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7. It shall be the duty of the superintendent to make supplemental reports in writing to the board of trustees on any matter within the scope of his duties when requested to do so by the president of the board of trustees.
8. The superintendent shall, under the directors [directions of the president of said board, sell all products raised and all articles manufactured at said institution not required for use in said institution and shall keep an accurate account of all such funds and shall not expend any of such funds except upon the orders of said board approved by the Governor, a correct account shall be kept of all such expenditures.
Article 2947. The superintendent shall employ such subordinate officers, teachers and employes as may be deemed requisite and necessary to the conduct, administration and maintenance of said institution, up to the standards of efficiency and utility essential to accomplish the best results. The salaries and compensation of said superintendent and all Comptroller's warrant based on an itemized account, sworn to by the board of trustees and superintendent, and shall be paid monthly on the Comptroller's warrant based on an itemized account sworn to by the. superintendent of said institution. Said account shall contain the name and address of each person and the amount due and for what service. Provided, that no account for salary shall be presented by said superintendent until same has been fixed by said board as herein provided.
Article 2948. There shall be confined in said State Institution for the Training of Juveniles all persons now confined in the House of Correction and Reformation at Gatesville at the time this Act takes effect, and all persons who may be sentenced to a term in said House of Correction and Reformatory before this Act takes effect and their present status and terms of sentence shall not be affected by this Act; also all juveniles committed to said institution by any court within this State acting under authority of law. Provided, that all inmates sentenced to the House of Correction and Reformatory shall only be required to serve out their unexpired terms in said institution, at which time they shall be released.
Article 2919. Hereafter all male persons under the age of sixteen years who shall be convicted of a felony in any court within this State, whose term of confinement shall not exceed five years, shall be confined in the State Institution for the Training of Juveniles; provided, that the white inmates shall be kept, worked and educated entirely separate from the inmates of other races, and shall be kept apart in all respects.
Article 2950. The said board of trustees shall establish and maintain in the said institution a system of grading and promotion on a basis of moral, intellectual and industrial advancement of the inmate.
When the superintendent is satisfied that any inmate has acquired sufficient self control, moral habits and industrial efficiency, and suitable employment under a responsible, sober and moral person can be found for said inmate, he shall, with the approval of the Chairman of said board of trustees, grant said inmate a “Leave of Probation.” The said inmate may then be sent out on parole, with the condition that the person paroled and his emplover send a report at the end of each month thereafter for a period of six months, to said superintendent, stating fully the habits and demeanor of said paroled person.
If each of said reports be favorable, the superintendent, with the approval of the chairman of said board, shall grant a full release in writing to said paroled person and his term of commitment shall thereby terminate with none of his legal right impaired or abrogated.
In the event any of said monthly reports shall be deemed unfavorable, or for any reason be not sent as herein provided, and the said superintendent should for any reason become convinced before the expiration of said six months that the said paroled person should be returned to the State institution for further training or discipline, the said paroled person shall, in that event, forfeit his leave of probation, and shall be returned to said institution. If his said employers shall fail or refuse to return said paroled person to said institution, it shall be the duty of any sheriff or other peace officer, upon notice from said superintendent, to take said paroled person into custody, under the same conditions as if said person were an escaped inmate, and return him to said institution in the manner prescribed in the Act for apprehending and returning escaped inmates. No inmate of the said State Institution for the Training of Juveniles, who shall be committed to said Institution for the Training of Juveniles, who shall be committed to said institution by a judgment of a district [court) after the conviction upon a charge of felony, shall be granted a leave of probation, paroled or released before the expiration of the term for which he shall be so committed, unless same be recommended by the superintendent and a majority of the board of trustees and is approved by the Governor.
In case any such inmate convicted of a felony is granted a leave on probation, as herein provided, the procedure shall be the same as herein provided for inmates not confined on a judgment of felony. Provided, that the Governor shall, at all times, have full power to grant an unconditional pardon to or commute the sentence of any inmate committed to said institution.
Article 2951. No inmate shall be sentenced or committed to the said Institution for the Training of Juveniles for a shorter period than two years, nor for a longer period than five years. No inmate shall remain or be detained in said institution, after he has reached the age of twenty-one years.
The superintendent shall divide the inmates into such clasess and shall house, feed and train such inmates in such manner as may be provided by said board of trustees in the by-laws, rules and regulations adopted by said board as provided by this Act.
Article 2952. All inmates of said institution shall be provided with shelter, wholesome food and suitable clothing, books and other material necessary for their training at the expense of the State, except as otherwise provided by law.
Article 2953. If any inmate confined in the State Institution for the Training of Juveniles shall escape therefrom, or if on leave of probation, and is ordered returned and the emplover of said paroleil person fails or refuses to return him as provided in ihis Act, it shall he the duty of the superintendent of said institution or any officer or employee of same, or the sheriff or any peace officer, to apprehend and detain him. It shall be lawful for any person to apprehend such escaped inmate and forthwith deliver him to any sheriff or peace officer; any such escaped inmate shall be returned to said institution by any sheriff, peace or probation officer, and the costs of his return shall be paid by the county from which said inmate was sentenced, provided, if ary inmate committed to said institution on a charge of felony shall escape, the costs of his return to said institution shall be paid by the State, on warrant of Comptroller, based upon a sworn itemized statement of said expense account, approved by said superintendent. All laws and parts of laws in conflict with the provisions of this Act be and the same are hereby repealed.
SEC. 2. The fact that there is no suitable institution in the State of Texas for the care and training of delinquent juveniles creates an emergency and an imperative public necessity requiring the Constitutional rule that bills be read on three several days in each House be suspender and that this Act take effect and be in force from and after its passage, and it is so enacted.
Approved March 17, 1909.
COURT OF CRIMINAL APPEALS-RELATING TO PROPERTY
USED BY S. B. No. 300.]
CHAPTER 57. An Act to provide for the sale, disposition or removal of any and all property
of the State of Texas, which is or has been used by the Court of Criminal Appeals of the State of Texas, at Tyler and Dallas, Texas; to provide for the removal to Austin, Texas, of any of such property not so sold; to provide for the removal of any and all books, papers and records of said court, as also all disposed and undisposed of cases, now at said Tyler and Dallas, Texas, to Austin, Texas, and to make an appropriation for said purpose; to provide for compensation of the clerk of said court at Austin, and to authorize him to appoint a deputy, and to provide for the compensation of said deputy; to repeal all laws and parts of laws in conflict herewith, and to declare an emer
gency. Be it enacted by the Legislature of the State of Texas:
SECTION 1. That the bailiff of the Court of Criminal Appeals of the State of Texas be and he is hereby authorized to sell any of the property of the State of Texas, which is now, or has been used by the said court at Tyler or Dallas, Texas, such sale or sales to be approved by the presiding judge of said court, and the proceeds of such sale or sales shall be by said bailiff deposited in the State Treasury to the credit of the general fund, and said bailiff is hereby authorized and directed to remove any such property, not sold by him under the provisions of this Act, from Tyler and Dallas, Texas, to Austin, Texas, and to make such disposition of the same as may be ordered by said court; and said bailiff is hereby muthorized and directed to remove all records, books, papers and cases
disposed and undisposed of, from said places to Austin, Texas, and for the purpose of carrying out the provisions of this Act, the sum of five hundred dollars, or so much thereof as may be necessary, is hereby appropriated for said purpose, the same to be payable upon the bill or bills of said bailiff for such services when so performed, and to be approved by the presiding judge of said court, and the Comptroller of the State is hereby authorized to draw his warrant or warrants in payment of such bill or bills when so approved as aforesaid.
SEC. 2. The clerk of said court shall receive for his services the sum of twenty-five hundred dollars per year and no more, the same to be paid out of the general fund monthly, on warrants issued by the Comptroller, and said clerk shall retain no fees or other compensation for his services, but he shall collect the same fees as are now or may hereafter be allowed by law, and shall pay over the same monthly to the State Treasurer, taking his receipt therefor, and all said moneys shall be placed by said Treasurer to the credit of the general fund. Said clerk may appoint a deputy, who shall have authority to discharge all duties required by law of said clerk, and such deputy shall act in the name of his principal, and shall give bond in the same manner and amount as the clerk of said court, said bond to be approved by said court. Said deputy shall perform such duties as may be required of him by the court or clerk, and shall receive as compensation for such services the sum of two thousand dollars per annum and no more, the same to be payable monthly in the same manner as the compensation of the clerk of said court.
SEC. 3. That all laws and part of laws in conflict herewith be and the same are hereby repealed, but as to all laws and part of laws not in conflict herewith, this Act shall be deemed cumulative.
SEC. 4. Whereas, at the present Session of the Legislature, a law has been passed and approved by the Governor, locating the Court of Criminal Appeals of the State of Texas, at the City of Austin, Texas, but no provision was made therein for the removal of the records of said court to said City of Austin, Texas, from the cities of Tyler and Dallas, where said court formerly held terms of its court, nor was there any provision for the sale or disposition of any property belonging to the State, and used by the said court at said cities of Tyler and Dallas, therefore an emergency exists and an imperative public necessity that the Constitutional rule, requiring all bills to be read upon three several days be suspended, and that this Act take effect and be in force from and after its passage, and it is so enacted.
Approved March 17, 1909.
COURTS-SIXTY-THIRD JUDICIAL DISTRICT.
S. B. No. 217.]
CHAPTER 58. An Act changing and fixing the times of holding the courts in the Sixty-third
Judicial District of Texas.
Be it enacted by the Legislature of the State of Texas :
SECTION 1. That the Sixty-third Judicial District shall be composed of the counties of Jeff Davis, Presidio, Brewster, Pecos, Terrell, Val Verde, Kinney and Maverick, as now constituted, and the district courts shall be held therein as follows:
In Jeff Davis county on the first Monday in January and August, and may continue in session two weeks.
In Presidio county on the second Monday after the first Monday in January and August, and may continue in session three weeks.
In Brewster county on the fifth Monday after the first Monday in January and August, and may continue in session three weeks.
In Pecos county on the eighth Monday after the first Monday in January and August, and may continue in session two weeks.
In Terrell county on the tenth Monday after the first Monday in January and August, and may continue in session two weeks.
In Kinney county on the twelfth Monday after the first Monday in January and August, and may continue in session two weeks.
In Maverick county on the fourteenth Monday after the first Monday in January and August, and may continue in session three weeks.
In Val Verde county on the seventeenth Monday after the first Monday in January and August, and may continue in session until the business is disposed of.
SEC. 2. That all process issued or served before this Act goes into effect returnable to the district courts in the said judicial district shall be returnable to said district courts as fixed by the terms of this Act, and said process is hereby legalized and validated, and all grand and petit jurors selected and drawn under existing laws in any of said courts of the said judicial district shall be considered lawfully drawn and selected for the next term of the district courts of their respective counties held after this Act takes effect, and all appearance bonds and recognizances taken in and for said courts shall bind the parties obligated to appear at the next term of said courts held under this Act.
SEC. 3. That all laws and parts of laws in conflict with this Act shall be and the same are hereby repealed.
SEC. 4. The crowded condition of the docket in the sixty-third district, and the crowded condition of the calendar, create an emergency and an imperative public necessity for the suspension of the Constitutional rule requiring bills to be read on three several days, and this Act take effect and be in force from and after its passage, and it is so enacted.
Approved March 17, 1909.