CH. 192] LAWS OF THE THIRTY-SECOND GENERAL ASSEMBLY. receive a salary not to exceed two thousand dollars ($2000) per year and necessary traveling expenses when on official business required and designated by the board. He shall keep records and perform such duties as state. agent or otherwise, as shall be prescribed by the board. They may employ such other employes as the executive council may authorize by written resolution. SEC. 11. Appropriation. There is hereby appropriated from any funds in the state treasury not otherwise appropriated sufficient thereof to pay the salaries and expenditures herein authorized. SEC. 12. Traveling expenses-emergency trips. The secretary and other employes shall be entitled to their necessary traveling expenses by the nearest traveled and practicable routes incurred in going from Des Moines to the penitentiaries or other places in the state when on official business. No expenditure for traveling expenses to other states shall be made by the board or any officer or agent thereof unless the authority to make such trip is granted at a meeting of the board upon a written resolution adopted by the board, which shall state the purpose of such trip and the reason the same is deemed necessary. Emergency trips may be made upon written order of the chairman, which shall be reported to the board at its next meeting. SEC. 13. Itemized statement of expenditures-how approved and paid. Before any expenses or per diem of the members of the board, or any officer or agent thereof, or any expense incurred by others under the direction of the board, shall be paid, a minutely itemized statement of such expenditures shall be presented to the proper authorities, duly verified, which certification shall aver that the expense bill is just, accurate and true, and is claimed for cash expenditures or cash disbursements truly and actually paid and made to the parties named as shown by said statement herein. Unless the said statement is so verified and duly audited, payment thereof shall not be made. The expense bills of the members of the board, the secretary and its other employes, when so verified, shall be presented to the executive council for their written audit before payment is made. The salaries and actual expenses of the board, the secretary and other employes, shall be paid monthly by the treasurer of the state upon the warrant of the auditor of state. SEC. 14. Rules and regulations governing paroles. The board of parole shall have power to establish rules and regulations under which it may allow prisoners within the penitentiaries other than prisoners serving life terms to go upon parole outside of the penitentiary buildings, enclosures and appurtenances, but to remain while on parole in the legal custody of the wardens of the penitentiaries and under the control of the said board of parole and subject, at any time, to be taken back and confined within the penitentiary; and the board shall have full power to enforce such rules and regulations and to retake and re-imprison any such paroled convict. The order of said board certified by its secretary shall be a sufficient warrant for any peace officer to arrest and take into actual custody or to return to the penitentiary specified in the order any prisoner conditionally released or paroled by said board; and it is hereby made the duty of all peace officers to execute such order the same as any other criminal process and they shall receive the same fees as sheriffs for like services, the same to be paid out of the appropriation made herein, but no person shall be released on parole before the expiration of the maximum term provided by law for the punishment of the crime of which he was convicted until the board of parole shall have satisfactory evidence that arrangements have been made for his employment or maintenance for at least six months. The time when a prisoner is upon parole or absent from the penitentiary shall not be held to apply upon his sentence if he shall violate the terms of his parole. LAWS OF THE THIRTY-SECOND GENERAL ASSEMBLY. [CH. 192 SEC. 142. Inquiry relative to pardon or parole. The board of parole may institute any inquiry it may deem expedient in regard to any prisoner or application for pardon, final discharge or parole; but said board shall not receive, unsolicited by them, any petition or communication or argument in regard to said application, unless provided for in their adopted rules. SEC. 15. Board of parole to recommend pardon. It shall be the duty of the board of parole to keep in communication, so far as possible, with all persons who are on parole and when, in their opinion, any prisoner who has served not less than twelve months of his parole acceptably, has given such evidence as is deemed reliable and trustworthy that he is and will continue to be a law-abiding citizen and that his final release is not incompatible with the welfare of society; and when the said board of parole shall have procured, as far as possible, all facts relating to the history of such paroled prisoner, both before and after his confinement and parole, and his record while detained, the board of parole shall recommend to the governor the discharge of such prisoner from further liability under his sentence. Said recommendation shall be entered on a proper record, kept by said board for that purpose, and a certified copy of the order of discharge, when made, by the governor, shall be filed with the clerk of the court in which said prisoner was sentenced to the penitentiary. All papers and documents relating to the pardon of any person shall, upon the granting of such pardon, become a part of the files of the governor's office. SEC. 16. Power of governor to grant reprieves, pardons or commutations not impaired. Nothing in this act contained shall be construed as impairing the power of the governor under the constitution, to grant a reprieve, pardons or commutations of sentence in any case. SEC. 17. Clothing, money and transportation furnished paroled prisoners. Upon the release of any prisoner upon parole, he shall be furnished with clothing and money as provided in section fifty-six hundred eighty-four (5684) of the code and transportation to his place of employment, provided that no further allowance shall be made if final discharge is granted while on parole. SEC. 18. Investigation of applications for pardon. It shall be the duty of the board of parole, under the direction of the governor, to take charge of all correspondence in reference to the pardon of persons convicted of crimes and to carefully investigate each application, and to file its recommendation with the governor with its reasons for the same. SEC. 19. Repealed. All acts and parts of acts which are in conflict with this act are hereby repealed in so far as they shall apply to persons convicted of crime committed after the fourth day of July, 1907. This act shall not operate, however, to repeal any of the laws now in force, in so far as they may relate to persons that have heretofore been convicted of a crime under the laws of the state of Iowa, or to any persons that shall hereafter be convicted of a crime committed on or before the 4th day of July, 1907, and the rights under the law of all prisoners that are now or hereafter may be committed to the penitentiary for crimes committed on or prior to the 4th day of July, 1907, are expressly preserved to them. This act shall not operate in any way to repeal any laws that refer to the sentence of persons hereafter convicted of murder in the first or second degree, or treason. SEC. 20. Duty of clerk of district court and county attorney. It shall be the duty of the clerk of any court in which a prisoner shall be sentenced to the penitentiary, to furnish the board of parole a record containing a copy of the indictment with the minutes of testimony attached thereto; and the name and residence of the judge presiding at the trial and of the county attorney who prosecuted the prisoner: also the jurors and the witnesses sworn at the trial. The county attorney who prosecuted said prisoner and CH. 194] LAWS OF THE THIRTY-SECOND GENERAL ASSEMBLY. the presiding judge, shall, when requested by the board of parole, furnish to it a full statement of all the facts and circumstances connected with the commission of the crime of which the prisoner is convicted, so far as known or believed by them. SEC. 21. Employment for paroled prisoners-duty of public officers. The board of parole may render such assistance as may be deemed necessary to the success of parole system, in the procuring of employment with trustworthy employers for prisoners about to be paroled; and necessary expenses incident thereto, not already provided for, shall be paid as other expenses of the board. It is hereby made the duty of every public officer to whom inquiry may be addressed by the board of parole concerning any prisoner to give said board all information possessed or accessible to him which may throw light upon the question of the fitness of said prisoner to receive the benefits of parole. SEC. 22. In effect. This act, being deemed of immediate importance, shall take effect and be in force from and after its publication in the Register and Leader and Des Moines Capital, newspapers published in Des Moines, Iowa. Approved April 2, A. D. 1907. I hereby certify that the foregoing act was published in the Register and Leader and Des Moines Capital, April 3, 1907. W. C. HAYWARD, Secretary of State. CHAPTER 193. PLACE OF CONFINEMENT OF FEMALE CONVICTS. S. F. 371. AN ACT fixing the place of confinement of females who are convicted of felonies and sentenced to confinement in the penitentiary. [Additional to chapter two (2) of title twenty-six (XXVI) of the code, relating to penitentiaries.] Be it enacted by the General Assembly of the State of Iowa: SECTION 1. Female convicts to be confined in reformatory. Any female heretofore or hereafter convicted of a felony and sentenced to confinement in the penitentiary shall be kept in the reformatory at Anamosa. Approved April 13, A. D. 1907. CHAPTER 194. EMPLOYMENT OF CONVICT LABOR. S. F. 328. AN ACT authorizing the employment of convict labor in the care of the state's property and for other purposes. [Additional to chapter two (2) of title twenty-six (XXVI) of the code, relating to penitentiaries.] Be it enacted by the General Assembly of the State of Iowa: SECTION 1. Convict labor-how employed. Convict labor may be used in caring for the houses and premises, occupied by the wardens of the penitentiaries, and for such domestic purposes as may be deemed necessary; provided, however, that nothing be done inconsistent with prison discipline and that not more than two convicts shall be thus used at any one time. LAWS OF THE THIRTY-SECOND GENERAL ASSEMBLY. [CH. 196 SEC. 2. In effect. This act, being deemed of immediate importance, shall take effect and be in force from and after its publication in the Register and Leader and Des Moines Daily News, newspapers published in Des Moines. Approved April 10, A. D. 1907. I hereby certify that the foregoing act was published in the Des Moines Daily News, April 17, 1907, and the Register and Leader, April 18, 1907. W. C. HAYWARD, CHAPTER 195. ANNUAL VACATIONS FOR OFFICERS AND GUARDS OF THE PENITENTIARIES. H. F. 352. AN ACT to grant officers and guards at the penitentiaries at Anamosa and Fort Madison an annual vacation of fifteen days with pay. [Additional to chapter two (2) of title twenty-six (XXVI) of the code, relating to penitentiaries.] Be it enacted by the General Assembly of the State of Iowa: SECTION 1. Wardens authorized to grant vacations with pay. It shall be the duty of the wardens of the penitentiaries at Anamosa and Fort Madison to grant a fifteen days' vacation with pay, each year, to all officers and guards working under said wardens: provided, that said officer or guard shall have been continuously employed at said penitentiary for a period of one year before he shall be entitled to the provisions of this act. SEC. 2. Vacations granted upon application-when. The warden of each penitentiary shall grant the vacation contemplated herein to those officers and guards employed at the institution of which he is in charge, upon said officers and guards making application therefor, and at such times and under such circumstances as will not interfere with the discipline, conduct and management of the penitentiary. Approved April 4, A. D. 1907. CHAPTER 196. MEANDERED LAKES AND LAKE BEDS. S. F. 278. AN ACT to amend section one (1) of chapter one hundred and eighty-six (186), laws of the Thirtieth General Assembly, relating to lakes and lake beds. Be it enacted by the General Assembly of the State of Iowa: SECTION 1. Construction and maintenance of canals between lakes. That section one (1) of chapter one hundred and eighty-six (186), laws of the Thirtieth General Assembly, be and the same is hereby amended by adding at the end of said section, the following: "And to grant authority to construct, equip and maintain canals between any of such lakes so maintained, where the public convenience requires it, said grant to be for such time and upon such terms as it may determine. SEC. 2. In effect. This act, being deemed of immediate importance, shall be in force and take effect from and after its publication in the Register and Сн. 197] LAWS OF THE THIRTY-SECOND GENERAL ASSEMBLY. Leader and the Des Moines Daily News, newspapers published in the city of Des Moines, Iowa, without expense to the state. Approved April 4, A. D. 1907. I hereby certify that the foregoing act was published in the Register and Leader and Des Moines Daily News, April 5, 1907. W. C. HAYWARD, CHAPTER 197. MEANDERED LAKES AND LAKE BEDS. H. F. 179. AN ACT to amend chapter one hundred and eighty-six (186) of the laws of the Thirtieth General Assembly, relating to meandered lake beds, and enlarging the meaning of "a bona fide purchaser", under section seven of said act. Be it enacted by the General Assembly of the State of Iowa: SECTION 1. Grantee of county deemed bona fide purchaser. That section seven of chapter 186 of the laws of the Thirtieth General Assembly be amended by adding at the end of said section seven, the following: "Any person or corporation to whom any county of this state has heretofore conveyed or attempted to convey any lake or lake-bed in aid of, or because of the construction of any work of internal improvement, and which improvement was in fact constructed, shall be considered a bona fide purchaser who has paid to the county the reasonable value of such lake or lakebed within the meaning of this section, although in describing the said lake or lake-bed in such conveyance apt words of description were not used and the said lake or lake-bed was described as an unsurveyed portion of a numbered section of land, this amendment shall be operative notwithstanding any proceedings heretofore had under this chapter, provided an actual sale of said lake, or lake-bed involved, has not been made by the executive council prior to the passage of this act." SEC. 2. In effect. This act, being deemed of immediate importance, shall take effect and be in force from and after its publication in the Register and Leader, and in the Des Moines Capital, newspapers published at the city of Des Moines, Iowa. Approved February 28, A. D. 1907. I hereby certify that the foreging act was published in the Register and Leader and the Des Moines Daily Capital, March 2, 1907. W. C. HAYWARD, |