and prescribe his duties and compensation. A judge of the court 
 of common pleas may remove any member of the commission for cause, 
 and shall fill vacancies occurring therein for the unexpired term. (94 v. 
 159.) 
 
218 DEPARTMENT OF PUBLIC WELFARE 
 
 SECTION 2932. Payment of commissioners’ expenses. On the pre- 
 sentation of an itemized statement thereof, the county commissioners 
 shall allow the persons composing the soldiers’ relief commission, their 
 actual expenses incurred in the performance of their duties, and a fair 
 compensation for their services. The county auditor shall issue his war- 
 rant upon the county treasurer for the amount so allowed. (85 v. 158.) 
 
 SECTION 2933. Soldiers’ relief committee; how appointed. On the 
 first Monday of January in each year, the soldiers’ relief commission 
 shall appoint for each township, except for any part thereof within the 
 limits of a city, and for each ward in any city in the county, a soldiers’ 
 relief committee, consisting of three persons, residents of such township 
 or ward, who shall be honorably discharged soldiers, sailors or marines 
 of the United States, except one of whom may be the wife or widow of 
 an honorably discharged soldier, sailor or marine of the United States, 
 and if there are no soldiers, sailors or marines resident of such town- 
 ship or ward, there shall be appointed three reputable citizens, one of 
 whom shall be designated as chairman of such township or ward soldiers’ 
 relief committee. The commission shall fill all vacancies that occur in 
 any such committee, and may remove any member thereof for cause. 
 In any township or ward where there is located a post of the grand army 
 of the republic, the committee shall be appointed on the recommendation 
 of such post. (107 v. 27.) 
 
 SECTION 2934. Lists of persons entitled to relief to be made. Each 
 township and ward soldiers’ relief committee, shall receive all applica- 
 tions for relief under these provisions, from applicants residing in such 
 township or ward, examine carefully into the case of each applicant and 
 on the first Monday in May in each year make a list of the names of all 
 indigent soldiers, sailors and marines, and of their indigent parents, 
 wives, widows and minor children, including widows of soldiers, sailors 
 and marines who have remarried, but again have become indigent 
 widows, who reside in such township or ward, and including the soldiers, 
 sailors and marines of the Spanish-American war, and the war with 
 Germany, and their wives, widows, indigent parents, minor children and 
 wards, who have been bona fide residents of the state one year, and of 
 the county six months, next prior to such first Monday in May, and who, 
 in the opinion of such relief committee, require aid, and are entitled to 
 relief under these provisions. (108 v. Pt. I, 633.) 
 
 SECTION 2935. Application for relief; penalty for false statement. 
 On or before last Monday in such month of May, the chairman of each 
 township or ward soldiers’ relief committee, or the other member thereof 
 authorized by such committee, shall deliver such list to the soldiers’ relief 
 commission, or its secretary, with a statement of each applicant for re- 
 lief, of the income, if any, of the applicant, the amount of taxable prop- 
 erty, real and personal, stocks, bond, moneys on hand, loaned or deposited 
 in any bank or elsewhere, shares in building associations, mortgages, 
 notes or other articles of value from which an income or revenue is de- 
 rived by such applicant. Such statement shall be made upon blanks 
 which shall be furnished by the soldiers’ relief commission, and shall 
 be subscribed by the applicant. In case any false statement is made 
 
LAW BULLETIN 219 
 
 therein by an applicant for relief, or guardian for such applicant, such 
 applicant or guardian shall be fined not less than twenty dollars, nor 
 more than fifty dollars, and be imprisoned in the county jail not less 
 than thirty days, nor more than sixty days. (94 v. 158.) 
 
 SECTION 2936. Determination of amount and tax for such relief. 
 On such last Monday in May the commission shall meet and determine 
 from such lists the probable amount necessary for the aid and relief of 
 such indigent persons for the ensuing year, together with the amount 
 sufficient in the judgment of the commission, to furnish relief to any 
 such indigent persons not named on such lists, whose rights to relief 
 shall be established to the satisfaction of the commission. After deter- 
 mining the probable amount necessary for such purpose, the commission 
 shall certify it to the county commissioners, who, at their June session 
 shall make the levy necessary to raise the required relief, not to exceed 
 five-tenths of a mill per dollar on the assessed value of the property of 
 the county hereinafter authorized. (94 v. 158.) 
 
 SECTION 2937. Annual meeting of commission. On the fourth Mon- 
 day of November of each year and at such other times as may be neces- 
 sary, the soldiers’ relief commission shall meet at the office of the county 
 commissioners, or in a suitable room furnished by the county for that pur- 
 pose, and examine carefully the lists and statements of those reported 
 by the township and ward soldiers’ relief committees, and also all cases 
 not included in such lists, who, before and during their session, have 
 been recommended to the commission for aid under these provisions. If 
 satisfied that those so recommended, or any of them are in need of assist- 
 ance and are entitled thereto under these provisions, the commission 
 shall fix the amount to be paid each month in each case to such person 
 or family. (87 v. 354.) 
 
 SECTION 2938. List furnished to township clerks. Upon the con- 
 clusion of such examination and the determination of the monthly al- 
 lowance, the relief commission shall make a complete list of those 
 to whom relief has been awarded, showing the monthly amount 
 awarded to each person, and, so far as practicable, the place of residence 
 of each, and certify it to the auditor of the county. Within ten days 
 thereafter the county auditor shall transmit to the township clerk, in 
 his county, a list of the names of the persons in the respective town- 
 ships, and the amount payable monthly to each, and on the first day of 
 each month after the fund is ready for distribution, the auditor shall 
 issue to the trustees of each township his warrant upon the treasurer 
 of the county for the amount awarded to the persons in such township, 
 and the township trustees shall disburse such moneys in the amounts 
 and to the persons named in the list furnished to the township clerk, 
 taking receipts therefor. But in townships embracing a county seat, 
 in which the office of county treasurer is kept, the county treasurer shall 
 disburse such fund to the persons entitled to same, upon the voucher of 
 the soldiers relief commission, properly authorized by the county auditor. 
 (110 v. 30.) 
 
 SECTION 2939. Disbursement to those not on list. To each person 
 certified by the relief commission to the auditor, not included in any list 
 
220 DEPARTMENT OF PUBLIC WELFARE 
 
 furnished township clerks, the auditor shall issue his warrant upon the 
 county treasurer for the monthly allowance awarded such person. Upon 
 proper cause shown, such commission may appoint a suitable person to 
 draw, receipt for and properly expend the allowance made to any person 
 under these provisions, after such voucher or certificate is endorsed by 
 the person for whom such allowance is intended, for the benefit of such 
 person, and the indigent members of his family and no part of such 
 allowance shall be paid to any person without such endorsement. On 
 the recommendation of a township or ward committee, the commission at 
 any meeting, may increase, or decrease or discontinue any allowance 
 theretofore awarded which action shall be certified to the county auditor, 
 who shall amend his list in accordance therewith. (103 v. 68.) 
 
 SECTION 2940. Increase or decrease of allowance. In case such 
 change relates to the allowance to a person resident in any township it 
 shall be certified to the township clerk, who shall amend his list accord- 
 ingly, and certify it to the township treasurer. If the amount due the 
 township after such change, increases the amount theretofore allowed 
 such township, the auditor shall issue to the township treasurer his 
 warrant upon the county treasurer for such additional amount. (87 v. 
 354.) 
 
 SECTION 2941. Emergency relief. In case of sickness, accident or 
 great destitution upon the recommendation of a township or ward com- 
 mittee, the relief commission may, at any time, grant immediate relief to 
 any person entitled thereto under these provisions, under such rules as 
 it may designate. If any money so awarded as relief shall not be called 
 for by the aplicant before the first Monday in December, each year, such 
 amounts shall be paid into the county treasury to the credit of the relief 
 fund. (87 v. 354.) 
 
 SECTION 2942. Tax for relief of soldiers and sailors. The board of 
 county commissioners of each county shall levy, in addition to the taxes 
 now levied by law for other purposes than those herein provided, a tax 
 not exceeding five-tenths of one mill per dollar on the assessed value of 
 the property of the county, to be levied and collected as provided by law 
 for the assessment and collection of taxes, for the purpose of creating 
 a fund for the relief of the honorably discharged soldiers, indigent 
 soldiers, sailors and marines of the United States, and the indigent wives, 
 parents, widows and minor children under fifteen years of age, of such 
 indigent or deceased soldiers, sailors or marines, to be disbursed as here- 
 inbefore provided. (99 v. 526.) 
 
 SOLDIERS’ BURIAL PLOT 
 
 SECTION 2943. Application or petition for soldiers’ plot in ceme- 
 tery. Upon application in writing made by a veteran soldiers’ associa- 
 tion in any city, township, or village or upon a petition in writing of five 
 or more veteran soldiers in any city, township or village where no veteran 
 soldiers’ organization exists, the soldiers’ relief commission of any county 
 shall purchase or provide a soldiers’ plot in any cemetery where no 
 burial plot is provided in such county, city or village for the burial, re- 
 
 moval and re-interment of the bodies of neglected and indigent soldiers. 
 (102 v. 75.) 
 
LAW BULLETIN 221 
 
 SECTION 2944. Expense, how paid. The expense of such purchase 
 shall be filed with and be audited by the auditor of the county, who shall 
 issue a warrant therefor upon the county treasurer, who shall pay it 
 from the general fund of the county. (99 v. 443.) 
 
 SECTION 2945. Expense for care of graves. On and after the inter- 
 ment of the remains of the deceased soldier or soldiers in such 
 soldiers’ plot, the expenses of the care of the grave or graves shall be 
 annually provided for by the village, city or township, in which the re- 
 mains are buried, at not to exceed fifty cents per grave each year, and 
 shall be paid annually to the cemetery association in which the remains 
 may be interred, removed or reinterred. (102 v. 75.) 
 
 SECTION 2946. Petition; what to contain. A petition may be pre- 
 sented to the county soldiers’ relief association of any county signed by 
 the officers of the veteran soldiers’ organization, or a majority of a me- 
 morial committee of any incorporated village or city, wherein one or 
 more veteran soldier organizations exist, or the petitioners may be hon- 
 orably discharged veteran soldiers, in townships or villages where no 
 veteran soldiers’ organization exists, containing: First: The name of the 
 deceased soldier, or soldiers, whose remains are sought to be buried or 
 removed, and, if known, the company and regiment in which he or they 
 served. Second: The name and location of the cemetery in which he, 
 or they are interred, and from which removal is asked to be made. Third: 
 The name and location of the cemetery to which the remains are de- 
 sired to be removed and reinterred. Fourth: The facts showing the 
 reason for such removal. (102 v. 75.) 
 
 SECTION 2947. Order of removal. Within thirty days after the 
 next succeeding regular meeting, the soldiers’ relief commission shail 
 act upon such petition, and, if true, issue an order directing the removal 
 ‘of the remains of said deceased soldier, or soldiers, to the cemetery 
 designated in the petition, within the village, city, or township, in which 
 the remains are then to be buried, and shall specify in the order the maxi- 
 mum expenses of the proposed removal and reinterment, including the 
 expense of the proposed removal and reinterment, including the expense 
 incurred by the commission. The said order shall designate the person 
 or persons who shall have charge of the burial or removal and reinter- 
 ment. (102 v. 75.) 
 
 SECTION 2948. Verified statement of burial or removal. Upon the 
 completion of the burial or removal and reinterment, the person or per- 
 sons having charge thereof shall make an itemized statement, verify and 
 file it with the soldiers’ relief commission, which shall, at the next regu- 
 lar meeting, act upon such expense account, and file it with the auditor 
 of the county forthwith, when it shall become a charge upon the county 
 in which said interment or reinterment is made. Such expense shall be 
 audited and the auditor shall issue a warrant therefor on the county 
 
 treasurer, who shall pay the same out of the general fund of said county 
 (102 v. 75.) 
 
 SECTION 2949. Definition of “‘Soldiers.”” The word “soldiers” shal! 
 mean: An honorably discharged soldier, sailor or marine, who served 
 
222 DEPARTMENT OF PUBLIC WELFARE 
 
 in the army or navy of the United States of America. The words, 
 “soldiers’ plot’? shall mean: A plot of land in any cemetery, set apart to 
 be exclusively used for interring the remains of deceased veteran soldiers 
 of the United States. (102 v. 75.) 
 
 SECTION 2949-1. Purchase of additional plots. In the event that it 
 may become necessary. to purchase additional plots of ground in any 
 cemetery wherein a “soldiers’ plot” has heretofore existed, where said 
 “soldiers’ plot’ has been filled with graves to its capacity, this act shall 
 not be construed to prevent the purchase of the same under the terms 
 of this act. (102 v. 75.) 
 
 SECTION 2949-2 Furnishing and maintaining graves for soldiers, 
 sailors, etc. That the board of county commissioners of any county and 
 township trustees and councils of cities and villages, located in any 
 county, are hereby empowered and authorized to enter into contracts 
 with cemetery associations providing for the purchasing and maintaining 
 in cemeteries within any such county, of plots of ground for the burial 
 of honorably discharged soldiers, sailors, marines and nurses who have 
 been in the service of the United States in time of war. The purchase 
 price and maintainance cost of all such burial plots shall be paid from the 
 treasury of the county, township or municipality contracting for same. 
 (109 v 145.) 
 
 SECTION 2949-3. Plots open for burial on application. Any such 
 plots owned or maintained by any county, township or municipality shal! 
 be open for the burial of the body of any such deceased soldier, sailor, 
 marine or nurse on application to the county, township or municipality 
 owning or maintaining the same, by a relative of such decedent, or 
 other proper person. (109 v. 146.) 
 
 SECTION 2949-4. Burial in cemetery not provided with plot. In 
 case it is desired to bury the body of any such deceased soldier, sailor, 
 marine or nurse in any cemetery not provided with a plot as aforesaid, 
 the board of county commissioners, any board of township trustees or 
 the council of any municipality in the county in which such cemetery is 
 situated are hereby authorized and empowered to purchase a space for 
 the grave of such soldier, sailor, marine or nurse and to provide for 
 caring for same, paying the amount of such purchase price and main- 
 tenance cost from the funds in the treasury of such county, township or 
 municipality. (109 v. 146.) 
 
 SECTION 2950. Burial of soldier, mother, wife or widow; selection 
 of undertaker. The county commissioners of each county shall appoint 
 two suitable persons in each township and ward in the county, other 
 than those prescribed by law for the care of paupers and the custody of 
 criminals, who shall, with the approval of the family or friends of the 
 deceased, contract at a fair and reasonable price, with the undertaker 
 selected by said family or friends, and cause to be interred in a decent 
 and respectable manner, the body of any honorably discharged soldier, 
 sailor or marine having at any time served in the army or navy of the 
 United States, or the mother, wife or widow of any such soldier, sailor 
 or marine, or any army nurse who did service at any time in the army 
 
LAW BULLETIN 223 
 
 of the United States, who dies, not having the means to defray the neces- 
 
 ‘sary funeral expenses. Such burial may be made in any cemetery or 
 burial ground within the state, other than those used exclusively for 
 the burial of paupers and criminals. (109 v. 211.) 
 
 SECTION 2951. Duties of committee; compensation; vacancy. The 
 committees so appointed shall use the forms of contracts herein pre- 
 scribed, and abide by the regulations herein provided. Such committee 
 shall hold their appointment so long as they serve to the satisfaction 
 of the county commissioners, and when a vacancy occurs therein the com- 
 missioners shall appoint a suitable person to fill such vacancy. Such 
 committee shall see that undertakers furnish all items specified in the 
 contract, and that when the benefits of this provision are claimed the 
 entire amount to be contributed by the county toward the cost of such 
 funeral shall not exceed the sum of one hundred dollars, and that any 
 remaining cost, if any, shall be paid by the family or friends of the de- 
 ceased The members of such committee shall receive one dollar each 
 from the general fund of the county for each service so performed. (109 
 we 211.) 
 
 SECTION 2952. Burial and report thereof. Before they assume the 
 charge and expense of any such burial, the persons so appointed shall 
 satisfy themselves beyond a reasonable doubt, by careful inquiry, that 
 the family of the deceased is unable, for want of means, to defray the 
 expense, or that the family may be deprived of means actually necessary 
 for their immediate support. Thereupon they shall cause to be buried 
 such person, and make a report thereof to the county commissioners of 
 the county, setting forth the fact that they found the family of such 
 deceased person in indigent circumstances, and unable to pay the ex- 
 penses of burial, and the name, rank and command to which he belonged 
 if a soldier or sailor, the date of death, place where buried, occupation 
 while living, also an accurate itemized statement of the expenses in- 
 curred by reason of such burial. (99 v. 100.) 
 
 SECTION 2953. Death of inmate of home. Upon the death of an 
 inmate of any home for indigent mothers, wives or widows of soldiers, 
 or for army nurses, the matron thereof may upon certificate signed by 
 the attending physician of such home, certify to the death of such in- 
 mate to the commissioners of the county from which such mother, wife, 
 widow or army nurse was admitted to the home, and such commissioners 
 shall proceed as hereinafter provided in other cases. (99 v. 100.) 
 
 SECTION 2954. Undertaker’s blank. The undertaker employed to 
 perform the service hereinbefore described shall use blanks herein pro- 
 vided, specifying what he is to furnish for such service, sign the con- 
 tract and leave a copy thereof with the committee with whom he makes 
 his contract, to read as fololws: 
 
 LL -eie GOS ACO CAEN B CPOLOIOLEIC OICRCRCHOR UC CRERERCE: IRCCS oor undertaker, residing at 
 sae ocd BLS EERE a SO RIOR CERRO ERROR aC hereby agree to furnish the 
 RIC ICOM fr LO DOTIAT Of a c/sin/s e's walls 0a d.06 siege 6 esis'e oe eee who 
 vo DHIGKEG EIR sie) hye ia citrore Gi DIR OR RCO RONDE CRO ROE DORIC Ca Persil) Chea GUC Giamere eexeta et enci ore 
 oy BO CERO PRS Cee eeae Oe ee ee a oe namely: One 
 
 casket nicely covered with a good quality of black cloth, lined with a 
 L B Sig 15 
 
224 DEPARTMENT OF PUBLIC WELFARE 
 
 good quality of white satin, or other material of good quality and trim- 
 med outside with six handles of a fair quality in keeping with the casket; 
 one burial robe of good quality of material; one plain box for receiving 
 the coffin inside the grave; to pay for digging the grave, in the place 
 designated by the friends of the deceased, or otherwise provided, and fill 
 up the grave in a proper manner, to furnish a respectable hearse for 
 conveying the remains to the place of burial; to prepare the body for 
 burial when so requested, to furnish two carriages of four passenger 
 capacity each for use of the friends, and one carriage of six passenger | 
 capacity for the pall bearers, returning the same people to their respec- 
 tive homes or to the place where the funeral services were held. In 
 fact to furnish a decent, respectable funeral, for the sum of............ 
 dollars. (99 v. 100.) 
 
 SECTION 2955. Presentation of bill to auditor. The undertaker 
 shall present his itemized bill and contract to the county auditor, upon 
 printed blanks furnished by the auditor, and make oath that he has 
 honestly and faithfully performed his contract and that the bill and 
 contract attached is a true copy of the one left with the parties who 
 engaged his services, and covers the entire expense of such funeral, in 
 order to obtain his warrant. County auditors shall have printed such 
 necessary blanks, and distribute them to clerks of townships of the 
 county from whom undertakers can procure them. (99 v. 100.) 
 
 SECTION 2956. Unexpended balance. If a saving of money is ef- 
 fected, by reason of donations of carriages, owning of cemetery lot, or 
 other items mentioned in the bill of expenses, the amount of such saving 
 shall go to the family of the deceased, or to those who may have cared 
 for the deceased in life, or remain in the general fund of the county, at 
 the discretion of the committee. If it appears that life insurance, or any 
 fraternity funds are coming to the family of the deceased, the com- 
 mittee shall withhold their signatures to the contract until such matters 
 are definitely settled. (99 v. 100.) 
 
 SECTION 2957. Record; expenses; headstone. Upon securing such 
 report and statement of expenses, the county commissioners shall tran- 
 scribe in a book to be kept for that purpose, all the facts contained in 
 such report, concerning such deceased soldier, and certify the expenses 
 thus incurred, to the county auditor, who shall draw his warrant there- 
 for, payable to the person or persons designated by the county .commis- 
 sioners, upon the county treasurer, to be paid from the county fund. 
 Upon the death and burial of any such person, residing in their county 
 at the time of death, the county commissioners shall make application 
 to the proper authorities, under the United States government, for a 
 suitable headstone as provided by act of congress, and cause it to be 
 
 placed at the grave of such deceased soldier, sailor, or marine. (99 Vv. 
 101.) 
 
 COUNTY BLIND RELIEF COMMISSION 
 
 SECTION 2965. Needy blind defined. Any person of either sex who, — 
 by reason of loss of eyesight, is unable to provide himself with the 
 
LAW BULLETIN 225 
 
 necessities of life, who has not sufficient means of his own to maintain 
 himself, and who unless relieved as authorized by these provisions would 
 become a charge upon the public or upon those not required by law to 
 support him, shall be deemed a needy blind person. 99 v. 256.) 
 
 SECTION 2966. Qualifications. In order to receive relief under these 
 provisions a needy blind person must become blind while a resident of 
 this state, and shall be a resident of the county for one year. (99 v. 57.) 
 
 SECTION 2967. Application and relief. At least ten days prior to 
 action on any claim for relief hereunder, the person claiming shall file 
 with the board of county commissioners a duly verified statement of 
 the facts bringing him within these provisions. The list of claims shall 
 be filed in a book kept for that purpose in the order of filing, which 
 record shall be open to the public. No certificate for qualification of 
 drawing money hereunder shall be granted until the board of county 
 commissioners shall be satisfied from the evidence of at least two repu- 
 table residents of the county, one of whom shall be a registered physi- 
 cian, that they know the applicant to be blind and that he has the resi- 
 dential qualifications to entitle him to the relief asked. Such evidence 
 shall be in writing, subscribed to by such witnesses, and be subject to 
 the right of cross-examination by the board of county commissioners or 
 other person. If the board of county commissioners be satisfied that 
 the applicant is entitled to relief hereunder, said board shall issue an 
 order therefor in such sum as said board finds needed, not to exceed 
 two hundred dollars per annum, to be paid quarterly from the funds 
 herein provided on the warrant of the county auditor, and such relief 
 shall be in place of all other relief of a public nature; provided, how- 
 ever, that where a husband and wife are both blind, and both have 
 made application for blind relief as herein provided, the total relief 
 given by said county commissioners to such husband and wife shall not 
 exceed three hundred dollars per annum, and such relief shall be in 
 place of all other relief of a public nature, to which such husband and 
 wife, or either of them, might be entitled as a blind person. (108 Pt. 
 I, 421.) 
 
 SECTION 2967-1. Surgical operation on evidence of physician. If 
 the board of county commissioners, in the examination of the qualifica- 
 
 tions of any person filing a claim for relief hereunder, or who may have 
 
 been allowed relief by such board, shall determine upon the evidence 
 
 of a registered physician and surgeon, that any person or persons mak- 
 
 ing such claims or then on such list might have such disability benefited 
 or removed by proper surgical operation or medical treatment, such per- 
 son entitled to such relief files his consent in writing thereto, then the 
 board of county commissioners may expend for the purpose of such sur- 
 
 - gical operation or medical treatment, all or any portion of the relief 
 
 which the board of county commissioners may award to such person 
 for one year under the provisions of this act; and in such case the 
 warrant of the county auditor shall be issued direct to the persons en- 
 titled to pay for such surgical operation or medical treatment upon the 
 certificate of the board of county commissioners, instead of being pay- 
 able quarterly to the person entitled to such relief. (103 v. 60.) 
 
226 DEPARTMENT OF PUBLIC WELFARE 
 
 SECTION 2968. Increase or decrease allowance. At least once a 
 year, and oftener if it deems necessary, the board of county commission- 
 ers shall make examination as to the qualifications, disability and needs 
 of any or all persons on the blind list, and said board may at any time 
 increase or decrease the amount of such relief, within the limits fixed 
 by law. If not satisfied that any person on the blind list is qualified 
 to draw his money, said board shall remove such person from the list, 
 and shall forthwith notify the county auditor of such action. The board 
 of county commissioners may in their discretion appoint such clerks as 
 they deem necessary for the purpose of investigating the qualifications, 
 disability and needs of any person who has theretofore been placed on 
 the blind list, or who has made an application to be placed on such list. 
 Said clerks shall be known as “blind relief clerks” and shall serve for 
 such length of time only as said county commissioners prescribe and 
 may be discharged by said commissioners at any time. The county com- 
 missioners shall fix the compensation of such clerks, which compensation, 
 after being fixed, shall be paid monthly from the general fund of the 
 county upon the warrant of the county auditor. 
 
 In addition to their compensation, said clerks shall be allowed 
 monthly, their actual and necessary expenses incurred in the discharge 
 of their official duties; but no such expenses shall be allowed or paid 
 until an itemized statement of the same, duly verified, shall first have 
 been filed by said clerks with said county commissioners. When so allow- 
 ved, said expenses shall also be paid from the general fund of the county, 
 upon the warrant of the county auditor. 
 
 If, upon the examination of the application of a person for blind 
 relief, said county commissioners desire medical evidence of the blind- 
 ness of said applicant, additional to that furnished by the evidence of 
 ithe physician subscribing to said application, said commissioners shal] 
 have the right to employ another registered physician who, if said ap- 
 plicant is willing, shall examine the eye condition of said applicant and 
 make written report to said commissioners concerning the same. Said 
 county commissioners shall have the right to pay said physician making 
 such examination and furnishing such additional evidence as aforesaid, 
 a fee not to exceed the sum of ten dollars, which, when allowed by said 
 county commissioners, shall be paid out of the general county fund 
 upon the warrant of the county auditor. (108 Pt. I, v. 421.) 
 
 SECTION 2969. Relief fund. In addition to the taxes levied by law 
 for other purposes, the county commissioners of each county shall levy 
 a tax not to exceed three-tenths of one mill per dollar on the assessed 
 value of the property of the county, to be levied and collected as provided 
 by law for the assessment and collection of taxes, for the purpose of 
 creating a fund for the relief of the needy blind of their respective 
 counties. (101 v. 50.) 
 
 SECTION 2970. Penalty for false statement. Whoever to procure 
 for himself or another, the benefit provided in this chapter for needy 
 blind persons, makes a false statement, shall, upon conviction, be deemed 
 guilty of perjury. (99 v. 58.) 
 
LAW BULLETIN 227 
 
 COUNTY VISITORS 
 
 SECTION 2971. Board of county visitors; vacancies. In each county 
 there shall be a board of visitors consisting of six persons, not more 
 than three of whom shall have the same political affiliations, for the 
 inspection of all charitable and correctional institutions supported in 
 whole or in part from county or municipal funds. Three of such ap- 
 pointees shall be women. Within thirty days prior to the first day of 
 May of each year the judge of the probate court shall appoint two per- 
 sons for a term of three years beginning on the first day of May. All 
 vacancies in the board shall be filled in the manner provided by the 
 original appointment for the unexpired term only. (103 v. 174.) 
 
 SECTION 2972. Appointment; qualifications. A certificate of ap- 
 pointment shall be issued to such persons appointed and a copy, giving 
 full names and addresses, shall be sent to the board of state charities 
 at Columbus. No person shall be qualified to serve on the board who is 
 in any manner officially connected with any charitable or correctional 
 institution within the county supported wholly or partly at public ex- 
 pense. (98 v. 28.) 
 
 SECTION 2973. Expenses of board; how paid. The board of county 
 visitors shall serve without compensation, but actual expenses incurred 
 in the discharge of its duties and actual necessary expenses incurred by 
 any members to be selected by such board in visiting any other charitable 
 or correctional institution for the purpose of information, and in attend- 
 ance upon any convention or meeting held within this state in the inter- 
 est of and to deliberate upon charitable or correctional methods and 
 work to an amount not to exceed one hundred dollars in any year, shall 
 be allowed by the county commissioners. The county auditor shall issue 
 a warrant therefore which shall be paid by the county treasurer, pro- 
 vided that the judge of the probate court has issued a certificate that 
 the members of the board have satisfactorily performed their duties as 
 provided in subsequent sections. (98 v. 28.) 
 
 SECTION 2974. Duties of board of visitors. The board of visitors, 
 by personal visitation or otherwise, shall keep themselves fully advised 
 of the condition and management of all charitable or corrective insti- 
 tutions supported in whole or in part by county or municipal taxation, 
 or which are under county or municipal control and especially the in- 
 firmary, county jail, municipal prisons, and children’s home. From time 
 to time they shall recommend to the county commissioners and to other 
 officials responsible therefor, such changes and additional provisions as 
 they deem essential for their economical and efficient administration. 
 At least once in every three months each of such institutions shall be 
 visited by such board, or a committee of its members. Failure in the 
 performance of these duties on the part of any member of the board for 
 one year shall be sufficient cause for his or her removal by the judge of 
 the probate court. (98 v. 28.) 
 
 SECTION 2975. Judge may notify board before sending child to 
 reformatory. The juvenile judge in each county whenever proceedings 
 are instituted before him to commit a child to a boys’ industrial school 
 
228 DEPARTMENT OF PUBLIC WELFARE 
 
 or girls’ industrial school, may notify the board of county visitors of 
 the county, of the pendency of such proceedings and thereupon it shall 
 be the duty of such board to attend and protect the interests of such 
 child. (103 v. 888.) 
 
 SEcTION 2976. Annual report. Each year, the board of county 
 visitors shall prepare a full report of its proceedings during the year, 
 with such recommendations as it deems advisable, and shall file it with 
 the judge of the probate court and the prosecuting attorney of the 
 county between the fifteenth day of November and the fifteenth day of 
 December, and forward a copy thereof to the board of state charities at 
 Columbus. (98 v. 20.) 
 
 CHILDREN’S HOMES 
 
 SECTION 3070. Bequests for orphans’ asylum. The county com- 
 missioners may receive bequests, donations, and gifts, real and personal, 
 for the purchase of a site to erect thereon and maintain an orphans’ 
 asylum, provided, however, that the board of state charities must first 
 approve of the establishment of such asylum. (103 v. 888.) 
 
 SECTION 3071. When may erect asylums. When in the opinion of 
 the commissioners, the bequests, donations, or gifts received by them, 
 are sufficient therefor, they may proceed to the purchase of a site, and 
 the erection thereon of an orphan asylum. (62 v. 97.) 
 
 SECTION 3072. Board of directors. When the asylum is completed, 
 the county commissioners shall appoint six judicious persons, residents 
 of the county, who shall form a board of directors to take charge of 
 such asylum and manage its affairs under such rules and regulations 
 as they establish, or are prescribed by law. The two first named direc- 
 tors shall serve for two years, the second two for four years, and the 
 third two for six years, and as their terms of office expire, their suc- 
 cessors shall be appointed for the term of six years. (62 v. 97.) 
 
 SECTION 3073. Duties of directors; treasurer; bonds. The directors 
 of such asylum shall discharge gratuitously the duties required of them 
 by law. They shall elect from their number a president, treasurer, and 
 secretary. The treasurer shall give bond to the state, in such sum as 
 the county commissioners require, for the safe keeping and disburse- 
 ment of moneys that come into his hands as such treasurer. (62 v. 97.) 
 
 SECTION 3074. Annual report. Each year, the directors of such 
 asylum shall make to the county commissioners, a full report of the re- 
 ceipts and disbursements of the asylum, the number of orphans received 
 into and discharged therefrom, and any other matters they deem of 
 interest to the institution, or the public. Each report shall be published 
 by the county commissioners in a newspaper, having general circulation 
 in the county. (62 v. 97.) 
 
 SECTION 3075. Investments. Funds coming into the hands of the 
 county commissioners for such purposes, not immediately needed there- 
 for, may be invested by them in unincumbered real estate mortgages 
 or bonds of the state or United States, the proceeds to be credited to 
 the asylum fund. (62 v. 97.) 
 
LAW BULLETIN 229 
 
 SECTION 3076. When it may be changed into children’s home. If 
 not inconsistent with the terms of any devise, bequest, or donation for 
 the establishment of such asylum, it may be changed into or connected 
 with a children’s home belonging to such county. (R. S. 1880.) 
 
 SECTION 3077. Establishment of children’s home submitted to vote. 
 When, in their opinion, the interest of the public so demanded, the com- 
 missioners of a county may, or upon written petition of two hundred 
 or more tax payers, shall, provided the approval of the board of state 
 charities has been first obtained, at the next regular election submit to 
 the qualified electors of such county, or the counties forming a district, 
 the question of establishing a children’s home for such county or dis- 
 trict, and the issue of county bonds or notes to provide funds therefor. 
 Notice of such election shall be published for at least two weeks prior 
 to taking such vote, in two or more newspapers printed and of general 
 circulation in such county or in the counties of the district, and shall 
 state the maximum amount of money to be expended in establishing 
 such home. (103 v. 889.) 
 
 SECTION 3078. Duty of commissioners if vote is favorable. If at 
 such election a majority of electors voting on the proposition are in favor 
 of establishing such home, the commissioners of the county, or of any 
 adjoining counties in such district, having so voted in favor thereof, 
 shall provide for the purchase of a suitable site and the erection of the 
 necessary buildings and provide means by taxation for such purchase 
 and the support thereof. Such institution shall be styled the children’s 
 home for such county or district. (99 v. 184.) 
 
 SECTION 3079. May issue bonds in anticipation of tax. In antici- 
 pation of the collection of taxes levied, or to be levied, for the purchase 
 of such site and erection of such buildings, or for the purchase of a suit- 
 able site and buildings already erected thereon, the commissioners 
 of any county may issue the notes or bonds of the county, to bear in- 
 terest not to exceed six percent. per annum, payable semi-annually, which 
 shall not be sold for less than their par value. (99 v. 184.) 
 
 SECTION 3080. May receive and hold property in trust. Such com- 
 missioners may receive and hold in trust for the use and benefit of the 
 home, any grant or devise of land and any donation, bequest, money or 
 other personal property that may be made for the establishment and 
 support of such home. (99 v. 184.) 
 
 SECTION 3080-1. Corporation conducting orphans’ home authorized 
 to transfer funds to county commissioners, when. That any corpora- 
 tion organized under the laws of this state for the purpose of establish- 
 ing, conducting and maintaining an orphans’ home, or home for friend- 
 less children, that is unable from any cause to conduct and maintain 
 such orphans’ home or home for friendless children, and has not for a 
 period of three successive years conducted and maintained a place or 
 establishment for the care of orphans, or friendless children, and said 
 corporation has in its hands funds or property acquired by it for the 
 purpose of establishing, conducting and maintaining such home be, and 
 it is hereby authorized to transfer such funds or property in its posses- 
 
230 DEPARTMENT OF PUBLIC WELFARE 
 
 sion to the commissioners of the county in which such corporation had 
 its principal place of business, to be used by said commissioners under 
 the laws of Ohio for the purpose of establishing, conducting and main- 
 taining such an orphans’ home, or home for friendless children, and the 
 transfer by the trustees of such corporation to said commissioners of 
 said funds and property, shall be a full discharge of the liability of said 
 trustees therefor. (103 v. 343.) 
 
 SECTION 3081. Trustees, terms of. When the necessary site and 
 buildings are provided by the county, the commissioners shall appoine 
 a board of four trustees, as follows: One for one year, one for two years, 
 one for three years, and one for four years, from the first Monday of 
 March thereafter. Not more than two of such trustees shall be of the 
 same political party. Annually thereafter on the first Monday of March, 
 the county commissioners shall appoint one such trustee, who shall hold 
 his office for the term of four years and until his successor is appointed 
 and qualified. (99 v. 185.) 
 
 SECTION 3082. Vacancy, how filled; removals. The commissioners 
 shall immediately fill a vacancy caused by death, resignation or removal, 
 by appointment for the unexpired term. They may remove any trustees 
 appointed by such board of commissioners for cause impairing faithful, 
 efficient and intelligent administration or for conduct unbecoming to such 
 office, after an opportunity is given to be heard upon written charges, but 
 no removal shall be made for political reasons. (99 v. 185.) 
 
 SECTION 3082-1. Meeting each month to examine accounts, condi- 
 tion of property and care of wards or inmates. Such board of trustees 
 shall hold a meeting once each month at which time they shall examine all 
 accounts presented for payment and order the payment of such accounts 
 as a majority of the members may approve. Such board shall also ex- 
 amine into the conditions of the property, carefully observe the manner 
 of care afforded the wards of such boards whether inmates of the home or 
 residing in foster families, and shall file with the state board of charities 
 annually, or oftener if required, a detailed account, giving the where- 
 abouts of each child and the moral and physical condition of each child. 
 Called or adjourned meetings of the board may be held at any time as 
 the members may provide. Failure of a trustee to attend three consecu- 
 tive regular meetings of the board, unless for reasons beyond his control, 
 shall be sufficient cause for removal. (108 v. Pt. I, 79.) 
 
 SECTION 3083. Trustees may accept bequest to county children’s 
 home. When a person has bequeathed, or hereafter bequeaths any prop- 
 erty to the use and benefit of a county children’s home, the trustees 
 thereof may accept and use such bequest as they deem for the best inter- 
 
 ests of the institution consistent with the provisions and conditions of 
 such bequest. (94 v. 26.) 
 
 SECTION 3084. Superintendent; how appointed. The board of trus- 
 tees shall designate a suitable person to act as superintendent of the 
 home, who shall also be clerk of such board, and who shall receive for his 
 services such compensation as the board of trustees designates at the 
 time of his appointment. He shal] perform such duties, and give security 
 for their faithful performance, as the trustees require. (99 v. 185.) 
 
LAW BULLETIN 231 
 
 SECTION 3085. Duties of superintendent, matron, teacher and 
 physician. Subject to such rules and regulations as the trustees pre- 
 scribe, the superintendent shall have entire charge and control of such 
 home and the inmates therein. Upon the approval of the trustees the 
 superintendent may appoint a matron, assistant matrons, and other neces- 
 sary employes whose duties shall be the care of the inmates of the home, 
 and to direct their employment, giving suitable physical, mental and moral 
 training to them. Under the direction of the superintendent, the matron 
 shall have the control, general management and supervision of the house- 
 hold duties of the home, and the matron, assistant matrons, and other 
 employes shall perform such other duties and receive for their services 
 such compensation as the trustees may by by-laws from time to time 
 direct. They may be removed by the superintendent or at the pleasure of 
 a majority of the trustees. (107 v. 60.) 
 
 SECTION 3086. Superintendent may suspend employe. The super- 
 intendent may suspend temporarily a matron, assistant matron, or 
 teacher, notice of which must be immediately given to the board of trus- 
 tees for their approval, or disapproval, but, if in their judgment it is for 
 the best interest of the home and of the county, the trustees may dispense 
 with a superintendent and authorize the matron to assume entire charge 
 of the home and its management. (99 v. 185.) 
 
 SECTION 8087. Trustees shall receive no compensation. The trus- 
 tees shall not receive any compensation for their services, but they and 
 the superintendent shall be allowed their necessary expenses while on 
 duty, including expenses as duly accredited delegates to the state and 
 national conferences devoted to child saving, and other charitable and 
 correctional work, and such expenses shall be paid in the same manner 
 as other current expenses of children’s homes, and shall not exceed four 
 hundred dollars in any year for any county. (99 v. 185.) 
 
 SECTION 38088. Children shall be given elementary education. Chil- 
 dren of school age who are inmates of a county, semi-public or district 
 children’s home shall be given an elementary education after the manner 
 described in section 7676. (107 v. 61.) 
 
 SECTION 3089. What children may be admitted; incorrigibles. The 
 home shall be an asylum for children under the age of eighteen years, of 
 sound mind and not morally vicious and free from infectious or con- 
 tagious diseases, who have resided in the county not less than one year, 
 and for such other children under such age from other counties in the 
 state where there is no home, as the trustees of such home and the per- 
 sons or authority having the custody and control of such children, by con- 
 tract agree upon, who are, in the opinion of the trustees, suitable chil- 
 dren for admission by reason of orphanage, abandonment or neglect by 
 parents, or inability of parents to provide for them. In no event shall a 
 delinquent or incorrigible child be committed to or be accepted by such 
 home. If an inmate of such home is found to be incorrigible, he or she 
 shall be brought before the juvenile court for further disposition. Par- 
 ents or guardian of such children shall in all cases where able to do so, 
 pay reasonable board for their children received in such children’s home. 
 (103 v. 890.) 
 
232 DEPARTMENT OF PUBLIC WELFARE 
 
 SECTION 3090. How children shall be admitted; record. They shall 
 be admitted by the superintendent on the order of the juvenile court or of 
 a majority of such trustees, accompanied by a statement of facts signed 
 by the court or trustees, setting forth name, age, birthplace, and present 
 conditions of the child named in such order, which statement of facts 
 contained in the order, together with any additional facts connected with 
 the history and condition of such children shall be, by the superintendent, 
 recorded in a record provided for that purpose, which shall be con- 
 fidential and only open for inspection at the discretion of the trustees. 
 (103 v. 890.) 
 
 SECTION 3091. Certificate of superintendent of infirmary and town- 
 ship trustees. When a child maintained in the infirmary of any county 
 becomes eligible to the children’s home of such county or district, such 
 fact shall be certified to the trustees thereof by the superintendent of the 
 infirmary. Except such as are imbecile, idiots or insane, no child or chil- 
 dren entitled to admission into a children’s home shall be kept or main- 
 tained by any county infirmary in this state. When children are found 
 by township trustees to be proper subjects for the care of the county, said 
 trustees shall file their complaint with the juvenile court, and if said 
 court orders such children to be committed to a children’s home, they 
 shall be conveyed to such home by the township trustees, and the expenses 
 thereof paid from the township poor fund. The superintendent of the 
 home may provide and care for temporarily until the proper officers are 
 notified, any child found abandoned and destitute, and which is eligible 
 to the children’s home. (103 v. 890.) 
 
 SECTION 3092. Commissioners may contract for care of dependent 
 children in certain institutions, when. In any county where such home 
 has not already been provided, or where such home has been abandoned 
 by the county commissioners as provided by law, the board of county 
 commissioners may enter into a contract for the care of its neglected or 
 dependent children with a county children’s home in another county, or 
 with any institution or association in the state which has for one of its 
 objects the care of dependent or neglected children, provided such institu- 
 tion or association has been duly certified by the board of state charities; 
 or the board of county commissioners may pay reasonable board and pro- 
 vide suitable clothing and personal necessities as well as medical, dental 
 and optical examination and treatment of dependent or neglected children 
 who may be placed in the care of private families within the county. 
 Provided that in any such case such dependent or neglected children shall 
 be duly committed to the aforesaid institution or association or placed in 
 the care of a private family by the juvenile court as provided by law. 
 Provided, that with the approval of the board of state charities, when in 
 the judgment of the county commissioners the best interests of the de- 
 pendent wards of the county will be subserved thereby, they may appoint 
 a county child welfare board of four, two members of which shall be 
 women, to serve without compensation, such appointments to be subject, 
 as far as applicable, to the provisions of sections 3081 and 3082 of the 
 General Code. Such board shall have the same powers and duties 
 relative to dependent children as are now given to trustees of county 
 children’s homes, so far as applicable, particularly relating to the ap- 
 
LAW BULLETIN 233 
 
 | pointment of a visitor for the finding and supervision of family homes 
 
 for such children. (109 v. 533.) 
 
 SECTION 3092.-1. Abandonment of county children’s home; pro- 
 cedure. In any county having a county children’s home the board of 
 county commissioners, with the approval of the board of state charities, 
 may abandon such home after having published an announcement of 
 proposed abandonment in at least two newspapers of opposite politics, 
 when such exist, and of general circulation within the county. Such 
 publication shall be made at least twenty and not more than thirty days 
 prior to a date specified therein when a public hearing on the proposed 
 abandonment will be had at a place and time stated in such publication. 
 Such publication may, at the discretion of the commissioners, be repeated 
 at weekly intervals prior to the public hearing. If at such hearing a 
 written statement signed by at least fifty voters of the county is pre- 
 sented signifying a desire for a referendum vote on the proposed aban- 
 donment, the commissioners shall take no further action for thirty days. 
 If within that time a petition signed by not less than five per cent. of the 
 electors of the county as shown by the last general election is presented, 
 demanding a popular referendum vote, then the commissioners shall 
 certify to the board of state supervisors of elections that the question of 
 
 abandonment of such county children’s home be submitted to the voters 
 at the next regular election held not less than thirty days after the date 
 of such certification. The laws relating to filing referendum petitions on 
 
 acts of the General Assembly shall be followed as far as applicable. If no 
 such written statement praying for a referendum vote is presented at said 
 public hearing, or if within thirty days after such written statement is 
 presented, the aforesaid provision concerning a petition is not fully com- 
 plied with, or if a majority of the votes cast upon a referendum vote is in 
 favor of such proposed abandonment, the commissioners may then pro- 
 ceed with the sale of the site and buildings of such children’s home in the 
 manner most advantageous to the county, or may proceed to use them for 
 other necessary and proper purposes; provided, that all wards of such 
 county children’s homes who are placed in foster homes and who are 
 under the guardianship of the trustees shall first be legally committed or 
 transferred to the guardianship of the board of state charities as pro- 
 vided by law. If all or a part of the site and buildings heretofore used 
 for such county children’s home be sold the net proceeds of such sale shall 
 be used to provide and care for neglected and dependent children in other 
 institutions, boarding homes, or foster homes as approved by the board 
 of state charities. (109 v. 533.) 
 
 SECTION 3093. Guardianship and control of inmates. All wards of 
 a county or district children’s home, or of any other accredited institu- 
 tion or agency caring for dependent childern who by reason of abandon- 
 ment, neglect or dependence have been committed by the juvenile court 
 to the permanent care of such home, or who have been by the parent or 
 guardian voluntarily surrendered to such an institution or agency, shall 
 be under the sole and exclusive guardianship and control of the trustees 
 until they become of lawful age. The board of trustees may by contract 
 or otherwise provide suitable accommodations outside of the home and 
 may provide for the care of any child under its control by payment of a 
 
234 DEPARTMENT OF PUBLIC WELFARE 
 
 suitable amount of board, to a competent person, whenever the interests 
 of such child require such an arrangement. Children committed for tem- 
 porary care or received by arrangement with parent or guardian shall be 
 considered under the custody and control of the trustees only during the 
 period of such temporary care, except as hereinafter provided. Whenever 
 a child has been received upon agreement of parent to pay a stipulated 
 sum for his support and such parent is in arrears for a period of six 
 months or more, the trustees may institute proceedings in the juvenile 
 court to ascertain whether such child has been abandoned. The judge 
 of the juvenile court shall after hearing the case make such order for 
 the future care of the child as in his judgment is just and proper for 
 the best interest of the child. (108 v. Pt. I, 261.) 
 
 SECTION 3094. May remove child to county of its residence. The 
 trustees may remove any child, who has become a charge upon the county 
 and who has no legal settlement therein, to the county to which it belongs, 
 and all charges and expenses so incurred shall be paid by the county to 
 which it belongs. The trustees may discharge any inmates of such home 
 and may return them to their parents or guardians when they believe 
 them capable of providing for themselves or their parents or guardians 
 for them. (99 v. 188.) 
 
 SECTION 3095. Foster home to be investigated. The trustees shall 
 seek homes in private families for all children eligible to be placed out, 
 but before allowing a child to leave the home they shall cause the pro- 
 posed foster home to be carefully investigated and satisfy themselves that 
 such persons are suitable to have the care and bringing up of the child. 
 The trustees shall have scrupulous regard to the religious and moral 
 character of the persons with whom the child is placed in order to secure 
 to it the benefit of good example and wholesome instruction and oppor- 
 tunity of becoming an intelligent and useful citizen. (99 v. 188.) 
 
 SECTION 3096. Written agreement as to child’s care and education. 
 The trustees shall require an agreement in a form to be prescribed by 
 the board of state charities, in writing to be entered into, that such child 
 so placed out shall be furnished with good sufficient food, clothing and a 
 public school education, and if deemed by the trustees to the interest of 
 the child that such provisions be made, that there shall be payment to it 
 of a reasonable amount to be named in the agreement, to be paid in such 
 amounts and times as may be specified. Children may be placed in homes 
 on trial without any written agreement. For the purpose of securing 
 the well-being and progress of such children, and the enforcement of the 
 agreement, the trustees shall have the control and guardianship of such 
 children until they become of age. (103 v. 891.) 
 
 SECTION 3097. Uniformity of records. Full and complete records 
 of the inmates shall be kept in the children’s home and they shall be uni- 
 form throughout the state. It shall be the duty of the board of state 
 charities to secure uniformity by providing a standard form of blanks 
 and records for the guidance of such institutions, wherein shall be re- 
 corded the full name, age, place of residence, name of parent or other 
 relatives, so far as obtainable, and other information as the board of state 
 charities requires, which records shall not be open to inspection unless 
 
LAW BULLETIN 235 
 
 on special permission of the trustees. The name and place of residence 
 of the person with whom the child is placed or by whom adopted shall 
 be recorded together with the terms of the agreements in a separate 
 record, which shall not be open to inspection except by special permis- 
 sion of the trustees, having regard at all times to the well-being of the 
 child, except that duly authorized representatives of the board of state 
 charities, may see such records at any time. (103 v. 892.) 
 
 SECTION 3098. Visitation; duty of trustees. The trustees shall 
 visit, or cause to be visited, each child placed out by them, at least once 
 in each year and as much oftener as the welfare of the child requires. 
 The trustees may at any time vacate any agreement when the welfare 
 of the child may demand it, and replace it in another family home or 
 return it to the institution. (103 v. 892.) 
 
 SECTION 3099. Trustees shall appoint visiting agent; duties. Un- 
 less the children’s home places its wards through the agency of the board 
 of state charities, the trustees shall appoint a competent person as visit- 
 ing agent, who shall seek homes for the children in private families, 
 where they will be properly cared for, trained and educated. When 
 practicable, the agent shall visit the child so placed not less than once in 
 each year, and report from time to time to the trustees its condition, any 
 brutal or ill treatment of it, or failure to provide suitable food, clothing 
 or school facilities therefor in such family. The agent shall perform his 
 or her duties under the directions of the trustees and superintendent of 
 the children’s home for which he or she is appointed, and may be assigned 
 other duties not inconsistent with his or her regular employment as the 
 trustees prescribe. His or her appointment shall be for one year, or until 
 his or her successor is appointed and he shall receive such reasonable 
 compensation for his or her service as the trustees provide. (103 v. 892.) 
 
 SECTION 3100. Children may be placed in private families; joint 
 visiting agents. The trustees of such children’s home may also place 
 children under their charge in suitable homes in private families, through 
 well known and established private institutions duly incorporated under 
 the laws of the state, and approved by the board of state charities as 
 provided by section 1352-1 of the General Code, which have as their ob- 
 ject, the fitting for, and placing of children in families. Such trustees 
 of two or more counties may unite in the employment of a visiting agent 
 who shall serve them in such a manner with such compensation as the 
 trustees so uniting prescribe. (103 v. 892.) 
 
 SECTION 3103. Reservation in contract. In all contracts for plac- 
 ing out children from any state or county institution, the officers making 
 them shall expressly reserve the right to cancel the contract whenever, 
 in their judgment, the interests of the child are not properly cared for. 
 But nothing herein shall apply to private charitable asylums for the care, 
 protection and training of the children that have their own methods for 
 the visitation of such children. (80 v. 102.) 
 
 SECTION 3104. Annual report. The board of trustees shall report 
 annually to the commissioners of the county the condition of the home, 
 and make out and deliver to the commissioners a carefully prepared 
 estimate, in writing, of the wants of the home for the succeeding year. 
 
236 DEPARTMENT OF PUBLIC WELFARE 
 
 Such estimate shall specify separately the amounts required for each of 
 the following purposes, to-wit: First, maintenance. Second, repairs. 
 Third, special improvements. (103 v. 893.) 
 
 SECTION 3105. Appropriation of estimate. At their regular quar- 
 terly meeting at which such estimate is presented to them, the commis- 
 sioners shall carefully examine the estimate, and if, in their judgment, it 
 is reasonably and ratably within the assessment for the support of the 
 home for the current year, or so much thereof as they deem reasonable 
 and within such assessment, the board of commissioners shall allow and 
 approve and shall appropriate and set apart such amount for the use of 
 the home. Upon the order of the trustees of the home, the county 
 auditor shall draw his warrant upon the county treasurer, who shall pay 
 such warrant from the fund so appropriated and set apart. (99 v. 189.) 
 
 SECTION 3106. Trustees shall not furnish supplies to board. The 
 trustees shall contract no debts and make no purchase in excess of the 
 amount so appropriated. No member of the board of trustees of a chil- 
 dren’s home shall sell or supply any article for the maintenance of the 
 home or be interested in any contract made by the board. (99 v. 189.) 
 
 SECTION 3107. Products may be sold. Under the rules and regula- 
 tions adopted by the trustees, the superintendent may sell products not 
 needed to maintain the home, and all receipts from this and other sources 
 shall on the last day of each month be paid into the county treasury, and 
 be placed to the credit of the children’s home fund, to be paid out by the 
 trustees as exigency may require. (99 v. 189.) 
 
 SECTION 3107-1. Reserve fund for payment of emergency accounts; 
 maximum expenditure. At the request of the superintendent the board 
 of trustees may issue an order upon the county auditor for the payment 
 to such superintendent a sum not exceeding at any time two hundred 
 dollars to be known and designated as a reserve fund to be used by such 
 superintendent for payment of emergency accounts. He shall keep an 
 itemized account of such expenditures and when such fund is about ex- 
 hausted submit an itemized statement of expenditures therefrom to the 
 county auditor before he shall honor another such order issued by the 
 board of trustees. The amounts so paid in any fiscal year shall not ex- 
 ceed twenty per cent of the total expenditures for such home during the 
 preceding year. (108 v. Pt. I, 79.) 
 
 SECTION 3108. Annual report. On the thirty-first day of August of 
 each year, the board of trustees shall also make an annual report in writ- 
 ing to the commissioners, of the condition, wants and operation of the 
 home, including a statement of the number of inmates, and if from other 
 counties, the terms upon which they are admitted, and an accurate ac- 
 count of all receipts and expenditures. (99 v. 189.) 
 
 SEMI-PUBLIC HOMES 
 
 SECTION 3108-1. Aid for incorporated children’s home or society. 
 The county commissioners of any county which has no county children’s 
 home may aid an incorporated children’s home or other incorporated so- 
 ciety, whose object is the care, aid, and education of neglected or desti- 
 tute children, by contributing toward the purchase of land for such home 
 
LAW BULLETIN 237 
 
 or society, of the erection of buildings by it, or of additions to existing 
 buildings, or other improvements to an amount not to exceed twenty-five 
 hundred dollars in any one year; or they may contribute an amount not 
 to exceed five hundred dollars in any one year for the purpose of keeping 
 such property in repair, provided that in case such children’s home shall 
 cease to exist so that such property so purchased shall cease to be used 
 for the purpose of such children’s home by such corporation such county 
 shall have a lien upon such property so purchased for the amount of 
 money contributed for its purchase and if such corporation shall fail or 
 be unable from any cause to maintain, manage and control such home so 
 as to subserve the purpose of a children’s home from which the same was 
 incorporated, then such commissioners may enforce such lien or, if they 
 so prefer and desire, they are hereby authorized and empowered upon 
 approval of the board of state charities first obtained to organize such 
 home into a county children’s home, under the general laws of the state 
 of Ohio, and the title to such property, where the county had contributed 
 the whole amount of the purchase money shall vest in and be the prop- 
 erty of such county. (103 v. 893.) 
 
 SECTION 3108-2. Semi-public homes have same rights and duties 
 as children’s home. Children’s homes or societies so assisted by the 
 county commissioners, shall be known as semi-public homes. They shall 
 have the same rights and duties as are prescribed in the case of county 
 children’s homes by sections three thousand eighty-nine, three thousand 
 ninety, three thousand ninety-one, three thousand ninety-three, three 
 thousand ninety-five, three thousand ninety-six, three thousand ninety- 
 seven, three thousand ninety-eight, three thousand ninety-nine, three 
 thousand one hundred and three thousand one hundred and three of the 
 General Code. They shall make to the county commissioners a monthly 
 report on the first Monday of each month of the condition of said insti- 
 tution, its receipts and expenditures during the preceding month, the 
 number of children received and discharged and the general condition of 
 the institution. 
 
 How society shall become semi-public home. The superintendent of 
 the infirmary of any county shall certify children to semi-public homes 
 in the manner provided by section two thousand five hundred and forty- 
 seven and three thousand and ninety-one in the case of county children’s 
 homes. The county commissioners shall pay for the maintenance of such 
 children a sum to be agreed upon by the commissioners and the board of 
 such home. A home or society desiring to be classed as a semi-public 
 home shall state the facts to the board of state charities, which, if satis- 
 fied that such home or society is a proper subject for county aid as pro- 
 vided herein, shall issue its certificate that such home or society shall be 
 known as a semi-public home. No home or society not so certified shall 
 be entitled to receive any funds from the county commissioners as pro- 
 vided herein. Said certificate shall be valid for one year from the time 
 same is issued. (103 v. 893.) 
 
 SECTION 3109. District homes may be provided. In accordance with 
 the purposes, provisions, and regulations relating to county children’s 
 homes, when in their opinion the public good so demands, the commis- 
 sioners of two or more adjoining counties, not to exceed four, may form 
 
238 DEPARTMENT OF PUBLIC WELFARE 
 
 themselves into a joint board, and proceed to organize a district for the 
 establishment and support of a children’s home by using a site and 
 buildings already established in one such county or by providing for the 
 purchase of a site, and the erection of necessary buildings thereon, pro- 
 vided the approval of the board of state charities has been first obtained. 
 
 (109 v. 534.) 
 
 SECTION 3110. Commissioners may accept private donation. Any 
 grant or devise of land, donation or bequest of money or other personal 
 property, made by private individuals or parties for the use and benefit 
 of children’s homes, and held in trust by special agents, executors of 
 estates, or other persons, may be accepted and used by the commissioners 
 of any county or district on such terms as are agreed upon by such 
 board, and such persons, agents or executors. (73 v. 64.) 
 
 SECTION 3111. Trustees may accept bequest to district children’s 
 home. When any person has bequeathed, or hereafter bequeaths his or 
 her estate or any part thereof to the use and benefit of a district chil- 
 dren’s home, the trustees may accept and use such bequest as they deem 
 for the best interest of the institution, and consistent with the provisions 
 and conditions of such bequest. (94 v. 26.) 
 
 SECTION 3112. Board of five trustees; appointment, term, meet- 
 ings, etc. Immediately upon the organization of the joint board, or as 
 soon thereafter as practicable, said joint board shall appoint five trustees, 
 who shall hold and perform the duties of their office, until the first annual 
 meeting after the choice of an established site and buildings or after the 
 selection and purchase of a building site, when said joint board shall 
 appoint a board of five trustees, who shall hold their office, one for the 
 term of one year, one for the term of two years, one for the term of three 
 years, one for the term of four years, and one for the term of five years. 
 Annually thereafter, said joint board shall appoint one trustee, who shall 
 hold his office for the term of five years, and until his successor is ap- 
 pointed and qualified. The annual meeting of the board shall be held on 
 the first Tuesday of May in each year. (109 v. 535.) 
 
 SECTION 3113. Selection of site and erection of home. When the 
 trustees do not choose an established institution in one of the counties of 
 the district they may select a suitable site for the erection of such home, 
 which must be of easy access, and when in the judgment of the trustees, 
 equally conducive to health, economy in purchasing or in building, and to 
 the general interest of the home and inmates, as near as practicable to 
 the geographical center of the district and where but two counties form 
 a district as near as may be to the dividing line. (109 v. 535.) 
 
 SECTION 3114. How trustees apportioned. Each county in the dis- 
 trict shall be entitled to one trustee, and in districts composed of but two 
 counties, each county shall be entitled to not less than two trustees. The 
 county wherein such children’s home is located, shall have not less than 
 two trustees, who, in the interim of the regular meetings of the board, 
 
 shall act as an executive committee in the discharge of all business per- 
 taining to the home. (103 vy. 894.) 
 
 SECTION 3115. Quorum; compensation. A majority of the trustees 
 shall constitute a quorum, and their meetings shall be held quarterly. 
 
LAW BULLETIN 239 
 
 They shall receive no compensation for their services, except their actual 
 traveling expenses, which, when properly certified, shall be allowed and 
 paid. (78 v. 122.) 
 
 SECTION 3116. Trustees may be removed for cause. The joint 
 board of commissioners shall have power to remove any trustee, but no 
 removal shall be made on account of religious or political opinion. The 
 trustee appointed to fill any vacancy shall hold his office for the unex- 
 pired term of his predecessor, and until his successor is appointed and 
 qualified. (73 v. 64.) 
 
 SECTION 3117. Commissioners may delegate powers to trustees 
 until buliding is erected. In the interim, between the selection and 
 purchase of a site, and the erection and occupancy of the home, the com- 
 missioners may delegate to the trustees such powers and duties, as, in 
 their judgment, will be of general interest or aid to the institution. They 
 may appropriate, from time to time, a trustees’ fund, to be expended by 
 the board of trustees in payment of such contracts, purchases, or other 
 expenses necessary to the wants or requirements of the home, not other- 
 wise provided for. The trustees shall make a complete settlement with 
 the board of commissioners once in six months, or quarterly, if required, 
 and also make a full report of the condition of the home and inmates, as 
 provided for trustees of a county home. (73 v. 64.) 
 
 SECTION 3118. Power to purchase site, stock, implements, etc., 
 vested in joint board. The choice of an established site and buildings 
 or the purchase of site, stock, implements and general equipments of 
 farm, should there be a farm, the erection of buildings, and completion 
 and furnishing of the home ready for occupancy, shall be in the hands of 
 the joint board of commissioners, but they may delegate all or a portion 
 of these duties to the board of trustees, under such restrictions and regu- 
 lations as they impose and provide. (109 v. 535.) 
 
 SECTION 3119. Appraisement of site; cost paid by counties in pro- 
 portion to taxable property. When an established site and buildings are 
 used the joint board shall cause the value of such site and buildings to 
 be properly appraised. This appraisal value, or in case of the purchase 
 of a site, the purchase price and the cost of all betterments and additions 
 thereto, shall be paid by the counties comprising the district, in propor- 
 tion to the taxable property of each county, as shown by their respective 
 duplicates. The current expense of maintaining the home and the cost 
 of ordinary repairs thereto, shall be paid by each such county in propor- 
 tion to the number of children therefrom maintained in the home during 
 the year. (109 v. 535.) 
 
 SECTION 3120. Industrial pursuits may be established; taxation. 
 The trustees of county or district children’s homes may establish, in con- 
 nection therewith, such industrial pursuits as they deem expedient. The 
 commissioners of all counties wherein such homes are or may hereafter 
 be established, and the commissioners of all counties forming parts of 
 districts wherein such homes are or may hereafter be established, are 
 authorized to furnish by taxation, the means necessary to put into opera- 
 tion the object of this section. (73 v. 64.) 
 
 LB Sig 16 
 
240 DEPARTMENT OF PUBLIC WELFARE 
 
 SECTION 3121. Commissioners and trustees of townships of adjoin- 
 ing county. The commissioners and trustees of townships in counties in 
 which no children’s home or other similar institution is located, and ad- 
 joining a county or district in which there is such a home, may send to it _ 
 children for whom they have to provide, if the trustees of the home can 
 receive them without detriment to children of their own county or district. 
 The cost of maintaining these children in the home shall be no greater 
 than the per capita cost of suitably providing for and educating the chil- 
 dren of the county or district in the home to which they are so sent. 
 (79 v. 58.) 
 
 SECTION 3122, repealed April 28, 1913. 
 
 SECTION 3123. How such homes supported. The board of commis- 
 sioners of any county having such home, and the joint board of commis- 
 sioners of district homes shall make annual assessments of taxes suf- 
 ficient to support and defray all necessary expenses of the home. (79 
 v. 58.) 
 
 SECTION 3124. Auditor to adjust accounts every six months. The 
 auditors of the several counties composing a children’s home district, 
 shall meet at the home, not less than once in six months, to adjust ac- 
 counts, and to transact such other duties in connection with the institu- 
 tion as pertains to the business of their office. (73 v. 64.) 
 
 SECTION 3125. Commissioners paid actual expenses. Commissioners 
 who meet by appointment to consider the organization of such district 
 home shall, upon presentation of accounts properly certified, be paid 
 their necessary expenses upon a warrant drawn therefor by the auditor 
 of their county. (73 v. 64.) 
 
 SECTION 3126. Same laws apply to county and district homes. All 
 provisions of this chapter, relating to county children’s homes so far as 
 applicable, including the provisions for the placement of children in 
 private homes, shall be in force and effect in the organization, support 
 and management of district childrens’ homes. (103 v. 895.) 
 
 COUNTY HOSPITALS 
 
 SECTION 3127. County hospital; special election. When two hun. 
 dred or more taxpayers of a county petition the county commissioners 
 for the privilege of having submitted to a vote of the electors of such 
 county the issue of county bonds or notes to provide funds for the pur- 
 chase of a site and the erection thereon of a county hospital or hospital 
 buildings, and the support thereof, such commissioners shall order a 
 special election to be held not less than forty nor more than sixty days 
 from the filing of such petition with such board of county commissioners. 
 Such election shall be to determine the question of issuing bonds or notes 
 for the county hospital, to purchase the site therefor, erect the buildings 
 thereon and to maintain them. The election shall be held at the usual 
 piaces in the county for electing county officers and notice shall be given 
 and the election conducted in the same manner as nearly as practicable 
 as the election of county officers. (99 v. 486.) 
 
LAW BULLETIN 241 
 
 SECTION 3128. Filing of petition; notice of election. The petitions 
 thus filed with the county commissioners shall stipulate the maximum 
 amount of money to be expended in purchasing or building such hospital, 
 and it shall be published with notices of the election in at least two news- 
 papers of opposite politics of general circulation in the county, at least 
 one time, twenty or more days prior to the election. 
 
 May be designated as a memorial, when; equipment. And when a 
 majority of the taxpayers signing the petitions submitted to the county 
 commissioners under the preceding section, shall state therein that it is 
 desired by them that such hospital be designated as a memorial to com- 
 memorate the services of the soldiers, sailors, marines and pioneers of 
 the county, then such hospital, if erected in accordance with the provisions 
 of this act, shall be known and designated as a county memorial hospital; 
 and such plates, tablets, busts, statues and other memorials and equip- 
 ment as the board of county hospital trustees hereinafter provided for 
 shall deem fit to properly accomplish and preserve the memorial feature 
 in such hospital, shall be incorporated in its construction. And if the 
 memorial feature be thus incorporated, this fact shall be mentioned in the 
 published notices hereinbefore required. (108 v. Pt. I, 255.) 
 
 SECTION 3129. Form of ballot. The ballot$ to be used at such elec- 
 tion shall be provided with the following affirmative and negative state- 
 ment: 
 
 “For bond issue for purchase of the site and erection of county hos- 
 pital.” 
 
 “Against bond issue for purchase of site and erection of county hos- 
 pital.” (99 v. 487.) 
 
 SECTION 3130. Issue of bonds. If a majority of the electors of the 
 county voting at such election are in favor of the issuance of bonds, the 
 commissioners shall provide for the issuing and sale thereof according 
 to law and in conformity to the provisions of this chapter. (108 v. Pt. 
 I, 256.) 
 
 SECTION 3131. Result certified to governor; appointment of trus- 
 tees. If a majority of the electors of the county voting at such election 
 are in favor of the issuance of bonds, the deputy state supervisors of 
 elections for such county shall certify the result of such election to the 
 governor of the state; whereupon the governor shall, within ten days 
 after the receipt of such certification, appoint a board of county hospital 
 trustees, composed of four freeholders of such county. 
 
 Such board shall be bi-partisan, with two members from each of the 
 two political parties casting the highest number of votes in such county 
 for their respective candidates for governor at the next preceding 
 gubernatorial election. And the governor shall forthwith notify the per- 
 sons so selected of their appointment as such trustees, by mail, and fix a 
 date not more than ten days later when such trustees shall meet at the 
 county seat of such county to organize such board. 
 
 Organization of board. On the date thus fixed such trustees shall 
 meet and organize such board by electing one of their number as chair- 
 man and another as secretary. The county commissioners shall fill all 
 vacancies which may occur in such board of trustees, as well as in the 
 
242 DEPARTMENT OF PUBLIC WELFARE 
 
 board of hospital trustees hereinafter provided for, which may result 
 from death, resignation or removal from office. Such board of trustees 
 shall hold such meetings as the performance of its duties may require and 
 shall keep a record of its proceedings and a strict account of all its re- 
 ceipts, disbursements and expenditures; and upon completion of their 
 duties as herein provided, they shall file such account with the board of 
 county commissioners and make final settlement with such board. 
 
 Such hospital trustees shall serve until such hospital be fully com- 
 pleted and sufficiently equipped for occupancy, whereupon their successors 
 shall be appointed as hereinafter provided. (108 v. Pt. I, 256.) 
 
 SECTION 3132. Powers and duties of trustees; bonds. Such board 
 of trustees shall have full charge and control of the selection and pur- 
 chase of a site for such hospital (taking title thereto in the name of the 
 county), the selection of plans and specifications, the determination and 
 erection of all necessary buildings thereon, and of the selection and in- 
 stallation of all necessary and proper furniture, fixtures and equipment 
 therefor. 
 
 Such hospital trustees and their successors herein provided for may 
 receive and hold in trust for the use of the hospital any grant or devise 
 of land or any gift or bequest of money or other personal property that 
 may be given for the erection or support of the hospital. 
 
 The trustees shall serve without compensation, but shall be allowed 
 their necessary and reasonable expenses incurred in the performance of 
 their duties, the same to be paid out of the funds provided for such hos- 
 pital. They may employ such help as they shall deem necessary to per- 
 form their clerical work and to superintend properly the construction of 
 such hospital, and pay the expenses thereof out of the funds provided for 
 such hospital. 
 
 Each trustee shall give bond for the proper performance of his 
 duties in such sum as the board of county commissioners may require, 
 with sureties to its approval. (108 v. Pt. I, 256.) 
 
 SECTION 3133. Sale of bonds. Upon the certificate of such trustees, 
 stating the amount necessary, the county commissioners shall issue and 
 sell the bonds of the county in the amount so certified but not in excess 
 of the amount named in said petitions. Said bonds shall be sold in antici- 
 pation of taxes to be levied as hereinafter provided; they shall bear in- 
 terest at a rate not exceeding six per cent per annum, payable semi- 
 annually, and the proceeds thereof shall be used for the puropse of pur- 
 chasing a site and erecting hospital buildings, or of purchasing a site with 
 buildings already erected thereon and for equipping and maintaining the 
 same. 
 
 Tax levy. Annually thereafter the commissioners shall levy, in addi- 
 tion to all other levies authorized by law, an amount sufficient to properly 
 mantain and conduct said hospital and furnish such extensions and 
 further equipment thereof as may be neecssary; and also to provide a 
 sufficient sinking fund for the ultimate payment of such bonds and in- 
 terest as the same shall mature. (108 v. Pt. I, 257.) 
 
 SECTION 3134. County Hospital Fund. The fund arising from 
 the sale of such bonds shall be placed in the county treasury to the credit 
 
LAW BULLETIN 243 
 
 of a fund to be known as the “county hospital fund.” And such fund 
 shall be paid out on the order of said board of county hospital trustees, 
 certified by the chairman and secretary thereof. 
 
 If, upon the final completion of such county hospital, an unexpended 
 balance of the fund remains in the county treasury, such balance shall be 
 placed and kept to the credit of the sinking fund herein provided for. 
 PLUG. ve Ft. 1, c01.) 
 
 SECTION 3135. Shall advertise for bids. Before making a contract 
 for the expenditure of money on any structure or improvement in excess 
 of one thousand dollars, the hospital trustees shall advertise according to 
 law for bids, and cause plans, specifications and detailed drawings to be 
 distributed among the bidders. (99 v. 488.) 
 
 SECTION 3136. Hospital trustees; appointment; vacancies. When 
 said hospital shall have been fully completed and sufficiently equipped 
 for occupancy as hereinbefore provided, the county commissioners shall 
 appoint a board of four trustees as follows: one for one year, one for 
 two years, one for three years and one for four years from the first Mon- 
 day of March thereafter. Not more than two of such trustees shall be 
 of the same political party. Annually thereafter on the first Monday of 
 March, the county commissioners shall appoint one such trustee, who 
 shall hold his office for the term of four years and until his successor be 
 appointed and qualified. 
 
 The commissioners shall immediately fill any vacancy in such board 
 which may be caused by death, resignation or removal, by appointment 
 for the unexpired term. They may remove any trustee appointed by such 
 board of commissioners for cause impairing faithful, efficient and intelli- 
 gent administration, or for conduct unbecoming to such office, after an 
 opportunity be given to be heard upon written charges; but no removal 
 shall be made for political reasons. (108 v. Pt. I, 257.) 
 
 SECTION 3137. Organization of trustees. Upon the appointment 
 and qualification of such trustees as herein provided, they shall organize 
 by the election of one of their members as president and another as clerk. 
 Such board shall hold meetings at least once a month, and shall adopt 
 necessary rules for the regulation of its business, and keep a complete 
 record of its proceedings. Three members of such board shall constitute 
 a quorum. 
 
 Control of property. Such board shall assume and continue the oper- 
 ation of such hospital. It shall have the entire management and control 
 of the hospital and shall establish such rules for the government thereof 
 and the admission of persons thereto as it deems expedient; it shall have 
 control of the property of the hospital and deposit all monies thereof 
 with the county treasurer to the credit of the hospital fund; and the same 
 shall be paid out only for the maintenance and operation of such hospital, 
 on the warrant of the county auditor, issued pursuant to the orders of 
 the trustees. 
 
 Employment of superintendent. Such board shall employ a super- 
 intendent, and, upon the nomination by such superintendent, shall confirm 
 the employment of such physicians, nurses and other employes as may be 
 necessary for the proper care, control and management of such hospital 
 
244 DEPARTMENT OF PUBLIC WELFARE 
 
 and its inmates; and shall fix their respective salaries and compensation; 
 and any such person may be removed by such trustees at any time when, 
 in their judgment, the welfare of such institution may so warrant. 
 
 Fixing compensation for treatment. Such trustees may determine 
 whether patients presented at the hospital for treatment are subjects for 
 charity, and shall fix the compensation to be paid by patients other than 
 those unable to assist themselves. They may provide for the free treat- 
 ment in such hospitals of soldiers, sailors and marines of the county, 
 under such conditions and regulations as they shall prescribe. 
 
 Bond. The hospital superintendent herein provided for shall give 
 such bond for the faithful performance of his duties as such trustees 
 may require and with sureties to their approval. 
 
 Annual statement to commissioners. The trustees shall annually on 
 the first day of March file with the county commissioners a statement of 
 their receipts and expenditures for the preceding year and shall submit 
 to such commissioners an estimate of the financial requirements of such 
 hospital for the ensuing year. (108 v. Pt. I, 258.) 
 
 SECTION 3138. Annual report. On the first Monday in April of 
 each year, the hospital trustees shall file with the commissioners of the 
 county a report of their proceedings with reference to the hospital, and a 
 statement of their receipts and expenditures during the year. At such 
 time the trustees shall certify the amount necessary to maintain and im- 
 prove the hospital for the ensuing year. (99 v. 488.) 
 
 SECTION 3138-1. Contract by commissioners for care of indigent 
 sick. That the board of county commissioners of any county may enter 
 an agreement with one or more corporations or associations, organized 
 for charitable purposes, or with one or more corporations or associations 
 organized for the purpose of maintaining and operating a hospital in any 
 county where such hospital has been established, for the care of the 
 indigent sick and disabled, excepting persons afflicted with pulmonary 
 tuberculosis, upon such terms and conditions as may be agreed upon be- 
 tween said commissioners, and such corporations or associations, and said 
 commissioners, shall provide for the payment of the amount agreed upon, 
 either in one payment or installments, or so much from year to year, as 
 the parties stipulate. Nothing herein shall authorize the payment of 
 public funds to a sectarian institution. County commissioners shall have 
 authority to employ the necessary and properly qualified employes to 
 assist them in carrying out all responsibilities devolving upon them by 
 reason of any agreement, or agreements, entered into in accordance with 
 the provisions of this section. (109 v. 77.) 
 
 SECTION 3138-2. Tax levy. The board of commissioners may an- 
 nually, at the June session, levy a tax not exceeding two-tenths of one 
 mill upon the taxable property of said county for the purpose of provid- 
 ing such aid and assistance to any such corporation or associations; and 
 all taxes so levied and collected under this act shall be applied under the 
 
 order of said board to the purpose for which the same are so levied and 
 collected. (101 v. 166.) 
 
LAW BULLETIN 245 
 
 TUBERCULOSIS HOSPITALS 
 
 SECTION 3139. Patients shall not be kept at infirmary. On and 
 after January first, nineteen hundred and fourteen, no person suffering 
 from pulmonary tuberculosis, commonly known as consumption, shall be 
 kept in any county infirmary. (103 v. 492.) 
 
 SECTION 3140. Maintenance in hospitals; costs. - Whenever com- 
 plaint is made to the state board of health that a person is being kept or 
 maintained in any county infirmary in violation of section 3139 of this 
 act, such state board of health may make arrangements for the mainte- 
 nance of such person in some hospital or other institution in this state de- 
 voted to the care and treatment of cases of tuberculosis, and the cost of 
 removal to, and the cost of maintenance of, such person in such hospital 
 or institution shall become a legal charge against, and be paid by the 
 county in which such person has a legal residence. If such person is not 
 a legal resident of this state, then such expense shall be paid by the 
 county maintaining the infirmary from which removal is made. (103 
 v. 492.) 
 
 SECTION 3141. How hospital shall be supported. In any county 
 where a county hospital for tuberculosis has been erected such county 
 hospital for tuberculosis may be maintained by the county commissioners, 
 and for the purpose of maintaining such hospital the county commissioners 
 shall annually levy a tax and set aside the sum necessary for such mainte- 
 nance. Such sum shall not be used for any other purpose. When it shall be- 
 come necessary to enlarge, repair or improve a county hospital for tuber- 
 culosis, the county commissioners shall proceed in the same manner as 
 provided for other county buildings. Plans and estimates of cost for all 
 additions to county hospitals for tuberculosis shall be submitted to and 
 approved by the state board of health and the board of state charities. 
 (107 v. 495.) 
 
 SECTION 3141-1. When county having joined in erection of tubercu- 
 losis hospital may erect and maintain a hospital; tax levy. In any county 
 which has joined in the erection of a district tuberculosis hospital and in 
 which such hospital has not capacity to afford suitable accommodation 
 for all cases of tuberculosis that should be admitted to such institution, 
 and where the trustees of such district tuberculosis hospital or the joint 
 board of county commissioners fail or refuse to provide additional ac- 
 commodation in such hospital, the county commissioners may, with the 
 consent of the state department of health, erect and maintain a county 
 tuberculosis hospital. For the purpose of constructing and maintaining 
 such county hospital the county commissioners may issue bonds and shall 
 annually levy a tax and set aside the funds necessary for such main- 
 tenance. Such funds shall not be used for any other purpose. When it 
 shall become necessary to enlarge, repair, or improve such county hos- 
 pital for tuberculosis, the county commissioners shall proceed in the same 
 manner as provided for other county buildings. Plans and estimates of 
 cost for all additions to hospitals for tuberculosis shall be submitted to 
 and approved by the state department of health and the board of state 
 charities. (108 v. Pt. I, 230.) 
 
246 DEPARTMENT OF PUBLIC WELFARE 
 
 SECTION 3142. Account of and application of moneys. An accurate 
 account shall be kept of all moneys received from patients or from other 
 sources, which shall be applied toward the payment of maintaining a 
 tuberculosis hospital. The county commissioners maintaining a county 
 tuberculosis hospital or the joint board of commissioners, as hereinafter 
 provided for, may receive for the use of the hospital, in its name, gifts, 
 legacies, devises, conveyances of real or personal property or money. (107 
 v. 496.) 7 
 
 SECTION 3143. Commissioners may contract with other county or 
 trustees, etc., for care and treatment. Instead of joining in the erec- 
 tion of a district hospital for tuberculosis, as hereinafter provided for 
 the county commissioners may contract with the board of trustees, as 
 hereinafter provided for, of a district hospital, the county commissioners 
 of a county now maintaining a county hospital for tuberculosis or with 
 the proper officer of a municipality where such hospital has been con- 
 structed, for the care and treatment of the inmates of such infirmary or 
 other residents of the county who are suffering from tuberculosis. The 
 commissioners of the county in which such patients reside shall pay to 
 the board of trustees of the district hospital or into the proper fund of 
 the county maintaining a hospital for tuberculosis, or into the proper 
 fund of the city receiving such patients, the actual cost incurred in their 
 care and treatment, and other necessaries, and they shall also pay for 
 their transportation. Provided, that the county commissioners of any 
 county may contract for the care and treatment of the inmates of the 
 county infirmary or other residents of the county suffering from tubercu- 
 losis with an association or corporation, incorporated under the laws of 
 Ohio for the exclusive purpose of caring for and treating persons suffer. 
 ing from tuberculosis; but no such contract shall be made until the insti- 
 tution has been inspected and approved by the state board of health, and 
 such approval may be withdrawn and such contracts shall be cancelled 
 if, in the judgment of the state board of health, the institution is not 
 managed in a proper manner. Provided, however, that if such approval 
 is withdrawn, the board of trustees of such institution may have the 
 
 right of appeal to the governor and attorney general and their decision 
 shall be final. (107 v. 496.) 
 
 SECTION 3144. Powers of state board of health as to removal of 
 inmates. In any county which has not provided for a county hospital 
 for tuberculosis, or which has not joined in the erection of a district hos- 
 pital for tuberculosis, the state board of health, upon a proper presenta- 
 tion of the facts, may order any inmate of the infirmary who is suffer- 
 ing from tuberculosis removed to a municipal, county, or district 
 hospital for tuberculosis, but such removal shall not be made without the 
 consent of the inmate, if a suitable place outside of the infirmary, ap- 
 proved by the state board of health, is provided for his or her care and 
 treatment. The state board of health upon a proper presentation of 
 facts, shall also have authority to order removed to a municipal, county 
 or district hospital for tuberculosis, any person suffering from tubercu- 
 losis, when in the opinion of the state or a local board of health, such 
 person 1s a menace to the public and cannot receive suitable care or 
 
LAW BULLETIN 247 
 
 treatment at home, provided, however, that such person shall have the 
 right to remove from the state. (107 v. 496.) 
 
 SECTION 3145. Applicants; investigation of. The medical superin- 
 tendent shall investigate applicants for admission to the hospital for 
 tuberculosis who are not inmates of the county infirmary and may require 
 satisfactory proofs that they are in need of proper care and have tuber- 
 culosis. The board of trustees may require from any such applicant 
 admitted from the county or counties maintaining the hospital a payment 
 not exceeding the actual cost incurred in their care and treatment, in- 
 cluding necessaries and cost of transportation, or such less sum as they 
 may deem advisable, owing to the financial condition of the applicant. 
 (107 v. 497.) 
 
 SECTION 3146. Purpose of district hospital. The district hospital 
 for tuberculosis, as hereinafter provided for, shall be devoted to the care 
 and treatment of those admitted to the county infirmary within the dis- 
 trict afflicted with tuberculosis, and of other residents of the district 
 suffering from the disease and in need of proper care and treatment. 
 (107 v. 497.) 
 
 SECTION 3147. Supervision by state board of health. The state 
 department of health shall have general supervision of all hospitals for 
 tuberculosis and shall prescribe and may enforce such rules and regula- 
 tions for their government as it deems necessary. All persons in charge 
 of or employed at such hospital or residents thereof, shall faithfully obey 
 and comply with all such rules and regulations. The location, plans and 
 estimates of cost for all district hospitals for tuberculosis or additions 
 thereto shall be submitted to and approved by the state department of 
 health, and the board of state charities. (108 v. Pt. I, 230.) 
 
 SECTION 3148. Joint county tuberculosis hospital. The commis- 
 sioners of any two or more counties not to exceed ten, may, and upon the 
 favorable vote of the electors thereof in the manner hereinafter provided 
 shall form themselves into a joint board for the purpose of establishing 
 and maintaining a district hospital, provided there is no municipal 
 tuberculosis hospital therein for care and treatment of persons suffering 
 from tuberculosis. Two per cent of the electors of any proposed joint 
 district may file a petition with the board of deputy state supervisors of 
 elections of the most populous county in such proposed district designat- 
 ing the counties in such district; such board shall at once certify such 
 fact to the election boards of the counties comprising such districts, and 
 such proposition shall be placed on the ballot at the next regular or gen- 
 eral election occurring more than sixty days after the filing of such peti- 
 tion. If a majority of the electors voting on the proposition in each 
 county of the proposed district vote in favor thereof, such district shall 
 be established. After the establishment of such joint district, either by 
 voluntary action of the commissioners or as the result of such election, 
 such joint board shall provide the necessary funds for the purchase of a 
 site, which site shall be separate and apart from the infirmary boundaries 
 in any county and also shall provide for the erection of the necessary 
 buildings thereon; and provided further that where any number of 
 counties have already constructed and are operating a district tubercu- 
 
248 DEPARTMENT OF PUBLIC WELFARE 
 
 losis hospital, counties may join such counties for enlargement and use of 
 such hospital, and providing further that the county commissioners of 
 any county within a district which desires to withdraw from said dis- 
 trict, may dispose of its interest in said district hospital by selling same 
 to any county or counties in said district at a price fixed by a board of 
 appraisers composed of the county auditors of the counties of the dis- 
 trict, and said auditors shall, upon application made to them by the 
 county commissioners of any county of the district in which said hospital 
 is located which desires to so withdraw, constitute themselves as such 
 board for determining the price to be paid said county for their interest 
 and subject to the approval of the state department of health. Any new 
 district or addition to a district shall be approved by the state depart- 
 ment of health. Such necessary expenses as may be incurred by the 
 county commissioners in meeting with the commissioners of other counties 
 for consideration of the proposal to establish a district tuberculosis hos- 
 pital shall be paid from the general fund of the county. After the organ- 
 ization of the joint board such expenses shall be paid from the fund pro- 
 vided for the erection and maintenance of such hospital. (110 v. 43.) 
 
 SECTION 3148-1. Tuberculosis hospitals in certain counties. The 
 county commissioners of any county having more than 50,000 population 
 as shown by the last federal census may, with the consent of the state 
 department of health, provide the necessary funds for the purchase or 
 lease of a site and the erection and equipment or lease and equipment of 
 the necessary buildings thereon for the operation and maintenance of a 
 county hospital for the treatment of persons suffering from tuberculosis. 
 Any municipality within said county at present maintaining and operat- 
 ing a hospital for the treatment of tuberculosis may continue to main- 
 tain said hospital as a municipal hospital, or may lease or sell the same 
 to the county. (109 v. 212.) 
 
 SECTION 3148-2. Control vested in board of trustees. The manage- 
 ment and control of such tuberculosis hospital shall be vested in a board 
 of trustees, which board of trustees shall have all the powers conferred 
 by law upon the board of trustees of district hospitals for the care of 
 persons suffering from tuberculosis, and all laws applicable to the levy 
 of taxes for the erection, maintenance and operation of said district hos- 
 pitals shall apply to the leasing, erection, operation and maintenance of 
 said county hospital for the treatment of persons suffering from tubercu- 
 losis. (108 v. Pt. I, 253.) 
 
 SECTION 3148-3. Trustees. The county commissioners may consti- 
 tute the board of trustees of such hospital. (109 v. 212.) 
 
 SECTION 3149. May appropriate property; donation. In the selec- 
 tion and acquirement of such site the joint board shall have the same 
 powers for the appropriation of lands as are conferred upon boards of 
 trustees of benevolent institutions of the state. They may receive and 
 hold in trust for the use and benefit of such institution, any grant or de- 
 vise of land and any donation or bequest of money or other personal prop- 
 
 erty that may be made for the establishment or support thereof. (100 
 Veo) 
 
LAW BULLETIN 249 
 
 SECTION 3150. Board of trustees; term, vacancies, removals. As 
 soon as possible after organization, the joint board shall appoint a board 
 of trustees to consist of one member from each county represented. Such 
 trustees shall hold their offices as follows: One for one year, one for two 
 years, and where three counties are represented, one for three years, and, 
 where four counties are represented, one for four years, and, where five 
 counties are represented, one for five years, and annually thereafter the 
 joint board of commissioners shall appoint one trustee for a term of as 
 many years as there are counties represented, and until his successor is 
 appointed and qualified. Any vacancy shall be filled by an appointment 
 in like manner for the unexpired term of the original appointment. The 
 joint board of commissioners may remove any trustee for good and suf- 
 ficient cause after a hearing upon written charges. (100 v. 87.) 
 
 SECTION 3151. (3153.) Powers of trustees. Subject to the pro- 
 visions of this chapter, such board of trustees shall prepare plans and 
 specifications and proceed to erect and furnish the necessary buildings 
 for a district hospital for tuberculosis. They shall appoint a suitable 
 person medical superintendent of the hospital, who shall not be removed 
 except for cause, and, upon the recommendation of the superintendent, 
 such nurses and other employes as may be necessary for the proper con- 
 duct of the hospital. The trustees shall fix the compensation of the med- 
 ical superintendent and other employes. Subject to the rules and regula- 
 tions prescribed by the board of trustees, the superintendent shall have 
 entire charge and control of the hospital. The trustees shall serve with- 
 out compensation, but their necessary expense when engaged in the busi- 
 ness of the board shall be paid. The trustees, medical superintendent or 
 nurses of such hospital are authorized to attend conferences where the 
 care, treatment or prevention of tuberculosis is a subject: for considera- 
 tion. (107 v. 498.) 
 
 SECTION 3152. Cost and maintenance; quarterly statement. The 
 first cost of the hospital, and the cost of all betterments and additions 
 thereto, shall be paid by the counties comprising the district, in propor- 
 tion to the taxable property of each county outside of a municipality 
 having a tuberculosis hospital as shown by their respective duplicates. 
 To meet the expenses incurred in the purchase of a site and for the erec- 
 tion of buildings or for the purpose of enlarging, improving or rebuilding 
 thereof, the commissioners may borrow such sum or sums of money as 
 may be apportioned to the county, at a rate of interest not to exceed six 
 per cent per annum, and issue the bonds of the county to secure the pay- 
 ment of the principal and interest thereof. Such principal and interest 
 shall be paid as provided in section 2435 of the General Code. A state- 
 ment shall be prepared quarterly showing the per capita daily cost for the 
 current expenses of maintaining such hospital, including the cost of the 
 ordinary repairs, and each county in the district shall pay its share of 
 such cost as determined by the number of days the total number of 
 patients from such county have spent in the hospital during the quarter, 
 but the sum paid by patients from such county for their treatment therein 
 shall be deducted from this amount. The boards of commissioners of 
 counties jointly maintaining a district hospital for tuberculosis shall 
 
250 DEPARTMENT OF PUBLIC WELFARE 
 
 make annual assessments of taxes sufficient to support and defray the 
 necessary expense of maintenance of such hospital. (103 v. 494.) 
 
 SECTION 3152-1. Taxes for tuberculosis hospital. All taxes levied 
 by the county commissioners of any county under the provisions of sec- 
 tion thirty-one hundred and fifty-two shall, when collected, be paid over 
 to the trustees of the district tuberculosis hospital upon the warrant of 
 the county auditor, at the same time that school and township moneys are 
 paid to the respective treasurers; and the board of trustees shall receipt 
 therefor and deposit said funds to its credit in a bank or banks of trust 
 company to be designated by it, and said bank or trust company shall 
 give to said board, a bond therefor in an amount at least equal to the 
 amount so as aforesaid deposited; and thereupon said funds may be dis- 
 bursed by said board of trustees for the uses and purposes of said dis- 
 trict tuberculosis hospital, and accounted for as provided in the foregoing 
 sections. Each trustee shall give bond for the faithful performance of 
 his duties in such sum as may be fixed by the joint board of commission- 
 ers, the expense of such bond, if any, shall be paid out of the fund for 
 the maintenance of the hospital. The bond of each trustee, after being 
 approved by the joint board of commissioners, shall be filed with the 
 auditor of the county represented by him. (101 v. 363.) 
 
 SECTION 3152-2. Petition and hearing for equitable apportionment 
 of expense. Whenever after any district tuberculosis hospital has been 
 established and operated for a continuous period of five or more years, 
 a new site, a new hospital building or buildings, betterments and addi- 
 tions to an existing building or buildings, or new equipment become neces- 
 sary, any county in the district may complain by proper petition to the 
 court of common pleas of the county in which said district tuberculosis 
 hospital is located, stating that it is unjust and inequitable that such 
 complaining county should pay for the said expense or to be incurred in 
 proportion to its taxable property, as provided by section 3152 of the 
 General Code. In such petition the complaining county shall be the 
 plaintiff and all other counties of said district shall be defendants, 
 and each shall be required to answer said petition within the ordinary 
 answer day required in civil actions. Upon answer or in default thereof 
 the matter shall come on for hearing before said court of common pleas, 
 and upon full hearings said court of common pleas may make such order 
 of apportionment of said expense between the counties as may be just, 
 proper and equitable, and thereupon such order shall be binding as be- 
 tween the counties, and in lieu of the apportionment prescribed by said 
 section 3152 of the General Code. (106 v. 506.) 
 
 SECTION 3153. Meetings; annual report. Such board of trustees 
 shall meet monthly and at such other times as they deem necessary. On 
 the first Monday in April of each year they shall file with the joint board 
 of county commissioners and with the state board of health annual re- 
 port of the operation of such district hospital, including a statement of 
 all receipts and expenditures during the year, and at such time shall cer- 
 tify the amount necessary to maintain and improve the hospital for the 
 ensuing year. The county commissioners maintaining a county hospital 
 for tuberculosis on the first Monday in April of each year, shall file with 
 the state board of health an annual report of the operations of such 
 
LAW BULLETIN 251 
 
 county hospital including a statement of all receipts and expenditures 
 during the year. (103 v. 495.) 
 
 SECTION 3153-1. Appointment of nurses. The county commissioners 
 may appoint one or more instructing and visiting nurses who may visit 
 any home or place in the county wherein there is a case of tuberculosis, 
 but such appointments shall be subject to the approval of the state de- 
 partment of health. (108 v. Pt. I, 231.) 
 
 SECTION 3153-2. Supervision of nurses. Where such appointments 
 are made by the board of county commissioners, such nurses shall be 
 subject to the supervision of the county commissioners, and the state 
 department of health, and may be detailed for service under any local 
 board of health or health department having jurisdiction. (108 v. Pt. 
 5231.) 
 
 SECTION 3153-3. Compensation. The board of county commissioners 
 appointing such instructing and visiting nurses shall fix the compensa- 
 tion of such nurses, and may authorize such nurses to attend conferences 
 where the care, treatment or prevention of tuberculosis, public health or 
 nursing are subjects for consideration. Such compensation and the neces- 
 sary expenses incurred by such nurses shall be paid from the poor fund 
 of the county, or from the funds provided for the hospital for tubercu- 
 fosis. (108 v. Pt. I, 231.) 
 
 SECTION 3153-4. District tuberculosis dispensaries. A joint board 
 of county commissioners created by section 3148 of the General Code for 
 the purpose of establishing and maintaining a district hospital for 
 tuberculosis may establish and maintain one or more tuberculosis dis- 
 pensaries in the counties comprising the district and may provide by tax 
 levies or otherwise the necessary funds for their establishment and main- 
 tenance. (107 v. 498.) 
 
 SECTION 3153-5. County tuberculosis dispensaries. In such coun- 
 ties as maintain county hospitals for tuberculosis as provided by section 
 8141 of the General Code or in such counties as have contracts for the 
 care of tuberculosis patients with municipal tuberculosis hospitals located 
 within their county, the county commissioners may establish and main- 
 tain one or more tuberculosis dispensaries in the county and may provide 
 by tax levies or otherwise the necessary funds for their establishment 
 and maintenance. (107 v. 498.) 
 
 SECTION 3153-6. When tuberculosis dispensaries may be estab- 
 lished. In such counties as have not constructed a county hospital for 
 tuberculosis, or have not contracted with a municipal tuberculosis hos- 
 pital, or in such counties as have joined in the construction of a district 
 tuberculosis hospital and in which the joint board of county commission- 
 ers of such district shall fail or refuse to maintain tuberculosis dis- 
 pensaries as herein provided, the county commissioners may establish 
 and maintain one or more tuberculosis dispensaries in the county and 
 may employ physicians, public health nurses and other persons for the 
 operation of such dispensaries or of other means provided for the pre- 
 vention, care and treatment of cases of tuberculosis and may provide by 
 tax levies or otherwise the necessary funds for their establishment and 
 maintenance. (108 v. Pt. I, 231.) 
 
252 DEPARTMENT OF PUBLIC WELFARE 
 
 SECTION 3153-7. Approval by state board of health. The establish- 
 ment of any tuberculosis dispensary, as provided for in the foregoing 
 sections shall be approved by the state board of health. The state board 
 of health shall prescribe rules and regulations governing the operation of 
 all such dispensaries and shall prescribe suitable forms and regulations 
 for the reports of all such dispensaries. (107 v. 499.) 
 
 DETENTION HOSPITALS 
 
 SECTION 3154. Detention hospitals. Upon the request of the pro- 
 bate judge, the county commissioners of the county may establish a place 
 to be known as the detention hospital for alleged insane persons. Such 
 place shall consist of a hospital or ward, or other suitable place available 
 for this purpose which shall be in close proximity to the probate court. 
 It shall be under the charge, supervision and control of a superintendent, 
 who shall be a registered physician, appointed by the probate judge, and 
 such other assistants as may be required, who shall be appointed by the 
 superintendent with the approval of the probate judge. In counties 
 wherein a municipality owns and controls a hospital the county commis- 
 sioners may contract with the authorities having charge and control of 
 the municipal hospital for the care of such alleged insane persons. (99 
 VewL0,) 
 
 SECTION 3155. Committal and discharge. The probate judge may 
 commit to the detention hospital all persons brought before him, alleged 
 to be insane whose cases are doubtful or whose insanity is likely to be 
 temporary, and also all insane persons who can not be committed to or 
 received into the state hospital. A person so committed shall be detained 
 in the hospital until the superintendent and the probate judge determine 
 that the person so committed is cured, or is a fit subject for the state 
 hospital. When it is determined that such person is cured, he or she 
 shall be discharged, and when it is determined that such person is a fit 
 subject for the state hospital, application shall be made for his or her 
 admission thereto as in other cases. (99 v. 210.) 
 
 SECTION 3156. Inmates, powers over, privileges. The person or 
 persons in charge of the detention hospital shall be the guardians of the 
 persons committed to such hospital for the purpose of retaining them 
 therein. Persons so committed shall have the privilege of freely writing 
 to and corresponding with their relatives, friends, physicians and legal 
 advisers, without censorship, and they may also receive visits from them, 
 except when it is deemed inadvisable by the superintendent. A physician 
 representing the family, or patient, shall be admitted at all times. (99 
 Verano.) 
 
 JAILS 
 DUTIES OF SHERIFFS 
 SECTION 3157. Sheriff to have charge of jail. The sheriff shall have 
 charge of the jail of the county, and all persons confined there, keep them 
 safely, attend to the jail, and govern and regulate it according to the 
 rules and regulations prescribed by the court of common pleas. (41 v. 
 74.) 
 
LAW BULLETIN 253 
 
 SECTION 3158. Sheriff to keep jail register, and what to be entered 
 therein. The sheriff shall cause to be entered in a suitable book, called 
 the jail register, and kept in the office of the jailer, and delivered to his 
 successor in office the following: 
 
 First—The name of each prisoner, the date and cause of his com- 
 mitment. 
 
 Second—Date and manner of his discharge. 
 
 Third—What sickness has prevailed in the jail during the year, and 
 the cause thereof. 
 
 Fourth—Whether any, or what labor has been performed by the 
 prisoners, and the value thereof. 
 
 Fifth—The practice observed during the year of whitewashing and 
 cleaning the occupied cells, or apartments, and the time and season of so 
 doing. 
 
 Sixth—The habits of the prisoners as to personal cleanliness, diet 
 and order. 
 
 Seventh—The operation of the rules prescribed by the court of com- 
 mon pleas. 
 
 Eighth—The means of literary, moral, and religious instruction, and 
 of labor, furnished prisoners. 
 
 Ninth—Other matters required by such rules, or deemed proper by 
 the sheriff. (41 v. 74.) 
 
 SECTION 3159. Sheriff to make and file jail reports. On or before 
 the first Monday of November in each year, from the jail register, the 
 sheriff shall make in writing a jail report, one copy of which he shall 
 forthwith file in the office of the clerk of the court of common pleas and 
 one copy he shall file with the county auditor. He shall transmit one 
 copy to the secretary of state, who shall communicate such reports to the 
 general assembly annually on or before the twentieth day of November. 
 (41 v. 74.) 
 
 SECTION 3160. Sheriff required to regularly visit jail. The sheriff 
 shall visit the jail, and examine into the condition of each prisoner at 
 least once during each month, and once during each term of the court of 
 common pleas. He shall cause the cells and rooms used for the confine- 
 ment of prisoners to be thoroughly whitewashed at least three times each 
 year. (41 v. 74.) 
 
 SECTION 3161. Keeper of the jail. The sheriff may appoint one of 
 his deputies to be keeper of the jail. (41 v. 74.) 
 
 RULES AND REGULATIONS 
 
 SECTION 3162. Rules for regulation of jail. The court of common 
 pleas shall prescribe rules for the regulation and government of the jail 
 of the county, not inconsistent with the law, upon the following subjects: 
 
 First—The cleanness of the prison and prisoners. 
 
 Second—The classification of prisoners as to sex, age, crime, idiocy, 
 lunacy and insanity. 
 
 Third—Bed and clothing. 
 
 Fourth—Warming, lighting, and ventilation of the prison. 
 
254 DEPARTMENT OF PUBLIC WELFARE 
 
 Fifth—The employment of medical or surgical aid when necessary. 
 
 Sixth—Employment, temperance, and instruction of the prisoners. 
 
 Seventh—The supplying of each prisoner with a copy of the Bible. 
 
 Eighth—The intercourse between prisoners and their counsel, and 
 other prisoners. 
 
 Ninth—The punishment of prisoners for violation of the rules of 
 the prison. 
 
 Tenth—Other regulations necessary to promote the welfare of the 
 persons. (41 v. 74.) 
 
 SECTION 3163. Printed copies of the rules to be furnished to the 
 sheriff. The court shall cause a copy of such rules to be delivered to 
 the county commissioners, who shall forthwith cause them to be printed, 
 and deliver to the sheriff a printed copy thereof for each room and cell of 
 the jail, and forward a copy by mail to the auditor of state, who shall file 
 and preserve it. (41 v. 74.) 
 
 SECTION 3164. Sheriff to post rules in each room and cell. The 
 sheriff, on the receipt of such printed rules, shall keep a copy thereof 
 posted in some conspicuous place in each room and cell of the jail. (41 
 Ve 4e) 
 
 SECTION 3165. Court may alter rules. The court from time to time 
 may revise, alter, or amend such rules; and such revised, altered or 
 amended rules shall be printed and disposed of by the commissioners and 
 sheriff in the manner directed for original rules. (41 v. 74.) 
 
 SECTION 3166. Prisoners in county jails must be separated. When 
 the construction of a county jail will permit, the separation of prisoners 
 shall be maintained, and no prisoners therein awaiting trial shall be 
 placed, or allowed to remain in the same cell or room with another pris- 
 oner. (88 v. 150.) 
 
 SECTION 3167. Common pleas court to prescribe rules. Judges of 
 the court of common pleas having jurisdiction therein in prescribing 
 rules for the government of jails, shall provide for the enforcement of the 
 provisions of the preceding section. (88 v. 150.) 
 
 SECTION 3168. Law to be enforced by county officers. County 
 officers having charge of the construction of a new jail shall provide for 
 the separate confinement of prisoners as required by the provisions of 
 the two preceding sections. (88 v. 150.) 
 
 SECTION 3169. Minor shall not be confined with adult prisoner. 
 No child under sixteen years of age, held for trial or sentenced to a jail 
 or other place of confinement, shall be placed or allowed to remain in 
 the same cell or room with adult prisoners, when the jail or prison will 
 admit of such separation. The officer in charge of such place of confine- 
 ment shall secure, as far as the construction of the place will admit, the 
 exclusion of such children from the society of adult prisoners during 
 their confinement. (80 v. 102.) 
 
 SECTION 3177. What the commissioners shall provide; physicians; 
 report of sheriff. The county commissioners, at the expense of the 
 county, shall provide suitable means for warming the jail, and its cells 
 
LAW BULLETIN 255 
 
 and apartments, frames and sacks for beds, night buckets, fuel, bed, cloth- 
 ing, washing, nursing when required, and such fixtures and repairs as 
 are required by the court. They may appoint a physician for the jail, at 
 such salary as is reasonable, to be paid from the county treasury. Such 
 physician, or any physician or surgeon employed in the jail, shall make 
 a report in writing when required by the commissioners, the grand jury 
 or the court. The sheriff shall make a report to the commissioners an- 
 nually, or oftener if they so require, of the property of the county in the 
 jail, and the condition thereof. (87 v. 186.) 
 
 SECTION 3178. Jail matrons; appointment, duties and compensation. 
 The sheriff may appoint not more than three jail matrons, who shall have 
 charge over and care for the insane, and all female and minor persons 
 confined in the jail of such county, and the county commissioners shall 
 provide suitable quarters in such jail for the use and convenience of such 
 matrons while on duty. Such appointment shall not be made, except on 
 the approval of the probate judge, who shall fix the compensation of such 
 matrons not exceeding one hundred dollars per month, payable monthly 
 from the general fund of such county upon the warrant of the county 
 auditor upon the certificate of the sheriff. No matron shall be removed 
 except for cause, and then only after hearing before such probate judge. 
 (108 v. Pt. II, 1125.) 
 
 SECTION 3179. Prisoners of the United States may be confined in 
 jails. The sheriff shall receive prisoners charged with or convicted of 
 crime committed to his custody by the authority of the United States, 
 and keep them until discharged by due course of law. A prisoner com- 
 mitted for an cffense by the authority of the United States shall be sup- 
 ported at the expense thereof during his confinement in jail. No greater 
 compensation shall be charged by the sheriff for the subsistence of such 
 prisoner, than is authorized by law to be charged for the subsistence of 
 state prisoners. The commissioners of a county in which a prisoner so 
 committed may be confined shall receive from the United States one dol- 
 lar per month for the use of the jail for each person so committed. A 
 sheriff or jailer who neglects or refuses to perform the services and 
 duties required of him by this section shall be liable to like penalties, for- 
 feitures, and actions, as if such prisoner had been committed under the 
 authority of this state. (57 v. 108.) 
 
 SECTION 38180. Holding religious service and conducting welfare 
 work. Each administrative board or other authority in the state having 
 control of a county jail, shall provide for holding religious services and 
 the conducting of other welfare work therein by such persons or organ- 
 izations and at such times as the probate judge of the county in which 
 such jail is located may from time to time authorize and direct. (109 
 v. 526.) 
 
 LEASE OF COAL LANDS 
 
 SECTION 3187. Lease by Ohio board of administration, for coal. 
 Whenever the Ohio board of administration shall notify the state super- 
 visor that it desires to lease any such lands for the purpose of mining 
 L B sig 17 
 
256 DEPARTMENT OF PUBLIC WELFARE 
 
 coal therefrom for the use of the state and such Ohio board of adminis- 
 tration has entered into an agreement with the lessee of the surface of 
 such lands holding under a lease from the trustees of an original sur- 
 veyed township or other board or officer empowered by law to execute 
 and deliver such leases, reimbursing such surface lessee for all damages 
 that he may suffer by reason of the entry upon such lands by the Ohio 
 board of administration for the purpose of operating a coal mine thereon, 
 the state supervisor shall execute a coal lease thereon to such Ohio board 
 of administration. Such lease shall reserve to the state such royalties 
 as may be determined by the state supervisor, the governor and the at- 
 torney general acting as a board for such purpose. And the Ohio board 
 of administration is authorized to exceute and delivery of (deliver) such 
 lease. (107 v. 364.) 
 
 SECTION 3188. Operation of mines; coal furnished state at cost. 
 The Ohio board of administration may mine coal from any of the lands 
 set aside by Congress for the support of the schools or the purposes of 
 religion, and leased by it pursuant to law. It may employ for the purpose 
 of operating such mines, all necessary superintendents, foremen, miners, 
 engineers or other labor. Such coal shall be furnished the state and its 
 public institutions at the actual cost of production, such cost to include a 
 sufficient charge to cover the cost of replacement of and interest upon any 
 permanent improvement upon such mining property. Any person em- 
 ployed in such mining operations shall be in the unclassified civil service 
 of the state. (107 v. 381.) 
 
 ENUMERATION OF UNFORTUNATES 
 
 SECTION 3360. Quadrennial enumeration of unfortunates. Quad- 
 rennially at the time of taking a list of property for taxation, each as- 
 sessor shall take an enumeration of all deaf and dumb, blind, epileptic 
 and epileptic insane, insane and idiotic persons, whose usual place of 
 residence is in any family, jail or infirmary in his township or precinct, 
 on the day preceding the second Monday of April, with their names in full, 
 their age, sex, race, residence, whether in charge of parents or guardian, 
 and, where known, the cause and duration of such deficiency. He shall 
 make a list of such deaf and dumb, blind, epileptic and epileptic insane, 
 insane and idiotic persons, designating those of each class, and the names 
 of their parents or guardians, and post-office address, and return it to 
 the county auditor, on or before the third Monday of May in the same 
 year. (91 v. 97.) 
 
 ENUMERATION OF EPILEPTICS AND EPILEPTIC INSANE 
 
 SECTION 3361. Abstract of returns of epileptics and epileptic in- 
 sane. Quadrennially, on or before the third Saturday in August, on 
 blanks to be furnished by such manager, the auditor of each county shall 
 make and transmit to the manager of the Ohio hospital for epileptics, a 
 duly certified abstract of the enumeration returns of epileptics and 
 epileptic insane, so made to him by the assessors, and at the same time 
 make and furnish the probate judge of his county a like certified ab- 
 stract of epileptics and epileptic insane in the county, as returned by the 
 
LAW BULLETIN 257 
 
 assessors. For making and transmitting such abstract, the auditor shall 
 receive eight cents per hundred words, to be paid from the county treas- 
 ury on the allowance of the county commissioners. (91 v. 97.) 
 
 POOR 
 
 SECTION 3476. Trustees and corporation officers shall afford relief. 
 Subject to the conditions, provisions and limitations herein, the trustees 
 of each township or the proper officers of each city therein, respectively, 
 shall afford at the expense of such township or municipal corporation 
 public support or relief to all persons therein who are in condition re- 
 quiring it. It is the intent of this act that townships and cities shall 
 furnish relief in their homes to all persons needing temporary or partial 
 relief who are residents of the state, county and township or city as de- 
 scribed in section 3477 and 3479. Relief to be granted by the county 
 shall be given to those persons who do not have the necessary residence 
 requirements, and to those who are permanently disabled or have become 
 paupers and to such other persons whose peculiar condition is such they 
 cannot be satisfactorily cared for except at the county infirmary or under 
 _ county control. When a city is located within one or more townships, 
 such temporary relief shall be given only by the proper municipal of- 
 ficers, and in such cases the jurisdiction of the township trustees shall be 
 limited to persons who reside outside of such a city. (108 v. Pt. I, 272.) 
 
 SECTION 3477. Legal settlement defined. Each person shall be con- 
 sidered to have obtained a legal settlement in any county in this state in 
 which he or she has continuously resided and supported himself or her- 
 self for twelve consecutive months, without relief under the provisions of 
 law for the relief of the poor, subject to the following exceptions: 
 
 First—An indentured servant or apprentice legally brought into this 
 state shall be deemed to have obtained legal settlement in the township 
 or municipal corporation in which such servant or apprentice has served 
 his or her master or mistress for one year continuously. 
 
 Second—The wife or widow of person whose last legal settlement 
 was in a township or municipal corporation in this state, shall be con- 
 sidered to be legally settled in the same township or municipal corpora- 
 tion. If she has not obtained a legal settlement in this state, she shall 
 be deemed to be legally settled in the place where her last legal settlement 
 was previous to her marriage. (73 v. 233.) 
 
 SECTION 3478. Defense of trustees in action for non-support of 
 pauper. In an action to compel the support or relief of a pauper, or in 
 action based upon the refusal of such officers to afford support or relief to 
 any person, it shall be sufficient defense for the township trustees, or 
 proper municipal officers to show that such person, during the period 
 necessary to obtain a legal settlement therein has been supported in 
 whole or in part by others with the intention to thereby make such 'per- 
 son a charge upon such township or municipal corporation. The fact 
 that such person, during the period necessary to obtain a legal settle- 
 ment therein, has been supported in whole or in part by others shall be 
 prima facie evidence of such intention. (93 v. 112.) 
 
258 DEPARTMENT OF PUBLIC WELFARE 
 
 SECTION 3479. Settlement of persons. A person having a legal 
 settlement in any county in the state shall be considered as having a legal 
 settlement in the township, or municipal corporation therein, in which he 
 has last resided continuously and supported himself for three consecutive 
 months without relief, under the provisions of law for the relief of the 
 poor. When a person has for a period of more than one year not secured 
 a legal settlement in any county, township or city in the state, he shall 
 be deemed to have a legal settlement in the county, township or city 
 where he last had such settlement. (108-v. Pt. 1, 272.) 
 
 SECTION 3480. Relief, how obtained; notice to trustees and officers. 
 When a person in a township or municipal corporation requires public 
 relief, or the services of a physician or surgeon, complaint thereof shall 
 be forthwith made by a person having knowledge of the fact to the town- 
 ship trustees, or proper municipal officer. If medical services are re- 
 quired, and no physician or surgeon is regularly employed by contract to 
 furnish medical attendance to such poor, the physician called or attend- 
 ing shall immediately notify such trustees or officer, in writing, that he 
 is attending such person, and thereupon the township or municipal cor- 
 poration shall be liable for relief and services thereafter rendered such 
 person, in such amount as such trustees or proper officers determine to 
 be just and reasonable. If such notice be not given within three days 
 after such relief is afforded or services begin, the township or municipal 
 corporation shall be liable only for relief or services rendered after notice 
 has been given. Such trustees or officer, at any time may order the dis- 
 continuance of such services, and shall not be liable for services or relief 
 thereafter rendered. (33 v. 271.) 
 
 SECTION 3481. Proper officers shall visit persons requiring relief. 
 When complaint is made to the township trustees or to the proper of- 
 ficers of the municipal corporation that a person therein requires public 
 relief or support, one or more of such officers, or some other duly author- 
 ized person, shall visit the person needing relief, forthwith, to ascertain 
 his name, age, sex, color, nativity, length of residence in the county, 
 previous habits and present condition and in what township and county 
 in this state he is legally settled. The information so ascertained shall 
 be transmitted to the township clerk, or proper officer of the municipal 
 corporation, and recorded on the proper records. No relief or support 
 shall be given to a person without such visitation or investigation, except 
 that within counties, where there is maintained a public charity organ- 
 ization, or other benevolent association, which investigates and keeps a 
 record of facts relating to persons who receive or apply for relief, the 
 infirmary superintendents, township trustees or officers of a city shall ac- 
 cept such investigation and information and may grant relief upon the 
 approval and recommendation of such organization. Every reasonable 
 effort shall be made by the township trustees and municipal officers to 
 secure aid from relatives and interested organizations before granting 
 relief from public funds. (108 v. Pt. I, 272.) 
 
 SECTION 3482. Removal of foreign paupers to their own county. 
 When it has been so ascertained that a person requiring relief has a legal 
 settlement in some other county of the state, such trustees or officers 
 shall immediately notify the infirmary superintendent of the county in 
 
LAW BULLETIN 259 
 
 which the person is found, who, if his health permits, shall immediately 
 remove the person to the infirmary of the county of his legal settlement. 
 If such person refuses to be removed, on the complaint being made by the 
 infirmary superintendent, the probate judge of the county in which the 
 person is found shall issue a warrant for such removal, and the county 
 wherein the legal settlement of the person is, shall pay all expenses of 
 such removal and the necessary charges for relief and in case of death 
 the expense of burial if a written notice is given the county commission- 
 ers thereof within twenty days after such legal settlement has been 
 ascertained. (108 v. Pt. I, 273.) 
 
 SECTION 3483. Notice to other county; action .to recover costs of 
 relief. Upon refusal or failure to pay such expenses, such board of 
 county commissioners may be compelled so to do by a civil action against 
 them by the board of county commissioners of the county from which 
 such person is removed, in the court of common pleas of the county to 
 which such removal is made. If such notice is not given within twenty 
 days after such board of county commissioners ascertain such person’s 
 residence, and within ninety days after such relief has been afforded, the 
 board of county commissioners where such person belongs shall not be 
 liable for charges or expenditures accruing prior to such notice. (108 v. 
 Pt. 5, 278.) 
 
 SECTION 3484. Removal of indigent persons to their own counties. 
 When the trustees of a township in a county in the state in which there 
 is no county infirmary ascertain that any person in such township has a 
 legal settlement in another county of the state, they shall immediately 
 notify the board of county commissioners thereof to remove such person 
 to the infirmary of such county. Should his health permit, such board of 
 county commissioners shall immediately remove such person to their 
 infirmary, and, if within twenty days after such legal settlement is ascer- 
 tained, a written notice is given them, to pay all expenses theretofore 
 incurred for his relief in the township in which such person is found. 
 Upon their refusal or failure to so remove such person, the trustees of 
 such township may furnish him the necessary relief and collect the 
 amount thereof from such board of county commissioners by a civil 
 action, in the name of such township trustees, in the court of common 
 pleas of the county in which such infirmary is situated. (108 v. Pt. I, 
 273.) 
 
 SECTION 3485. Accounts to be kept by trustees and corporation 
 officers; settlements. The township trustees or proper officers of a 
 municipal corporation shall keep accurate accounts of expenses so in- 
 curred, and make entries in a book of the names of the persons, and time 
 when each become chargeable, with an account of their own services 
 rendered. Such account shall be adjusted and settled on the first Mon- 
 days of March and September. The clerk of the township or municipality 
 shall record the accounts in the proper records, and issue order on the 
 treasurer thereof for the amount thus paid and services rendered as soon 
 as paid or rendered. Such trustees or proper officers shall issue orders 
 on the treasurer thereof for such demands when they accrue. (93 v. 
 272.) 
 
260 DEPARTMENT OF PUBLIC WELFARE 
 
 SECTION 3486. Annual report to auditor. Immediately after the 
 September settlement the township clerk or proper officer of a municipal 
 corporation shall make and file with the county auditor a report of the 
 administration of the poor laws in the township or municipality for the 
 preceding year, showing all expenditures in that behalf as follows: First, 
 the aggregate of physicians’ fees paid; second, the aggregate paid for 
 supplies, food, clothing, etc.; third, aggregate of per diem and expenses 
 of such trustees or municipal officers in connection with the poor laws. 
 (93 v. 272.) 
 
 SECTION 3487. Accounts to be certified. No account shall be 
 audited or allowed by the trustees of a township or officers of a municipal 
 corporation for the support of the poor, unless accompanied by the proper 
 voucher, verified by the claimant or his agent, and duly certified by such 
 trustees or officers. (93 v. 278.) 
 
 SECTION 3488. Relief in counties having no infirmary. When the 
 trustees of a township in a county having no county infirmary, are sat- 
 isfied that a ‘person in such township ought to have public relief they 
 shall afford such relief at the expense of their township as in their 
 opinion the necessities of the person require. When more than temporary 
 relief is required, they shall post a notice in three public places in the 
 township, specifying a time and place at which they will receive proposals 
 for the maintenance of such person, which notice shall be posted at least 
 seven days before the day therein named for receiving proposals. (73 
 Voude.) 
 
 SECTION 3489. Contract for support of person. The township 
 trustees may contract with such person as they think suitable to take 
 charge of and maintain such person, which shall be on the most reason- 
 able terms, but not for more than one year at any one time. If the legal 
 settlement of such person is not within this state, or is unknown, they 
 shall keep an accurate account of moneys so expended, and certify it, 
 with the vouchers therefor, to the county commissioners, who shall cause 
 the amounts so paid to be refunded to such township from the county 
 treasury, on the warrant of the county auditor. (73 v. 233.) 
 
 SECTION 3490. Medical relief of poor in township or corporations. 
 The trustees of a township, or the proper officers of a municipal corpora- 
 tion in any county may contract with one or more competent physicians 
 to furnish medical relief and medicines necessary for the persons who 
 come under their charge under the poor laws, but no contract shall ex- 
 tend beyond one year. Such physician shall report quarterly to the clerk 
 of the township or municipality, on blanks furnished him for that pur- 
 pose, the names of all persons to whom he furnished medical relief or 
 medicines, the number of visits made in attending such person, the char- 
 acter of the disease, and such other information as may be required by 
 such trustees or officers. (93 v. 273.) 
 
 SECTION 3491. To whom contract shall be awarded. Such contracts 
 shall be given to the lowest competent bidder. The trustees or municipal 
 officers shall reserve the right to reject any and all bids, and to annul 
 such contract at any time for proper cause. (9S V7 27 bs) 
 
LAW BULLETIN 261 
 
 SECTION 3492. Liability of trustees after contract has been entered 
 into. When the township trustees or the officers of a municipal corpora- 
 tion enter into such contract, such township or municipality shall not be 
 liable for any relief thereafter otherwise furnished such person, so long 
 as such contract remains in force. (108 v. Pt. I, 274.) 
 
 SECTION 3493. Performance of labor by recipient of public relief. 
 When public relief, not in a county or city infirmary is applied for, or 
 afforded by the infirmary officials of any county or the trustees of a 
 township or officers of a municipal corporation, and the applicant or re- 
 cipient is able to do manual labor, such officers shall require a male ap- 
 plicant or recipient to perform labor to the value of the relief afforded, 
 at any time, upon any free public park, public highway, or other public 
 property or public contract therein, under the direction of the proper 
 authorities having charge or control thereof. If relief has been afforded 
 and such recipient refuses to perform the labor provided, record of the 
 fact shall be made, all relief or support thereafter refused him, and he 
 may be proceeded against as a vagrant. (108 v. Pt. I, 274.) 
 
 SECTION 3494. When trustees and commissioners shall control 
 pauper’s property. The commissioners of counties having no infirmary, 
 the trustees of a township or the proper officer of a municipal corporation 
 therein, shall have and may exercise the same rights, powers, and duties 
 with reference to the property of persons coming under their charge under 
 the poor laws of the state, as are conferred upon and exercised by in- 
 firmary officials in counties having infirmaries. (108 v. Pt. I, 274.) 
 
 SECTION 3495. Burial of dead, in certain cases. When the dead 
 body of a person is found in a township or municipal corporation, and 
 such person was not an inmate of a penal reformatory, benevolent or 
 charitable institution, in this state, and whose body is not claimed by any 
 person for private interment at his own expense, or delivered for the 
 purpose of medical or surgical study or dissection in accordance with the 
 provisions of section 9984, it shall be disposed of as follows: If he were 
 a legal resident of the county, the proper officers of the township or cor- 
 poration in which his body was found shall cause it to be buried at the 
 expense of the township or corporation in which he had a legal residence 
 at the time of his death; if he had a legal residence in any other county 
 of the state at the time of his death, the infirmary superintendent of the 
 county in which his dead body was found shall cause it to be buried at 
 the expense of the township or corporation in which he had a legal 
 residence at the time of his death, but if he had no legal residence in the 
 state, or his legal residence is unknown, such infirmary superintendent 
 shall cause him to be buried at the expense of the county. 
 
 It shall be the duty of such officials to provide at the grave of such 
 person, a stone or concrete marker on which shall be inscribed the name 
 and age of such person, if known, and the date of his death. (108 v. 
 Pt. I, 274.) 
 
 SECTION 3496. Pauper dying in benevolent institution; burial of by 
 county. In a county in which is located a state benevolent institution, 
 the board in control of said institution shall pay all expenses of the burial 
 of a pauper that dies in such institution, except when the body is deliv- 
 
262 DEPARTMENT OF PUBLIC WELFARE 
 
 ered in accordance with the provisions of section 9984 of the General 
 Code, and send an itemized bill of expenses thereof to the county com- 
 missioners of the county from which the pauper was sent to the institu- 
 tion. Such county commissioners shall immediately pay the bill to such 
 board in control. (108 v. 58.) 
 
 WATER SUPPLY FOR PUBLIC INSTITUTIONS 
 
 SECTION 3963. Water supply free for certain purposes. No charge 
 shall be made by a city or village, or by the waterworks department 
 thereof, for supplying water for extinguishing fire, cleaning fire ap- 
 paratus, or for furnishing or supplying connections with fire hydrants, 
 and keeping them in repair for fire department purposes, the cleaning of 
 market houses, the use of any public building belonging to the corpora- 
 tion, or any hospital, asylum, or other charitable institutions, devoted to 
 the relief of the poor, aged, infirm, or destitute persons, or orphans or 
 delinquent children, or for the use of the public school buildings in such 
 city or village. 
 
 School district not wholly within municipality. But in any case 
 where the school district, or districts, include territory not within the 
 boundaries of the city or village, a proportionate charge for water service 
 shall be made in the ratio which such tax valuation of the property outside 
 the city or village bears to the tax valuation of all the property within 
 such school district, subject to the rules and regulations of the water- 
 works department of the municipality governing, controlling, and regu- 
 lating the use of water consumed. (108 v. Pt. II, 1160.) 
 
 CHILDREN’S. HOMES 
 (MUNICIPAL) 
 See Sections 8085-8105 G. C., for County Homes 
 
 SECTION 4083. Powers of trustees and managers. In cities where 
 children’s homes or industrial schools are established under the incorpor- 
 ation law of the state, the trustees and managers of such institution may 
 take under their guardianship all children placed under their care and 
 management in either of the following modes: 
 
 First. Children under sixteen years of age, who are voluntarily 
 surrendered by the father and mother or in case of death, or long con- 
 tinued or wilful absence of the father, by the mother, or by their guar- 
 dians, to the care of such trustees and managers, they being by virtue 
 of such surrender invested with the same power over the persons of the 
 children as the parents or guardians. 
 
 Second. Children under sixteen years of age who are committed to 
 their care by the juvenile court. (103 v. 895.) 
 
 SECTION 4084. May act as guardian of children, and procure them 
 homes. The trustees and managers shall have the guardianship of such 
 children during their minority, and, when it seems proper, may place 
 them in suitable homes, having scrupulous regard as to the religious and 
 moral character of the persons with whom such children are placed, in 
 
“ LAW BULLETIN 263 
 
 order to secure to them the benefits of good example and wholesome in- 
 struction, and the opportunity of becoming intelligent and useful men and 
 women. (63 v. 51.) 
 
 SECTION 4085. May indenture children. The trustees and managers 
 shall require an agreement to be entered into, that each and every child 
 so placed shall be furnished with good and sufficient food and clothing 
 and a suitable common school education. Such agreement shall be in a 
 form to be prescribed by the board of state charities. (103 v. 895.) 
 
 SECTION 4086. What records shall be kept. Such trustees and 
 managers shall provide themselves with records, in which shall be entered 
 the age, parentage, place of residence, and present condition of every child 
 received in any such children’s home or industrial school. They shall 
 also cause to be entered in such records the time when, the place where, 
 and the person to whom any of the inmates of such children’s home or 
 industrial school have been placed for suitable homes, together with a 
 substantial statement of any contract made between such trustees and 
 managers and the persons receiving such child. (103 v. 895.) 
 
 SECTION 4087. Cancellation of contract. If a person so taking 
 charge of a child, desires to be released from the contract, the trustees 
 and managers, upon application, may cancel it, and resume the charge 
 and management of the child, and shall have the same power and 
 authority over him as before the agreement was made. (103 v. 895.) 
 
 SECTION 4088. Removal of children from unsuitable homes. The 
 trustees and managers may remove a child from a home when, in their 
 judgment, it has become an unsuitable one. In such cases, they shall 
 resume the same power and authority as they originally possessed, but 
 they may return the child to parents or a surviving parent or guardian, 
 or when they believe the child to be capable of caring and providing for 
 himself, may discharge him to his own care. They shall have the same 
 power respecting such children and be subject to the same obligations as 
 provided in the case of county children’s homes by sections 3098, 3099, 
 3100, 3101, 3102, and 3103 of the General Code. (103 v. 895.) 
 
 COUNTY HOMES 
 (INFIRMARIES) 
 (See Sections 2419-3; 2522-2572) 
 
 SECTION 4089. Management and control. The management of the 
 affairs of corporation infirmaries and the care of the inmates thereof, the 
 erection and enlargement of infirmary buildings and additions thereto, 
 the repair and furnishing thereof, the improvement of the grounds there- 
 with connected, and the granting of outdoor relief to the poor, shall be 
 vested in the director of public safety. (80 v. 46.) 
 
 SECTION 4090. Location of infirmary or pest house. The infirmary, 
 or the pest house of the corporation may be located either within or outside 
 of the corporation limits, and the council may purchase and hold the 
 necessary real estate on which to build them. (72 v. 76.) 
 
 SECTION 4091. Regulations applicable to hospitals shall govern. 
 In the management of an infirmary, in the care and treatment of the in- 
 
264 DEPARTMENT OF PUBLIC WELFARE 
 
 mates thereof, and in the erection, enlargement, or repair of any build- 
 ing for infirmary purposes, or of any addition thereto, the director of 
 public safety shall have the same powers, be governed by the same regu- 
 lations, and perform the same duties, as far as applicable, as are vested in 
 him in relation to municipal hospitals. The power of the council in rela- 
 tion thereto, shall be the same, so far as applicable, as herein provided in 
 relation to hospitals. (66 v. 200.) 
 
 SEcTION 4092. Care for the inmates; separation of sexes. Such 
 directors shall see that the inmates of such infirmary are comfortably 
 provided for and kindly treated, and, whenever deemed necessary, he 
 may provide for the care and the support of the males and females in 
 separate buildings, or in separate departments of the same building. 
 (66 v. 200.) 
 
 SECTION 4093. Appointment of overseers of the poor. Council shall 
 provide by ordinance for the appointment by the director of public safety 
 of such number of persons as is deemed necessary, not to exceed one in 
 each ward, to act as overseers of the poor. The director shall prescribe 
 their duties as to the care of the poor, and their removal, when necessary, 
 to the infirmary, but such persons shall receive no compensation for their 
 services. (77 v. 16.) 
 
 SECTION 4094. Duties in case of partial relief. Upon complaint 
 being made or information given to such director, that a person residing 
 in the city requires public assistance or support, the director shall inquire 
 into the condition and necessities of such person, and if satisfied that 
 relief ought to be granted at public expense, and that the person requires 
 temporary or partial relief only, and that for any case it would not be 
 prudent to remove him to the city infirmary, the director may afford re- 
 lief, at the expense of the city, without such removal. The director of 
 public safety has the same power of removing paupers settled in some 
 other county in this state which, by law, is conferred on county infirmary 
 directors. (78 v. 233.) 
 
 SECTION 4095. Duties of director in case of no legal settlement. 
 When an infirmary is erected and established in a city for the accommo- 
 dation of its poor, the director of public safety shall not require the 
 directors of the county infirmary of the county in which such city is sit- 
 uated, to receive and provide for persons having no legal settlement 
 within this state or whose place of residence is unknown, or to charge 
 the commissioners of the county with the expense of providing for such 
 persons in the city infirmary, but he shall furnish relief and support to 
 such persons in the city infirmary, applying therefor, the same as county 
 infirmary directors are required to do, and have like power of removing 
 such persons as county infirmary directors have to such other city or 
 county infirmary where such pauper’s legal settlement is. The provisions 
 of this section shall only apply to counties in which there is a county and 
 a city infirmary. (73 v. 233.) 
 
 SECTION 4096. When there are orphan asylums in cities. In cities 
 in which orphan asylums are established by law, or as private institu- 
 tions the director of public safety may make such arrangements with the 
 trustees or the person having charge of such asylums, for the support 
 
LAW BULLETIN 265 
 
 and education of all orphans or other children coming under his control 
 by virtue of the laws in force at such time, as he deems proper, and shall 
 allow such compensation as is reasonable and just, to be paid from the 
 poor fund of the city. (51 v. 412.) 
 
 WORKHOUSES 
 
 SECTION 4128. Cost of maintenance of workhouse prisoners. When 
 a person over sixteen years of age is convicted of an offense under the 
 law of the state or an ordinance of a municipal corporation, and the 
 tribunal before which the conviction is had is authorized by law to com- 
 mit the offender to the county jail or corporation prison, the court, mayor, 
 or justice of the peace, as the case may be, may-sentence the offender to 
 the workhouse, if there is such house in the county. When a commitment 
 is made from a city, village, or township in the county, other than in the 
 municipality having such workhouse, the council of such city or village, 
 or the trustees of such township, shall transmit with the mittimus a sum 
 of money equal to not less than seventy cents per day for the time of the 
 commitment, to be placed in the hands of the superintendent of the work- 
 house for the care and maintenance of the prisoner. (110 v. 12.) 
 
 SECTION 4129. Labor of workhouse prisoners. A person so sen- 
 tenced shall be received into such workhouse, and shall be kept and con- 
 fined at labor therein, or if such labor cannot be furnished therein, such 
 person may be employed at labor elsewhere when such employment is 
 authorized by ordinance, and shall be subject to the rules, regulations 
 and discipline thereof, until the expiration of his sentence, when he shall 
 be discharged. No person committed or held in default of the payment 
 of a fine, penalty, or costs of a prosecution, shall be released under the 
 laws providing for the relief of insolvent debtors. (110 v. 12.) 
 
 SECTION 4130. Cumulative sentence. Every person who, after 
 having been convicted, sentenced and imprisoned, in any workhouse for 
 an offense committed in this state in violation of an ordinance of a 
 municipality, or law of the state, is convicted of a second misdemeanor 
 whether committed in violation of an ordinance of a municipality, or a 
 law of the state, punishable by imprisonment in any workhouse within 
 this state, shall for such second offense, be punished by imprisonment for 
 not less than double the penalty imposed for the first offense, and in case 
 of two previous convictions for such misdemeanors, the penalty for a 
 third misdemeanor shall not be less than double the penalty imposed in 
 the last of such previous misdemeanors. But no greater punishment 
 shall be inflicted for the second or third misdemeanor, than the maximum 
 penalty provided by law or ordinance for the particular offense com- 
 mitted. (92 v. 359.) 
 
 SECTION 4131. Habitual offender. Every person who, after having 
 been three times convicted, sentenced and imprisoned in any workhouse 
 or workhouses for offenses committed in this state, whether in violation 
 of law or ordinance, shall be convicted of a fourth misdemeanor, whether 
 committed in violation of an ordinance of a municipality or law of the 
 state, punishable by imprisonment in any workhouse within the state, shall, 
 upon conviction for such offense be held and deemed to be an habitual 
 
266 DEPARTMENT OF PUBLIC WELFARE 
 
 offender and shall be imprisoned in a workhouse for a period of not less 
 than one year nor more than three years. In all such cases the court 
 may order that the offender stand committed to such workhouse until the 
 costs of prosecution are paid. The fact of former convictions shall be 
 charged in the information or complaint and, if proved, shall be stated 
 in the commitment. A pardon for a former offense granted on the grounds 
 of innocence shall operate as a full defense in any charge under this 
 section of a prior conviction for such offense. (92 v. 359.) 
 
 SECTION 4132. Prompt commitment; fees. The officer having the 
 execution of the final sentence of a court, magistrate, or mayor, shall 
 cause the convict to be conveyed to the workhouse as soon as practicable 
 after the sentence is pronounced; and all officers shall be paid the fees 
 therefor allowed by law for similar services in other cases. Such fees 
 shall be paid, when the sentence is by the court, from the county treas- 
 ury, and when by the magistrate, from the township treasury. (66 v. 196.) 
 
 SECTION 4133. Discharge and record thereof. An officer vested by 
 statute with authority to manage a workhouse, may discharge, for good 
 and sufficient cause, a person committed thereto. A record of all such 
 discharges shall be kept and reported to the council, in the annual report 
 of the officer, with a brief statement of the reasons therefor. (97 v. 488.) 
 
 SECTION 4134. Parole of inmates. Such officer also may establish 
 rules and regulations under which, and specify the conditions on which, 
 a prisoner may be allowed to go upon parole outside of buildings and en- 
 closures. While on parole such person shall remain in the legal custody 
 and under the control of the officer, and subject at any time to be taken 
 back within the enclosure of the institution. Full power to enforce the 
 rules, regulations and conditions, and to retake and reimprison any con- 
 vict so upon parole, is hereby conferred upon such officer, whose written 
 order shall be sufficient warrant for all officers named therein to authorize 
 them to return to actual custody any conditionally released or paroled 
 prisoner. All such officers shall execute such order the same as ordinary 
 criminal process. (97 v. 488.) 
 
 SECTION 4135. Violation of parole. Such officer may employ or 
 authorize any person or persons to see that the conditions of a parole are 
 not violated, and in case of violation to return to the workhouse any pris- 
 oner so violating his parole, and the time between the violation of the 
 conditions of such parole, or conditional release by whatever name, as 
 entered by order of the officer on the records of the workhouse, and the 
 reimprisonment or return of the prisoner, shall not be counted as any 
 part or portion of time served under his sentence. (97 v. 488.) 
 
 SECTION 4136. Return of paroled to custody. Any prisoner at large 
 upon parole who fails to return to the actual custody of the workhouse 
 as specified as one of the conditions of his parole, or commits a fresh 
 crime and is convicted thereof, shall be, on the order of the officer, treated 
 as an escaped prisoner and subject to the penalties named in section 
 twelve thousand eight hundred and forty. But no parole shall be granted 
 
 by any such officer without previous notice thereof to the trial judge. 
 (97 v. 488.) 
 
LAW BULLETIN 267 
 
 SECTION 4137. Officers to have police powers. The superintendent, 
 assistant supernitendent, and each guard of the workhouse shall have such 
 powers of policeman as may be necessary for the proper performance of 
 the duties of his position. (66 v. 196.) 
 
 SECTION 4138. Infants received where there is no house of refuge. 
 The council of a corporation owning a workhouse, but not owning a house 
 of refuge and correction, may provide for receiving infants into such 
 workhouse, in the manner herein prescribed for receiving infants into 
 house of refuge. The director of the workhouse may make such rules and 
 regulations in regard to admission of infants, and their management as 
 are provided in such houses of refuge. (66 v. 196.) 
 
 SECTION 4139. Commissioners may unite with city erecting work- 
 house. The commisioners of a county may unite with any municipality 
 located in such county in the acquirement or erection, management and 
 maintenance of a workhouse for the joint use of such county and munici- 
 pality, upon such terms as they may agree, and the commissioners may 
 levy and collect the necessary funds therefor from the taxable property 
 of the county. (97 v. 448.) 
 
 SECTION 4139-1. County or city may withdraw from joint workhouse. 
 That in any county wherein there has been heretofore constructed and 
 maintained a joint city and county workhouse, either the municipality or 
 the county be and they are hereby authorized and empowered to with- 
 draw therefrom, and either such municipality or such county may de- 
 cline to further participate in the expense of maintaining such institu- 
 tion, and either such municipality or such county may sell, in accord- 
 ance with the sections of the General Code in such cases made and pro- 
 vided, its interest in such joint institutions; and in the event of a sale 
 thereof by such municipality, the proceeds thereof shall be used in the 
 payment of such indebtedness as may have been incurred in behalf of 
 such municipality in the management, control, and operation of such 
 workhouse, and the balance thereof, if any remaining, shall be placed 
 in the general fund of such municipality. In the event of such sale by 
 any county, the proceeds of such sale shall be used in the payment of 
 such indebtedness as may have been incurred in behalf of such county 
 in the management, control, and operation of such workhouse, and the 
 balance thereof, if any remaining, shall be placed in the general fund 
 of such county. (108 v. Pt. II, 1232.) 
 
 SECTION 4140. Powers of board of directors. In cities, such work- 
 house shall be managed and controlled by a joint board composed of the 
 county commissioners and the board of control of the city, and in villages 
 by the’ county commissioners and the board of trustees of public affairs. 
 Such joint board shall have all the powers and duties in the manage- 
 ment, control and maintenance of such workhouse as are conferred upon 
 the director of public safety in cities, and in addition thereto the joint 
 board may construct sewers for such workhouse and pay therefor from 
 funds raised by taxation for the maintenance of such institution. The 
 board may lease or purchase suitable property and buildings for a work- 
 house, or real estate for the purpose of erecting and maintaining a 
 workhouse thereon, but it shall not expend more than ten thousand 
 
268 DEPARTMENT OF PUBLIC WELFARE 
 
 dollars for any such purpose unless the amount be approved by a major- 
 ity of the voters of the county, exclusive of the municipality voting a 
 general election. (68 v. 114.) 
 
 SEcTION 4141. Workhouse prisoners from other counties. Any 
 city or district having a workhouse, may receive as inmates thereof 
 persons sentenced or committed thereto, as provided by law, from 
 counties other than the one in which such workhouse is situated, upon 
 such terms and during such length of time as agreed upon by the com- 
 missioners of such counties, or by the council of such municipality, and 
 the council of the city, or the board of the district workhouse, or other 
 authority having the management and control of such workhouse. Con- 
 victs so received shall in all respects be and remain under control of 
 such director or board of workhouse directors, and subject to the rules, 
 regulations and discipline of such workhouse, the same as other con- 
 victs therein detained. (110 v. 18.) 
 
 SECTION 4142. Commissioners of county may unite in erecting a 
 workhouse; submitted to electors. The commissioners of any counties 
 may unite in the erection, management, and maintenance of a work- 
 house for the joint use of such counties, but before such workhouse 
 can be established the question of the establishment thereof shall be 
 first submitted to the qualified electors of each such county at a general 
 election and a majority of the qualified electors voting upon the propo- 
 sition in each county shall have voted in favor thereof. Notice of the 
 submission of the question of building a workhouse shall be published 
 for four weeks prior to such election in a newspaper of general circu- 
 lation in each county interested. (80 v. 81.) 
 
 SECTION 4143. Board of directors. The construction, management 
 and control of a workhouse established under the preceding section, and 
 the maintenance and care of the convicts therein, shall be vested in a 
 board of directors, who shall be called the board of workhouse directors, 
 and shall be composed of two persons from each county composing the 
 district, who are electors of the county from which they are appointed, 
 and are ‘free-holders therein, to be appointed by the board of county 
 commissioners of such county who shall belong to different political 
 parties, one of whom shall hold his office for a term of six years, and 
 one for the term of three years. At the first meeting in May, and 
 annually thereafter, the board shall elect a president, and appoint a 
 secretary, who shall make a complete record of all proceedings, and such 
 other officers as may be necessary, and fix the tax compensation of their 
 services. The board of directors shall not be entitled to any compensa- 
 tion for their services, but shall have paid all legitimate expenses con- 
 nected with their duties. (90 v. 198.) 
 
 SECTION 4144. Board to determine location and estimate of cost. 
 When a board of workhouse directors have complied with the require- 
 ments of the preceding section, they shall proceed to determine the 
 location of the workhouse, and make an estimate of the cost thereof, 
 including the cost of purchasing grounds for location which, together 
 with all other transactions of the board, shall be recorded by the secre- 
 
LAW BULLETIN 269 
 
 tary, in a book to be kept for that purpose, which record shall be ap- 
 proved by the board and countersigned by the president, and shall be 
 open at all times to the inspection of any resident of the district. (80 
 v. 82.) 
 
 SECTION 4145. Certificate of estimates to commissioners. After the 
 selection of a location and the approval of estimates as to the cost of 
 purchasing a site and the construction of necessary buildings and ap- 
 pliances for the workhouse, the board shall certify over the seal of the 
 president and secretary, to each of the boards of county commissioners 
 within the district, the full amount of the estimated cost of location, 
 construction, and maintenance of the workhouse for one year from the 
 first regular meeting in May next succeeding this certification. (80 
 v. 82.) 
 
 SECTION 4146. Levy therefor; bonds may be issued. Thereupon 
 each board of county commissioners shall levy upon the general dupli- 
 cate of the county in which they are commissioners, a tax equal to such 
 county’s proportion of the entire estimated costs, in the proportion of 
 such county’s valuation in the general duplicate to the aggregate valua- 
 tion of all the counties joining in the formation of the board and dis- 
 trict. After the levies are made by each of the county board of com- 
 missioners, each of such boards may anticipate the levies by the issuing 
 of bonds, as provided for the purpose of a site for a court house. (89 
 v. 82.) 
 
 SECTION 4147. How money shall be distributed. The avails arising 
 from the sale of the bonds shall be paid to the treasurer of the board of 
 workhouse directors, after the treasurer has filed with the board a bond, 
 approved by the board, in double the amount of the estimated expense 
 of construction and maintenance of the workhouse. All payments for 
 construction, maintenance, or any other purpose or expense, whatever, 
 shall be paid by the treasurer, when such bills have been approved by a 
 majority of the board at any regular or adjourned meeting and when 
 a voucher therefor is issued by the secretary and countersigned by the 
 president of the board. (80 v. 82.) 
 
 SECTION 4148. How cost of maintenance provided. The cost of 
 maintaining a workhouse so established over and above the proceeds 
 arising from the sale of the products thereof shall be paid by each of 
 the counties comprising the district in proportion to the number of in- 
 mates furnished such workhouse by each county, to the aggregate num- 
 ber furnished by all, and such expense shall be paid quarterly by each 
 of the boards of county commissioners, upon the certificate of the secre- 
 tary of the board of workhouse directors, approved by the board and 
 countersigned by the president. (80 v. 82.) 
 
 SECTION 4149. Levy of taxes therefor. For such maintenance, such 
 board of county commissioners may levy a tax upon the general dupli- 
 cate of the county, under the provisions of law authorizing levies for 
 county purposes, such a sum as may be necessary, but not to exceed 
 one-tenth of one mill. (80 v. 82.) 
 
270 DEPARTMENT OF PUBLIC WELFARE 
 
 SecTION 4150. Directors may enlarge buildings or grounds; may 
 admit other counties. The board of workhouse directors may enlarge or 
 improve the buildings, shops or grounds from any surplus that may 
 arise from the sale of the products or from the levy for maintenance made 
 by the counties forming the district, but no levy for maintenance shall 
 be made when it has not been necessary to use more than one-half of 
 the avails of the levy of the year preceding. Any surplus arising from 
 the carrying on of the district workhouse shall be returned to the gen- 
 eral fund of each of the counties comprising the district, in the propor- 
 tion to the number of inmates furnished by each of such counties com- 
 prising the district, in the proportion to the number of inmates furn- 
 ished by each of such counties to the whole number furnished by the 
 district for the current year. The directors may receive any other 
 county into the district upon such terms and conditions as the board 
 may determine, and when a county is thus admitted it shall be entitled 
 to a member of the board as herein provided. (80 v. 83.) 
 
 SECTION 4151. Who may be sentenced to such workhouse. When a 
 person has been convicted of a misdemeanor by a court or magistrate in 
 a district in which there is a workhouse, such court or magistrate may 
 sentence such person to such workhouse for a period not exceeding the 
 maximum period of confinement in the jail of the county provided by 
 statute for such offenses. In all such cases the court or magistrate may 
 further order that such person stand committed to such workhouse un- 
 til the costs of prosecution are paid, or he be discharged as herein pro- 
 vided. In all cases where a fine may be imposed in punishment in whole 
 or in part for an offense and the court or magistrate could order that 
 such person stand committed to the jail of the county until such fine 
 and the costs of prosecution are paid the court, or magistrate may order 
 that such person stand committed to the workhouse until such fine 
 and costs are paid, or until he be discharged at the rate of sixty cents 
 per day for each day of confinement, or be otherwise legally discharged. 
 (80 v. 83.) 
 
 SECTION 4152. Proceeding on such sentence. When a person is 
 sentenced to such workhouse by the court of common pleas, the clerk 
 shall make and deliver to the sheriff a certified copy of the docket and 
 journal entries showing the crime charged and the sentence of the court, 
 which shall be delivered by the sheriff to the proper officer in charge of 
 the workhouse, and shall be his warrant for detaining such person in 
 custody therein. In cases of such convictions by any other court or 
 magistrate such court or magistrate shall make a certified transcript of 
 the docket in the case, which shall in like manner be delivered to the 
 marshal or constable, or sheriff by the court or magistrate, which shall 
 be delivered by the officer to the proper officer in charge of the workhouse, 
 and shall be his warrant for detaining the person in custody therein. In 
 all cases of sentence to such workhouse, the person so sentenced may be 
 confined in the jail of the county for such period as may be reasonably 
 neecssary for the officer to procure the papers and make arrangements 
 to transport him to the workhouse. (80 v. 83.) 
 
 SECTION 4153. Religious services in prison or workhouses. Each 
 administrative board or other authority in the state having charge or 
 
LAW BULLETIN 271 
 
 control of a city prison or workhouse shall provide for holding religious 
 services therein on each Sunday, and may employ a clergyman or re- 
 ligious organization to conduct such services. Any expense so incur- 
 red by such board or authority shall be paid from the general fund of 
 the city. (99 v. 225.) 
 
 QUARANTINE 
 
 SECTION 4436. Maintenance of person confined in quarantined 
 house. When a house or other place is quarantined on account of con- 
 tagious diseases, the board of health having jurisdiction shall provide 
 for all persons confined in such house or place, food, fuel and all other 
 necessaries of life, including medical attendance, medicine and nurses 
 when necessary. The expenses so incurred, except those for disinfec- 
 tion, quarantine or other measures strictly for the protection of the 
 public health, when properly certified by the president and clerk of 
 the board of health, or health officer where there is no board of health, 
 shall be paid by the person or persons quarantined, when able to make 
 such payment, and when not, by the municipality or townships in which 
 quarantined. (108 v. Pt. I, 249.) 
 
 CONTAGIOUS DISEASES 
 
 SECTION 4441. Admission of person suffering from contagious 
 disease to certain institutions. No person suffering from, who has been 
 exposed to, or is liable to become ill of, small-pox or other contagious 
 disease or infectious disease may be sent to or admitted into a prison, 
 jail, workhouse, infirmary, children’s or orphans’ home, state hospital 
 or institution for the insane, epileptic, blind, feeble-minded or deaf and 
 dumb or other state or county benevolent institution without first making 
 known the facts concerning such illness or exposure to the superin- 
 tendent, or other person in charge thereof. When small-pox or other 
 dangerous, contagious or infectious disease is in a jail or prison and a 
 prisoner therein exposed to such disease is sentenced to the peniten- 
 tiary, such prisoner shall be confined and isolated in such jail or prison 
 or other proper place, upon the order of the proper court, for such 
 time as is necessary to establish the fact that he has not contracted 
 such disease. (95 v. 481.) 
 
 SecTION 4442. Contagious disease in public institution. When 
 small-pox, cholera, yellow fever, diphtheria, scarlet fever or other dan- 
 gerous, contagious or infectious disease appears in any state, county 
 or municipal, benevolent, correctional or penal institution, the superin- 
 tendent or manager thereof shall at once isolate the person or persons 
 so affected and enforce the provisions of this chapter for the prevention 
 of contagious diseases, so far as they may apply, and the rules, regu- 
 lations and orders of the state board of health to that effect. (95 
 v. 481.) 
 
 SECTION 4448. Temporary buildings. The trustees or managers of 
 any such institution may erect any necessary temporary building for 
 L B Sig 18 
 
272 DEPARTMENT OF PUBLIC WELFARE 
 
 the reception of such affected persons or for the detention of persons 
 exposed to such diseases and may remove such persons to and confine 
 them in such buildings. (95 v. 431.) 
 
 SECTION 4444. Removal of affected or exposed persons to hospital. 
 Such trustees or managers may contract for the care, treatment or 
 detention of any such persons with any corporation having a hospital 
 or other proper place for the isolation or care of persons suffering from 
 or exposed to contagious disease and may remove such persons to such 
 hospital or place. In case of persons detained in an institution as 
 punishment for crime, an order for such removal shall be obtained 
 from the court which imposed such punishment. In an order for such 
 removal, the court may require such provisions to be made for safely 
 guarding the prisoner while in such hospital or place as it deems neces- 
 sary. (95 v. 431.) 
 
 TAXATION, PROPERTY EXEMPT FROM 
 
 SECTION 5349. Public Institutions. Public school houses and houses 
 used exclusively for public worship, the books and furniture therein 
 and the ground attached to such buildings necessary for the proper 
 occupancy, use and enjoyment thereof, and not leased or otherwise used 
 with a view to profit, public colleges and academies and all buildings 
 connected therewith, and all lands connected with public institutions of 
 learning, not used with a view to profit, shall be exempt from taxation. 
 This section shall not extend to leasehold estates or real property held 
 under the authority of a college or university of learning in this state, 
 but leaseholds, or other estates or property, real or personal, the rents, 
 issues, profits and income of which is given to a city, village, school 
 district, or subdistrict in this state, exclusively for the use, endowment 
 or support of schools for the free education of youth without charge, 
 shall be exempt from taxation as long as such property, or the rents, 
 issues, profits or income thereof is used and exclusively applied for the 
 support of free education by such city, village, district or subdistrict. 
 (99 v. 449.) 
 
 SECTION 5351. State or U. S. property. Real or personal property 
 belonging exclusively to the state or United States shall be exempt from 
 taxation. (R. S. See. 2732.) 
 
 SECTION 5352. Courthouses, jails, etc. Buildings belonging to 
 counties and used for holding courts, and for jails or county offices, with 
 the grounds, not exceeding ten acres in any county, on which such 
 buildings are erected, shall be exempt from taxation. (99 v. 449.) 
 
 SECTION 5353. Lands, etc., for support of poor exempt. Lands, 
 houses and other buildings belonging to a county, township, city or 
 village, used exclusively for the accommodation or support of the poor, 
 or leased to the state or any political subdivision thereof for public pur- 
 poses, and property belonging to institutions of public charity only, 
 shall be exempt from taxation. (108 v. 548.) 
 
 SECTION 5353-1. Property used for support of children’s home 
 exempt. Property, real or personal, and mixed, the net income of which 
 
LAW BULLETIN 273 
 
 is used solely for the support of institutions used exclusively for chil- 
 dren’s homes for poor children, the real estate on which said institutions 
 are located, and the buildings connected therewith, shall be exempt from 
 taxation. (106 v. 179.) 
 
 TAX LEVY FOR SUPPORT OF COUNTY INSTITUTIONS 
 
 SECTION 5627. Commissioners to determine annually amount to be 
 levied, etc. The county commissioners, at their March or June ses* 
 annually shall determine the amount to be raised for ordinary pu: 
 public buildings, the support of the poor, interest and principle o 
 public debt, and for road and bridge purposes. They shall specific 
 set forth in the record of their proceedings the amount to be raised fv - 
 each of such purpose. (56 v. 175.) 
 
 SECTION 5629. Special levy for certain buildings if destroyed. If a 
 county infirmary building or children’s home building, built or in pro- 
 cess of construction, is wholly or partly destroyed by fire, or other cas- 
 ualty, and such county is without sufficient funds applicable to the pur- 
 pose with which to build or repair such building, the commissioners 
 thereof, at a regular or called session, may levy a tax that will pro- 
 duce the sum required for such purpose, not exceeding, in any case, 
 ten thousand dollars. If the commissioners deem it advisable, they may 
 anticipate the collection of such special tax by borrowing not exceeding 
 the amount so levied, at a rate of interest not exceeding seven per cent. 
 per annum, payable semi-annually, and may issue notes or bonds there- 
 for, payable when the tax is collected. (99 v. 308.) 
 
 SECTION 5629-1. Tax levy for repair of public buildings. If any 
 public building in any county, township or municipality in this state, 
 erected from funds raised by general taxation, be condemned, by the proper 
 officials, as unsanitary or unfit for the purposes for which it was erected, 
 and such county, township, or municipality, is without the necessary 
 funds to make said building sanitary and fit for the purposes for which 
 it was built, the proper officials of said county, township or municipality, 
 at a regular or called meeting, shall levy a tax that will produce the sum 
 required to remedy the defects in said building, not to exceed in any 
 case five thousand dollars. Provided, however, such tax shall be subject 
 to all limitations upon interior rate, aggregate amount, maximum rate 
 and combined maximum rate provided by law. If the officials deem it 
 advisable they may anticipate the collection of such special tax by bor- 
 rowing not exceeding the amount so levied at a rate of interest not ex- 
 ceeding six per cent., payable semi-annually, and may issue notes or 
 bonds therefor, payable when the tax is collected. (103 v. 488.) 
 
 SECTION 5630. Annual levy for county purposes. The commission- 
 ers of any county, at their June session, annually, may levy not to exceed 
 three mills on each dollar valuation of taxable property within the 
 county for county purposes other than for roads, bridges, county build- 
 ings, sites therefor, and the purchase of lands for infirmary purposes. 
 For the purpose of building county buildings, purchasing sites therefor, 
 
274 DEPARTMENT OF PUBLIC WELFARE 
 
 and lands for infirmary purposes, they may levy not to exceed two mills 
 on such valuation. (97 v. 308.) 
 
 SECTION 5630-1. Assessment bonds, obligation of county. Bonds, 
 notes or certificates of indebtedness issued by county commissioners in 
 the manner provided by law in anticipation of the collection of special 
 assessments levied or to be levied against the property abutting upon a 
 proposed improvement or to be benefited thereby, or in anticipation of 
 the collection of taxes upon the taxable property of any township, or 
 townships, of the said county within which such improvement is to be 
 made, shall be full, general obligations of such county, for the payment 
 of the principal and interest of which, when due, the full faith, credit 
 and revenues of such county shall be pledged. (110 v. 459.) 
 
 SECTION 5631. Commissioners may levy tax for hospital for insane. 
 The commissioners of any county owning, or wholly or partly maintain- 
 ing, a hospital for the care of the insane, at the June session, annually, 
 may levy a tax, not exceeding three-tenths of one mill, on the taxable 
 property of such county, for the support of such hospital, the payment 
 for lands purchased or acquired for the use thereof, and for enlarge- 
 ments, additions, or other improvements thereto. (97 v. 73.) 
 
 SECTION 5632. Commissioners may borrow money for the same. 
 The commissioners of any county owning, or wholly or partly maintain- 
 ing, a hospital for the care of the insane, may borrow money, not ex- 
 ceeding one hundred and fifty thousand dollars, for enlarging, changing 
 or adding to such hospital, or making other improvements which the 
 trustees or directors in charge thereof decide to be necessary. (97 
 Vv. 745) 
 
 SECTION 5633. May issue bonds therefor. The county commission- 
 ers, making such loan, may issue the bonds of such county payable in 
 not more than fifty years and redeemable after twenty-five years from 
 their date with interest, evidenced by coupons, not exceeding five per 
 cent, payable semi-annually. Such bonds shall be known as “county 
 insane hospital improvement bonds,” shall be signed by the commis- 
 sioners and countersigned by the auditor. The commissioners from time 
 to time, upon request of such directors or trustees, shall sell so many 
 of such bonds as are required for the purposes of their issue, and deposit 
 the proceeds thereof with the treasurer of the county to the credit of 
 the hospital. In selling bonds the commissioners shall be governed by 
 the general provisions of law applicable to the sale of bonds. (97 v. 74.) 
 
 SECTION 5634. Tax levy for same. The county commissioners, an- 
 nually, at the June session, shall levy the amount of taxes required to 
 pay the interest on such bonds and create a sinking fund for the re- 
 demption thereof at maturity. All taxes levied and collected under this 
 section shall be applied exclusively to the purposes for which they were 
 issued. (97 v. 74.) 
 
 SECTION 5638. Powers of county commissioners limited. The 
 county commissioners shall not levy a tax, appropriate money or issue 
 bonds for the purpose of building county buildings, purchasing sites 
 therefor, or for land for infirmary purposes, the expenses of which will 
 
LAW BULLETIN 275 
 
 exceed $15,000.00, except in case of casualty, and as hereinafter pro- 
 vided; or for building a county bridge, the expense of which will exceed 
 $18,000.00, except in case of casualty, and as hereinafter provided; or 
 enlarge, repair, improve or rebuild a public county building, the entire 
 cost of which expenditure will exceed $10,000.00; without first submit- 
 ting to the voters of the county the question as to the policy of making 
 such expenditure. (74 v. 92.) 
 
 SECTION 5639-1. Submission of question to vote after passage of 
 resolution. When the board of county commissioners desires to submit 
 such question to the voters of the county, it shall pass and enter upon 
 its minutes a resolution declaring the necessity of such expenditure, 
 fixing the amount of bonds to be issued, if any, in connection therewith, 
 and fixing the date upon which the question of making any such ex- 
 penditure shall be so submitted, and shall cause a copy of such resolu- 
 tion to be certified to the deputy state supervisors of elections of the 
 county; and thereupon the deputy state supervisors shall prepare the 
 ballot and make other necessary arrangements for the submission of 
 the question to the voters of the county at the time fixed in such reso- 
 lution. 
 
 The election shall be held at the regular places for voting in such 
 county and shall be conducted, canvassed, and certified in the same man- 
 ner, except as otherwise provided by law, as for the election of county 
 officers. The county commissioners shall give fifteen days’ notice of 
 the submission of any such question by publication in at least two news- 
 papers of opposite politics having a general circulation in said county, 
 which notice shall be published once a week for two consecutive weeks, 
 and shall state the amount of such proposed expenditure, the amount 
 of the bonds, if any, to be issued in connection with, the purpose for 
 which such expenditure is to be made, and the time of holding such 
 election. (106 v. 16.) 
 
 SECTION 5642-1. Majority vote. If a majority of the votes so cast 
 are against the proposed expenditure the board of county commissioners 
 shall not assess a tax or issue bonds therefor. If a majority of the 
 votes cast are in favor of the proposed expenditure, the board of county 
 commissioners shall proceed to issue bonds in any sum not exceediny 
 the amount stated upon said ballots, the proceeds of which shall be 
 used exclusively for the purpose stated upon said ballots, and said board 
 shall levy such amount of tax as may be necessary to pay the interest 
 accruing on said bonds and to redeem them at maturity. (102 v. 447.) 
 
 TOWNSHIP TAXES 
 
 SECTION 5646. Township tax, when and how made. The trustees 
 of each township, on or before the fifteenth day of May, annually, shall 
 determine the amount of taxes necessary for all township purposes, and 
 certify it to the county auditor. The county auditor shall levy, annually, 
 for township purposes, including the relief of the poor, but not including 
 the support of common schools or the payment of the interest and prin- 
 cipal of the debts of the township, such rates of taxes as the trustees 
 of the respective townships certify to him to be necessary, not exceeding 
 
276 DEPARTMENT OF PUBLIC WELFARE 
 
 one mill on each dollar of the taxable valuation of the property of the 
 township, which does not exceed two hundred thousand dollars, eight- 
 tenths of one mill on each dollar of such taxable valuation exceeding 
 two hundred thousand dollars, and not exceeding three hundred thous- 
 and dollars, one-half of one mill on each dollar of such taxable valua- 
 tion exceeding three hundred thousand dollars, and not exceeding five 
 hundred thousand dollars, four-tenths of a mill on each dollar of such 
 taxable valuation exceeding five hundred thousand dollars, and not ex- 
 ceeding eight hundred thousand dollars, one-fourth of one mill on each 
 dollar of such taxable valuation exceeding eight hundred thousand dol- 
 lars, and for the payment of the interest and principal of the debts of 
 the township, such sum as the trustees may determine is necessary for 
 that purpose. (76 v. 21.) 
 
 SECTION 5647. Tax for “poor relief.”” In counties where there are 
 no county infirmaries, a township tax in addition to the tax provided in 
 the next preceding section, and not to exceed one mill and five-tenths of 
 a mill on each dollar of the taxable property of the township, may be 
 levied for the relief of the poor, to be applied solely to that purpose. 
 (76 v. 21.) 
 
 SECTION 5648. Township liabilities for the relief of the poor. The 
 trustees of any township which incurs liabilities for the relief of the 
 poor, beyond the amount raised by the levy authorized by law, may 
 make an additional levy, for the purpose of discharging such liabilities, 
 not exceeding six-tenths of one mill on the dollar of the taxable property 
 of such township. (74 v. 92.) 
 
 CONVICT-MADE GOODS 
 
 SECTION 6213. Brand, etc., to be placed upon convict-made goods. 
 Goods, wares and merchandise made by convict labor in a penitentiary, 
 prison, reformatory or other establishment in this or any other state 
 in which convict labor is employed and imported, brought or introduced 
 into this state, shall be branded, labeled or marked as hereinafter pro- 
 vided before being exposed for sale, and shall not be so exposed without 
 such brand, label or mark. (90 v. 319.) 
 
 SECTION 6214. Contents, style and use of brand, etc. The brand, 
 label or mark required by the next preceding section shall contain at 
 the head or top thereof the words “convict made” followed by the year 
 and name of the penitentiary, prison, reformatory or other establishment 
 in which it was made, in plain English lettering of the style known as 
 great primer Roman capitals. Such brand or mark, if the article will 
 permit, shall be placed upon it, and when such branding or marking is 
 impossible a label shall be used. (90 v. 320.) 
 
 SECTION 6215. Label. Such label shall be in the form of a paper 
 tag to be attached by wire to each article, where the nature thereof will 
 permit, and placed securely upon the box, crate or other covering in 
 
 which such goods, wares and merchandise are packed, shipped or ex- 
 posed for sale. (90 v. 320.) 
 
LAW BULLETIN PA | 
 
 SECTION 6216. Where placed. Such brand, mark or label shall be 
 placed outside of and upon the most conspicuous part of the finished 
 article and its box, crate or covering. (90 v. 320.) 
 
 SECTION 6217. Violations by dealers in convict-made goods, etc. 
 A person dealing in convict-made goods, wares or merchandise, as de- 
 scribed in this chapter, shall not knowingly have them in possession for 
 the purpose of sale, or offering them for sale without the brand, label 
 or mark required by this chapter, or remove, conceal or deface the 
 brand, mark or label thereon. (90 v. 320.) 
 
 SECTION 6218. Who to prosecute. When the commissioner of labor 
 statistics has reason to believe that the next preceding section is being 
 violated, he shall advise the attorney-general thereof, giving the infor- 
 mation in support of such belief, and the attorney-general shall forthwith 
 institute the proper legal proceedings to compel compliance therewith. 
 (90 v. 320.) 
 
 ARTICLE II, SECTION 41. Ohio Constitution. Laws shall be passed 
 providing for the occupation and employment of prisoners sentenced to 
 the several penal institutions and reformatories in the state; and no 
 person in any such penal institution or reformatory while under sen- 
 tence thereto, shall be required or allowed to work at any trade, in- 
 dustry or occupation, wherein or whereby his work, or the product or 
 profit of his work shall be sold, farmed out, contracted or given away: 
 and goods made by persons under sentence to any penal institution or 
 reformatory without the state of Ohio, and such goods made within the 
 state of Ohio, excepting those disposed of to the state or any political 
 sub-division thereof or to any public institution owned, managed or 
 controlled by the state or any political sub-division thereof, shall not be 
 sold within this state unless the same are conspicuously marked “prison 
 made.” Nothing herein contained shall be construed to prevent the pas- 
 sage of laws providing that convicts may work for, and that the pro- 
 ducts of their labor may be disposed of to, the state or any political 
 sub-division thereof, or for or to any public institution owned or man- 
 _aged and controlled by the state or any political sub-division thereof. 
 
 LEGAL ADVERTISING 
 
 SECTION 6251. Rates for legal advertising. Publishers of news- 
 papers may charge and receive for the publication of advertisements, 
 notices and proclamations required to be published by a public officer of 
 the state, county, city, village, township, school, benevolent or other 
 public institution, or by a trustee, assignee, executor or administrator, 
 the following sums, except where the rate is otherwise fixed by law, to- 
 wit: For the first insertion, one dollar for each square, and for each 
 additional insertion authorized by law or the person ordering the inser- 
 tion, fifty cents for each square. Fractional squares shall be estimated 
 at a like rate for space occupied. In advertisements containing tabular 
 or rule work fifty per cent may be charged in addition to the foregoing 
 rates. Providing, however, newspapers having a circulation of over 
 twenty-five thousand shall charge and receive for such advertisements, 
 
278 DEPARTMENT OF PUBLIC WELFARE 
 
 notices and proclamations, rate charged on annual contracts by them for 
 like amount of space to other advertisers who advertise in its general 
 display advertising columns; and the publisher shall make and file with 
 his bill before its payment, an affidavit, that the newspaper had a bona 
 fide circulation of more than twenty-five thousand at the time the adver- 
 tisement, notice or proclamation was published, and that the price 
 charged in the bill for same did not exceed the rates herein provided 
 for such advertisement, notice or proclamation. (109 v. 247.) 
 
 SECTION 6252. Notices to be published in two newspapers. A 
 proclamation for an election, an order fixing the times of holding court, 
 notice of the rates of taxation, bridge and pike notices, notice to con- 
 tractors and such other advertisements of general interest to the tax- 
 payers as the auditor, treasurer, probate judge or commissioners may 
 deem proper, shall be published in two newspapers of opposite politics 
 at the county seat, if there be such newspapers published thereat. In 
 counties having cities of eight thousand inhabitants or more, not the 
 county seat of such counties, additional publication of such notices shall 
 be made in two newspapers of opposite politics in such city. This chap- 
 ter shall not apply to the publication of notices of delinquent tax and 
 forfeited land sales. (108 v. Pt. I, 34.) 
 
 SECTION 6254. What constitutes a square; an em. A square shall 
 be a space occupied by two hundred and forty ems of the type used in 
 printing such advertisements. Legal advertising shall be set up in com- 
 pact form, without unnecessary spaces, blanks or headlines and printed 
 in type not smaller than nonpareil. The type of whatever size used 
 must be of such proportions that the body of the capital letter M be no 
 wider than it is high and all other letters and characters in proportion. 
 Except as may be done under sections 1695 to 1697 inclusive, of the Gen- 
 eral Code, all legal advertisements or notices shall be printed in news- 
 papers published in the English language only. (108 v. Pt. I, 475.) 
 
 SECTION 6255. Sufficient publication of legal notice defined. When- 
 ever any legal publication is required by law to be made in a newspaper 
 or newspapers published or printed in a municipality, county, or other 
 political subdivision, the newspaper or newspapers used shall have at 
 least one side thereof printed in such municipality, county, or other 
 political subdivision; and whenever any legal publication is required by 
 law to be made in a newspaper or newspapers of general circulation 
 in a municipality, county, or other political subdivision, without fur- 
 ther restriction or limitation upon a selection of the newspaper to be 
 used, such publication shall be made in a newspaper or newspapers at 
 least one side of which is printed in such municipality, county, or other 
 political subdivision, unless there be no such newspaper or newspapers 
 so printed, in which event, only, such publication shall be made in any 
 newspaper or newspapers of general circulation therein. (106 v. 492.) 
 
LAW BULLETIN 279 
 MATERNITY BOARDING HOUSES AND LYING-IN HOSPITALS 
 
 (See Sections 1237-1-4; 12789) 
 
 SECTION 6259. Licenses granted; applications must be approved; 
 record and notice. The commissioner of health may grant licenses to 
 maintain maternity hospitals or homes, lying-in hospitals, or places 
 where women are received and cared for during parturition. An appli- 
 cation therefor shall first be approved by the board of health of the city, 
 village or township in which such maternity hospital or home, lying-in 
 hospital, or place where women are received and cared for during partu- 
 rition is to be maintained. A record of the license so issued shall be kept 
 by the state department of health, which shall forthwith give notice to 
 the board of health of the city, village or township, in which the licensee 
 resides, of the granting of such license and of the terms thereof. (108 
 Wakes 1,247.6) 
 
 SECTION 6260. Term and contents of license. Such license shall be 
 granted for a term not exceeding one year and shall state the name of 
 licensee, the particular premises in which the business may be carried 
 on, the number of women and infants that may be boarded, treated or 
 maintained there at any one time, and if required by the board of healti 
 of the city, village or township in which such maternity boarding house 
 or lying-in hospital is located, it shall be posted in a conspicuous place 
 on the licensed premises. (99 v. 18.) 
 
 SECTION 6261. Limitation of women and children. No greater 
 number of women and infants shall be kept at one time on such premises 
 than is authorized by the license and no women or infants shall be kept 
 in a building or place not designated in the license. (99 v. 13.) 
 
 SECTION 6262. Visitation and inspection. The commissioner of 
 health and the boards of health of cities, villages or townships shall 
 annually, and may at any time, visit and inspect, or designate a per- 
 son to visit and inspect the system, condition and management of the 
 institutions and premises so licensed. (108 v. Pt. I, 47.) 
 
 SECTION 6263. Revocation of license. The state board of health 
 may revoke such license when a provision of this chapter is violated, or 
 when, in the opinion of such board, such maternity boarding house or 
 lying-in hospital is maintained without regard to the health, comfort or 
 morality of the inmates thereof, or without due regard to sanitation 
 and hygiene. (99 v. 14.) 
 
 SECTION 6264. Record thereof. Such board shall note such revoca- 
 tion upon the face of the record thereof and give written notice of the 
 revocation to the licensee by delivering the notice to him in person or 
 leaving it on the licensed premises, and shall forthwith notify the board 
 of health of such city, village or township in which the maternity board- 
 ing house or lying-in hospital is situated. (99 v. 14.) 
 
 SECTION 6265. Reporting births. A birth which takes place in a 
 maternity boarding house or lying-in hospital shall be attended by a 
 legally qualified physician who shall forthwith report it to the board of 
 
280 DEPARTMENT OF PUBLIC WELFARE 
 
 health of the city, village or township in which the maternity boarding 
 house or lying-in hospital is located. (99 v. 14.) 
 
 SecTION 6266. Adopting children. A person holding such license 
 shall keep a record, in a form to be prescribed by the state board of 
 health, wherein he shall enter the name and address of the physician 
 who attended at the birth taking place in such house or hospital of any 
 infant who may be sick, the name, age and sex of children born on the 
 premises or brought thereto, and age of a child who is given out, adopted 
 or taken away to or by any person, together with the name and resi- 
 dence of the persons so adopting or taking away such child. (See section 
 12789.) (99 v. 14.) 
 
 SECTION 6267. Copy of record. Within twenty-four hours after 
 such child is given out or taken away, the person licensed as aforesaid 
 shall cause a correct copy of the record relating thereto to be sent to 
 the board of health of the city, village or township wherein such house 
 or hospital is located. (99 v. 14.) 
 
 SECTION 6268. Coroner’s inquest. A person licensed as aforesaid, 
 immediately after the death of an inmate of such boarding house or 
 lying-in hospital, whether a woman or an infant born therein or brought 
 thereto, shall cause notice thereof to be given to the board of health of 
 the city, village or township in which such house or hospital is located. 
 (99 v. 14.) 
 
 SECTION 6269. Local board of health. Such board of health shall 
 forthwith call the coroner of the county in which said person died to 
 hold an inquest on the body of the person, unless a certificate under 
 the hand of a legally qualified physician is exhibited to said board by 
 the licensee that such physician had personally attended and examined 
 the person so dying, and specifying the cause of death, and the board 
 of health is satisfied that there is no ground for holding an inquest. 
 (99 v. 14.) 
 
 SECTION 6270. Book of forms. A licensee shall be entitled to receive 
 gratuitously from the state board of health a book of forms for the 
 registration and record of persons received into such home or hospital. 
 Such book shall contain a printed copy of this chapter. (99 v. 15.) 
 
 SECTION 6271. Inspection. The officers and authorized agents of the 
 state board of health and the boards of health of the cities, villages or 
 townships in which such licensed premises are located may inspect such 
 house or hospital at any time and examine every part thereof, call for 
 and examine the records which are required to be kept by the provisions 
 of this chapter, and inquire into all matters concerning such house or 
 hospital and the inmates thereof. The licensee shall give all reasonable 
 information to such persons so inspecting and afford them every reason- 
 able facility for viewing and inspecting the premises and seeing the 
 inmates thereof. And when complaint is made or a reasonable belief 
 exists that a maternity boarding house or lying-in hospital is being 
 conducted without license, the board of health may cause such house to 
 be inspected by its health officer or the state board of health may desig- 
 nate a person to visit and inspect such premises. (99 v. 15.) 
 
LAW BULLETIN 281 
 
 SECTION 6274. Secrecy of records. No officer or authorized agent 
 of the state board of health or the boards of health of the cities, villages 
 or townships where such licensed homes or hospitals are located, or a 
 keeper of such house or hospital, shall divulge or disclose the conterts 
 of the records or of the particulars entered therein, except upon inquiry 
 before a court of law, at a coroner’s inquest or before some other com- 
 petent tribunal, or for the information of the state board of health or 
 the board of health of the city, village or township in which said house 
 or hospital is located. (99 v. 15.) 
 
 SECTION 6276. License. A person shall not maintain a maternity 
 boarding house or lying-in hospital, as defined in this chapter, unless 
 licensed thereto by the state board of health. (99 v. 16.) 
 
 SECTION 6277. Relationship. In a prosecution under the provisions 
 of this chapter or a penal law relating thereto, a defendant who relies 
 for defense upon the relationship of any of said women or infants to him- 
 self, shall have the burden of proof thereof. (99 v. 16.) 
 
 ASSESSMENT FOR DRAINAGE PURPOSES 
 
 SECTION 6469. Proportionate assessment according to benefits. 
 After the granting of the petition for any improvement under this chap- 
 ter, and the letting of contracts for work and material, and the ascer- 
 tainment and determination of all known claims for compensation for 
 property taken, or damages to property from the construction of the 
 improvement, the total cost thereof including the preliminary cost, and 
 the actual or estimated cost of supervision and any known costs of litiga- 
 tion taxed against the county shall be assessed proportionally, according 
 to special benefits conferred, upon all the lots and parcels of land spec- 
 ially benefited thereby, the owners of which have, as in this chapter 
 provided, had notice of the proceedings for such improvement, whether 
 such lots and parcels of land abut on the improvement or not. Such 
 assessment shall be made as well against the lands of any railway com- 
 pany, township, county, municipality school district or board of educa- 
 tion, or any other public board, as against privately owned property, 
 for the benefit to the premises owned or controlled by such public cor- 
 poration or body. 
 
 And in arriving at the amount of benefit to any piece of property 
 due regard shall be had to any conditions that would require preced- 
 ent expense before the benefit from the improvement would be available, 
 and to any conditions that would permanently affect the degree of bene- 
 fit that could be derived. 
 
 When per centum may be paid from ditch fund. Provided that the 
 county commissioners, or the court, if, and when, it is found that the im- 
 provement will benefit the public health, convenience and welfare, or 
 the result will increase to a practicable degree the valuation of property 
 for public taxation, may order such an amount of such total cost, not 
 exceeding ten per cent, paid from the general ditch improvement fund, 
 or if there be not sufficient unappropriated in such fund, from any un- 
 
282 DEPARTMENT OF PUBLIC WELFARE 
 
 appropriated money of the general fund of the county. And the balance 
 shall be assessed according to benefits as herein provided. (108 v. Pt. 
 
 I, 926:) 
 
 PRISON LABOR ON ROADS 
 
 SECTION 7496. Use of prison labor upon state roads. Whenever 
 the state highway commissioner desires to use any number of prisoners, 
 confined in the state penitentiary or reformatory, to work upon the 
 state highways, known as the inter-county or main market roads, or to 
 employ the prisoners in such institutions in the preparation of road 
 building materials of any kind for use upon any of the said state high- 
 ways, such commissioner shall make a requisition upon the warden or 
 superintendent of such institution where such prisoners are confined, 
 stating the number of prisoners which it is desired to use in said work, 
 and the place where they are to be employed. Said requisition shall be 
 made through the officials having general charge of said institution, and - 
 such officials and said highway commissioner shall by agreement pro- 
 vide for the cost of transportation and maintenance of said prisoners, 
 and the discipline and government thereof. The discipline of such 
 prisoners shall be under the control of guards furnished by the prison au- 
 trorities. The rules and regulations under which such prisoners shall 
 work shall be prescribed by the prison authorities, but the work to be 
 done and the manner of doing such work shall be under the control of 
 the state highway commissioner or those acting under his authority in 
 charge of such work. (106 v. 655.) 
 
 SECTION 7497. Cost of transportation, maintenance and discipline, 
 how paid; agreement with prison officials. The state highway commis- 
 sioner may lawfully expend any moneys available for the construction, 
 repair and maintenance of roads to meet the cost of transportation, 
 maintenance and discipline of such prisoners while at work, and for the 
 purchase of tools, machinery, supplies and road building materials 
 needed in connection with the use of such prisoners upon said state 
 highways, or in the manufacture of such road building materials. The 
 amount to be paid to said prison authorities, if anything, for the use 
 of said prisoners, in addition to the entire cost of transportation, main- 
 tenance and discipline of said prisoners, shall be agreed upon between 
 the officials having charge of said institutions and the said highway 
 commissioner, but the amount so paid shall not exceed the cost of such 
 transportation, maintenance and discipline of said prisoners plus the 
 amount to be credited to such prisoner on account of his labor upon such 
 highways. In the cost of such discipline, however, may be included an 
 equitable portion of the overhead charges of the institution in which 
 such prisoners are confined. (106 v. 655.) 
 
 SECTION 7498. Use of prison labor upon county roads; cost. The 
 county commissioners may make requisition in like manner as the state 
 highway commissioner for the number of prisoners desired for use upon 
 the county highways within said county, or in the manufacture and 
 preparation of road building material of any kind. The county com- 
 
LAW BULLETIN 283 
 
 missioners shall have full power and authority to enter into an agree- 
 ment with the authorities controlling such prison, and all the provisions 
 of law relating to the transportation, maintenance and discipline of 
 prisoners when working upon the state highways, under requisition of 
 the highway commissioner, shall apply to prisoners working upon county 
 highways, and the same restrictions as to the amount to be paid said 
 prison authorities for the use of such prisoners, shall be applicable to 
 agreements entered into between such county commissioners and such 
 prison authorities relating to the use of said prisoners. (106 v. 655.) 
 
 SECTION 7499. How requisitions for prison labor shall be filled. All 
 requisitions for prisoners from the various counties of the state shall 
 be filled in the order in which they are received, provided, however, that 
 the requisitions of the state highway commissioner for the use of such 
 prisoners shall at all times be given preference by the prison authorities. 
 (106 v. 655.) 
 
 SECTION 7501. When prisoners shall not be used on highways. No 
 state penal institutions or workhouse shall be required to furnish such 
 prisoners to be employed on the highways or in the manufacture and 
 preparation of road building materials, if the labor of such prisoners 
 is required in the regularly maintained operations of such institution 
 or workhouse. (106 v. 656.) 
 
 SECTION 7502. What prisoners subject to labor on highways. All 
 persons convicted of crime and sentenced to be confined in the state re- 
 formatory, penitentiary, jail, workhouse or other penal institutions, 
 shall be subject to labor upon the highways and streets as hereinbefore 
 ' provided. (106 v. 656.) 
 
 SECTION 7507. Provision for use of prison labor on contracts of 
 private individuals. The state highway commissioner, the county com- 
 missioners, or the authorities having charge of the streets of any city 
 or village may provide for the use of prison labor in connection with 
 contracts let to private individuals for the construction, maintenance 
 and repair of such roads and streets, in which case the specifications for 
 such improvement shall clearly set forth the amount of money to be de- 
 ducted from the price paid for such improvement in lieu of the desig- 
 nated amount of prison labor employed on such improvement by the 
 state, county or municipality. The discipline and legal custody of such 
 prisoners shall, at all times during such work, remain under the control 
 of the respective institutions furnishing such prisoners. If any prisoner 
 does not perform his work to the satisfaction of the authorities employ- 
 ing such labor, such prisoner shall be taken from the road force at the 
 request of the proper authorities and another substituted. (106 v. 657.) 
 
 SECTION 7508. Reports of prison authorities of estimate of road 
 _ materials required. The state highway commissioner and county com- 
 missioners shall, on or before September first of each year report to 
 the prison authorities an estimate of the amount and kind of material 
 and supplies that can be used in connection with the construction and 
 repair of the state and county highways during the coming year. This 
 information shall be furnished to enable the authorities in charge of 
 
284 DEPARTMENT OF PUBLIC WELFARE 
 
 said prisoners to make arrangements, where practicable, for the manu- 
 facture and preparation of such materials within such prison or at 
 such other places throughout the state as the prison authorities shall 
 decide. (106 v. 657.) 
 
 SECTION 7510. Prisoner attempting to escape shall lose credits. 
 Any prisoner attempting to escape while engaged in work on any of 
 the roads or streets of this state or in the manufacture of any of the 
 materials for use on said roads or streets, under the provisions of this 
 act, shall lose any credits, which may have accrued to him on his prison 
 term for good behavior, and the authorities, having charge of the prison 
 from which said prisoners are detailed may, by special regulation, allow 
 additional credit on the terms of such prisoners for good conduct while 
 engaged in work under the provisions of this act. (106 v. 658.) 
 
 SECTION 7511. Annual report of prisoners available for work. 
 The prison authorities shall, before January first of each year, advise 
 the state highway commissioner and county commissioners of the prob- 
 able number of prisoners that will be available for work upon the roads 
 of the state during the coming year. (106 v. 658.) 
 
 SECTION 7512. Selection of guards. The guards, if any, in charge 
 of said prisoners shall, so far as possible, be selected from men who are 
 competent to supervise the work under construction and, so far as prac- 
 ticable, said guards shall supervise such work under the directions of 
 persons having the supervisions of the construction or repair of said 
 roads or streets, in addition to their duties as guards. (106 v. 658.) 
 
 USE OF SCHOOL BUILDINGS 
 
 SECTION 7622-1. School and other public buildings available for 
 educational and recreational purposes. That upon application of any 
 responsible organization, or a group of at least seven citizens, all school 
 grounds and school houses, as well as all other buildings under the 
 supervision and control of the state, or buildings maintained by taxa- 
 tion under the laws of Ohio, shall be available for use as social centers 
 for the entertainment and education of the people, including the adult 
 and youthful population, and for the discussion of all topics tending 
 to the development of personal character, and of civic welfare. Such 
 occupation, however, should not seriously infringe upon the original 
 and necessary use of such properties. The public officials in charge of 
 such buildings shall prescribe such rules and regulations for their oc- 
 cupancy and use as herein provided as will secure a fair, reasonable 
 and impartial use of the same. (106 v. 551.) 
 
 SECTION 7622-2. Citizens applying responsible for damage. The 
 organization or group of citizens applying for the use of properties as 
 specified in section 7622-1 of the General Code shall be responsible for 
 any damage done them over and above the ordinary wear, and shall, 
 
 if required, pay the actual expense incurred for janitor service, light 
 and heat. (106 v. 552.) 
 
LAW BULLETIN 285 
 
 SECTION 7622-3. Purposes other than school, for which house or 
 rooms may be used. The board of education of any school district shall, 
 upon request and the payment of the proper janitor fees, subject to 
 such regulations as may be adopted by such board, permit the use of 
 any schoolhouse and rooms therein and the grounds and other property 
 under its control, when not in actual use for school purposes, for any 
 of the following purposes: 
 
 1. For giving instructions in any branch of education, learning or 
 the arts. 
 
 2. For holding educational, civic, social or recreational meetings 
 and entertainments, and for such other purposes as may make for the 
 welfare of the community. Such meetings and entertainments shall be 
 non-exclusive and open to the general public. 
 
 3. For public library purposes, as a station for a public library, 
 or as reading rooms. 
 
 4. For polling places, for holding elections and for the registration 
 of voters, for holding grange or similar meetings. (107 v. 607.) 
 
 SECTION 7622-4. Supervision and conduct of social and recreational 
 work. Upon the nomination of the superintendent of any school district 
 the board of education of such district may employ a person or persons 
 to supervise, organize, direct and conduct social and recreational 
 work in such school district. The board of education may employ com- 
 petent persons to deliver lectures, or give instructions on any educa- 
 tional subject, and provide for the further education of adult persons 
 in the community. (106 v. 552.) 
 
 SECTION 7622-5. Use in cities. In cities employing a person to direct 
 and supervise social and recreational work such person may use the 
 school buildings, grounds, and other public buildings or grounds in such 
 city for the purposes indicated in section 7622-3 of the General Code 
 subject to the limitations provided in sections 7622-1 to 7622-3 of the 
 General Code. (106 v. 553.) 
 
 SECTION 7622-6. Co-operation with other public officials. Boards 
 of education may co-operate with commissioners, boards or other public 
 officials having the custody and management of public parks, libraries, 
 museums and public buildings and grounds of whatever kind in pro- 
 viding for education, social, civic and recreational activities, in build- 
 ings and upon grounds in the custody and under the management of 
 such commissioners, boards or other public officials. (106 v. 553.) 
 
 SECTION 7622-7. Tax levy for social center fund. The board of 
 education of any school district or a municipality may levy annually 
 upon the taxable property of such school district or municipality within 
 the limitations of sections 5649-2 of the General Code, not to exceed 
 two-tenths of a mill for a social center fund to be used for social and 
 recreational purposes. (106 v. 553.) 
 
 SECTION 7644-2. Education of children in tuberculosis hospitals. 
 The board of trustees of each district hospital for tuberculosis, the 
 county commissioners of each county maintaining a county hospital for 
 tuberculosis, and the managing officer or officers of each municipal hos- 
 
286 DEPARTMENT OF PUBLIC WELFARE 
 
 pital for tuberculosis, shall provide for the education of children of 
 school age admitted to such hospital. The instruction so provided shail 
 be directed by and be under the supervision of the county or city super- 
 intendent of schools in co-operation with the superintendent of the 
 hospital. The expense incurred for salaries of teachers in a municipal 
 tuberculosis hospital may be paid by the city board of education; that 
 in a county tuberculosis hospital may be provided from the funds of 
 the tuberculosis hospital or may be pro-rated, according to the number 
 of children taught, to the county, city and exempted village boards of 
 education of the county. The amount charged against a county school 
 district shall be divided equally between the rural and village school 
 districts within the county school district, and the county auditor 
 shall deduct from the tax funds in the county treasury due to such 
 districts the amounts certified by the county board of education, 
 which amounts shall be transferred to the contingent fund of 
 the county board. The amounts pro-rated to the city and exempted 
 village district shall be deducted by the county auditor from the tax 
 fund in the county treasury due such districts, and the amount so de- 
 ducted together with the amount pro-rated to the county board of educa- 
 tion and transferred to the contingent fund of the county board shail 
 be paid to the county hospital authorities. The expense of such instruc- 
 tion in the case of a district tuberculosis hospital shall be pro-rated at 
 the end of each month to the local boards of education of the various 
 districts from which children have been received, according to the num- 
 ber of days the children were instructed, and bills for the respective 
 amounts shall be paid by such local boards of education promptly upon 
 presentation. (110 v. 231.) 
 
 EDUCATION OF CHILDREN IN CHILDREN’S HOMES 
 
 SECTION 7676. Schools for children’s homes and orphans’ asylums. 
 The inmates of a county, semi-public or district children’s home shall 
 have the advantage of the privileges of the public schools. So far as 
 possible such children shall attend such school or schools in the district 
 within which such home is located Whenever this is impossible and a 
 school is maintained at the home, such school shall be under the control 
 and supervision of the city, township, village or special board of educa- 
 tion, having jurisdiction over the school district within which such home 
 is located. Such board of education shall employ with the approval of 
 the superintendent of the home necessary teachers, and provide books 
 and educational equipment and supplies, and conduct such school in the 
 Same manner as a public school within the district. The trustees of the 
 home shall furnish necessary furniture, fuel and light. (107 v. 61.) 
 
 SECTION 7677. Report to county auditor; contents. On or about the 
 first day of February and of August the superintendent of the school 
 district in which the inmates of a county, semi-publie or district chil- 
 dren’s home is located shall furnish the county auditor a detailed re- 
 port showing the average per capita cost, of conducting a school at 
 such home, or the average per capita cost, except for improvement and 
 
LAW BULLETIN 287 
 
 repairs, of all the elementary schools in such district in case such in- 
 mates attend such a school, for the preceding six months. Such report 
 shall also give the names and former residence of all inmates in at- 
 tendance at school, the duration of attendance, and such other informa- 
 tion as the county auditor may require to carry out the provisions of the 
 next section. (107 v. 61.) 
 
 SECTION 7678. Cost of educating inmate, how determined and how 
 paid. A child who is an inmate of a county, semi-public or district chil- 
 dren’s home and who was previously a resident of the school district in 
 which such home is located shall be entitled to an education at the ex; 
 pense of such school district, but any child who was not a resident of 
 such school district shall be educated at the expense of the school dis- 
 trict of its last residence. Any child who was not a resident of the 
 school district within which such home is located prior to admission or 
 commitment to such home, shall be educated at the expense of the dis- 
 trict of its last residence. The county auditor upon receipt of the 
 above report from the board of education shall, before making a semi- 
 annual distribution of taxes collected, estimate the amounts chargeable 
 to the various school districts for tuition of inmates of such home, and 
 shall transfer to the proper school funds such amounts. In case there 
 are inmates from another county, the county auditor of the county in 
 which the home is located shall certify the amount to the auditor of the 
 county of such children’s residence who shall forthwith issue his war- 
 rant on treasurer of the same county for such amount, and shall pro- 
 ceed to apportion the proper amounts to the various school districts of 
 such county in the manner described above. (107 v. 61.) 
 
 SECTION 7681. Who may be admitted to schools free; when tuition 
 may or shall be charged and collected. The schools of each district 
 shall be free to all youth between six and twenty-one years of age, who 
 are children, wards or apprentices of actual residents of the district, 
 but the time in the school year at which beginners may enter upon the 
 first year’s work of the elementary schools shall be subject to the rules 
 and regulations of the local boards of education. Inmates of the proper 
 age of county semi-public and district children’s homes shall be admitted 
 after the manner described in section 7676. The board of education 
 may admit the inmates of a private children’s home or orphan asylum 
 located in the district, with or without the payment of tuition fees, as 
 may be agreed upon; provided any child who is an inmate of such home 
 or asylum and previous to admission was a resident of the school dis- 
 trict in which such home or asylum is located shall be entitled to free 
 education; and provided, any such inmate who attends the public schools 
 was prior to admission to such home or asylum a resident of another 
 school district of the state of Ohio and a tuition fee is charged, the same 
 method of re-imbursement shall be followed as is provided in section 
 7677 and 7678; and provided further, for any such inmate who attends 
 the public schools and who prior to admission to such home or asylum 
 was not a resident of the state of Ohio, such home or asylum shall pay 
 from its own funds such tuition as may be agreed upon. But all youth 
 of school age living apart from their parents or guardians and who 
 LADSy hha) 
 
288 DEPARTMENT OF PUBLIC WELFARE 
 
 work to support themselves by their own labor, shall be entitled to at- 
 tend school free in the district in which they are employed. (107 v. 62.) 
 
 SPECIAL SCHOOLS FOR DEAF, BLIND AND CRIPPLED 
 
 SECTION 7755. Instruction of deaf, blind and crippled. The superin- 
 tendent of public instruction may grant permission to any city, village 
 or rural board of education, upon its application, to establish and main- 
 tain a class or classes for the instruction of deaf or blind persons over 
 the age of three, or of crippled persons over the age of five. 
 
 The superintendent of public instruction may grant permission to 
 any board of education which maintains a class for the instruction of 
 blind persons, upon its application, to pay for the board of any blind 
 persons, residents of this state, under the age of forty-five, provided 
 that by so doing the board of education is enabled to further it educa- 
 tional plan for blind persons, and provided that such blind persons are 
 not boarded in the homes of their parents or legal guardians, and fur- 
 ther provided that such blind persons are under the training of a person 
 or persons designated by such board of education to give such training. 
 At no time shall the number of blind persons residents of the school 
 district in which such class or classes for the blind are maintained who 
 are so boarded at the expense of the board of education exceed one-fourth 
 of the total enrollment for the year of such class or classes except by 
 permission of the superintendent of public instruction. (109 v. 257.) 
 
 SECTION 7755-1. Payment of board by board of education, when. 
 The superintendent of public instruction may grant permission to any 
 board of education which maintains a class for the instruction. of crip- 
 pled persons, upon its application, to pay for the board of any crip- 
 pled persons, residents of the state and non-residents of the school dis- 
 trict, who are being educated in such class, provided that such persons 
 in the judgment of the board of education and the superintendent of 
 public instruction cannot be transported from their respective homes to 
 and from such class. (109 v. 257.) 
 
 SECTION 7755-2. Payment when child resident of one district at- 
 tends in another. If a child resident of one school district attends a class 
 for the blind, deaf, crippled or those of defective mentality in another, 
 the board of education of the district in which he resides may pay his 
 tuition in a sum equal to the tuition in the district in which such class 
 is located for a child of normal needs of the same school grade. The 
 board of education of the district in which such child resides may afford 
 or pay for his transportation to the class in the other district; and the 
 board of education of the district in which the class which he attends 
 is located may provide his transportation to the class. Upon direction 
 of the superintendent of public instruction the board of education of 
 the district in which such child resides shall pay for his transportation 
 and tuition. (109 v. 257.) 
 
 SECTION 7755-3. Transportation of crippled child. In case a child is 
 SO crippled that he is unable to walk to the school to which he is as- 
 signed the board of education of the district in which he resides shall 
 
LAW BULLETIN 289 
 
 provide for his transportation to such school. This section shall apply 
 whether there is a special class for crippled children to which he is 
 assigned or not. In case of dispute whether the child is able to walk 
 to the school or not the district health commissioner shall be judge of 
 such ability. (109 v. 258.) 
 
 SECTION 7755-4. Children instructed in the home, how counted. 
 In case there are in any school district crippled children not able even 
 with the help of transportation to be assembled in a school and instruc- 
 tion for these children is provided in the home, these children shall be 
 counted under the provisions of section 7757, General Code, counting 
 however three hours of instruction of such children by a teacher pro- 
 vided by the board of education as equal to the attendance of one child 
 for two days at school. (109 v. 258..) 
 
 SECTION 7755-5. Who may be counted as full time pupils. If a 
 child is handicapped by two of the defects mentioned in section 7755, 
 General Code, the superintendent of public instruction may allow him 
 to be counted as a full-time pupil among those with each kind of defect. 
 in determining the state’s contribution to the classes for such children, 
 provided the types of work and attention necessary for both types of 
 children are afforded him. (109 v. 258.) 
 
 SECTION 7756. How special class may be established. Upon petition 
 of the parents or guardians of crippled children in any school district 
 of the respective ages named in section 7755, General Code, the board 
 of education of the given district shall apply to the superintendent of 
 public instruction for permission to establish a special class for such 
 children, and if such is granted shall establish such class not later than 
 the beginning of the following school year upon the standards prescribed 
 under section 7761, General Code; if a board of education fails to per- 
 form its duty under this section, the provisions of section 7610, General 
 Code, shall apply as to the acts relating to such special class. (109 
 Vv. 258.) 
 
 SECTION 7757. How expenses of schools defrayed. At the close of 
 each school year the board of education of each school district in which 
 any such classes for the education of the deaf, blind or crippled are 
 maintained shall certify to the auditor of state the names and resi- 
 dences of the persons instructed in such special classes and the period 
 of time each was instructed and the names and residences of the per- 
 sons boarded at the expense of the board of education and the period of 
 time each was boarded; and the amount expended for special appliances 
 and for the excess of current operating cost of the education of such 
 pupils above the current operating cost of the education of an equal 
 number of pupils of normal needs of the same school grades in the 
 district for the same period of time; and thereupon the auditor of state 
 shall draw his warrant upon the treasurer of state in favor of such 
 board of education in an amount equal to that expended for the afore- 
 said purposes, but not to exceed three hundred dollars for each deaf or 
 crippled pupil given instruction in such classes within said district for 
 nine months during the said school year, and a proportionate amount 
 for each deaf or crippled pupil given instruction therein for a part of 
 
290 DEPARTMENT OF PUBLIC WELFARE 
 
 said school year more or less than nine months, and not to exceed three 
 hundred and seventy-five dollars for each blind person given instruction 
 in such classes within said district for nine months during said school 
 year, and a proportionate amount for each blind person given instruc- 
 tion therein for a part of said school year more or less than nine months, 
 and two hundred and fifty dollars additional for each blind or crippled 
 person boarded at the expense of such board of education for nine 
 months during said school years and a proportionate amount for each 
 blind or crippled person so boarded for a part of said school year more 
 or less than nine months. 
 
 Current operating cost under the terms of this section shall be ex- 
 clusive of any charges for rental and maintenance or operation of build- 
 ings. No charge shall be made against such schools for the deaf, crippled 
 or blind for expenditures other than transportation which would have 
 been incurred had such special classes not been in operation. The sup- 
 erintendent of public instruction shall be the final authority in deciding 
 all questions relative to what constitutes special appliances and current 
 operating cost under the terms of this section. (109 v. 258.) 
 
 SECTION 7758. Payment by state treasurer. The sums provided in 
 the next preceding section shall be paid by such state treasurer upon the 
 presentation of such warrant or order upon. satisfactory proof made 
 to him by the president or clerk of the board of education maintaining 
 ssuch school, of the number of persons boarded or instructed therein, 
 stheir residence, and the period of time such persons were so boarded or 
 ‘instructed in such school or schools the preceding school year, and of 
 the amount expended for special appliances and for the excess of cur- 
 rent operating cost of the education of such pupils above the current 
 operating cost of the education of an equal number of pupils of normal 
 needs of the same school grades in the same school district for 
 the same period of time during said school year, and upon certification 
 by the state superintendent of public instruction that the inspection 
 provided for in section 7761 had shown these schools to be operating 
 under satisfactory conditions. 108 v. Pt. II, 1281.) 
 
 SECTION 7759. Appointment and qualifications of teachers. Teach- 
 ers in such schools shall be appointed as are other public school teachers. 
 They shall possess the usual qualifications required of teachers in the 
 public schools, and in addition thereto such special training and equip- 
 ment as the state superintendent of public instruction or the board of 
 education may require. The so-called oral system shall be taught by 
 such teachers in such schools for the deaf. If, after a fair trial of nine 
 months, any of such children in any school for the deaf for any reason 
 are unable to learn such method, then they may be taught the manual 
 method in a separate school, providing however that there are not fewer 
 pupils than provided in section 7755 of the General Code. (107 v. 154.) 
 
 SECTION 7760. Who shall be considered as deaf, blind or crippled. 
 For the purpose hereof, any person of sound mind, who, by reason of 
 defective hearing or defective vision, or so crippled as to be physically 
 unable to care for himself without assistance, cannot profitably or safely 
 be educated in the publie schools as other children, shall be considered 
 
LAW BULLETIN 291 
 
 as deaf, blind, or crippled and after the establishment of any such school 
 by any school district, may be compelled to attend such school or a state 
 institution. (107 v. 154.) 
 
 SECTION 7761. Annual statement of expenditures to superintendent. 
 The superintendent of public instruction shall at the close of each school 
 year require from each board of education of a school district, con- 
 ducting such schools for deaf, blind and crippled persons a financial 
 statement showing expenditures during the preceding school year for 
 special appliances and for the excess of current operating cost of such 
 pupils above the current operating cost of the education of an equal 
 number of pupils of normal needs of the same school grades in the same 
 school district for the same period of time during said school year. 
 
 The superintendent of public instruction shall select some competent 
 person or persons to inspect all classes established under section 7755, 
 General Code, at least once a year, and to report concerning the in- 
 struction in such classes, the conditions under which they are main- 
 tained and the conditions under which such blind and crippled persons 
 are boarded. 
 
 The superintendent of public instruction shall prescribe standard 
 requirements for day schools for the deaf, blind, and crippled, which 
 receive state aid, which requirements shall include the conditions under 
 which such schools are conducted, the methods of instruction and super- 
 vision, the qualifications of teachers and the conditions and terms under 
 which they are employed, the special equipment and agencies for in- 
 struction provided, and the conditions of the rooms and buildings in 
 which the schools are held, and he shall prescribe conditions under whicn 
 blind and crippled persons may be boarded at the expense of a board of 
 education. (109 v. 259.) 
 
 SECTION 7761-1. Co-operation among boards maintaining special 
 classes. The superintendent of public instruction shall have authority 
 to arrange a plan of co-operation among boards of education which 
 maintain special classes for the blind, for investigation into broader 
 opportunities for the future employment of the pupils and better methods 
 for their instruction. The cost of such investigation shall be charged 
 to the current operating cost of the school for the blind. The superin- 
 tendent of public instruction shall prescribe minimum standard require- 
 ments concerning the extent of such co-operation and the general meth- 
 ods of such investigation. (109 v. 260.) 
 
 SECTION 7780. Proceedings in juvenile court. Upon information 
 obtained as in section 7795, General Code, or otherwise, the judge of 
 the juvenile court shall fix times when he will hear the questions whether 
 each such child not reported as being or not believed by him being al- 
 ready properly instructed shall be required to be sent for instruction 
 to one of the state institutions for such handicapped children, and shall 
 for each case thereupon issue a warrant to the attendance officer or 
 some other suitable person to bring the child before him at his office 
 at the time fixed for the hearing. He shall also issue an order on the 
 parents, guardian or other person in charge of the child to appear be- 
 
292 DEPARTMENT OF PUBLIC WELFARE 
 
 fore him at such hearing, a copy of which order must be served per- 
 sonally on the proper person by the attendance officer or other person 
 ordered to bring the child before the judge. If on the hearing the judge 
 of the juvenile court is satisfied that the child is not being properly 
 educated and will be benefited by attendance at one of the state institu- 
 tions for the education of such children and is a suitable person to re- 
 ceive instruction therein or that it is dangerous to society for the child 
 to remain without custodial care, he may send or commit such child te 
 such institution adapted to the needs of children handicapped in the 
 particular respect. (109 v. 393.) 
 
 SECTION 7781. Instruction in institution. Any such child committed 
 as provided in section 7780, General Code, shall be received, instructed or 
 cared for in the given institution unless the child is deemed by the bureau 
 of juvenile research, after careful examination, not a proper person to 
 be received in the given type of institution. (109 v. 234.) 
 
 ADOPTION 
 
 SECTION 8023. Age for making valid contract. All persons of the 
 age of twenty-one years and upward, who are under no legal disability, 
 shall be capable of contracting respecting goods, chattels, lands, tene- 
 
 “ments, and any other matter or thing which may be the legitimate subject 
 of a contract, and, to all intents and purposes be of full age. (110 v. 125.) 
 
 SECTION 8024. Who may petition for adoption of minor child; con- 
 tents of petition. Any proper person, or a husband and wife jointly, 
 may petition the probate court of the county in which he or they have a 
 legal settlement, of the county in which the child resides or of the county 
 in which the child had a legal residence when it became a public charge, 
 for leave to adopt a child and for a change of the name of such child. 
 Such petition for adoption shall specify the name, age, and place of 
 residence of the petitioner and of the child, and the name by which the 
 child shall be known; whether such child is possessed of any property, 
 and the full description of the property, if any; whether the child has 
 one or both parents living; in case one or both are alive, then the name 
 or names and place of residence of such father and mother shall be given 
 unless proven to be unknown to the petitioner. Provided that if such 
 child sought to be adopted is, by previous order of a juvenile court, under 
 the legal guardianship and permanent custody of a state board or of an 
 institution or agency certified by the board of state charities for the care 
 of children, or has been legally surrendered to the guardianship of such 
 institution or agency, then the names of parents shall be omitted from 
 such petition, but the court shall cause such allegation and the petition to 
 be verified. (109 v. 177.) 
 
 SECTION 8024-1. Hearing on petition and examination of parties. 
 Upon the presentation of such petition the same shall be filed with the 
 court and the said court shall appoint a day for the hearing of said peti- 
 tion and the examination, under oath, of the parties in interest, not less 
 than ten nor more than thirty days from the filing of the petition. It 
 shall be at the option of the court to adjourn the hearing of said petition 
 
LAW BULLETIN 293 
 
 or the examination of the parties in interest, from time to time, as the 
 nature of the case may require. If it shall be necessary, under the pro- 
 visions of this act, that a discreet and suitable person shall be appointed 
 as next friend to the child sought to be adopted, the court shall make 
 such appointment and shall thereupon assign a day for the hearing of 
 said petition and examination of the parties in interest, not less than ten 
 nor more than thirty days from the time of appointing the next friend. 
 In case there is in the county an institution or agency approved by the 
 board of state charities, such institution or agency may be designated as 
 next friend and consent be given as indicated in section 8025. Or the 
 court may order the board of state charities through an authorized repre- 
 sentative to act in such capacity. Such person, institution, agency or 
 board thus designated shall proceed to verify the allegations of the peti- 
 tion, shall make appropriate inquiry to determine whether the proposed 
 foster parents and their home are suitable for such child, and whether 
 such child is a proper subject for adoption in such home. If such child 
 is under the legal guardianship of a state board or of any certified in- 
 stitution or agency, no next friend shall be appointed, but such board, 
 institution or agency shall prepare the report required by this section. 
 As soon as practicable, there shall be submitted to the court a full report 
 in writing, with a recommendation as to the proposed adoption and any 
 other information concerning such child or the proposed home as _ the 
 court may require. Upon the day so appointed, the court shall proceed 
 to a full hearing of the petition and the examination of the parties in 
 interest, under oath, with the right of adjourning the hearing and exam- 
 ination from time to time as the nature of the case may require. The 
 board of state charities shall prepare and furnish to the probate court a 
 suitable blank for use by persons designated to make the report required 
 by this section. (109 v. 178.) 
 
 SECTION 8025. Written consent required. In any adoption proceed- 
 ings written consents must be given to such adoption as follows: 
 
 (a) By the child sought to be adopted if more than thirteen years 
 of age. 
 
 (b) By each of the living parents or by the mother of an illegitimate 
 child, except as follows: 
 
 (c) By the parent or person awarded the legal custody and guar- 
 dianship by a juvenile court because of dependency, or because of the 
 mental, moral or other unfitness of one or both parents; provided that 
 such juvenile court approves of such consent whereupon the jurisdiction 
 of such court over such child shall cease. 
 
 (d) By the parent awarded custody of child by divorce decree, pro- 
 vided the court which granted such decree approves of such consent, and 
 because of such approval the jurisdiction of such court éver such child 
 shall thereupon cease. 
 
 (e) By legal guardian of the person of such child, if parents are 
 dead or their residence has been unknown for at least one year, or if the 
 parents have, because of mental, moral or other unfitness, been deprived 
 of legal custody and guardianship of such child by juvenile court; but if 
 
294 DEPARTMENT OF PUBLIC WELFARE 
 
 there is no guardian and such child is not the ward of a state board or of 
 a certified institution or agency, a next friend shall be appointed as here- 
 inbefore provided, to give consent. 
 
 (f) If the parent or parents having the legal custody give the cus- 
 tody of such chlid for the full term of its minority to any institution or 
 agency established under the laws of the state to care for children and 
 under the approval of the board of state charities, or if such institution 
 or agency has otherwise legally acquired the custody and control of such 
 child, the president or secretary of such institution or agency shall file a 
 certified copy of the consent of the board of trustees, or of the proper 
 officers authorized by such institution or agency to act in matters of adop- 
 tion; and if such child is a ward of the board of state charities or other 
 state board the secretary of such board shall file a certified copy of the 
 consent given in accordance with its rules. 
 
 All such consents to such adoptions shall be acknowledged and wit- 
 nessed. (109 v. 178.) 
 
 SECTION 8026. Adoption by step-father or step-mother. An inhab- 
 itant of this state, the husband of a woman who has a minor child or chil- 
 dren by a former husband; or an inhabitant of this state the wife of a 
 man who has a minor child or children by a former wife, may petition 
 the probate court of his or her proper county for leave to adopt such 
 minor child or children and, when the application is made by the husband 
 alone, or jointly with his wife, for a change of the name or names of such 
 child or children. When each have such minor child or children, the ap- 
 plication may be made jointly by the husband and wife. (94 v. 219.) 
 
 SECTION 8027. Law applicable as to consent. In any adoption in 
 accordance with section 8026 the provisions of section 8025 shall apply in 
 the matter of consent, so far as applicable. (109 v. 179.) 
 
 SECTION 8028. Examination of husband and wife separately. When 
 the petition is filed by a husband and wife, the court shall examine each 
 separate and apart from the other and refuse leave for such adoption 
 unless satisfied from the examination that each petitioner of his or her 
 own free will and accord desires it. (109 v. 179.) 
 
 SECTION 8029. Decree of adoption. If the court, from the testi- 
 mony, shall be of the opinion that the facts stated in the petition are 
 true, and that the petitioner or petitioners are of good moral character 
 and of reputable standing in the community, and of ability to properly 
 maintain and educate the child sought to be adopted, and that the best 
 interests of the child would be promoted by such adoption, and that such 
 child is found to be suitable for adoption, and is satisfied that all the 
 provisions relative to adoption have been complied with, then the court 
 shall make a decree reciting the facts at length, and the name by which 
 the child shall hereafter be known. (109 v. ITE 
 
 SECTION 8030. Record of petition, decree and proceeding. The 
 petition, decree and proceedings shall be recorded in a book kept for that 
 purpose and properly indexed; such book shall become part of the records 
 of the probate court and all reports and affidavits shall be properly filed. 
 Except when such child is adopted under the provisions of sections 8026 
 and 8027, upon such decree of adoption the natural parents of the child, 
 
LAW BULLETIN 295 
 
 if living, shall be divested of all legal rights and obligations due from 
 them to the child or from the child to them; and the child shall be free 
 from all legal obligations of obedience or otherwise to such parents; and 
 the adopting parent or parents of the child shall be invested with every 
 legal right in respect to obedience and maintenance on the part of the 
 child as if said child had been born to them in lawful wedlock; and the 
 child shall be invested with every legal right, privilege, obligation and 
 relation in respect to education, maintenance and the rights of inher- 
 itance to real estate, or to the distribution of personal estate on the death 
 of such adopting parent or parents as if born to them in lawful wedlock; 
 provided, such child shall not be capable of inheriting property expressly 
 limited to the heirs of the body of the adopting parent or parents; and 
 provided also, on the death of the adopting parent or parents and the 
 subsequent death of the child so adopted, without issue, the property of 
 such deceased parent or parents shall descend to and be distributed among 
 the next of kin of said parent or parents and not to the next of kin of the 
 adopted child; and provided, also, if such adopting parent or parents shall 
 have other child or children, then the children by birth and adoption 
 shall, respectively, inherit from and through each other as if all had been 
 children of the same parents born in lawful wedlock. Nothing in this act 
 shall be construed as debarring a legally adopted child from inheriting 
 property of its natural parents or other kin. (109 v. 179.) 
 
 SECTION 8030-1. Residence in home six months before decree. No 
 decree of adoption shall be made until such child has resided in the home 
 of the petitioner for at least six months, unless the court for some 
 special reason which shall be entered in the record deems it best to waive 
 this requirement. (109 v. 180.) 
 
 SECTION 8030-2. Decree may be annulled because of epilepsy. 
 feeble-mindedness, etc. If, after its adoption and before it becomes four- 
 teen years of age, a child develops feeble-mindedness, epilepsy, insanity, 
 or venereal disease as a result of conditions existing prior to adoption, 
 and of which the adopting parent had no knowledge or information, a 
 petition setting forth such conditions may be filed in the court which 
 entered the decree of adoption, and if such conditions are proved to the 
 satisfaction of the court, such adoption may be declared null and void. 
 The court shall thereupon make proper disposition of such child by a 
 commitment to an appropriate state institution as provided in the laws 
 of Ohio or refer such child to the juvenile court. (109 v. 180.) 
 
 SECTION 8030-3. The term “juvenile court” as used in this act shall 
 be construed as applying to such courts as are created by section 1639 
 and all other courts now or hereafter created to administer the provisions 
 of law relating to dependent, delinquent and neglected children. (109 
 v. 180.) 
 
 SECTION 8031. Parent may be summoned to appear before probate 
 court. When through vagrancy, negligence, or misconduct, the parent 
 or parents of any minor child or children are unable to support such child 
 or children, or, if able, neglect or refuse support therefor, or when such 
 parent or parents unlawfully beat, injure, or otherwise habitually ill 
 treat such child or children or cause or allow them to engage in common 
 
296 DEPARTMENT OF PUBLIC WELFARE 
 
 begging, upon complaint by affidavit of some reputable citizen of the 
 county in behalf of such child or children, setting forth facts bringing the 
 case within this statute, the probate court of the proper county may issue 
 a summons requiring such parent, or parents, to appear and answer such 
 complaint. If, upon the hearing of the matters complained of, the court 
 finds them to be true, and that it is for the best interest of such child or 
 children to be taken from such parent or parents, it may make an order 
 to that effect, and direct the placing of such child or children in any suit- 
 able orphan asylum or children’s home or with some other benevolent 
 society, to be taken and cared for and placed in homes found for them by 
 adoption or otherwise by such asylum, home or society, upon the terms 
 and conditions required in case of other children given to such asylum, 
 home or society. The proper officers of such asylum, home or society are 
 authorized to give the necessary consent in placing such children. (78 
 v. 203.) 
 
 SECTION 8032. Right and duties of parents separated or divorced. 
 When husband and wife are living separate and apart from each 
 other, or are divorced and the question as to the care, custody and control 
 of the offspring of their marriage is brought before a court of competent 
 jurisdiction in this state, they shall stand upon an equality as to the care, 
 custody, and control of such offspring, so far as it relates to their being 
 either father or mother thereof. (100 v. 97.) 
 
 SECTION 8033. Court to determine custody of children. Upon hear- 
 ing the testimony of either or both of such parents, corroborated by other 
 proof, the court shall decide which one of them shall have the care, cus- 
 tody and control of such offspring, taking into account that which would 
 be for their best interests, except that, if such children be ten years of 
 age or more, they must be allowed to choose which parent they prefer to 
 live with, unless the parent so selected, by reason of moral depravity, 
 habitual drunkenness or incapacity, be unfitted to take charge of such 
 children in which event the court shall determine the custodian. The 
 above provisions permitting children to choose the parent with whom they 
 desire to live, also shall apply to proceedings for modification of the 
 former orders of the court, fixing the custody thereof, as in original ac- 
 tions. If upon such hearing it should be proved that both parents are 
 improper persons to have the care, custody and control of their children, 
 in its discretion, the court may either designate some reputable and dis- 
 creet person to take charge thereof, or commit them to a county or dis- 
 trict children’s home in which they or their parents have a legal settle- 
 ment. (100 v. 97.) 
 
 SECTION 8034. Order of court. The court may order either or both 
 parents to support or help support such children, whoever be their cus- 
 todian, and also may make any just and reasonable order or decree, per- 
 mitting the parent who is deprived of such care, custody and control of 
 children to visit and have temporary custody of them. (100 v. 97.) 
 
 SECTION 8034-1. Continuing jurisdiction, modified. In any case 
 where the common pleas court, or a probate court having jurisdiction, has 
 made an award of the custody of a minor child or children and an order 
 for support of such minor child or children, such court may certify the 
 
LAW BULLETIN 297 
 
 same to the juvenile court of the county for further proceedings there- 
 under according to law, and thereupon the jurisdiction of the common 
 pleas court, or probate court, in such case as to the custody and support 
 of such minor child or children shall cease. (110 v. 127.) 
 
 SECTION 8035. Appeal. An appeal to a higher court may be had 
 upon appellant giving bond with one good surety to the adverse party, 
 approved by the court from whose decree appealed, in a sum to be de- 
 termined by it, but in no case to less than accrued costs and a fair 
 estimate of accruing costs. The court before whom such case is heard 
 may decree costs of such proceeding against either party, or divide them 
 in any proportion. (100 v. 97.) 
 
 DECEASED INMATES 
 (See Sections 3496; 12689; 12692) 
 
 SECTION 9984. How medical colleges may receive bodies for dissec- 
 tion. Superintendents of city hospitals, directors or superintendents of 
 city or county infirmaries, directors or superintendents of workhouses, 
 directors or superintendents of asylums for the insane, or other chari- 
 table institutions founded and supported in whole or in part at public ex- 
 pense, the directors or warden of the penitentiary, township trustees, 
 sheriffs, or coroners, in possession of bodies not claimed or identified, or, 
 which must be buried at the expense of the county or township, before 
 burial, shall hold such bodies not less than thirty-six hours and notify 
 the professor of anatomy in a college which by its charter is empowered 
 to teach anatomy, or the president of the county medical society, of the 
 fact that such bodies are being so held. Before or after burial such 
 superintendent, director, or other officer, on the written application of the 
 professor of anatomy, or the president of a county medical society shall 
 deliver to such professor or president, for the purpose of medical or 
 surgical study or dissection, the body of a person who died in either of 
 such institutions, from any disease, not infectious, if it has not been re- 
 quested for interment by any person at his own expense. (93 v. 84.) 
 
 SECTION 9985. Body to be delivered to claimant. If the body of a 
 deceased person so delivered, be subsequently claimed, in writing, by a 
 relative or other person for private interment, at his own expense, it shall 
 be given to such claimant. (93 v. 84.) 
 
 SECTION 9986. Interment of body after dissection. After such 
 bodies have been subject to medical or surgical examination or dissec- 
 tion, the remains thereof shall be interred in some suitable place at the 
 expense of the parties in whose keeping the corpse was placed. (93 
 v. 84.) 
 
 SECTION 9987. Notification of relatives. In all cases the officer 
 having such body under his control, must notify or cause to be notified, 
 in writing, the relatives or friends of the deceased person. (93 v. 84.) 
 
 SECTION 9988. Body of strangers or travelers. The bodies of 
 strangers or travelers, who died in any of the institutions above named, 
 shall not be delivered for the purpose of dissection unless the stranger or 
 traveler belongs to that class commonly known as tramps. Bodies de- 
 
298 DEPARTMENT OF PUBLIC WELFARE 
 
 livered as herein provided shall be used for medical, surgical and 
 anatomical study only, and within this state. (93 v. 84.) 
 
 SECTION 9989. Liability for having unlawful possession of body. 
 A person, association, or company, having unlawful possession of the 
 body of a deceased person shall be jointly and severally liable with any 
 other persons, associations, and companies that had or have had unlawful 
 possession of such corpse, in any sum not less than five hundred nor more 
 than five thousand dollars, to be recovered at the suit of the personal 
 representative of the deceased in any court of competent jurisdiction, 
 for the benefit of the next of kin of deceased. (R.S. of 1880.) 
 
 HUMANE SOCIETY 
 
 SECTION 10062. Ohio humane society. The Ohio state society for 
 the prevention of cruelty to animals, shall remain a body corporate, 
 under the name of the “Ohio humane society,” with the powers, privileges, 
 immunities, and duties heretofore possessed by such society, hereinafter 
 specified as to county societies, and may appoint any person, in a county 
 where there is no such active society, to represent the state society, and 
 to receive and account for all funds coming to that society, from fines or 
 otherwise. (84 v. 207.) 
 
 SECTION 10063. Objects and power to acquire property. The ob- 
 jects of such society, and all societies organized under sections ten thous- 
 and and sixty-seven and ten thousand and sixty-eight, shall be the incul- 
 cation of humane principles, the enforcement of laws for the prevention of 
 cruelty, especially to children and animals, to promote which objects such 
 societies may respectively acquire property, real or personal, by purchase 
 or gift. All property acquired by gift, devise or bequest for special pur- 
 poses, shall be vested in a board of trustees consisting of three members 
 elected by the society, which board must manage such property, and apply 
 it in accordance with the terms of the gift, devise, or bequest, with power 
 to sell it and re-invest the proceeds. (84 v. 207.) 
 
 SECTION 10064. Officers and rules. Such society may elect such 
 officers, and make such rules, regulations and by-laws as are deemed ex- 
 pedient by its members for their own government and the proper man- 
 agement of its affairs. The society may appoint agents in any county of 
 this state where no active society exists, under such sections ten thousand 
 and sixty-seven and ten thousand and sixty-eight, to represent it and 
 receive and account for all funds coming to the society from fines or 
 otherwise, and may also appoint agents at large to prosecute the work 
 of the society throughout the state. (84 v. 207.) 
 
 SECTION 10065. Powers of agents. The agents of such society and 
 of all societies organized under such sections, whose appointment has 
 been approved as hereinafter provided, may arrest a person found violat- 
 ing any law for the protection of persons or animals, or the prevention 
 of cruelty thereto. Upon making such arrest the agent forthwith shall 
 convey the person arrested before some court or magistrate having juris- 
 diction of the offense, and there make complaint against him. But agents 
 shall not make such arrests within a municipal corporation unless their 
 
LAW BULLETIN 299 
 
 appointment has been approved by the mayor thereof, nor within a 
 county beyond the limits of a municipal corporation, unless their appoint- 
 ment has been approved by the probate judge of the county. The mayor 
 or probate judge must keep a record of such appointments. (84 v. 207.) 
 
 SECTION 10066. Branches. Branches of such society consisting of 
 not less than ten members may be organized in any part of the state to 
 prosecute the work of the societies in their several localities, under rules 
 and regulations prescribed by this society. Societies organized in any 
 county under the next following section may become branches of such 
 society by resolution adopted at a meeting thereof called for that purpose, 
 a copy of which resolution shall be forwarded to the secretary of state. 
 (84 v. 207.) 
 
 SECTION 10067. Other societies authorized. Societies for the pre- 
 vention of acts of cruelty to animals may be organized in any county, by 
 the association of not less than seven persons. The members thereof, at 
 a meeting called for the purpose, shall elect not less than three of their 
 members directors, who shall continue in office until their successors are 
 duly chosen. (72 v. 129.) 
 
 SECTION 10068. Incorporation. The secretary or clerk of the meet: 
 ing must make a true record of the proceedings thereat, and certify and 
 forward it to the secretary of state, who shall record it. This record 
 shall contain the name by which such association is to be known, and from 
 and after its filing, the directors and associates, and their successors, will 
 be invested with the powers, privileges, and immunities incident to in- 
 corporated companies. A copy of such record, duly certified by the 
 secretary of state, shall be taken in all courts and places in this state, as 
 evidence that such society is a duly organized and incorporated body. 
 (720. 429.) 
 
 SECTION 10069. Officers and by-laws. Such societies may elect such 
 officers, and make such rules, regulations, and by-laws, as are deemed ex- 
 pedient by their members for their own government and the proper man- 
 agement of their affairs. (72 v. 129.) 
 
 SECTION 10070. May appoint agent. Such societies may appoint 
 agents who are residents of the county or municipality for which the ap- 
 pointment is made, for the purpose of prosecuting any person guilty of 
 an act of cruelty to persons or animals, who may arrest any person found 
 violating any provision of this chapter, or any other law for protecting 
 persons or animals or preventing acts of cruelty thereto. Upon making 
 such arrest, such agent shall convey the person so arrested before some 
 court or magistrate having jurisdiction of the offense, and there forth- 
 with make complaint on oath or affirmation of the offense. (72 v. 129.) 
 
 SecTION 10071. Approval of appointments. All appointments by 
 such societies under the next preceding section shall have the approval 
 of the mayor of the city or village for which they are made. If the 
 society exists outside of a city or village, appointments shall be approved 
 by the probate judge of the county for which they are made. The mayor 
 or probate judge shall keep a record of such appointments. (72 v. 129.) 
 
 SECTION 10072. Salary of agents. Upon the approval of the ap- 
 pointment of such an agent by the mayor of the city or village, the 
 
300 DEPARTMENT OF PUBLIC WELFARE 
 
 council thereof shall pay monthly to such agent or agents from the gen- 
 eral revenue fund of the city or village, such salary as the council deems 
 just and reasonable. Upon the approval of the appointment of such 
 agent by the probate judge of the county, the county commissioners shall 
 pay monthly to such agent or agents, from the general revenue fund of 
 the county, such salary as they deem just and reasonable. The commis- 
 sioners, and the council of such city or vilage may agree upon the amount 
 each is to pay such agent or agents monthly. The amount of salary to be 
 paid monthly by the council of the village to such agent shall not be less 
 than five dollars, by the council of city not less than twenty dollars, and 
 by the commissioners of the county, not less than twenty-five dollars. 
 But not more than one agent in each county shall receive remunerations 
 from the county commissioners under this section. (98 v. 44.) 
 
 SECTION 10073. Police powers of officers and agents. An officer, 
 agent, or member of such society may interfere to prevent perpetration 
 of any act of cruelty to animals in his presence, use such force as is neces- 
 sary to prevent it, and to that end may summon to his aid any by- 
 standers. (72 v. 129.) 
 
 SECTION 10074. Interpretation of words. In this chapter, and in 
 every law relating to or affecting animals, the word “animal” includes 
 every living dumb creature; the word “torture,” “torment,” and “cruelty” 
 includes every act, omission, or neglect whereby unnecessary or unjusti- 
 fiable pain or suffering is caused, permitted, or allowed to continue, when 
 there is a reasonable remedy or relief. The words “owner” and “person” 
 include corporations; and the knowledge and acts of their agents and em- 
 ployes in regard to animals transported, owned, employed by, or in the 
 custody thereof, is the act of the corporations. (72 v. 129.) 
 
 SECTION 10075. Member may require police to act. A member of 
 such society may require the sheriff of any county, the constable of any 
 township, the marshal or policeman of any city or village, or the agent 
 of such society, to arrest any person found violating the law in relation 
 to cruelty to persons or animals, and to take possession of an animal 
 cruelly treated, in their respective counties, cities, or villages, and deliver 
 it to the proper officers of the society. (81 v. 181.) 
 
 SECTION 10076. Fees. For this service and all other services ren- 
 dered in carrying out the provisions of this chapter, such officers, and the 
 officers and agents of the association, shall be allowed and paid such fees 
 as they are allowed for like services in other cases, which must be charged 
 
 as costs, and reimbursed to the society by the person convicted. (81 v. 
 181.) 
 
 SECTION 10077. Person guilty liable to damages. A person guilty 
 of cruelty to an animal, the property of another, shall be liable to the 
 owner thereof in damages, in addition to the penalties prescribed by law. 
 (72 v. 129.) 
 
 SECTION 10078. Conviction of agent no bar. The conviction of an 
 agent or employe shall not bar an action for cruelty to animals against an 
 employer for allowing a state of facts to exist which will induce cruelty 
 to animals on the part of such agent or employer. (72 v. 129.) 
 
LAW BULLETIN 301 
 
 SECTION 10079. Any person may protect animal from neglect. 
 When in order to protect any animal from neglect it is necessary, any 
 person may take possession of it. When an animal is impounded, yarded 
 or confined, and continues without necessary food, water or proper atten- 
 tion for more than fifteen successive hours, as often as is necessary, any 
 person may enter into and upon any place in which the animal is im- 
 pounded, yarded or confined, and supply it necessary food, water and at- 
 tention, so long as it there remains, or, if necessary or convenient, may 
 remove such animal, and not be liable to an action for such entry. In 
 all cases the owner or custodian of such animal, if known, immediately 
 shall be notified of such action, by the person taking possession of the 
 animal. If the owner or custodian be unknown, and cannot with reason- 
 able effort be ascertained, such animal shall be held to be an estray, and 
 be dealt with as such. (81 v. 183.) 
 
 SECTION 10080. Cost and expenses. The necessary expenses for food 
 and attention given to an animal under the preceding section, may be 
 collected from the owner thereof, and the animal shall not be exempt 
 from levy and sale upon execution issued upon a judgment therefor. 
 (81 v. 183.) 
 
 SECTION 10081. May remove child from parents. When an officer 
 or agent of a society organized under this chapter, deems it for the best 
 interest of a child, because of cruelty inflicted upon it, or of its surround- 
 ings, that it be removed from the possession and control of the parents or 
 persons having charge thereof, such officer or agent may take possession 
 of the child summarily. (93 v. 296.) 
 
 SECTION 10082. Notice to persons having control of child and 
 parents. Such officer or agent shall cause a notice to be personally served 
 upon the person having control or possession of such child, and upon its 
 parent or parents, if within the state, that the society will apply to the 
 probate court of the county in which it is situated, at a time and place 
 named in the notice, for an order as hereinafter set forth. If such person 
 or parents reside or have gone out of the state or if his or her place of 
 residence is unknown so that such notice cannot be served, such officer or 
 agent shall file with the probate court an affidavit stating such fact. 
 Thereupon the clerk of said court shall cause such notice to be published 
 once in a newspaper of general circulation throughout the county, if there 
 be one so published. The notice shall state the nature of the complaint, 
 and the time and place of the hearing, which will be held at least two 
 weeks later than the date of the publication; and a copy of such notice 
 shall be sent by mail to the last known address of such parent, guardian 
 or other person having custody of such child, unless said affidavit shows 
 that a reasonable effort has been made without success to ascertain such 
 address. The certificate of the clerk that such publication has been made 
 or such notice mailed shall be sufficient evidence thereof. Until the time 
 for the hearing arrives, the court shal make such temporary disposition 
 of such child as it may deem best. When said period of two weeks from 
 the time of publication shall have elapsed, said court shall have full 
 jurisdiction to deal with such child as provided by this chapter. (103 
 v. 905.) 
 
302 DEPARTMENT OF PUBLIC WELFARE 
 
 SECTION 10083. Probate judge may make general agent guardian. 
 At the time stated in such notice, if it appears to the satisfaction of the 
 probate judge, that it is for the best interest of such child that possession 
 and control of it be taken from the parent or other person having it, he 
 shall make an order conferring upon the general agent of the society the 
 powers of a guardian as to the child. (93 v. 296.) 
 
 SecTION 10084. Guardian to provide home for child. As such 
 guardian, such general agent, with the approval of the probate judge, 
 may provide a suitable home for the child until it reaches the age of 
 majority, or the probate judge is satisfied that its parent or parents are 
 in a position properly to provide and care for it. (93 v. 296.) 
 
 HOME FOR THE AGED AND INDIGENT 
 
 SECTION 10189. Homes for aged and indigent women. Corporations 
 designated as the widows’ home, and asylum for aged and indigent 
 women, in addition to the estates, real, personal, or mixed, which they are 
 otherwise allowed by law to hold, may take by purchase, gift, or devise, 
 and hold, use, dispose of, and convey, in all lawful ways, any estate, real, 
 personal, or mixed, convenient or necessary for the use of the corporation, 
 or for the investment of its funds. No part of such estate, nor of the 
 income thereof, shall be used for any purpose or business other than in 
 providing a suitable asylum, the support and maintenance thereof, and 
 the support and maintenance of such aged and indigent women as are 
 admitted into it under the by-laws thereof. (75 v. 14.) 
 
 HOME FOR DEAF AND DUMB 
 
 SECTION 10190. Contract for care and maintenance of indigent, 
 aged or infirm deaf and dumb. Any incorporated association organized 
 for the purpose of providing a home for deaf and dumb persons may enter 
 into a contract with the board of county infirmary directors of any 
 county, or with the proper officers of any corporation infirmary, for the 
 care and maintenance at such home of any deaf and dumb person who 
 may be an inmate of such county or corporation infirmary, or who under 
 the laws of the staté, may be entitled to admission thereto. In every 
 such case the county or corporation infirmary, during the period the per- 
 son remains in such home, shall pay to the association, annually, a sum 
 equal to the per capita costs of maintaining inmates in the county or cor- 
 poration infirmary. (94 v. 369.) 
 
 SECTION 10191. State board of charities may order removal of such 
 persons to home. When any deaf and dumb person is maintained in a 
 county or corporation infirmary in this state, who, in the judgment of the 
 board of state charities should be removed to a home organized under the 
 preceding section, such board may order the removal of the person from 
 the infirmary to the home. When such person is removed on the order of 
 the board from an infirmary to the home, then the transportation of the 
 person to the home and his or her maintenance shall be paid by the in- 
 firmary directors of the county infirmary or the proper officers of the 
 corporation infirmary as provided in preceding section. (94 v. 369.) 
 
LAW BULLETIN 303 
 
 GUARDIANSHIP OF MINORS 
 
 SECTION 10918. Appointment of guardian. A minor over the age 
 of fourteen years, may select a guardian, who, if a suitable person, must 
 be appointed. If such minor fails to select a suitable person, an appoint- 
 ment may be made without reference to his or her wishes. The minor 
 shall not select one person to be the guardian of his or her estate only, 
 and another to be the guardian of the person only, unless the court which 
 appoints is of the opinion that the interests of such minor will thereby 
 be promoted. (110 v. 121.) 
 
 SECTION 10928. Duties of guardian. Each person appointed 
 guardian of the person and estate of a minor, shall have the custody and 
 tuition of his ward, and the management of such ward’s estate during 
 minority, unless removed or discharged from such trust, or the guardian- 
 ship sooner determines from any of the causes specified in this chapter. 
 
 The wife and husband are the joint natural guardians of their minor 
 children and are equally charged with their care, nurture, welfare and 
 education and the care and management of their estates. The wife and 
 husband shall have equal powers, rights and duties, and neither parent 
 has any right paramount to the right of the other concerning the custody 
 of the minor or the control of the services or the earnings of such minor 
 or any other matter affecting the minor; provided that if either parent. 
 to the exclusion of the other, is maintaining and supporting the child, 
 such a parent shall have the paramount right to control the services and 
 earnings of the child. Neither parent shall forcibly take a child from the 
 guardianship of the parent legally entitled to its custody. 
 
 In case the wife and husband live apart the court may award the 
 guardianship of a minor to either parent, and the state where the parent 
 having the lawful custody of the minor resides, shall have jurisdiction to 
 determine questions concerning the minor’s guardianship. (110 v. 122.) 
 
 MARRIAGE OF MINORS 
 
 SECTION 11181. Male persons of the age of eighteen years, and 
 female persons of the age of sixteen years, not nearer of kin than second 
 cousins, and not having a husband or wife living, may be joined in mar- 
 riage. Any such person under the age of twenty-one years must first 
 obtain the consent of his or her parents, surviving parent or guardian. 
 (110 v. 226.) 
 
 SECTION 11181-1. When judge of juvenile court may give consent 
 to marriage contract. Provided, however, that when such person is under 
 age, and has no parents or no legal guardian, the judge of the juvenile 
 court of the county in which the said female resides, may, upon the ap- 
 plication of both the contracting parties, an entry being made upon its 
 journal, give consent and approbation in the probate court for the mar- 
 riage; and provided further that when the condition of the female is 
 such as to imperatively impel the marriage relation by reason of ap- 
 proaching maternity, the matter shall be inquired into by the juvenile 
 court and if one or both the parties are made ward of the court and it is 
 found proper, said court may, with consent of said wards, or their par- 
 L B pig 20 
 
304 DEPARTMENT OF PUBLIC WELFARE 
 
 ents, if any are living, or of any guardian, give consent in the probate 
 court, and the probate court may thereupon issue a license therefor, 
 “notwithstanding either or both the contracting parties for the marital 
 relation is under the minimum age otherwise prescribed by law, but such 
 license shall not issue until it is found beyond doubt it is a maternity 
 
 case. 
 
 BASTARDY PROCEEDINGS 
 
 SECTION 12110. Complaint filed by unmarried women. When an 
 unmarried woman, who has been delivered of or is pregnant with a 
 bastard child, makes a complaint in writing, under oath, before a justice 
 of the peace, or in the juvenile court charging a person with being the 
 father of such child, the judge or justice thereupon shall issue his war- 
 rant, directed to any sheriff, police officer or constable of the state, com- 
 manding him to pursue and arrest such accused person in any county 
 therein, and bring him forthwith before such judge or justice to answer 
 such complaint. (110 v. 297.) 
 
 SECTION 12111. Examination under oath. On the return of the 
 warrant, the justice or judge shall examine the complainant, under oath, 
 in the presence of the accused, respecting the cause of her complaint. 
 The accused shall be permitted also to ask her, when under oath, any 
 question he may think necessary for his defense. (110 v. 297.) 
 
 SECTION 12112. Record of examination. The examination of com- 
 plainant by the judge or justice, the questions of the defendant, and the 
 answers thereto by her must be reduced to writing, in the presence of the 
 judge or justice, and subscribed by her. (110 v. 297.) 
 
 SECTION 12113. Hearing continued. On the request of either party, 
 for good cause shown, the judge or justice may continue the examination 
 for a period not to exceed ten days, upon the accused entering into a 
 recognizance to the state, with sufficient surety, in not less than three 
 hundred nor more than one thousand dollars, to appear and answer the 
 complaint, at the time fixed for its hearing, and abide the order of the 
 judge or justice. (110 v. 297.) 
 
 SECTION 12114. Settlement of claim. If, during the examination 
 before the justice or judge, or before judgment in the court of common 
 pleas, or juvenile court, the accused pays or secures to be paid to the 
 complainant such amount of money or property as she agrees to receive 
 in full satisfaction of all claims she may have individually against said 
 accused arising out of said complaint, such justice, court, or judge, shall 
 discharge him from custody, upon his paying the costs of prosecution. 
 Such agreement must be made or acknowledged by both parties in the 
 presence of the justice, court, or judge, who thereupon shall enter a 
 memorandum thereof on his docket or cause it to be made upon his 
 journal. Provided, however, that nothing in this section shall be con- 
 strued as a bar to the prosecution of the accused for failure to support 
 his illegitimate child or children under the provisions of any statute pro- 
 viding for prosecution and punishment for the non-support of legitimate 
 or illegitimate children. (110 vy. 297.) 
 
LAW BULLETIN 305 
 
 SECTION 12115. Hearing in juvenile or common pleas court. If no 
 such compromise is effected, and the complaint has been filed in the juve- 
 nile court, the judge thereof shall fix the time of the trial and in such cases 
 the juvenile court shall have jurisdiction to hear fully and determine such 
 matter, and the judge shall require the accused to furnish bail for his 
 appearance in an amount not less than three hundred nor more than one 
 thousand dollars, and with such security as he may approve. If the com- 
 plaint has been filed before a justice of the peace, the justice before whom 
 the complaint was made shall bind the accused to appear before the 
 juvenile court or at the next term of the common pleas court, in a recog- 
 nizance to the state, with sufficient surety, in not less than three hundred 
 nor more than one thousand dollars, to answer the accusation, and abide 
 the order of the court. On neglect or refusal to find such security, the 
 justice or judge shall cause the accused to be committed to the jail of the 
 county, there to be held to answer the complaint. (110 v. 298.) 
 
 SECTION 12116. Bail bond required. A person committed to jail for 
 failure to give such recognizance may be discharged from custody by 
 entering into recognizance, with sufficient surety, in not less than three 
 hundred nor more than one thousand dollars, to be taken and approved 
 by a judge of the court in which said cause is pending. (110 v. 298.) 
 
 SECTION 12117. Justice shall file transcript and papers with clerk. 
 The justice before whom the examination is had, within thirty days there- 
 after, shall file with the clerk of the common pleas court of the county a 
 certified transcript of the proceedings, together with the recognizance, if 
 any be taken, and all other papers therein. (70 v. 112.) 
 
 SECTION 12118. Continuance of hearing. If, on the day fixed for 
 trial, the complainant has not been delivered, or is unable to attend, or if 
 there be any other sufficient reason therefor, the court may order a con- 
 tinuance of the cause. Such continuance shall operate as a renewal of 
 the recognizance, which shall remain in full force until final judgment. 
 (110 v. 298.) 
 
 SECTION 12119. Release of sureties. At any term of the court of 
 common pleas, or at any time before trial in the juvenile court, if the 
 sureties on the recognizance surrender the accused and request to be 
 released therefrom, or if the court deems the recognizance insufficient, it 
 may order a new recognizance to be taken, cancel the first, and commit 
 the accused until a new recognizance is given. (110 v. 298.) 
 
 SECTION 12120. Forfeiture of recognizance. If the accused fails 
 to appear at the term of court to which he is recognized, or at the time 
 set for trial in the juvenile court, his recognizance shall be forfeited. If 
 a verdict of guilty be rendered, and the judgment entered thereon as 
 hereinafter provided, the amount of such forfeited recognizance shall be 
 applied in payment of the judgment. (110 v. 298.) 
 
 SECTION 12121. Accused to be permitted to defend. Before or on 
 the hearing of the complaint, the court shall permit the accused to appear 
 in person, or by counsel, and make defense. (70 v. 115.) 
 
 SECTION 12122. The trial in court. When, before the court to 
 which he is recognized to appear, the accused pleads not guilty of the 
 charge, or, having been recognized, fails to appear, the court shall order 
 
306 DEPARTMENT OF PUBLIC WELFARE 
 
 the issue to be tried by a jury. At the trial, the examination before the 
 justice shall be given in evidence by the complainant. (70 v. 113.) 
 
 SECTION 12123. Judgment when found guilty. If, in person or by 
 counsel, the accused confesses in court that the accusation is true or, if 
 the jury find him guilty, he shall be adjudged the reputed father of the 
 bastard child and the court shall thereupon adjudge that he pay to the 
 complainant such sum as the court may find to be necessary for her sup- 
 port, maintenance and necessary expenses, caused by pregnancy and child- 
 birth together with costs of prosecution. The court shall require the re- 
 puted father to give security to perform such order. If he neglects or 
 refuses to give it, and pay the cost of prosecution, he shall be committed 
 to the jail of the county, there to remain, except as provided in the next 
 following section, until he complies with the order of the court. On the 
 judgment of the juvenile court, execution may issue to the sheriff as in 
 cases of judgments for money in the court of common pleas. Provided, 
 however, that nothing in this section shall be construed as a bar to the 
 prosecution of the accused for failure to support his illegitimate child or 
 children under the provisions of any statute providing for prosecution 
 and punishment for non-support of legitimate or illegitimate children. 
 (110 v. 299.) 
 
 SECTION 12124. Law relating to insolvent debtors. After having 
 been confined in prison for three months, for failing to comply with the 
 order provided for in the next preceding section, such putative father 
 shall be entitled to the benefits of the law relating to insolvent debtors, in 
 like manner as persons imprisoned for debt. But before he shall be en- 
 titled thereto, he must give at least three days’ notice to the complainant 
 or her attorney of his intention to apply therefor. (72 v. 49.) 
 
 SECTION 12125. Death of complainant. The death of the mother 
 shall not abate a prosecution instituted by her. A suggestion of the fact 
 shall be made, and the name of her executor or administrator substituted 
 on the record for that of the mother. Such executor or administrator 
 shall not be liable for costs. In such case, the testimony of the mother, 
 reduced to writing before the justice, may be read in evidence. (110 v. 
 299.) 
 
 SECTION 12126. Repealed 1923. (110 v. 300.) 
 SECTION 12127. Repealed 1923. (110 v. 300.) 
 
 SECTION 12128. Justice to furnish transcript on failure of officer 
 to arrest accused. When, from the return of the officer on the warrant, 
 it appears that the accused could not be arrested, upon demand, the 
 justice forthwith shall make a certified transcript of the proceedings be- 
 fore him, including copies of the complaint and warrant, with the return 
 thereon, and deliver them to the complainant, or her agent or attorney. 
 C70 WE 113;) 
 
 SECTION 12129. Order of attachment and grounds thereof. Upon 
 filing such transcript in the office of the clerk of the common pleas 
 court in the county in which the justice resides, such clerk shall issue an 
 order of attachment when there is filed in his office an affidavit of the 
 complainant, her agent or attorney, showing: 
 
LAW BULLETIN 307 
 
 1. That she is the mother of a bastard child, or pregnant with a 
 child which, if born alive, will be a bastard; 
 
 2. That the accused person is the father of such child; 
 
 3. The existence of one or more of the following grounds: 
 
 That the accused is not a resident of this state; or, has absconded 
 with the intent to defraud complainant; or, has left the county of his 
 residence to avoid the service of a warrant; or, so conceals himself, that 
 a warrant cannot be served upon him. (70 v. 113.) 
 
 SECTION 12130. Proceedings under attachment. The order of at- 
 tachment shall issue without a bond. The amount of property seized 
 thereon shall not exceed one thousand dollars in appraised value. At- 
 tachments under this chapter are subject to the provisions of law as to 
 attachments in civil actions, and shall be governed thereby. (70 v. 114.) 
 
 SECTION 12131. Service by publication. Upon the return of the 
 order of attachment, service may be had by the publication, for six con- 
 secutive weeks, in a newspaper of general circulation in the county 
 wherein the cause is pending, of a notice of the pendency of the proceed- 
 ing, stating its object, the substance of the complaint, and that an order 
 of attachment has been issued and served therein. In such case, copies of 
 the complaint and order of attachment, with the return thereon forthwith 
 must be deposited in the post-office, directed to the accused at his place of 
 residence, unless it appears to the court, by affidavit, or otherwise, that 
 such residence is unknown to the complainant, and could not, with reas- 
 onable diligence be ascertained by her. (70 v. 114.) 
 
 SECTION 12132. Personal service of copies of complaint. If the 
 defendant’s place of residence is known, personal service of certified 
 copies of the complaint and order of attachment, with the returns thereon, 
 may be made at complainant’s election, instead of service by publication. 
 The cause may be heard and determined after the expiration of six weeks 
 from the time of personal service, or the first publication of the notice 
 provided for in the next preceding section. (70 v. 115.) 
 
 SECTION 12133. Order of court with respect to attached property. 
 If, on such trial, the accused be adjudged to be the reputed father of the 
 child, the court shall order that unless, within a day to be fixed by it, he 
 pays the sum adjudged against him, with costs of prosecution, so much of 
 the property remaining in the hands of the officer, after applying money 
 from the sale of perishable property, and so much of the personal prop- 
 erty, lands and tenements, if any, as are necessary to satisfy such order, 
 be sold, under the same restrictions and regulations as if levied on by 
 execution. The money arising therefrom, with any amount recovered 
 from the garnishee, shall be subject to the order and control of the court, 
 and be applied to satisfy such order in such sums and at such times as 
 the court orders and directs. If there be not enough to satisfy the order, 
 it shall stand, and execution may issue thereon for the residue, as in 
 judgments at law. Any surplus of attached property, or its proceeds, 
 shall be returned to the defendant. (70 v. 115.) 
 
 SECTION 12134. Continuance of case after death of complainant. 
 In case of the death or disability of an unmarried woman who would 
 otherwise be eligible to make complaint as provided in this chapter, the 
 
308 DEPARTMENT OF PUBLIC WELFARE 
 
 executor, administrator or guardian of such unmarried woman, or a pro- 
 bation officer of the juvenile court or a representative of the division of 
 charities, department of public welfare, acting as guardian ad litem of 
 such unmarried woman, whether she be of age or not, may make and 
 prosecute such complaint, with like effect, as if prosecuted by the mother 
 herself. Such probation officer or representative so acting as guardian 
 shall be entitled to receive any sum paid by way of settlement or under 
 order of court as trustee for the use of such unmarried woman, to be ex- 
 pended in such manner as the court may order. Such executor or admin- 
 istrator shall be entitled to recover upon any bond or security given in 
 accordance with this chapter, for the benefit of the estate of such unmar- 
 ried woman. (110 v. 299.) 
 
 SECTION 12135. Repealed. (110 v. 300.) 
 
 HABEAS CORPUS 
 
 SECTION 12161. Who entitled to the writ. A person unlawfully 
 restrained of his liberty, or a person entitled to the custody of another, 
 of which custody he is unlawfully deprived, may prosecute a writ. of 
 habeas corpus, to inquire into the cause of such imprisonment, restraint, 
 or deprivation. (R.S. Sec. 3726.) (29 v. 164.) 
 
 SECTION 12162. Who may grant writ of habeas corpus. The writ 
 of habeas corpus may be granted by the supreme court, the court of ap- 
 peals, the common pleas court, the probate court, or by a judge of either. 
 (103 v. 429.) 
 
 SECTION 12163. Jurisdiction for production or discharge of inmate 
 of institution. If the person restrained of his liberty be an inmate of a 
 benevolent or penal institution of this state, the location of which is fixed 
 by statute, and at the time is in the custody of the officers of such institu- 
 tion, no court or judge shall have jurisdiction to issue or determine a 
 writ of habeas corpus for his production or discharge, save only the 
 courts or judges of the county where such institution is so located. Such 
 writ issued by or from a court or judge of another county to an officer 
 or person in charge at such state institution to compel the production or 
 discharge of an inmate thereof shall be void. (97 v. 318.) 
 
 SECTION 12164. Requisites of application for. Application for the 
 writ shall be by petition, signed and verified either by the party for whose 
 releif it is intended, or by some person for him, and shall specify: 
 
 1. That the person in whose behalf the application is made is im- 
 prisoned, or restrained of his liberty; 
 
 2. The officer, or name of the person by whom he is so confined or 
 restrained. If both are unknown or uncertain, he may be described by an 
 assumed appellation. The person who is served with the writ shall be 
 deemed the person intended; 
 
 3. The place where he is so imprisoned or restrained, if known; 
 
 4. A copy of the commitment or cause of detention of such person 
 shall be exhibited, if it can be procured without impairing the efficiency 
 of the remedy; or, if the imprisonment or detention is without legal 
 authority, such fact must appear. (45 v. 45.) 
 
LAW BULLETIN 309 
 
 SECTION 12165. When writ not allowed. If it appears that the 
 person alleged to be restrained of his liberty is in custody of an officer 
 under process issued by a court or magistrate, or by virtue of the judg- 
 ment or order of a court of record, and that the court or magistrate had 
 jurisdiction to issue the process, render the judgment, or make the order, 
 the writ shall not be allowed; or, if the jurisdiction appears after the writ 
 is allowed, the person shall not be discharged by reason of any informal- 
 ity or defect in the process, judgment, or order. (32 v. 23.) 
 
 SECTION 12166. When the writ must be granted. When a petition 
 therefor is presented, if it appears that the writ ought to issue, a court 
 or judge authorized to grant the writ, must grant it forthwith. (29 v. 
 164.) 
 
 SECTION 12167. Who to issue the writ and when. Upon its allow- 
 ance, the writ shall be issued forthwith, by the clerk of the court whereof 
 the person who granted it is a judge, under the seal of such court. In 
 case of emergency, such judge may issue the writ under his own hand, 
 and depute any officer or person to serve it. (29 v. 164.) 
 
 SECTION 12168. How prisoner may be designated. The person to be 
 produced shall be designated by his name, if known, and if not known, or 
 uncertain, he may be described in any other way so as to make known 
 who is intended. (45 v. 45.) 
 
 SECTION 12169. Requisites of the writ in certain cases. In case of 
 confinement, imprisonment or detention by an officer, the writ shall be 
 directed to him, and command him to have the body of such person before 
 the court or judge designated in the writ, at a time and place therein 
 specified. (45 v. 45.) 
 
 SECTION 12170. Form of writ when prisoner not in custody of an 
 officer. In case of confinement, imprisonment, or detention by a person not 
 an officer, the writ shall be in the form following: 
 
 BEERS OMIT MON GRD Se ctsaes 655 asia Sens a: 4 aparece County, ss.: 
 
 To the sheriff of our several counties, greeting: 
 
 We command you that the body of ............. Onis ree cs one 
 Mires: ae SO dete hig dan ine Ad alain Be , imprisoned and restrained of his lib- 
 BELV sas tC if paid, you take’ and have before... ct) bit. sees eons a 
 BHUSeTOr OU 4 tees he fk court, or, in case of his absence or disability, 
 Herore. some other judge of the same court? at’. 28. Ose ee eS 
 forthwith to do and receive what our said judge shall then and there con- 
 SICGY MNS Se HANS: concerning him in his behalf; and summon the said 
 Beets Lh atadent a Aels« then and there to appear before our said judge, to show 
 the cause of the taking and detention of the said .............ccccecees 
 
 (Seal norwathessiais. Inisinkts. yeaa one GA ge eel eek SS wink 4 
 
 (45 v. 45.) 
 
 SECTION 12171. How and when writ may be served. The writ may 
 be served in any county, by the sheriff of that or any other county, or by 
 a person deputed by the court or judge. (45 v. 45.) 
 
 SECTION 12172. How executed and returned. The officer or person 
 to whom the writ is directed shall convey the person so imprisoned or 
 detained, and named in the writ, before the judge allowing it or, in 
 
310 DEPARTMENT OF PUBLIC WELFARE 
 
 case of his absence or disability, before some other judge of the same 
 court, on the day specified in the writ. He shall make due return of 
 the writ, together with the day and the cause of the caption and deten- 
 tion of such person, according to its command. (29 v. 164.) 
 
 SECTION 12173. Writ returned to another judge or court. When 
 the writ is issued by a court in session, if the court has adjourned when 
 the writ is returned, it shall be returned before any judge of the same 
 court. When the writ is returned before one judge, at a time when the 
 court is in session, he may adjourn the case into the court, there to be 
 heard and determined. (45 v. 45.) 
 
 SECTION 12174. What shall be stated in the return. When the 
 person to be produced is imprisoned or restrained by an officer, the per- 
 son who makes the return shall state therein, and in other cases the 
 person in whose custody the prisoner if found shall state, in writing, 
 to the court or judge before whom the writ is returnable, plainly and 
 unequivocally: 
 
 1. Whether he has, or has not, the party in his custody or power, 
 or under restraint; 
 
 2. If he has the party in his custody or power, or under restraint, 
 he shall set forth, at large, the authority, and the true and whole cause, 
 of such imprisonment and restraint, with a copy of the writ, warrant, 
 or other process, if any, upon which the party is detained; 
 
 3. If he has had the party in his custody or power, or under re- 
 straint, and has transferred such custody or restraint to another, he 
 shall state, particularly, to whom, at what time for what cause, and by 
 what authority, such transfer was made. (45 v. 45.) 
 
 SECTION 12175. The return must be signed and sworn to. The 
 return or statement shall be signed by the person who makes it. It 
 shall also be sworn to by him, unless he is a sworn public officer, and 
 makes the return in his official capacity. (45 v. 45.) 
 
 SECTION 12176. Adjournment of cause. The court or judge to 
 whom the writ is returned, or the court into which it is adjourned, for 
 good cause shown, may continue the cause, and, in that event, shall 
 make such order for the safekeeping of the person imprisoned or de- 
 tained as the nature of the case requires. (45 v. 45.) 
 
 SECTION 12177. When prisoner shall be discharged. When the 
 judge has examined into the cause of caption and detention of the per- 
 son so brought before him, and is satisfied that he is unlawfully im- 
 prisoned or detained, he shall forthwith discharge him from confinement. 
 On such examination, the judge may disregard matters of form or tech- 
 nicalities in any mittimus or order of commitment by a court or officer, 
 authorized by law to commit. (78 v. 113:) 
 
 SECTION 12178. When the prisoner may be committed, or let to bail. 
 When the person is confined or detained in a legal manner, on a charge 
 of having committed a crime or offense which is bailable, at his discre- 
 tion, the judge shall recommit him, or let him to bail. If he be let to 
 bail, the judge shall require him to enter into a recognizance, with suffi- 
 cient surety, in such sum as he deems reasonable, the circumstances of 
 
LAW BULLETIN 311 
 
 the prisoner and the nature of the offense charged, considered, condi- 
 tioned for his appearance at the court where the offense is properly 
 cognizable. The judge forthwith shall certify his proceedings, together 
 with any recognizance, to the proper court. If the person charged fails 
 to give such recognizance he shall be committed to prison by the judge. 
 (29 v. 164.) 
 
 SECTION 12179. When prisoner must be committed. If it appear 
 that the prisoner was committed by a judge or justice, and is plainly 
 and specifically charged in the warrant of commitment with a felony 
 the punishment whereof is capital, he shall not be removed, discharged, 
 or bailed. (29 v. 164.) 
 
 SECTION 12180. When the return is evidence, and when only a plea. 
 If it appears that the prisoner is in custody under a warant or commit- 
 ment in pursuance of law, the return shall be prima facie evidence of 
 the cause of detention. If he is restrained of his liberty by alleged 
 private authority, the return of the writ shall be considered only as a 
 plea of the facts therein set forth, and the party claiming the custody 
 shall be held to make proof of such facts. Upon the final disposition 
 of a case, the court or judge shall make such order as to costs as it re- 
 quires. (45 v. 45.) 
 
 SECTION 12181. Penalty upon clerk for refusal to issue the writ. 
 If a clerk of a court refuses to issue the writ, after allowance thereof 
 and demand therefor, he shall forfeit to the party aggrieved the sum of 
 five hundred dollars. (29 v. 164.) 
 
 SECTION 12182. Penalty for disobeying the writ. A person to whom 
 a writ is directed, who neglects or refuses to obey or make return of it 
 according to the command thereof, or makes a false return, or who, 
 upon demand made by the prisoner, or any person on his behalf, refuses 
 to deliver to the person demanding, within six hours after demand there- 
 for, a true copy of the warrant of commitment and detainer of the 
 prisoner, for the first offense, shall forfeit to the party aggrieved two 
 hundred dollars, and, for the second offense, four hundred dollars, and 
 if an officer, shall be incapable of holding his office. (29 v. 164.) 
 
 SECTION 12183. Persons at large upon the writ not to be again 
 imprisoned. A person who is set at large upon a writ shall not be again 
 imprisoned for the same offense, unless by the legal order or process of 
 the court wherein he is bound by recognizance to appear, or other court 
 having jurisdiction of the cause or offense. A person who knowingly, 
 contrary to the provisions of this chapter, recommits or imprisons, or 
 causes to be recommitted or imprisoned, for the same offense, or pre- 
 tended offense, a person so set at large, or knowingly aids or assists 
 therein, shall forfeit to the party aggrieved five hundred dollars, not- 
 withstanding any colorable pretense or variation in the warrant or 
 commitment. (29 v. 164.) 
 
 SECTION 12184. Prisoner not to be removed from custody of one 
 officer to another, unless, etc. A person committed to prison, or in 
 custody of an officer for a criminal matter, shall not be removed there- 
 from into the custody of another officer, unless by legal process, or the 
 
312 DEPARTMENT OF PUBLIC WELFARE 
 
 prisoner be delivered to an inferior officer to carry to jail, or, by order 
 of the proper court, be removed from one place to another within the 
 state for trial, or in case of fire, infection, or other necessity. A person 
 who, after such commitment, makes, signs, or countersigns a warrant 
 for such removal contrary to this section, shall forfeit to the party ag- 
 grieved five hundred dollars. (29 v. 164.) 
 
 SECTION 12185. No person to be sent out of state. No person shall 
 be sent prisoner to a place out of this state for a crime or offense com- 
 mitted within it. (65 v. 165.) 
 
 SECTION 12186. A person so transported may have an action. A 
 person so imprisoned may maintain an action for false imprisonment, 
 against the person by whom he was so imprisoned or transported, and 
 against a person who contrives, writes, signs, seals, or countersigns a 
 writing for such imprisonment or transportation, or aids or assists in 
 it, or against any of them. (65 v. 165.) 
 
 SECTION 12187. Record of writs; error, etc. The proceedings upon 
 a writ of habeas corpus must be recorded by the clerks respectively, and 
 may be reviewed on error as in other cases. (45 v. 45.) 
 
 SECTION 12188. Actions for penalties, and limitations. The penal- 
 ties in this chapter provided may be recovered by the party aggrieved, 
 his executors or administrators, against the offender, his executors or 
 administrators, by civil action in a court having cognizance thereof. No 
 action shall be brought for any offense against the provisions of this 
 chapter after two years after the offense is committed, except in cases 
 of imprisonment of the party aggrieved, when action may be brought 
 within two years after his delivery out of prison, or after his decease, 
 if he die in prison. (29 v. 164.) 
 
 SECTION 12189. Fees and costs. The fees of officers and witnesses 
 shall be taxed by the judge, on return of the proceedings on the writ, 
 and collected as a part of the original costs in the case. When the 
 prisoner is discharged, the costs shall be taxed to the state, and paid 
 out of the county treasury, upon the warrant of the county auditor. 
 No officer or person shall demand payment in advance of any fees which 
 he is entitled to by virtue of the proceedings, when the writ is demanded 
 or issued for the discharge from custody of a person confined under 
 color of proceedings in a criminal case. When a person in custody by 
 virtue or under color of proceedings in a civil case is discharged, costs 
 shall be taxed against the party at whose instance he was so in custody. 
 If he be remanded to custody, costs shall be taxed against him. (45 
 v. 45.) 
 
 SECTION 12426. Abducting inmates from state institutions. Who- 
 ever abducts, an inmate of a benevolent, penal or reformatory institu- 
 tion shall be imprisoned in the penitentiary not less than one year nor 
 more than five years. (97 v. 306.) 
 
 SECTION 12463. Purchasing clothing of inmates of public institu- 
 tions. Whoever, with intent to defraud, purchases, accepts as a gift or 
 secures by barter, trade or otherwise, an article of clothing from an in- 
 mate of a state benevolent, penal or reformatory institution, issued to 
 
LAW BULLETIN 313 
 
 such inmate by an officer of such institution for his use, or, with such 
 intent, secures any other article belonging to such institution or to an 
 inmate thereof, shall be fined not less than double the value of such 
 article and in no case less than twenty-five dollars. (89 v. 40, 97 v. 307.) 
 
 OFFENSES AGAINST MINORS 
 (See Sections 12960-12992.) 
 
 SECTION 12423-1. Assault upon female child under fourteen years; 
 penalty. Whoever, being a male person over the age of eighteen years 
 shall assault a female child under the age of fourteen years, and shall 
 wilfully take indecent and improper liberties with the person of such 
 child, without committing or intending to commit the crime of rape upon 
 such child, or wilfully make improper exposures of his person in the 
 presence of such child, shall be deemed guilty of felonious assualt, and 
 on conviction thereof shall be fined not more than one thousand dollars, 
 or imprisoned in the penitentiary not more than ten years, or both such 
 fine and imprisonment, in the discretion of the court. (109 v. 45.) 
 
 SECTION 12428. Torturing or unlawfully punishing another. Who- 
 ever tortures, torments, cruelly or unlawfully punishes another, or wil- 
 fully and negligently deprives him of necessary food, clothing or shelter, 
 shall be fined not less than ten dollars nor more than two hundred dol- 
 lars, or imprisoned not more than six months, or both. (95 v. 273.) 
 
 SECTION 12655. Nuisances when near state institutions. Whoever 
 carries on the business of slaughtering, tallow chandlery or manufac- 
 turing glue, soap, starch or other article, the manufacture of which is 
 productive of unwholesome or noxious odors in a building or place 
 within one mile of a benevolent, penal or reformatory institution sup- 
 ported wholly or in part by the state, or erects or operates within one 
 hundred and twenty rods of such benevolent institution or within four 
 hundred feet of the administration department of such penal or reforma- 
 tory institution, a rolling mill, blast furnace, nail factory, copper smelt- 
 ing works, petroleum oil refinery or other works which may generate 
 unwholesome or noxious odors or make loud noises, or which may annoy 
 or endanger the health or prevent the recovery of the inmates of such 
 institution, shall be fined not less than one hundred dollars nor more 
 than five hundred dollars, and each week such business is so conducted, 
 or works so operated, shall constitute a separate offense. (95 v. 592.) 
 
 DECEASED INMATES 
 (See Sections 3496; 9984-9989) 
 
 SECTION 12689. Refusal to deliver corpse. Whoever, being a super- 
 intendent of a city hospital, city or county infirmary, workhouse, asylum 
 for the insane, or other charitable institution founded and supported 
 in whole or in part at public expense, coroner, infirmary director, sheriff, 
 or township trustee, fails to deliver a body of a deceased person when 
 applied for, in conformity to law, or charges, receives or accepts money 
 
314 DEPARTMENT OF PUBLIC WELFARE 
 
 or other valuable consideration for such delivery, shall be fined not less 
 than twenty-five dollars nor more than one hundred dollars or imprisoned 
 not more than six months. (938 v. 84.) 
 
 SECTION 12692. Detention of corpse. Whoever detains a corpse, 
 claimed by relatives or friends for interment at their expense, shall be 
 fined not less than twenty-five dollars nor more than one hundred dol- 
 lars or imprisoned not more than six months. (93 v. 84.) 
 
 BUTTER AND CHEESE 
 
 SECTION 12754. Use of imitation butter or cheese at public institu- 
 tions. Whoever in a charitable or penal institution of the state, having 
 charge of the purchase of butter or cheese, knowingly purchases any 
 butter or cheese which is not made wholly from pure milk or cream, salt 
 and harmless coloring matter, and permits it to be used in such insti- 
 tution, shall be fined not less than fifty dollars nor more than two hun- 
 dred dollars, and, for each subsequent offense, shall be fined not less 
 than one hundred dollars nor more than five hundred dollars and im- 
 prisoned not less than ten days nor more than ninety days. (83 v. 178.) 
 
 INFANTILE BLINDNESS 
 (See Sections 1248-1 et. seq.) 
 
 SECTION 12787. Failure to report infant with diseased eyes. Who- 
 ever, being a midwife, nurse or relative in charge of an infant less than 
 ten days old, fails, within six hours after the appearance thereof, to 
 report in writing to the physician in attendance upon the family, or if 
 there be no such physician, to a health officer of the city, village or 
 township in which such infant is living, or, in case there be no such 
 officer, to a practitioner of medicine legally qualified to practice, that 
 such infant’s eye is inflamed or swollen or shows an unnatural discharge, 
 if that be the fact, shall be fined not less than five dollars nor more than 
 one hundred dollars or imprisoned not less than thirty days nor more 
 than six months, or both. (91 v. TDs) 
 
 SECTION 12789. Violating law relating to maternity boarding-houses 
 and lying-in hospitals. Whoever violates any provisions of law relating 
 to the establishment, maintenance and inspection of maternity boarding- 
 houses and lying-in hospitals, shall be fined not more than three hundred 
 dollars. See Sections 6259 to 6277. (101 v. 121.) 
 
 SECTION 12789-1. Violating law relative to placing of children. 
 Whoever violates any of the provisions of section 1352-12, 1352-13 or 
 1352-14 of the General Code, shall be fined not more than three hundred 
 dollars or imprisoned not more than three months, or both fined and 
 imprisoned. Each act of violation shall be considered a separate offense 
 and it shall be the duty of the division of charities, department of publie 
 welfare to enforce the provisions of this act. (110 v. 267.) 
 
LAW BULLETIN 315 
 
 PENAL INSTITUTIONS—MISCELLANEOUS PROVISIONS 
 
 SECTION 12833, Aiding or inducing convicts to escape. Whoever 
 aids, induces or attempts to induce a convict to escape or attempt to 
 escape from the penitentiary, shall be imprisoned in the penitentiary 
 for a term not exceeding that for which such convict was committed; 
 and whoever aids or assists a person, lawfully confined in a jail or 
 other place of confinement, to escape or attempt to escape therefrom, 
 shall be fined not less than fifty dollars nor more than five hundred 
 dollars or imprisoned not more than ninety days, or both. (68 v. 9.) 
 
 SECTION 12834. Influencing officer to permit an escape. Whoever, 
 by persuasion, artifice or other means, except by bribery or corrupt 
 promises, attempts to influence an officer or other person charged with 
 the custody of a prisoner accused or convicted of a criminal offense, to 
 permit such prisoner to escape, shall be fined not more than two hundred 
 dollars and imprisoned not more than thirty days. (R. S. Sec. 6904.) 
 
 SECTION 12835. Conveying articles into prison to aid an escape. 
 Whoever conveys or attempts to convey into the penitentiary, a jail or 
 other place of confinement, anything to effect the escape of a prisoner 
 lawtully detained therein for a felony and with intent thereby to facili- 
 tate the escape oz such prisoner, shall be imprisoned in the penitentiary 
 not less than two years nor more than three years, or, if he be detained 
 for a misdemeanor, shall be fined not less than fifty dollars nor more 
 than five hundred dollars or imprisoned not more than three months, 
 Orecobie (97) v91205) 
 
 SECTION 12836. Conveying intoxicating liquors or drugs into prison. 
 Whoever conveys or attempts to convey into the penitentiary, a jail or 
 other place of confinement where a person is lawfully detained, intoxica- 
 ting liquor or a stimulating sedative or narcotic medicine, such as co- 
 caine, opium, chloral, chloroform or ether, except in accordance with 
 the rules of such penitentiary, jail or other place of confinement, and 
 upon written prescription of the regular appointed physician thereof, 
 shall be fined not less than ten dollars nor more than one hundred dol- 
 lars or imprisoned not more than one year, or both. (97 v. 120.) 
 
 SECTION 12837. Conveying letters, etc., into or from prison. Who- 
 ever conveys or attempts to convey into the penitentiary or a jail, con- 
 trary to the rules of such prison a letter or other missive intended for 
 a prisoner lawfully confined therein or conveys from within the enclos- 
 ure to the outside of the penitentiary or jail, contrary to the rules of 
 such prison, a letter or other missive, written or given by a prisoner 
 lawfully detained therein, unless the warden of the penitentiary or the 
 sheriff having charge of such jail has given his written consent, shall 
 be fined not less than twenty-five dollars nor more than one hundred 
 dollars or imprisoned not more than ninety days, or both, (97 v. 120.) 
 
 SECTION 12838. Enticing inmates to escape from state institutions; 
 harboring fugitive inmates. Whoever persuades, induces, entices, or 
 attempts to persuade, induce or entice an inmate of a state benevolent, 
 penal or reformatory institution to escape therefrom, or conceals 
 or harbors such inmate, knowing him to have escaped therefrom, 
 
316 DEPARTMENT OF PUBLIC WELFARE 
 
 shall be fined not less than twenty dollars nor more than one hundred 
 dollars. (97 v. 307.) 
 
 SECTION 12838-1. Soliciting money or thing of value from person 
 confined in penal institution, unlawful. Whoever, directly or indirectly, 
 procures, solicits with intent to procure, or extorts any money or other 
 thing of value of any person, or persons, confined in any penitentiary, 
 jail, workhouse, calaboose, or other penal or correctional institution 
 within this state, or in the custody of any officer of the law, or from 
 any other person or persons, for or in behalf of one so confined or in 
 custody, upon or by virtue of any offer, promise or agreement, verbal 
 or written, to secure, or attempt to secure for such person or persons 
 so confined, a release or discharge therefrom, or a pardon, parole or 
 modification of sentence, unless originally requested so to do by such 
 person or persons so confined, shall be fined not exceeding five hundred 
 dollars, or imprisoned in the county jail or workhouse not exceeding 
 six months, or both. (103 v. 93.) 
 
 SECTION 12839. Trespassing upon grounds of state institutions; 
 communicating with inmates. Whoever trespasses or loiters upon the 
 grounds of a state benevolent, penal or reformatory institution, or com- 
 municates or attempts to communicate by signal, signs, writing or other- 
 wise with an inmate of such institution, or conveys, or assists in estab- 
 lishing communication between an inmate of such institution and a per- 
 son outside thereof, except as authorized by the rules and regulations of 
 the board of managers or trustees thereof, shall be fined not more than 
 ten dollars or imprisoned not more than ten days, or both. (97 v. 307.) 
 
 SECTION 12849. Jailer permitting jail to become unclean; dealing 
 strictly with prisoner. Whoever, being a sheriff, jailer or other person 
 having the care and custody of a jail, permits it to become foul or un- 
 clean so that the health of a prisoner may be endangered, or permits a 
 prisoner to be dealt with less strictly than intended by his sentence, shall 
 be fined not more than one hundred dollars. (29 v. 144.) 
 
 SECTION 12856-1. Penalty for depriving accused persons of counsel. 
 Whoever, having charge of a county jail, or a municipal jail, prison or 
 station-house, in which jail, prison or station-house, any person sus- 
 pected or accused or charged with the commission of a crime or offense, 
 is imprisoned or confined, refuses, upon the request of such person, or 
 any relative of such person, to permit such person to consult or in any 
 way prevents or attempts to prevent such person, from consulting pri- 
 vately at any reasonable and proper hour, with any attorney-at-law, duly 
 admitted to practice in this state, for the purpose of enabling such per- 
 son to employ such attorney-at-law, or with any attorney-at-law duly 
 admitted to practice in this state and employed by such person, shall 
 be guilty of a misdemeanor, and shall, on conviction, be fined not less 
 
 than twenty-five dollars nor more than one hundred dollars. (106 v. 
 208.) 
 
 SECTION 12886. Neglect by jailer. Whoever, having charge of a 
 county jail, neglects or refuses to obey or conform to a rule or regu- 
 lation lawfully prescribed by the court of common pleas for the man- 
 
LAW BULLETIN 317 
 
 agement and regulation of such jail, or omits or neglects to perform 
 a lawful duty in respect thereto, shall be fined not less than five dollars 
 nor more than one hundred dollars. (41 v. 74.) 
 
 OFFICIALS OF O. S. & S. O. HOME 
 PENALTY FOR CONVERTING PROPERTY TO OWN USE 
 
 SECTION 12884. Officials at soldiers’ orphans’ home converting or 
 concealing property. Whoever, being a trustee, superintendent, clerk, 
 physician, or matron at the Ohio soldiers’ and sailors’ orphans’ home, 
 conceals or converts to his or her own use, money or other property of 
 the value of thirty-five dollars or more belonging to such institution or 
 to the state, or cheats or attempts to cheat or collude with other per- 
 sons to cheat or defraud such institution or the state, shall be imprison- 
 ed in the penitentiary not less than one year nor more than ten years. 
 CI6r7. P71.) 
 
 CONTRACTS 
 PUBLIC EMPLOYEE MAY NOT BE INTERESTED IN 
 
 SECTION 12910. Officer or agent interested in contracts. Whoever, 
 holding an office of trust or profit by election or appointment, or as 
 agent, servant or employe of such officer or of a board of such officers, 
 is interested in a contract for the purchase of property, supplies or fire 
 insurance for the use of the county, township, city, village, board of 
 education or a public institution with which he is connected, shall be 
 imprisoned in the penitentiary not less than one year nor more than 
 ten years. (R. S. Sec. 6969.) (94 v. 391.) 
 
 SECTION 12911. Same as to other contracts. Whoever, holding an 
 office of trust or profit, by election or appointment, or as agent, servant 
 or employe of such officer or of a board of such officers, is interested 
 in a contract for the purchase of property, supplies or fire insurance 
 for the use of the county, township, city, village, board of education or 
 a public institution with which he is not connected, and the amount of 
 such contract exceeds the sum of fifty dollars, unless such contract is 
 let on bids duly advertised as provided by law, shall be imprisoned in 
 the penitentiary not less than one year nor more than ten years. (94 
 v. 391.) 
 
 SECTION 12913. Official of soldiers’ home interested in contract. 
 Whoever, being a trustee, superintendent, clerk, physician or matron 
 at the Ohio soldiers’ and sailors’ orphans’ home, is interested in a con- 
 tract for the purchase of building materials, furniture, supplies or 
 provisions for the use of the institution, or for a building or improve- 
 ment thereon, shall be imprisoned in the penitentiary at hard labor not 
 less than one year nor more than ten years. (76 vy. 171.) 
 
 SECTION 12923. State officials creating deficiencies. Whoever, being 
 a trustee, manager, director, or superintendent of a public institution 
 of the state, or an officer of a department of the state, creates a defi- 
 
318 DEPARTMENT OF PUBLIC WELFARE 
 
 ciency, incurs a liability or expends a greater sum of money than is ap- 
 propriated by the general assembly for the use of such public institu- 
 tion or department in any one year, shall be individually liable therefor, 
 and shall be fined not more than one thousand dollars and for each 
 subsequent offense shall be fined two thousand dollars. (86 v. 76.) 
 
 SECTION 12933. Refusing to permit inspection of certain institutions. 
 Whoever refuses to permit, or interfers with the inspection of a public 
 or private hospital, reformatory, house of detention, private asylum, or 
 institution exercising or pretending to exercise a reformatory or correc- 
 tional influence over its inmates, by the county commissioners of the 
 county in which such institution is situated or the board of health of 
 the municipality in which it is situated, shall be fined not less than 
 twenty-five dollars or imprisoned for six months, or both, and for each 
 subsequent offense shall be fined not less than one hundred dollars and 
 imprisoned for six months. (92 v. 212.) 
 
 OFFENSES AGAINST MINORS 
 
 SECTION 12960. Buying intoxicating liquors for minors. Whoever 
 buys intoxicating liquor for, or furnishes it to a minor to be drunk by 
 him, unless given by a physician in the regular line of practice, shall 
 be fined not less than ten dollars nor more than one hundred dollars or 
 imprisoned not less than ten days nor more than thirty days, or both. 
 (63 v. 149.) 
 
 SECTION 12961. Selling liquor to minors. Whoever sells intoxicat- 
 ing liquor to a minor, except on the written order of his parent, guardian 
 or family physician, shall be fined not less than twenty-five dollars nor 
 more than one hundred dollars and imprisoned not less than five days 
 nor more than thirty days. (83 v. 161.) 
 
 SECTION 12962. Permitting minors to play pool or billiards. Who- 
 ever, being the owner or keeper of a billiard saloon, or the owner or 
 keeper of a billiard table at any other public place, permits a minor under 
 the age of eighteen years to play billiards or pool, or be and remain in 
 such saloon or other public place, shall be fined twenty dollars, and for 
 each subsequent offense shall be fined fifty dollars. (83 v. 202.) 
 
 SECTION 12963. Billiard table liable. For the fine and costs in a 
 prosecution under the next preceding section, the billiard table and 
 fixtures shall be liable on execution without exemption. (83 v. 202.) 
 
 SECTION 12964. Enticing minor to play for money, etc. Whoever 
 entices a minor to engage in a game for money or other valuable thing, 
 or makes a wager with a minor upon the result of a game, or permits 
 a minor to play a slot machine, or other gambling device for wares or 
 merchandise or any other thing of value, shall be fined not less than 
 fifty dollars nor more than two hundred dollars or imprisoned not less 
 than three months nor more than one year. (103 v. 906.) 
 
 SECTION 12965. Selling, giving or furnishing cigarettes, etc., cigar 
 
 or tobacco to minor. Whoever sells, gives or furnishes to a person under 
 eighteen years of age a cigarette, cigarette wrapper or substitute for 
 
LAW BULLETIN . 319 
 
 either, or a cigar or tobacco, shall be fined not less than twenty-five 
 dollars nor more than one hundred dollars or imprisoned not less than 
 two days nor more than thirty days, or both, and for each subsequent 
 offense, shall be fined not less than fifty dollars nor more than three 
 hundred dollars and imprisoned not less than five days nor more than 
 sixty days. (101 v. 133.) 
 
 SECTION 12966. Unlawful to sell toy pistols to minors under six- 
 teen years. Whoever sells or exhibits for sale, to a minor under sixteen 
 years of age, a pistol manufactured of a metallic or hard substance, com- 
 monly known as a “toy pistol” or air-gun, or any form of explosive gun, 
 shall be fined not less than ten dollars nor more than fifty dollars or 
 imprisoned not less than ten days nor more than twenty days, or both, 
 and be liable in damages to any person injured by such sale. (103 
 v. 906.) 
 
 SECTION 12967. Selling fire-arms or air-guns to minors under seven- 
 teen years. Whoever sells, barters, furnishes or gives to a minor under 
 the age of seventeen years, an air-gun, musket, rifle, shotgun, revolver, 
 pistol or other fire-arm, or ammunition therefor, or, being the owner 
 or having charge or control thereof knowingly permits it to be used by a 
 minor under such age, shall be fined not more than one hundred dollars 
 or imprisoned in jail not more than thirty days, or both. (103 v. 906.) 
 
 SECTION 12968. Employing children under fourteen years in shows, 
 etc. Whoever takes, receives, hires, employes, uses, exhibits, sells, 
 apprentices, gives away, lets out or otherwise disposes of a child, under 
 the age of fourteen years for or in the vocation, occupation, service or 
 purpose of singing, playing on musical instruments, rope or wire walk- 
 ing, dancing, taking any part in, or appearing in connection with a 
 moving picture exhibition or performance given in a theatre or place of 
 public amusement, begging or peddling or as a gymnast, contortionist, 
 rider or acrobat, or for an obscene, indecent or immoral purpose, exhibition 
 or practice, or for or in a business exhibition or vocation injurious to 
 the health or dangerous to the life or limb of such child or causes, pro- 
 cures or encourages such child to engage therein, or causes or permits such 
 child to suffer or inflicts upon it unjustifiable physical pain or mental suf- 
 fering, or has such child in custody for any of such purposes, shall be fined 
 not more than two hundred dollars or imprisoned not more than six 
 months, or both. (103 v. 906.) 
 
 SECTION 12969. Exceptions. Section 12968 of the General Code 
 shall not apply to or affect the taking part without remuneration of 
 such child with the consent of its parents or guardian in a church, or 
 any school or academy, or at a concert or entertainment given for char- 
 itable purposes, or by a church or any school, academy, charitable, 
 eleemosynary or religious institution. (102 v. 413.) 
 
 SECTION 12970. Torturing or neglecting children. Whoever, having 
 the control of or being the parent or guardian of a child under the age 
 of sixteen years, wilfully abandons such child, or tortures, torments, or 
 cruelly or unlawfully punishes it, or wilfully, unlawfully or negligently 
 fails to furnish it necessary and proper food, clothing or shelter, shall be 
 i BeSigeal 
 
320 DEPARTMENT OF PUBLIC WELFARE 
 
 fined not less than ten dollars nor more than two hundred dollars or im- 
 prisoned not more than six months, or both. See Sections 1655 and 
 18008. (95 v. 273.) 
 
 SECTION 12970-1. Workhouse provisions; payments to trustee for 
 child. When such person is convicted, sentenced and confined in a work- 
 house, the county form which he is so convicted, sentenced and con- 
 fined, upon the warrant of the county auditor of such county, and out 
 of the general revenue fund thereof, shall pay monthly fifty cents (50c) 
 for each day he is so confined, to a trustee to be appointed by the court 
 imposing such sentence, to be expended for the maintenance of such 
 child or children under sixteen years of age. (103 v. 907.) 
 
 SECTION 12970-2. Humane society may be appointed trustee. Any 
 humane society incorporated and existing under the laws of this state, 
 or any other suitable person, being willing to render such services with- 
 out compensation, may be appointed by the court as such trustee for the 
 benefit of such child or children. The court may require such trustee to 
 ‘enter into a good and sufficient bond for the faithful performance of the 
 duties so imposed. When a person is sentenced and confined in a work- 
 house as herein provided, the name and postoffice address of the trustees 
 so appointed by the court shall appear in the mittimus. (101 v. 233.) 
 
 SECTION 12971. Prosecution under two preceding sections. If 
 prosecution under either the next preceding section or section twelve 
 thousand nine hundred and sixty-eight, is instituted by an incorporated 
 society for the prevention of cruelty to animals, the fines collected there- 
 by shall be paid to such society; otherwise fines collected under such 
 sections shall be paid to any society so incorporated. (81 v. 184.) 
 
 SECTION 12972. Preventing the employment of children in certain 
 occupations. Whoever wilfully causes or permits the life or limb of a 
 child under the age of sixteen years to be endangered, its health to be 
 injured or its morals to become depraved, from and while actually in 
 his employ, or wilfully permits such child to be placed in such a position 
 or engage in employment whereby its life or limb is in danger, its health 
 likely to be injured or its morals likely to be impaired or depraved shall 
 be fined not less than ten dollars nor more than fifty dollars or imprison- 
 ed not less than thirty days nor more than ninety days. (87 v. 161.) 
 
 SECTION 12973. State inspector of workshops. The state inspector 
 of workshops and factories shall enforce the provisions of the next pre- 
 ceding section. (87 v. 161.) 
 
 SECTION 12974. Failure to send child to school; penalty. Whoever 
 being a parent, guardian or other person having care of a child of com- 
 pulsory school age violates any of the provisions of sections 7762, 7762-5, 
 7763, 7765-1 7773 or 7773-1, General Code, shall upon conviction be fined 
 not less than five dollars and not more than twenty dolars, or the court 
 may in its discretion require the person so convicted to give bond in the 
 sum of one hundred dollars with sureties to the approval of the court, 
 conditioned that he will cause the child under his charge to attend upon 
 instruction as provided by law, and remain as a pupil in the school or 
 class during the term prescribed by law; and upon the failure or refusal 
 
LAW BULLETIN 321 
 
 of any such parent, guardian or other person to pay said fine and costs or 
 furnish said bond according to the order of the court, then said parents, 
 guardian or other person shall be imprisoned in the county jail not less 
 than ten days nor more than thirty days. (109 v. 396.) 
 
 SECTION 12975. Violation of other statutes. Nothing in the pre- 
 ceding section shall be construed as relieving from prosecution and con- 
 viction any such parent, guardian or other person upon further violation 
 of the statutes named therein; nor shall forfeiture of the bond named 
 therein, if required, be construed as relieving such person from prosecu- 
 tion and conviction upon further violation of the statutes named therein.. 
 (109 v. 396.) 
 
 SECTION 12976. Employing minors during school session require-- 
 ments. Whoever employs a minor under eighteen years of age before 
 exacting from such minor the age and schooling certificate, or age and 
 pre-employment card required by law, or fails to keep such certificate: 
 or card on file, or fails to return to the superintendent of schools or his: 
 authorized representative such certificate or card or give notice of the 
 non-use thereof within two days from such minor’s withdrawal or dis- 
 missal from his service, or continues to employ a minor under eighteen 
 years of age after his age and schooling certificate or card is void, or 
 refuses to permit an attendance officer or other person mentioned in 
 section 7765, General Code, to examine such certificate or card, or re- 
 fuses to permit such attendance officer or person to observe the con- 
 ditions under which minors under eighteen years of age are employed, 
 or refuses to permit under reasonable regulations such attendance offi- 
 cer or persons to make inquiry of minors or persons supposed by such 
 officer or persons to be under eighteen years of age in regard to matters 
 pertaining to their age, employment or schooling, shall upon conviction 
 be fined not less than twenty dollars, nor more than fifty dollars. (109 
 v. 397.) 
 
 SECTION 12977. Violations by officer or agent of corporation. Who- 
 ever, being an officer or agent of a corporation, participates or acquiesces 
 in any violation of law relating to compulsory education or employment 
 of minors shall upon conviction be fined not less than twenty dollars, 
 nor more than fifty dollars. (109 v. 397.) 
 
 SECTION 12978. Failure to produce certificate prima facie evidence 
 of illegal employment. Failure to produce for lawful inspection the 
 age and schooling certificate or card as provided by law or the record 
 as provided in section 12998, General Code, shall be prima facie evidence 
 of the illegal employment or service of the child whose certificate or 
 card is not so produced or whose record is not so correctly kept. (109 
 v. 397.) 
 
 SECTION 12979. Neglect or failure to issue certificate; penalty. 
 Any person charged by law with issuance of age and schooling certi- 
 ficates who fails or refuses upon request to issue such certificate or age 
 and pre-employment card or overage certificate in conformity to law, or 
 who issues such certificate or age and pre-employment card or overage 
 certificate contrary to any of the provisions of the laws relating to the 
 
322 DEPARTMENT OF PUBLIC WELFARE 
 
 issuance of such certificates or cards, shall upon conviction be fined not 
 less than twenty nor more than fifty dollars. (109 v. 397.) 
 
 SECTION 12980. School officer neglecting or refusing to perform 
 duty; penalty. Whoever, being an officer of a board of education or a 
 superintendent, principal or teacher of a public, private or parochial 
 school or a juvenile examiner refuses or neglects to perform a duty im- 
 posed upon him by the laws relating to compulsory education and the 
 issuance of age and schooling certificates or declines to give the infor- 
 mation necessary for the execution of these laws shall upon conviction 
 be fined not less than twenty nor more than fifty dollars. Continued 
 refusals to perform the duties or give the information shall constitute 
 additional violations of the statutes relating to compulsory education 
 and the issuance of age and schooling certificates. (109 v. 397.) 
 
 SECTION 12981. Courts having jurisdiction. Mayors, justices of the 
 peace, police judges and judges of juvenile courts shall have final juris- 
 diction to try the offenses described in the seven next preceding sections. 
 When complaint is made against a corporation for violating any pro- 
 vision of such sections, summons shall be served, appearance made, or 
 plea entered as provided by law in cases when an indictment is pre- 
 sented against a corporation, except in complaints before magistrates, 
 when service may be made by the constable. In other cases process shall 
 ‘be served and proceedings had as in cases of misdemeanor. (109 v. 398.) 
 
 SECTION 12982. Disposition of fines. Fines collected under the pro- 
 visions of the eight sections next preceding shall be paid into the funds 
 of the city, exempted village, village or rural school district in which 
 the offense was committed. (109 v. 398.) 
 
 SECTION 12982-1. Who shall file complaint. The attendance officer 
 vr any inspector of the industrial commission of Ohio shall when a viv- 
 lation of section 12976, 12977, 12978, 12979 or 12980, General Code, comes 
 to his attention make complaint against the person or employer violating 
 it in any court having jurisdiction. (109 v. 398.) 
 
 SECTION 12983. Permitting child to leave jurisdiction of court; 
 penalty. Any parent, guardian or other person in charge of a child of 
 compulsory school age as defined in section 7763, General Code, who af- 
 ter a complaint made against such parent, guardian or other person in 
 charge of the child or against the child himself, under a law relating to 
 compulsory education, before a court of competent juridiction, and before 
 such complaint is heard causes or permits such child to leave the terri- 
 tory under the jurisdiction of the court, shall upon conviction be fined 
 not less than fifty nor more than two hundred dollars or be imprisoned 
 in jail for not less than ten nor more than sixty days or both. (109 
 v. 398.) 
 
 SECTION 12984. Penalty for subsequent violation. Whoever having 
 been convicted of a violation of any provision of law relating to compul- 
 sory education or the employment of minors again violates such pro- 
 vision shall upon conviction, unless a penalty for second or subsequent 
 violation of the given provision is elsewhere specifically provided by lax, 
 be punished for the second offense by a fine of not less than twenty nor 
 
LAW BuUutETIN 323 
 
 more than two hundred dollars or by imprisonment for not more than 
 thirty days or by both such fine and imprisonment; for a third or other 
 subsequent offense by a fine of not less than thirty nor more than five 
 hundred dollars or by imprisonment for not more than sixty days or by 
 both such fine and imprisonment. (109 v. 398.) 
 
 SECTION 12985. Trial by jury in such cases. On complaint before 
 a mayor, justice of the peace or police judge of such a second or fur- 
 ther violation of a law relating to compulsory education or the emplvy- 
 ment of minors, if a trial by jury is not waived, a jury shall be chosen 
 and proceedings had therein as provided by law in cases of violation of 
 the laws for the prevention of cruelty to animals and children. (109 
 v. 398.) 
 
 SECTION 12986. Costs in certain prosecutions. N _-erson or officer 
 instituting proceedings under any of the thirteen sections next preced- 
 ing shall be required to file or give security for the costs. If a defendant 
 is acquitted or if convicted and committed to jail in default of payment 
 of fine and costs, the justice, mayor, police ‘udge or judge of the juve- 
 nile court before whom such case was brvuuzht shall certify such costs 
 to the county auditor, who shall examine the amount and if necessary 
 ‘correct it, and issue his warrant on the county treasurer in favor of the 
 respective persons to whom such costs are due for the amount due to 
 each. (109 v. 399.) 
 
 SECTION 12987. False statement as to age when seeking employ- 
 ment; penalty. Any person who when engaging to be employed or seek- 
 ing employment states falsely his age for the purpose of evading any 
 law relating to the employment of minors or females under the age of 
 twenty-one years shall upon conviction be punished by a fine of not less 
 than twenty nor more than fifty dollars or by imprisonment for not 
 more than thirty days; provided, however, that if the minor is under 
 eighteen years of age a charge shall be brought against him in the 
 juvenile court as a delinquent child. (109 v. 399.) 
 
 SECTION 12988. , False oath as to being 21 years of age; penalty. 
 If a person between eighteen and twenty-one years of age falsely makes 
 oath that he is twenty-one years of age or above when engaging to be 
 employed or seeking employment the employer shall be exempt from the 
 operation of section 6245-2, General Code, in respect to that person. (109 
 Vv. 399.) 
 
 SECTION 12989. Withholding wages due a minor. Whoever, being a 
 person, officer or agent of a company or corporation doing business in 
 this state, retains or withholds from a minor in his employ the wages 
 or compensation, or a part thereof agreed to be paid and due such minor 
 for work performed or services rendered, because of presumed negligence 
 or failure to comply-with rules, breakage of machinery or alleged in- 
 competence to produce work or perform labor according to any standard 
 of merit, shall be fined not more than two hundred dollars or imprisoned 
 ‘in the county jail not more than six months, or both. (90 v. 55.) 
 
 SECTION 12990. Guarantee to secure employment for minor. Who- 
 ever, being a person, officer or agent of a company or corporation, re- 
 
324 DEPARTMENT OF PUBLIC WELFARE 
 
 ceives a guarantee, bonus money deposits or other form of security to 
 obtain or secure employment for a minor or to insure faithful perform- 
 ance of labor, guarantee strict observance of rules or make good losses 
 which may be charged to such minor’s incompetence, negligence or in- 
 ability, shall be fined not more than two hundred dollars or imprisoned 
 in the county jail not more than six months, or both. (90 v. 56.) 
 
 SECTION 12991. Agreement as to employment of minor. Whoever, 
 being a person, officer or agent of a company or corporation, gives em- 
 ployment to a minor, without agreeing with him as to the wages or com- 
 pensation he shall receive for each day, week, month or year, or per 
 piece, for work performed and with furnishing such minor with writ- 
 ten evidence of such agreement and on or before each pay-day, with a 
 statement of the earnings due and the amount thereof to be paid to him 
 or changes the wages or compensation of a minor without giving him 
 notice thereof at least twenty-four hours previous to its going into ef- 
 fect, when a written agreement, thereof shall be given to such minor as 
 for an original employment, shall be fined not more than two hundred 
 dollars or imprisoned in the county jail not more than six months, or 
 both. (95 v. 59.) 
 
 SECTION 12992. Preceding sections enforced. The inspector of 
 workshops and factories shall enforce the provisions of the next three 
 preceding sections. (90 v. 56.) 
 
 SECTION 12993. Regulating the employment of minors in factories, 
 etc. No child under sixteen years of age shall be employed, permitted 
 or suffered to work in or about any (1) mill, (2) factory, (3) workshop, 
 (4) oil well or pumping station, (5) cannery or bottling or preserving 
 establishment, (6) mercantile or mechanical establishment, (7) tene- 
 ment house, (8) garment making or dress making or millinery 
 establishment or working room, (9) store, (10) office, (11) office 
 building, (12) laboratory, (18) restaurant, (14) hotel, boarding 
 house, or apartment house, (15) bakery, (16) barber shop, (17) 
 bootblack stand or establishment, (18) public stable, (19) garage, (20) 
 laundry, (21) place of amusement, (22) club, (23) or as a driver or 
 chauffeur, (24) or in any coal yard or brick, lumber, or building material 
 yard, (25) or in the construction or repair of buildings, (26) or in the 
 transportation of merchandise; nor any boy under sixteen or female 
 ander twenty-one years of age in the personal delivery of messages, but 
 except as to the personal delivery of messages by females under twenty- 
 one years of age this section shall not apply to holders of age and school- 
 ing certificates under sections 7766-6, 7766-9 or 7770-8, General Code, 
 (109 v. 399.) 
 
 SECTION 12993-1. Employment of child during school hours, unlaw- 
 ful, when. It shall be unlawful for any person, firm or corporation to 
 employ, permit, or suffer to work any child who is required by law to 
 be in attendance at school in any business or occupation whatever dur- 
 ing the hours when the public schools of the district in which the child 
 resides, including the school or class to which the child is assigned, are 
 in session. (109 vy. 399.) 
 
 SECTION 12994 Repealed. (109 v. 402.) 
 
LAW BULLETIN 325 
 
 SECTION 12995. Damage on failure to return certificate on termina- 
 tion of employment. Upon failure on the part of an employer to return 
 an age and schooling certificate or give notice of the non-use thereof 
 within two days after the termination of the employment of a child, the 
 child terminating his employment shall be entitled to recover from such 
 employer in a civil action as damages an amount equal to the wages which 
 he would have earned had he continued in said employment for the period 
 between such termination thereof and the time when such certificate is 
 so returned or said notice given. If such a child at any time fails to ap- 
 pear for work without explanation, the employment shall be deemed 
 within the purposes of this section to have terminated upon the expira- 
 tion of two days after his so failing to appear. (109 v. 400.) 
 
 SECTION 12996. Regulating the hours of employment of minors and 
 females in establishments, etc. No boy under the age of sixteen and no 
 girl under the age of eighteen years shall be employed, permitted or suf- 
 fered to work in, about or in connection with any establishment or oc- 
 cupation named in section 12993 (1) for more than six days in any one 
 week, (2) or more than forty-eight hours in any one week, (3) nor more 
 than eight hours in any one day, (4) or before the hour of seven o’clock 
 in the morning or after the hour of six o’clock in the evening. The 
 presence of such child in any establishment during working hours shall 
 be prima facie evidence of its employment therein. No boy under the 
 age of eighteen years shall be employed, permitted or suffered to work 
 in, about or in connection with any establishment or occupation named 
 in section 12993 (1) for more than six days in any one week, (2) nor 
 more than fifty-four hours in any week, (8) nor more than ten hours 
 in any one day, (4) or before the hour of six o’clock in the morning or 
 after the hour of ten o’clock in the evening. No girl under the age of 
 twenty-one years shall be employed, permitted or suffered to work in, 
 about or in connection with any establishment or occupation named in 
 section 12993 (1) for more than six days in any one week, (2) nor more 
 than fifty hours in any week, (3) nor more than nine hours in any 
 one day, except Saturday, when the hours of labor in mercantile estab- 
 lishments may be ten hours, (4) or before the hour of six o’clock in 
 the morning or after the hour of ten o’clock in the evening. In estimat- 
 ing such periods, the time spent at different employments or under dif- 
 ferent employers shall be considered as a whole and not separately. (108 
 Vout, 1, boc.) 
 
 SECTION 12996-1. Hours of employment of messenger under 
 eighteen years. No person having charge or management of a telephone, 
 telegraph or messenger office or company shall employ a boy under the 
 age of eighteen years to work as a messenger in connection with such 
 office or company before the hour of six o’clock in the morning or after 
 the hour of nine o’clock in the evening of any day. (103 v. 908.) 
 
 SECTION 12997. Time for meals. A boy or girl employed as pro- 
 vided in section 12996-1, shall be entitled to not less than thirty consecu- 
 tive minutes for meal time within five hours from the time of beginning 
 work which shall not be included as a part of the work hours of the 
 day or week. (103 v. 908.) 
 
326 DEPARTMENT OF PUBLIC WELFARE 
 
 SECTION 12998. Two lists of minors employed shall be kept and one 
 conspicuously posted. No child under eighteen years of age shall be em- 
 ployed, permitted or suffered to work in, about or in connection with any 
 establishment or occupation named in section 12993, General Code, or 
 any place of employment, exchange or headquarters, unless the person, 
 firm or corporation employing such child keeps two complete lists of 
 names, together with the ages, of all children under eighteen years oi 
 age, employed in or for such establishment or in such occupation, one 
 on file, and one conspicuously posted near the principal entrance of the 
 place or establishment in which such children are employed. 
 
 Every employer shall post and keep posted in a conspicuous place 
 in every room of any establishment or business named in section 12993, 
 General Code, or this section, where any boy under the age of eighteen 
 or any female under the age of twenty-one is employed, permitted or 
 suffered to work a printed notice stating the maximum of hours such 
 person may be required or permitted to work on each day of the week, 
 the hours of commencing and stopping work, and the hours allowed for 
 dinner and for other meals. The printed form of such notices shall be 
 furnished by the industrial commission of Ohio and the employment of 
 any minor for a longer time in any day than so stated or at any time 
 other than as stated in said printed notice shall be deemed a violation 
 of the provisions of the laws relating to the employment of minors. 
 
 In case the duties of the person are such as to cause him to move 
 from room to room it shall be deemed compliance with the requirements 
 of the above paragraph for the notice to be kept posted in the office or 
 room to which such person reports or which serves as his headquarters. 
 (109 v. 900.) 
 
 SECTION 12999. Hindering or obstructing attendance at part-time 
 school or class, unlawful. Any employer who refuses to permit a minor 
 in his employ to attend a part-time school or class as defined by law, 
 when such minor is required by law so to attend, or arrange the hours 
 of the minor’s work so as to make possible such attendance, or dismisses 
 a minor from his employ because of the minor’s compliance with the law 
 in respect to such attendance, or otherwise obstructs a minor’s attend- 
 ance at part-time school or class shall upon conviction for a first offense 
 be punished by a fine of not less than ten nor more than fifty dollars; 
 and upon conviction for subsequent offense by the penalties provided in 
 section 12984, General Code. (109 v. 400.) 
 
 SECTION 13000. Certificate as prima facie evidence. Failure to 
 produce for lawful inspection the age and schooling certificate as pro- 
 vided by law, or the record as provided in section twelve thousand nine 
 hundred and ninety-eight, shall be prima facie evidence of the illegal 
 employment or service of the child whose certificate is not so produced 
 or whose record is not so correctly kept. (99 v. 30.) 
 
 SECTION 13001. Prohibiting the employment of a child under six- 
 teen years in certain occupations. No child under the age of sixteen 
 years shall be employed, permitted or suffered to work at any of the 
 following occupations or any of the following positions: (1) adjusting 
 any belt to any machinery; (2) sewing or lacing machine belts in any 
 
LAW BULLETIN 327 
 
 workshop or factory; (3) oiling, wiping or cleaning machinery or as- 
 sisting therein; (4) operating or assisting in operating any of the fol- 
 lowing machines: (a) circular or band saws; (b) wood shapers; (c) 
 wood jointers; (d) planers; (e) sandpaper or woodpolishing machinery; 
 (f) woodturning or boring machinery; (g) picker machines or machines 
 used in picking wool, cotton, hair or any other material; (h) carding 
 machines; (i) paper-lace machines; (j) leather-burnishing machines; 
 (k) job or cylinder printing presses operated by power other than foot 
 power; (1) boring or drill presses; (m) stamping machines used in 
 sheet-metal and tinware, or in paper and leather manufacturing, or in 
 washer and nut factories; (n) metal or paper cutting machines; (0) 
 corner staying machines in paper box factories; (p) corrugating rolls, 
 such as are used in corrugated paper, roofing or washboard factories; 
 (q) steam boilers; (r) dough brakes or cracker machinery of any de- 
 scription; (s) wire or iron straightening or drawing machinery; (t) 
 rolling mill machinery; (u) power punches or shears; (v) washing, 
 grinding or mixing machinery; (w) calendar rolls in paper and rubber 
 manufacturing; (x) laundering machines; (y) burring machinery; (5) 
 or in proximity to any hazardous or unguarded belts, machinery or gear- 
 ing; (6) or upon any railroad, whether steam, electric or hydraulic; (7) 
 or upon any vessel or boat engaged in navigation or commerce within the 
 jurisdiction of this state. (103 v. 909.) 
 
 SECTION 13002. Prohibiting a child under sixteen years working in 
 certain capacities. No child under the age of sixteen years shall be 
 employed, permitted or suffered to work in any capacity (1) in, about or 
 in connection with any process in which dangerous or poisonous gases 
 are used; (2) nor in the manufacture or packing of paints, colors, white 
 or red lead; (3) nor in soldering; (4) nor in occupations causing dust 
 in injurious quantities; (5) nor in the manufacture or use of dangerous 
 or poisonous dyes; (6) nor in the manufacture or preparation of com- 
 positions with dangerous or poisonous gases; (7) nor in the manufac- 
 ture or use of compositions of lye in which the quantity thereof is in- 
 jurious to health; (8) nor on scaffolding; (9) nor in heavy work in the 
 building trades; (10) nor in any tunnel or excavation; (11) nor in, about 
 or in connection with any mine, coal breaker, coke oven or quarry; (12) 
 nor in assorting, manufacturing or packing tobacco; (13) nor in operat- 
 ing any automobile, motor car or truck; (14) nor in a bowling alley; 
 (15) nor in a pool or billiard room; (16) nor in any other occupation 
 dangerous to the life and limb, or injurious to the health or morals of such 
 child. (103 v. 909.) 
 
 SECTION 13003. Board shall determine whether particular employ- 
 ment of minors shall be prohibited. The state board of health may, from 
 time to time, after a hearing duly had, determine whether or not any 
 particular trade, process or manufacture or occupation in which the em- 
 ployment of children under the age of sixteen years is not already for- 
 bidden by law, or any particular method of carrying on such trade, pro- 
 cess of manufacture or occupation, is sufficiently dangerous to the lives 
 or limbs or injurious to the health or morals of children under sixteen 
 years of age to justify their exclusion therefrom. No child under six- 
 
328 DEPARTMENT OF PUBLIC WELFARE 
 
 teen years of age shall be employed, permitted or suffered to work in 
 any occupation thus determined to be dangerous or injurious to such 
 children. There shall be a right of appeal to common pleas court from 
 any such determination. (99 v. 32.) 
 
 SECTION 13005. Female shall not be engaged in employment which 
 compels her to stand. No female under the age of twenty-one years shall 
 be engaged or permitted to work at an employment which compels her 
 to remain standing constantly while on duty. (103 v. 910.) 
 
 Section 13006 Repealed. (109 v. 402.) 
 
 SECTION 13007. Fines paid into school fund. The fines collected 
 under this subdivision of this chapter shall inure to the benefit of the 
 school fund of the district where the offense was committed. (99 v. 32.) 
 
 SECTION 13007-1. Demand when age and schooling certificate not 
 filed; evidence required. An inspector of factories, attendance officer, or 
 other officer charged with the enforcement of the laws relating to the 
 employment of minors or school attendance may make demand on any 
 employer in or about whose place or establishment or material or equip- 
 ment a person apparently under the age of eighteen years is employed 
 or permitted or suffered to work, and whose employment certificate is 
 not filed as required by this act, that such employer shall furnish him 
 satisfactory evidence that such person is in fact over eighteen years of 
 age. The inspector of factories, attendance officer, or other officer 
 charged with the enforcement of such laws, shall require from such em- 
 ployer unless an overage certificate is held by the employee the same 
 evidence of age of such child as is required upon the issuance of an age 
 and schooling certificate. Failure of such employer to produce such 
 evidence shall be deemed a violation of the laws relating to the employ- 
 ment of minors. (109 v. 402.) 
 
 Section 13007-2 Repealed. (109 v. 402.) 
 
 SECTION 13007-3. Prohibiting the employment of a child under 
 eighteen in certain work. No child under the age of eighteen years shall 
 be employed, permitted or suffered to work (1) in, about or in connection 
 with blast furnaces, docks, or wharves; (2) in the outside erection and 
 repair of electric wires; (3) in the running or management of elevators, 
 lifts or hoisting machines or dynamos; (4) in oiling or cleaning machin- 
 ery in motion; (5) in the operation of emery wheels or any abrasive, 
 polishing or buffing wheel where articles of the baser metals or iridium 
 are manufactured; (6) at switch tending; (7) gate tending; (8) track 
 repair; (9) or as brakemen, firemen, engineers, motormen or conductors 
 upon railroads; (10) or as railroad telegraph operators; (11) as pilots, 
 firemen or engineers upon boats and vessels; (12) or in or about estab- 
 lishments wherein nitroglycerine, dynamite, edualin, gunecotton, gun- 
 powder, or other high or dangerous explosives are manufactured, com- 
 pounded or stored; (13) or in the manufacture of white or yellow phos- 
 phorus or phosphorus matches; (14) or in any distillery, brewery, or any 
 other establishment where malt or alcoholic liquors are manufactured, 
 packed, wrapped or bottled; (15) or in any hotel, theatre, concert hall, 
 place of amusement, or any other establishment where intoxicating 
 
LAW BULLETIN 329 
 
 liquors are sold; (16) nor any boy under sixteen or girl under eighteen 
 in any theatre or other place of amusement, except on the stage thereof 
 when not otherwise prohibited by law. (103 v. 911.) 
 
 SECTION 13007-4. Board may determine whether employment of 
 children shall be prohibited in certain occupations. The state board of 
 health may, from time to time, after hearing duly had, determine whether 
 or not any particular trade, process of manufacture or occupation, in 
 which the employment of children under eighteen years of age is not al- 
 ready forbidden by law, or any particular method of carrying on such 
 trade, process of manufacture or occupation, is sufficiently dangerous to 
 the lives or limbs or injurious to the health or morals of children under 
 eighteen years of age to justify their exclusion therefrom. 
 
 No child under eighteen years of age shall be employed, permitted 
 or suffered to work in any occupation thus determined to be dangerous 
 or injurious to such children. There shall be a right of appeal to the 
 common pleas court from any such determination. (103 v. 911.) 
 
 SECTION 18007-5. Minor shall not work in connection with saloon. 
 No person under twenty-one years of age shall be employed, permitted 
 or suffered to work in, about or in connection with any saloon or bar- 
 room where intoxicating liquors are sold or to handle intoxicating liquors 
 in any way. (103 v. 911.) 
 
 SECTION 13007-7. Who shall make complaint. It shall be the duty 
 of inspectors of factories, attendance officers and other officers charged 
 with the enforcement of laws relating to the employment of minors to 
 make complaint by filing the proper affidavit before a court having com- 
 petent jurisdiction against any person, firm or corporation violating any 
 of the provisions of law relating to the employment of minors and to 
 prosecute the same. 
 
 This shall not be construed as a limitation upon the right of other 
 persons to make and prosecute such complaints. (109 v. 401.) 
 
 SECTION 13007-8. False statement as to age; penalty. Any person 
 who with the intent to assist a minor or female under the age of twenty- 
 one years to procure employment makes a false statement regarding the 
 age of such person to an employer or to a person authorized to issue age 
 and schooling certificates shall upon conviction be punished by a fine of 
 not less than twenty nor more than fifty dollars or by imprisonment for 
 not more than thirty days. (109 v. 401.) 
 
 SECTION 13007-9. Penalty for first violation. Any person, firm or 
 corporation, agent or manager of any firm or corporation, who, whether 
 for himself or for such firm or corporation, or by himself, or througn 
 an agent, servant or foreman, employs and whoever having under his 
 control as parent, guardian, custodian or otherwise any minor permits 
 or suffers a minor or female under the age of twenty-one years to be 
 employed or to work in violation of any of the provisions of the laws 
 relating to the employment of such minors or females under the age of 
 twenty-one years for which the penalty is not otherwise provided by 
 law shall for a first offense be punished upon conviction by a fine of not 
 less than ten nor more than fifty dollars. (109 v. 401.) 
 
330 DEPARTMENT OF PUBLIC WELFARE 
 
 SECTION 13007-10. Continuing employment after notice of viola- 
 tion; penalty. Whoever continues to employ any minor or any female 
 under twenty-one years of age in violation of any of the provisions of 
 the laws relating respectively to the employment of minors or females 
 under the age of twenty-one after being notified thereof in writing by a 
 factory inspector, attendance officer or other officer charged with the 
 enforcement of such laws shall for every day thereafter that such em- 
 ployment continues be fined upon conviction not less than five nor more 
 than twenty dollars. (109 v. 402.) 
 
 SECTION 13007-11. Repealed. (109 v. 402.) 
 
 SECTION 13007-12. Penalty for hindering officer in the discharge of 
 duty. Any person, firm or. corporation, or any manager, foreman, super- 
 intendent or agent of the owner or proprietor of any establishment, who 
 (1) hinders or delays any female visitor or district deputy or any other 
 officer charged with the enforcement of any of the provisions of this act 
 in the performance of his or her duties, or (2) refuses to admit or locks 
 out any such inspector or officer from any place where said inspectors 
 or officers are authorized to inspect, or upon request therefor, refuses to 
 give full and complete information regarding any matter proper to be 
 investigated by any such inspector or officer, shall be punished by a fine 
 of not less than twenty-five dollars nor more than two hundred dollars. 
 (108 vy. Pt. I, 6838.) 
 
 SECTION 13007-1383. Penalty for false statement on affidavit or cer- 
 tificate. Any person authorized to sign any certificate, affidavit or paper 
 called for by this act, who knowingly certifies to any materially false 
 statement therein, shall be fined not less than twenty-five dollars nor 
 more than one hundred dollars. (103 v. 913.) 
 
 SECTION 13007-14. Person under 21 years of age refusing to give 
 age, taken before juvenile court. Any minor or female under twenty- 
 one years of age working in or in connection with any of the establish- 
 ments or places or in occupations with respect to which there are re- 
 strictions of law governing the employment of persons of his probable 
 age who refuses to give to an authorized employee of the industrial com- 
 mission of Ohio or other authorized inspector or attendance officer his 
 name, age and place of residence shall be forthwith conducted by such 
 authorized employee, inspector or attendance officer before the juvenile 
 court or other court having jurisdiction in the premises for examination 
 and to be dealt with according to law. (109 v. 402.) 
 
 MAINTENANCE OF MINORS—NON-SUPPORT 
 
 SECTION 13008. Failure to provide necessaries. Whoever, being the 
 father, or when charged by-law with the maintenance thereof, the 
 mother, of a legitimate or illegitimate child under sixteen years of age, 
 or the husband of a pregnant woman, living in this state, fails, neglects 
 or refuses to provide such child or such woman with the necessary or 
 proper home, care, food and clothing, shall be imprisoned in a jail or 
 workhouse at hard labor not less than six months nor more than one 
 
LAW BULLETIN =: 331 
 
 year, or in the penitentiary not less than one year nor more than three 
 years. (110 v. 7.) 
 
 SECTION 13008-1. Acquittal. Upon trial for any offense defined in 
 the foregoing section, the defendant shall be acquitted if it appear that 
 he was, because of lack of property or earnings, or the inability to se- 
 cure employment, or the physical incapacity to perform labor, unable 
 to provide such child or such woman with necessary or proper home, 
 care, food and clothing. (110 v. 8.) 
 
 SECTION 13009. Abandoning child or pregnant woman. Whoever, 
 being the father of a legitimate child under sixteen years of age, or be- 
 ing the husband of a pregnant woman, leaves, with intent to abandon, 
 such child or pregnant woman, shall be imprisoned in a jail or a work- 
 house at hard labor not less than six months nor more than one year, 
 or in the penitentiary not less than one year nor more than three years. 
 (99 v. 228.) 
 
 SECTION 13010. Convicted person may give bond. If a person, after 
 conviction under either of the next two preceding sections and before sen- 
 tence thereunder, appears before the court in which such conviction took 
 place and enters into bonds to the state of Ohio in a sum fixed by the 
 court at not less than five hundred dollars nor more than one thousand 
 dollars, with sureties approved by such court, conditioned that such per- 
 son will furnish such child or woman with necessary and proper home, 
 care, food and clothing, or will pay promptly each week for such purpose 
 to a trustee named by such court, a sum to be fixed by it, sentence may 
 be suspended. (99 v. 228.) 
 
 SECTION 13011. Where offense in preceding section was committed. 
 An offense under the next three preceding sections shall be held to have 
 been committed in any county in which such child or pregnant woman 
 may be at the time such complaint is made. (99 v. 229.) 
 
 SECTION 13012. Neglect to pay for keeping child in children’s home. 
 Whoever, being the father, or when charged by law with the mainten- 
 ance thereof, the mother, of a legitimate or illegitimate child under six- 
 teen years of age, being legally an inmate of a county or district chil- 
 dren’s home in this state, neglects or refuses to pay to the trustees of 
 such home, the reasonable cost of keeping such child in such home when 
 able so to do by reason of property, or by labor or earnings, shall be 
 imprisoned in a jail or workhouse at hard labor not less than six months 
 nor more than one year, or in the penitentiary not less than one year 
 nor more than three years. (99 v. 228.) 
 
 SECTION 13013. Convicted person may give bond. If a person, after 
 conviction under the next preceding section and before sentence there- 
 under, appears before the court in which such conviction took place and 
 enters into bond to the state of Ohio in a sum fixed by the court at not 
 less than five hundred dollars, with sureties approved by such court, 
 conditioned that such person will pay, so long as such child remains in 
 such home, to the trustees thereof or to a trustee to be named by the 
 court, for the benefit of the trustees of such home, the reasonable cost 
 
332 DEPARTMENT OF PUBLIC WELFARE 
 
 of keeping such child, the amount and time of payment to be fixed by 
 the court, sentence may be suspended. (99 v. 228.) 
 
 SECTION 13014. Where offense in preceding sections committed. 
 An offense under section thirteen thousand and twelve shall be held to 
 have been committed in the county where such children’s home is sit- 
 uated . (99 v. 229.) 
 
 SECTION 13015. Failure to give bond; arrest. Upon failure of such 
 father or mother, or husband of such pregnant woman to comply with 
 any order and undertaking provided for in this subdivision of this chap- 
 ter, he or she may be arrested by the sheriff or other officer, on a war- 
 rant issued on the precipe of the prosecuting attorney, and brought be- 
 fore the court for sentence. Thereupon the court may pass sentence, 
 or for good cause shown, may modify the order as to the time and 
 amount of payments, or take a new undertaking and further suspend 
 sentence as may be for the best interests of such child or children or 
 pregnant woman and the public. (99 v. 229.) 
 
 SECTION 13016. Duties of trustee. The trustee appointed by the 
 court under this subdivision of this chapter, shall make quarterly re- 
 ports of the receipts and expenditures of all moneys coming into his 
 hands as herein provided, such reports to be made to the county com- 
 missioners of the county from which such person was sentenced, or to 
 the board of managers of the penitentiary, or reformatory as the case 
 may be. The court may require such trustee to enter into a good and 
 sufficient bond for the faithful performance of the duties imposed on 
 him. (99 v. 229.) 
 
 SECTION 13017. Humane society may act as trustee. For the pur- 
 poses set forth in the provisions of this subdivision of this chapter, a 
 humane society, incorporated and existing under the laws of this state, 
 being willing to render its services without compensation, may be ap- 
 pointed by the court as such trustee, and when so appointed shall have 
 the powers of such trustee as herein conferred. (99 v. 229.) 
 
 SECTION 13018. Amount credited convict paid to trustee. When a 
 person is convicted, sentenced and fined, under any provision of this 
 subdivision of this chapter, in a workhouse, the county from which he 
 is so convicted, sentenced and confined upon the warrant of the county 
 auditor of such county, and out of the general revenue fund thereof, 
 shall pay monthly fifty cents for each day he is so confined, to the trus- 
 tees appointed by the court under any of such provisions, to be expended 
 by such trustee for the maintenance of the child or children under six- 
 teen years of age, of such person as provided in such provisions. (103 
 Ve -9LSy) 
 
 SECTION 13019. Persons confined in penitentiary shall be credited 
 with 40c per day. The board of managers of the penitentiary, or re- 
 formatory, to which a person is sentenced and confined under this sub- 
 division of this chapter, shall credit such person with forty cents per 
 day for each working day during the period of such confinement, which 
 shall be paid, or caused to be paid, by such board to such trustee. (102 
 Va 214;) 
 
LAW BULLETIN 333 
 
 SECTION 13020. Trustee to be named in mittimus. When a person 
 is imprisoned in a workhouse, penitentiary or reformatory under this 
 subdivision of this chapter, the name and postoffice address of the trus- 
 tee so appointed by the court shall appear in the mittimus. (99 v. 229.) 
 
 SECTION 13021. Continuance of citizenship. Citizenship once ac- 
 quired in this state by a father or mother of a legitimate or illegitimate 
 child living in this state, for the purpose of this subdivision of this 
 chapter, shall continue until such child has arrived at the age of sixteen 
 
 years, provided said child so long continues to live in this state. (99 v. 
 229.) 
 
 PROSTITUTION 
 
 SECTION 13031. Keeping house of ill-fame or harboring child 
 therein; nuisance. Whoever keeps a house or place of ill-fame or assigna- 
 tion for the purpose of prostitution or lewdness, or a house or place for 
 persons to visit for unlawful sexual intercourse or for any other lewda, 
 obscene or indecent purpose, or a disorderly house or place, or a place 
 of public resort by which the peace, comfort or decency of a neighbor- 
 hood is disturbed, or, as agent or owner, lets a place, building or por- 
 tion thereof knowing that it is intended to be used for a purpose speci- 
 fied in this section, or, being the owner or agent, of such building or 
 portion thereof, or the keeper of such house of ill-fame, prostitution or 
 assignation where lewdness exists, keeps, harbors or employs a person 
 over four and under sixteen years of age or allows such person to remain 
 in or about such place of assignation or house of ill-fame, or knowingly 
 permits a place, building or portion of a building to be so used, shall 
 be fined not less than one hundred dollars nor more than three hundred 
 dollars or imprisoned in the workhouse or jail not less than ninety days 
 nor more than six months, or both. The houses, buildings, portions »f 
 buildings, and places mentioned in this section are public nuisances, and 
 the court shall order them abated. (92 v. 298.) 
 
 SECTION 13031-1. Pandering defined. Any person who either by 
 threats, or intimidation or by force or violence, or by deception, device 
 or scheme takes, places, or causes to be taken or placed any female into 
 a house of ill-fame for the purposes of prostitution, or any person who 
 by force, violence, threats, intimidation or deception, or menace or duress 
 takes or detains a female unlawfully with the intent to compel her to 
 marry him or marry any other person or to be defiled; or any person who 
 being parent, guardian or having legal charge of the person of a 
 female, consents to her taking or detention by any person for the pur- 
 pose of prostitution, shall be guilty of pandering and upon conviction 
 thereof shall be punished by imprisonment in the penitentiary for a 
 term of not less than two, nor more than twelve years, and by a fine 
 not more than five thousand dollars ($5,000). (103 v. 188.) 
 
 SECTION 13031-2. Penalty. Any person who shall place any female 
 in the charge or custody of any person or persons for immoral purposes 
 or in a house of prostitution, with the intent that she shall lead a life 
 of prostitution, or any person who, shall compel any female to reside 
 
334 DEPARTMENT OF PUBLIC WELFARE 
 
 with him or with any other person for immoral purposes, or for the 
 purpose of prostitution, or compel her to live a life of prostitution, is 
 guilty of pandering, and upon conviction thereof shall be punished by 
 imprisonment in the penitentiary not less than one year nor more than 
 ten years and by a fine not more than one thousand dollars. (108 v. 
 
 188.) 
 
 SECTION 13031-3. Penalty. Any person who shall receive any money 
 or other valuable thing for, or on account of, procuring for, or placing 
 in a house of prostitution or elsewhere, any female for the purpose of 
 causing her to cohabit with any male person or persons, shall be guilty 
 of a felony and upon conviction thereof shall be imprisoned in the peni- 
 tentiary not less than three years nor more than ten years and fined 
 not more than one thousand dollars. (103 v. 188.) 
 
 SECTION 13031-4. Penalty. Any person who places or leaves, or 
 procures, any other person or persons to place or leave, his wife in a 
 house of prostitution or procures her to lead a life of prostitution shall 
 be guilty of a felony and upon conviction thereof shall be imprisoned in 
 the penitentiary not less than three years nor more than ten years and 
 fined not more than one thousand dollars. (101 v. 51.) 
 
 SECTION 13031-5. Penalty. Any person or persons who detains or 
 attempts to detain any female in a disorderly house or house of prosti- 
 tution or keeps or detains the personal effects of any female in any such 
 house, or fails upon demand to deliver to any female her personal effects 
 situated in a disorderly house or house of prostitution, shall be guilty of 
 a felony and on conviction thereof shall be imprisoned in the peniten- 
 tiary not less than three years nor more than ten years and fined not 
 more than one thousand dollars. (103 v. 189.) 
 
 SECTION 13031-6. ‘‘White slave” traffic; penalty for. Any person 
 who shall knowingly transport or cause to be transported, or aids or 
 assists in obtaining transportation for, by any means of conveyance, 
 through or across this state, any female with the intent or purpose to 
 induce, entice, or compel such female to become a prostitute, or to re- 
 side in a disorderly house for the purpose of prostitution, shall be guilty 
 of a felony and upon conviction be imprisoned in the penitentiary not 
 less than three years nor more than ten years. Any person who shall 
 commit the crime in this section mentioned may be prosecuted, indicted, 
 tried and convicted in any county into or through which he shall have 
 transported any female as aforesaid. (103 v. 189.) 
 
 SECTION 13031-7. Witness, competency of. Any such female re- 
 ferred to in this act shall be a competent witness in any prosecution un- 
 der this act to testify in any and all matters, including conversations 
 with the accused or by him with third persons in her presence, notwith- 
 standing her having married the accused either before or after the vio- 
 lation of any of the provisions of this act, whether called as a witness 
 during the existence of the marriage or after its dissolution. (101 v. 
 52.) 
 
 SECTION 13031-8. Search warrant. Any court of competent jurisdic- 
 tion may, upon affidavit, issue a search warrant to the proper officer, 
 
LAW BULLETIN 335 
 
 particularly describing the building or place to be searched, the person 
 _ to be seized, and the things to be searched for, and alleging substan- 
 tially the offense in relation thereto, for the purpose of securing evi- 
 dence, in any case of any suspected violation of this act. (101 v. 52.) 
 
 SECTION 13031-9. Penalty. Any person who by force, fraud, intimida- 
 tion or threats places, or leaves any female of previous chaste life and 
 character in a house of rrostitution or nouse of assignaticn, or to lead 
 a life of prostitution, shall be guilty of a felony and upon conviction 
 thereof shall be imprisoned in the penitentiar:y not less than one year 
 
 ncr more than ten years and fined not mor? than vene thousand dollars. 
 <103 v. 189.) 
 
 SECTION 13031-10. Search warrant to secure evidence. Any court 
 of competent jurisdiction may upon affidavit issue a search warrant for 
 the purpose of securing documentary or other evidence of the violation 
 of this act. (1038. v. 189.) 
 
 SECTION 13031-11. Competent evidence. Evidence as to the general 
 reputation of a house as a house of prostitution or assignation shall be 
 competent evidence to prove that it is such a house. (103 v. 189.) 
 
 SECTION 13031-12. Constitutionality. The adjudication by a court 
 of competent jurisdiction of any section of this act or part thereof to 
 be unconstitutional, shall not invalidate any other section or part there- 
 Of, (103° vy. 189;) 
 
 SECTION 13031-13. Keeping, maintaining, occupying, permitting, 
 etc., a place for prostitution, prohibited. From and after the passage of 
 this act it shall be unlawful to keep, set up, maintain or operate any 
 place, structure, building or conveyance for the purpose of prostitution, 
 lewdness or assignation; or to occupy any place, structure, building or 
 conveyance for the purpose of prostitution, lewdness or assignation or 
 for any person to permit any place, structure, building or conveyance 
 owned by him or under his control to be used for the purpose of prostitu- 
 tion, lewdness or assignation, with knowledge or reasonable cause to 
 know that the same is, or is to be, used for such purpose; or to receive 
 or to offer or agree to receive any person into any place, structure, 
 building or conveyance for the purpose of prostitution, lewdness or as- 
 signation or to permit any person to remain there for such purpose; or 
 to direct, take or transport, or to offer or agree to take or transport, 
 any person to any place, structure or building or to any other person 
 with knowledge or reasonable cause to know that the purpose of such 
 directing, taking or transporting is prostitution, lewdness or assignation; 
 to procure or to solicit or to offer to procure or solicit for the purpose of 
 prostitution, lewdness or assignation; or to reside in, enter or remain in 
 any place, structure or building, or to enter or remain in any convey- 
 ance, for the purpose of prostitution, lewdness or assignation; or to en- 
 gage in prostitution, lewdness or assignation or to aid or abet prostitu- 
 
 tion, lewdness or assignation by any means whatsoever. (108 vy. Pt. I, 
 730.) 
 
 SECTION 13031-14. Terms “prostitution,” “lewdness’’ and ‘‘assigna- 
 tion’”’ defined. The term “prostitution” shall be construed to include the 
 PB Sigic2 
 
336 DEPARTMENT OF PUBLIC WELFARE 
 
 offering or receiving of the body for sexual intercourse for hire, and, 
 shall also be construed to include the offering or receiving of the body 
 for indiscriminate sexual intercourse without hire. The term “lewdness” 
 shall be construed to include any indecent or obscene act. The term 
 “assignation” shall be construed to include the making of any appoint- 
 ment or engagement for prostitution or lewdness or any act in further- 
 ance of such appointment or engagement. (108 v. Pt. I, 731.) 
 
 SECTION 13031-15. Prior conviction and testimony admissible evi- 
 dence. In the trial of any person, charged with a violation of any of the 
 provisions of section 13031-1383 of the General Code, testimony of a prior 
 conviction, or testimony concerning the reputation of any place, struc- 
 ture or building and of the person or persons who reside in or frequent 
 the same and of the defendant shall be admissible in evidence in sup- 
 port of the charge. (108 v. Pt. I, 7381.) 
 
 SECTION 13031-16. First and second degree guilt, defined. Who- 
 ever shall be found to have committed two or more violations of any of 
 the provisions of section 13031-13 of the General Code within a period 
 of one year next preceding the date named in an indictment, informa- 
 tion or charge of violating any of the provisions of section 13031-13 of 
 the General Code, shall be deemed guilty in the first degree. Whoever 
 shall be found to have committed a single violation of any of the pro- 
 visions of this act shall be deemed guilty in the second degree. (108 v. 
 Phidgaloie) 
 
 SECTION 13031-17. Penalty for guilt in first degree. Whoever 
 shall be found guilty in the first degree, as set forth in section 130381-16, 
 shall be subject to imprisonment in, or commitment to, any penal or re- 
 formatory institution in this state for not less than one nor more than 
 three years; provided, that in case of a commitment to a reformatory 
 institution the commitment shall be made for an indeterminate period of 
 time of not less than one nor more than three years in duration, and the 
 board of managers or directors of the reformatory institution, or other 
 officer, board of commission vested with such powers, shall have authority 
 to discharge or to place on parole any person so committed after the ser- 
 vice of the minimum term, or any part thereof, and to require the return 
 to the said institution for the balance of the maximum term of any person 
 who shall violate the terms or conditions of the parole. 
 
 (b) Penalty for guilt in second degree. Whoever shall be found 
 guilty in the second degree, as set forth in section 13031-16, shall be 
 subject to imprisonment for not more than one year; provided, that the 
 sentence imposed, or any part thereof, may be suspended, and provided 
 further that the defendant may be placed on probation in the care of a 
 probation officer designated by law or theretofore appointed by the court 
 upon the recommendation of five responsible citizens. 
 
 (c) Medical examination of person charged with violation of law; 
 treatment. Any person charged with a violation of section 13031-1383 of 
 the General Code, shall, upon the order of the court having jurisdiction 
 of such case, be subjected to examination to determine if such person 
 is infected with a venereal disease. Such examination shall be made by 
 
LAW BULLETIN 337 
 
 the physician employed to render medical service to persons confined or 
 detained by the municipality or county, or by some physician designated 
 by the court or by the board of health to make such examination. Any 
 such person found to have a venereal disease in the infective state shall 
 receive medical treatment therefor and shall pay for such treatment if 
 able to do so. If not able to pay, such medical treatment shall be at 
 the expense of the municipality or county. No person charged with a 
 violation of section 13031-13 of the General Code shall be discharged 
 from custody, paroled or placed on probation if he or she has a venereal 
 disease in an infective stage unless the court having jurisdiction shail 
 be assured that such person will continue medical treatment until cured 
 or rendered non-infectious. 
 
 (d) Woman probation officer. No girl or woman who shall be con- 
 victed under this act shall be placed on probation or on parole in the 
 care or charge of any person except a woman probation officer. (108 
 wert. 1, tol.) 
 
 MISCELLANEOUS OFFENSES 
 
 SECTION 13206. Selling intoxicating liquors or keeping house of 
 ill-fame at ceriain places prohibited. Whoever sells intoxicating liquors 
 or keeps a house of ill-fame at or within twelve hundred yards of the 
 administration or main central building of the Columbus state hospital, 
 Dayton state hospital, Athens state hospital, Toledo state hospital, sol- 
 diers’ and sailors’ orphans’ home, or any other orphans’ home in this 
 state, or within two miles of the boundary line of the boys’ industrial 
 school, south of Lancaster, Fairfield county, or within two miles of the 
 place where an agricultural fair is being held, or within one mile of a 
 county children’s home of a county of the state situated within one mile 
 of an incorporated village or city in which the sale of intoxicating liquor 
 is prohibited by an ordinance of such village or city, shall be fined not 
 less than twenty-five dollars nor more than one hundred dollars, or im- 
 prisoned not more than thirty days, or both. The place wherein such 
 intoxicating liquors are sold shall be shut up and abated as a nuisance 
 by order of the court upon conviction of the owner or keeper thereof. 
 (93 v. 841.) 
 
 SECTION 13408. Tramps. Whoever, not being a female or blind 
 person and not being in the county where he usually lives or has his 
 home, begs or asks subsistence by charity and enters a dwelling house, 
 or yard or enclosure about a dwelling house, without the permission of 
 the owner or occupant thereof, or does not, when requested, forthwith 
 leave such place, or is found carrying a firearm or dangerous weapon, 
 or does or threatens to do injury to the person or property of another, 
 shall be imprisoned in the penitentiary not less than one year nor more 
 than three years. A person, on view, may apprehend such offender and 
 take him before a justice of the peace, or other examining officer, for 
 examination. (76 v. 191.) 
 
 SECTION 13409. Vagrants. Whoever, being a male person able to 
 perform manual labor has not made reasonable effort to procure em- 
 
338 DEPARTMENT OF PUBLIC WELFARE 
 
 ployment or has refused to labor at reasonable prices, is a vagrant or 
 common beggar and shall be fined not more than fifty dollars and sen- 
 tenced to hard labor in jail until the fine and costs are paid. For such 
 labor he shall receive credit upon such final costs at the rate of seventy- 
 five cents per day. (72 v. 165.) 
 
 SECTION 13421-1. Selling of diphtheria antitoxin prohibited. Any 
 person or persons who shall sell diphtheria antitoxin produced and dis- 
 tributed by the state board of health shall be guilty of a misdemeanor 
 and upon conviction shall be fined in any amount not exceeding one 
 hundred dollars. (106 v. 23.) 
 
 CRIMINAL INSANE 
 (See Sections 1841-9; 1841-11; 1985 et seq.; 2218; 2220; 2221.) 
 
 SECTION 13577. Grand jury finding accused insane. If a grand jury 
 upon investigation of a person accused of crime finds such person to be 
 insane, it shall report such finding to the court of common pleas. Such 
 court shall order a jury to be impaneled to try whether or not the ac- 
 cused is sane at the time of such impaneling, and such court and jury 
 shall proceed in a like manner as provided by law when the question of 
 the sanity of a person indicted for an offense is raised at any time be- 
 fore sentence. If such person is then found to be insane, he shall be 
 committed to the Lima State Hospital until restored to reason. This 
 section shall not be in force and effect until the Lima State Hospital is 
 ready for the reception of inmates as certified to the courts by the goy- 
 ernor and secretary of state. (98 v. 239.) 
 
 SECTION 13608. Whether accused is insane may be tried by special 
 jury. When the attorney of a person indicted for an offense suggests to 
 the court in which an indictment is pending, and before sentence, that 
 such person is not then sane and certificate of a reputable physician to 
 that effect is presented to the court, such court shall order a jury to be 
 impaneled to try whether or not the accused is sane at the time of such 
 impaneling. Thereupon a time shall be fixed for a trial, a jury shall 
 be drawn from the jury box and a venire issued, unless the prosecuting 
 attorney or the attorney of the accused demand a struck jury, in which 
 case such jury shall be selected and summoned as required by law. The 
 jury shall be sworn to try the question whether the accused is or not 
 sane and a true verdict give according to the law and the evidence, and, 
 on the trial, the accused shall hold the affirmative. (72 v. 80.) 
 
 SECTION 13609. Verdict by three-fourths of jury. If three-fourths 
 of the jurors provided for in the next preceding section, agree upon the 
 verdict, their finding may be returned as the verdict of such jury, and 
 a new trial may be granted on the application of the attorney of the 
 accused, for the causes and in the manner provided in this title. (72 
 v. 80.) 
 
 SECTION 13610. Proceedings on verdict of such jury. If three- 
 fourths of the jurors do not agree, or the verdict is set aside, another 
 jury, shall be impaneled to try the question. If the jury find the accused 
 
LAW BULLETIN 339 
 
 to be sane and no trial has been had on the indictment, a trial shall be 
 had thereon as if the question had not been tried. If the jury find him 
 to be not sane, that fact shall be certified by the clerk to the probate 
 court, and the accused, until restored to reason, shall be dealt with by 
 such court as upon inquest had. If he is discharged, the bond given for 
 his support and safekeeping shall contain a condition that, when re- 
 stored to reason, he shall answer to the offense charged in the indict- 
 ment, or of which he has been convicted, at the next term of the court 
 thereafter and abide the order of such court. (72 v. 80.) 
 
 SECTION 13611. May be prosecuted when restored to reason. When 
 restored to reason, the accused may be prosecuted for an offense com- 
 mitted by him previous to such insanity, or sentenced on a conviction 
 had previous thereto. (72 v. 80.) 
 
 SECTION 13612. Proceedings when accused is acquitted on the sole 
 ground of insanity. When a person tried upon an indictment for an 
 offense is acquitted on the sole ground that he was insane, such fact 
 shall be found by the jury in the verdict, and certified by the clerk to 
 the probate court. Such person shall not be discharged, but forthwith 
 delivered to the probate court, to be proceeded against upon the charge 
 of lunacy, and the verdict shall be prima facie evidence of his sanity. 
 (53 v. 81.) 
 
 SECTION 13613. Proceedings when accused is restored to reason. 
 When a lunatic confined in an asylum or an infirmary, under the pro- 
 visions of the next preceding section or under the provisions of law pro- 
 viding that the probate court shall examine an alleged lunatic who is 
 in jail awaiting examination before a magistrate, is restored to reason, 
 the superintendent having him in charge shall notify the prosecuting 
 attorney at the proper county of such fact, who, within a reasonable 
 time, shall cause the clerk of the court to issue a capias, upon which the 
 accused may be arrested and committed to the jail of the county, to 
 answer the offense charged against him. In default of such capias, such 
 superintendent shall discharge him. (538 v. 81.) 
 
 SECTION 13614. Person under indictment insane. If a person under 
 indictment appears to be insane, proceedings shall be had as provided 
 for persons not indicted because of insanity. If such person is found to 
 be insane he shall be committed to the Lima State hospital until restored 
 to reason when the superintendent thereof shall notify the prosecuting 
 attorney of the proper county who shall proceed, as provided by law, 
 with the trial of such person under indictment. (98 v. 239.) 
 
 SECTION 13679. Acquittal because of insanity. When a _ person 
 tried upon an indictment for an offense is acquitted on the sole ground 
 that he was insane, and proceedings are had thereafter as provided by 
 law, he shall be committed to the Lima State Hospital. This section 
 shall not be in force and effect until the Lima state hospital is ready for 
 the reception of inmates as certified to the courts by the governor and 
 secretary of state. (98 v. 239.) 
 
 SECTION 13600. When convict in penitentiary is indicted for offense 
 committed therein. When a convict in the penitentiary is indicted for 
 
340 DEPARTMENT OF PUBLIC WELFARE 
 
 an offense committed while confined therein, he shall remain in the cus- 
 tody of the warden of the penitentiary, subject to the order of the court 
 of common pleas of Franklin county. (66 v. 321.) 
 
 SECTION 13601. Certain convicts in the penitentiary removed for 
 sentence or trial. A convict in the penitentiary who escaped or forfeited 
 his recognizance before receiving sentence for a felony or against whom 
 an indictment for felony is pending, may be removed to the county in 
 which such conviction was had or such indictment was pending, for sen- 
 tence or trial, upon the warrant of the court of such county. This sec- 
 tion shall not extend to the removal of a convict for life, except the 
 sentence to be imposed or the indictment pending against him, is for 
 murder in the first degree. (66 v. 118.) 
 
 SECTION 13602. The warrant for removal, and how executed. The 
 warrant for such removal shall be in the usual form, except that it 
 shall set forth that the accused is in the penitentiary; it shall be directed 
 to the sheriff of the county in which the conviction was had or the in- 
 dictment is pending. When a copy thereof, with the approval of the 
 governor indorsed thereon, is presented to the warden of the peniten- 
 tiary, he shall deliver the convict to the sheriff, who shall convey him 
 to such county and commit him to the jail thereof. For removing cr 
 returning such convict the sheriff shall receive fees as are allowed by 
 law for conveying convicts to the penitentiary. (63 v. 20.) 
 
 SECTION 13603. Governor must approve the warrant before removal. 
 The sheriff shall present the warrant to the governor, who, if satisfied 
 that such convict ought to be removed for sentence or trial, shall endorse 
 his approval thereon. Without such approval and indorsement the war- 
 den shall not surrender the convict. (63 v. 20.) 
 
 SECTION 13604. Where such convict to be confined. A convict so 
 removed shall be kept in jail subject to be taken into court for sentence 
 or trial. If the case be continued or the execution of the sentence be 
 suspended, the court may order him to be returned to the penitentiary 
 by the sheriff, who shall deliver with him a certified copy of such order 
 to the warden, who shall again deliver him to the sheriff upon another 
 order of the court, duly certified. (63 v. 20.) 
 
 SECTION 13605. To be returned to the penitentiary or executed. 
 If such convict is acquitted, he shall be forthwith returned by the sheriff 
 to the penitentiary to serve out the remainder of his term, but, if he is 
 sentenced to imprisonment in the penitentiary, he shall forthwith be re- 
 turned thereto by the sheriff and the term of such imprisonment shall 
 begin at the expiration of the term for which he was imprisoned at the 
 time of his removal. If he is sentenced to death, such sentence shall be 
 executed as if he were not under sentence or imprisonment in the pen- 
 itentiary. (63 v. 20.) 
 
 SECTION 13606. Escaped convict to be arrested and returned. 
 Sheriffs, coroners and constables shall arrest a convict escaping from 
 the penitentiary, and forthwith convey him to the penitentiary and de- 
 livery him to the warden thereof. They shall be allowed eight cents per 
 mile going to and returning from such penitentiary, and such additional 
 
LAW BULLETIN 341 
 
 compensation as the warden deems reasonable for the necessary expense 
 incurred. (83 v. 14.) 
 
 SECTION 13606-1. Duty of certain officers when prisoner violates 
 parole. That when a prisoner is paroled or probated from the Ohio 
 penitentiary or the Ohio state reformatory and violates uny of the con- 
 ditions of his parole or release, it is hereby the duty of any sheriff, deputy 
 sheriff, chief of police, policeman or police officer, upon his knowing or 
 being advised that such paroled convict is in his bailiwick and has vio- 
 lated the conditions of his parole or release, to forthwith arrest such 
 person, and, if a prisoner from the penitentiary, report same to the 
 Ohio board of administration, at Columbus, and if from the Ohio state 
 reformatory, to the superintendent of the same, and for so doing no 
 warrant or other authority shall be necessary. (103 v. 404.) 
 
 PROBATION 
 
 SECTION 13706. What prisoners may be put upon probation. In 
 prosecutions for crime, except as hereinafter provided, where the de- 
 fendant has pleaded or been found guilty, and the court or magistrate 
 has power to sentence such defendant to be confined in or committed to 
 the penitentiary, the reformatory, a jail, workhouse, or correctional in- 
 stitution, and the defendant has never before been imprisoned for crime, 
 either in this state or elsewhere, and it appears to the satisfaction of 
 the court or magistrate that the character of the defendant and circum- 
 stances of the case are such that he is not likely again to engage in an 
 offensive course of conduct, and that the public good does not demand 
 or require that he shall suffer the penalty imposed by law, such court or 
 magistrate may suspend the execution of the sentence, at any time be- 
 fore such sentence is carried into execution, and place the defendant on 
 probation in the manner provided by law. (108 v. Pt. I, 144.) 
 
 SECTION 13707. Juvenile delinquent. This subdivision of this 
 chapter shall not affect the laws providing the method of dealing with 
 juvenile delinquents, nor shall detention in an institution for such juven- 
 ile delinquents be considered as imprisonment. (99 v. 339.) 
 
 SECTION 13708. Exceptions thereto. No person convicted of mur- 
 der, arson, burglary of an inhabited dwelling house, incest, sodomy, rape 
 without consent, assault with intent to rape, or administering poison 
 shall have the benefit of probation. (99 v. 340.) 
 
 SECTION 13709. Duty of clerk. When it is the judgment of the 
 court that the defendant be placed upon probation and under the super- 
 vision of the penitentiary or the reformatory, the clerk of such court 
 shall forthwith make a full copy of the judgment of the court, with the 
 order for the suspension of the execution of sentence thereunder and 
 the reasons therefor, and certify them to the warden of the penitentiary 
 or to the superintendent of the reformatory, to which the court would 
 have committed the defendant but for the suspension of sentence. (99 
 v. 340.) 
 
342 DEPARTMENT OF PUBLIC WELFARE 
 
 SECTION 13710. When prisoner released. Upon entry in the records 
 of the court of the order for the probation provided for in the next pre- 
 ceding section, the defendant shall be released from custody of the court 
 as soon as the requirements and conditions required by the board of 
 managers have been properly and fully met. (99 v. 340.) 
 
 PROSECUTION AND TRANSPORTATION 
 
 SECTION 13720. Delivery of convict within five days; exception. A 
 person sentenced for felony to the penitentiary, or a reformatory, un- 
 less the execution thereof is suspended, shall be conveyed to the peniten- 
 tiary or such reformatory by the sheriff of the county in which the con- 
 viction was had, within five days after such sentence, and delivered into 
 the custody of the warden of the penitentiary, or superintendent of such 
 reformatory, with a copy of such sentence, there to be kept until the 
 term of his imprisonment expires, or he is pardoned. If the execution 
 of such sentence is suspended, and the judgment be afterward affirmed, 
 he shall be conveyed to the penitentiary or such reformatory within five 
 days after the court directs the execution of sentence; provided, how- 
 ever, that the trial judge, or any judge of said court in said subdivision 
 may, in his discretion, and for good cause shown, extend the time of such 
 conveyance. (108 v. Pt. II, 1218.) 
 
 SECTION 13721. Sheriff may demand assistance during conveyance 
 of convict. During the time a sheriff is conveying to the penitentiary a 
 person sentenced to imprisonment therein, he may secure him in a jail 
 and demand the assistance of a sheriff, jailer, or other person in keeping 
 such prisoner, as if he were in his own county. Such sheriffs, jailers, 
 or other persons shall be liable, on refusal, to like penalties as if the 
 sheriff, making the demand, were in his own county. (66 v. 314.) 
 
 SECTION 13722. Cost bill in case of felony made and certified; 
 examination. Upon sentence of a person for a felony, the clerk shall 
 make and certify, under his hand and the seal of the court, a complete 
 itemized bill of the costs made in such prosecution including the sum 
 paid by the county commissioners, duly certified by the county auditor, 
 for the arrest and return of the convict on the requisition of the gover- 
 nor, or on the request of the governor to the president of the United States. 
 Such bill of costs shall be presented by such clerk to the prosecuting at- 
 torney, who shall examine each item therein charged, and certify to it if 
 correct and legal. (108 y. Pt. II, 1219.) 
 
 SECTION 13723. Writs of execution to issue on sentence. The clerk 
 shall forthwith issue to the sheriff of the county in which the indictment 
 was found, and to the sheriff of any other county in which the convict 
 has property, executions against his property for the costs of prosecn- 
 tion, which shall be served and returned within ten days, with the pro- 
 ceedings of such sheriff or the want of property upon which to so levy, 
 endorsed thereon. When a levy is made upon property under such exe- 
 cution, a writ shall forthwith be issued by the clerk for the sale thereof 
 
LAW BULLETIN 343 
 
 and such sheriff shall proceed to sell the property as in other cases, and 
 make return thereof according to law, and, after paying the costs of 
 conviction, execution and sale, pay the balance to the person authorized 
 to receive it. (42 v. 30.) 
 
 SECTION 13724. Costs on execution of sentence for felony. If the 
 convict is sentenced for felony to imprisonment in a reformatory, the 
 penitentiary, or to death, and no property has been levied upon, the 
 sheriff shall deliver such certified cost bill, having accredited thereon the 
 amount paid on costs, with the convict to the warden of the penitentiary 
 or superintendent of such reformatory. When property has been levied 
 upon and remains unsold, the clerk shall not certify to the sheriff the 
 costs of such conviction, or part thereof, for payment from the state 
 treasury, but the convict shall be delivered to such warden or superin- 
 tendent in pursuance of his sentence, upon payment of the cost of trans- 
 portation. CL0S°v, Pt. 11, 1279:) 
 
 SECTION 13725. Number of guards and fees for transportation of 
 convicts. In transporting convicts to the penitentiary or a reformatory, 
 the sheriff may take one guard for every two convicts transported, if he 
 deems it necessary; but the trial judge may authorize a larger number 
 upon written application of the sheriff, in which case a transcript of the 
 order of such judge shall be certified by the clerk of the court under the 
 seal thereof and the sheriff shall deliver it to the warden of the peniten- 
 tiary or the superintendent of such reformatory with such convict. In 
 order to reimburse the county for the expenses of transportation the 
 state shall pay the following fees: Five cents a mile from the the county 
 seat to the state institution and return for the sheriff and each of the 
 guards and five cents a mile from the countyseat to the state institution 
 for each prisoner, the number of miles to be computed by the usual route 
 of travel. (108 v. Pt. II, 1219.) 
 
 SECTION 13726. Certification by warden before audit and payment 
 of cost bill. When the clerk of courts certifies on the cost bill that execu- 
 tion was issued according to the provisions of this chapter, and returned 
 by the sheriff ‘no goods, chattels, lands or tenements found whereon to 
 levy”, the warden of the penitentiary or the superintendent of such re- 
 formatory shall certify thereon the date on which such prisoner was re- 
 ceived at the institution, and the fees for transportation; whereupon the 
 auditor of state shall audit such cost bill and the fees for transportation 
 and issue his warrant on the treasurer of state for such amount as he 
 finds to be correct. (42 v. 30.) 
 
 SECTION 13727. When costs not made, etc., clerk to certify such 
 fact to auditor of state. Upon the return of the writ against the con- 
 vict, if an amount of money has not been made sufficient for the payment 
 ot the costs of conviction, and no additional property is found whereon 
 to levy, the clerk shall so certify to the auditor of state under his seal, 
 with a statement of the total amount of costs, the amount made and the 
 amount remaining unpaid. Such amount so unpaid as the auditor finds 
 to be correct, shall be paid by the state, to the order of such clerk. (42 
 eee) 
 
344 DEPARTMENT OF PUBLIC WELFARE 
 
 PROBATION OF PRISONERS SENTENCED TO JAIL, WORK- 
 HOUSE OR CORRECTIONAL SCHOOL 
 
 SECTION 13711. Probation of prisoners sentenced to jail or work- 
 house. When the sentence of the court or magistrate is that the de- 
 fendant be imprisoned in a workhouse, jail, or other institution, except 
 the penitentiary or the reformatory, or that the defendant be fined and 
 committed until such fine be paid, the court or magistrate may suspend 
 the execution of said sentence and place the defendant on probation, and 
 in charge of a probation officer named in such order, in the following 
 manner: 
 
 1. In case of sentence to a workhouse, jail or other correctional 
 institution, the court or magistrate may suspend the execution of the 
 sentence and direct that such suspension continue for such time, not 
 exceeding two years, and upon such terms and conditions as it shall de- 
 termine. 
 
 2. In case of a judgment of imprisonment until a fine is paid, the 
 court may direct that the execution of the sentence be suspended on sucn 
 terms as it may determine and shall place the defendant on probation 
 to the end that said defendant may be given the opportunity to pay such 
 fine within a reasonable time; provided, that upon payment of such fine, 
 judgment shall be satisfied and the probation cease. (99 v. 341.) 
 
 SECTION 13712. Probation officer appointed. In cases of probation 
 provided for in the next preceding section, no order for probation shail 
 be issued unless the court or magistrate designate some suitable person 
 to act as probation officer in such case, who shall make written reports, 
 at designated periods not less than once each month concerning the con- 
 duct of a probationer in his charge. (99 v. 342.) 
 
 SECTION 13713. His duties. A probation officer shall be entitled to 
 necessary expenses in the performance of his duty, and, for cause here- 
 after named, without warrant or other process, at any time until the 
 final disposition of the case, may re-arrest, a person, so placed in his 
 care, and bring him before the court; or the court or magistrate, may 
 issue a warrant for the re-arrest of such person and thereupon revoke 
 and terminate such probation, if the interest of justice requires, and if 
 the court or magistrate has reason to believe from the report of a pro- 
 bation officer or otherwise that the probationer is violating the condi- 
 tions of his probation, engaging in a criminal practice, or has become 
 abandoned to improper associates or a vicious life. (99 v. 342.) 
 
 SECTION 13714. New sentence. Upon such revocation and termina- 
 tion, the court or magistrate may pronounce judgment at any time after 
 such suspension within the longest period for which the defendant might 
 have been sentenced, whereupon the judgment shall be in full force and 
 effect, and the person shall be delivéred over to the proper officer to 
 serve his sentence. (99 v. 342.) 
 
 SECTION 13715. Revocation of sentence. The court or magistrate, 
 at any time during the term of probation, may revoke or modify its or- 
 der of execution of sentence and, at any time, when the ends of justice 
 will be subserved thereby and the good conduct and reform of the person 
 
LAW BULLETIN 345 
 
 so held in probation shall warrant it, may terminate the period of pro- 
 bation and discharge the person so held. If the court or magistrate has 
 not revoked the order of probation, the defendant at the end of the term 
 of probation, shall be discharged. (99 v. 342.) 
 
 SECTION 14769. No charge for water to extinguish fires in munici- 
 palities. No charge shall be made by the trustees or board for supplying 
 water for extinguishing fires or cleaning fire apparatus, or for furnish- 
 ing and supplying connections and fire hydrants, and keeping the same 
 in repair, for fire department purposes, or the cleaning of markethouses, 
 or for the use of public school buildings, or for the use of any public 
 buildings belonging to the corporation, or for any hospital, asylum, or 
 other charitable institution devoted to the relief of the poor, the aged, 
 infirm or destitute persons, or orphan children, and in cities of the first 
 grade of the first class the board of city commissioners may, when it 
 deems expedient, supply water without charge to any zoological garden 
 in or near such cities, so long as the company or association owning such 
 garden pays no dividend to its stockholders; but any member of such 
 board may at any time enter such garden and examine into any waste 
 or unnecessary use of the water, and the board may, at any time, revoke 
 the grant of such free use of water. (R.S. of 1880.) On same subject, 
 see G. C. Section 3963. 
 
346 
 
 DEPARTMENT OF PUBLIC WELFARE 
 
 EXCERPTS FROM OPINIONS OF ATTORNEY GENERAL 
 
 AND COURT CITATIONS 
 
 Arranged according to General Code Sections 
 
 Section No. 
 
 es 2s- 1, 
 
 Lands 
 
 No. 792. February 26, 1914. To Ohio Board of Adminis- 
 tration: 
 
 The Board of Administration is without authority to grant 
 permission to a corporation to lay a gas line through property 
 belonging to the state and under the control of such board. 
 
 No. 494. December 18, 1911. To Ohio Board of Adminis- 
 tration: 
 
 Board not authorized to lease any lands belonging to the 
 state for the purpose of drilling for oil or gas, or for any other 
 purpose. 
 
 June 23, 1922. To the Department of Public Welfare: 
 
 State owned lands may not be gratuitously assigned or 
 rented to a private organization for Chautauqua purposes. 
 
 These lands were acquired under and by virtue of a legis- 
 lative appropriation for a particular purpose, and must be used 
 for that purpose only until such time as the legislature affirma- 
 tively provides that the same may be used for some other pur- 
 pose. 
 
 April 11, 1922. To the Department of Public Welfare: 
 
 Athens Electric Company—Right of Way for an electric 
 power line across Athens State Hospital farm. 
 
 State has no legal authority to grant right of way. Such 
 right of way could be given only by legislative enactment. 
 
 However, the superintendent of a state institution may vol- 
 untarily and as a matter of accommodation permit such a line to 
 be placed on its property, where the location of the line works 
 no interference with the activities of the institution. But it 
 should be clearly understood that such permission might be at 
 any time revoked by the state for any reason satisfactory to it. 
 
 24 et seq. Receipts 
 
 86-105. 
 
 Bf 
 
 September 9, 1921. To the Department of Public Welfare: 
 
 Collections from the U. S. Government for special individ- 
 ual and statistical reports covering war risk patients in the 
 state hospitals must be paid into the State Treasury under Sec- 
 tion 24 G. C. 
 
 Clemency Board (Pardon and Parole) 
 See Opinions cited under Sections 2167-2175. 
 
 No. 608. September 10, 1917. To the Ohio Board of 
 Administration. 
 
 The Ohio Board of Clemency has no jurisdiction over the 
 correctional institutions of the state, namely, the Boys’ Indus- 
 trial school and the Girls’ Industrial School, their jurisdiction 
 being limited to penal institutions, namely, the Ohio State Re- 
 
LAW BULLETIN 347 
 
 Section No. 
 
 92. 
 
 93. 
 
 94. 
 
 98. 
 
 99. 
 
 formatory, the Ohio Reformatory for Women and the Ohio 
 Penitentiary. 
 
 No. 1697. December 10, 1920. To the Board of Clemency: 
 
 Commitments to the Ohio Reformatory for Women under 
 the provisions of Section 13031-17a G. C. (108 O. L., Part I, p. 
 731) are to be regarded as felony commitments, and are “for an 
 indeterminate period of time not less than one nor more 
 than three years in duration.” With said section, the provisions 
 of Section 2148-9 G. C. are entirely consistent. 
 
 Commitments to the Ohio Reformatory for Women under 
 the provisions of Section 13031-17b G. C. (108 O. L. Part I, p. 
 732) are to be regarded as misdemeanor commitments, and are, 
 pursuant to the provisions of said section, “for not more than one 
 year.” Said section is in the nature of an exception to the gen- 
 
 eral rule for misdemeanor commitments stated by Section 
 2148-9 G. C. 
 
 Cited: State v.. Schiller, 70 O. S. I.; State v. Jones, 5 O. N. 
 PP. 390,80, D.(N. P.) 645: 
 
 General Code Section 12399 does not, when read in connec- 
 tion with Section 93, attempt to withdraw the pardoning power 
 from the Governor; but merely forbids the board of pardons to 
 recommend for pardon a person convicted of murder in the first 
 degree. 
 
 Under Art. III, Sec. II, of the Constitution, the Governor is 
 authorized of his own motion to reprieve or suspend for a speci- 
 fied interval of time the execution of a prisoner under sentence 
 of death. Such reprieve is not conditional and the consent of 
 the prisoner thereto is unnecessary: Sterling v. Drake, 29 O. S. 
 457. 
 
 A full, unconditional pardon, delivered, is irrevocable; and 
 where a person imprisoned on a sentence for felony seeks a dis- 
 charge by habeas corpus, based on such pardon, the pardon hay- 
 ing been issued by the Governor pursuant to the constitution and 
 statute, on the certificate of the physician to the penitentiary 
 that the prisoner is in imminent danger of death, it is not com- 
 petent in this state, under existing statutes, to impeach such 
 pardon, in such proceeding, by proof that the physician’s cer- 
 tificate was obtained by false representations of the prisoner, 
 and his fraudulent acts, with respect to his health, such repre- 
 sentations having been made, and acts done, for the purpose of 
 obtaining such certificate and such pardon: Knapp v. Thomas, 
 39 O. S. 377. 
 
 No. 174. February 26, 1912. To the State Board of Ad- 
 ministration: 
 
 Inasmuch as Section 2169 General Code restricts regulations 
 of the Board of Administration with reference to applications 
 for parole to such prisoners as have served the “minimum 
 
348 
 
 DEPARTMENT OF PUBLIC WELFARE 
 
 Section No. 
 
 103. 
 
 105. 
 
 154-40. 
 
 sentence” prescribed by law for the crime for which they were 
 convicted, and as the minimum sentence provided for rape upon 
 a daughter is life imprisonment, a prisoner sentenced for such 
 crime can not become eligible for parole. The fact that such 
 prisoner’s sentence has been commuted does not change the 
 nature of the crime and therefore in no wise affects his eligibil- 
 ity for parole. 
 See Knapp v. Thomas, 39 O. S. 377. 
 
 A similar statutory provision with reference to reprieve 
 does not render invalid an unconditional reprieve which does not 
 change the nature of the punishment, but merely postpones the 
 time at which such punishment shall be inflicted, even if the 
 prisoner does not consent thereto: Sterling v. Drake, 29 O. S. 
 457. 
 
 Op. Atty. Gen. No. 230, April 12,1915, Vol. I, p. 435. 
 
 An appropriation for “prosecution and transportation of con- 
 victs” under the single specific heading “personal service” is 
 available to pay costs of apprehending parole violators under 
 section 103 G. C., the salaries and expenses of a parole officer 
 and field agents of the Girls’ Industrial Home, the Penitentiary, 
 the Boys’ Industrial School, under sections 2212-3 and 2215 G 
 C., and the costs of conviction and transportation fees payable 
 out of the state treasury under section 13727 G. C. 
 
 December 21, 1921. To the Department of Public Welfare: 
 
 If there are no vacancies on the board, the act of the ma- 
 jority would be binding provided the third member had notice 
 and opportunity to be present. Two members cannot act if there 
 is a vacancy on the board. 
 
 The commutation of the punishment of a lunatic convict by 
 the Governor is valid and takes effect without the acceptance or 
 consent of the convict, and cannot be defeated or invalidated by 
 the convict’s rejection or refusal of it when restored to reason. 
 Accordingly, the commutation of a death sentence to life im- 
 prisonment made while the convict is insane is valid, and after 
 the convict is restored to reason he cannot be released on habeas 
 corpus: Ex parte Victor, 31 O. S. 206. 
 
 A reprieve takes effect without the consent of the convict, 
 and upon the expiration of the time fixed for the reprieve, the 
 original sentence may be carried into effect: Sterling v. Drake, 
 29 O. S. 457. 
 
 Construction 
 
 See citations under sections 2314-2332. 
 
 No. 2935. March 17, 1922. To the Department of Public 
 Welfare: 
 
 Department of Welfare has the authority to prepare plans 
 and specifications, open bids and enter into contract for all 
 capital equipment. 
 
 Plans and specifications must receive the approval of 
 
Section No 
 
 154-40. 
 
 486-1- 
 486-31. 
 
 LAW BULLETIN 349 
 
 the Highway Department as the successor to the state building 
 commission. Welfare Department may require assistance from 
 Highway Department in drawing plans, etc. 
 
 Purchase of all supplies, such as electric wire where work 
 is to be done by prison labor or regular employes of the institu- 
 tion, must be made by Department of Finance, Purchasing De- 
 partment, 
 
 No. 2407. To the Department of Public Welfare: 
 
 Department of Highways and Public Works has no power 
 in connection with the installation, remodeling and repairing of 
 steam and electric power plant, transmission and distribution 
 systems, other mechanical equipment, and structures other than 
 buildings at the state institutions. 
 
 Department of Public Welfare to decide whether or not re- 
 pairs on buildings at state institutions under its jurisdiction 
 shall be made, and also the function of that department to say 
 what those repairs shall consist of. This decision made, it then 
 becomes the duty of the Highway Department to carry forward 
 the work of making these repairs. 
 
 The action of the controlling board approving an applica- 
 tion made to it is to authorize the expenditure of moneys ap- 
 propriated for “total personal service” and “total maintenance” 
 otherwise than in accordance with the interior classification of 
 detailed purposes, but within the main purpose for which such 
 appropriations are made. 
 
 Civil Service 
 
 No. 11. January 18, 1915. To State Civil Service Com- 
 mission of Ohio: 
 
 When the state civil service commission has certified to a 
 board the names of the three candidates standing highest, said 
 commission has no authority to certify the three next highest to 
 said board, merely because said board is unable to agree upon 
 anyone for the position. 
 
 No. 662. December 23, 19138. To State Civil Service Com- 
 mission of Ohio: 
 
 Head of sub-department under classified civil service may 
 not have assistants in unclassified service. 
 
 No. 789. September 5, 1915. To State Civil Service Com- 
 mission of Ohio: ; 
 
 Provision for certifying incumbents under section 486-31 
 G. C. civil service act, valid. 
 
 No. 824. September 14, 1915. To Auditor of State: 
 
 When civil service commission certifies pay-roll upon which 
 salary warrant is drawn, person entitled to such warrant. When 
 commission fails to certify, not entitled to warrant. No eligible 
 lists, the incumbent of position may be appointed provisionally. 
 Provisional appointments are under section 486-14 of civil service 
 
350 
 
 DEPARTMENT OF PUBLIC WELFARE 
 
 Section No. 
 
 486-1- 
 486-31. 
 
 law. No “emergency” where there is a qualified person eligible 
 for provisional appointment. Salary of office follows office. 
 Right of employe to recover compensation as such depends upon 
 actual performance of service. Employes discharged in viola- 
 tion of civil service law cannot recover compensation from state, 
 even though vacant places have not been filled meanwhile and no 
 salary paid to other persons. 
 
 No. 958. May 28, 1914. To State Civil Service Commis- 
 sion: 
 
 Superintendents or managing officers of institutions under 
 control of Ohio Board of Administration not placed in unclassi- 
 fied service. Practicability of competitive examination of ap- 
 plicant shall be determined by state civil service commission. 
 
 No. 977. November 6, 1915. To State Civil Service Com- 
 mission of Ohio: 
 
 Filing of formal application within a reasonable time prior 
 to proposed examination is mandatory. If applicant permitted 
 to take examination, board cannot subsequently question his 
 right. 
 
 No. 1348. December 20, 1914. To State Civil Service Com- 
 mission of Ohio: 
 
 Employes in classified service who were appointed for a 
 definite term continued in such employment for an indefinite 
 period by civil service act. Employment or office does not termi- 
 nate at the expiration of appointed term. 
 
 No. 1649. June 2, 1916. To Prosecuting Attorney, Toledo: 
 
 Persons in classified service may not be appointed to offices 
 or positions in unclassified service without their consent and ap- 
 proval of proper civil service commission. 
 
 Unless both members of the state civil service commission 
 concur in a judgment disaffirming the order of removal, such 
 order of removal is not affected. Such failure to concur does 
 not confer upon the courts the right to determine the propriety 
 of such order in an injunction suit: Industrial Commission v. 
 Evans, 99 O. S. 56. 
 
 No. 447. July 14, 1917. To the Ohio Board of Adminis- 
 tration: 
 
 If the sums appropriated for personal service are not suf- 
 ficient in amount to pay the rates specified by the Civil Service 
 Commission, the appointing authority, or the controlling board, 
 is not required to secure additional funds in order to enable such 
 payments to be made; but if such additional sums are not se- 
 cured, no compensation at all may be paid on account of the posi- 
 tions affected by such failure; so that such positions are in 
 affect abolished by such failure to secure additional funds. 
 
 No. 795. November 20, 1917. To the State Civil Service 
 Commission: 
 
LAW BULLETIN 351 
 
 Section No. 
 486-1-_ 
 486-31. 
 
 1. Under the provisions of the civil service law an appeal lies 
 to the civil service commission from orders of reduction, lay- 
 off or suspension. The civil service commission is warranted 
 in sustaining such appeal only when it is clearly and af- 
 firmatively shown that such reduction, lay-off or suspension 
 was on account of political or religious affiliation, or was 
 made from other motives not founded upon the efficiency of 
 the administration or the good of the public service. Unless 
 such state of facts be clearly shown,—the presumption in 
 favor of the propriety of official acts requires the dismissal 
 of such appeals. 
 
 2. The heads of departments may reduce the salary of an em- 
 ploye in the classified civil service whose position does not 
 fall within any of the groups for which the legislature has 
 established salary schedules, provided such reduction be not 
 made for any of the improper motives prohibited by the 
 civil service law. 
 
 38. An employe appointed from a state-wide eligible list is 
 under the control of the head of the department who, in the 
 proper management of the affairs of such department, may 
 require the services of such employe in different localities 
 from time to time as the exigency of public service requires, 
 so long as the transfer is not from one department to 
 another in violation of section 16 of the civil service law. 
 
 4. Where a state has been divided into districts by a depart- 
 ment for its own administration, employes in one district may 
 be removed to another district by the head of such department 
 without the approval of the civil service commission, but 
 subject to the rules above given as to the reasons for such 
 transfer if the same amount to any discrimination in posi- 
 tion against such employes. 
 
 No. 1257. June 38, 1918. To the State Civil Service Com- 
 mission: 
 
 A leave of absence from duty by an employe in the state 
 civil service, either with or without pay, is not a separation from 
 the service within the meaning of section 468-16 G. C. 
 
 The State Civil Service Commission has authority to pro- 
 vide by rule that leave of absence be reported to them when such 
 leave of absence is under such circumstances or for such length 
 of time that they may be required to supply an employe tem- 
 porarily to perform the duties of the position. 
 
 No leave of absence could be granted which by its terms is 
 to extend for a period beyond a year. 
 
 Whenever an employe is properly absent upon leave of ab- 
 sence, he has the right to return at the end of the period of such 
 leave and resume his position. 
 
 L B Sig 23 
 
352 
 
 DEPARTMENT OF PUBLIC WELFARE 
 
 Section No. 
 
 486-1- 
 486-31. 
 
 One who is not engaged in the same line and character of 
 work as that of superintendent of the state school for the blind 
 is ineligible under Rule VIII, Section 2 of the State Civil Service 
 Commission, which by G. C. Section 486-7, as enacted in 103 v. 
 698 (700), had the force and effect of law, for promotion to such 
 position of superintendent of the state school for the blind: 
 State, ex rel., v. Ohio Board of Administration, 92 O. S. 457. 
 
 Since this section, as enacted in 103 v. 698 (700), provided 
 that the rules of the state civil service commission shall have the 
 force and effect of law, Rule VIII, Section 2, which provides, 
 “No person shall be eligible for promotion from a position in any 
 grade to fill a vacancy in the next higher grade unless the posi- 
 tion in which he is employed at the time of the examination is 
 in the same line and character of work as the position to be 
 filled,” deprives the civil service commission of power to certify 
 one for promotion who is not employed, at the time of the 
 examination, in a position in the same line and character of work 
 as the position to be filled: State, ex rel., v. Ohio Board of Ad- 
 ministration, 92 O. S. 457. 
 
 Under G. C. Secton 486-11, which authorizes the state civil 
 service commission to pass upon questions of the physical abil- 
 ity of applicants, the state board of administration cannot de- 
 clare that one who is totally blind is physically unfit for the 
 position of superintendent of the state school for the blind; al- 
 though such physical disability may be considered by the board 
 of administration in making its appointment from the certified 
 list under G. C. 486-18: State, ex rel., v. Ohio Board of Admin- 
 istration, 92 O. S. 457. 
 
 Under this section it is for the state civil service commission 
 to determine whether an applicant is physically disabled so as 
 to be rendered unfit for the performance of the duties which he 
 seeks; and appointing officers, such as the state board of admin- 
 istration, have no power to determine such question. The ap- 
 pointing power, such as the board of administration, how- 
 ever, has the right to take into consideration the physical 
 condition of applicants in making its selection from the certified 
 list under G. C. Sec. 486-13: State, ex rel., v. Ohio Board of 
 Administration, 92 O. S. 457. 
 
 After the state board of administration has requested the 
 state civil service commission of Ohio to furnish it a list of 
 names of persons eligible for appointment to the position of 
 superintendent of the state school for the blind, it cannot be 
 heard to claim that it is not practicable to determine the merit 
 and fitness of applicants for that positoin by competitive exam- 
 ination: State, ex rel., v. Ohio Board of Administration, 92 O. 
 S. 457. 
 
 The appointing authority may demand that the civil service 
 commission certify a list containing at least three names, before 
 
LAW BULLETIN 353 
 
 Section No. 
 
 486-1- making an appointment, but where a list is submitted containing 
 
 486-31. less than three names and the appointing authority accepts the 
 list and makes the appointment, such appointment is valid: 
 State, ex rel., v. Lesser, 94 O. S. 387. 
 
 No. 1180. April 24,1920. To the State Civil Service Com- 
 mission: 
 
 Civil Service—Persons occupying positions in classified ser- 
 vice—Section 486-23 G. C. applicable—Political activity of such. 
 persons prohibited. 
 
 Lack of money with which to pay a salary is not a ground 
 of removal. Steubenville v. Boucher, 10 Ohio App. 178, 29 O. 
 GC. A. 415,81 0. C. D. 164. 
 
 An honest mistake in judgment is not misbehavior, such as. 
 to justify removal from office: State v. Roll, 1 Dec. Rep. 298, 7 
 We Booed 21. 
 
 The misconstruction of a statute, about which there may be 
 an honest difference of opinion, is not such evidence of incom- 
 petency as to warrant the removal of an officer. State, ex rel.,. 
 v. Hoglan, 64 O. S. 532. 
 
 The state civil service commission in the hearing of an ap- 
 peal from an order of removal of an employe, under the pro- 
 visions of G. C. Section 486-17a (106 v. 412), is limited to a con-. 
 sideration and determination of the existence of the statutory 
 ground or grounds upon which the order of removal was based 
 by the appointing authority: State ex rel., v. Board of Agri- 
 culture, 95 O. S. 276. 
 
 The provision of G. C. Section 486-17a, that in all cases of 
 removal the appointing authority shall furnish the employe its 
 reasons for the order of removal, is mandatory and the failure 
 of the appointing authority to comply with this provision is 
 fatal to such order and the same is a nullity: State, ex rel., v. 
 Board of Agriculture, 95 O. S. 276. 
 
 Since an appeal to the state civil service commission can be 
 taken only within ten days, the act of the removing officer in 
 sending a written statement to the state civil service commission 
 two months after the removal and furnishing a copy of such 
 statement to the officer who is removed three months after such 
 removal, is not a compliance with the provisions of this section 
 which requires the appointing authority, in case of removal, to 
 furnish the employe with a copy of the order of removal and his 
 reasons for the same: State, ex rel., v. Board of Agriculture, 
 95 O. S. 276. 
 
 Mandamus will lie to compel the superior officer to recog- 
 nize, as an employe, one who has been removed without legal 
 cause: State, ex rel., v. Fosdick, 25 O. C. C. (N. S.) 241. 
 
 Under G. C. Section 486-17a the discharged employe must 
 exhaust his remedies under the civil service law before the court 
 has jurisdiction. This sectoin is mandatory and unless complied 
 with the employe is without remedy at law: State, ex rel., v. 
 Fosdick, 15 O. N. P. (N. 8S.) 630. 
 
354 
 
 DEPARTMENT OF PUBLIC WELFARE 
 
 Section No. 
 
 486-18. 
 
 1352-1. 
 
 1352-3. 
 
 Since this section provides for the removal of a public of- 
 ficer or employe for certain specified grounds, and provides for 
 furnishing him with a copy of the order of removal and of the 
 reasons for ordering such removal, no right of appeal is secured 
 to an employe who is removed for any reason other than those 
 specified in the statute and to whom no copy of the order of 
 removal or the reasons for such order is given. Accordingly, 
 such employe may maintain an action in mandamus to compel 
 his superior officer to show cause why the plaintiff should not 
 be permitted to continue to hold such office; and demurrer will 
 not lie to a petition in mandamus which alleges such facts: State, 
 ex rel., v. Bigbee, 20 O. N. P. (N. S.) 118, 28 O. D. (N. P.) 46. 
 
 The records of efficiency which are to be made by each 
 department are not the efficiency re cords of the civil service 
 commision, which are to be made up by the civil service com- 
 mission from its own investigation. 
 
 Division of Charities 
 
 A minor child is surrendered by its parents, non-residents 
 of Ohio, to a society incoporated under the laws of New York 
 for the purpose of caring for and placing children. Said New 
 York society placed said child with a family residing in Cleve- 
 land, Ohio, which family now desires to adopt said child in ac- 
 cordance with the adoption laws of Ohio. 
 
 The department of public welfare, through the division of 
 charities, may, under authority of section 1352-1 G. C. investi- 
 gate and certify a child-caring organization incorporated under 
 the laws of another state and desirious of placing children in 
 private homes in the state of Ohio. 
 
 However, such non-Ohio organization, before placing chil- 
 
 ‘dren in Ohio, must first comply with the provisions of section 
 
 16077 GC; 
 
 Under the provisions of section 8025 G. C., paragraph “f”, 
 said New York society can give the legal consent to the adop- 
 tion in Ohio of said child, if and when said society has received 
 the certificate mentioned in section 1352-1 G. C. and has fully 
 complied with the provisions of section 1677 G. C. Op. Atty. 
 Gen. (1922), p. 517. 
 
 There is no statutory duty imposed upon the board of state 
 charities to prosecute violation of section 1352-1 G. C. for re- 
 ceiving children or soliciting money on behalf of an institution 
 not having the certificate of the board, enabling it to assume the 
 care of children, but in the nature of the case it is appropriate 
 for the department to enforce the observance of this law and 
 inaugurate prosecution for its violation. Op. Atty. Gen. (1918), 
 p. 359. 
 
 In cases where the Board of State Charities transfers its 
 wards to the Soldiers’ and Sailors’ Orphans’ Home, the guardian- 
 
LAW BULLETIN 355 
 
 Section No. 
 
 _ ship of the board, as provided in section 1352-3 G. C., does not 
 
 1352-4. 
 
 1352-5. 
 1352-8. 
 
 cease. 
 
 When children are transferred from a county, district or 
 semi-public children’s home, or other institution, to the Board of 
 State Charities, there is no provision of law whereby said chil- 
 dren may be re-transferred by the Board of State Charities to 
 the district home or other institution from which they came. 
 Op. Atty. Gen. (1918), p. 1249. 
 
 No. 2900. February 25, 1922. To the Bureau of Inspec- 
 tion and Supervision of Public Offices: 
 
 Dependent children, temporarily committed by the juvenile 
 court, to the care and custody of the board of state charities 
 (now Department of Public Welfare, Division of Charities), 
 under the provisions of section 1672 G. C. may in turn be placed 
 temporarily in the home of a mother or parent by said board 
 under the provisions of section 1352-3 G. C. for a period of time 
 not to exceed twelve months, subject to the court’s approval, 
 when the mother or parent is morally a fit custodian, and the 
 home provided by her is free from evil influences which may be 
 considered detrimental to the child’s welfare. 
 
 In accordance with Section 1352-3 G. C., a dependent child 
 may be placed in the home of its parents provided said parents 
 are morally responsible. Attorney General sustains procedure 
 of department in placing dependent (not delinquent) children in 
 the home of their parents and charging the county for clothing, 
 board, and other necessary supplies. 
 
 Opinion July 26, 1921. To Department of Public Welfare: 
 Commitments made by juvenile courts should be to the De- 
 partment of Public Welfare, Division of Charities. 
 
 See Opinions of Attorney General No. 2900, (1922), cited 
 under Section 1672. 
 
 Under the provisions of section 1352-4 G. C. the amount of 
 board paid for the care of such child, and the expense of pro- 
 viding suitable clothing and personal necessities is chargeable 
 by the board of state charities (now the Department of Public 
 Welfare, Division of Charities) to the county from which such 
 child was committed, and the duty of the county treasurer, upon 
 the warrant of the county auditor to pay such expense, is man- 
 datory. 
 
 October 27, 1922. To the Department of Public Welfare: 
 
 Expense incurred for treatment of crippled child must be 
 paid by Board of Charities in first instance from Rotary Fund, 
 which fund is subsequently reimbursed by payments received 
 from county. 
 
 It is to be noted that section 1352-4 G. C. (109 O. L. 362) 
 provides for charging board, etc. “to the county from which such 
 child was committed or transferred as provided in sections 
 
356 
 
 Section No. 
 
 1362-— 
 1366. 
 
 DEPARTMENT OF PUBLIC WELFARE 
 
 1352-3, 1352-5 and 1352-8” (the last cited section referring to 
 crippled children committed to the board of state charities tem- 
 porarily for treatment). In other words, the obligation of the 
 county under section 1352-4 G. C. extends only to children com- 
 mitted to the state’s care. Children received by state institu- 
 tions informally and not by virtue of a statutory proceeding are 
 not included in said section. 
 
 The legislature has established the juvenile court in the 
 exercise of its police power, to protect children and to remove 
 them from evil influences: Children’s Home v. Fetter, 90 O. S. 
 110. 
 
 Where a delinquent child has become a ward of the juvenile 
 court and it has been committed to an institution, under the pro- 
 visions of the General Code relating to the juvenile court, a pro- 
 ceeding in habeas corpus by a parent against the institution or 
 its officers for the custody of the child will not lie: Children’s 
 Home y. Fetter, 90 O. S. 110. 
 
 Commission for Blind 
 
 No. 456. July 24, 1917. To the Ohio Commission for the 
 Blind: 
 
 The commission for the blind has authority under General 
 Code Section 3666 to employ persons to sell the products of the 
 industry of their said wards and to pay for making such sales 
 either by salary or commission, or by a combination of both 
 methods. 
 
 No. 1617. October 15, 1920. To the Ohio Commission for 
 the Blind: 
 
 1. A person is not ineligible to admission to the county home 
 merely because he or she is a blind imbecile. 
 
 The judge of the juvenile court, when satisfied that a blind 
 child is not being properly educated at home, and will be 
 benefited by attendance at the state school for the blind, and 
 that such child is a suitable person to receive instruction 
 therein, may, pursuant to section 7780 G. C., send or commit 
 such child to the state school for the blind in the manner 
 provided by law. 
 
 bo 
 
 3. It is not illegal for blind inmates of county homes to per- 
 form labor for the Ohio Commission for the Blind at times 
 when their services are not required by the superintendent 
 or matron for the maintenance of the county home or the 
 care of its inmates; nor is it illegal for the county commis- 
 sioners to permit such inmates to retain for their own use 
 insignificant sums of money received by said blind inmates 
 from the Ohio Commission for the Blind as compensation for 
 such labors. 
 
LAW BULLETIN 357 
 
 Section No. 
 
 1639- 
 1683-1. 
 
 1642. 
 
 1642. 
 
 Opinion December 8, 1921. To the Department of Public 
 Welfare: 
 
 Ohio Commission for the Blind is a part of the Department 
 of Public Welfare for administrative purposes only, and 
 authority of the Director of Public Welfare does not extend to 
 the control of the functions or powers conferred upon or vested 
 in the Commission for the Blind, but is limited to that expressly 
 and specifiically vested in him by Section 154-58. 
 
 Juvenile Court 
 
 Where the probate court, after acquiring jurisdiction over a 
 minor child, orders it to be committed to the children’s home of 
 the county and there kept in custody until the further order of 
 the court, without making an express finding that the child is 
 dependent, and later awards the custody of the child to its 
 mother, in a subsequent habeas corpus proceeding brought by 
 the father against the mother, the common pleas court will not 
 award the custody of the child to the father on the ground that 
 the action of the probate court over the child continues during 
 its minority: State v. Metzgar, 59 Bull. 45 (Ed.). 
 
 Because of the age limitation imposed by section 1653-1 G. 
 C., a delinquent female minor child under the age of ten years 
 cannot legally be committed to the Girls’ Industrial School by 
 the probate court, in the exercise of its juvenile jurisdiction. 
 
 Disposition of such a child should be made in one of the 
 ways provided by sections 1652 and 1352-5 G. C. Op. Atty. Gen. 
 (1919), p. 673. 
 
 The juvenile court has jusisdiction over and with respect to 
 all delinquent, neglected and dependent minors within the county, 
 and the fact that some or all of the acts of misconduct upon 
 which a delinquency charge is based were committed outside of 
 the county does not rob the court of its jurisdiction to determine 
 the status of the child and proceed accordingly. Op. Atty. Gen. 
 (1918), p. 840. 
 
 In the administration of the juvenile act, good policy in most 
 cases suggests that the juvenile court of the county of the 
 minor’s residence be permitted to determine the minor’s status. 
 
 Where a minor child under the age of eighteen years is a 
 resident of A county, but while in W county violates 
 a law of the state of Ohio, such minor may, as a matter of law, 
 be proceeded against as a juvenile delinquent person in either 
 the juvenile court of A county, or the juvenile court of 
 W county. 
 
 The court first acquiring the jurisdiction would, however, 
 retain it to the exclusion of any other court, until the case were 
 finally disposed of. Op. Atty. Gen. (1919), p. 648. 
 
358 
 
 DEPARTMENT OF PUBLIC WELFARE 
 
 Section No. 
 
 A minor of the age of 17 years commits an act of de- 
 linquency and in so doing is induced and aided by an adult. 
 Affidavits are filed against both the minor and the adult. Each 
 is apprehended and brought into court, being served with proper 
 process for that purpose. By order of the court said cases are 
 continued for a period of one month. In the meantime said 
 minor arrives at the age of 18 years. Held: That while this 
 question is not free from doubt, the liberal construction required 
 by section 1683 G. C. to be given the juvenile act suggests the 
 desirability of applying the following as the proper adminis- 
 trative rule, until court decision holds contra: That the juvenile 
 court does not lose its jurisdiction over said minor nor over the 
 adult defendant, but may proceed to hear and determine said 
 cases, even though said minor is not, at the time of said hearing 
 and determination, under the age of 18 years. Op. Atty. Gen. 
 1079. March 16, 1920. 
 
 The juvenile court has no jurisdiction in a bastardy pro- 
 ceeding, even where the defendant and the mother of the child 
 are under 16 years of age. Op. Atty. Gen. (1917), p. 2228. 
 
 A boy came into the custody of the juvenile court prior to 
 his becoming eighteen years of age and was placed on proba- 
 tion by the court upon certain conditions. After arriving at the 
 age of eighteen years he violated this probation. Held, if the 
 violation of probation in this case consisted of a violation of 
 some rule of conduct imposed by the juvenile court upon this 
 boy prior to his becoming eighteen years of age, the juvenile 
 court can now deal with such boy in exactly the same manner 
 as if he were still under eighteen years of age, except that the 
 court is without authority to commit such boy to the boys’ in- 
 dustrial school. If, however, the violation of probation con- 
 sisted of the commission of some offense against the state laws 
 or local ordinances since such boy became eighteen years of 
 age, the juvenile court has no jurisdiction in the punishment of 
 such offense and the boy should be proceeded against in the same 
 manner and in the same court as though he were an adult. Op. 
 Atty. Gen. (1917), p. 1914. 
 
 Under this section the jurisdiction over an incorrigible child 
 continues until he attains the age of twenty-one: Children’s 
 Home v. Fetter, 90 O. S. 110. 
 
 Under this section a court may make an order permitting an 
 incorrigible child to make his home with his father on certain 
 days of the week, and with his mother on the remaining days of 
 the week, subject to certain conditions and provided that final 
 judgment of commitment to any other person, place, or institu- 
 tion, should be suspended as long as such child should comply 
 with such conditions, in the opinion of the judge, without losing 
 jurisdiction of such case; and the court may thereafter remove 
 such child from the custody of its parents and commit it to a 
 county children’s home: Children’s Home v. Fetter, 90 O. S. 110. 
 
LAW BULLETIN 359 
 
 Section No. 
 
 1643. | 
 
 1644. 
 
 Under section 1643 G. C., for all necessary purposes of dis- 
 cipline and protection, when a child under the age of eighteen 
 years comes into the custody of a juvenile court, under the pro- 
 visions of the juvenile court act, such child shall continue a ward 
 of the court and under its continuing jurisdiction until such child 
 attains the age of twenty-one years or is adopted under section 
 1672 G. C., and such facts being made to appear in a juvenile 
 court of another county in a subsequent proceeding therein, the 
 latter court is without jurisdiction to permanently commit said 
 child under section 1653 et seq. G. C., but pending the final hear- 
 ing may make necessary orders for the temporary well. being of 
 such child. Op. Atty. Gen. (1919), p. 591. 
 
 Dependent girls committed by the juvenile court to the tem- 
 porary care and custody of the board of state charities, remain 
 under the legal control and guardianship of the court until they 
 attain the age of twenty-one years, should such commitment for 
 temporary care endure that length of time. Op. Aty. Gen. 1595. 
 September 27, 1920. 
 
 In a prosecution for contributing to the delinquency of a 
 minor, the affidavit, in order to charge a crime, must allege tha’ 
 the minor is under eighteen years of age, and is a delinquent 
 within the meaning of the statute, and that the defendant is 
 guilty of contributing to such delinquency: Willison v. State, 3 
 Ohio App. 244, 21 0. C. C. (N. 8.) 526. 
 
 Where the charge of the court, taken in its entirety, is such 
 that it is evident that the jury understood it in a manner so as 
 to apply the law correctly, it will not be held erroneous, even 
 though it contains some statements that are not strictly clear or 
 proper: Smith v. State, 14 0. C. C. (N. S.) 257, 24 O. C. D. 661. 
 
 A person owning and conducting a house of ill-repute is 
 guilty of contributing to the delinquency of a minor under sey- 
 enteen years of age, where it is shown that such minor was 
 admitted by a person apparently acting as a servant or employee 
 and making no inquiry as to the age of the minor: Smith v. 
 State, 14 0. C. C. (N. S.) 257, 24 O. C. D. 661. 
 
 Delinquency has not been declared a crime in Ohio, and the 
 Ohio juvenile act is neither criminal or penal in its nature, but 
 is an administrative police regulation of a corrective character; 
 and while the commission of a crime may set the machinery of 
 the juvenile court in motion, the accused was not tried in that 
 court for his crime, but for incorrigibility: In re Januszewski, 
 196 Fed. 123, 10 O. L. R. 151. 
 
 The keeper of a pool table in a pool room at a public place 
 where no billiard tables are kept, who permits a minor under 
 the age of eighteen years to be and remain in such pool room, 
 is amenable to criminal prosecution under sections 12962 and 
 12963 of the General Code of Ohio. Op. Atty. Gen. (1919), p. 
 320. 
 
360 
 
 DEPARTMENT OF PUBLIC WELFARE 
 
 Section No. 
 
 1645. 
 
 1647. 
 
 1650. 
 
 When the juvenile court finds a girl over 16 years to be 
 delinquent, such court is not required to send her to the Ohio 
 Reformatory for Women, but may, if it sees fit, send her to such 
 institution or to the Girl’s Industrial School, or other institution 
 for juvenile delinquency. Op. Atty. Gen. (1917), p. 974. 
 
 When a juvenile court has found a minor to be delinquent 
 such court may impose a fine not exceeding $10.00, by reason 
 of the provisions of section 1654 General Code. 
 
 There is no provision in law for appealing or prosecuting 
 error from the judgment of a juvenile court. 
 
 A juvenile judge has exclusive jurisdiction in all but felony 
 cases with respect to minors under 18 years of age. Op. Atty. 
 Gen. (1917), p. 1586. 
 
 No. 1548. May 5,1916. To Board of State Charities: 
 
 When illegitimate child is “dependent child” under section 
 1645 G. C. juvenile court of county in which child is found has 
 jurisdiction in such case. 
 
 General Code §§ 1647 and 1648, conferring on juvenile courts 
 authority to determine cases involving delinquent, neglected and 
 dependent children, do not supersede G. C. § 11987, empowering 
 common pleas courts to make orders for the disposition, care 
 and maintenance of children of parents involved in divorce pro- 
 ceedings: Orphan Asylum v. Soule, 24 O. C. C. (N. S.) 151, 26 
 O. C. D. 135, 60 Bull. 449 (Ed.), 60 Bull. 473 (Ed.) [citing in re 
 Crist, 89 O. S. 33; Children’s Home v. Fetter, 90 O. S. 110]. 
 
 A court of common pleas, having made an order concerning 
 the disposition of a minor child of parents involved in divorce 
 proceedings, has continuing jurisdiction of such child, preclud- 
 ing a juvenile court from taking independent jurisdiction 
 thereof. If the best interests of the child demand a change of 
 custody the proper procedure is by application to the common 
 pleas court to modify its former order: Orphan Asylum v. Soule, 
 240. C. C. (N. S.) 151, 26 O. C. D. 135, 60 Bull. 449 (Ed.), 60 
 Bull. 473 (Ed.) [citing in re Crist, 89 O. S. 33; Children’s Home 
 v. Fetter, 90 O. S. 110]. 
 
 The principle that the court first obtaining jurisdiction of 
 a subject-matter retains exclusive jurisdiction and authority 
 until final disposition, applies to jurisdiction of a dependent 
 child, concerning which a common pleas court has made an order 
 for the custody in divorce proceedings, and a juvenile court has 
 no authority to make an order for the disposition of such child: 
 Orphan Asylum v. Soule, 24 0. C. C. (N. S.) 151, 26 O. C. D. 
 135, 60 Bull. 449 (Ed.), 60 Bull. 473 (Ed.) [citing In re Crist, 
 89 O. S. 33; Children’s Home v. Fetter, 90 O. S. 110]. 
 
 This section, which authorizes the judge to determine the ques- 
 tion of delinquency without a jury, is not rendered invalid by 
 Art. I, § 5, of the constitution of Ohio, which provides that the 
 
LAW BULLETIN 361 
 
 Section No. 
 
 1652. 
 
 _ right of trial by jury shall be inviolate; nor is it rendered in- 
 
 valid by the fourteenth amendment to the constitution of the 
 United States, which provides that no one shall be deprived of 
 life, liberty, or property, without due process of law: In re 
 Januszewski, 196 Fed. 123, 10 O. L. R. 151. 
 
 Inasmuch as the privileges and immunities of a citizen of 
 the United States do not include the right to trial by jury in a 
 state court even for a state offense or the right to be exempt from 
 trial for an infamous crime except upon presentment by a grand 
 jury, it follows that a jury trial is not essential in all cases to 
 due process of law; and the commitment of the petitioner to the 
 boys’ industrial school for incorrigibility by the juvenile court of 
 Cuyahoga county was not rendered invalid by reason of the fact 
 that it was without the intervention of a jury, notwithstanding 
 the charge in the affidavit upon which he was arrested was that 
 he was a delinquent in that he maliciously and purposely shot 
 R. M. with intent to kill. In re Januszewski, 196 Fed. 123, 10 
 Onis Lal: 
 
 No. 319. May 8, 1915. To Judge of Juvenile Court, Byran, 
 Ohio: 
 
 Juvenile court judge is without authority to commit youth 
 over eighteen years of age to Boys’ Industrial School, notwith- 
 standing status of delinquency attached to youth prior to arriv- 
 ing at age of eighteen. 
 
 No. 1028. November 17, 1915. To Prosecuting Attorney, 
 Wapakoneta, Ohio: 
 
 Expenses of requsition in apprehending a person charged 
 with commission of felony who proves to be a juvenile and is 
 tried in juvenile court and sentenced to Ohio State Reformatory, 
 cannot be paid by state, but are paid by county. 
 
 No. 1258. February 10, 1916. To Prosecuting Attorney, 
 Akron, Ohio: 
 
 If upon the hearing of a delinquent male child, it appears 
 that his delinquency is due to his having committed a felony 
 and he is at the time of the hearing sixteen years of age or over, 
 he may be committed to the Ohio State Reformatory. 
 
 Under this section a court may make an order permitting an 
 incorrigible child to make his home with his father on certain 
 days of the week, and with his mother on the remaining days of 
 the week, subject to certain conditions and provided that final 
 judgment of commitment to any other person, place or institu- 
 tion should be suspended as long as such child should comply 
 with such conditions, in the opinion of the judge, without losing 
 jurisdiction of such case; and the court may thereafter remove 
 such child from the custody of its parents and commit it to a 
 county children’s home: Children’s Home v. Fetter, 90 O. S. 
 110. 
 
 This section is not in conflict with G. C. § 1681. This section 
 provides a different place for the confinement of delinquent chil- 
 
362 
 
 DEPARTMENT OF PUBLIC WELFARE 
 
 Section No. 
 
 1652. 
 
 dren over sixteen years of age from the places of confinement to 
 which other delinquent children may be committed, namely to 
 the Ohio state reformatory; while G. C. § 1681 provides that de- 
 linquent children of any age charged with a felony may be 
 indicted and subjected to the provisions of the general criminal 
 statutes: Leonard v. Licker, 3 Ohio App. 377, 23 O. C. C. (N. 
 S.) 422 [citing Prescott v. State, 19 O. S. 184]. 
 
 The provisions of the General Code relating to delinquent 
 children are reformatory in their nature and not penal. Ac- 
 cordingly, the provisions of this section that, “where it appears 
 upon the hearing that such delinquent child is sixteen years of 
 age, or over, and has committed felony” he may be committed 
 to the Ohio state reformatory, are not unconstitutional: Leonard 
 v. Licker, 3 Ohio App. 377, 23 O. C. C. (N. S.) 442 [citing Pres- 
 cott v. State, 19 O. S. 184]. 
 
 The Ohio state reformatory is a prison for persons who are 
 convicted of felonies and committed thereto by a sentence of the 
 court following such conviction; while for delinquent children 
 who have been committed thereto after having committed an act 
 which constitutes a felony, it is only a school or place of reforma- 
 tion: Leonard v. Licker, 3 Ohio App. 377, 23 O. C. C. (N. S.) 
 442 [citing Prescott v. State, 19 O. S. 184]. 
 
 General Code § 1681 is discretionary and not mandatory, 
 and a delinquent child charged with a felony may be committed 
 as provided in this section or recognized to the court of common 
 pleas, subject to the requirements of the general criminal laws 
 of the state, at discretion of the juvenile judge: Leonard v. 
 Licker, 3 Ohio App. 377, 23 O. C. C. (N. S.) 442 [citing Prescott 
 v. State, 19 O. S. 184]. 
 
 In case of the separation of parents, the custody of an 
 epileptic son who is twenty years of age and an inmate of an 
 epileptic hospital will be granted to the father, the evidence 
 showing that he is a suitable and proper person to look after 
 the interests of such child: Patterson v. Patterson, 12 O. N. P. 
 (N.S.) 601, 57 Bull. 273 (Ed.). 
 
 If husband and wife have separated, the custody of the 
 children is to be granted so as to secure the best interests of such 
 children: Patterson v. Patterson, 12 O. N. P. (N. S.) 601, 57 
 Bull. 273 (Ed.). 
 
 Repugnancy of a state statute to the constitution of the 
 state does not afford ground for the granting of a writ of habeas 
 corpus by a federal court upon application of one convicted 
 thereunder, unless the petitioner is in custody by virtue of such 
 statute and the statute is in conflict with the constitution of the 
 United States: In re Januszewski, 196 Fed. 123, 10 O. L. R. 151. 
 
 A boy over sixteen years of age is committed to the Ohio 
 state reformatory by the juvenile court by virtue of section 1652 
 of the General Code. The state is not liable for the costs in the 
 
LAW BULLETIN 363 
 
 Section No. 
 
 1653. 
 
 1653-1. 
 
 case. Such costs must be paid from the county treasury upon 
 the certificate of the juvenile judge, as provided in section 1682 
 G.C. Op. Atty. Gen. (1918), p. 324. 
 
 See Opinions of Attorney General as follows: 
 
 (1917), p. 1914, cited under Sec. 1642. 
 
 (1919), p. 673, cited under Sec. 1642. 
 
 (1917), p. 974, cited under Sec. 1644. 
 
 The probate courts of this state acting as juvenile courts 
 under the provisions of G. C. § 1639 et seq., are courts of 
 record and their judgments, where jurisdiction of the person 
 and subject-matter has been acquired and no fraud has inter- 
 vened, are conclusive and can be assailed in no other court in an 
 independent proceeding: Children’s Home v. Fetter, 90 O. S. 
 ph 
 
 The juvenile judge has no authority to contract with phy- 
 sicians for medical attention to be rendered a pauper ward of 
 the court nor any authority to contract with a hospital for treat- 
 ment or care of such patient. Op. Atty. Gen. (1917), p. 739. 
 
 See Opinions of Attorney General (1919), p. 591, cited 
 under Sec. 1643. 
 
 Section 1653 G. C. while authorizing commitments by the 
 juvenile court of dependent and neglected children to the care 
 of suitable private individuals of good moral character, makes 
 no provision in such cases for payment by the county commis- 
 sioners of the board of such committed children. Op. Atty. 
 Gen. (1922) p. 148. 
 
 Section 3092 G. C. as amended in 109 O. L., p. 533, confers 
 no authority upon county commissioners to pay the board of 
 neglected and dependent children committed by the juvenile 
 court to the care of private families or individuals in counties 
 where a county children’s home is provided. Op. Atty. Gen. No. 
 2915, March 9, 1922. 
 
 Opinion 2915. March 9, 1922. To the Division of Chari- 
 ties: 
 
 County Commissioners are responsible for payment of board of 
 children who are wards of juvenile court only when there is no 
 county children’s home and it becomes necessary to place the 
 child in a childrens’ home in another county. 
 
 The sheriff is not the proper officer to convey girls to the 
 Girls’ Industrial School, and if he performs such service he may 
 not collect any fee therefor. The proper officer to render such 
 service is the probation officer, and there must be at least one 
 probation officer in every county. The expenses of such trans- 
 portation are payable out of the county treasury on the cer- 
 tificate of the juvenile judge, as provided in section 1682. Op. 
 Atty. Gen. (1918), p. 341. 
 
 See Opinions of Attorney General as follows: 
 
 (1919), p. 673, cited under Sec. 1642. 
 
 (1917), p. 1914, cited under Sec. 1642. 
 
364 
 
 DEPARTMENT OF PUBLIC WELFARE 
 
 Section No. 
 
 1654. 
 
 1657. 
 
 Where a person has been in jeopardy upon an information or 
 affidavit charging that he contributed to the moral delinquency 
 of a female person in violation of G. C. § 1654, such jeopardy 
 can not be successfully pleaded as a bar to a prosecution by 
 indictment on a charge of rape under G. C. § 12143. The pro- 
 vision of the constitution relating to jeopardy is in the following 
 words: “No person shall be twice put in jeopardy for the same 
 offense.” The offense charged in the information is not the 
 same offense and does not include the offense charged in the in- 
 dictment, and hence the defense of jeopardy must fail: State 
 v. Rose, 89 O. S. 383. 
 
 While G. C. § 12370, which provides that the word “impris- 
 oned” means “imprisoned in the county jail” if the maximum 
 term prescribed for the offense is one year, does not apparently 
 apply to this section, since by its terms G. C. § 12370 deals with 
 the interpretation of part four only, the word “imprisoned” as 
 used in this section means “imprisoned in the county jail.” Ac- 
 cordingly, G. C. § 4128 authorizes the court to commit offenders 
 over sixteen years of age to the workhouse: Walton v. State, 3 
 Ohio App. 97, 19 O. C. C. (N. S.) 452. 
 
 General Code § 4128 authorizes the court to impose a sen- 
 tence to the workhouse upon one who is convicted, under this sec- 
 tion, of contributing towards the delinquency of a minor under 
 seventeen years of age: Walton v. State, 3 Ohio App. 97, 19 
 0. C. C. (N. S.) 452. 
 
 A person owning and conducting a house of ill-repute is 
 guilty of contributing to the delinquency of a minor under seven- 
 teen years of age, where it is shown that such minor was ad- 
 mitted by a person apparently acting as a servant or employee 
 and making no inquiry as to the age of the minor: Smith v. 
 State, 14 0. C. C. (N. S.) 257, 24 O. C. D. 661. 
 
 See Opinions of Attorney General as follows: 
 
 (1917), p. 1586, cited under Sec. 1644. 
 
 (1919), p. 320, cited under Sec. 1644. 
 
 A juvenile under fourteen years of age may not, pending final 
 disposition of his case, be confined in a cell in the upper part 
 of the county jail even though such cell is separate and apart 
 from the county jail proper. Op. Atty. Gen. (1918), p. 1592. 
 
 It is necessary that the trial of the accused, under the 
 juvenile court laws, who has been committed pending the final 
 disposition of the case, be commenced within four days of such 
 commitment, unless otherwise requested by the defendant. Op. 
 Atty. Gen. (1918), p. 160. 
 
 A warrant of the court is not authority for the sheriff or 
 probation officer to arrest a delinquent child outside the state of 
 Ohio. There is no provision in law for the payment of the ex- 
 penses of the sheriff or probation officer in pursuing and arrest- 
 ing such child outside the state. Op. Atty. Gen. (1918), p. 980. 
 
LAW BULLETIN 365 
 
 Section No. 
 
 1663. 
 
 1670. 
 
 1671. 
 
 See Opinions of Attorney General (1919), p. 1433, cited 
 
 under Sec. 1682. 
 
 The probation officer may be directed by the juvenile court 
 to take juvenile delinquents to such places as they are by such 
 court lawfully committed. 
 
 For the performance of such services, such probation officer 
 is not entitled to the fees provided by law for sheriffs in like 
 cases. Op. Atty. Gen. (1919), p. 480. 
 
 See Opinions of Attorney General as follows: 
 
 (1918), p. 341, cited under Sec. 1653-1. 
 
 (1917), p. 1361, cited under Sec. 1671. 
 
 No. 2497, (1921), cited under Sec. 7769-1. 
 
 (1919), p. 648, cited under Sec. 1642. 
 
 (1919), p. 480, cited under Sec. 1662. 
 
 (1918), p. 341, cited under Sec. 1653-1. 
 
 Upon consideration therefore, it would seem conclusive that the 
 duties of the officers considered are incompatible, and that a chief 
 of police of a city may not lawfully perform the duties of a 
 probation officer, or receive the compensation of such an officer 
 while acting in the capacity of chief of police. Op. Atty. Gen. 
 No. 2874, Feb. 20, 1922. 
 
 Under sections 1670 and 1671 G. C., upon the advice and recom- 
 mendation of the juvenile judge, the commissioners should pro- 
 vide, by purchase or lease, a detention home, and in counties 
 having a population less than forty thousand the commissioners 
 are authorized to provide the necessary persons to care for said 
 home and for the children therein. Op. Atty. Gen. (1917), p. 
 1518. 
 
 The board of education of a school district, in which is 
 located a county detention home, established in conformity with 
 section 1670 G. C., has authority to forbid the attendance of the 
 inmates of the county detention home at the public schools of 
 the district, since section 1670 G. C. provides that the superin- 
 tendent and matron in a county detention home shall be persons 
 “qualified as teachers of children.” Op. Atty. Gen. (1921), p. 
 942. 
 
 See Opinions of Attorney General as follows: 
 
 (1919), p. 1433, cited under Sec. 1682. 
 
 No. 2492, (1921), cited under Sec. 7676. 
 
 The proper fund mentioned in section 1671 General Code is 
 considered to be a juvenile court fund from which all the ex- 
 penses of the juvenile court are paid and such expenses include 
 the salary of the probation officer. 
 
 Section 1682 G. C. makes provision for the payment of all 
 necessary incidental expenses of the juvenile court and its of- 
 ficers and the probation officer is considered an officer of such 
 court. Op. Atty. Gen. (1917), p. 1361. 
 
366 
 
 DEPARTMENT OF PUBLIC WELFARE 
 
 Section No. 
 
 1672. 
 
 1680. 
 
 See Opinions of Attorney General (1917), p. 1518, cited 
 under Sec. 1670. 
 
 An orphan asylum or children’s home organized under the 
 laws of this state may give consent to the adoption of an inmate 
 thereon, provided it was voluntarily surrendered to the institu- 
 tion or was previously abandoned by its parents. In no case 
 does a private institution for the care and support of minor chil- 
 dren become the legal guardian of the inmates of the institu- 
 tion, and therefore has no authority to grant consent to the 
 adoption of the inmates of the institution, excepting under the 
 order of the juvenile court as set out in Section 1672 G. C. Op. 
 Atty. Gen. (1918), p. 1598. 
 
 Dependent children, temporarily committed by the juvenile 
 court, to the care and custody of the board of state charities 
 (now department of public welfare, division of charities), under 
 the provisions of section 1672 G. C. may in turn be placed tem- 
 porarily in the home of a mother or parent by said board under 
 the provisions of section 1352-3 G. C. for a period of time not 
 to exceed twelve months, subject to the court’s approval, when 
 the mother or parent is morally a fit custodian, and the home 
 provided by her is free from evil influences which may be con- 
 sidered detrimental to the child’s welfare. 
 
 Under the provisions of section 1352-4 G. C. the amount 
 of board paid for the care of such child, and the expense of pro- 
 viding suitable clothing and personal necessities is chargeable 
 by the board of state charities (now the department of public 
 welfare, division of charities) to the county from which such 
 child was committed, and the duty of the county treasurer, upon 
 the warrant of the county auditor to pay such expense, is manda- 
 tory. Op. Atty. Gen. No. 2900, Feb. 25, 1922. 
 
 See Opinions of Attorney General (1919), p. 591, cited under 
 Sec. 1643. 
 
 April 15, 1922. February 21, 1923. To the Department of 
 Welfare: 
 
 The jurisdiction of the juvenile court is in no way affected 
 by transfers within the Department of Public Welfare. 
 
 As long as the Division of Charities has custody of a girl 
 by virtue of a temporary commitment of the juvenile court, such 
 girl may be held by the board until she becomes 21 years of age. 
 Minor Dependent Children 
 
 Op. Atty. Gen. July 21, 1922. To the Department of Public 
 Welfare: 
 
 Court first acquiring jurisdiction, holds it. 
 
 Under sections 1680 and 3011 et seg. as amended in H. B. 294 
 (108 O. L. Part II, 1203), the payment of witness fees in 
 juvenile cases of $1.00 amd five cents for each mile is authorized, 
 the vouchers for which need not be verified by the oath of the 
 probate judge. Op. Atty. Gen. (1920), p. 728. 
 
LAW BULLETIN 367 
 
 Section No. 
 
 1681. 
 
 1682. 
 
 1683-2- 
 1683-9. 
 
 L B Sig 24 
 
 This section is discretionary and not mandatory, and a de- 
 linquent child, charged with a felony, may be committed as pro- 
 vided in G. C. § 1652 or recognized to the court of common pleas, 
 subject to the requirements of the general criminal laws of the 
 state, at the discretion of the juvenile judge: Leonard v. Licker, 
 3 Ohio App. 377, 23 O. C. C. (N. S.) 442 [citing Prescott v. State, 
 19 O. S. 184]. 
 
 General Code § 1652 is not in conflict with this section. G. C. 
 § 1652 provides a different place for the confinement of delin- 
 quent children over sixteen years of age from the places of con- 
 finement to which other delinquent children may be committed, 
 namely to the Ohio state reformatory; while this section pro- 
 vides that delinquent children of any age charged with a felony 
 may be indicted and subjected to the provisions of the general 
 criminal statutes: Leonard v. Licker, 3 Ohio App. 377, 23 O. C. 
 C. (N. 8.) 442 [citing Prescott v. State, 19 O. S. 184]. 
 
 There is no statutory authority for the purchase, with 
 county funds, of an automobile for the use of a probation officer 
 of the juvenile court. 
 
 A probation officer may use his own automobile in the course 
 of the performance of his official duties and be reimbursed, in 
 the manner provided by section 1682 G. C., for the expense of 
 gasoline and oil paid for by him in connection with such use of 
 said automobile. Op. Atty. Gen. (1919), p. 1433. 
 
 Where delinquent juveniles are sentenced to the Boys’ Industrial 
 School or Girls’ Industrial Home, the costs of the case and the 
 expense of transporting said juveniles to the place to which they 
 have been committed, are, pursuant to Section 1682 G. C., pay- 
 able by the county and not the state. 
 
 There is no statutory authority permitting a justice of peace 
 or mayor to bind over a minor under the age of eighteen years 
 to the court of common pleas to await the action of the grand 
 jury, and no fees may be legally taxed or paid in connection with 
 any attempt by such officers to bind over such persons. A mayor 
 or justice of peace has no jurisdiction to dispose of a case 
 against a minor under eighteen years of age other than 
 transfer the case to the juvenile judge. Fees and costs origi- 
 nally made, are to follow the case for allowance and payment 
 under section 1682 G. C. Op. Atty. Gen. (1921), p. 114. 
 
 Mothers’ Pensions 
 
 A foster-mother is not a mother within the meaning of sec- 
 tion 1683-2 of the General Code relating to mothers’ pensions. 
 Op. Atty. Gen. (1920), p. 181. 
 
 Under the provisions of the law relating to mothers’ pen- 
 sions, the widow of an unnaturalized person is entitled to a pen- 
 sion under the same conditions as is the widow of a natural- 
 ized citizen. Op. Atty. Gen. (1917), p. 268. 
 
368 
 
 DEPARTMENT OF PUBLIC WELFARE 
 
 Section No. 
 
 1683-2. 
 
 1683-3. 
 
 1815-— 
 1816. 
 
 The residence of a mother and her children for three years 
 in one county of this state immediately prior to a residence of 
 one month in another county of this state meets the require- 
 ment of section 1683-2 G. C., 103 O. L. 877, as to the mother 
 and children having legal residence in any county for two years, 
 and if in all cther respects qualified, the mother may be granted 
 an allowance under said section in the latter county. Op. Atty. 
 Gen. (1916), p. 1549. 
 
 When a man, having a legal residence in this state, removes 
 with his family to another state with no intention of making 
 the latter state his home and with no intention of abandoning 
 his residence in this state, he does not thereby lose his legal 
 residence in this state by reason of an actual residence of four 
 years in the state to which he removes. If, therefore, upon his 
 death his wife and children return to their former home in this 
 state they have the necessary qualifications as to residence re- 
 quired by section 1683-2, G. C., as amended 106 O. L., 486, pro- 
 viding for mothers’ pensions. Op. Atty. Gen. (1916), p. 314. 
 
 County commissioners are without authority to extend aid 
 to children in their own homes rather than in children’s homes 
 established by counties. The proper place to care for children 
 who may require such aid is in children’s homes, the only ex- 
 ception being in the case of the awarding of relief under the 
 Mothers’ Pension Act, sections 1683-2 to 1683-9 G. C. Op. Atty. 
 Gen. (1916), p. 713. 
 
 See Opinions of Attorney General as follows: 
 (1917), p. 834, cited under Sec. 1683-3. 
 (1919), p. 52, cited under Sec. 1683-8. 
 
 Jurisdiction to administer the Mothers’ Pension Law is 
 vested exclusively in the Juvenile Court and must be exercised 
 by the Judge designated to transact the business of said court. 
 Op. No. 88, Jan. 81, 1923. 
 
 Section 1683-3 G. C. authorizes the juvenile court to make 
 an allowance to a mother when in the absence of such allowance 
 she would be required to work regularly away from her home or 
 when in the absence of such allowance she would be required 
 to be engaged regularly in outside employment in her own home. 
 Op. Atty. Gen. (1917), p. 532. 
 
 (See Opinions of Attorney General (1917), p. 268, cited 
 under See. 1683-2. 
 
 Support of Inmates of State Institutions 
 
 See opinion No. 1475 cited under Sec. 1947-1983. 
 
 No. 775. January 81, 1914. To Secretary, Board of State 
 Charities: 
 
 Support of inmates of hospital for the insane. Where a 
 woman is confined in a state hospital for the insane, and her 
 husband is possessed of a sufficient income to pay for her support, 
 
LAW BULLETIN 369 
 
 Section No. 
 
 1815- - 
 1816. 
 
 as long as he is able to support her he must do so, regardless 
 of the fact that she holds in her own name an estate sufficient 
 to meet such expense. 
 
 No. 571. July 28, 1912. To Probate Judge, Ashland, Ohio: 
 
 Support of inmates of state institutions. The charge made 
 by the state for the care and keeping of a patient in a state 
 institution begins when the person becomes an inmate. Under 
 Section 1815-4 G. C., the same charge for inmates being cared 
 for at the time of the passage of this law became payable from 
 May 2, 1910, i. e., the day when the act became a law. 
 
 No. 1820. March 4, 1916. To Board of State Charities: 
 Tubercular patients at Ohio State Sanatorium—when coun- 
 ty commissioners liable for support of such patients. 
 
 No. 172. April 6, 1917. To the Auditor of State: 
 
 Sections 1815 and 1816 of the General Code apply only to 
 benevolent institutions, therefore do not apply to the Girls’ In- 
 dustrial Home at Delaware. For this reason the counties of 
 the state can not be compelled to reimburse the state for the 
 expense of clothing inmates of such institutions. 
 
 Under this section, the expense of furnishing clothing is 
 chargeable on the estates of patients, or on those who would 
 be legally bound to furnish clothing, if they were not in an 
 asylum or institution: State v. Kiesewetter, 37 O. S. 546. 
 
 No. 1156. April 16, 1920. To the Ohio Board of Adminis- 
 tration: 
 
 Where a minor is committed by the juvenile court pursuant 
 to section 1841-1 G. C. (103 O. L. 175), to the care and custody 
 of the Ohio board of administration, as one requiring “state in- 
 stitutional care and guardianship”, and said board of adminis- 
 tration subsequently assigns said child to the institution for the 
 feeble-minded, the county from the juvenile court of which said 
 minor was committed, is responsible for said minor’s support. 
 while he or she is in said institution for the feeble-minded. 
 
 No. 1475. August 8, 1920. To the Ohio Board of Admin- 
 istration: 
 
 When a person has been committed by the juvenile court 
 to the board of administration for examination by the bureau 
 of juvenile research and has by that bureau been declared to 
 be insane and recommended to be assigned to a hospital for the 
 insane for observation and treatment, such person is legally in 
 said institution. 
 
 Clothing furnished such person so received by the super- 
 intendent of an institution for the insane may not be charged 
 against the county of said person’s legal residence, under sec- 
 tion 1962 G. C. 
 
370 
 
 Section No. 
 
 1817- 
 1820. 
 
 DEPARTMENT OF PUBLIC WELFARE 
 
 Nos. 279 and 280. April 138, 1912. To Superintendent 
 State School for the Deaf, and Superintendent State School for 
 the Blind: 
 
 Incidental expenses, gymnasium suits, clothing, dentist- 
 ry and optician’s services and special medical services, if not 
 paid by relatives, shall be paid by school and collected from 
 county. 
 
 Under this section, the expense of furnishing clothing is 
 chargeable on the estates of patients, or on those who would be 
 legally bound to furnish clothing, if they were not in an asylum 
 or institution: State v. Kieswetter, 37 O. S. 546. 
 
 The amount due from each county for the support of in- 
 mates therefrom in the state institution for the feeble-minded 
 youth should be determined and the claim therefor presented 
 and paid as prescribed by G. C. Section 1815-12. Presentation 
 of such claim to and allowance by the board of county commis- 
 sioners is not required: State, ex rel., v. Huwe, 103 O. S. 545. 
 
 The repeal of P. & A. Sec. 1898 and the enactment of G. C. 
 Sec. 1815-12 did not destroy an existing right of the state to 
 recover from a county the amount due for the support of inmates 
 therefrom in the state institution for feeble-minded youth: 
 State, ex rel., v. Huwe, 103 O. S. 546. 
 
 Non-resident Insane 
 
 No. 638. December 2, 19138. To Ohio Board of Adminis- 
 tration: 
 Board may order transportation of non-resident person. 
 
 No. 491. June 11, 1915. To Ohio Board of Administration: 
 Expense of holding an inquest of lunacy is a county ex- 
 pense, regardless of legal residence. 
 
 No. 326. To the Bureau of Inspection and Supervision of 
 Public Offices: 
 
 Under Section 1819 G. C., where the probate judge or sup- 
 erintendent finds that a person, whose commitment or admission 
 to the state institutions referred to in section 1835 G.C., is re- 
 quested, has not a legal residence in this state or his legal resi- 
 dence is in doubt or unknown, and such probate judge or sup- 
 erintendent is of the opinion that such person should be com- 
 mitted or admitted to such institution, upon notice as to such 
 residence, as provided, in Sec. 1819, it becomes the duty of the 
 Ohio Board of Administration to investigate the legal residence 
 of such person and that board may transport such person to 
 the place of his residence at the expense of the state, and such 
 expense is not payable from county funds. 
 
 No. 922. October 13, 1915. To Probate Judge of Jackson, 
 Ohio: 
 
LAW BULLETIN 371 
 
 Section No. 
 
 1817- 
 1820. 
 
 Residence of twelve months in county is necessary to es- 
 tablish legal settlement required to make applicant for admis- 
 sion to insane hospitals eligible therefor, except in case of non- 
 residents. 
 
 A non-resident insane person whose insanity did not occur 
 during the time of his or her residence in Ohio, is not entitled 
 to admission into the state hospitals for the insane. Sections 
 1817-1820 and 1920 G. C. Op. Atty. Gen. (1921), p. 598. 
 
 No. 413. June 29, 1917. To the Probate Judge of Clark 
 County: 
 
 Where a person lives in one county, and has a legal settle- 
 ment in a township therein, the probate court of another county 
 has no jurisdiction to commit said person to a hospital for the 
 insane. 
 
 There is no authority for the payment of costs in the trans- 
 portation of such person and a re-commitment to the hospital for 
 the insane is necessary. This can be done by having the pro- 
 bate judge of the county in which such person has a legal resi- 
 dence visit the state hospital and after having satisfied himself 
 of her condition return to his county and proceed with the com- 
 mitment. 
 
 Patient should, if possible, be returned to the county of his 
 legal residence for inquest and commitment to hospital. 
 
 If deemed improper on account of patient’s condition, to 
 return him to his own county for inquest, the probate judge of 
 such county may visit the patient and certify that he has as- 
 certained the condition of such patient by actual inspection (Sec. 
 1955 G. C.); then proceedings may be had in the probate court 
 of the county of patient’s legal settlement regularly committing 
 him to the state hospital in that district; or to the hospital of 
 the district in which the patient is being held, after authoriza- 
 tion has been secured by application from the probate judge to 
 the Department of Welfare to commit patient to a hospital out- 
 side his district. 
 
 If latter method is chosen, the probate judge may select 
 two physicians from his own county, or two from the county 
 where the patient is being held. 
 
 No. 764. November 7, 1917. To the Probate Judge of 
 Logan County: 
 
 Residence is a question of mixed law and fact and change 
 of residence is a question of intention and fact, or facts in the 
 light of intention, and it may continue in a certain territory or 
 jurisdiction, after actual connection with any particular spot 
 therein has ceased. 
 
 Probate Judge has no jurisdiction to hold lunacy inquest 
 on non-resident of county. 
 
372 
 
 Section No. 
 
 1839. 
 1840. 
 
 1841-1- 
 1841-5. 
 
 DEPARTMENT OF PUBLIC WELFARE 
 
 No. 239. April 26, 1919. To the Probate Judge of San- 
 dusky County: 
 
 (1) A probate judge has, generally speaking, no power to 
 make an adjudication of lunacy unless the person who is 
 the subject of the inquest is a resident of the county 
 wherein the probate court is situate. 
 
 (2) Where a probate judge ascertains, after a lunacy affidavit 
 is filed, that the alleged insane person is not a resident of 
 the county wherein the lunacy proceeding is instituted, 
 but of another county of the state, there is no statutory 
 authority for the transfer of such person to the probate 
 court of the county of his residence. 
 
 (3) In such case it would be proper for the probate judge to 
 communicate with the probate judge of the county of such 
 alleged person’s residence, to the end that a lunacy affi- 
 davit could be filed with the probate judge of the county 
 of residence, and a warrant issued by said judge, under 
 section 1954 G. C. to a suitable person, commanding him 
 to bring the person alleged to be insane before him. 
 
 No. 1063. March 9, 1920. To the Probate Judge of San- 
 dusky County: 
 
 A probate court has not jurisdiction in insanity cases where 
 the residence of the alleged insane person is known unless said 
 person has a legal settlement in the county. To acquire such a 
 legal settlement the person must have lived in said county for 
 a period of twelve consecutive months. However, in case the 
 alleged insane person is a non-resident of the state, or his resi- 
 dence is unknown, the probate court may take jurisdiction for 
 the purposes contemplated in sections 1819 and 1820 G. C. 
 
 See opinions cited under Sections 23 and 23-1. 
 Trust Funds 
 
 No. 300. May 21, 1913. To Ohio Board of Administra- 
 tion: 
 
 Special deposit of trust funds devised to Ohio Board of Ad- 
 ministration with power to loan at interest may not be preferred 
 in liquidation of insolvent bank. 
 
 No. 1064. December 3, 1915. To Ohio Board of Adminis- 
 tration: 
 
 Board may not deposit trust funds devised to Ohio Board 
 of Administration with a building and loan association. 
 
 Juvenile Research 
 
 Op. Atty. Gen. January 30, 1923. To Department of 
 Public Welfare: 
 
 The consent of committing judge is necessary to the per- 
 manent placement of a child in a foster home. 
 
Section No 
 
 1841-8— 
 1841-12. 
 
 LAW BULLETIN 373 
 
 Juvenile court’s consent to the assignment or transfer of a 
 child from the Bureau of Juvenile Research to the Division of 
 Charities is not necessary, as such transfer is really a transfer 
 within the Department of Public Welfare. Neither is the con- 
 sent of the Juvenile Judge necessary in such transfers, for the 
 same reason. 
 
 See Opinion April 15, 1922. 
 
 Where the juvenile court commits a dependent or delin- 
 quent child to the care and custody of the department of public 
 welfare, and said department assigns said child to the bureau 
 of juvenile research for the purpose of mental or physical 
 examination, the director of public welfare may then assign and 
 transfer such child from said bureau of juvenile research to the 
 division in the department of public welfare known as the 
 division of charities, and no consent on the part of said division 
 of charities, as such, is necessary to such assignment or transfer. 
 
 Likewise held that the consent of the juvenile court to such 
 assignment or transfer is also unnecessary. 
 
 Op. Atty. Gen. (1920) p. 436. 
 
 Where a minor is committed by the juvenile court pur- 
 suant to section 1841-1 G. C. (103 O. L. 175), to the eare and 
 custody of the Ohio board of administration, as one requiring 
 “state institutional care and guardianship,” and said board of 
 administration subsequently assigns said child to the institu- 
 tion for the feeble-minded, the county from which said minor 
 was committed, is responsible for said minor’s support while he 
 or she is in said institution for the feeble-minded. 
 
 Where a minor is committed by the juvenile court, pur- 
 suant to section 1841-1 G. C. (103 O. L. 175), to the care and 
 custody of the Ohio Board of Administration, as one requiring 
 “state institutional care and guardianship,” and said board of 
 administration subsequently assigns said child to the institn- 
 tion for the feeble-minded, said minor cannot be held at said 
 institution after he or she reaches the age of twenty-one years, 
 unless committed thereto by the probate court in the manner 
 provided by section 1893 G. C. (108 O. L., Part I, 553.) 
 
 Department Authorized to Act as Commission in Lunacy. 
 Transfers from One Institution to Another. 
 
 Department of Public Welfare. June 21, 1923. 
 
 Department of Public Welfare has authority to enter a jail 
 or other place of detention, examine into the mental condition 
 of a person confined therein, and if upon examination such 
 person is found to be insane, feeble-minded or epileptic, has 
 authority to remove such person for care in a state hospital or 
 institution under its jurisdiction; subject to provisions and lim- 
 itations under Sections 1841-8, 1841-10; Reorganization Code 
 Section 154-57 G. C. 
 
374 
 
 Section No. 
 
 1842. 
 
 DEPARTMENT OF PUBLIC WELFARE 
 
 April 10, 1923. To the Director of Public Welfare: 
 
 A prisoner transferred from the Ohio Penitentiary to the 
 Ohio State Reformatory is under the same regulations as to 
 parole as before transfer, and a person who has been sentenced 
 to the Ohio Penitentiary and later transferred to the Ohio State 
 Reformatory is not legally eligible to parole before he has 
 served the minimum sentence imposed by the trial court when 
 he was sentenced to the Ohio Penitentiary. 
 
 A person does not become a ward of the state unless a 
 statute exists which provides for that status. No statute has 
 been found which says that a child born to a woman who is an 
 inmate of a state institution thereby takes the status of the 
 mother. We must therefore conclude that the children you refer 
 to are not wards of the state merely because their mothers are. 
 A transfer of such children can not be ordered by the Director 
 of Public Welfare without having the case brought before the 
 Juvenile Court. (Op. Attorney General, September 8, 1921.) 
 
 No. 1238. November 13, 1914. To Judge of Juvenile Court, 
 Cleveland: 
 
 All persons committed to any institution under control of 
 Board of Administration shall be considered as committed to 
 the control, ete., of such board. Commitment by Juvenile Court 
 of delinquent boys to Boys’ Industrial School shall be made as 
 before the passage of the Juvenile Research act, Sections 1841-1 
 et. seq. 
 
 Institutional Officers and Employes—Appointment and Salaries 
 
 One who is not engaged in the same line and character of 
 work as that of superintendent of the state school for the blind 
 is ineligible under Rule VIII, §2, of the state civil service com- 
 mission, which by G. C. §$486-7 has the force and effect of law, 
 for promotion to such position of superintendent of the state 
 school for the blind: State, ex rel., v..Ohio Board of Adminis- 
 tration. 92 O. S. 457. 
 
 Under G. C. §486-11, which authorizes the state civil ser- 
 vice commission to pass upon questions of the physical ability 
 of applicants, the state board of administration can not declare 
 that one who is totally blind is physically unfit for the position 
 of superintendent of the state school for the blind, although 
 such physical disability may be considered by the board of ad- 
 ministration in making its appointment from the certified list 
 under G. C. § 486-13: State ex rel., v. Ohio Board of Admin- 
 istration, 92 O. S. 457. 
 
 After the state board of administration has requested the 
 State civil service commission of Ohio to furnish it a list of 
 names of persons eligible for appointment to the position of 
 superintendent of the state school for the blind, it can not be 
 heard to claim that it is not practicable to determine the merit 
 
LAW BULLETIN 375 
 
 Section No. 
 
 ‘and fitness of applicants for that position by competitive exam- 
 
 ination: State, ex rel., v. Ohio Board of Administration, 92 
 O. S. 457. 
 
 The chief matron of the girls industrial school is a public 
 officer; and under the provisions of Art. II, §20 of the consti- 
 tution of Ohio, the salary of such officer can not be changed 
 during her existing term unless the office be abolished: State, 
 ex rel., v. Campbell, 94 O. S. 403. 
 
 The term “officers,” as used in Art. II, §20 of the consti- 
 tution, includes both appointive and elective officers: State, 
 ex rel., v. Campbell, 94 O. S. 403. 
 
 No. 804. September 8, 1915. To Auditor of State: 
 
 The approval of the salaries of all officers in writing 
 by the governor as provided in Section 1842 G. C., 102 O. L., 
 p. 214, is necessary to give validity to their appointments, and 
 until such approval no salaries of officers appointed under said 
 section are effective. 
 
 No. 1053. July 15, 1914. To Auditor of State: 
 
 Power of Board to regulate number and salaries of officers 
 referred to in Section 2180 G. C. The repealing section of law 
 creating the Board of Administration did not work a repeal of 
 Section 2180 until August 15, 1911, and then repealed this sec- 
 tion as amended March 31, 1911. 
 
 No. 780. August 28, 1915. To Industrial Commission: 
 
 Compensation for medical services rendered to injured em- 
 ploye of Boys’ Industrial School valid. Although physician is 
 employed to attend inmates of school, no obligation to attend 
 employes of school without charge. 
 
 No. 1300. February 28, 1916. To Ohio Board of Adminis- 
 
 tration: 
 The state or any officer or agent thereof may not be made 
 
 a garnishee in an action before a justice of the peace against 
 a state employe. 
 
 Prison Industries—Articles to be Manufactured 
 
 | See opinions cited under Section 1866. 
 No. 109. March 10, 1918. To Ohio Board of Administra- 
 
 tion: 
 
 Board may compel county and municipal officers to pur- 
 chase articles manufactured by state institutions. Prices shall 
 be uniform and no higher than usual market prices. 
 
 No. 1192. October 8, 1914. To Ohio Board of Adminis- 
 
 tration: 
 Articles manufactured in Ohio Penitentiary may not be 
 
 sold to other states. 
 
376 
 
 Section No. 
 
 1855. 
 
 1866. 
 
 DEPARTMENT OF PUBLIC WELFARE 
 
 No. 1652. June 3, 1916. To Secretary of State. 
 Board may employ convict labor in Penitentiary and Re- 
 formatory to manufacture automobile license tags. 
 
 Op. Atty. Gen. (1918) p. 608: 
 
 The Ohio board of administration has no authority in law 
 to manufacture lime with prison labor and sell the same to the 
 city of Columbus. 
 
 No. 470. June 26, 1912. To Ohio Board of Administration: 
 
 Convict labor. State Highway Commissioner may contract 
 for without advertising for bids. Cost of maintaining laborers 
 devolves upon Board of Administration and can not be borne bs 
 department hiring same from the Board. 
 
 Bond of Managing Officers 
 
 No. 474. September 15, 1913. To Ohio Board of Admin- 
 istration: 
 
 Board may require managing officer to give bond for him- 
 self and all subordinate officers under his control; subordinate 
 officers should give bond to managing officer. 
 
 Manufacturing Fund—Purpose—Earnings of Prisoners 
 
 See Sections 1845-1847. 
 
 No. 1192. October 8,1914. To Warden, Ohio Penitentiary: 
 
 Articles manufactured in Ohio Penitentiary may not be 
 sold to other states, or political divisions thereof, or to public 
 institutions owned, managed or controlled by such states or 
 such political divisions. 
 
 No. 533. August 27, 1918. To Ohio Board of Administra- 
 tion; No. 977. October 27, 1915. To State Highway Commis- 
 sioner: 
 
 Board not authorized to sell in open market; limited to 
 sale to state and political subdivisions and public institutions. 
 Section 41, Article 2, Ohio Constitution invalidates that part 
 of this section. 
 
 No. 1652. June 3, 1916. To Secretary of State: 
 Board may employ convict labor in penitentiary and re- 
 formatory to manufacture automobile license tags. 
 
 No. 116. March 2, 1915. To Auditor of State: 
 
 Receipts from the sale of manufactured articles under sec- 
 tion 1866, G. C., must be turned into the state treasury, and an 
 appropriation by the legislature must be made to make said 
 receipts available. 
 
 No. 1909. August 10, 1914. To Auditor of State: 
 
 Earnings of prisoners at Ohio Penitentiary can not be 
 seized to satisfy cost of judgment, but garnishee proceedings 
 against Warden may be had to take money belonging to prison- 
 er upon entering Penitentiary or sent to him during imprison- 
 ment by others. 
 
LAW BULLETIN 377 
 
 Section No. 
 
 1867. 
 
 1870. 
 
 1891-— 
 1902. 
 
 No. 1170. April 26, 1918. To the Board of Administration: 
 
 The Ohio Board of Administration has no authority in law 
 to manufacture lime with prison labor and sell the same to 
 the city of Columbus. 
 
 For provisions upon the subject of marking convict-made 
 goods as such, see notes to G. C. §§6213 to 6218. 
 
 Longview Hospital 
 (See Longview Hospital, Sections 2004-2034-7.) 
 
 No. 96. December 12, 1911. To Ohio Board of Adminis- 
 tration: 
 
 Relationship of Board of Administration to Longview Hos- 
 pital. 
 
 No. 741. January 29, 1914. To Ohio Board of Adminis- 
 tration: 
 
 All the needs of Longview Hospital are to be met out of 
 the appropriation for Maintenance. 
 
 Opinion Attorney General May 15, 1923. To Department 
 of Public Welfare: 
 
 Controlling Board warranted in making allotment of funds 
 to Longview Hospital from Institutional Building Fund. 
 
 The word “maintenance”, as used in Section 1867 G. C., 
 was used in a broad sense, and not in a technical, limited sense. 
 So whether or not Longview Hospital be technically called a 
 state institution, the fact remains that under existing statutes 
 the Hospital is entitled to share in the apportionment of the 
 maintenance appropriation; and by reference to the appropria- 
 tion act in 109 O. L., designated as the institutional building 
 fund, it will be observed that the specific classifications there- 
 under are but subdivisions of the grand division “maintenance”, 
 each one falling under “G. Additions and Betterments”, a sub- 
 division of maintenance. 
 
 Annual Report 
 
 No. 220. April 8, 1918. To Ohio Board of Administra- 
 tion: 
 
 Board authorized to book but one comprehensive report as 
 to all institutions under its control. Biennial reports of insti- 
 tutions discontinued. 
 
 Institution for Feeble-Minded 
 
 No. 549. July 18, 1912. To Ohio Board of Administra- 
 tion: 
 
 Admission and discharge of inmates of Institution for 
 Feeble-Minded shall be under rules and regulations established 
 by Board of Administration. 
 
 No. 506. May 1912. To Bureau of Supervision and In- 
 spection of Public Offices: 
 
378 
 
 Section No. 
 
 DEPARTMENT OF PUBLIC WELFARE 
 
 Admission of adults and minors to Institution for Feeble- 
 Minded; procedure; certificate of two medical witnesses re- 
 quired. 
 
 No. 216. April 23, 19138. To Superintendent, Institution 
 for Feeble-Minded: 
 
 Inmates of Institution for Feeble-Minded may be retained 
 after they reach majority. 
 
 No. 448. August 14, 1913, to Probate Judge, Chillicothe, 
 Ohio: 
 
 Feeble-Minded persons other than adults may be admitted 
 to Institution for Feeble-Minded by pursuing the same course 
 of legal commitment as governs admissions to state hospitals 
 for the insane. 
 
 No. 1156. April 16, 1920. To the Ohio Board of Admin- 
 istration: 
 
 (1) Where a minor is committed by the juvenile court pursuant 
 to section 1841-1 G. C. (103 O. L. 175), to the care and 
 custody of the Ohio Board of Administration, as one re- 
 quiring “state institutional care and guardianship”, and 
 said board of administration subsequently assigns said child 
 to the institution for the feeble-minded, the county from 
 the juvenile court of which said minor was committed is 
 responsible for said minor’s support while he or she is in 
 said institution for the feeble-minded. 
 
 (2) Where a minor is committed by the juvenile court, pur- 
 suant to Section 1841-1 G. C. (108 O. L. 175), to the care 
 and custody of the Ohio board of administration, as one 
 requiring “state institutional care and guardianship”, and 
 said board of administration subsequently assigns said 
 child to the institution for the feeble-minded, said mincr 
 can not be held at said institution after he or she reaches 
 the age of twenty-one years, unless committed thereto by 
 the probate court in the manner provided by Section 1893 
 G. C. (108 O. L., Part I, 553). 
 
 October 25, 1922. To the Department of Public Welfare: 
 A child committed by the juvenile court to the care of the 
 
 Department of Public Welfare, and assigned by said Depart- 
 
 ment to the Institution for Feeble-Minded, the child can not be 
 
 held at the Institution after he or she reaches the age of twen- 
 ty-one years, unless committed thereto by the probate court in 
 the manner provided by Section 1892 G. C. (108 O. Wig, eee hg) rea bs 
 
 553. ) 
 
 Where commitment by the probate court is contemplated, 
 
 a child should be returned to the county and brought personally 
 
 before the probate judge. 
 
 ; A probate judge may not go out of his own county to hold 
 
 inquest. 
 
LAW BULLETIN 379 
 
 Section No. 
 
 1905-— 
 1918. 
 
 1919- 
 1925. 
 
 1931- 
 1946-4. 
 
 No. 2404. September 8, 1921. To the Department of Pub- 
 lic Welfare: 
 
 Status of children born to inmates of the Institution for 
 Feeble-Minded: 
 
 Not wards of the state even though the mothers are. 
 
 See opinion No. 742 cited under Section 1959 G. C. 
 
 Ohio Soldiers’ and Sailors’ Home 
 
 No. 610. November 14, 1913. To Governor: 
 
 Aid to O. S. & S. Home from U. S. Government must be 
 placed to credit of general revenue fund. 
 
 No. 1216. January 29, 1916. To Ohio Board of Adminis- 
 tration: 
 
 Ohio Soldiers’ and Sailors’ Home. Funds of deceased ia- 
 mates; how disposed of—administrator or executor should be 
 appointed. 
 
 No. 1227. February 1, 1916. To Ohio Board of Adminis- 
 tration: 
 
 Erie County is to be regarded as the county of the resi- 
 dence of inmates of the Ohio Soldiers’ & Sailors’ Home. Pro- 
 bate courts of other counties have no jurisdiction to issue let- 
 ters testamentary or letters of administration upon estates of 
 deceased inmates, nor to appoint guardians. Administrator or 
 executor should be appointed. 
 
 Madison Home 
 
 No. 1633. To Hon. James M. Cox, Governor of Ohio, De- 
 cember 23, 1918. 
 
 The property located in Madison township, Lake county, 
 Ohio, sold to the National Women’s Relief Corps is burdened 
 with the trusts imposed upon it in said deeds to said Relief 
 Corps. It therefore can not be sold so as to eliminate said trust 
 conditions. 
 
 July 18, 1922. To the Department of Public Welfare: 
 
 Money left by inmates who die without heirs passes directly 
 into State Treasury. 
 
 Ohio Soldiers’ and Sailors’ Orphans’ Home 
 
 No. 1107. March 28, 1918. To the Supt. of the O. S. & S. 
 O. Home: 
 
 Children of soldiers and sailors of the present war may be 
 admitted into the home upon the same conditions as the chil- 
 dren of soldiers and sailors of the civil war or the Spanish- 
 American war. 
 
 No. 1490. October 1, 1918. To the Board of State Chari- 
 ties: 
 
380 
 
 DEPARTMENT OF PUBLIC WELFARE 
 
 Section No. 
 
 1947- 
 1983. 
 
 1. In cases where the Board of State Charities transfers its 
 wards to the Ohio Soldiers’ & Sailors’ Orphans’ Home, the 
 guardianship of the board, as provided in section 1352-3 
 G. C. does not cease, 
 
 When children are transferred from a county, district or 
 
 semi-publie children’s home, or other institution, to the 
 
 Board of State Charities, there is no provision of law 
 
 whereby said children may be re-transferred by the Board 
 
 of State Charities to the district home or other instituticn 
 from which they came. 
 
 3. The Board of State Charities is not authorized in law to 
 give consent to adoption provided for in section 8025 G. C. 
 But it would be authorized to give the consent under the 
 conditions as provided for in section 8024 G. C. 
 
 bo 
 
 Hospitals for the Insane 
 
 (See opinions cited under Sections 1817-1820 G. C.) 
 
 No. 590. August 21, 1912. To Superintendent, Athens 
 State Hospital: 
 
 Power of court to subpoena inmates of state hospitals be- 
 fore grand jury or compel superintendent to permit appearance. 
 
 No. 776. August 28, 1915. To Ohio Board of Adminis- 
 tration: 
 
 Physician permanently employed in a state hospital not 
 permitted to act as medical witness in case of inmates of such 
 hospital. 
 
 No. 418. June 29, 1917. To the Probate Judge of Clark 
 County: 
 
 Where a person lives in one county, and has a legal settle- 
 ment in a township therein, the probate court of another county 
 has no jurisdiction to commit said person to a hospital for the 
 insane, the above facts appearing of record in the commitment 
 proceedings. 
 
 There is no authority for the payment of costs in the 
 transportation of such person and a re-commitment to the hos- 
 pital for the insane is necessary. This can be done by having 
 the probate judge of the county in which such person has a 
 legal residence visit the state hospital and after having satis- 
 fied himself of her condition return to his county and proceed 
 with the commitment. (Sec. 1955.) 
 
 No. 1486. September 28, 1918. To the Probate Judge of 
 
 Franklin County: 
 
 1. When the probate judge issues a warrant to a sheriff or 
 some other suitable person, under section 1954 G. C., to 
 arrest and bring before him a person alleged to be insane, 
 such warrant is authority for such sheriff or other suit- 
 
LAW BULLETIN 381 
 
 Section No. 
 
 arrest should be paid under section 1981. If made by the 
 sheriff, such sheriff may be allowed his expenses, including 
 railroad fare and livery hire under section 2997. He may 
 also be allowed $1.00 for serving a warrant and 8 cents 
 per mile for mileage under section 2845 G. C. 
 
 2. A warrant issued by the probate court to the sheriff or 
 some suitable person, under section 1954 G. C., does not 
 authorize such person or sheriff to make the arrest out- 
 side of Ohio and there is no provision for payment of any 
 by a person other than the sheriff, the expense of such 
 able person to make the arrest anywhere in Ohio. If made 
 expense incurred in making the arrest in or returning such 
 insane person from another state. 
 
 38. The probate judge of one county in Ohio may not hold an 
 inquest of lunacy in any county but the county in which 
 he is elected. 
 
 (See Opinion No. 239 under Sections 1817-1820.) 
 Opinion No. 741. October 24, 1917. To the Ohio Board of 
 
 Administration: 
 
 An osteopath is not a physician within the meaning of sec- 
 tions 1954 and 1956 G. C., relative to lunacy proceedings. 
 Opinion No. 1319. July 1, 1918. To Bureau of Vital 
 
 Statistics: 
 
 A chiropractor is not authorized to sign a death certificate 
 under section 210 G. C., and he is not a “physician” as that 
 term is used in said section. 
 
 Opinion No. 221. April 19, 1919. To the Prosecuting At- 
 torney, Paulding, Ohio. 
 
 Probate Court—Lunacy affidavit filed—person wanders in- 
 to another county—Sheriff of adjoining county incurs expenses 
 in said arrest without having warrant—Held—No legal author- 
 ity to pay expenses. 
 
 Opinion No. 1463. July 24, 1920. To Bureau of Inspection 
 of Public Offices: 
 
 1. When under Section 1957 G. C. the medical certificate in a 
 lunacy proceeding becomes void because the person named 
 in such certificate is not admitted to a state hospital within 
 ten days from the date of issue, a new inquest is not by 
 that fact rendered necessary. 
 
 2. In such a case the same medical witnesses, if available, may 
 execute a second medical certificate. Said witnesses are 
 not, however, entitled to extra compensation for their ser- 
 vices relative to such second certificate. 
 
 8. If, however, the medical witnesses who made the first cer- 
 tificate are not available to make a second certificate, when 
 the first has been voided by lapse of time, the probate judge 
 may issue subpoenas for two other medical witnesses, and 
 
382 
 
 DEPARTMENT OF PUBLIC WELFARE 
 
 Section No. 
 
 1947-. 
 1983. 
 
 cause them to execute the second medical certificate. In such 
 case each of said medical witnesses would likewise be en- 
 titled to the fees provided by section 1981 G. C., to wit, “five 
 dollars in full for all services rendered.” 
 
 Op. Atty. Gen. (1920) p. 733. 
 
 Under sections 1956 and 1981, as amended in House Bill 
 294, the two physicians designated by the probate court to 
 make the examination and certificate required, are entitled 
 to a fee of $5.00 when the person proceeded against is ad- 
 judged to be insane and are not entitled to such fee when 
 such person is not adjudged to be insane. 
 
 Hunt v. State, 20 O. C. C. (N. S.) 111 [affirmed, without 
 opinion, Hunt v. State, 88 O. S. 599]. 
 
 Notwithstanding an enabling act authorizing the suit to be 
 brought, a petition asking damages for the alleged wrongful 
 act of a probate judge in adjudging the plaintiff insane and 
 for acts k, violence and other forms of mistreatment claimed to 
 have been inflicted upon her by the officers and employees of a 
 state hospital where she was committed, does not state a cause 
 of action. 
 
 No. 298. May 20, 1918. To Probate Judge, Columbus, 
 Ohio: 
 
 State hospitals for the insane. Power of probate court to | 
 commit and duty of hospital officials to receive. The.only limita- 
 tions upon the power of the probate court to commit are the 
 statutory provisions providing for review on error and the re- 
 striction as to the full quota allowed to be received from each 
 district. 
 
 No. 658. July 28, 1915. To Prosecuting Attorney, Galli- 
 polis, Ohio: 
 
 Superintendents of general hospitals for the insane can 
 not be compelled to accept persons who come within the statu- 
 tory definition of an idiot. 
 
 Opinion No. 742. October 29, 1919. To the Prosecuting 
 Attorney, Ottawa, Ohio: 
 
 A female person appointed by the probate judge to accom- 
 pany the sheriff and a feeble-minded person to the institution 
 for the feeble-minded is entitled to receive only such fees and 
 allowances for expenses as are provided by Section 1981 G. C., 
 as amended by H. B. 108, O. L. 262, to wit, a fee of two dollars, 
 and mileage at the legal rate of railroad transportation for the 
 distance actually and necessarily traveled. Expenses for meals 
 can not be allowed such assistant. 
 
 A person appointed by the probate judge to convey a pa- 
 tient to the Ohio Hospital for Epileptics at Gallipolis is entitled 
 to receive a fee of two dollars for such service and likewise 
 
Section No 
 
 1963. 
 
 L B Sig 25 
 
 LAW BULLETIN 383 
 
 traveling and “incidental expenses.” “Incidental expenses” in- 
 clude reasonable expenses for the meals of such person. 
 (Sec. 2048 O. H. E.) 
 
 See Opinion No. 1387 under Section 1982. 
 
 Opinion 1475. August 3, 1920. To the Ohio Board of Ad- 
 ministration: 
 
 When a person has been committed by the juvenile court to 
 the board of administration for examination by the bureau of 
 juvenile research and has by that bureau been declared insane 
 and recommended to be assigned to a hospital for the insane 
 for observation and treatment, such person is legally in said 
 institution. 
 
 Clothing furnished such person so received, by the super- 
 intendent of an institution for the insane may not be charged 
 
 against the county of said person’s legal residence under sec- 
 tion 1962 G. C. 
 
 No. 674. August 2, 1915. To Probate Judge, Columbus, Ohio: 
 
 The probate judge must supply each patient sent to hos- 
 pitals for insane with proper clothing, if same is not otherwise 
 furnished. Clothing should be substantial. 
 
 Cited in support of the proposition that the jurisdiction ac- 
 quired by the probate court in an inquisition of lunacy, under 
 our statutes, continues until the discharge of the patient: Heck- 
 man v. Adams, 50 O. S. 305. 
 
 Where the superintendent of an insane asylum, acting in 
 good faith, with the assent of the trustees of the institution, 
 and solely with reference to the welfare of the patient, permits 
 her to be removed to and remain temporarily at the residence 
 of a near relative, the husband of the patient .:in not, by man- 
 damus, compel her restoration to the asylum; and the fact that 
 such residence is beyond the limits of the state will make no 
 difference: Rutter v. State, 38 O. S. 496. 
 
 The superintendent, acting in good faith, with the assent 
 of the trustees (Department of Welfare) and solely with refer- 
 ence to the welfare of a patient, may permit such a patient to 
 be removed to and remain temporarily at the residence of a 
 near relative, although beyond the limits of the state: Rutter 
 v. State, 38 O. S. 496. 
 
 The fact that a person who has been committed to a state 
 hospital for the insane has been discharged therefrom, does 
 not operate as a vacation of an order of the probate court which 
 appointed a guardian for such person. The appointment of 
 such guardian by the probate court can not be attacked collat- 
 erally by reason of such discharge. Accordingly, if such in- 
 sane person brings an action in his own name to recover dam- 
 ages for his confinement in such state hospital for the insane, 
 the trial court may substitute such guardian for such plaintiff; 
 and such order is not reversible error. The guardian may then 
 
384 
 
 DEPARTMENT OF PUBLIC WELFARE 
 
 Section No. 
 
 dismiss such action: Reno v. Love 25 O. C. C. (N. S.) 129, 26 
 O. C. D. 296, 60 Bull. 497 (Ed.) 
 
 A probate judge who is notified of the order for the dis- 
 charge of a patient from the hospital for the insane, under 
 this section, has no judicial discretion in issuing a warrant for 
 the removal of the patient. The officers of the asylum have 
 full power and ample discretion in determining whether a patient 
 should be discharged or not; and if they discharge a patient 
 and notice is given, as provided by this section, the duty of 
 the probate judge to issue the warrant is ministerial; and if 
 he refuses to issue the warrant he may be compelled by man- 
 damus so to do: State ex rel., v. Burgoyne, 7 O. S. 153. 
 
 No. 2952. March 28, 1922. To the Department of Public 
 Welfare: 
 
 A patient remaining away from the institution exceeding 
 the 90 day period, shall be considered under the jurisdiction of 
 the institution and may be returned without legal proceedings. 
 
 The jurisdiction of a state hospital for the insane, over a 
 patient lawfully committed, continues until the patient is legally 
 discharged, and probate court proceedings of the nature of an 
 original commitment are unnecessary and unwarranted in the 
 instance of the return and admittance to the institution of a 
 patient who has exceeded the period of the ninety day visita. 
 tion permitted under section 1968 G. C. 
 
 No. 412. February, 1912. To Secretary, Board of State 
 Charities: 
 
 An applicant for admission to any state institution under 
 the voluntary commitment act, Sections 1972-1974 G. C., is not 
 amenable to the “pay patient” provisions, but as the power 
 to receive such applicant is discretionary with the superintend- 
 ent of the institution, the applicant might be required to pay 
 a reasonable compensation for his maintenance while in the in- 
 stitution. 
 
 The question of the sanity or insanity of the person who 
 is confined as insane can not be determined upon the application 
 for the writ of habeas corpus; but such writ must issue and the 
 question of sanity or insanity must be determined on the issue 
 made by the return thereto: In re Gunning, 14 O. C. C. 507, 
 TOnGe D.AAB: 
 
 No. 2952. March 28, 1922. To Department of Public Wei- 
 fare: 
 
 The expense incident to the return of escaped patients of 
 a state hospital for the insane, when not covered by the pro- 
 visions of section 1978 G. C. may be paid from the funds of 
 the institution appropriated or avaliable for such a purpose. 
 
 There is no authority of law for the discontinuance of the 
 names of escaped patients from the rolls of the institution, and 
 the same should be continued thereon indefinitely. 
 
LAW BULLETIN oe 385 
 
 Section Nu. 
 1984—. Lima Staw Hospital 
 2003. 
 
 See Opinion August 27, 1923, under Section 13608. 
 
 No. 1677. January 8, 1919. To the Prosecuting Attorney, 
 Cincinnati: 
 
 Where a person is found to be insane after indictment, and 
 before sentenced, the probate judge, when receiving a certifi- 
 cate to this effect, must commit such person to the Lima State: 
 Hospital, where he must remain until he is restored to reason- 
 
 The implication of G. C. Section 13610, that a bond may be 
 given if the accused is found not to be sane, yields to the ex- 
 press provision of G. C. Section 2003, that he shall be committed 
 to the Lima State Hospital: State v. Hollenbacher, 101 O. S. 
 478. 
 
 No. 954. October 20, 1915. To Probate Judge, Cincinnati, 
 Ohio: 
 
 A person acquitted of a criminal charge on the ground of 
 insanity should be sent to Lima State Hospital. If acquittal 
 on the ground of insanity be made in a United States court, 
 that fact would not deprive a probate court of jurisdiction. 
 
 No. 1036. November 19, 1915. To Superintendent, Lima 
 State Hospital: 
 
 Commitment to the Lima State Hospital of persons ac- 
 cused of crime found by the grand jury to be insane before in- 
 dictment and reported to the common pleas court may be made 
 ander provisions of section 13577 G. C., without certifying the 
 matter to the probate court as in other cases. 
 
 The order of commitment of one who is found to be insane 
 when under indictment, is a ministerial and mandatory order 
 explicitly written into the statute. The accused can in no wise 
 be prejudiced by an order committing him, made by the court 
 of common pleas, which would be equally mandatory upon the 
 probate court were the latter given the custodianship of the 
 prisoner for the mere purpose of commitment: State, ex rel., 
 v. Clark, 102 O. S. 404. 
 
 If the attorney for the accused makes no objection to a 
 trial of the insanity of the accused in the common pleas court 
 on motion of the prosecuting attorney, the act of such court in 
 sentencing the prisoner to the Lima State Hospital is not re- 
 versible error: State, ex rel., v. Clark, 102 O. S. 404. 
 
 No. 556. June 30, 1915. To Governor: 
 
 The Governor has no power to direct that the Board of 
 Administration transfer patients from other state hospitals to 
 Lima State Hospital. If insane convicts confined in the Lima 
 State Hospital, whose terms of sentence have not expired, have 
 been restored to reason, they shall be transferred forthwith to 
 the penitentiary or reformatory from which they came. Those 
 
386 
 
 DEPARTMENT OF PUBLIC WELFARE 
 
 Section No. 
 
 2004— 
 2034-7. 
 
 2035- 
 2051. 
 
 2054— 
 2072. 
 
 persons, not convicts, so confined, can not be returned to state 
 hospitals, but may be discharged under section 1998 G. C. 
 
 No. 674. August 2, 1915. To Probate Judge, Columbus, 
 Ohio: 
 
 No examination by physicians is required in case of appli- 
 eation for transfer of patients in insane hospital to the Lima 
 State Hospital. 
 
 No. 1405. March 22, 1916. To Ohio Board of Administra- 
 tion: 
 
 Board of administration authorized to transfer to Lima 
 without intervention of probate court. 
 
 Longview Hospital 
 
 (See opinions cited under Section 1867 G. C.) 
 
 A pauper can not be discharged from Longview and the 
 duty of his support cast upon the county, without the certifi- 
 cate required by statute: State v. Ritt, 6 Dec. Rep. 940, 8 Am. 
 L. Rec. 750. 
 
 April 17, 1923. To the Department of Welfare: 
 
 Directors of Longview Hospital authorized to select Super- 
 intendent, and other employees, and fix salaries—but state must 
 provide funds to pay such salaries. 
 
 Ohio Hospital for Epileptics 
 
 See Opinion No. 1677 cited under Sections 1984-2003 G. ©. 
 
 No. 298. May 20, 1913. To Probate Judge, Columbus, 
 Ohio: Ohio Hospital for Epileptics. Power of probate court to 
 commit and duty of hospital officials to receive. | 
 
 No. 506. May, 1912. To Bureau of Inspection and Super- 
 vision of Public Offices: 
 
 Certificate of only one medical witness required to admit 
 an epileptic to Ohio Hospital for Epileptics. 
 
 Opinion No. 742. October 29, 1923. To the Prosecuting 
 Attorney Putnam County: } 
 
 A person appointed by the probate judge to convey a pa- 
 tient to the Ohio Hospital for Epileptics at Gallipolis is entitled 
 to receive a fee of two dollars for such service and likewise 
 traveling and “incidental expenses.’ “Incidental expenses’ in- 
 clude reasonable expenses for the meals of such person. 
 
 See Opinion No. 1860, Aug. 19, 1916, cited under Sec. 3496 
 Cam OF 
 
 See Opinion No. 742 cited under Section 1959 G. C. 
 
 Ohio State Sanatorium 
 
 Opinion 1673. Jan. 6, 1919. To the Prosecuting Attorney 
 of Logan County: 
 
LAW BULLETIN 387 
 
 Section No. 
 
 A person has a legal residence in that county in which he 
 has continuously resided for a period of twelve consecutive 
 months and during said period has not received any relief un- 
 der the provisions of law for the relief of the poor. 
 
 If the proper authorities of a county in which a person 
 has a legal residence refuses to accept such person from a 
 county to which he has later removed, and said latter county 
 furnishes necessary relief to the person, then said county has 
 a right of action against the county in which the person has a 
 legal residence for expenses so incurred in furnishing relief. 
 
 Opinion February 21, 1923. To the Department of Public 
 Welfare: 
 
 Support of patient in Sanatorium who has not established 
 a residence in any county in State. No county is liable for pay- 
 ment to Sanatorium. 
 
 No. 845. June 138, 19138. To Superintendent, Ohio State 
 
 Sanatorium: 
 
 None but citizens of Ohio may be admitted to Ohio State 
 Sanatorium. 
 
 No. 1094. August 10, 1914. To Prosecuting Attorney, Mt. 
 Vernon: 
 
 The County Commissioners are without authority in law 
 to contract for the care and treatment of tuberculosis patients 
 at the Ohio State Sanatorium. 
 
 No. 970. October 27, 1915. To Board of State Charities: 
 
 Applicants for admission to or inmates of the Ohio State 
 Sanatorium may pay the amount fixed by law under Section 
 2068 G. C. to the superintendent of the Sanatorium. Board of 
 State Charities is only required to make investigation of such 
 cases as may be reported by the Superintendent. Sections 1815- 
 13-14-15 are to be read in connection with Section 1815-9 G. C. 
 
 2083— Boys’ Industrial School 
 2100. 
 
 Trespassing on grounds or signaling inmates; penalty: see 
 note to G. C. Section 12839. 
 
 Opinion No. 706. October 16, 1917. To the Probate Judge, 
 Kenton, Ohio: ; 
 
 A boy came into the custody of the juvenile court prior to 
 his becoming eighteen years of age and was placed on probation 
 by the court upon certain conditions. Aften arriving at the 
 age of eighteen he violated his probation. HELD, if the viola- 
 tion of probation in this case consisted of a violation of some 
 rule of conduct imposed by the juvenile court upon this boy 
 prior to his becoming eighteen years of age, the juvenile court 
 can now deal with such boy in exactly the same manner as if he 
 were still under eighteen years of age, except that the court is 
 without authority to commit such boy to the boys’ industrial 
 
388 
 
 DEPARTMENT OF PUBLIC WELFARE 
 
 Section No. 
 
 school. If, however, the violation of probation consisted of the 
 commission of some offense against the state laws or local or- 
 dinances since such boy became eighteen years of age, the juy- 
 enile court has no jurisdiction in the punishment of such of- 
 fense and the boy should be proceeded against in the same man- 
 ner and in the same court as though he were an adult. 
 
 This section is not repugnant either to Art. I, Section 5, 
 or Art. I, Section 10, of the constitution of Ohio. The indus- 
 trial school is not a prison, and a proceeding for commitment 
 thereto is not a criminal prosecution, nor a proceeding according 
 to the course of common law, and, accordingly, a trial by a jury 
 is not necessary: Prescott v. State, 19 O. S. 184. 
 
 If a youth is convicted of an offense under this section, and 
 for that reason is committed to the industrial school, this is a 
 criminal proceeding, within the meaning of the statute con- 
 cerning fees. There must be a regular criminal prosecution 
 and the probate judge can not receive fees, since these services 
 are covered by the allowance of the county commissioners to 
 the probate judge for services in criminal business. Commit- 
 ments for truancy and the like, where no conviction of an of- 
 fense is required, a trial by jury is not necessary, and are pro- 
 ceedings for which the probate judge must be paid fees: Mil- 
 lard v. Commissioners, 5 O. C. C. (N. S.) 145, 16 O. C. D. 445. 
 
 No. 288. April 6, 1912. To Superintendent, Boys’ Indus- 
 trial School: 
 
 Commitment of boys under ten. Section 2084 G. C., pro- 
 viding a minimum age of ten years for boys who may be com. 
 mitted to the boys’ industrial school, applies only to offenses 
 against the state and does not interfere with the powers of a 
 judge under the juvenile act to commit delinquent, neglected 
 or dependant minors under the age of seventeen years to any 
 state or county institution. 
 
 No. 319. May 8, 1915. To Probate Judge, Bryan, Ohio. 
 
 Juvenile Court Judge is without authority to commit youth 
 over eighteen years of age to Boys’ Industrial School. 
 
 No. 1377. January 6, 1915. To Superintendent, Boys’ In- 
 dustrial School: 
 
 Jurisdiction of Juvenile Court over boy ceases when he is 
 committed by the Court to the Boys’ Industrial School. 
 
 - No. 1238. November 13, 1914. To Judge of Juvenile Court, 
 Cleveland, Ohio: 
 
 All persons committed to any institution under control of 
 the Ohio Board of Administration shall be considered as com- 
 mitted to the control, ete. of such Board. Commitment by Juv- 
 enile Court of delinquent boys to Boys’ Industrial School shall 
 be made as before the passage of the juvenile research act, 
 sections 1841-1 et seq. 
 
LAW BULLETIN 389 
 
 Section No. 
 
 2101- 
 2119. 
 
 No. 393. May 19, 1915. To Ohio Board of Administration: 
 Child labor law. Boys paroled from Boys’ Industrial School 
 not permitted to work at places of amusement after 6:00 P. M. 
 
 Opinion July 26, 1921. To Department of Public Welfare: 
 
 Power to parole or discharge vested jointly in Superintend- 
 ent and Department of Welfare. 
 
 Opinion October 25, 1922, to the Superintendent of the 
 Ohio State Reformatory: 
 
 Section 2096 G. C., in its present form, authorizes the 
 transfer to the Ohio State Reformatory of any inmate in ‘the 
 Boys’ Industrial School who is more than sixteen years of age, 
 regardless of what particular specification of delinquency (See 
 Sec. 1644 G. C.) the boy was charged with in the committing 
 court. Obviously, the section was intended to be availed of only 
 where a boy, by reason of incorrigibility or obnoxious conduct, 
 can not be properly handled by the methods of the Boys’ In- 
 dustrial School. 
 
 The statute which provides for the transfer of juvenile of- 
 fenders from the penitentiary to the industrial school applies 
 to offenders sentenced before the passage of such act as well 
 as after: State, ex rel., v. Peters, 43 O. S. 629. 
 
 Girls’ Industrial School 
 
 Trespassing on grounds or signaling inmates; penalty: see 
 note to G. C. Section 12839. 
 
 The girls’ industrial home is not a penal institution but a 
 school. The fact that the inmates are subjected to restrictions 
 does not make the institution a prison. The provisions of this 
 chapter (G. C. §§2101 to 2119), are valid and constitutional 
 exercise of legislative power: State, ex rel., v. Stiles, 12 O. D. 
 (N. P.) 3388. 
 
 If a woman was appointed chief matron of a girls’ indus- 
 trial school under this section on the first of August, 1913, it 
 will be presumed that such statute was valid and constitutional 
 in the absence of judicial determination to the contrary; and 
 if such statute were unconstitutional in authorizing the ap- 
 pointment to public office of a woman who is not an elector, 
 such statute, and such appointment thereon, were rendered 
 valid by the adoption of Art. XV, §4 of the constitution of Ohio, 
 as amended November 4, 19138, which authorized the appoint- 
 ment of a woman to such an office: State, ex rel., v. Campbell, 
 94 O. S. 403. 
 
 The chief matron of the girls’ industrial school is a public 
 officer; and under the provisions of Art. II, §20 of the consti- 
 tution of Ohio, the salary of such officer can not be changed dur- 
 ing her existing term unless the office be abolished: State, ex. 
 rel., v. Campbell, 94 O. S. 403. 
 
390 
 
 DEPARTMENT OF PUBLIC WELFARE 
 
 Section No. 
 
 The term “officers” as used in Art. II, Section 20 of the 
 Constitution, includes both appointive and elective officers. 
 
 Opinion No. 1087. February 28, 1918. To the Prosecuting 
 Attorney, Summit Co: 
 
 The sheriff is not the proper officer to convey girls to the 
 Girls’ Industrial School, and if he performs such service he 
 may not collect any fee therefor. The proper officer to render 
 such service is the probation officer, and there must be at least 
 one probation officer in every county. The expenses of such 
 transportation are payable out of the county treasury on the 
 certificate of the juvenile judge, as provided in section 1682. 
 
 No. 416. June 20, 1919. To Prosecuting Attorney, Medina, 
 Ohio. 
 
 Because of age limitation imposed by section 1653-1 G. C., 
 a delinquent female minor child under the age of ten years 
 can not legally be committed to the Girls’ Industrial School by 
 the probate court, in the exercise of its juvenile jurisdiction. 
 
 Disposition of such a child should be made in one of the 
 ways provided by sections 1652 and 1352-5 G. C. 
 
 Under this section, a girl under the age of eighteen, sen- 
 tenced to the penitentiary before the passage of this statute, may 
 be transferred to the girls’ industrial school: State ex rel., v. 
 Peters, 43 O. S. 629. 
 
 No. 633. July, 1912. To Chief Matron, Girls’ Industrial 
 School: 
 
 Ohio Board of Administration has legal control and cus- 
 tody of any inmate of the Girls’ Industrial School from the 
 time of commitment until legally discharged, or until such in- 
 mate attains the age of twenty-one, regardless of whether or 
 not such inmate is married at the time of commitment or be- 
 comes married during the term of the board’s control. 
 
 Opinion No. 154. March 381, 1919. To the Prosecuting 
 Attorney, Batavia, Ohio: 
 
 When a minor child under the age of eighteen years is 
 arrested and taken before a justice of the peace and the lat- 
 ter transfers the case to the judge of the juvenile court as 
 provided by section 1659 G. C. costs are taxable in favor of 
 the justice of peace and the constable and should be paid as 
 provided in section 1682 G. C. 
 
 When a minor child under the age of eighteen years is a 
 resident of Warren County but while in Clermont violates a 
 law of the State of Ohio such minor may be proceeded against 
 as a juvenile delinquent person in the juvenile court of War- 
 ren County. 
 
LAW BULLETIN 391 
 
 Section No. 
 2129— Ohio State Reformatory 
 2147. 
 
 The Ohio State Reformatory is a prison for persons who 
 are convicted of felonies and committed thereto by a sentence 
 of the court following such conviction; while for delinquent 
 children who have been committed thereto after having com- 
 mitted an act which constitutes a felony, it is only a school or 
 place of reformation. Leonard v. Licker, 3 Ohio App. 377, 23 
 0. C. C. (N. S.) 442 (citing Prescott v. State, 19 O. S. 184.) 
 
 No. 737. August 18, 1915. To Prosecuting Attorney, 
 Jackson, Ohio: 
 
 Under the provisions of this section, the superintendent of 
 the Ohio State Reformatory is only authorized to receive male 
 criminals of certain age “if they are not known to have been 
 previously sentenced to a state prison.” Therefore, if a court 
 sentences a person to the reformatory on three separate indict- 
 ments, the superintendent of such reformatory is only author- 
 ized to receive him on the first sentence and can only certify 
 cost bill of case in which person is first sentenced. 
 
 No. 1258. February 10, 1916. To Prosecuting Attorney, 
 Akron, Ohio: 
 
 If, upon the hearing of a delinquent male child, it appears 
 that his delinquency is due to his having committed a felony, 
 and he is at the time of the hearing sixteen years of age or 
 over, he may be committed to the Ohio State Reformatory. 
 
 See opinion cited under Sec. 1841-9-1841-12. 
 See opinion cited under Sec. 2096 (Boys’ Ind. School.) 
 
 January 38, 1922. To the Department of Public Welfare: 
 Driving of a State’s well at the Reformatory affected water 
 supply of neighboring land owners. 
 
 Such land owners have valid reason for making claim for 
 damages, if they choose. Would then be a matter for the at- 
 tention of the Sundry Claims Board. 
 
 2148-1— Ohio Reformatory for Women 
 2148-11. 
 
 No. 49. February 23, 1917. To the Prosecuting Attorney 
 of Muskingum County: 
 
 A woman convicted of a misdemeanor must be sentenced to 
 the Ohio Reformatory for Women when such sentence will re- 
 sult in imprisonment for more than thirty days and in such 
 cases where a prisoner is remanded for non-payment of fines 
 and costs, she must be remanded to the Ohio Reformatory for 
 Women instead of to a jail, workhouse or other such institu- 
 tion, when the imprisonment so caused will be in excess of 
 thirty days. 
 
392 DEPARTMENT OF PUBLIC WELFARE 
 
 Section No. 
 2148-1- Women convicted of violations of city or local ordinances 
 
 2148-11.can not be sentenced to the Ohio Reformatory for Women at 
 Marysville. 
 
 No. 363. June 11, 1917. To the Probate Judge of Sum- 
 mit County: 
 
 When a juvenile court finds a girl over sixteen years to 
 be delinquent, such court is not required to send her to the 
 Ohio Reformatory for Women, but may, if it sees fit, send her 
 to such institution or to the Girls’ Industrial School, or other 
 institution for juvenile delinquency. 
 
 No. 427. July 5, 1917. To the Auditor of State: 
 
 The state is liable for the cost of conviction and the costs 
 of transportation in cases where women are sentenced and 
 committed to the Ohio Reformatory for Women for the com- 
 mission of felony, transportation fees to be the same as are al- 
 lowed in penitentiary cases. 
 
 The state is not liable for costs of conviction and costs of 
 transportation when women are sentenced to the Ohio Reforma- 
 tory for Women for misdemeanors or delinquency. 
 
 No. 841. December 8, 1917. To the Bureau of Inspection 
 and Supervision of Public Offices: 
 
 There is no authority for the payment of any fees to mar- 
 shals and chiefs of police for transporting prisoners to the 
 Ohio Reformatory for Women in cases where they have been 
 sentenced to such institution by the mayor, police or municipal 
 judge. When prisoners have been sentenced to the Reformatory 
 for Women by the justice of the peace, the constable may re- 
 ceive a fee of forty cents for serving the mittimus and the 
 mileage as provided for in section 3347 G. C. He may also be 
 reimbursed for the expense incurred in transporting and sus- 
 taining a prisoner such sum as may be allowed by the justice 
 of the peace, from the county treasury. 
 
 No, 22. February 3, 1917. To the Prosecuting Attorney, 
 Pomeroy, Ohio: 
 
 This opinion holds that a justice of the peace in all mis- 
 demeanor cases in which he may rightfully exercise final juris- 
 diction, has authority to sentence women so convicted to the 
 Ohio Reformatory for Women. 
 
 Op. Atty. Gen. (1919) p. 40. 
 
 The fact that the Ohio Reformatory for Women does not 
 have the capacity at this time to care for additional prisoners, 
 will not justify the courts in disregarding the provisions of 
 sections 2148-5 and 2148-7 G. C., which require that female 
 offenders, except in certain cases therein specifically provided 
 for, be sentenced to that institution. 
 
 No. 355. June 7, 1917. To the Bureau of Inspection and 
 Supervision of Public Offices: 
 
LAW BULLETIN 393 
 
 Section No. 
 Even though council, under section 3628 G. C., provides 
 
 in an ordinance that a violation of it “shall be a misdemeanor” 
 this does not make such violation a “misdemeanor” within the 
 meaning of that word as used in the state penal code. 
 
 A woman convicted of the violation of such an ordinance 
 can not be sentenced to the Ohio Reformatory for Women. (See 
 Opinion No. 49, Feb. 23, 1917.) 
 
 No. 1697. December 10, 1920. To the Ohio Board of Clem- 
 ency: 
 
 Commitments to the Ohio Reformatory for Women under 
 the provisions of Section 13031-17a G. C. (108 O. L., Part I, p. 
 731) are to be regarded as felony commitments, and are “for 
 an indeterminate period of time not less than one nor more 
 than three years in duration.” With said section, the pro- 
 visions of Section 2148-9 G. C. are entirely consistent. 
 
 Commitments to the Ohio Reformatory for Women under 
 the provisions of Section 13031-17b G. C. (108 O. L., Part I, p. 
 732) are to be regarded as misdemeanor commitments, and are, 
 pursuant to the provisions of said section, “for not more than 
 one year.” Said section is in the nature of an exception to the 
 general rule for misdemeanor commitments stated by section 
 2148-9 G. C. 
 
 No. 77. March 8, 1917. (Also June 19, 1923.) To the 
 Ohio Board of Administration: 
 
 When a woman is committed to the Ohio Reformatory for 
 Women for non-payment of fine and costs, the sentencing court 
 or magistrate must specify the amount of the fine and costs 
 and the rate of credit per day to be given the prisoner, so that 
 the superintendent of the reformatory can compute the num- 
 ber of days to be served from the commitment. 
 
 When the sentencing court or magistrate certifies to the 
 superintendent of the Ohio Reformatory for Women that a 
 woman committed to that institution for non-payment of fine 
 and costs has fully paid the same, it is the duty of the super- 
 intendent of such reformatory to release such prisoner. 
 
 2155— Ohio Penitentiary 
 
 2297. 
 April 25, 1923. To the Department of Public Welfare: 
 
 There appears to be no authority conferred upon the offi- 
 cials having the control of state penal institutions to enter into 
 any contract or arrangement with the Federal Government for 
 receiving and keeping Federal prisoners, and the fact that at 
 one time such authority was expressly conferred by Section 
 2205 of the General Code would indicate that no such authority 
 can exist without some legislative enactment in that regard. 
 
 In construing a former statute (R. S. § 7427, repealed, 81 
 v. 77), which provided that if a convict was sentenced by the 
 
394 
 
 DEPARTMENT OF PUBLIC WELFARE 
 
 Section No. 
 
 2160-— 
 2166. 
 
 court to solitary confinement, the board might modify such sen- 
 tence if necessary, to prevent serious injury to his health, the 
 court said that such statute applied to convicts who were sen- 
 tenced before such statute was enacted, as well as to those 
 who were sentenced subsequent thereto: State, ex rel., v. Peters, 
 43° 0.5. -629: 
 
 See Opinion cited under Section 2202 G. C. 
 
 The term, “period of imprisonment” as used in this section, 
 means the term of sentence, less the time which, under the rules 
 of the penitentiary, may be deducted for good conduct: In re 
 Bailus, 8 0. C. C. (N. S.) 454, 19 0. C. D. 632. 
 
 See citation under Section 2168 G. C. 
 
 Where it is discovered that one of the prisoners in a work- 
 house is an escaped convict from the penitentiary, it is the better 
 practice to await the expiration of his workhouse sentence and 
 then rearrest and recommit him to the penitentiary: Harring- 
 ton v. Bader, 12 O. C. C. (N. S.) 257, 22 O. C. D. 498, 6 O. L. 
 Fy 120; 
 
 Indeterminate Sentence Law 
 
 Whether Art. III, §11, of the Ohio constitution renders 
 this section unconstitutional was considered but not decided in 
 a case in which error was not prosecuted to the sentence im- 
 posing imprisonment for such indeterminate term; but habeas 
 corpus proceedings were brought under G. C. §12165 after the 
 expiration of the minimum term of imprisonment for which 
 the accused could have been sentenced; since even if such sen- 
 tence was erroneous, the error of the court related to the sen- 
 tence and the punishment only, and was not jurisdictional: in 
 re Allen, 91 O. S. 315. 
 
 Where a person, who is convicted of a crime under a stat- 
 ute prescribing punishment by imprisonment in the peniten- 
 tiary for a definite number of years, is given an indeterminate 
 sentence, the question of the validity of the statute authoriz- 
 ing such indeterminate sentence can not be raised in a proceed- 
 ing in habeas corpus: in re Allen, 91 O. S. 315. 
 
 Whether this section is in violation of Art. III, §11, of the 
 constitution of Ohio, or of Art. IV, $1, of the constitution of 
 Ohio, or whether it has been repealed, will not be determined 
 where the accused does not prosecute error to the indefinite 
 sentence; but where he proceeds in habeas corpus under G. C. 
 §12165, after the expiration of the minimum term for which he 
 could have been sentenced: in re Winslow, 91 O. S. 328. 
 
 The indeterminate-sentence statute (G. C. §2166; 103 v. 
 29) does not apply to prior offenses: Francis v State, 4 Ohio 
 App. 465, 25 O. C. C. (N. S.) 281. 
 
 The provisions of G. C. §12447 to the effect that one who 
 steals property of the value of $35.00 or more shall be imprison- 
 
LAW BULLETIN 395 
 
 Section No. 
 
 2160-. 
 2166- 
 
 ed in the penitentiary for not less than one year nor more than 
 seven years, does not authorize the court to impose an indeter- 
 minate sentence. Unless some other statute authorizes an in- 
 determinate sentence, it is the duty of the court to impose a 
 definite sentence; Francis v. State, 4 Ohio App. 465, 25 O. C. C. 
 (N. 8.) 281. 
 
 No. 1728. December 22, 1920. To the Prosecuting Attor- 
 ney, Warren, Ohio: 
 
 Where a person has been convicted on two or more separate 
 indictments charging different offenses, and has been sentenced 
 on each to an indeterminate period of imprisonment in the 
 Ohio State Reformatory, the costs in each case should be paid 
 by the state in the manner provided by section 13722 G. C. 
 et seq. 
 
 See Opinion cited under Section 1841-2 G. C.—April 10, 
 1928. 
 
 No. 1803. December 15, 1914. To Warden, Ohio Peniten- 
 tiary: 
 
 When Governor commutes the term of a prisoner serving 
 an indeterminate sentence in the Penitentiary, his action is a 
 reduction of the maximum term provided by law and does not 
 change the nature of the prisoner’s sentence so as to entitle 
 him under Section 2163 G. C., to a further diminution of sen- 
 tence. 
 
 No. 29. November 25, 1918. To Warden, Ohio Peniten- 
 tiary: 
 Sentence imposed while prisoner is inmate of Penitentiary 
 
 commences at expiration of present term, as provided by sec- 
 tion 18601 G. C. 
 
 No. 136. March 18, 1918. To Board of Administration: 
 
 Board has power, under section 2160 G. C. to provide for 
 conditional or absolute release of prisoner under general sen- 
 tence, provided he has served the minimum term provided by 
 law for the crime of which he was convicted. 
 
 No. 347. May 11, 1915. To Ohio Board of Administra- 
 tion: 
 
 Sentence for indeterminate period without authority of 
 law is erroneous (case of Estel Judd, No. 43133). There is no 
 authority in law under indeterminate sentence act to sentence 
 for crime committed prior to the passage of the act. Erroneous 
 sentence to the Penitentiary should be executed through pro- 
 ceedings in error; habeas corpus will not lie. Imprisonment in 
 Penitentiary under erroneous sentence does not render prisoner 
 ineligible for suspended sentence imposed subsequent thereto. 
 Jurisdiction of court to sentence prisoner in abandonment cases 
 continues until minor reaches age of sixteen years. 
 
396 
 
 Section No. 
 
 2160- 
 2166- 
 
 DEPARTMENT OF PUBLIC WELFARE 
 
 Section 2166 G. C. can not in any way apply to prisoners 
 
 No. 408. July 28, 1918. To Ohio Board of Administration: 
 confined in the Penitentiary prior to the law becoming effective. 
 
 No. 560. June 30, 1915. To Prosecuting Attorney, George- 
 town, Ohio: 
 
 Upon confession of guilt in open court and fixing of crime 
 as murder in second degree, the court should sentence generally 
 to the Ohio Penitentiary and not for definite term. 
 
 No. 515. September 26, 1918. To Warden, Ohio Peni- 
 tentiary: 
 
 Indeterminate sentence law relates to all sentences imposed 
 by the court after said law went into effect. Any person sen- 
 tenced on or after the 29th day of May, 1913, except those 
 found guilty of treason or murder in the first degree shall 
 receive an indefinite sentence. 
 
 No. 968. June 4, 1914. To Warden, Ohio Penitentiary: 
 
 The indeterminate sentence law is ex-post facto and void 
 as to prisoners sentenced after it became effective for crimes 
 committed prior to that time. Where the courts impose definite 
 sentences after that date, such sentences should stand regard- 
 less of the indeterminate sentence law, and such prisoners 
 should be released upon the expiration of such definite term. 
 The question of the legal effect of indeterminate sentences im- 
 posed upon prisoners after May 29, 1918, for crimes committed 
 prior to that date should be determined by habeas corpus pro- 
 ceedings in view of the question of the power of the court to 
 impose indeterminate sentences under the law. 
 
 No. 1741. June 29, 1915. To Governor: 
 
 No authority for issuance of conditional certificate of res- 
 toration; hence a convict who has served the entire term fixed 
 by a commutation of sentence, conditional or otherwise, is en- 
 titled to receive a certificate of restoration upon his compliance 
 with the provisions of section 2161, G. C. 
 
 No. 623. November 24, 1913. To Warden, Ohio Peniten- 
 tiary: 
 
 Clerk of courts, under indeterminate sentence law, is re- 
 quired to furnish the documents and information provided for 
 in section 13697 G. C., to Warden of Penitentiary, upon de- 
 mand, in the case of prisoners sentenced under the indetermin- 
 ate sentence law. 
 
 No. 785. December 2, 1912. To Warden, Ohio Peniten- 
 tiary: 
 
 Prisoner sentenced for two crimes at the same time serves 
 them concurrently when not otherwise provided. 
 
 No. 746. December 138, 1918. To Warden, Ohio Peniten- 
 tiary: 
 
 Under the indeterminate sentence law, it was the inten- 
 tion of the legislature to treat a prisoner serving concurrent 
 
LAW BULLETIN 397 
 
 Section No. 
 
 2167- 
 2175. 
 
 sentences as serving one term. The only way this can be done 
 is to add the minimum and maximum terms for the different 
 felonies of which he was convicted, with such combined mini- 
 mums and maximums as the limits within which the board may 
 act. 
 (Op. Attorney General, April 26, 1923.) 
 
 The question of correcting an erroneous sentence to the 
 Penitentiary is one for the courts, on application by the prisoner. 
 
 Pardon and Parole (See Sections 86-93) 
 
 Dec. 27, 1922. To the Department of Public Welfare: 
 
 When is a prisoner eligible for parole who has been sen- 
 tenced to the Ohio Penitentiary for a crime for which the law 
 provides only a maximum, and not a minimum penalty—Arson 
 and Embezzlement? 
 
 Arson. 
 
 Board may release prisoner at any time after he begins 
 his sentence, since the statute provides the maximum, but not 
 the minimum term of imprisonment. (Sentence—Not more than 
 30 years.) 
 
 If sentence is “for life’, term is minimum as well as maxi- 
 mum, and prisoner in that case could not become eligible for 
 parole. 
 
 No. 50. February 28, 1917. To the Warden of the Peni- 
 tentiary: 
 
 Parole of life prisoner whose term has been commuted to 
 twenty years by Board of Managers void. Violation of such 
 parole does not forfeit “Good Time” nor parole deposit. 
 
 No. 163. April 4, 1917. To the Warden of the Peniten- 
 tiary: 
 
 Habitual Criminal Act—-Repeal of same deprived Board 
 of Managers of the Ohio Penitentiary of authority to parole 
 prisoner sentenced under said act—Violation of such parole 
 does not forfeit good time. 
 
 February 4, 1914. To Ohio Board of Administration: 
 
 A prisoner in the Ohio State Reformatory or on parole 
 from said reformatory, can not be taken from the custody of 
 the reformatory officials to answer to a charge of desertion from 
 the U. S. army. 
 
 A liberal discretion is vested in the board in administer- 
 ing this system of merit and demerit accounts of convicts: 
 State ex rel., v. Peters, 43 O. S. 629. 
 
 As to proof of innocence required in recommending for 
 parole, a person convicted of murder in first degree, see note 
 to G. C. Sec. 12399. 
 
 No. 745. January 15, 1914. To Ohio Board of Adminis- 
 tration: 
 
 Board can not parole a prisoner serving an indeterminate 
 sentence when such prisoner has served a previous term in a 
 
398 
 
 Section No. 
 2167- 
 2175. 
 
 DEPARTMENT OF PUBLIC WELFARE 
 
 penal institution. Board may, however, grant to any such 
 prisoner an absolute release at any time between the expiration 
 
 of the minimum and maximum terms provided by law for the 
 crime of which such prisoner was convicted. 
 
 No. 933. May 19, 1914. To Prosecuting Attorney, Troy, 
 Ohio: 
 
 Power of Board of Administration to parole a prisoner 
 convicted for arson from the Ohio State Reformatory. 
 
 No. 1035. July 7, 1914. To Ohio Board of Administration: 
 
 “Good time” may be restored to prisoner. Right of Board 
 to rescind mistake made by former board of managers. 
 
 No. 1097. August 10, 1914. To Warden, Ohio Peniten- 
 tiary: 
 
 A prisoner who has been previously convicted of a felony 
 and serving a term in a penal institution, can be paroled pro- 
 vided such prisoner has been granted a full pardon for the 
 crime of which he was previously convicted and for which he 
 was previously sentenced. 
 
 No. 1191. October 8, 1914. To Warden, Ohio Penitentiary: 
 
 The Ohio Board .f Administration is without power to 
 parole a prisoner who has previously been convicted in an- 
 other state or sentenced for an offense which is a felony in 
 Ohio. 
 
 No. 512. August 11, 19138. To Warden, Ohio Penitentiary: 
 
 When a prisoner is paroled from the Penitentiary and is 
 afterward sentenced on another charge and his parole revoked, 
 the last sentence begins at the expiration of the first sentence. 
 
 No. 567. July 24, 1912. To Warden, Ohio Penitentiary: 
 
 Penalty for violation of parole or conditional release; max- 
 imum term without deduction for good time. 
 
 No. 574. August 8, 1912. To Ohio Board of Administra- 
 tion: 
 
 A person who violates the conditions of his parole or con- 
 ditional release must be required to serve the entire maximum 
 term of his imprisonment, deducting therefrom only the time 
 from the date of his first commitment to the date of his de- 
 clared delinquency. 
 
 No. 625. December 1, 1918. To Warden, Ohio Peniten- 
 tiary: 
 
 Under the indeterminate sentence law, Section 2166 G. Gr 
 the Board is without authority to parole prisoners at the end 
 of their first term when they are serving more than one term 
 consecutively. 
 
 No. 45. January 30, 1913. To Ohio Board of Administra- 
 tion: 
 
Section No 
 2167- 
 2175. 
 
 LAW BULLETIN 399 
 
 Commutation of sentence by governor can not authorize 
 Board of Administration to parole a prisoner otherwise not en- 
 
 titled to parole. 
 
 LB Sig 26 
 
 No, 122, February 15, 1912. To Ohio Board of Adminis- 
 tration: 
 
 Prisoner sentenced for life imprisonment and sentence com- 
 muted to twenty years not eligible to parole; must have served 
 twenty-five full years. 
 
 No. 165. March 25, 1915. To Ohio Board of Administra- 
 tion: 
 
 Prisoner in Penitentiary is under. control and subject to 
 the orders of the Ohio Board of Administration acting through 
 the Warden and can not be released except under laws relating 
 to paroles or as provided in section 13720, regardless of certifi- 
 cate of suspension of sentence from trial judge. 
 
 No. 174. February 26, 1916. To Ohio Board of Adminis- 
 tration: 
 
 Parole should not be granted to any prisoner serving a 
 sentence for a crime for which there is no minimum penalty 
 prescribed. The fact that such prisoner’s sentence has been 
 commuted does not change the nature of the crime, and, there- 
 fore, in no way affects his eligibility to parole. 
 
 No. 408. July 28, 1918. To Ohio Board of Administration 
 
 Section 2169 G. C., establishing rules and regulations as 
 to parole of prisoners, applies to all prisoners in the Peniten- 
 tiary regardless of time when said prisoners were received. 
 
 No. 486. July 1, 1916. To Ohio Board of Administration: 
 
 Parole of prisoners on probation. Control of Board and 
 control of court. Procedure for release or parole. Suspension 
 of sentence to penitentiary or reformatory. 
 
 Op. Atty. Gen. (1921) p. 550. 
 
 When a prisoner who has been convicted on a felony charge 
 is returned to the Ohio penitentiary or the Ohio state reforma- 
 tory for women, for violating parole, the sheriff (or other offi- 
 cer named in section 13606 G. C.) delivering such prisoner te 
 the warden of the penitentiary or the superintendent of the 
 reformatory, is entitled to receive the mileage and compensa- 
 tion for “necessary expenses” provided for by said section, and 
 said mileage and compensation for necessary expenses are pay- 
 able out of the state treasury from the fund known as the 
 “prosecution and transportation of convicts” fund. 
 
 In a case where a prisoner has been extradited from an- 
 other state on a felony charge, and upon his return to Ohio it 
 is discovered that he is a parole violator, and the indictment 
 upon which he was extradited is nollied and he is returned to 
 the penal institution from whence paroled, to complete his 
 sentence, such costs and expenses as are made uyon extradition 
 
400 
 
 DEPARTMENT OF PUBLIC WELFARE 
 
 Section No. 
 
 2202. 
 
 2210- 
 2217. 
 
 are payable by the county under section 2491 G. C. Such costs 
 and expenses as are made after the prisoner is treated as a 
 parole violator may be paid by the state, under the authority 
 of section 18606 G. C. 
 
 Where a convicted prisoner who has been placed on parole, 
 violates the terms and conditions thereof and goes into another 
 state, he is a “fugitive from justice” within the provisions of 
 the United States constitution and laws, and as such is subject 
 to extradition if his parole is revoked. 
 
 (See citation under Section 2159 G. C.) 
 
 No. 174. March 27, 1915. To Ohio Board of Administra- 
 tion: 
 
 Board of Administration without power to modify sentence 
 of prisoner insofar as solitary confinement provision is con- 
 cerned, except in case of illness. Power to modify rests with 
 Governor (case of Aleck Kish). 
 
 Probation (See Sections 18706-13715 G. C.) 
 
 No. 230. April 12, 1915. To Auditor of State: 
 
 An appropriation for “Prosecution and transportation of 
 convicts” under the heading, “‘Personal Service’, is available to 
 pay costs of apprehending parole violators. Salary and ex- 
 penses of parole officers paid under authority of section 2212-3 
 and 2215 G. C. Costs of conviction payable under section 13727 
 Gaiw. 
 
 No. 226. March 27, 1912. To Ohio Board of Administra- 
 tion: 2 
 
 Parole officers of the Boys’ Industrial School may be al- 
 lowed their expenses incurred in pursuing and bringing back 
 from other states to the institution, boys who have violated 
 their parole. 
 
 No. 358. May 9, 1912. To Prosecuting Attorney, Cleve- 
 land, Ohio: 
 
 When a judge suspends a sentence of a person convicted 
 and sentenced to a term in the penitentiary or reformatory and 
 retains such person under the jurisdiction of the court instead 
 of placing him under the penitentiary or reformatory, such 
 judge is acting contrary to the provisions of the so-called pro- 
 bation laws, Sections 13706-13715, G. C. The cost bills, there- 
 fore, in such cases can not be paid by the state. 
 
 No. 648. November 17, 1913. To Warden, Ohio Peniten- 
 tiary: 
 
 Court without authority to suspend a part of a sentence 
 upon a person convicted of a felony. 
 
 No. 684. December 3, 19138. To Warden, Ohio Penitentiary: 
 
 The word “convicted” in section 13708 is a substitute for 
 the words “has pleaded or been found guilty” as used in section 
 
LAW BULLETIN 401 
 
 Section No. 
 
 2228- 
 2230. 
 
 2288-2. 
 
 2312- 
 
 2313-3. 
 
 2314— 
 2332. 
 
 13706, and the court has no authority to suspend the sentence 
 of defendant who has pleaded guilty. 
 
 Labor of Prisoners 
 
 See opinions and citations under 1866 G. C. 
 New Penitentiary 
 
 Opinion November 29, 1921. To the Department of Public 
 Welfare: 
 
 Plans bearing approval of ex-Governor Cox cannot be 
 changed. 
 
 Contracts 
 
 See opinions cited under Sections 2314-2332. 
 
 No. 550. August 21, 1917. To the State Highway Com- 
 missioner: 
 
 The certificate of the auditor of state, provided for in see- 
 tion 2288-1 G. C. (107 O. L. 457), must be made before the en- 
 tering into of any contract, agreement or obligation involving 
 the expenditure of money or the passing of any resolution or 
 order for the expenditure of money by any officer, board or 
 commission of the state, whether the contract be important or 
 not, and whether the amount of money expended is large or small. 
 
 Emergency Board 
 
 Op. Atty. Gen. No. 23, February 5, 1917, Vol. I, p. 32. 
 
 The duties imposed upon the emergency board by section 
 2313-3 G. C. have no reference to whether or not the legisla- 
 ture is in session, and the allowance under said section must 
 be obtained at all times, whether necessary during a recess or 
 session of the legislature. 
 
 Op. Atty. Gen. No. 656. September 25, 1919, Vol. II, 
 p. 1198. SECTION 2313-3. G. C., which provides that no state 
 officer or employee shall attend at state expense any con- 
 ference or convention outside the state unless authorized by the 
 Emergency Board, applies to the members and executive force 
 of the Board of State Charities. 
 
 The general appropriation made to the Board of State 
 Charities for traveling expense can only be used to pay such 
 expenses within the state. The expense of attending confer- 
 ences and conventions outside the state are payable from the 
 emergency fund referred to in section 2313-3 G. C. 
 
 Construction 
 
 See opinions cited under Section 2288-2. 
 
 No. 518. August 10, 1917. To the Auditor of State: 
 
 The amendments to the state building code, sections 2314 
 et seq. G. C., found in 107 O. L. 453, in connection with the 
 statutes under which the Ohio board of administration is au- 
 thorized to conduct industries at the various state institutions 
 and to direct and employ the labor of convicts and inmates of 
 
402 
 
 DEPARTMENT OF PUBLIC WELFARE 
 
 Section No. 
 
 2314- 
 2332. 
 
 such institutions, require that when a state building is to be 
 erected under the supervision of the board of administration, at 
 an aggregate cost in excess of $3,000.00, including, the cost or 
 such labor and materials as are to be furnished by the state, 
 plans, specifications, estimates, etc., covering the entire improve- 
 ment, shall be prepared; but the contract to be let by competi- 
 tive bidding under the building code, if any, is to include only 
 such portions of the work as are not done by the board of ad- 
 ministration itself. 
 
 It is not necessary under section 2314 G. C. as amended 
 (107 O. L. 453) to employ an architect, if the “owner,” as re- 
 ferred to in said section, can avail himself or itself of the ser- 
 vices of a person competent to prepare the papers thereii 
 
 specified, without such independent employment. 
 
 Where all the labor and a part of the materials of a state 
 improvement are to be furnished by the state, and the aggre- 
 gate cost of the entire improvement exceeds $3,000.00, the bai- 
 ance must be let by competitive bidding, as provided in the 
 “state building code,” and such materials may not be furnished 
 through the activities of a purchasing department conducted 
 under the authority of the state department supervising the 
 improvement. 
 
 Op. Atty. Gen. No. 2317. August 12, 1921. 
 
 Prior to the making by a state officer, board or commission 
 of any contract involving the expenditure of money, the director 
 of finance must, under the provisions of section 2288-2 G. C. 
 (109 O. L. 130) first certify that there is a balance in the ap- 
 propriation pursuant to which such obligation is required to be 
 paid, not otherwise obligated to pay precedent obligations; but 
 there is no requirement that he certify as to any balance in 
 the fund in the state treasury upon which the appropriation 
 is to operate. Said section merely requires that all contracts, 
 agreements or obligations involving the expenditure of money, 
 be brought within the amount set apart by the legislature for 
 a particular purpose, and such setting apart may antedate the 
 appearance of funds in the state treasury. 
 
 See Opinions of Attorney General, cited under Sec. 154-40. 
 
 No. 2317. August 11, 1921. To Department of Industrial 
 Relations: 
 
 Under the provisions of Section 154-40 G. C., found in H. 
 B. 249, 109 O. L. 118, the authority to make contracts for the 
 construction of buildings under the control of the state gov- 
 ernment, or any department, office or institution thereof, is 
 given to the department of highways & public works. This 
 section applies to contracts for the construction of the buildings 
 
 at Ohio State University for which appropriations are made by 
 H. B. 325, 109 O, L. 360. 
 
LAW BULLETIN 403 
 
 Section No. 
 
 2314- 
 2332. 
 
 Prior to the making by a state officer, board or commission of 
 any contract involving the expenditure of money, the director 
 of finance must, under the provisons of section 2288-2 G. C. 
 (109 O. L., 130) first certify that there is a balance in the ap- 
 propriation pursuant to which such obligation is required to be 
 paid, not otherwise obligated to pay precedent obligations; but 
 there is no requirement that he certify as to any balance in the 
 fund in the state treasury upon which the appropriation is to 
 operate. Said section merely requires that all contracts, agree- 
 ments or obligations involving the expenditure of money, be 
 brought within the amount set apart by the legislature for a 
 particular purpose, and such setting apart may antedate the 
 appearance of funds in the state treasury. 
 
 By reason of Section 3 of H. B. 325 (109 O. L. 360) the 
 appropriations of the proceeds of the educational building fund 
 tax levy for the year 1921-1922 and for the year 1922-1923 take 
 effect and are available on and after the first day of September, 
 1921, and for a period of two years thereafter. On said first 
 day of September and during said period, contracts for the 
 construction of necessary buildings at Ohio State University 
 may be entered into, to an amount equivalent to that realizable 
 from 72 per cent (the university’s share) of said levy for both 
 the year 1921-1922 and the year 1922-1923. 
 
 A contract for an institution for the feeble-minded, under 
 G. C. Sections 1904-1, et seq., can not be made until the audi- 
 tor of state files the certificate that available funds are on hand 
 as required by section 2288-1: State, ex rel., v. Tracey, 102 O. 
 S. 694. 
 
 Purchasing 
 
 Opinion No. 2491. October 18, 1921. To the Director of 
 Finance: 
 
 In purchasing supplies needed for the proper support and 
 maintenance of the institutions under the control of the De- 
 partment of Public Welfare, the Department of Finance may 
 establish its own rules; it need comply only with the followirg 
 requirements: 
 
 Award contract to the lowest responsible bidder, prefer- 
 ence being given to bidders in localities wherein such institu 
 tion for which the purchase is made is located, if the price is 
 fair and reasonable and not greater than the usual price. 
 
 Force Account 
 
 Opinion No. 2353. August 20, 1921. To the Department 
 of Public Welfare: 
 
 Department of Welfare has the authority to prepare plans 
 and specifications, open bids and enter into contract for ail 
 capital equipment. 
 
 Plans and specifications must receive the approval of High- 
 way Department as the successor to the State Building Coim- 
 
404 
 
 Section No. 
 2314- 
 Zone: 
 
 DEPARTMENT OF PUBLIC WELFARE 
 
 mission. Welfare Department may require assistance from 
 Highway Department in drawing plans, etc. 
 
 Purchase of all supplies, such as electric wire where work 
 is to be done by prison labor or regular employees of the in- 
 stitution, must be made by Department of Finance, Purchasing 
 Department. 
 
 No. 857. December 13, 1917. To the Bureau of Inspec- 
 tion and Supervision of Public Offices: 
 
 The term “force account” implies that the department offi- 
 cer or board having work to do, instead of entering into a con- 
 tract for the performance of the work, assumes a direct over- 
 sight of the same, employing men with teams, purchasing ma- 
 terial and paying for the same without reference to any con- 
 tract whatever. 
 
 The authority to perform work under what is termed 
 force account would not include authority to a department, 
 board or officer to enter into a contract with another, giving 
 him as consideration a certain percentage of the entire cost 
 of the work. 
 
 No. 1672. December 3, 1920. To the Prosecuting Attorney, 
 Cincinnati, Ohio: 
 
 Though Longview Hospital is an institution supported in 
 part by the State, within the meaning of section 2314 G. C., as 
 amended in 107 O. L. 453, that section, by reason of section 26 
 G. C. does not apply to the new building proposed to be erected 
 on the hospital grounds pursuant to proceedings commenced 
 prior to the enactment of said amended section. 
 
 Sections 2314 to 2331 relate to buildings and improvements 
 which are constructed by the state, and have no necessary ref- 
 erences to buildings and improvements constructed by the county 
 commissioners: Plessner v. Pray, 6 O. N. P. 444, 8 O. D. (N. 
 Pi) 149, 
 
 No. 1092. March 22, 1918. 
 
 Since the amendment of section 2319 G. C., 107 O. L., 455, 
 a bid must be accompanied by a bond in a sum equal to the 
 sum total of the bid. Under the provisions of section 2323 G. 
 C., 107 O. L., 456, the bid must be within the estimate. If a 
 certain part of the work to be done is eliminated, the estimate 
 must be correspondingly reduced in order to determine whether 
 or not the bid is within the estimate. 
 
 Op. Atty. Gen. (1922) p. 210. 
 
 Contracts for the purchase and installation of elevators, 
 boilers, engines, pumps and electrical wiring, for the use of state 
 institutions under the supervision of the Department of Public 
 Welfare, should be made by the Department of Public Welfare; 
 and bids for the items just mentioned should be opened by said 
 department. 
 
Section No. 
 2314— 
 woos 
 
 LAW BULLETIN 405 
 
 The Department of Highways and Public Works succeeds, 
 by reason of section 154-40 G. C., to the powers and duties of 
 the so-called State Building Commission, to wit section 2314 
 G. C. et seq. It is therefore necessary, in the installation of 
 elevators, boilers, engines, and anything else comprehended 
 by section 2314 G. C., that the plans and specifications receive 
 the approval of the Department of Highways and Public Works, 
 as the successor of the State Building Commission. 
 
 If the Department of Public Welfare desires the assistance 
 of the Department of Highways and Public Works, in respect 
 of the drawing of plans, etc., for the above mentioned work, 
 such assistance may be legally rendered where arranged for 
 pursuant to section 154-21, G. C. 
 
 Op. Atty. Gen. (1921) p. 722. 
 
 Sections 2314 to 2330 of the General Code require struc- 
 tural improvement work for the department of public welfare 
 costing over three thousand dollars for any project to be let 
 by contract, after advertising, etc., unless labor and materials 
 furnished by the state itself are employed. 
 
 If the cost of such a project is three thousand dollars or 
 less, the department of public welfare may elect to proceed by 
 non-competitive contract, in which event, however, plans must 
 be prepared and the contract let by and under the supervision 
 of the department of highways and public works. 
 
 If in a project costing three thousand dollars or less the 
 Department of Public Welfare desires to purchase the material 
 in the open market, and to employ the labor otherwise than 
 through the interposition. of a contractor, the material must 
 
 ‘ be purchased through the department of finance, but the De- 
 
 partment of Public Welfare may employ the labor; and the De- 
 partment of highways and public works must inspect the ma- 
 terials before their incorporation into the work and exercise 
 general supervision over the manner in which the work is done. 
 
 No. 16. January 19, 1915. To Board of Administration: 
 
 Mechanics’ lien not to be enforced against the State. 
 
 No. 275. May 21, 1913. To Auditor of State: 
 
 Alterations in building of state buildings; procedure; 
 power of governor, secretary of state and auditor of state to 
 ratify change made without their previous consent and approval. 
 
 No. 545. June 26, 1915. To Auditor of State: 
 
 Not until a contract is awarded under an advertisement 
 for bids under sections 2314 et. seq., G. C., is there any lability 
 on the part of the State to pay contract price. 
 
 No. 551. October 18, 19138. To Auditor of State: 
 
 In the construction of public buildings, the Board of Admin- 
 istration must limit itself to the amount of the appropriation, 
 
406 
 
 Section No 
 
 2333- 
 2450. 
 
 DEPARTMENT OF PUBLIC WELFARE 
 
 and the money must be spent for the purpose for which it was 
 appropriated. 
 
 No. 562. June 30, 1915. To Auditor of State: 
 
 The labor of inmates of penal and correctional institutions 
 under the management of the Ohio Board of Administration 
 may be used in construction work at any state institution un- 
 der the management of the Board. Similarly, building mater- 
 ials manufactured at any state institution may be used in such 
 construction work. The cost of state labor and materials so 
 used is not to be counted as part of the total cost of an im- 
 provement within the meaning of section 2314 G. C., and suc- 
 ceeding sections, constituting the building regulations, appli- 
 cable generally, and when advertising for bids thereunder the 
 board of administration should exclude from the work to he 
 let the performance of such labor as is to be performed by 
 such inmates and the furnishing of such materials as are pro- 
 duced at any such institution. If the total cost of the im- 
 provement, less these items, exceeds the sum named in section 
 2314 G. C., however, the remaining branches of the work should 
 be dealt with as provided in that and succeeding sections. 
 
 No. 715. November 12, 1912. To Ohio Board of Admin- 
 istration: 
 
 Improvement of land by construction of levee not a gen- 
 eral improvement and not affected by this section. 
 
 No. 912. October 11, 1915. To Ohio Board of Adminis- 
 tration: 
 
 Under Section 2317 G. C., bids shall not be opened until 
 the eighth day after the fourth and last publication, and the 
 notice should so state. 
 
 No. 935. October 14, 1915. To Secretary, Board of Trustees, 
 Bowling Green Normal School: 
 
 No lien can be obtained by contractor or sub-contractor on 
 state buildings. No duty upon part of department or institu- 
 tion erecting state building to retain any moneys from corn- 
 tractors in anticipation of lien. 
 
 County Buildings 
 
 Op. Atty. Gen. (1918) p. 274. 
 
 Where bonds are issued by a county under authority of 
 sections 5638 et seq., General Code, to erect a county children’s 
 home costing in excess of twenty-five thousand dollars, a build- 
 
 ing commission must be appointed under authority of sectioa 
 2333, General Code. 
 
 Where a county building costs in excess of twenty-five 
 thousand dollars, sections 2333 to 2342 General Code do not pro- 
 vide a separate and distinct method of procedure from that 
 provided by sections 2343 to 2366 General Code. All of these 
 
Section No. 
 
 2523- 
 2572. 
 
 LAW BULLETIN 407 
 
 sections govern the building commission in the construction of 
 such building. 
 
 Where the appointment of a building commission is required 
 under section 2333 General Code, the county commissioners 
 have no authority to employ an architect to draw plans for such 
 building, and a contract entered into by the county commis- 
 sioners for that purpose before the appointment of a building 
 commission is invalid. 
 
 Op. Atty. Gen. (1921) p. 708. 
 
 Under the provisions of section 2434 G. C., county com- 
 missioners are authorized to borrow money and issue bonds for 
 the payment thereof for the purpose of repairing a court house, 
 county jail or county infirmary, such bond issue, however, be- 
 ing subject to the limitations of sections 5638 and 5649-2 et 
 seq. of the General Code. 
 
 Opinion of Attorney General, No. 1250. March 8, 1924. 
 
 It is my opinion that the common law powers coupled with 
 the selling authority provided in Section 2447 G. C., authorizes 
 such commissioners to lease unused lands. Such a lease it is be- 
 lieved should be made after following the advertising provis- 
 sions in Section 2447-1 G. C. In an opinion of the Attorney 
 General for the year 1913, page 1335, the power of the commis- 
 sioners to lease was recognized but it was pointed out that such 
 power should not interfere with the public use. 
 
 It is believed that if in the opinion of the county commis- 
 sioners the county home (infirmary) is not needed for public 
 use on account of the fact that there are not sufficient inmates 
 to justify the expense to maintain the same, it is possible that 
 the commissioners could proceed under the provisions of See- 
 tion 2447 G. C. to dispose of such property. It would seem that 
 the power to lease such premises would be included within the 
 power to sell, and in the event the commissioners should con- 
 clude to lease such premises the same could be done. 
 
 County Homes (Infirmaries) 
 
 The superintendent of a county infirmary is not the holder 
 of a public office within the meaning of G. C. §12303, and quo 
 warranto is not the proper remedy to oust him from office: 
 Palmer v. Zeigler, 76 O. S. 210 and 229 [affirming Zeigler v. 
 Palmer, 10 O. C. C. (N. S.) 545, 20 O. C. D. 292.] 
 
 No allowance is to be made to an infirmary director who 
 acts as clerk of the board, other than his per diem compensa- 
 tion for time employed in official duties (see G. C. § 3002): and 
 no allowance can legally be made to him for keeping a record 
 of the proceedings and transactions of the meetings of the in- 
 firmary directors: State v. Brown, 20 O. C. C. 57, 11 O. C. D. 
 168. 
 
 Whether the directors of the county infirmary and their 
 successors could act as trustees of a trust created by will for 
 
408 
 
 Section No. 
 
 2934. 
 
 DEPARTMENT OF PUBLIC WELFARE 
 
 the benefit of the poor of the county was considered but not 
 decided, since such gift was valid, even if the directors were 
 not proper trustees; and equity could appoint a trustee to ad- 
 minister such trust: Starr v. Forbes, 18 O. C. C. (N. S.) 176. 
 
 A trust created in a will for the purpose of providing for 
 the inmates of a county infirmary such luxuries as they would 
 not have in the regular administration of the institution, is not 
 illegal or impossible of accomplishment: Starr v. Forbes, 18 
 0..Ce Gz CNoOS is: 
 
 Op. Atty. Gen. (1918) p. 948. 
 
 The superintendent of a county infirmary is not a public 
 officer and therefore a woman is elegible for appointment to 
 said position. 
 
 Op. Atty. Gen. (1921) p. 379. 
 
 The levy of six-tenths of a mill mentioned in section 2530 
 G. C. is not exempt from the limitations of ten and fifteen mills 
 provided by sections 5649-2 et seq. G. C. 
 
 Op. Atty. Gen. (1920) p. 861. 
 
 By reason of the provisions of section 2541 G. C. no in- 
 sane person may be received or kept at a county infirmary. 
 
 Section 2541 G. C. has not been impliedly repealed by the 
 reference, in such sections as sections 2535 and 2538 G. C. to 
 insane persons in the county infirmary, such reference being 
 attributable to inadvertance on the part of the legislature. 
 
 Question of when a person having some property may be 
 admitted or refused admission to a county infirmary, discussed. 
 
 See Opinion cited under Section 3152 G. C. 
 
 Op. Atty Gen. (1920) p. 1033. 
 
 A person is not ineligible to admission to the county home 
 merely because he or she is a blind imbecile. 
 
 The judge of the juvenile court, when satisfied that a 
 blind child is not being properly educated at home, and will be 
 benefited by attendance at the state school for the blind, and that 
 such child is a suitable person to receive instructions therein, 
 may, pursuant to section 7780 G. C., send or commit such child 
 to the state school for the blind in the manner provided by law. 
 
 It is not illegal for blind inmates of county homes to perform 
 labor for the Ohio Commission for the Blind at times when 
 their services are not required by the superintendent or matron 
 for the maintenance of the county home or the care of its in- 
 mates; nor is it illegal for the county commissioners to permit 
 such inmates to retain for their own use insignificant sums of 
 money received by said blind inmates from the Ohio Commission 
 for the Blind as compensation for such labors. 
 
 Soldiers’ Relief Commission 
 
 Op. Atty. Gen. (1920) p. 725. 
 
 A divorced woman is not a “widow” in legal contemplation 
 and the Soldiers’ Relief Commission cannot properly recom- 
 
LAW BULLETIN 409 
 
 Section No. 
 
 2943. 
 
 2950. 
 
 2965- 
 
 1967. 
 
 2971. 
 
 mend relief to an indigent woman who was once married to a 
 soldier but now divorced. 
 
 Soldiers’ Burial Plot 
 Op. Atty. Gen. (1920) p. 1136. 
 
 The County Commissioners are not authorized to purchase 
 land and dedicate it for the use of burial of soldiers, indigent 
 or otherwise, but the county soldiers’ relief commission may 
 make such purchase under section 2943 et seq. G. C., payment 
 for which shall be made by the warrant of the county auditor 
 from the general county fund. 
 
 Soldiers’ Burial 
 Op. Atty. Gen. (1921) p. 48. 
 
 County Commissioners are without authority to pay the 
 expenses of soldiers’ burials, in the absence of the taking by 
 the burial committee of the steps provided by sections 2950 
 G. C. et seq. 
 
 Op. Atty. Gen. (1919) p. 755. 
 
 Where an honorably discharged soldier has been buried by 
 an undertaker, in compliance with a contract, entered into be- 
 tween such undertaker and the township soldiers’ burial com- 
 mittee, the county commissioners are not authorized to change 
 such contract and pay the undertaker less than the amount 
 agreed upon, notwithstanding that such soldier dies while an 
 inmate of the county infirmary and the commissioners had a 
 contract with such undertaker to bury inmates from such in- 
 firmary for a less sum of money. 
 
 County Blind Relief 
 
 Op. Atty. Gen. (1919) p. 53. 
 
 In order to acquire the residential qualifications essential 
 to an award of blind relief, the applicant must have resided 
 and supported himself within the county for twelve consecutive 
 months without relief under the laws providing for relief of 
 the poor. 
 
 A person removing from one county to another, but con- 
 tinuing to receive blind relief from the county of her former 
 abode, does not acquire the residential qualifications entitling 
 him to receive blind relief from the latter county. 
 
 County Visitors 
 The phrase “in any year’ used in section 2973 G. C. has 
 
 reference to the year of the official term, which is fixed in sec- 
 tion 2971 G. C. to be “three years beginning upon the first day 
 of May” each year. 
 
 The actual expenses incurred in an amount not to exceed 
 one hundred dollars in any year is to be expended from May 
 1st to May 1st or during the official year. Op. Atty. Gen. (1920) 
 
 p. 1041. 
 
410 
 
 DEPARTMENT OF PUBLIC WELFARE 
 
 Section No. 
 
 3070- 
 
 3108. 
 
 3077. 
 
 3085. 
 
 Children’s Homes 
 
 The provisions of G. C. §2444, which require county com- 
 missioners to publish notice of their intention to purchase any 
 lands or erect any building thereon, do not apply to proceed- 
 ings under this section and the following sections for the pur- 
 chase of land for a children’s home: State, ex rel., v. Auditor, 
 43) Oops oll 
 
 Where a county or a district maintains a children’s home 
 under the provisions of G. C. §§3077, et seq., and G. C. §§3109, 
 et seq., the county commissioners in their capacity as the board 
 of managers thereof are liable in their official capacity for 
 negligence in maintaining such institution, independent of the 
 provisions of G. C. §2408: Crawford v. Commissioners, 1 Ohio 
 App. 54, 21.0, Ce Go GNZ Si) 416.025" 0; Ge.D, 203. [reverse: 
 without opinion, Commissioners v. Crawford, 90 O. S. 433]. 
 
 Where the employee of a children’s home is injured by the 
 negligence of a superior servant under such circumstances as 
 would ordinarily create a liability between employer and em- 
 ployee, such employee may maintain an action against the 
 county commissioners in their official capacity for damages 
 arising therefrom: Crawford v. Commisioners, 1 Ohio App. 
 54, 21 0. C. C. (N. S.) 416, 25 O. C. D. 203 [reversed without 
 opinion, Commissioners v. Crawford, 90 O. S. 4383]. 
 
 Op. Atty. Gen. (1919) p. 1151. 
 
 A county childrens’ home established under sections 3077 
 G. C., et seq., is an institution established by a political sub- 
 division of the state, involving the interests or care of childrea 
 within the meaning of Sec. 4 of Art. XV of the Constitution 
 of Ohio. 
 
 By reason of said constitutional provision, a woman or 
 women may be legally appointed to a board of trustees of a 
 county children’s home. 
 
 Op. Atty Gen. (1919) p. 148. 
 
 Sections 3077 to 3108 G. C., providing for the establishment 
 and maintenance of children’s homes by counties, do not author- 
 ize the board of trustees of the home to purchase an automo- 
 bile for the use of the superintendent thereof. 
 
 Op. Atty. Gen. (1921) p. 604. 
 
 A bequest of money “to the children’s home of 
 county, Ohio,” may lawfully be paid to and received by the 
 county commissioners in trust for the support of the home.” 
 
 Op. Atty. Gen. (1918) p. 1124. 
 
 Under the provisions of section 3085 G. C., the trustees of a 
 county children’s home have authority in law to assign duties 
 other than those provided for in said section, to the matron 
 and other employes of the home, and to pay such compensation 
 for the services to be rendered, as they may, in their judgment, 
 
Section No. 
 
 3088. 
 
 3090. 
 
 3092. 
 
 3092-1. 
 
 LAW BULLETIN 411 
 
 consider to be fair and just. Such assignment of duties and 
 fixing of compensation should be done by resolution or by-laws. 
 
 Op. Atty. Gen (1918) p. 1553. 
 
 The phrase “semi-public children’s home” appearing in 
 sections 3088, 7676, 7677, 7678 and 7681 of the General Code 
 refers to institutions established and maintained by private 
 donations but operated by or under public authority as exem- 
 plified by Sections 3070 et seq. and 3110 G. C. Charitable in- 
 stitutions wholly under private management, though open to all 
 on the same terms, are not such institutions, 
 
 Op. Atty. Gen. (1918) p. 1597. 
 
 The mere fact that a juvenile court does not accompany 
 its order to the superintendent of the children’s home, to admit 
 a certain minor thereto, with a statement of facts as set fourth 
 in section 5690 G. C., does not warrant the superintendent in 
 refusing to admit the child. 
 
 When a juvenile court removes, from a children’s honie, a 
 child theretofore committed to the home by it, all duties and opli- 
 gations of the home in reference to said child thereby cease. 
 
 When a child is so removed from a children’s home by the 
 juvenile court, the trustees of the home are no longer under 
 obligation to make the visitations provided for in Sections 3098 
 and 3099 G. C. 
 
 The board of trustees of a children’s home is the proper 
 body to decide whether or not a child is suitable for the home. 
 The power of the juvenile court to commit to the home is merely 
 incidental to its duties under the juvenile act. An exception to 
 this general rule is found in Section 3091 G. C. 
 
 Op. Atty. Gen. (1922) p. 148. 
 
 Section 1653 G. C. while authorizing commitments by the 
 juvenile court of dependent and neglected children to the 
 care of suitable private individuals of good moral character, 
 makes no provision in such cases for payment by the county 
 commissioners of the board of such committed children. 
 
 Op. Atty. Gen. (1922) p. 148. 
 
 Section 3092 G. C. as amended in 109 O. L. p. 533, confers no 
 authority upon county commissioners to pay the board of neg- 
 lected and dependent children committed by the juvenile court 
 to the care of private families or individuals in counties where 
 a county children’s home is provided. 
 
 Opinion of Attorney General, No. 1250, March 8, 1924. 
 
 It is within the discretion of the county commissioners as to 
 the use to be made of said premises, so long, of course, as such 
 use is a proper use. 
 
412 
 
 Section No 
 
 3104- 
 3105. 
 
 3108-1. 
 
 3127- 
 3138-2. 
 
 DEPARTMENT OF PUBLIC WELFARE 
 
 Reynolds vs. Commissioners, 5 Ohio, 204: 
 
 Where real estate is vested absolutely in the county com- 
 missioners for public purposes they may dispose of it in the 
 same manner as individuals could. 
 
 This case specifically recognized the authority of commis- 
 sioners to lease county lands, and was cited in an opinion of the 
 Attorney General found in the Reports of 1921, page 183, as 
 authority to authorize the sale of lands used for agricultural 
 fairs when title was in the county on account of the abandoning 
 of the lands for fair purposes. It is further pointed out in said 
 opinion that such lands could be sold under the provisions of 
 Section 2447 or held for public benefit. 
 
 Op. Atty. Gen. (1921) p. 569. 
 trustees of county children’s homes, may lawfully purchase, 
 Under the provisions of sections 3104 and 3105 G. C. the 
 when they deem it expedient, an automobile truck for the use 
 of the superintendent of said home, provided the estimate and 
 appropriation for such purchase are made in conformity to the 
 requirements of said sections. 
 
 Semi-Public Homes. 
 Op. Atty. Gen. (1921) p. 430. 
 
 County commissioners are authorized under the provisions 
 of sections 3108-1 and 14654 G. C. to lend financial assistance 
 to incorporated societies whose object is the care, aid and edv- 
 cation of neglected or destitute children, towards purchasing 
 land or the erection of buildings to serve the purpose of a home 
 for such children. 
 
 County Hospitals 
 
 Op. Atty. Gen. (1919) p. 852. 
 
 Under sections 3127 et seq. (108 O. L., Page 255, House 
 Bill 305) county commissioners are not authorized to construct 
 poly-clinics the main use and purpose of which is not that of a 
 county hospital. 
 
 Op. Atty. Gen. (1918) p. 648. 
 
 When viewed from the standpoint of the indigent poor, the 
 county commissioners would have no authority to provide a tem- 
 porary hospital to treat persons suffering from a disease known 
 as trachoma, for the reason that the relief needed is temporary 
 in nature and not permanent. 
 
 When viewed from the standpoint of a contagious disease, 
 the county commissioners seem to have no authority in law +o 
 provide a temporary hospital to treat persons suffering from a 
 disease known as trachoma. This duty rests upon the town- 
 ship and municipal authorities. 
 
 Op. Atty. Gen. (1921) p. 582. 
 
 Where, pursuant to section 3137 G. C. (108 O. L., Part I, 
 p. 258), the trustees of a county hospital find and determine 
 
LAW BULLETIN 413 
 
 Section No. 
 
 that patients presented to said hospital for treatment are “sub- 
 jects for charity”, said trustees are without authority to pre- 
 sent to the county commissioners bills for the treatment of 
 such patients, and the county commissioners are without author- 
 ity to pay said bills from county funds. Said bills should be 
 paid by the hospital trustees from the maintenance fund pro- 
 vided for said hospital by section 3133 G. C. 
 
 Op. Atty. Gen. (1920) p. 220. 
 
 Under the amendments to the county hospital law (108 
 O. L., Part I, 225), the first board of trustees of the hospital 
 is to be appointed by the governor within ten days after re- 
 ceipt by him of the certification of the canvassing board as to 
 the result of the election. This board of trustees serves until 
 the hospital is completed, when its successors are to be ap- 
 pointed by the county commissioners. 
 
 Such board is to consist of four members, two of whom 
 are to be of the dominant political party in the county and two 
 of whom must belong to the party receiving the next highest 
 number of votes in the county for governor at the next preceding 
 election. 
 
 Such members are to serve without compensation. 
 
 Op. Atty. Gen. (1921) p. 1186. 
 
 Hospital trustees have authority to expend money raised 
 under section 3133 G. C. without any action being taken by 
 the county commissioners. 
 
 Tuberculosis Hospitals 
 
 Op. Atty. Gen. (1918) p. 1086. 
 
 Where a number of counties have formed themselves into 
 a district for the purpose of erecting and maintaining a tuber- 
 culosis hospital, there is no authority in law for a dissolution 
 of said organization, or for discontinuing the activities for 
 which the district was organized. 
 
 Op. Atty. Gen. (1918) p. 1594. 
 
 The officers and employes of a district tuberculosis hospital 
 created under Sections 3148 et seq. G. C. (107 O. L., 497), do 
 not come within the provisions of the civil service act (Sec- 
 tions 486-1 to 486-31 ine. G. C.) 
 
 General Code §§ 3148 to 3153 (100 v. 87), which provide 
 for the establishing and maintaining of district tuberculosis 
 hospitals, are valid and constitutional: Brissel v. State, ex rel., 
 87 O. S. 154. 
 
 General Code § 3148 provides for the creation of a specific 
 subdivision of the state, and the formation therein, of a joint 
 board for the purpose of establishing and maintaining a dis- 
 trict hospital for the care and treatment of persons suffering 
 from tuberculosis. When the joint board provided for in that 
 section has been duly formed in accordance therewith and has 
 thereafter proceeded with the performance of the duties im- 
 
414 
 
 Section No. 
 3139- 
 3153. 
 
 DEPARTMENT OF PUBLIC WELFARE 
 
 ‘posed on it by the statute, each of the counties whose commis- 
 
 sioners have joined in the formation of such joint board has 
 obligations in connection with the matter which are fixed and 
 defined by the statute and which can not be terminated at the 
 will of such county: Brissel v. State, ex rel., 87 O. S. 154. 
 
 Since the legislature in G. C. $§ 3148 to 3153 has expressly 
 authorized the location and construction of district tuberculosis 
 hospitals, the courts can not say that the location and construc- 
 tion of such a hospital building constitutes a nuisance per se. 
 The fact that the petition to enjoin such construction alleges 
 that the hospital will be operated in such a way as to amount 
 to a nuisance, does not authorize the court to enjoin its con- 
 construction. Such action is brought prematurely and it can 
 not be proper until after such hospital is constructed and it is 
 in fact operated in such improper manner; in which case the 
 court will enjoin such careless and negligent operation: State, 
 ex rel., v. Brenner, 6 Ohio App. 209, 28 O. C. A. 329, 30 O. C. D. 
 246 [affirmed, in memorandum opinion, State, ex rel., v. Bren- 
 ner, 96 O. S. 598, on authority of Brissel v. State, ex rel., 87 
 O. S. 154]. 
 
 Op. Atty. Gen. (1919) p. 964. 
 
 A person who is otherwise eligible to admission to a dis- 
 trict tuberculosis hospital cannot be denied admission thereto 
 on the sole ground that he has passed the incipient state of the 
 disease. 
 
 It is the duty of the township trustees under sections 3476 
 and 3480 G. C. to afford support and relief, including medical 
 attention, to an indigent person suffering with tuberculosis, 
 until he becomes a county charge as provided for by section 
 2544 G. C. unless in the meantime he is received into the dis- 
 trict tuberculosis hospital, whereupon the expense of his care 
 and treatment therein should be met by the county commission- 
 ers under section 3152 and 3152-1 G. C. 
 
 A person suffering with tuberculosis who has become a 
 county charge under section 2544 G. C., may be cared for by 
 the superintendent of the county infirmary outside of the in- 
 firmary until such time as he shall be admitted into the district 
 tuberculosis hospital. 
 
 Ov Atty. Gen. (1920) n 602 
 
 Under section 3141-1 G. C. (108 O. L., p. 230, Part I) con. 
 strued with section 3141-2 (Amended Senate Bill 195, 108 O. L. 
 Part II) and 3148 (108 O. L. Part I, p. 252), where a county 
 has joined in the erection of a district tuberculosis hospital, and 
 in which such hospital there is not suitable accommodations 
 afforded, and where the trustees of such hospital have failed ana 
 refused to provide additional accommodations and because of 
 such conditions such county, under sections 3148 et seq., has 
 withdrawn from such district tuberculosis hospital and sold its 
 
Section No. 
 3139- 
 3153. 
 
 L B Sig 27 
 
 LAW BULLETIN 415 
 
 of health, may use the proceeds of such sale to erect and main- 
 interest therein, such county, with the consent of the state board 
 tain a county tuberculosis hospital. 
 
 Op. Atty. Gen. (1921) p. 100. 
 
 Educational facilities for children of compulsory school 
 age, confined in tuberculosis hospitals, should be provided by the 
 authorities in charge of such institutions. 
 
 Op. Atty. Gen. (1922) p. 52. 
 
 Where a county has joined in the erection of a district hos- 
 pital and thereafter withdraws from said district and disposes 
 of its interest therein, as provided in G. C. section 3148 and 
 conditions as outlined in G. C. section 3141-1 exist, said county 
 may expend the money derived from such sale for the erection 
 of a county tuberculosis hospital. 
 
 Op. Atty. Gen. (1919) p. 613. 
 
 The provision of section 3153 G. C. (107 O. L. 498) that 
 the board of trustees of a district hospital for tuberculosis shall 
 appoint a “suitable person medical superintendent,” requires 
 that a person be appointed who possesses the qualifications of a 
 person authorized to practice medicine in the state, and who has 
 had experience with tuberculosis. 
 
 Op. Atty. Gen. (1920) p. 854. 
 
 Under section 3152 G. C., county commissioners of counties 
 composing a tuberculosis hospital district may not borrow 
 money or issue bonds for the purpose of replenishing or paying 
 back to the maintenance fund of the district hospital moneys ex- 
 pended from said maintenance fund for betterments to the hos- 
 pital of such district. 
 
 Op. No. 459, June 18, 1923. 
 
 County commissioners under section 5655 General Code may 
 borrow money in anticipation of current revenues for the fiscal 
 year to pay the operating expenses of a county tuberculosis hos- 
 pital. 
 
 If a county has no funds which can be transferred under 
 G. C. § 5669, it is nevertheless the duty of such county to pro- 
 vide sufficient funds by taxation to comply with the statute for 
 establishing and maintaining a district tuberculosis hospital 
 (G. C. §§ 3148 to 3153). This section provides that if a county 
 has not sufficient funds available for furnishing and equipping a 
 county tuberculosis hospital, under G. C. §$§ 3139 to 3147, the 
 commissioners shall levy and set aside the sum necessary; and it 
 is applicable to district tuberculosis hospitals under G. C. 
 §§ 3148 to 8153: Brissel v. State, ex rel., 87 O. S. 154. 
 
 Op. Atty Gen. (1919) p. 1465. 
 
 The county commissioners of a county which is a member of 
 a tuberculosis hospital district have no authority to borrow 
 money to contribute to the current expenses of the hospital in 
 case the tax levies for the year prove insufficient. 
 
416 
 
 DEPARTMENT OF PUBLIC WELFARE 
 
 Section No. 
 
 3157- 
 3180. 
 
 3476- 
 3496. 
 
 Jails 
 
 General Code § 3178, which provides for the appointment of 
 a jail matron, does not relieve the sheriff from the duty to take 
 charge of the jail which is imposed upon him by this section: 
 State, ex rel., v. Cooper, 12 O. N. P. (N. S.) 659, 23 O. D. (N. 
 Py 200, 
 
 This section confers on such probate judge a discretion 
 which can not, in the absence of gross abuse, be controlled or 
 directed by writ of mandamus: State, ex rel., v. Robeson, 3 
 QO. N..P: (NZS) 6, 102 De No Psi. 
 
 If this section, in providing for the appointment of a jail 
 matron, were to create a public office, it would be unconstitu- 
 tional under Art. X, $1, of the constitution of Ohio, which pro- 
 vides that the general assembly shall provide by law for the 
 election of such county officers as may be necessary; and under 
 Art. X, $2, of the constitution of Ohio, which provides that 
 county officers shall be elected: State, ex rel., v. Cooper, 12 O. 
 N..P. (N.S. ), 659220) 02D. CN. b.e20U: 
 
 By the provision of G. C. § 2997, the sheriff of the county is 
 entitled to the money received for keeping and feeding federal 
 and city prisoners where such prisoners are placed in his cus- 
 tody for federal and city authorities under contracts which pre- 
 scribe a charge therefor which is not higher than that which is 
 fixed by G. C. § 2850 for feeding and keeping state prisoners: 
 State, ex rel., v. Hirstius, 15 O. N. P. (N.S.) 505, affirmed; State, 
 ex rel., v..Hirstius, 26:0. GC. (Nos) av 
 
 Under G. C. § 3179 a federal court may lawfully sentence 
 one convicted of contempt to imprisonment in a county jail of 
 Ohio: Swepston v. United States, 251 Fed. 205, 163 C. C. A. 361, 
 63 Bull. 375. 
 
 Poor Relief 
 
 See citations under Section 2541 G. C. 
 
 See citations under Sections 3127 and 3152 G. C. 
 
 Op. Atty. Gen. (1920) p. 1177. 
 
 Permanent partial outside relief to indigent persons should 
 be afforded by the township or city, rather than by the county, 
 unless the applicants for such relief are persons “whose peculiar 
 condition is such they cannot be satisfactorily cared for except 
 under county control.” 
 
 Op. Atty. Gen. (1920) p. 250. 
 
 Section 4410 G. C., as amended in 108 O. L., 248, does not 
 impose the duty of caring for the sick poor upon the municipai 
 health district board exclusively, nor does it relieve the township 
 trustees of their duties under section 3476, as amended in 108 
 OE p2re: 
 
 Op. Atty. Gen. (1919) p. 1236. 
 
 By the provisions of House Bill No. 150, 108 O. L., 266, the 
 obligation to provide temporary or “outdoor” relief for the poor 
 rests upon the township or municipality in cases of such poor 
 
LAW BULLETIN 417 
 
 Section No. 
 
 3476- 
 3496. 
 
 persons as have legal settlement therein; while in case of such 
 persons requiring more than temporary relief, it is provided 
 that upon proper ascertainment of that fact the county shall 
 assume the obligation providing permanent relief, which shall 
 only be provided, however, at the county home, except in case of 
 persons whose peculiar conditions require that they be cared for- 
 under county control, and yet, on account of their physical con- 
 dition or otherwise, may not be proper subjects for admission 
 into the home, and persons whose physical condition will not. 
 permit their removal to the county home, in which cases the 
 county shall provide necessary relief outside of the county home. 
 
 In addition to the obligation to provide permanent relief, . 
 the county is to provide temporary or outside relief for those 
 persons who have not the residential qualifications for township. 
 or municipal relief and whose condition requires less than the, 
 permanent relief to be provided only at the county home. 
 
 Op. Atty. Gen. (1918) p. 1654. 
 
 A person has a legal residence in that county in which he 
 has continuously resided for a period of twelve consecutive 
 months and during said period has not received any relief under 
 the provisions of law for the relief of the poor. 
 
 If the proper authorities of a county in which a person has 
 a legal residence refuses to accept such person from a county to 
 which he has later removed, and said latter county furnishes 
 necessary relief to the person, then said county has a right of 
 action against the county in which the person has a legal! 
 residence for expenses so incurred in furnishing relief. 
 
 Op. Atty. Gen. (1918) p. 240. 
 
 In those counties having no county infirmary, the township 
 trustees of the various townships must afford relief to the indi- 
 gent poor, whether said indigent poor be located outside or within 
 the limits of a municipality in the township. 
 
 In those cases in which the boundaries of a city become 
 co-terminous with the boundaries of a township, the district or 
 ward physicians if any have been appointed, and if not, the 
 director of public safety, must afford medical relief to the in- 
 digent poor of said city who are sick, and the director of public 
 safety in all cases must afford relief to the indigent poor of said 
 city who are not sick. 
 
 In villages, the boundaries of which are coterminous with 
 the boundaries of a tewnship, the council administers the poor 
 laws, and the marsha) and police force might be called to the 
 aid of council in the administration thereof. 
 
 Op. Atty. Gen. (1921) p. 332. 
 
 Where an indigent person is a legal resident of the county, 
 the expenses of the burial of such person should be paid by the 
 township in which he had a legal residence at the time of his 
 death; but if such person was also a legal resident of a munici- 
 
418 
 
 DEPARTMENT OF PUBLIC WELFARE 
 
 Section No. 
 
 3496. 
 
 3963. 
 
 pal corporation, the expenses of his burial should be paid by the 
 municipal corporation and not by the township wherein such 
 corporation is situate. 
 
 Op. Atty. Gen. (1918) p. 345. 
 
 When complaint is made in a proper case to the township 
 trustees, that a person in the township requires public relief, it 
 is the duty of the township trustees to afford such relief, even 
 if such person has a legal settlement under the poor laws in an 
 adjoining county. 
 
 In such case, upon failure or refusal of the township trus- 
 tees to afford such relief, any person can afford same, giving the 
 notice required in section 3480 G. C., and such township shall be 
 liable for the expense thereof and must look to the county of the 
 person’s legal settlement for reimbursement therefor. 
 
 No. 1860. August 19, 1916. To the Ohio Board of Ad- 
 ministration: 
 
 Post-mortem examinations of the remains of patients who die’ 
 in the Ohio Hospital for Epileptics, whose remains are claimed by 
 the husband, wife or next of kin, may be made without the con- 
 sent of the husband, wife or next of kin only in those cases in 
 which it is supposed that death resulted by violence, whereby an 
 inquest is required to be had. 
 
 No. 485. June 11, 1912. To Prosecuting Attorney, Toledo 
 Ohio: 
 
 Burial of paupers dying in benevolent or charitable institu- 
 
 ‘tions; when duty of county. 
 
 No. 288. May 12, 1919. To the Prosecuting Attorney of 
 Holmes County: 
 
 Where a non-resident pauper dies in a state benevolent in- 
 stitution, the county commissioners of the county from which he 
 was sent are required to reimburse the board of administration 
 for the expenses incurred in his burial, except when the body 
 is delivered in accordance with the provisions of Section 9984 
 G. C. 
 
 Water Supply 
 January 14, 1922. To the Department of Public Welfare: 
 
 State institutions are not entitled to free water service from 
 municipally owned water-works. 
 
 Recent decision of the supreme court in the case of the Vil- 
 lage of Euclid, et al. v. Camp Wise Association, in which case it 
 was held that by reason of the adoption of Section 4, Article 
 XVIII of the Constitution of 1912, municipalities may acquire, 
 construct, own, lease and operate waterworks free from any re- 
 strictions imposed by sections 3963 and 14769 of the General 
 Code and in so far as they require free service to charitable 
 institutions are in conflict with Section 26, Article II of the Con- 
 stitution of Ohio, requiring laws of a general nature to have 
 
LAW BULLETIN . 419, 
 
 Section No. 
 
 4148— 
 4153. 
 
 4436- 
 4444. 
 
 6251- 
 6255. 
 
 7676- 
 7681. 
 
 uniform operation throughout the state, and therefore inoper- 
 ative. 
 
 See Section 14769, 
 
 Workhouses 
 
 Op. No. 445, June 13, 1923. 
 
 Municipalities in a county in which a city maintains a work- 
 house, may not commit persons for violations of state laws or 
 municipal ordinances to a workhouse situated in another county. 
 
 Quarantine 
 
 Op. Atty. Gen. (1918) p. 1509. 
 
 Section 4436 G. C., and not Section 3480, should be made to 
 apply in a case where a resident of a village is quarantined by 
 the board of health of said village and said person so quaran- 
 tined is in need of medical attention and is unable to pay for 
 the same. 
 
 Op. No. 460, June 18, 1923. 
 
 It is not necessary to certify quarantined persons as in- 
 digent poor, as provided for in sections 3476 and 3496, before 
 such expenses can be collected from the township or munici- 
 pality, as provided for by section 4436. 
 
 A municipality is required to pay the bills of a quarantined 
 person residing within such municipality, under section 4436, 
 when such person is unable to pay. 
 
 It is the duty of the authority who is to pay such bills to 
 determine whether such quarantined person is able to pay or 
 not. Whether or not the quarantined person is unable to pay is 
 a question of fact which would depend upon the particular cir- 
 cumstances in each case, and such determination should be made 
 at the time the bill is presented for payment. 
 
 Legal Advertising 
 
 No. 212. April 7, 1915. To Prosecuting Attorney, Cincin- 
 nati, Ohio: 
 
 A notary fee on an affidavit in proof of publication is not 
 a public charge unless made so by statute, and the expense 
 thereof is to be borne by the publisher. 
 
 No. 374. May 11, 1915. To Bureau of Inspection and 
 Supervision of Public Offices: 
 
 Each advertisement is to be measured by the “em quad” of 
 type used. 
 
 Education of Children in Children’s Homes 
 
 The board of education of a school district, in which is lo- 
 cated a county detention home, established in conformity with 
 section 1670 G. C., has authority to forbid the attendance of the 
 inmates of the county detention home at the public schools of the 
 district, since section 1670 G. C. provides that the superintendent 
 and matron in a county detention home shall be persons “quali- 
 fied as teachers of children”. Op. Atty. Gen. No. 2492, October 
 20,1921. 
 
420 
 
 DEPARTMENT OF PUBLIC WELFARE 
 
 Section No. 
 
 7755. 
 
 8023- 
 8035. 
 
 See Opinions of Attorney General (1920), p. 751 cited under 
 Section 7787. 
 
 Op. No. 64, February 10, 1923. 
 
 The board of education of a school district, in which is 
 located a county, semi-public or district children’s home, when 
 employing a teacher or teachers for a school maintained at the 
 home, is required to have the approval of the superintendent of 
 the home before the employment is complete under section 7676 
 G. C. Such approval is not necessary, however, before dismissal 
 of said teacher or teachers may be made. Neither is such ap- 
 proval of the superintendent necessary before discontinuing a 
 teaching position or reducing the number of teachers at such 
 home. 
 
 Where children of school age, inmates of a private children’s 
 home or orphan asylum, have attended the public schools of the 
 school district in which such home or asylum is located, such 
 school district is entitled to recover from another district in the 
 state of Ohio where such children had a residence immediately 
 prior to becoming inmates of such home or asylum the expense 
 of such attendance based upon the average per capita cost of 
 the elementary schools of the district where such home is located, 
 not including improvements and repairs: State, ex rel., v. 
 Sherman, 104 O. S. 317. 
 
 Where the superintendent of a school district, where a 
 private home is located, in which children from another county 
 are cared for, furnishes the county auditor a detailed report of 
 the average per capita cost and the county auditor certifies the 
 amount thereof to the auditor of the county of such children’s 
 last residence, it is the duty of the county auditor receiving such 
 certificate to issue his warrant on the county treasurer of the 
 same county for such amount payable to the school district en- 
 titled thereto, and mandamus will lie to compel the performance 
 of such duty: State, ex rel., v. Sherman, 104 O. S. 317. 
 
 Instruction of Deaf, Blind and Crippled Children 
 
 It is the mandatory duty of the board of education of the 
 district in which a crippled child resides to provide for his 
 transportation to the school to which he has been or should be 
 assigned, either within or without the district, if the child is so 
 crippled that he is unable to walk to school. Op. Atty. Gen. No. 
 3226, June 16, 1922. 
 
 Adoption 
 
 Op. Atty. Gen. (1918) p. 121. 
 
 A woman obtained a divorce from her husband. By the 
 terms of the decree she was awarded the custody of their child 
 and he was required to contribute to its support. This he did, 
 residing in the same community for one year, when he left and 
 concealed his whereabouts and has not been heard from. 
 
 Held, that this constitutes an abandonment by him of his 
 
Section No. 
 
 8023- 
 8035. 
 
 LAW BULLETIN 421 
 
 child and that the mother is qualified, under section 8024, to give 
 the legal consent to the adpotion of the child. 
 
 Op. Atty Gen. (1920) p. 1038. 
 
 The statutes of Ohio do not require, as a condition of the 
 adoption of a minor child, either that said child be a citizen of 
 the United States, or that its natural parents, or either of them, 
 be citizens. 
 
 By reason of section 8589 G. C., aliens stand on the same 
 footing with citizens of the United States, as far as the right 
 under the laws of Ohio to inherit property is concerned. 
 
 The statute authorizing the adoption of children, construed 
 in connection with the general statutes regulating descents and 
 distribution of personal estates, the personal estate of an adopted 
 child, dying intestate and leaving its natural mother, its adopted 
 parents and children of the adopting parents surviving it, passes 
 to the natural mother to the exclusion of the adopting parents 
 and their children born in lawful wedlock: Upson v. Noble, 35 
 O. S. 655. 
 
 An oral contract for adoption whereby the adopting parents 
 agree to devise and bequeath both real and personal property to 
 the adopted child, is unenforceable by reason of its failure to 
 comply with the statute of fraud (G. C. § 8621), and the per- 
 formance of such oral contract by giving up the custody of such 
 take the case out of the statute of fraud: Shahan v. Swan, 48 
 child to its adopting parents is not such part performance as to 
 O. 5. 25 
 
 The provision of G. C. § 10504 to the effect that a bequeath 
 to benevolent, religious, educational, or charitable purposes and 
 the like, is invalid, unless made one year prior to the death of 
 the testator, if he dies having issue of his body or adopted child 
 living, applies to a child adopted under this section: Theobald 
 v. Fugman, 64 O. S. 473. 
 
 The rule that in the interpretation of a will the testator 
 must be presumed to have meant what he said requires that a 
 devise of a remainder “to the heirs at law” of a beneficiary for 
 life be regarded as including an adopted child of the beneficiary, 
 although there was not, when the will was executed or 
 when testator died, any statute for the adoption of children: 
 Smith v. Hunter, 86 O. S. 106. 
 
 A child which is adopted in another state has capacity to 
 inherit land situated in this state: Simpson v. Simpson, 9 O. C. 
 Grlitas) 197; 29 O71 0.D. 608. 
 
 Op. Atty. Gen. (1918) p. 1250. 
 
 The Board of State Charities is not authorized in law to 
 give consent to adoption provided for in section 8025 G. C. But 
 it would be authorized to give the consent under the conditions 
 as provided for in section 8024 G. C. 
 
422. 
 
 DEPARTMENT OF PUBLIC WELFARE 
 
 Section No. 
 
 8023- 
 
 8035. 
 
 Op. Atty. Gen. (1921) p. 955. 
 
 Under the provisions of section 8025 amended by House Bill 
 No. 91, 109 O. L. 177, in adoption proceedings, written consents 
 are required by child sought to be adopted if more than thirteen 
 years of age; also by parent awarded custody of child by divorce 
 decree together with the court’s approval of such parent’s 
 consent. 
 
 When the natural parents of children sought to be adopted, 
 are living and under no legal disability to assume parental cus- 
 tody over the same, their written consent to the adoption pro- 
 ceedings is a necessary statutory requirement of section 8025 
 Gi 
 
 An Ohio probate court is without jurisdiction to act in 
 adoption proceedings where parties in interest are non-residents 
 of the state of Ohio, and a former decree unrevoked of a court 
 of another state has awarded the custody of said minor to a 
 foster parent. Such court originally determining such matters 
 has a continuing jurisdiction in the same. 
 
 The right to inherit from a foster parent was not defeated 
 by the absence from the proceedings of adoption of assent 
 thereto on the part of both of the natural parents: Taylor v. 
 Bushnell, 29 O. C. A. 497, 31 O. C. D. 488 [motion for an order 
 directing court of appeals to certify its record overruled, Taylor 
 v. Bushnell, 17 O. L. R. 4, 64 Bull. 112]. 
 
 If proceedings in adoption were had without securing the 
 consent of the mother, who was under none of the disabilities 
 prescribed in P. & A. § 8024, such proceedings must be set aside 
 on a motion of an interested party: In re Olson, 3 O. N. P. 305, 
 8 0. D. (N. P.) 668. 
 
 Contracts, either verbal or written, made for purpose of 
 transferring custody of minors from parents to third persons, 
 with actual custody given, if binding upon the adult parties to 
 them at all, could not prevail as against the interests of the 
 child and as against his wishes if he had reached years of dis- 
 cretion: Gray v. Field, 10 Dec. Rep. 170, 19 Bull. 121. 
 
 February 20, 1923. To the Department of Public Welfare: 
 
 Written consent of parents of child over thirteen necessary 
 requirement of the statute; or written consent of those standing 
 in the place of natural parents, before child can be legally 
 adopted. 
 
 This section and G. C. §8030 are to be construed together; 
 and the provision of this section to the effect that the adopted 
 child is to all legal intents and purposes the child of the 
 petitioner, are repeated so as to avoid any possibility of mis- 
 take, in the provision of G. C. $8030, to the effect that such 
 adopted child shall be the child and legal heir of the person so 
 adopting him: Ransom v. Railway, 93 O. S. 223. 
 
 The primary and paramount purpose of this section is to 
 make an adopted child the equal of a natural child “to all legal 
 
Section No. 
 8023- 
 8035. 
 
 LAW BULLETIN 423 
 
 intents and purposes”: Kroff vy. Amrhein, 94 O. S. 282 [affirm- 
 ing, Kroff v. Amrhein, 5 Ohio App. 37, 27 0. GC. A. 193, 29 
 Cut Le OT | 
 
 Since by the provisions of this section and G. C. $ 8030, an 
 adopted child is the child of the adopting parent to all intents 
 and purposes, and is the legal heir of such adopting parents: 
 if such adopted child dies before its adopting parents, leaving 
 a child surviving, such surviving child inherits by representa- 
 tion such share of the property of such adopting parents as 
 such adopting child would have inherited in case such adopting 
 parents die intestate: Kroff v. Amrhein, 94 O. S, 282 [affirm- 
 ing Kroff v. Amrhein, 5 Ohio App. 87, 27 O. C. A. 193, 29 O. 
 Le oy Pe 
 
 Under the federal statute for the recovery of damages for 
 wrongful death by personal representatives, and also under the 
 Ohio statutes on the same subject, the words “parents” and 
 “children” are used without limit or qualification and include 
 adopting parents and adopted children, as well as natural 
 parents and natural children: Ransom v. Railway, 93 O. S. 223. 
 
 The exception in the last sentence of G. C. $8030, to the 
 effect that if an adopted child dies without issue after the 
 adopting parent, the property of the adopting parent shall de- 
 scend to his next of kin and not to the kin of the adopted child, 
 shows that for all other purposes such adopted child is in law 
 the child of the adopting parent; since the expression of one 
 exception is the exclusion of all others: Ransom v. Railway, 
 98 0. S. 223. 
 
 The provision of this section to the effect that an adopted 
 child shall have “all the rights and privileges” of a child of 
 such person begotten in lawful wedlock, can not be construed 
 as if it were “all the personal rights and privileges.” No au- 
 thority exists for excluding property rights by construction: 
 Kroff v. Amrhein, 94 O. S. 282 [affirming Kroff v. Amrhein, 5 
 Onio wope 37; 27 0, C. A. 198, 29 0. C.D. 57], 
 
 A written contract, entered into by the parent of an in- 
 fant child with strangers, by the terms of which the latter 
 agreed to adopt such child, perform the duties and obligations 
 of parents to such child, and further agreed that such child 
 should inherit from each all property which she would be en- 
 titled to inherit if she were their own child, will be specifically 
 enforced by requiring the person to whom the legal title has 
 descended to convey the property in accordance with the terms 
 of the contract, when such contract has been fully performed 
 on the part of such child: Snyder v. Shuttleworth, 5 Ohio App, 
 187, 25 O. C. C. (N. S.) 545, 27 O. C. D. 234. 
 
 Where a child from an orphanage is taken into a home 
 upon an agreement that she is to receive a good common school 
 education, be cared for and treated as a daughter, and after 
 she becomes of full age she continues to reside in the family 
 
424 
 
 DEPARTMENT OF PUBLIC WELFARE 
 
 Section No. 
 
 8023- 
 8035. 
 
 and perform the same household duties as before, without any 
 agreement as to compensation, it will be presumed that it was 
 a continuance of the earlier relationship and she can not re- 
 cover for the value of such services, even if the evidence shows 
 that she never was treated as the children of such family were 
 treated, but that her position was rather that of a menial ser- 
 vant. The fact that the head of such family told such child 
 to tell others that she was receiving four dollars per week as 
 wages, and that such head of the family also told such child 
 that such head of the family was putting money in the bank 
 for such child, no specific amount being specified, is not such 
 a contract for compensation as to enable such child to recover: 
 Ambler v. Chapman, 22 O. C. C. (N. S.) 458. 
 
 If the adopting parent dies leaving such adopted child, a 
 bequest to a charitable or educational purpose by will, executed 
 within a year prior to the death of the testator, is invalid under 
 G. C. §10504: Theobald v. Fugman, 64 O. S. 473. 
 
 A court of common pleas, having made an order concerning 
 the disposition of a minor child of parents involved in divorce 
 proceedings has continuing jurisdiction of such child, preclud- 
 ing a juvenile court from taking independent jurisdiction there- 
 of. If the best interests of the child demand a change of cus- 
 tody the proper procedure is by application to the common 
 pleas court to modify its former order: Orphan Asylum v. Soule, 
 5 Ohio App. 67, 24 0..C. Cy CN. S&S.) 151,26 OF Ge fta5,78n 
 Bull. 449 (Ed.), 60 Bull. 473 (Ed.) [citing In re Crist, 89 O. S. 
 383; Children’s Home v. Fetter, 90 O. S. 110]. 
 
 A father placed his minor child in an orphanage associa: 
 tion, agreeing to pay a stipulated sum weekly for its support. 
 He also agreed that if he failed to pay the weekly charge for 
 three consecutive months after the same became due he would 
 relinquish all his rights, interest and control of his child and 
 vest the same in the association, so that it should have all the 
 rights to and authority over the child which he had by reason 
 of being its father. The association cared for and supported 
 the child for over a year, until there was due it quite a sum 
 which the father neglected to pay. He then began proceedings 
 in habeas corpus to recover possession of his child, and the 
 association answered that it was entitled to the child under the 
 terms of the agreement. It was held that the agreement was 
 unilateral, not binding the association to care for and support 
 the child and so unenforceable by it, and further, the fact that 
 the father was in debt for the care of his child did not show 
 that he had abandoned it: Christian Orphanage v. Barcus, 16 
 O.-CxG,. (No S,) 93;-252G2Ce-p ei 
 
 This section and G. C. $$ 1647 and 1648, conferring on juvenile 
 courts authority to determine cases involving delinquent, neg- 
 lected and dependent children, do not supersede G. C. §11987, 
 empowering common pleas courts to make orders for the dis- 
 
Section No. 
 8023- 
 8035. 
 
 LAW BULLETIN 425 
 
 position, care and maintenance of children of parents involved 
 in divorce proceedings: Orphan Asylum v. Soule, 5 Ohio App. 
 67, 24 0. C. C. (N. S.) 151, 26 O. C. D. 135, 60 Bull. 449 (Ed.), 
 60 Bull. 473 (Ed.) [citing In re Crist, 89 O. S. 33; Children’s 
 Home v. Fetter, 90 O. S. 110]. 
 
 The principle that the court first obtaining jurisdiction of 
 a subject-matter retains exclusive jurisdiction and authority 
 until final disposition, applies to jurisdiction of a dependent 
 child, concerning which a common pleas court has made an 
 order for the custody in divorce proceedings, and a juvenile 
 court has no authority to make and order for the disposition of 
 such child: Orphan Asylum v. Soule, 5 Ohio App. 67, 24 O. C. 
 C. (N. S.) 151, 26 O. C. D. 135, 60 Bull. 449 (Ed.), 60 Bull. 
 473 (Ed.) [citing In re Crist, 89 O. S. 33; Children’s Home vy. 
 Fetter, 90 O. S. 110]. 
 
 If the child has no estate, the custody of the child cannot 
 be taken from the parents if they are fit and suitable persons 
 and are able to care for the child; and if it is sought to take a 
 child from the custody of its parents, they are entitled to 
 notice and opportunity for hearing in court before such order 
 is made: In re Baier, 8 O. N. P. 107, 11 O. D. (N. P.) 47. 
 
 An appeal will lie from a judgment or order of a court 
 for the care, custody and maintenance of minor children regard- 
 less of whether such order is made in an action for divorce, 
 divorce and alimony or alimony only, or in proceedings under 
 the provisions of this section: Bower v. Bower, 90 O. S. 172 
 [overruling second paragraph of syllabus in Rogers v. Rogers, 
 bt O28. 1]. 
 
 In case of the separation of parents, the custody of an 
 epileptic son who is twenty years of age and an inmate of an 
 epileptic hospital will be granted to the father, the evidence 
 showing that he is a suitable and proper person to look after 
 the interest of such child: Patterson v. Patterson, 12 O. N. P. 
 CN.S.) 601, 57 Bull. 2738 (Ed.). 
 
 Other things being equal, the custody of a little girl of 
 tender years should be awarded to her mother, but where the 
 mother shows little affection for the child she will be given to 
 the father: Schultz v. Schultz, 18 O. C. C. (N. S.) 402. 
 
 Under G. C. § 8033, the welfare of the child is only a rela- 
 tive consideration and the father will be awarded custody over 
 the claims of a maternal grandmother where there is no evi- 
 dence of such general unfitness of the parent as would be a 
 danger to the welfare of the child: In re Lutkehaus, 22 O. N. 
 EOLCN: Os), Lau. 
 
 If the probate court after acquiring jurisdiction over a 
 minor finds that its best interests require that it should be 
 committed to the children’s home and orders it to be so com- 
 mitted and there cared for, educated and kept in custody until 
 further orders of the court and the child is so committed, with- 
 
426 - 
 
 Section No. 
 8023- 
 8035. 
 
 DEPARTMENT OF PUBLIC WELFARE 
 
 out making an express finding that the child is dependent, in a 
 later proceeding in habeas corpus the common pleas court will 
 not inquire whether the action of the probate court was sus- 
 tained by the evidence taken for **: State v. Mezgar, 59 Bull. 
 45 (Hd.). 
 
 Where the probate court after acquiring jurisdiction over 
 a minor orders it to be committed to the children’s home of the 
 county and there kept in custody until the further order of the 
 court without making an express finding that the child is de- 
 pendent and later awards custody of the child to its mother, 
 a subsequent habeas corpus proceeding brought by the father 
 against the mother to common pleas court will not award the 
 custody of the child to the father on the ground that the action 
 of the probate court was illegal, since the jurisdiction of the 
 probate court over the child continues during its minority: 
 State v. Mezgar, 59 Bull. 45 (Ed.). 
 
 If a divorce is granted the court should make all necessary 
 orders for the support and care of minor children, whether such 
 question is presented in the pleadings or not: Bower v. Bower, 
 90 O. S. 172; Monahan v. Monahan, 14 Ohio App. 116. 
 
 In a proceeding for divorce and for the custody of minor 
 children, the court of common pleas has jurisdiction to order 
 the father to pay to the clerk of the court a certain sum each 
 month “which said money shall be kept intact by said clerk of 
 court for the future use and benefit of said minor children, un- 
 til further order of this court’; and if the father of such chil- 
 dren refuses to make such payments, and he is committed to 
 jail for contempt, he can not be discharged on habeas corpus 
 because of lack of jurisdiction: Rhynard v. Gardner, 7 Ohio 
 App. 262, 28 O. C. A. 194, 30 O. C. D. 175, 63 Bull. 13 (Ed.) 
 [citing Bly v. Smith, 94 O. S. 110]. 
 
 In a divorce and alimony proceeding, an allowance of a 
 specific sum of money per week for the maintenance of minor 
 children having been granted, the court has power to make such 
 modification of the order as the necessity of the case demands, 
 regardless of the form of the motion by which the original 
 action was taken: Monahan v. Monahan, 14 Ohio App. 116. 
 
 Calling an allowance for the support of minor children 
 “alimony,” in a motion for an order to increase it does not 
 change its nature: Monahan v. Monahan, 14 Ohio App. 116. 
 
 Jurisdiction as to the custody of children is inherently 
 equitable in its nature, and is given to the court of appeals 
 under the section of the constitution establishing that court, 
 and it follows that appeal lies from an order in a divorce pro- 
 ceeding affecting the custody of minor children, notwithstand- 
 ing the provision of G. C. § 12002: Varsey v. Varsey, 25 O. C. 
 GC.. (N..S.). 229, 26. 0,.C.D, 885. 
 
LAW BULLETIN 497 
 
 Section No. 
 
 9984. 
 
 10062— 
 10084, 
 
 Deceased Inmates 
 
 See citations under Section 3496 G. C. 
 
 Op. Atty. Gen. (1922) p. 60. 
 
 The county commissioners may contract with the manag- 
 ing officers of a municipal workhouse wherein they agree to 
 provide the burial expense of an inmate who dies therein whose 
 body has not been claimed by relatives or delivered for dissect- 
 ing purposes under the provisions of section 9984 G. C. 
 
 In the event an inmates dies in a muncipal workhouse who 
 has been sentenced thereto from a county and whose body is not 
 claimed by friends or delivered for dissecting purposes, in the 
 absence of an agreement between the commissioners of the 
 county from which said convict has been committed and the 
 management of such workhouse to the effect that the county is 
 to bear such burial expense, such burial should be made at the 
 expense of the workhouse. 
 
 Op. Atty. Gen. (1919) p. 506. 
 
 Where a non-resident pauper dies in a state benevolent in- 
 stitution, the county commissioners of the county from which 
 he was sent are required to reimburse the board of administra- 
 tion for the expenses incurred in his burial, except when the 
 body is delivered in accordance with the provisions of section 
 9984 G. C. See section 3496 G. C. 
 
 The next of kin of a decedent have the right to determine 
 the place and manner of burial: Smiley v. Bartlett, 6 0. C. C. 
 234, 3.0. C. D. 482. 
 
 This section does not apply to cemetery associations, nor 
 to the trustees thereof; and it does not apply to the remains of 
 persons which have been buried for a long time, and which are 
 subsequently removed or disturbed by reason of a change in 
 the purpose to which land is put (see G. C. §§ 12689 to 12692): 
 Carter v. Zanesville, 59 O. S. 170. 
 
 Humane Society 
 
 Op. Atty. Gen. (1918) p. 389. 
 
 There is no such thing as a society for the prevention of 
 cruelty to animals which is not also a society for the preven- 
 tion of cruelty to children, as all such societies are required to 
 be formed for both of said objects. Such societies do not re- 
 quire the certificate of the board of state charities in order to 
 render their incorporation lawful. 
 
 Op. Atty. Gen. (1918) p. 389. 
 
 The act of taking temporary possession of a mistreated 
 child under section 10081 G. C. does not make such society sub- 
 ject to annual certification of the board of state charities. 
 
 Op. Atty Gen. (1918) p. 390. 
 
 The provision of the juvenile court law so modifies section 
 10083 G. C. that it is no longer necessary to comply with that 
 
428 
 
 Section No. 
 
 11181. 
 
 12110- 
 12134. 
 
 DEPARTMENT OF PUBLIC WELFARE 
 
 provision thereof requiring a child to be placed under the care 
 of a humane society or its agent. 
 
 Marriage of Minors 
 A marriage entered into in this state, when the wife is 
 
 less than sixteen years of age, becomes irrevocable by cohabita- 
 tion at the time, and after she arrives at that age; she may 
 also ratify the marriage in other ways: Holtz v. Dick, 42 O. 
 
 S. 23. 
 
 The marriage contract of one affected with congenital im- 
 becility of mind, to a degree rendering him incapable of con- 
 sent, is void ab initio. A court of chancery, in the exercise of 
 its ordinary powers, will entertain jurisdiction, at the suit of 
 imbecile’s guardian, to declare such marriage a nullity: Way- 
 mire v. Jetmore, 22 O. S. 271. 
 
 Marriage of a person under guardianship, consented to by 
 guardian, and death of husband before steps to annul the mar- 
 riage, marriage valid: McLeary v. Barcalow, 6 O.-C. C. 481. 
 
 If a girl of the age of seventeen is induced to marry a man 
 much older than herself with whom she is but slightly ac- 
 quainted, by his persistent solicitation, which overcomes her 
 will and such marriage takes place without the knowledge or 
 consent of her parents and no cohabitation follows, and such 
 girl on the contrary repudiates such marriage promptly, the 
 court will declare such marriage a nullity: Moser v. Long, 8 
 Ohio ‘App. .10,°27 0. G, AcI45, 28°O7 CC. Do2se- 
 
 A divorce granted for fraud in the marriage contract con- 
 cealing defendant’s congenital insanity from the plaintiff, is 
 not void because the act was committed while insane, for if the 
 defendant was insane when he committed the fraud, the mar- 
 riage is void: Benton v. Benton, 16 O. C. C. (N. S.) 121, 26 
 C.-G,- Ds. 6s. 
 
 Where the parties to a marriage in this state arrive at 
 the common law age of consent, and also arrive at a period 
 when they are man and woman, the parents have no authority 
 to compel a separation, on the ground that such wife had not, 
 at the time of the marriage, arrived at the age of sixteen years, 
 and that the marriage was without the parents’ consent: Holtz 
 ¥. Dick, 42°07 8..-28; 
 
 Bastardy Proceedings 
 A bastardy prosecution is only quasi criminal, and if in 
 the name of the state should be on the complaint of the real 
 party, but it would be more proper to carry on the suit in the 
 name of the party complaining: Devinney vy. State, W. 564. 
 The prosecuting attorney is not bound to attend to bastardy 
 
 suits, though brought in the name of the state: Devinney v. 
 State, W. 465. 
 
Section No. 
 
 12161- 
 12189. 
 
 LAW BULLETIN 429 
 
 The fact that G. C. § 12123 provides only for the mainte- 
 nance of an illegitimate child as a result of a proceeding in bas- 
 tardy, tends to show that a duty of support, maintenance and 
 education which is imposed by G. C. §1655 applies only to legiti- 
 mate children: Creisar v. State, 97 O. S. 16. 
 
 Habeas Corpus 
 
 An award of the custody of the child in a divorce case to 
 the mother is no bar to habeas corpus by the father against 
 others than the mother: In re Coons, 20 O. C. C. 47, 11 0. C. 
 D. 208. 
 
 Ill treatment by a stepmother is not sufficient ground to 
 deprive a father of the custody of his child unless he counte- 
 nanced the same: In re Muench, 20 O. C. D. 350, 11 O. C. D. 124. 
 
 Children under ten years of age are to be awarded to the 
 mother unless particular unfitness is shown. Children over ten 
 electing the father as custodian will be awarded to him unless 
 the mother proves his unsuitableness. Where there is intense 
 feeling between the parties the court will not find that unsuit- 
 ableness is proven without evidence of specific acts: Vincent 
 v. Vincent, 6 O. N. P. 474, 8 O. D. (N. P.) 160. 
 
 If a wife leaves her husband and takes her child, she can 
 not retain it as against her husband without showing that she 
 did not desert him without grave cause, if he is a fit person to 
 have it: State, ex rel., v. Nishwitz, 1 Dec. Rep. 370, 8 W. L. 
 J. 396. 
 
 If a wife separated from her husband voluntarily relin- 
 quished to him the custody of a child of tender years, the court 
 will not restore it to her unless the good of the child reqiures 
 it: State, ex rel., v. Nishwitz, 1 Dec. Rep. 370, 8 W. L. J. 396. 
 
 The court which first acquires jurisdiction in divorce cases 
 ean alone decree as to the custody of children and habeas cor- 
 pus lies to determine which custody is best for the child: In re 
 Talbot, 8 Dec. Rep. 744, 9 Bull. 271. 
 
 The custody of younger children, other things being equal, 
 will be awarded to the mother subject to the revocation, if she 
 puts them in any institution or other charge: State, ex rel., v. 
 Niles, 11 Dec. Rep. 248, 25 Bull. 327. 
 
 Habeas corpus lies by a mother against the father for the 
 custody of a child: State, ex rel., v. Niles, 11 Dec. Rep. 248, 
 25 Bull. 327. 
 
 The full faith and credit clause of the constitution, when 
 applied to a case involving the custody of a child, will not pre- 
 vent the courts of another state making a different order on 
 later facts: In re Barnes, 11 Dec. Rep. 848, 30 Bull. 164. 
 
 A judgment determining the custody of a child will not pre- 
 vent a different judgment on habeas corpus on a material 
 change of circumstances since its rendition: In re Barnes, li 
 Dec. Rep. 848, 30 Bull. 164. 
 
430 
 
 DEPARTMENT OF PUBLIC WELFARE 
 
 Section No. 
 
 12161- 
 12189. 
 
 Habeas corpus lies when a minor is committed without 
 notice to county visitors: Girls’ Industrial Home v. Steffen, 7 
 ON: P. 409, 9 O. D. {Nr P2686. 
 
 In a proceeding in habeas corpus brought by one to whom 
 the custody of minor children has been committed by the court 
 of common pleas in a proceeding instituted before it for divorce 
 and for the custody of such minor children, an answer to the 
 writ to the effect that the applicant was not a suitable person 
 to have the control of such children does not confer upon the 
 court which issues the writ jurisdiction to hear and determine 
 such question: In re Crist, 89 O. S. 33. 
 
 The probate courts of this state acting as juvenile courts 
 under the provisions of G. C. §§1639, et seq., are courts of 
 record, and their judgments, where jurisdiction of the person 
 and subject-matter has been acquired and no fraud has inter- 
 vened, are conclusive and can be assailed in no other court in 
 an independent proceeding: Children’s Home v. Fetter, 90 
 ies Paps A 
 
 An action in habeas corpus in the court of common pleas 
 can not be maintained to secure the custody of a child com- 
 mitted by the juvenile court as a dependent: Bleier v. Crouse, 
 13 Ohio App. 69, 31 O. C..A. 453, 32 O. C. D. 489. 
 
 Children having been placed in a children’s home under 
 commitments of a court having competent jurisdiction, by pro- 
 ceedings regular in all particulars, a writ of habeas corpus can 
 not issue from another court on the ground that such children 
 are unlawfully restrained of their liberty, where there is no 
 showing in the habeas corpus proceeding that the commitments 
 by which the children are held are void for illegality and where 
 no proceeding in error was prosecuted from the court of domes- 
 tic relations on the ground of irregularity: In re Crouse, 14 
 Ohio App. 274. 
 
 Habeas corpus lies when a minor is committed without 
 notice to parents: State, ex rel., v. Stiles, 12 O. D. (N. P.) 338. 
 
 A writ of habeas corpus will be refused under and order 
 
 of the probate court, made during the term, suspending a former 
 legal commitment to children’s home: In re Blake, 14 O. D. 
 Ca. Fo Boy 
 
 The claim of the government over-rides that of the parent 
 as in the case of a minor over eighteen enlisting in the United 
 States army: In re Disinger, 12 O. S. 256. 
 
 No. 287. April 10, 1912. To Superintendent, Cleveland 
 State Hospital: 
 
 Under section 12189 G. C., costs of habeas corpus proceed- 
 ings for release of an inmate of a state hospital are chargeable 
 to the state and the superintendent may not be held for same. 
 
 An insane person in any asylum is entitled to habeas cor- 
 pus under G. C, §1976, to test the question of sanity, and the 
 
Section No. 
 12161- 
 12189. 
 
 LAW BULLETIN 431 
 
 court must allow the writ to issue, and hear the question there- 
 on, and should not hear it upon the application for the writ. 
 In re Gunning, 14 O. C. C. 507, 7 O. GC. D. 443. 
 
 A father who has been committed to jail for contempt, be- 
 cause he refused to make certain payments to the clerk of the 
 court to provide for his children, upon the order of the court 
 in a divorce proceeding can not be discharged on habeas cov- 
 pus because of lack of jurisdiction: Rhynard v. Gardner, 7 
 Ohio App. 262, 28 O. C. A. 194, 30 O. C. D. 175. 
 
 Habeas corpus lies to test the validity of a statute when 
 it is the sole cause of imprisonment: In re Kline, 6 O. C. C. 
 Bib 3 O: C.D. 422. 
 
 A judgment in an action for alimony, or a judgment find- 
 ing a party guilty of contempt for failure to comply with the 
 order of the court in such judgment for alimony, can not be 
 attacked collaterally in a proceeding in habeas corpus: Bly v. 
 Smith, 94 O. S. 110. 
 
 In habeas corpus proceedings, where the right to the cus- 
 tody of a minor child is involved, the welfare and best inter- 
 ests of the child are the chief objects to be obtained; and the 
 parents, if suitable persons, are entitled to the custody of the 
 child against its statutory guardian, provided the best interests 
 and welfare of the child are thereby obtained: State, ex rel., v. 
 Madden, 12 O. D. (N. P.) 83. 
 
 The order of the court must have sole reference to the best 
 interests of the child and neither parent has any rights in con- 
 flict with its welfare: Gishwiler v. Dody, 4 O. S. 615: in re 
 Barnes, 11 Dec. Rep. 848, 30 Bull. 164. 
 
 When the court of common pleas, on rendering a decree of 
 divorce, further decreed the custody of the children to one of 
 the parties, a probate court, while the decree is in force, can 
 not interfere by habeas corpus or by letters of guardianship. 
 Hoffman v. Hoffman, 15 O. S. 427. 
 
 In cases other than those of controverted custody, the alle- 
 gation of unlawful “restraint of liberty,” or words of precisely 
 the same import, is essential in the application to give the court 
 jurisdiction. The defect is not cured by amendment, nor waived 
 by appearance of respondent and a trial; Hence, in habeas 
 corpus for a child, if the relator does not claim the right 
 of custody, but merely acts on its behalf, an averment that it 
 is illegally restrained and possessed by respondent is fatally 
 defective even after trial, for as a child must be in some one’s 
 custody, want of liberty is not necessarily alleged: in re Curd, 
 9 Dee. Rep. 182, 11 Bull. 186. 
 
 Where a justice of the peace has committed to jail a parent 
 charged with nonsupport of his child to await action of grand 
 jury, on habeas corpus by such parent evidence dehors the 
 
432 
 
 Section No. 
 
 13608- 
 13614. 
 
 DEPARTMENT OF PUBLIC WELFARE 
 
 record may be heard to show want of jurisdiction in said jus- 
 tice to make such order: Ex parte Wyant, 8 O. N. P. (N.S) 
 207. 
 
 Where a delinquent child has become a ward of the juvenile 
 court and it has been committed to an institution, under the 
 provisions of the General Code relating to the juvenile court, 
 a proceeding in habeas corpus by a parent against the institu- 
 tion or its officers for the custody of the child will not lie: 
 Children’s Home v. Fetter, 90 O. S. 110. 
 
 Habeas corpus will not lie to secure the discharge of a minor 
 who was indicted for a felony and convicted in the court of 
 common pleas, but did not challenge the jurisdiction of the 
 court until motion for new trial, or prosecute error, on the 
 ground that he was under eighteen years of age and should 
 have been first taken before the juvenile court, in accordance 
 with the provisions of G. C. § 1659: In re Pharr, 10 Ohio App. 
 395. 31 O. C. A. 465. 
 
 Although habeas corpus must be brought where the de- 
 fendant resides, yet if the court in a divorce case awards the 
 custody of children to one of the parties and such children are 
 not within the jurisdiction, the court may issue such writ to 
 any county as an ancillary proceeding to enforce its judgment: 
 State, ex rel., v. Speidel, 1 Dayton Term Rep. (Iddings), 17; 
 In re Talbot, 8 Dec. Rep. 744, 9 Bull. 271. 
 
 Criminal Proceedings When Prisoner is Insane 
 
 (See opinions cited under Section 1985 et seq.) 
 
 No. 480. July 27, 1917. To the Prosecuting Attorney, 
 Ironton, Ohio: 
 
 The costs incurred in determining whether or not a person 
 is sane under Section 13608 G. C. are part of the costs in the 
 criminal case. Witness fees are payable out of the county 
 treasury under Section 3014 G. C. If the prisoner does not re- 
 cover his sanity and the indictment is nollied, the officers’ fees 
 are payable as in cases of state failure. If the prisoner does 
 recover his sanity and the trial proceeds upon the _ indict- 
 ment and the prisoner is acquitted, the officers recover their 
 fees as in cases of state failure. If the prisoner is convicted 
 and sentenced to the penitentiary or reformatory, the costs are 
 paid by the state. 
 
 No. 1677. January 8, 1919. To the Prosecuting Attorney, 
 Cincinnati, Ohio: 
 
 Where a person is found to be insane after indictment, and 
 before sentenced, the probate judge, when receiving a certificate 
 to this effect, must commit such person to the Lima Hospital, 
 where he must remain until he is restored to reason. 
 
 Op. Atty. Gen. August 27, 1923, to the Department of Pub- 
 lie Welfare, 
 
Section No. 
 
 13608- 
 13614. 
 
 LAW BULLETIN 433 
 
 A person who has committed a crime and whose insanity 
 was suggested at the time of arraignment, may not be sentenced 
 to Lima State Hospital for the reason that he was not indicted 
 and acquitted on the sole ground that he was insane. (Section 
 13679 G. C.) 
 
 Council for the accused may not before sentence obtain a 
 second trial upon the issue of insanity under G. C. 13608, 
 especially where it is not shown that the accused had become 
 insane since his previous trial under that section: Rehfeld v. 
 State, 102 O. S, 431. 
 
 The trial provided by this section has nothing to do with 
 determining the sanity of the accused at the time he committed 
 the offense. State v. O’Grady, 3 O. N. P. 279, 5 O. D. (N. P.) 
 654. 
 
 If three-fourths of the jury find the prisoner insane it is 
 sufficient to authorize a verdict. State v. O’Grady, 3 O. N. P. 
 279/56 0. D. (N. P.) 654. 
 
 Before one who has been found insane and committed pur- 
 suant to G. CG. section 13608, et seq., can properly be convicted, 
 the record should show a compliance with this section; and an 
 affidavit of the superintendent of an insane asylum that the ac- 
 cused was not insane, made after the person has been tried 
 and convicted, is not a compliance with this section: Brock v. 
 State, 22 O. C. C. 364, 12 O. C. D. 467. 
 
 The record of a probate court showing that four years pre- 
 vious to the commission of a crime the accuséd was adjudged 
 insane and confined in an asylum is admissible: Wheeler v. 
 State, 34 O. S. 394. 
 
 Op. Atty. Gen. (1918) p. 1659. 
 
 Where a person is found to be insane after indictment, and 
 before sentenced the probate judge, when receiving a certificate 
 to this effect, must commit such person to the Lima hospital, 
 where he must remain until he is restored to reason. 
 
 The provisions of this section are mandatory and the mode 
 prescribed for determining insanity is preemptory and exclu- 
 sive. When therefore, the counsel for the defendant during the 
 progress of a trial suggests to the court that the defendant is 
 not then sane and presents the certificate of a “reputable” 
 physician to that effect, it is error for the court to refuse to 
 impanel a special jury to pass upon the insanity of the accused. 
 Such error is not cured by a general charge to the jury as fol- 
 lows: “If you think that you have not heard all of the truth 
 in the case, because of the defendant’s mental condition and that 
 you believe you are not justified because of that fact in finding 
 him guilty, you may acquit him’: State, v. Roselot, 69 O. S. 91. 
 The only parts of G. C. §§ 13608, et seq., adopted by G. C. 
 §§13577 and 13614 are the parts that relate to the procedure to 
 determine the sanity or insanity of the accused. Said parts in 
 
434 
 
 Section No. 
 
 13706- 
 13710. 
 
 DEPARTMENT OF PUBLIC WELFARE 
 
 no wise control G. C. $$ 13577 and 13614 in the order to commit 
 the person so found to be insane: State, ex rel., v. Clark, 102 
 O. S. 404. 
 
 Counsel for the accused may not before sentence obtain a 
 second trial upon the issue of insanity under G. C. §13608, 
 especially where it is not shown that the accused had become 
 insane since his previous trial under that section: Rehfeld v. 
 State, 102 O. S. 431. 
 
 The trial provided by this section has nothing to do with 
 determining the sanity of the accused at the time he committed 
 the offense: State v. O’Grady, 3 0. N. P. 279, 5 O. D. (N. P.y 
 654. 
 
 Probation 
 
 No. 866. September 24, 1915. To Ohio Board of Admin- 
 istration: 
 
 Prisoner convicted of non-support and transferred to Lima 
 entitled to provisions of this section. 
 
 If a defendant in a criminal prosecution who has been 
 found guilty and who has been sentenced contends that the court 
 ordered the sentence to be suspended but neglected to enter such 
 suspension of record, the order of such court in overruling an 
 application for a nunc pro tune entry suspending such sentence 
 is a conclusive adjudication that no order of suspension was 
 made. If such refusal is erroneous such defendant may prose- 
 cute error; but he can not enjoin the sheriff from enforcing 
 such sentence: Witters v. Browne, 8 Ohio App. 310, 28 O. C. A. 
 237, 29 O. C. D. 441. 
 
 An application for suspension of sentence under G. C. 
 § 13706, should be made before the defendant has prosecuted 
 error; and an application for the suspension of sentence to en- 
 able the defendant to prosecute error, waives his right to apply 
 for the suspension of sentence under G. C. §$13706: State v. 
 Vourron, 18 O. N. P. (N. S.) 581. 
 
 The provisions for placing a criminal upon probation, 
 which are found in this section and in G. C. §§ 13713 and 13715, 
 confer such power upon the state board of administration, and 
 tend to show that the courts have no power, in the absence of 
 statutory authority, to place criminals upon probation, or to 
 suspend sentences: State v. Radcliffe, 18 O. N. P. (N. S.) 273, 
 26 O. D. (N. P.) 87. 
 
 The words “within the longest period for which the de: 
 fendant might have been sentenced” in G. C. § 13714, refer to 
 “judgment”; and in case of suspension of sentence under G. C. 
 § 18711 for not more than two years, the court may terminate 
 such suspension if the accused has violated his parole; and then 
 impose sentence with the longest period for which accused might 
 have been sentenced in the first instance: In re Nunley, 102 
 
Section No. 
 
 12960- 
 13007. 
 
 LAW BULLETIN 435 
 
 O. S. 832 [see to opposite effect, In re Pontius, 6 Ohio App. 249, 
 26 O. C. C. (N. S.) 178, 29 O. C. D. 28, 14 O. L. R. 487 (Ed.), 
 61 Bull. 367 (Ed.)]. 
 
 Offenses Against Minors 
 
 A parent may be guilty of the crime of failing to provide 
 for his minor children although he is a resident of another 
 state during the time laid in the indictment, and the venue of 
 the crime is in the county where the children are when the com- 
 plaint is made: State v. Sanner, 81 O. S. 393. 
 
 The legal and ordinary acceptation of the word “parent” 
 does not include a step-father or step-mother, and under the 
 rule that criminal statutes must be strictly construed it fol- 
 lows that prosecution does not lie against a step-father, under 
 § 12970 for failure to provide for his step-children: State, v. 
 Barger, 14 Ohio App. 127, 32 O. C. A. 30. 
 
 In a eriminal prosecution against a father for failing to 
 furnish necessary and proper food, clothing and shelter for a 
 child, evidence is insufficient which shows that the child was 
 taken by its mother to her parents “on a farm” without showing 
 in what county, state or country such farm is: Noonan v. 
 State, 16 O. C. C. (N. S.) 248, 26 O. C. D. 577. 
 
 In order to convict for failure to furnish necessary and 
 proper food, clothing and shelter for a child, the state must 
 show that the offense was committed within the county where 
 the trial was had: Noonan v. State, 16 0. C. C. (N. 8S.) 248, 
 PYATAO) TOn AD Sy ae 
 
 In a prosecution under G. C. § 12428, against a father for 
 cruelly and unlawfully punishing his child, it is not proper te 
 charge the jury that the father is the judge as to the mode and 
 severity of the punishment and can not be found guilty for 
 error in judgment, even if the punishment was excessive, nor 
 unless the jury should find he was prompted by malice and ill- 
 will toward the child: Mohr v. State, 19 O. C. C. (N. 8S.) 43. 
 
 In the prosecution of error proceedings in an action by a 
 wife against her husband under G. C. § 12970, for failure to 
 provide for their minor child, service of summons in error upon 
 the wife’s attorney or waiver of service by him does not give 
 the reviewing court jurisdiction; and the state can be brought 
 into court only by service on or waiver of service by the prose- 
 eutine attorney or some one duly authorized by him to act in 
 that behalf: Stryk v. State, 25 O. C. CarGNigoe) Gs. 
 
 In a prosecution for torture, the offense is insufficiently 
 deseribed by an affidavit charging unlawful, willful or cruel 
 torture, even though aided by the words by “beating and strik- 
 ing said person with a stick”: Martin v. State, 11 O. N. P. 
 
 (N. S.) 183. 
 
436 
 
 Section No. 
 
 12960- 
 13007. 
 
 DEPARTMENT OF PUBLIC WELFARE 
 
 Op. Atty. Gen. (1919) p. 348. 
 
 In permitting a minor under the age of eighteen years, 
 who is a member of the Lima Y. M. C. A., to play pool and 
 billiards therein, the officials of said Y. M. C. A. do not violate 
 the provisions of section 12962 G. C. Opinion limited, however, 
 to the precise facts of the query. 
 
 Op. Atty. Gen. (1918) p. 1203. 
 
 Under section 12967 G. C. any person selling a gun or am- 
 munition to a minor under seventeen years of age, or knowingly 
 permitting such minor to use his gun, is liable to prosecution 
 under said section, even though such minor has a _ hunter’s 
 license. 
 
 Before a school-teacher can be convicted of torture in pun- 
 ishing a pupil, it must be shown that the punishment admin- 
 istered was immoderate and excessive, and that the teacher 
 was actuated by malice express or implied: Martin v. State, 
 12-0. N. Py UN. 4S.) 283; 
 
 A parent is hable under this section for administering cor- 
 poral punishment to a child if the punishment is beyond the 
 bounds of reason or humanity, or by the use of an improper in- 
 strument or with excessive severity or without due regard to 
 the age and physical and mental condition of the child: State 
 v. Kalish, 7 O. L. R. 447. 
 
 It is no defense to a prosecution against the father for 
 failing to properly maintain his children that an agreement was 
 entered into between him and his wife, by which the wife was 
 given the custody of their minor children, and agreed for a 
 valuable consideration to support them, and that after the 
 mother became unable to support the children, the accused of- 
 fered to support them if the mother would surrender their cus- 
 tody, which she refused to do: Bowen v. State, 56 O. S. 235. 
 
 The intent of this section is to secure the trial of parents, 
 charged with having failed to cause their children to attend 
 school, within the district where the offense occurs and the 
 court may insert proper punctuation to give that effect to the 
 section: Grahn y. State, 9 O. D. (N. P.) 816. 
 
 A parent who sends his child to a public school and is will- 
 ing to continue to do so, but the child is excluded for failure 
 to comply with a rule of the board of education requiring vac- 
 cination, is not liable to conviction under the compulsory edu- 
 cation act: State v. Turney, 12 O. C. C. (N. S.) 33, 21 O. C. 
 Di e2225 
 
 (The child may however be placed under other guardian- 
 ship if its education is not provided for by the parent.) 
 
 Op. Atty. Gen. (1922) p. 554. 
 
 Where children between the ages of 6 and 15 are employed 
 during the vacation of the publie schools in weeding by hand 
 
Section No. 
 
 13008- 
 13021. 
 
 LAW BULLETIN 437 
 
 fields planted to vegetables such as onions, such employment 
 constitutes a violation of sections 12976, 7765, 7766-6, 7766-9, 
 and 7770-2 of the General Code, and other sections relating 
 generally to the employment of minors of school age as amend- 
 ed in 1921. It is unlawful to employ a child under 14 years of 
 age at any time except for irregular service not involving con- 
 finement nor continuous physical strain, nor more than four 
 hours work in any day or twenty-four hours in any week, such 
 work to be interrupted with rest or recreation periods. The 
 application of various other statutes relating to the employment 
 of minors in industry to such state of facts considered. 
 
 Maintenance of Minors—Non-Support 
 (See Citation under Section 2148-9.) 
 
 Op. Atty. Gen. (1920) p. 1145. 
 
 Commitments to the Ohio Reformatory for Women under 
 the provisions of section 13031-17 G. C. (108 O. L., Part 1, p. 
 731) are to be regarded as felony commitments, and are “for 
 an indeterminate period of time not less than one nor more 
 than three years in duration.” With said section, the pro- 
 visions of section 2148-9 G. C. are entirely consistent. 
 
 Commitments to the Ohio Reformatory for Women under 
 the provisions of section 13031-17 G. C. (108 O. L. Part ey 
 732) are to be regarded as misdemeanor commitments, and are, 
 pursuant to the provisions of said section, “for not more than 
 one year.” Said section is in the nature of an exception to the 
 general rule for misdemeanor commitments stated by section 
 2148-9 G. C. 
 
 Op. Atty. Gen. (1919) p. 448. 
 
 A justice of the peace may not remit a penalty imposed by 
 him and order a person sentenced to a term of imprisonment to 
 be released after such sentence has gone into execution. 
 
 The words “within the longest period for which the defend- 
 ant might have been sentenced” in G. C. § 13714, refer to “judg- 
 ment”; and in case of suspension of sentence under G. C. § 13711, 
 for not more than two years, the court may terminate such 
 suspension if the accused has violated his parole; and then im- 
 pose sentence with the longest period for which accused might 
 have been sentenced in the first instance: in re Nunley, 102 
 O. S. 332 [see to opposite effect, in re Pontius, 6 Ohio App. 249, 
 ooo. GUN. os.) 178, 29 OC. D. 28544 O. LR. 487° (ied.), 
 61 Bull. 367 (Ed.)]. 
 
 In misdemeanor cases the trial court has power under favor 
 of G. C. § 13711, to suspend in whole or in part the execution of 
 a sentence at any time during the term at which sentence was 
 passed, even though the defendant had entered upon the im- 
 prisonment ordered by the sentence: Antonio v. Milliken, 9 
 Ohio App. 357, 29 0, ©. A. 305, 31 O. C. D. 33, 
 
438 
 
 Section No. 
 
 13008- 
 13021. 
 
 DEPARTMENT OF PUBLIC WELFARE 
 
 As the punishment provided by this section for failure by 
 a father to support his illegitimate child may be imprisonment 
 in the penitentiary, this makes such offense a felony, and a 
 justice of the peace therefore has no jurisdiction to try a per- 
 son accused of violating said section, but is only authorized to 
 conduct a preliminary examination and either discharge the ac- 
 cused or recognize him to appear before the proper court: Me- 
 Kelvy v. State, 87 O. S. 1. 
 
 Since G. C. § 12372 provides that offenses which may be 
 punished by death or imprisonment in the penitentiary are 
 felonies and that all other offenses are misdemeanors, a prose- 
 cution under this section for a failure by a father to support 
 his illegitimate child is a prosecution for a felony, since the 
 punishment under such statute may be imprisonment in the 
 penitentiary or the jail, at the discretion of the court. The 
 fact that such crime may be punished as a misdemeanor does 
 not alter its character as a felony: McKelvy v. State, 87 O. S. 1. 
 
 A parent who is able by reason of property, labor or earn- 
 ings to provide care or maintenance of his child under sixteen 
 years of age, may be convicted of failure to support his illegiti- 
 mate child without proof of notice that the child is in need or of 
 a demand or request that such care or maintenance be provided: 
 Elem v. State, 5 Ohio App. 12, 24 O. C. C. (N. S.) 296, 26 O. 
 G, Do. 31b. 
 
 Where a wife has secured a divorce, alimony and custody 
 of a minor child, the husband is not thereby relieved from lia- 
 bility for prosecution under this section: Schuman v. State, 
 6.0..N. P. 2449.0; De (Ny Bilbis; 
 
 A parent may be guilty of the crime of failing to provide 
 for his minor children although he is a resident of another 
 state during the time laid in the indictment, and the venue of 
 the crime is in the county where the children are when the com- 
 plaint is made: State v. Sanner, 81 O. S. 393. 
 
 In a petition for a writ of habeas corpus by a citizen of 
 Kentucky imprisoned in Ohio for failure to provide for his 
 minor child then being in Ohio, where it appears that the peti- 
 tioner’s wife abandoned him in Kentucky and took the child 
 with her into Ohio against the will of the petitioner who at all 
 times was willing to support them, and that the child is pro- 
 vided for by the mother or by persons at her request, the mere 
 failure of the defendant to assert his legal right to the custody 
 of his minor child does not bring him within the laws of Ohio 
 relating to the duties of parents to their minor children: In re 
 Poage, 87 O. S. 72. 
 
 In order to convict for failure to furnish necessary and 
 
 proper food, clothing and shelter for a child, the state must show 
 that the offense was committed within the county where the 
 
Section No. 
 
 13720- 
 13727. 
 
 LAW BULLETIN 439 
 
 trial was had: Noonan vy. State, 16 O. C. C. (N. S.) 243, 26 
 OFC. D. 577, 
 
 If the wife of A obtains a divorce from him while he is a 
 resident of Portage county and she then moves to Medina county 
 taking A’s minor children with her under a decree of the court 
 which awards her the custody of the children, and A then re- 
 marries and moves to Summit county, he may be prosecuted in 
 Medina county for neglecting and refusing to provide for his 
 minor children under sixteen years of age with proper home, 
 care, food and clothing: Moore v. State, 18 O. C. C. (N. S.) 
 482, 24 O. C. D. 487. 
 
 A court has no authority to pronounce, as part of the sen- 
 tence of a prisoner convicted of failing to support his minor 
 child, that he stand committed until fine and costs are paid, as 
 such offense is a felony under G. C, § 12372, being punishable 
 by imprisonment in the penitentiary: Smith v. State, 1 0. C. C. 
 (N. 8.) 101, 14.0. .C.. D. 140. 
 
 In a prosecution against a father for failing to support 
 minor children who were awarded to the custody of their mother 
 when she obtained a divorce from the accused for his aggres- 
 sion, it is not error to refuse to charge, “Before you can find 
 the defendant guilty in this case, you must find from the evi- 
 dence, beyond a reasonable doubt, that the defendant was able 
 by reason of his having means, or of his ability to work and 
 earn money, to provide said children with proper home, care, 
 food or clothing, and that he has knowingly and willfully re- 
 fused or neglected so to do, after knowledge or notice to him, 
 from the mother or person having the custody of said children 
 to do so;” whether such charge is correct in the abstract or not, 
 since it does not deal with the guilt or innocence of the accused 
 and would not have aided the jury: Moore v. State, 18 O. C. %. 
 (N. S.) 482, 24 O. C. D. 487. 
 
 Prosecution and Transportation of Convicts 
 
 No. 304. April 30,1915. To Auditor of State: 
 
 The auditor of state is required to issue his warrant for 
 the proper costs of conviction and transportation of a person 
 sentenced for a felony to the penitentiary or reformatory upon 
 the delivery of the person to the warden or superintendent, and 
 a proper certification of such costs and transportation, not- 
 withstanding that the execution of such sentence may be sub- 
 sequently suspended by order of the court. 
 
 See opinion No. 230 cited under Sec. 2212-2215 G. C. 
 
440 
 
 Section No. 
 
 DEPARTMENT OF PUBLIC WELFARE 
 MISCELLANEOUS 
 
 No. 472. June, 1912. To Ohio Board of Administration: 
 
 Disposition of children born in state institution. 
 
 The illegitimate children born of girls who are inmates of 
 the girls’ industrial school, should be placed in: the children’s 
 home of the county or district of the residence of the mother be- 
 fore her confinement in the institution. If such county has no 
 children’s home, then the county commissioners of such county 
 should be notified to provide for them. The father of the child 
 should be required to pay for the keeping of the child. 
 
 The officers of the institution, or of the county, township 
 or municipality, that is supporting and keeping such child may 
 enter into an agreement with the acknowledged father for the 
 payment of the expense of keeping such child. 
 
 The board of administration, through its officers, or through 
 the managing officer of the institution should notify the super- 
 intendent of the children’s home, or the county commissioners 
 to provide for such dependent children. 
 
 The children of married women should be turned over to 
 the father, if he is the husband of the mother, and is able to 
 provide properly for such child. In the case of unmarried 
 women in the hospitals for the insane, the child should be dis- 
 posed of as in the case of children of the inmates of the girls’ 
 industrial school. 
 
 If the Board of Administration or the managing officer of 
 an institution, have knowledge, or have reason to believe that 
 the criminal laws of the state have been violated in connection 
 with the wards of the state, the facts should be laid before the 
 prosecuting attorney of the county wherein the offense was com- 
 mitted, so that the same may be investigated and prosecutions 
 brought by him as he deems best. 
 
 No, 496. September 12, 1913. To Probate Judge, Youngs- « 
 
 town, Ohio: 
 
 Guards and parole officers not permitted to carry concealed 
 weapons until they have filed the bond required by law. 
 
 No. 1819. June 21, 1916. To Superintendent, Ohio Hos- 
 pital for Epileptics: 
 
 No law prohibiting superintendent giving information re- 
 garding probable consequences of marriage with patient. 
 
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