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such action as may be necessary to correct and prevent a recurrence of the same.

When it is found that any assistant superintendent, inspector, chaplain, physician or lessee has been guilty of any serious official or other improper conduct, he shall report the facts thereof to the governor and penitentiary board for their action. Any officer of the penitentiary, under-officer, lessee or convict has a right, and it shall be his duty to report to the governor any official misconduct of the superintendent, or any cause of complaint whatever against him.

Sec. 13. The superintendent, in the discharge of his duties, is authorized to administer oaths, to summon and examine witnesses, and to take such other steps as he may deem necessary to ascertain the truth in respect to any matter about which he has a right to inquire. He shall examine and audit all accounts connected with the penitentiary in which the State sought to be charged, and administer oaths to all parties presenting claims, and, to authenticate his acts, may use the seal of either penitentiary; provided, he shall not approve any claim for the transportation of convicts to the penitentiary, unless the same be sworn to and accompanied by the proper commitment papers, and unless satisfied that all the prerequisites of the law have been complied with.

Sec. 14. He shall make a monthly report to the governor, as president of the penitentiary board, showing fully the condition and treatment of the convicts, and the changes in the prison population during the month. He shall at the time furnish to the governor, to the comptroller and to the lessees a statement showing the amount due the State on account of the leasing of the penitentiaries or hire of convict labor. He shall, from time to time, make such suggestions to the penitentiary board as he may deem advisable relative to any improvements or changes in the plans of the penitentiaries or management. It shall be his duty, on or before the first day of November next preceding the regular session of the Legislature, to make a report to the governor, as president of the penitentiary board, in regard to the government, discipline, condition and manage. ment of the penitentiaries and convicts, showing the changes in prison population, the places where convicts are employed and occupations in which engaged, their moral, intellectual and physical condition, and such other matters as may seem pertinent or as may be required by the rules, the governor, or penitentiary board.

SEC. 15. The superintendent shall keep the records of all matters pertaining to the penitentiaries generally, and shall keep a register of all convicts belonging to the penitentiaries, whether within or without the walls of the penitentiaries, showing the registered number and name of each convict, giving aliases if any, age, height, complexion, color of hair and eyes, marks on person, sex, nativity, residence, county where convicted, date of sentence, date of receipt, previous occupation and habits, if known. He shall keep, as far as practicable, a record of the general condition and conduct of each convict, noting all punishments, forfeitures for bad conduct, changes and incidents of importance that may occur during his confinement, and to the end that full and correct records may be kept, he may require from all officers such monthly and other reports as he may deem proper. He shall issue discharges to such convicts as are entitled thereto by expiration of term or otherwise.

Sec. 16. During the absence of the superintendent from his office, he may designate some proper person to perform his clerical duties.

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ASSISTANT SUPERINTENDENT. Sec. 17. The governor shall appoint, by and with the advice and consent of the Senate, an assistant superintendent for each penitentiary now or hereafter to be established or organized, who shall hold his office for the term of two years, and until the appointment and qualification of his successor. In case of a vacancy in said office, the same to be filled by executive appointment for unexpired term; provided, that the governor shall make no appointment to said office until such time as the penitentiary board may deem that there is a necessity therefor.

SEC. 18. The assistant superintendent shall have the immediate supervision and control over the penitentiary for which he is appointed, and over all convicts confined therein, and over all officers, overseers and guards and employes connected therewith. He shall be responsible for the discipline of the prison, and the manner in which it is enforced. He shall appoint the under-officers, overseers and guards of the prison, subject to the approval of the superintendent, and may remove the same; provided, that when the penitentiary is leased his control shall not extend to the labor of the convicts, except as berein prescribed; nor shall he exercise his power of appointment when the terms of the lease require the lessees to appoint, though he may discharge any under-officer or employe for misconduct or failure to perform duty.

SEC. 19. An assistant superintendent shall have such powers as are necessary for a proper discharge of his duties, subject only to the law and the instructions of the superintendent and penitentiary board. He shall, if practicable, reside within the penitentiary, and shall not absent himself therefrom unless upon business connected with the duties of his office, or with the permission of the superintendent or governor. During his absence the under-keeper shall act in his stead.

SEC. 20. The assistant superintendent shall visit, frequently, the prison hospital, the cells, shops and other places in and near the penitentiary where the convicts may be, and shall see that they are humanely and properly treated, and shall give prompt attention to all complaints made by a convict in regard to his health, general condition, treatment, or against any officer, employee or lessee of the penitentiary; he shall see that the convicts are properly clothed, fed and taken care of in sickness and health; that the prison buildings, cells, shops and premises are kept in a neat, clean and healthy condition, and he shall frequently, at suitable times, converse in a kindly manner with the convicts under his charge, and use his best endeavors to produce in them a spirit of reformation.

Sec. 21. The assistant superintendent shall keep the records of the penitentiary of which he has charge, similar to those heretofore required to be kept by the superintendent. He shall keep a record of the conduct of each convict under his charge, noting all punishments and charges of misconduct. He shall, on the first of each month, make a report to the superintendent, on blanks to be furnished him, the number, names and description of all new convicts received by him during preceding month, with other changes in prison population; the names of those who have been sick, and the names of those punished, or whose conduct has been

He shall make such other reports as required by the rules, the superintendent or the governor. He shall make such biennial reports as may be required, to the superintendent, to be forwarded by him to the governor.

SEC. 22. He shall receive and receipt for all convicts that may be Frought to the penitentiary, in accordance with law. lle shall examine

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and pass upon all accounts connected with the penitentiary under his charge, before submitting them to the superintendent for his approval. He must require all accounts to be sworn to; and he is authorized to administer oaths in all matters connected with the penitentiary and its management, and to all parties presenting claims as above mentioned, and for this purpose he shall be provided with a seal of office, whereon shall be engraved in the center a star of five points, and the words “State Penitentiary,

Texas,” around the margin, the blank tu be filled with the name of the place where the penitentiary is located, with which seal he shall authenticate all his official acts. SEC. 23.

He shall perform such other duties as may at any time be prescribed by the rules of the penitentiary board.

INSPECTORS AND THEIR DUTIES.

Sec. 24. The governor shall appoint, by and with the advice and consent of the Senate when in session, two officers, to be styled “Inspectors of Penitentiaries,” who shall hold office for the derm of two years, and until the appointment and qualification of their successors; provided, that one or both the inspectors, who may at any time be appointed, may be discontinued when, in the opinion of the penitentiary board, the duties required are not sufficient to require the services of one or both of them.

SEC. 25. Inspectors have the immediate supervision of convicts and officers in charge of them at camps and other places outside the walls of the penitentiaries. It shall be the duty of the superintendent, with the assistance of the inspectors, to divide the convict camps, or places where convicts may be employed outside the walls, into two divisions, and assign one inspector to each division, but they may exchange work or divisions with each other at pleasure.

Sec. 26. The superintendent shall, from time to time, furnish the inspectors with a list of the convicts in each force in their respective divisions. Each inspector shall visit, at least once in each month, or oftener if required by the superintendent or penitentiary board, each convict

camp or place of employment. He shall see that the convicts charged to each force are on hand, and if not, he must inquire and report

the cause of absence.

When a convict has died, he shall investigate into the cause of his death, and what nursing and medical attention were given him when sick. If a convict has escaped, he shall investigate fully, so as to fix the blame, if any, where it properly belongs. He shall make strict inquiry as to the treatment of convicts at outside and as to whether the law and the rules are substantially complied with in their guarding, clothing, feeding and work; also as to whether the prison is secure, comfortable and kept clean. He shall specially notice the punishments inflicted, and whether legal and necessary.

SEC. 27. The inspection of each camp or force shall be through and searching, and the inspector shall examine into all complaints preferred by a convict, officer or others, and if there be any ground for complaint, be shall take immediate measures for the correction of the abuse. For purpose,

other connected with the management of outside convict forces, he is authorized to administer oaths, sumu ons and examine witnesses, and take such other steps as he may deem necessary, to ascertain the truth. In case of illegal punishment, cruelty or abuse of a convict by any person, he may take such action as may be proper and necessary to bring the offender to justice.

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SEC. 28. The inspector shall report to the superintendent, once in each month, showing the management, condition, discipline and treatment of convicts in his division; how they have been fed and clothed during the month, and shall report the names and number of convicts who have escaped or died, the number sick, illegal punishments and abuses, and and all other matters about which he has a right to inquire. They shall make such other reports as may be required.

SEC. 29. The inspector has the right to remove any under-officer in charge of convicts in his division, for incompetency, violation of law or failure to discharge his duty.

Sec. 30. The authority herein given to inspectors shall be exercised in conformity with law, and such regulations as may be established by the penitentiary board, and then only in correcting abuses and removing complaints, where convicts are employed outside the prison walls.

SEC. 31. The present assistant superintendents may be continued by the governor as inspectors without making new appointments.

THE PHYSICIAN AND HIS DUTIES.

SEC. 32. The penitentiary board shall appoint for each penitentiary, when organized, a physician, who shall hold his office for two years, unless sooner removed by said board, and perform such duties as may be required by the board in addition hereto.

SEC. 33. The physician shall visit the penitentiary daily, and as much oftener as may be necessary, for the purpose of ascertaining the health of the convicts and giving proper medical attention to such as may require it. He shall attend immediately upon any case of sickness in the prison, when notified thereof, and he shall, when required, examine any convict as to his physical ability to perform work at which it is proposed to place him, and report result to the assistant superintendent.

SEC. 34. He shall notify the assistant superintendent when, on account of ill health, it may be deemed advisable to remove a convict from the penitentiary to some healthier locality, and he shall cause any convict with a contagious or infectious disease to be removed to some place to prevent the spread of such disease.

SEC. 35. Nurses may be employed by the physician, with the approval of the assistant superintendent, in serious cases of sickness or epidemics.

Sec. 36. A convict afflicted with serious illness or dangerous disease, shall not, in such condition, be discharged from the penitentiary, except upon his own request, although his time of imprisonment may have expired.

SEC. 37. He is specially charged with the sanitary regulations of the penitentiary, and shall make frequent inspections and use all precautions to keep the prison healthy, and prevent the introduction and spread of epidemic or contagious diseases.

SEC. 38. The physician shall keep a journal in which he shall enter the name of each convict treated by him or under his direction, noting duration of sickness, disease, treatment, date of discharge from hospital, or treatment, with such other entries as he may deem important, which journal shall, at all times, be open to the inspection of the assistant superintendent and the superintendent.

SEC. 39. He shall make such reports as required by the governor, penitentiary board, or superintendent. He shall make a biennial report to accompany that of the assistant superintendent, in which he shall state the number of cases of sickness during the two preceding years, diseases, number of deaths and diseases with which they died, the number and character of surgical operations performed, such suggestions as he may deem important to the improvement of the sanitary condition of the prison; also any facts or incidents that he may deem of general interest or of benefit to science.

THE CHAPLAIN AND HIS DUTIES.

Sec. 40. The penitentiary board shall appoint a chaplain for each penitentiary, when organized, who shall hold his office for two years, unless sooner removed by them.

Sec. 41. The chaplain shall preach at least once every Sunday to the convicts, and shall establish such associations, Sabbath schools and other, schools for the benefit of the convicts, as he may deem proper, having due regard to the rules of the prison and being careful not to conflict in any manner with the discipline of the prison and the regular hours for labor.

SEC. 42. He may, at convenient times, visit convicts during their hours of license, during week days, and also in the hospital and at their cells, and administer to all such advice and consolation as he may deem best calculated to promote reformation. He must, at all times, impress upon them the necessity of a strict compliance with prison rules. He must use his best endeavors on all occasions to inculcate in them sound principles of religion and morality, but he shall not, in his conversations or discourses, discuss doctrines merely sectarian, but shall teach such principles of religion and morality as are common to all christian churches.

Sec. 43. By permission of physician, he may visit sick convicts, and shall always be admitted to the beside of any convict in a dying condition.

Sec. 44. Preachers, ministers and priests of all religious denominations shall, by the consent of the superintendent, assistant superintendent or chaplain, have access to the pénitentiaries, and may at any seasonable time be allowed to preach to the convicts. A convict shall, at all proper times, be permitted to receive visits from, and hold converse with any preacher, minister or priest he may desire to see.

SEC. 45. The chaplain shall be ex-officio librarian of the penitentiary, and perform such other duties not herein prescribed, as the rules may require.

THE UNDER OFFICERS AND EMPLOYES.

Sec. 46. The assistant superintendent of each penitentiary shall appoint, with the approval of the superintendent, such number of underofficers as may be necessary to preserve discipline and prevent escapes; provided, no person under twenty-one years of age shall be employed as a guard; and provided, that during the present lease the lessees have the right under their contract to appoint under-officers and guards, but subject to removal by the superintendent, assistant superintendent or inspectors, for inefficiency or misconduct.

Sec. 47. All under-officers and employés shall be subject to the orders of the assistant superintendent, and shall, in all things, comply with his directions. Any complaint of ill treatment toward them on his part may be made to the superintendent, who shall inquire into the same and take such action as the facts may seem to demand.

When the penitentiaries are being operated on State account the superintendent, under the direction of the State board, may employ

SEC. 48.

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