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STATE INSTITUTIONS GOVERNED BY THE BOARD OF CONTROL

     The first territorial act concerning the penitentiary, after the adoption of the criminal code of Iowa in 1855, was that approved January 22, 1856, naming a board of commissioners to locate a penitentiary within one mile of the public square in Tekamah, Burt county. An act approved February 13, 1857, named a new set of commissioners to locate the institution. The legislature of 1859, as a part of the criminal code, provided that convicts should be kept in county jails until a territorial penitentiary should be erected. An act approved January 6, 1860, authorized the territorial governor to "contract with the proper authorities of any of the states of the Union having a penitentiary or state prison, for the confinement of Nebraska convicts." In joint resolutions approved January 7, 1860, and January 4, 1861, the legislature memorialized congress for an appropriation to build a penitentiary at or near Bellevue, Sarpy county. Again in a joint resolution the legislature made this petition, asking for $40,000. Another petition for the appropriation for a penitentiary in the territory, without reference to location, was approved February 12, 1864. This petition asked for $100,000.

     The criminal code of 1866 provided for the confinement of convicts in the county jails of the territory, and an act approved February 18, 1867, made an appropriation of $3,000 for the support of the territorial convicts, the jailers not to receive more than fifty cents a day for boarding each prisoner. In his message of January 8, 1869, Governor Butler stated that prisoners were in county jails, and that a penitentiary was very much needed.

     On March 3, 1870, a joint resolution of the legislature created a joint committee to draft a bill providing for the "immediate concentration, care and keeping of the state convicts." On the following day, March 4, 1870, a bill providing for the erection of a penitentiary at or near Lincoln was approved. A board of three inspectors elected by the legislature had the management of the penitentiary, the warden, only, being appointed by the governor. The state received grants of land amounting to 32,000 acres from the United States for a penitentiary, and the inspectors were directed to sell the lands and place the funds so derived in the treasury.

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     The contract for the permanent buildings was let on June 13, 1870, to Stout and Jamison, who employed the prisoners at forty-two cents a day each. The buildings were erected on land which Judge Hilton and W. T. Donovan donated to the state for that purpose. An act approved March 9, 1871, made further provisions concerning the sale of the lands, and the extension of the contractor's limit for the completion of the building. An act of March 9, 1871, granted prisoners a deduction from the time of sentence for good behavior.

     On March 20, 1871, it was provided that the "rents and revenues and profits derived from the leasing of the penitentiary shops, grounds and convict labor * * * shall be paid into the state treasury and shall be held by the treasurer for the care and support of the prisoners."

     The legislature of 1873, through a special committee of the house, investigated the penitentiary and failed to find any serious criticism of the contractor's work. An act approved February 24, 1873, levied a tax of one-half mill on the grand assessment roll of the state for 1873 and 1874 for the penitentiary building fund. A supplemental act made a one mill levy for the years 1875 and 1876. An act of February 19, 1877, transferred the balance remaining in this fund to the sinking fund.

     The constitution of 1875 placed the penitentiary under the control of the board of public lands and buildings. On October 1, 1877, this board entered into a six-year contract with W. H. B. Stout, who was to pay all the "expense necessarily incurred in' the maintenance of the prison, including the board and clothing of the convicts, and the salaries of all the officers and guards," for-which be received from the state the labor of the convicts and sixty cents a day per capita for each convict for two years, and fifty-five cents and fifty cents a day per capita, respectively, for the succeeding terms of two years each. By an act approved February 26, 1879, this contract was extended for an additional six "years from October 1, 1883, provided the contractor should build a cell-house of specified size and quality, and should receive only forty-five cents in cash, or its equivalent, a day for each convict for the first three years of the extended lease, and forty cents a day for each convict for the second three years of this lease, and provided that, after the first day of January, 1880, there should be one cell for each and every Nebraska prisoner, and that after January 1, 1884, only Nebraska prisoners should be kept at the penitentiary. The legislature of 1883 passed,

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     The legislature of 1887 extended the lessee's contract for ten years from October 1, 1889. W. H. B. Stout had assigned and transferred his contract to C. W. Mosher. It was stipulated that Mosher was to receive forty cents a day cash, for each convict, in full compensation. The employment of convicts in the manufacture of cigars, brick, or the cutting of stone except for use of the penitentiary, was forbidden.

     A special investigating committee of the legislature of 1895 strongly advocated the abolition of the contract with the lessee. Accordingly, an "act to annul a contract between the state of Nebraska and W. H. Dorgan, alleged assignee of C. W. Mosher," was approved April. 11, 1895. The entire appropriation of $35,000 was exhausted in the culmination of this annulment. In spite of this legislative action, the board of public lands and buildings proceeded to make another contract over the protest of Governor Holcomb, who caused the matter to be submitted to the supreme court. The court decided that the board had exceeded its authority and that the attempt to lease the prison and the labor of the convicts was illegal. The legislature of 1897 passed a general act governing the penitentiary, which made it the duty of the warden, subject to the approval of the governor and the board of public lands and, buildings, to provide employment for convicts and to contract out the labor of such as he had no employment for.

     In general, the industries maintained by the subcontractors in the penitentiary have been the making of buttons, brooms, trunks, barrels, chairs, machinery and harness.

     By an act approved April 13, 1915, the board of control was empowered and required to "provide labor for the prisoners and keep them employed as far as possible for the greatest profit to the state and the general welfare and health of the prisoners." Services of prisoners may be let to counties, cities, villages, and other state institutions within the state, but not to any individual, firm or corporation within or without the peniteniary unless it is otherwise impossible for the board to keep all the prisoners busy. The only commercial enterprise now being carried on within the penitentiary is the manufacture of handcraft furniture and shirts. Prisoners have been employed at road making in various parts of the state but the practice has been discontinued. The penitentiary farm employs many of the prisoners. The law provides for the payment of wages to prisoners.

     The legislature of 1893 empowered the governor to parole prisoners. The legislature of 1911 created the prison board to handle the paroling of convicts. An appropriation was made by the legislature of 1913, to build a reformatory to which certain classes of convicted persons are to be sent, but the board of control considered the establishment of such an institution unnecessary. The legislature of 1921 again appropriated funds for the establishment of a reformatory for men and boys. This has been established southwest of Lincoln. The

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     A constitutional amendment of November, 1912, vested the government of the penitentiary in the board of control of state institutions. Another amendment adopted September 21, 1920, lodged the power of pardon and parole in a board consisting of the governor, attorney general and secretary of state.

     The penitentiary is located three miles south of Lincoln, on a farm of 397 acres of cultivated land. This land is valued at $79,800, and the buildings at $341,349. On June 30, 1926, there were seventy-one officers and employees. The average number of inmates for the year 1925-1926 was 654, as compared with 624 for the previous year. The per capita cost per inmate was $305.76 for the year. During the current biennium $13,000 were spent for repairs, and a new building costing $31,275.18 erected.

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     The Nebraska territorial assembly by legislative act approved February 13, 1865, authorized the governor "to make arrangements with the proper authorities of the state of Iowa for the admission of the territory's insane into the Iowa hospital for the insane." The territory paid the expense if the insane persons or their natural guardians were unable to do so. Arrangements were made with Iowa, and nine of Nebraska's insane admitted to the asylum located at Mount Pleasant, in 1865. Nebraska continued to send her insane there until July, 1870. At this time the asylum at Mount Pleasant was unable to further care for Nebraska's insane. Nebraska's governor was forced to move six of the incurable patients and confine them in the Pawnee county jail until the asylum at Lincoln was completed. The legislature of 1869 appropriated $50,000 from the amount received from the sale of lots in the townsite of Lincoln for the erection of an insane asylum. On Novem-

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     Until 1891, the expenses of caring for the insane in the various institutions of the state were borne by the relatives of the patients or by the counties. By legislative act of 1891 the state assumed the entire expense of caring for the insane in state institutions.

     The hospital for the-insane at Norfolk was established by an act approved March 4, 1885, $75,000 being appropriated for the erection of a building. This institution was established there upon the condition that the city of Norfolk should donate 320 acres of land, which it did. On the morning of September 23, 1901, the entire main ward building was destroyed by fire, 160 patients were immediately transferred to Lincoln and Hastings and on December 6, 1901, the remainder of the patients were likewise transferred. The legislature of 1903 appropriated $100,000 to restore the damaged building.

     The state hospital for the insane at Ingleside, near Hastings, was established by an act approved March 30, 1887, and $75,000 appropriated for buildings. The establishment and appropriation were conditioned upon the donation by the city of Hastings of not less than 160 acres of good, land. This condition the city met. The purpose of this institution originally was to take the more chronic and incurable insane, thus relieving the institutions at Lincoln and Norfolk of this class. The legislature, by act approved April 11, 1903, appropriated $15,000 for the purchase of 320 acres of land.

     The legislature of 1907 amended the law so as to strike the word "incurable" from the name of the Hastings institution, and the board of public lands and buildings divided the state into three hospital districts.

     Dipsomaniacs are cared for at the Lincoln hospital.

     The Lincoln state hospital is on a farm of 640 acres, three miles southwest of Lincoln. The land is valued at $128,000 and the buildings at $902,650. At the date of the last annual report (June 30, 1926), there were 149 officers and employees. The average number of inmates for the year was 1063, and the per capita cost of maintenance for the year was $235.32. New buildings, improvements and repairs in 1924-26 have cost $145,110.30.

     The Norfolk hospital is on a farm of 455 acres, valued at $74,000. The buildings are valued at $680,450. The number of officers and employees on June 30, 1926, was 91, and the average number of in

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     The Hastings state hospital is at Ingleside, several miles west of Hastings, on a farm of 623 acres, which are valued at $116,812. The buildings are valued at $1,084,600. The officers and employees numbered 165 on June 30, 1926. The average number of inmates for the year was 1,329 at a per capita expense of $225.48. During the current biennium repairs and improvements have cost $71,310.21.

     By an act approved February 12, 1866, the legislature authorized and required the governor to make proper arrangements with the state of Iowa, or some other state, looking to the education of all deaf mutes and blind children between the ages of 12 and 20 years. One individual only seems to have profited by this act (see governor's message, January

      By an act approved February 7, 1867, the legislature incorporated an institute for the deaf and dumb, naming six individuals as directors. This board was to make proper provision for the care of the deaf and dumb in the state. The act located the institution at Omaha, or within three miles of the court house, and authorized the board of directors to purchase sufficient land, not to exceed fifty acres, and to erect the necessary buildings. An appropriation of $6,000 was made therefor, also $600 was set aside for care of deaf and dumb. A further act approved June 5, 1871, authorized this board of directors to 64 erect upon grounds near the city of Omaha, donated to the institute for that purpose, a building to be used as an institute for the deaf and dumb," and an appropriation of $15,000 made therefor.

     The name of this institution was changed by an act of the legislature of 1909 from "Institute for the deaf and dumb" to "Nebraska school for the deaf."

     "All deaf and dumb residents of the state, and those deaf to such an extent that they cannot acquire an education in the common schools of the state, of suitable age and capacity and of good moral character, shall be entitled to an education in the institute for the deaf and dumb without charge."

     The school is situated on a tract of 23 acres of land, valued at $77,500. The buildings are valued at $280,850. The officers and employees numbered 51 at the date of the last report, June 30, 1926. The average number of pupils during the past year was 178, main-

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tained at a per capita cost of $327.24. Improvements made during the biennium amount to $9,880.74.

     The institute for the blind was established at Nebraska City by an act of the legislature approved February 19, 1875. The citizens of Nebraska City were to raise $4,000 and turn the amount over to the board of trustees. The institute was located on ten acres of land and within one mile of the court house of the city. The legislature of 1897 placed the institute for the blind and the Nebraska school for the deaf under one governing board.

     This institution has been defined by statute and by a court decision (43 Neb. 184) to be an educational institution, not an asylum.

     The statute provides that "all blind persons and those blind to such an extent that they cannot acquire an education in the common schools of the state, of suitable age and capacity and of good moral character, shall be entitled to an education in the institution for the blind without charge."

     The ten acres of campus are valued at $3,650, and the buildings at $131,470. There were twenty-five officers and employees, and an average number of forty-eight pupils last year, with a per capita expenditure of $460.62. Improvements costing $6,521 were made during the past year.

     The institution for feeble-minded 'youth was established at Beatrice by act of the legislature approved March 5, 1885. An appropriation of $50,000 was made at the same time for the erection of proper buildings. The city of Beatrice donated forty acres of land to the state. The act authorized the levying of an annual tax of one-eighth of one mill on the dollar for the support of the institution. The legislature of 1887 did not continue this tax, but adopted the method of appropriating from the general fund for the support of this institution.

     Parents or guardians, if able, are expected to furnish transportation, clothing and incidentals for the children committed to this institution, and counties are required to furnish for indigent or dependent children, clothing, transportation and $40 annually. Originally only feeble-minded youth between the ages of five and eighteen years were

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     The state industrial school for boys was established at Kearney by act of the legislature approved February 27, 1879. To obtain this institution the citizens of Kearney were required to donate not less than 320 acres of good arable land. The original name of this school was "Nebraska state reform school for juvenile offenders." The original act provided for the care and instruction of both girls and boys. By an act approved March 31, 1887, the name of this school was changed to "State industrial school for juvenile offenders," and still provided for the commitment of both boys and girls. On March 4, 1891, a legislative act was approved calling for the establishment of a Girls' industrial school for juvenile delinquents" at Geneva. This new school was ready for occupancy March 14, 1892, at which time the 57 girls in the school at Kearney were transferred to Geneva, Kearney becoming from that date on a school for boys only. The legislature of 1923 changed the name to "Girls' training school."

     The Kearney institution owns 602 acres of land valued at $108,000, with buildings valued at $213,800. There were thirty-eight officers and employees, with an average number of 228 boys last year. The per capita maintenance cost for the year was $346.08. Improvements costing $13,047.33 were made during the year.

      The Geneva institution owns seventy acres of land valued at $14,000. The buildings are valued at $160,000. There were twenty-one officers and employees and an average number of 221 inmates last year. The per capita cost for the year was $270.72. Repairs and improvements. costing $6820.68 have been 'made during the biennium.

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