may be provided by the rules of the senate and house of representatives, or by the separate order of each house, or by a joint concurrent resolution of both branches of the general assembly, as may be hereafter determined, is hereby created to investigate the management, discipline and financial condition of the State Penitentiary.

Organization

Governor and others to turoisa

§ 2. The said committee shall assemble on some day to be hereafter designated by the majority thereof, and before of committee. the tenth day of July, one thousand eight hundred and seventy-one, and at the senate chamber in the city of Springfield, and organize by electing one of their number as chairman, and by appointing a secretary (who shall also be reporter), and after such organization notify the governor thereof; and it shall thereafter be the duty of the governor and all other state officers, and of the officers, books and pa agents, and employès of the penitentiary to furnish to said pers. committee, at its request therefor, copies of all requisitions, orders, receipts, vouchers, official letters, correspondence, and other papers or books in their possession or under their control, that relate to the discipline, management, or financial condition or affairs of said penitentiary; and if required so to do, shall submit any original paper or book in their possession to said committee, for its inspection, and also furnish all information in their possession to said committee, that may relate, in any way, to the said penitentiary, or its management, when required so to do.

committee.

3. After said committee is organized as aforesaid, it Sessions of the shall have power to hold its sessions either at Springfield or at the penitentiary, and it shall have the power to examine all books, papers, vouchers, receipts, or other thing that may belong to the penitentiary, or that relates to its business or management, and it shall be the duty of every officer, agent or employè of said penitentiary to aid the said committee in the prosecution of its duties, as may be required by said committee.

$4. Said committee shall have power to compel all per- Powers of comsons to appear before them, and give evidence touching the mittee. management, discipline, government, and the financial affairs and business of the penitentiary, and to require any and all persons to produce to said committee, for examination, any and all books and papers that relate thereto, and the chairman of said committee, for the time being, shall have full power and authority to administer oaths, and any person who shall swear falsely, touching any material fact before said committee, shall be deemed guilty of perjury, and shall be punished accordingly.

to

issue summons.

5. For the purpose of compelling the appearance of Chairman of persons, and the production of books and papers before said committee committee, the chairman thereof shall issue his summons, in which shall be stated the time and place for the appearance of such person, or the production of such books and

nesses.

papers (if any), and a brief description of any such books or papers required; and such summons shall be served by any sheriff or other officer of this state, or by any person to be designated by the said chairman, by indorsement on said summons, and the manner of service shall be by the delivery of a copy thereof to the party named therein, or by leaving such copy at his usual place of abode, with some Refractory wit- member of his family; and any person served with such summons in manner aforesaid, not less than three days before the time fixed therein for his or her appearance, who shall fail or refuse to appear before said committee, or shall fail or refuse to produce any book or paper required as aforesaid, or who shall willfully refuse to answer any question propounded to him or her, by or under the direction of said committee, in relation to the business or management of said penitentiary, its discipline, government or financial condition, or in relation to any of the acts or conduct of any of its officers, agents or employès, shall be subject to indictment in the circuit court of Sangamon or Will county, as the case may be, and upon conviction shall pay a fine of not less than twenty nor more than one thousand dollars, and shall stand committed until the fine and costs are paid. of § 6. If any person shall misbehave him or herself in the presence of said committee when in session, or shall, after due service of summons to appear before said committee, without sufficient excuse (to be determined by said committee by vote, to be entered upon the minutes of its proceedings), fail or refuse to appear before said committee, or to produce any papers in his or her possession, or under his or her control, when required so to do, or shall refuse to answer any question propounded to him or her, by or under the order of said committee, in relation to the business or management of said penitentiary, its discipline, government or financial condition, or in relation to the acts or conduct of any of its officers, agents or employès, he or she shall be deemed guilty of contempt, and shall be fined as provided in section five of this act.

Conduct witnesses.

Appropriation for expenses.

Claims against penitentiary.

§ 7. A sum not exceeding five thousand dollars is hereby appropriated for the payment of the expenses of said investigation, and the auditor shall draw his warrant upon the treasurer for the payment of such expenses, upon the certificate of the chairman of this committee. The members of said committee shall be paid the sum of five dollars per day, for the time actually and necessarily employed, to be certified by the chairman of said committee; and the said committee shall make a full and complete report of the testimony so taken, as aforesaid, to this house at its adjourned

session.

§ 8. It shall be the duty of said committee to audit the claims against said penitentiary, which have been incurred up to the first day of April, in the year of our Lord one

thousand eight hundred and seventy-one, and when so audited shall submit each claim, with the evidence thereof, to the next session of the general assembly.

§ 9. Three of said committee shall constitute a quorum, and no vote shall be declared affirmatively without the concurrence of a quorum; and in the absence of the chairman of said committee, the committee may choose a temporary chairman, who, for the time being, shall have all the powers and perform all the duties of the chairman.

§ 10. The warden shall dispose of such machinery, stock Warden to disand assets of the penitentiary as may be unnecessary for cessary stock. the proper employment of the convicts, and the manage.

ment of the prison, at such time and in such manner as the committee may direct, and pay the proceeds thereof into the treasury of the state.

APPROVED June 16, 1871.

AN ACT to legalize the payment by the governor of certain funds belonging In force July 1, to the state to the penitentiary commissioners.

1872.

By reference to the governor's message to the present Preamble. general assembly the history of such payment and the character of the funds used will appear; and, whereas, the use of said funds was without authority of law, but believing that the same was justifiable and in good judgment; therefore,

Act of governor

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That the said act of the governor is hereby legalized, and upon his legalized. presenting to the auditor a proper voucher from the penitentiary commissioners for the amount ($39,000), the auditor shall issue a special warrant, directing the treasurer to make such entries on his books as will show the credit to the governor of said sum, as having been received by him. from the United States, and said auditor shall charge the amount to the penitentiary.

APPROVED January 22, 1872.

AN ACT to provide for the payment of deficiency of former appropriations for In force July 1, the current expenses of the Illinois State Penitentiary.

1872.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That for Appropriation of paying the deficiencies on former appropria

the

purpose

for deficiencies.

Claims allowed.

Auditor

to

tions for maintaining the penitentiary, the sum of one hundred and seventy five thousand dollars, or so much thereof as may be necessary, be and is hereby appropriated to pay all debts due from said penitentiary, contracted on or before the eighth day of August, in the year of our Lord eighteen hundred and seventy, (the time when the new constitution was adopted,) to be paid to the persons to whom the same is due, upon vouchers certified to be correct by the chairman of the committee appointed to investigate the affairs of said institution and audit said claims, and by the warden of the penitentiary.

2. That each claimant shall be allowed the amount found due, including interest, by the joint committee of investigation into the affairs of the Illinois State Penitentiary, appointed under an act entitled "An act to provide for an investigation of the discipline, management and financial condition of the Illinois State Penitentiary," approved June tenth, eighteen hundred and seventy-one, and reported by said committee to this general assembly, with six per cent. interest per annum until the same is paid.

3. The auditor is hereby authorized and required to draw warrant. draw his warrant on the treasurer, in favor of the persons holding said claims, for the amount certified as above provided, to the amount of the sum herein appropriated-to be paid out of any money in the state treasury not otherwise appropriated.

Warden to re

sales.

4. That for the purpose of paying the claims or part tain proceeds of of claims furnished or contracted for since the adoption of the present constitution, with interest as provided in section two of this act, the warden is authorized to retain in his hands a sufficient amount of the proceeds from the sales of such machinery, stock and assets of the penitentiary, as are unnecessary for the management of the same, as provided in section ten of "An act to provide for the investigation of the penitentiary," approved June sixteenth, eighteen hundred and seventy-one, to be paid to the claimants upon vouchers certified to by the chairman of said committee.

Warden to sell

stock.

5. In order that the last mentioned class of claims be machinery and paid at as early a day as possible, the warden is hereby directed to sell said machinery and stock, as well as all other such unnecessary property, accumulating from time to time, as speedily as practicable, and realize from the assets by sale, compromise and collection, in the most expeditious and economical manner, keeping an accurate account of all such collections and sales; and after paying said claims, shall pay the balance, with all the surplus earnings of the penitentiary, into the state treasury, to be placed to the credit of the penitentiary as the "Penitentiary fund," which may be drawn therefrom upon the order of the warden, approved by the governor, to meet any unexpected demand

upon the management, or for necessary repairs or improve

ments.

APPROVED March 1, 1872.

AN ACT making appropriations for the State Reform School.

In force July 1, 1871.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That there be Appropriations and is hereby appropriated out of any money in the treasury of the state of Illinois, not otherwise appropriated, the following sums of money for the uses of the State Reform School, located at Pontiac, Illinois, to-wit: To pay the present indebtedness of the said State Reform School, the sum of thirty thousand and three hundred and twenty-four dollars and thirty-two cents. For the purpose of purchasing live stock and tools to be used upon the farm connected with said institution, the sum of five thousand dollars. For furnishing the building for the reception of inmates, ten thonsand dollars. For outbuildings, fences and barn, five thousand dollars. To defray the current expenses of the said reform school, there is hereby appropriated the sum of twenty five thousand dollars per annum for two years.

Auditor to draw warrant.

§ 2. The auditor of state is hereby authorized and directed to draw his warrant upon the treasurer of the state of Illinois, for the first snm above appropriated, in favor of the parties to whom the same is due, upon proper vouchers approved by the trustees, and for the other sums herein appropriated, on the order of the trustees, for the uses of the State Reform School: Provided, that no sum greater than five thousand dollars shall be drawn at one time (but not to apply to said first sum herein appropriated) And provided, Vouchers to be further, that a second warrant shall not be drawn until satisfactory vouchers shall have been approved by the governor, and filed with the auditor, showing that all sums previonsly drawn have been properly expended, and for the purpose for which the same was appropriated, which shall be verified by the affidavit of the proper person.

filled.

of late treasurer.

§ 3. The trustees of the said State Reform School are Funds in hands hereby directed and required to pay into the treasury of the state of Illinois, as fast as it is collected, the sum of fiftythree thousand six hundred and sixty-nine dollars, the same being the amount now in the hands of Jonathan Duff, late the treasurer of the said reform school.

4. This act shall take effect and be in force from and after the first day of July, 1871.

APPROVED April 15, 1871.