0 t/> t EXTRACTS FROM THE CODES AND STATUTES RELATING TO STATE PRISONS AND PRISONERS, COMPILED FROM THE /f I: /, / r - CONSTITUTION OF CALIFOR^U, THE CODES, AND STATUTES IN FORCE; WITH AN OPINION OF ,T'Ht/ATTORNEY-GENERAL ON THE SUBJECT OF CREDITS TO SECOND-TERM CONVICTS. fl/iA i /' • V ,«S‘ ' f W 1 ' • i+i I / yifi July 1st, 188^ ■4I A SACRAMENTO: STATE OFFICE : : : J. D. YOUNG, SUPT. STATE PRINTING. 1882. EXTEACTS t FROM THE CODES AND STATUTES RELATING TO STATE PRISONS AND PRISONERS, COMPILED FROM THE CONSTITUTION OF CALIFORNIA, THE CODES, AND STATUTES IN FORCE; WITH AN OPINION OF THE ATTORNEY-GENERAL ON THE SUBJECT OF CREDITS TO SECOND-TERM CONVICTS. July 1st, 1882. SACRAMENTO: STATE OFFICE : : I J. D. YOUNG, SUPT. STATE PRINTING. 1882 . ( Digitized by the Internet Archive in 2019 with funding from University of Illinois Urbana-Champaign Alternates https://archive.org/details/extractsfromcodeOOunse \ v Warden’s Office, State Prison at Folsom, \ July 1st, 1882. j For convenience in referring to the laws in. force concerning the State Prisons of California and the convicts who are serving terms of imprisonment, as well as to group the statutes governing the employment of convict labor, the following compilation from the Constitution and Codes has been made. Some of the sections in the pamphlet are for the enlightenment of prisoners who desire to obtain commutation of sentence, but who usually make application to the Governor without first complying with the provisions of the laws. The opinion of the Attorney-General, annexed to the compilation, decides a question of great importance to convicts serving a second term of imprisonment. JOHN McCOMB, Warden State Prison at Folsom. F 1 9A •• O STATE BOARD OF PRISON DIRECTORS G. W. SCHELL, President _ Modesto. J. H. NEFF_Colfax. A. H. CHAPMAN_Chico. Dr. W. F. McNUTT _San Francisco. CHARLES CLAYTON_San Francisco. STATE PRISON AT SAN QUENTIN. J. P. AMES_Warden. J. Y. ELLIS_Clerk. STATE PRISON AT FOLSOM. JOHN McCOMB_Warden. JOHN M. MINER_Clerk and Commissary. JAMES TOWLE_Captain of the Guard. BENJAMIN CHAMBERS_Lieutenant of the Guard. Dr. W. A. GROVER_Physician. T. W. BAILEY_Assistant Bookkeeper. GEORGE IL. ROGERS_Superintendent of Labor. ORRIN COLLIER_Engineer. T. J. ADAMS_Keeper of Front Gate. ABE MORRIS_Keeper of Lower Gate. J. N. McCORMICK_Chief of Night Watch. P. F. DOLAN___Lieutenant of Night Watch. GUARDS. R. J. Murphy, J. N. Monroe, Levi Greer, W. W. Sim, Thomas Curtin, L. H. Anderson, James Curtin, John Curry, Thomas Burns, John B. Smith, John Moran, John Moore, Samuel Bennett, W. T. Brown, A. M. Rhody, George I. Marvin, J. W. Janes, F. F. Werner, T. Beirnes, Fred Rhorer, Dexter W. Ridley, James Matthews, W. J. Arnell, John Harrison. Extracts from the Constitution of California. Article X .—State Institutions and Public Buildings. Section 1 . There shall be a State Board of Prison Directors, to consist of five persons, to be appointed by the Governor, with the advice and consent of the Senate, who shall hold office for ten years, except that the first appointed shall, in such manner as the Legis¬ lature may direct, be so classified that the term of one person so appointed shall expire at the end of each two years during the first ten years, and vacancies occurring shall be filled in like manner. The appointee to a vacancy, occurring before the expiration of a term, shall hold office only for the unexpired term of his predecessor. The Governor shall have the power to remove either of the Directors for misconduct, incompetency, or neglect of duty, after an opportu¬ nity to be heard upon written charges. Sec. 2. The Board of Directors shall have the charge and super¬ intendence of the State Prisons, and shall possess such powers, and perform such duties, in respect to other penal and reformatory insti¬ tutions of the State, as the Legislature may prescribe. Sec. 3. The Board shall appoint the Warden and Clerk, and determine the other necessary officers of the prisons. The Board shall have power to remove the Wardens and Clerks for misconduct, incompetency, or neglect of duty. All other officers and employes of the prisons shall be appointed by the Warden thereof, and be removed at his pleasure. Sec. 4. The members of the Board shall receive no compensation other than reasonable traveling and other expenses incurred while engaged in the performance of official duties, to be audited as the Legislature may direct. Sec. 5. The Legislature shall pass such laws as may be necessary to further define and regulate the powers and duties of the Board, Wardens, and Clerks, and to carry into effect the provisions of this article. Sec. 6 . After the first day of January, eighteen hundred and eighty-two, the labor of convicts shall not be let out by contract to any person, copartnership, company, or corporation, and the Legis¬ lature shall, by law, provide for the working of convicts for the benefit of the State. Article VII .—Pardoning Power. Section 1. The Governor shall have the power to grant reprieves, pardons, and commutations of sentence, after conviction, for all 6 EXTRACTS FROM THE CODES AND STATUTES offenses except treason and cases of impeachment, upon such condi¬ tions, and with such restrictions and limitations, as he may think proper, subject to such regulations as may be provided by law rela¬ tive to the manner of applying for pardons. Upon conviction for treason, the Governor shall have power to suspend the execution of the sentence until the case shall be reported to the Legislature at its next meeting, when the Legislature shall either pardon, direct the execution of the sentence, or grant a further reprieve. The Governor shall communicate to the Legislature, at the beginning of every ses¬ sion, every case of reprieve or pardon granted, stating the name of the convict, the crime of which he was convicted, the sentence, its date, the date of the pardon or reprieve, and the reasons for grant¬ ing the same. Neither the Governor nor the Legislature shall have power to grant pardons, or commutations of sentence, in any case where the convict has been twice convicted of felony, unless upon the written recommendation of a majority of the Judges of the Supreme Court. Article XIX.— Chinese . Sec. 3. No Chinese shall be employed on any State, county, munic¬ ipal, or other public work, except in punishment for crime. Article XX .—Miscellaneous Subjects. Sec. 17. Eight hours shall constitute a legal day’s work on all public work. RELATING TO STATE PRISONS AND PRISONERS. 7 Extracts from the Statutes of 1880. Chapter LXXI.— An Act to define , regulate, and govern the State Pris¬ ons of California. (Approved April 15, 1880.) The People of the State of California, represented in Senate and Assem¬ bly, do enact as follows: Section 1 . The Prison heretofore known as the “Branch State Prison ” shall be known hereafter and designated as the “ State Prison at Folsom,” and all its finances and other accounts shall be kept separate from those of the State Prison at San Quentin, and it shall have an official staff conformable to the laws of the State in relation to State Prisons; and it shall be lawful for Courts to sen¬ tence convicts to the State Prison at San Quentin, or to the State Prison at Folsom, in their discretion, and the Board of Directors shall have power to transfer prisoners from either prison to the other one, when, in their judgment, such transfer is for the best interests of the State. Sec. 2. For the government and management of the California State Prisons there shall be appointed by the Governor, by and with the advice and consent of the Senate, on or before the second Mon¬ day in January, A. D. eighteen hundred and eighty, five Directors, who shall hold their office for the term of ten years from and after said second Monday in January, A. D. eighteen hundred and eighty, and until their successors are appointed and qualified; provided, that said Directors so appointed shall, at their first meeting after the pas¬ sage of this Act, so classify themselves, by lot, that one of them shall go out of office in two years, one of them in four years, one of them in six years, one of them in eight years, and one of them in ten years after said second Monday in January, A. D. eighteen hundred and eighty; and an entry of such classification shall be made in the minutes of said Directors, signed by them, and a duplicate thereof shall be filed in the office of the Secretary of State. And on or before the second Monday in January, A. D. eighteen hundred and eighty- two, and at the same time biennially thereafter, the Governor shall appoint, by and with the advice and consent of the Senate, one Director, whose term of office shall be for a period of ten years, com¬ mencing with said second Monday in January. And each Director shall subscribe an oath of office, which shall be indorsed on his com¬ mission. Sec. 3. At the first meeting of the Directors after the passage of this Act, and at their meeting in January biennially thereafter, they shall elect one of their number President of the Board. Sec. 4. A majority of the Board shall constitute a quorum for the transaction of business, but no order of the Board shall be valid 8 EXTRACTS FROM THE CODES AND STATUTES unless it is entered on the journal, and is concurred in by three members. Sec. 5. It shall be the duty of the Directors— First —To determine the necessary officers of the prisons, other than those of Wardens and Clerks, specifying their duties severally, and fixing their salaries; to prescribe rules and regulations for the government of the prisons, and to revise and change the same from time to time as circumstances may require; provided, the Warden may make such temporary rules and orders as he may deem proper, to be in force until the next meeting of the Board. At least three of said Directors shall visit the prison in company on the first Tues¬ day in each month, or as soon thereafter as may be practicable, and examine all the different departments, and audit all claims against the prisons. The Directors shall cause an inspection of the prisons to be made by one of their number at least once in each month. Second —The Directors shall meet at the State Prisons within the first ten days in January, April, July, and October of each year, and, in addition to the duties above described, they shall examine the books and accounts of the Wardens and Clerks. Third —To enter on their journal the result of all examinations, and of all other official acts, which shall be signed by the members present. Fourth —On or before the first day of November, A. D. eighteen hundred and eighty, and annually thereafter, to report to the Gov¬ ernor the condition of the prisons, together with a detailed statement of their receipts and expenditures, and such suggestions as their interests may require. Sec. 6 . The Board of Directors shall have power to establish an office in San Francisco, and employ a Secretary. Sec. 7. The Directors shall appoint a Warden for each prison, who shall take and subscribe an oath or affirmation faithfully to discharge the duties of his office, and enter into a bond to the State of California in the sum of twenty-five thousand dollars, with two or more sureties, to be approved by the Directors and the Attorney- General of the State, conditioned for the faithful performance of the duties which may devolve upon him as such officer, and he shall hold his office for four years. Sec. 8. The Wardens shall reside at the State Prisons to which they are respectively assigned, in houses provided and furnished at the expense of the State; and it shall be their duty— First —To fill all subordinate positions that may be created by order of the Board of Directors, by appointment of suitable persons thereto. Second —To supervise the government, discipline, and police of the prison. Third —To give all needful directions to the inferior officers, and secure from each a faithful discharge of their several duties. Fourth —To make frequent examinations into the state of the prisons, the health, condition, and safety of the convicts. Fifth —To report as often as they may be required to the Directors, the number of guards employed, their names and duties, and such other matters as may be required. Sixth —To have general charge of all departments of the prisons, and of the officers. Seventh —To bring any and all suits at law or in equity arising in RELATING TO STATE PRISONS AND PRISONERS. 9 his department that may be necessary to protect the rights of the State in matters connected with the prisons and their management, in the name of the Board of State Prison Directors, and to prosecute the same with the consent of the Board of Directors. Sec. 9. The Board of Directors shall appoint a Clerk for each prison, who shall take an oath of office, and enter into a bond to the State, with sureties satisfactory to the Board, in the sum of five thousand dollars, that they will faithfully discharge the duties which devolve upon them. The Clerks shall hold their office for the period of four years, unless sooner removed by the Board for misconduct, incompetency, or neglect of duty. Sec. 10. The Clerks shall keep the accounts of the prisons to which they are severally appointed, in such manner as to exhibit clearly all its financial transactions. A register of convicts shall be kept, in which shall be entered the name of each convict, the crime of which he is convicted, the period of his sentence, from what county, by what Court sentenced, his nativity, to what degree edu¬ cated, at what institution, and under what system; an accurate description of his person, and whether he has been previously con¬ fined in a State Prison in this or any other State, and if so, when and how he was discharged. The Clerks shall also act as Secretaries of the Board while in session at the prisons. Sec. 11. The Board of Directors are hereby authorized and required to contract for provisions, clothing, medicines, forage, fuel, and all other supplies needed for the support of the prisons for any period of time, not exceeding one year, and such contract shall be limited to bona fide dealers in the several classes of articles contracted for. Such contracts shall be given to the lowest bidder at a public letting thereof, if the price bid is a fair and reasonable one, and not greater than the usual market value and prices. Each bid shall be accompanied by such security as the Board may require, conditional upon the bidder entering into a contract upon the terms of his bid, on notice of the acceptance thereof, and furnishing a penal bond, with good and sufficient sureties, in such sum as the Board may direct and to their satisfaction that he will faithfully perform his contract. Notice of the time, place, and conditions of the letting of such contract shall be given for at least two consecutive weeks in two daily newspapers printed and published in the City of San Francisco,and in one newspaper printed and published in the City of Sacramento, and in one newspaper printed and published in the county where the prison to be supplied is situated. If all the bids made at such letting are deemed unreasonably high, the Board may, in their discretion, decline to contract, and may again advertise for proposals, and may so continue to renew the advertisement until satisfactory contracts are made ; and in the meantime the Board may contract with any one whose offer is regarded just and equitable, but no con¬ tract thus made shall run more than sixty days, nor in any case extend beyond the public letting. No bid shall be accepted, nor a contract entered into in pursuance thereof, when such bid is higher than any other bid at the same letting for the same class or schedule of articles, and when a contract can be had at such lower bid. When two or more bids for the same article or articles are equal in amount, the Board may select the one which, all things considered, may by them be thought best for the interests of the State, or they may 2 10 EXTRACTS FROM THE CODES AND STATUTES divide the contract between the bidders, as in their judgment may seem proper and right .—[As amended March l^th, 1881. Sec. 12. The Board of Directors shall have power, in their dis¬ cretion, to purchase any clay lands suitable for brick making that may lie contiguous to the San Quentin Prison grounds, not to exceed in value the sum of fifteen thousand dollars. Sec. 13. No person shall be appointed to any office, or be em¬ ployed in the prisons on behalf of the State, who is a contractor, or the agent or employe of a contractor, or who is interested directly or indirectly in any business carried on therein; and no male person who is not a qualified elector of the State of California shall be appointed by the Wardens to any office in or about the prisons, nor shall any one be employed or appointed by virtue of this Act who is in the habit of intemperate use of intoxicating liquors. A single act of intoxication shall justify discharge or removal. Sec. 14. The Governor shall have the power to remove either of the Directors for misconduct, incompetency, or neglect of duty, upon proper notice to him or them, accompanied by copies of written charges, he or they having an opportunity to be heard thereon. Sec. 15. If the office of Director shall become vacant by death, resignation, removal by the Governor, or any other cause, the vacancy shall be filled for the unexpired term by the Governor, by and with the advice and consent of the Senate. Sec. 16. The Wardens and Clerks may be removed by the Board of Directors at any time for misconduct, incompetency, or neglect of duty; and all other officers and employes may be removed at any time at the pleasure of the Warden. Sec. 17. The Directors shall receive no compensation other than ten cents per mile for traveling expenses, and one hundred dollars ($100) per month for other expenses incurred while engaged in the performance of official duties. The Warden shall receive a salary not less than two thousand and four hundred dollars ($2,400), and not to exceed three thousand dollars ($3,000) per annum, in the dis¬ cretion of the Directors. The Clerks shall receive one thousand and five hundred dollars ($1,500) per annum, and all other officers and employes shall receive such compensation as the Board of Directors shall deem just and equitable in each case.—[As amended March ll^th, 1881. Sec. 18. All moneys received or collected by the Wardens by virtue of this Act, shall be paid by them into the State treasury to the credit of a fund to be known as the State Prison Fund, at least as often as once per month, excepting so much thereof as may be necessary to pay the current expenses. The Wardens shall require vouchers for all moneys by them expended, and safely keep the same on file in their respective offices at the prisons. For all sums of money required to be paid, other than for the uses above named, as well as for said uses when there is not sufficient money in the hands of the Wardens, drafts shall be drawn on the Controller of State, signed by at least three of the State Prison Directors, and counter¬ signed by the Warden, and the Controller of State shall draw his warrant on the State Treasurer, who shall pay the same out of any moneys belonging to the State Prison Fund, or appropriated for the use or support of the State Prisons .—[As amended March l^th, 1881. Sec. 19. All revenues of the prisons, unless herein otherwise pro¬ vided, shall be paid to the Wardens, who alone are authorized to RELATING TO STATE PRISONS AND PRISONERS. 11 receipt for the same and discharge from liability.- When any sum of money is paid to the Wardens, they shall cause the same to be properly entered on the books by the Clerks. Sec. 20. On payment of any moneys into the State treasury, as provided in this Act, the Wardens and State Treasurer shall report to the Controller of State the amount so paid, and the State Treas¬ urer shall give the Wardens a receipt therefor, which receipt shall be filed with the Controller. The Wardens shall report to the Con¬ troller of State the amount of money paid into said treasury by them during each month, and shall also report to said Controller of State the amounts received and disbursed by them every three months, and during the period for which such report shall be made, which quarterly report shall be signed by the Warden and at least three of the Directors.—[ As amended March 14 th, 1881. Sec. 21. All convicts not employed on contracts may be employed by authority of the Board of Directors, under charge of the Wardens and such skilled foremen as he may deem necessary in the perform¬ ance of work for the State, or in the manufacture of any article or articles which, in the opinion of the Board, may inure to the best interests of the State; and the Board of Directors are hereby author¬ ized to purchase, from time to time, such tools, machinery, and mate¬ rials, and to direct the employment of such skilled foremen as may be necessary to carry out the provisions of this section, and to dis¬ pose of the articles manufactured and not needed by the State, for cash, at ptiblic auction or otherwise. If by auction, after having first given notice of such sale by advertising the time and place thereof, together with a list of the articles to be sold, in ten consecu¬ tive issues of two or more daily newspapers of general circulation published in the City and County of San Francisco. The money received from the sale of all articles so sold shall be paid into the State treasury, by the Warden of the prison, to the credit of the fund of said prison. Sec. 22. In the treatment of the prisoners the following general rules shall be observed: Each convict shall be provided with a bed of straw, or other suitable material, and sufficient covering of blankets, and shall be supplied with garments of coarse, substantial material, of distinctive manufacture, and with sufficient plain and wholesome food, of such variety as may be most conducive to good health. Second —No punishment shall be inflicted, except by the order and under the direction of the Wardens. Third —The Warden shall keep a correct account of all money and valuables upon the prisoner when delivered at the prison, and shall pay the amount, or the proceeds thereof, or return the same to the convict when discharged, or to his legal representatives in case of his death; and in case of the death of such convict without being- released, if no legal representative shall demand such property within five years, the same shall be paid into the State Prison Fund. Fourth —The rules and regulations prescribing the duties and obli¬ gations of the prisoners shall be printed and hung up in each cell and shop. Fifth —Each convict, when he leaves the prison, shall be supplied with the money taken from him when he entered, and which lie has not disposed of, together with any sum which may have been earned by him for his own account, allowed to him by the State for good 12 EXTRACTS FROM THE CODES AND STATUTES conduct or diligent labor, or may have been presented to him from any source; and in case the prisoner has not funds sufficient for present purposes, he shall be furnished with five dollars in money, a suit of clothes costing not more than ten dollars, and a half-fare ticket to the place where sentenced, if the prisoner desires to return there, or to any other place of the same cost; and he shall be enti¬ tled, if he so elect, to immunity from having his hair cut, or from being shaved, for three calendar months immediately prior to his discharge. It shall not be lawful for the officers of the prison to furnish, or permit to be furnished, to any one, for publication, the name of any prisoner about to be discharged. When the Warden, and such other officers as may be designated by the Directors to act with him in such cases, shall be of opinion that any convict is insane, they shall make proper examination, and if they remain of the opinion that such person is insane, the Warden shall certify the fact to the Superintendent of one of the State Asylums for the insane, and shall forthwith send such convict to said Asylum for care and treatment. It shall be the duty of the Warden, also, to send to the Directors a copy of such certificate, and thereafter a statement as to his subsequent acts regarding the said insane convict. And it shall be the duty of the Superintendent of the Insane Asylum to receive such insane convict and keep him until cured. It shall be his duty, upon the receipt of such insane convict, to notify the Directors of the fact, giving name, date, and where from, and from whose hands received. When, in the opinion of the Superintendent, such insane convict is cured of insanity, it shall be his duty to immediately notify the Directors thereof; and it shall be his duty, also, to notify the Warden of the prison from whence he was received, who shall imme¬ diately send for, take, and receive the said convict back into the prison, the time passed at the Asylum counting as a part of such convict’s sentence. Before discharging any convict who may be insane at the time of the expiration of his sentence, the Warden shall first give notice, in writing, to a Judge of a Superior Court of the county in which the State Prison may be located, over which he has control, of the fact of such insanity; whereupon said Court shall forthwith make an order, and deliver the same to the Sheriff of said county, commanding him to remove such insane convict and take him before said Court. Upon the receipt of such order, it shall be the duty of said Sheriff to whom it is directed to execute and return the same forthwith to the Court by whom it was issued, and there¬ upon the said Court shall cause proper examination to be made by medical experts, and if it shall satisfactorily appear that such con¬ vict is insane, said Court shall order him to be confined in one of the Insane Asylums. The Sheriff shall receive the same compensa¬ tion as for transferring a prisoner to the State Prison, and to be paid in the same manner. If any Judge, after having been so notified by the Warden, shall neglect to cause such order to be made as herein provided, or any such Sheriff shall neglect to remove such insane convict, as required by the provisions of this section, it shall be the duty of the Warden to cause such insane convict to be removed before a Superior Court of a county in which the State Prison is located, in charge of an officer of the prison, or other suitable per¬ son, for the purpose of examination; and the cost of such removal shall be paid out of the State treasury, in the same manner as when removed by the Sheriff as herein provided. RELATING TO STATE PRISONS AND PRISONERS. i o lo Sec. 23. The Board of State Prison Directors of this State shall require of every able-bodied convict confined in a State Prison as many hours of faithful labor, in each and every day during his term of imprisonment, as shall be prescribed by the rules and regulations of the prison; and every convict faithfully performing such labor, and being in all respects obedient to the rules and regulations of the prison, or if unable to work, yet faithful and obedient, shall be allowed from his term, instead and in lieu of the credits heretofore allowed by law, a deduction of two months in each of the first two years, four months in each of the next two years, and five months in each of the remaining years of said term; provided , that any such convict who shall commit an assault upon his keeper, or any fore¬ man, officer, or convict, or otherwise endanger life, or by any flagrant disregard of the rules of the prison, or any misdemeanor whatever, shall forfeit all deductions of time earned by him for good conduct before the commission of such offense; such forfeiture, however, shall only be made by the Board of Directors, after due proof of the offense, and notice to the offender; nor shall such forfeiture be imposed when a party has violated any rule or rules without violence or evil intent, of which the Directors shall be the sole judges. The name of no convict who attempts to escape, after the passage of this Act, shall be sent by the State Prison officials to the Governor for the credits herein provided. Sec. 24. All criminals sentenced to the State Prisons by the authority of the United States shall be received and kept according to the sentence of the Court by which they were tried, and the pris¬ oners so confined shall be subject, in all respects, to the same disci¬ pline and treatment as though committed under the laws of this State. The Wardens are hereby authorized to charge and receive from the United States, for the use of the State, an amount sufficient for the support of each prisoner, the cost of all clothing that may be fur¬ nished, and one dollar per month for the use of the prisoner. No other or further charge shall be made by any officer for or on account of such prisoners. Sec. 25. After the first day of January, eighteen hundred and eighty-two, the labor of convicts shall not be let out by contract to any person, copartnership, company, or corporation, by the State Board of Prison Directors, nor shall they let out any such labor prior to January first, eighteen hundred and eighty-two, by contract extending beyond such date; provided, that after the passage of this Act, no skilled convict labor shall be let or contracted out at a price less than one dollar per day for each convict; provided further, that this section shall not apply to contracts heretofore entered into. Sec. 26. The Board of Directors shall have power to contract for the supply of gas and water for said prisons, upon such terms as said Board shall deem to be for the best interest of the State, or to manu¬ facture gas or furnish water themselves, at their option. Sec. 27. No officer or employe shall receive, directly or indirectly, any compensation for his services other than that prescribed by the Directors; nor shall he receive any compensation whatever, directly or indirectly, for any act or service which he may do or perform for or on behalf of any contractor, or agent, or employe of a contractor. For any violation of the provisions of this section, the officer, agent, or employe of the State shall be discharged from his office or service; and every contractor, or employe, or agent of a contractor engaged 14 EXTRACTS FROM THE CODES AND STATUTES therein, shall be expelled from the prison grounds, and not again permitted within the same as a contractor, agent, or employ^. Sec. 28. No officer or employe of the State, or contractor or em¬ ploye of a contractor, shall, without permission of the Board of Directors, make any gift or present to a convict, or receive any from a convict, or have any barter or dealings with a prisoner. For every violation of the provisions of this section, the party engaged therein shall incur the same penalty as prescribed in section twenty-seven. Sec. 29. No officer or employe of the prison shall be interested, directly or indirectly, in any contract or purchase made or author¬ ized to be made by any one for or on behalf of the prisons. Sec. 31. There shall be printed annually, for the use of the prisons, five hundred copies of the annual report of the Board of Directors, and the Clerk shall annually transmit to each of the State Prisons in the United States one copy of such report. Sec. 32. All the bonds of officers and employes under this Act shall be deposited with the Secretary of State. Sec. 33. If any of the shops or buildings in which convicts are employed are destroyed in any way, or injured by fire or otherwise, they may be rebuilt or repaired immediately, under the direction of the Board of Directors, by and with the advice and consent of the Governor, Attorney-General, and Secretary of State, and the expenses thereof paid out of any funds in the State treasury not otherwise appropriated by law. Sec. 34. The Board of Directors must report to the Governor from time to time the names of any and all persons confined in the State Prisons who, in their judgment, ought to be pardoned out and set at liberty on account of good conduct, or unusual term of sentences, or any other cause, which, in their opinion, should entitle such prisoner to pardon. Sec. 35. All Acts and parts, of Acts inconsistent with the provis¬ ions of this Act are hereby repealed. Sec. 36. This Act shall take effect immediately. Chapter XXXIX.— An Act to encourage the planting of jute. (Ap¬ proved April 9th, 1880.) The People of the State of California , represented in Senate and Assem¬ bly, do enact as follows: Section 1 . That the President of the State Agricultural College shall cause to be planted to jute not less than one nor more than five acres of ground, for the purpose of testing the practicability of its successful cultivation in this State. Sec. 2. The amount of money expended in carrying out the pro¬ visions of section one of this Act shall be taken from the fund appropriated for the support of said Agricultural College. Sec. 3. This Act shall take effect and be in force from and after its passage. RELATING TO STATE PRISONS AND PRISONERS. 15 Chapter LVI .—An Act concerning the payment of the expenses and costs of the trial of convicts for crimes committed in the State Prison, and to pay the costs of the trial of escaped convicts, and to pay for the expenses of Coroner inquests in said prison. (Approved April 12th, 1880.) 7 he People of the State of California , represented in Senate and Assem¬ bly, do enact as follows: Section 1 . The costs and expenses of all trials which have heretofore been had in the county in this State where the State Prison is situated, for any crime committed by any convict in the State Prison, and the costs of guarding and keeping such convict, and the execution of the sentence of said convict by said county, and the costs and expenses of all trials heretofore had for the escape of any convict from the State Prison, and the costs and expenses of all Coroner inquests heretofore had of any convict at the State Prison by the county where said prison has been situated, shall be certified to by the County Clerk of said county wherein said trials and inquests have been held to the Board of State Prison Directors for their approval, and after such approval they shall pay the same out of the money appropriated for the support of the State Prison to the County Treasurer of said county where said trials have been had; “provided, that this Act shall not apply to any costs or expenses incurred since January first, eighteen hundred and seventy-three.” Sec. 2. This Act shall only apply to cases which have not been settled for by the State. Sec. 3. This Act shall take effect immediately. Chapter LX VIII .—An Act to provide for the deficiency in the appro¬ priation “for arresting criminals without the limits of the Statef dur¬ ing the thirtieth fiscal year. (Approved April 15th, 1880.) The People of the State of California, represented in Senate and Assem¬ bly, do enact as follows: Section 1 . The sum of two hundred and fifty-two dollars and seventy cents ($252 70) is hereby appropriated out of any money in the State treasury not otherwise appropriated, to pay the deficiency in the appropriation “for arresting criminals without the limits of the State,” during the thirtieth fiscal year. Sec. 2. This Act shall take effect immediately. Chapter CII. —An Act making appropriations for the support of the government of the State of California, for the thirty-second fiscal year. (Approved April 16th, 1880.) For support of State Prisons, two hundred and ninety-one thou¬ sand dollars. 16 EXTRACTS FROM THE CODES AND STATUTES For transportation of prisoners to State Prison, fifteen thousand dollars. For transportation of discharged prisoners, two thousand four hundred dollars. For deficiency in the appropriation for the support of State Pris¬ ons for the thirty-first fiscal year, fifty-one thousand dollars. For deficiency in the appropriation for the construction of the Branch State Prison, at Folsom, nine thousand dollars.—[ Vetoed. Chapter XXII .—Assembly Joint Resolution No. 10, relative to the enforcement of the United States Statute, making eight hours the length of a day’s labor on public works. (Adopted April 10th, 1880.) Whereas, In the State of California there is now being done and performed, for the Government of the United States, a large amount of work and labor; and whereas, the laborers who per¬ form said work are actually compelled to labor more than eight hours a day, as a day’s work; and whereas, such day’s work is con¬ trary to the provisions of section three thousand seven hundred and thirty-eight of the Revised Statutes of the United States; ♦ therefore, be it Resolved by the Assembly, the Senate concurring, That our Senators in Congress be directed, and our Representatives be requested, to urge upon and use their influence to have the President of the United States and his Cabinet to enforce said section three thousand seven hundred and thirty-eight, by compelling all public work to be per¬ formed under the provisions of said section. Resolved, That his Excellency Geo. C. Perkins, Governor of Cali¬ fornia, be directed to forthwith transmit a copy hereof to our Sena¬ tors and Representatives. RELATING TO STATE PRISONS AND PRISONERS. 17 Extracts from the Statutes of 1881. Chapter XXXVIII. —An Act making appropriation for deficiencies for the completion of the Branch State Prison at Folsom, prior to the thirty-second fiscal year. (Approved March 4tli, 1881.) The People of the State of California, represented in Senate and Assem¬ bly, do enact as follows: Section 1 . The sum of eight thousand nine hundred and forty- five dollars is hereby appropriated out of any money in the State treasury not otherwise appropriated, for the payment of deficiencies for the completion of the Branch State Prison at Folsom, prior to the thirty-second fiscal year. Sec. 2. This Act shall take effect immediately. Chapter XXXIX. —An Act making appropriations for the purchase of jute, jute machinery, lands , and erection of buildings for the manu¬ facture of jute for the State Prison at San Quentin, and other expenses incidental and relating thereto. (Approved March 4th, 1881.) The People of the State of California, represented in Senate and Assem¬ bly, do enact as follows: Section 1 . The sum of two hundred and nineteen thousand dol¬ lars ($219,000) is hereby appropriated out of any money in the State treasury not otherwise appropriated, to be paid to the State Board of Prison Directors, to pay for the purchase of jute, jute machinery, lands, and erection of buildings for the manufacture of jute, and other expenses immediately appertaining to the carrying out of the object of this Act for the State Prison at San Quentin. Sec. 2. The Controller of State is hereby authorized and directed to draw his warrant upon the State Treasurer in favor of said Prison Directors for said sum, and the State Treasurer is hereby directed to pay the same when presented. Sec. 3. This Act shall take effect immediately. Chapter Cl. —Appropriations for the thirty-third and thirty-fourth fiscal years. (Approved May 12th, 1881.) For support of State Prison at San Quentin, one hundred and sixty thousand dollars for the thirty-third fiscal year, and for the support of the State Prison at San Quentin, one hundred thousand dollars for the thirty-fourth fiscal year. 3 18 EXTRACTS FROM THE CODES AND STATUTES For the support of State Prison at Folsom, one hundred and ninety thousand dollars. For the purchase of lime, cement, and other articles necessary for the construction of a wall about the State Prison at Folsom, ten thousand dollars.—[ Vetoed . For transportation of prisoners to the prisons, forty thousand dol¬ lars. POLITICAL CODE. Sec. 382. The Governor must cause to be kept the following records: 1. A register of all applications for pardon or for commutation of any sentence, with a list of the official signatures and recommenda¬ tions in favor of each application; 2. A register of statements in capital cases made to him, with his action thereon; 3. An account of all his official expenses and disbursements, in¬ cluding the incidental expenses of his department, and of all rewards offered by him for the apprehension of criminals and persons charged with crime; 4. A register of all appointments made by him, with date of com¬ mission, names of appointee and predecessor; 5. A record of all persons confined in the State Prison, showing the name of the convict, his age and general appearance, wl*en and where convicted, and of what crime, the time of his sentence, and when such time expires. RELATING TO STATE PRISONS AND PRISONERS. 19 Extracts from the Codes. Sec. 101. Every person who rescues or attempts to rescue, or aids another person in rescuing or attempting to rescue, any prisoner from any prison, or from any officer or person having him in lawful custody, is punishable as follows: 1. If such prisoner was in custody upon a conviction of felony punishable with death, by imprisonment in the State Prison not less than one nor more than fourteen years; 2. If such prisoner was in custody upon a conviction of any other felony, by imprisonment in the State Prison not less than six months nor more than five years; 3. If such prisoner was in custody upon a charge of felony, by a fine not exceeding one thousand dollars and imprisonment in the county jail notexceeding two >ears; 4. If such prisoner was in custody otherwise than upon a charge or conviction of felony, by fine not exceeding five hundred dollars and imprisonment in the county jail not exceeding six months. Sec. 102. Every person who willfully injures or destroys, or takes or attempts to take, or assists any person in taking or attempting to take, from the custody of any officer or person, any personal property which such officer or person has in charge under any process of law, is guilty of a misdemeanor. Sec. 107. Every prisoner confined in any other prison than the State Prison, who escapes or attempts to escape therefrom, is guilty of a misdemeanor. Sec. 108. Every keeper of a prison, sheriff, deputy sheriff, con¬ stable, or jailer, or person employed as a guard, who fraudulently contrives, procures, aids, connives at, or voluntarily permits, the escape of any prisoner in custody, is punishable by imprisonment in the State Prison net exceeding ten years, and fine not exceeding ten thousand dollars. Sec. 109. Every person who willfully assists any prisoner confined in any prison or in the lawful custody of any officer or person to escape, or in an attempt to escape from such prison or custody, is punishable as provided in Section 108 of this Code. Sec. 110. Every person who carries or sends into a prison any¬ thing useful to aid a prisoner in making his escape, with intent thereby to facilitate the escape of any prisoner confined therein, is punishable as provided in Section 108 of this Code. Sec. 150. Every male person above eighteen years of age who neglects or refuses to join the posse comitatus or power of the county, by neglecting or refusing to aid and assist in taking or arresting any person against whom there may be issued any process, or by neglect¬ ing to aid and assist in retaking any person who, after being arrested or confined, may have escaped from such arrest or imprisonment, or by neglecting or refusing to aid and assist in preventing any breach of the peace, or the commission of any criminal offense, being there¬ to lawfully required by any sheriff, deputy sheriff, coroner, constable, judge, or justice of the peace, or otfier officer concerned in the admin- 20 EXTRACTS FROM THE CODES AND STATUTES istration of justice, is punishable by line of not less than fifty nor more than one thousand dollars. Sec. 171. Every person, not authorized by law, who, without the consent of the Warden, or other officer in charge of the State Prison, communicates with any convict therein, or brings into or conveys out of the State Prison any letter or writing to or from any convict, is guilty of a misdemeanor. Sec. 172. Every person who, within two miles of the land belong¬ ing to this State, upon which the State Prison is situated, or within one mile of the Insane Asylum at Napa, or within one mile of the grounds belonging and adjacent to the University of California in Alameda County, or in the State Capitol, or within the limits of the grounds adjacent and belonging thereto, sells, gives away, or exposes for sale, any vinous or alcoholic liquors, is guilty of a misdemeanor. [Amendment, approved April 3, 1876,] Sec. 666. Every person who, having been convicted of any offense punishable by imprisonment in the State Prison, commits any crime after such conviction, is punishable therefor, as follows: 1. If the offense of which such person is subsequently convicted is such that, upon a first conviction, an offender would be punishable by imprisonment in the State Prison for any term exceeding five years, such person is punishable by imprisonment in the State Prison not less than ten years; 2. If the subsequent offense is such that, upon a first conviction, the offender would be punishable by imprisonment in the State Prison for five years, or any less term, then the person convicted of such subsequent offense is punishable by imprisonment in the State Prison not exceeding ten years; 3. If the subsequent conviction is for petit larceny, or any attempt to commit an offense which, if committed, would be punishable by imprisonment in the State Prison not exceeding five years, then the person convicted of such subsequent offense is punishable by impris¬ onment in the State Prison not exceeding five years. Sec. 667. Every person who, having been convicted of petit larceny, or of an attempt to commit an offense which, if perpetrated, would be punishable by imprisonment in the State Prison, commits any crime after such conviction, is punishable as follows: 1. If the subsequent offense is such that, upon a first conviction, the offender would be punishable by imprisonment in the State Prison for life, at the discretion of the Court, such person is punish¬ able by imprisonment in such prison during life; 2. If the subsequent offense is such that, upon a first conviction, the offender would be punishable by imprisonment in the State Prison for any term less than for life, such person is punishable by imprisonment in such prison for the longest term prescribed, upon a conviction of such first offense; 3. If the subsequent conviction is for petit larceny, or for an attempt to commit an offense, which, if perpetrated, would be punish¬ able by imprisonment in the State Prison, then such person is pun¬ ishable by imprisonment in such prison not exceeding five years. Sec. 669. When any person is con victed of two or more crimes before sentence has been pronounced upon him for either, the impris¬ onment to which he is sentenced upon the second or other subsequent conviction must commence at the termination of the first term of imprisonment to which he shall be adjudged, or at the termination RELATING TO STATE PRISONS AND PRISONERS. 21 of the second or other subsequent term of imprisonment, as the case may be. Sec. 670. The term of imprisonment fixed by the judgment in a criminal action commences to run only upon the actual delivery of the defendant at the place of imprisonment, and if thereafter, during such term, the defendant by any legal means is temporarily released from such imprisonment and subsequently returned thereto, the time during which he was at large must not be computed as part of such term. Sec. 671. Whenever any person is declared punishable for a crime by imprisonment in the State Prison for a term not less than any specified number of years, and no limit to the duration of such im¬ prisonment is declared, the Court authorized to pronounce judgment upon such conviction may, in its discretion, sentence such offender to imprisonment during his natural life, or for any number of years not less than that prescribed. Sec. 672. Upon a conviction for any crime punishable by impris¬ onment in any jail or prison, in relation to which no fine is herein prescribed, the Court may impose a fine on the offender not exceed¬ ing two hundred dollars in addition to the imprisonment prescribed. Sec. 673. A sentence of imprisonment in a State Prison for any term less than for life suspends all the civil rights of the person so sentenced, and forfeits all public offices and all private trusts, author¬ ity, or power during such imprisonment. Sec. 674. A person sentenced to imprisonment in the State Prison for life is thereafter deemed civilly dead. Sec. 675. The provisions of the last two preceding sections must not be construed to render the persons therein mentioned incompe¬ tent as witnesses upon the trial of a criminal action or proceeding, or incapable of making and acknowledging a sale or conveyance of property. [ Amendment , approved March 30,1874; Amendments 1873-4, 435; took effect July 1, 1874. Sec. 676. The person of a convict sentenced to imprisonment in the State Prison is under the protection of the law, and any injury to his person, not authorized by law, is punishable in the same man¬ ner as if he was not convicted or sentenced. Sec. 677. No conviction of any person for crime works any for¬ feiture of any property, except in cases in which a forfeiture is ■expressly imposed bylaw; and all forfeitures to the people of this State, in the nature of a deodand, or where any person shall flee from justice, are abolished. Sec. 834. An arrest is taking a person into custody, in a case and in the manner authorized b}^ law. An arrest may be made by a peace officer or by a private person. Sec. 835. An arrest is made by an actual restraint of the person ■of the defendant, or by his submission to the custody of an officer. The defendant must not be subjected to any more restraint than is necessary for his arrest and detention. Sec. 836. A peace officer may make an arrest in obedience to a warrant delivered to him, or may, without a warrant, arrest a person: 1. For a public offense committed or attempted in his presence. 2. When a person arrested has committed a felony, although not in his presence. 3. When a felony has in fact been committed, and he has reason¬ able cause for believing the person arrested to have committed it. 22 EXTRACTS FROM THE CODES AND STATUTES 4. On a charge made, upon a reasonable cause, of the commission of a felony by the party arrested. 5. At night, when there is reasonable cause to believe that he has committed a felony. Sec. 837. A private person may arrest another: 1. For a public offense committed or attempted in his presence. 2. When the person arrested has committed a felony, although not in his presence. 3. When a felony has been in fact committed, and he has reason¬ able cause for believing the person arrested to have committed it. Sec. 838. A magistrate may orally order a peace officer or private person to arrest any one committing or attempting to commit a pub¬ lic offense in the presence of such magistrate. Sec. 839. Any person making an arrest may orally summon as many persons as he deems necessary to aid him therein. Sec. 840. If the offense charged is a felony, the arrest may be made on any day, and at any time of the day or night. If it is a misdemeanor, the arrest cannot be made at night, unless upon the direction of the magistrate, indorsed upon the warrant. Sec. 841. The person making the arrest must inform the person to be arrested of the intention to arrest him, of the cause of the arrest, and the authority to make it, except when the person to be arrested is actually engaged in the commission of or an attempt to commit an offense, or is pursued immediately after its commission, or after an escape. Sec. 842. If the person making the arrest is acting under the authority of a warrant, he must show the warrant, if required. Sec. 843. When the arrest is being made by an officer under the authority of a warrant, after information of the intention to make the arrest, if the person to be arrested either flees or forcibly resists, the officer may use all necessary means to effect the arrest. Sec. 844. To make an arrest, a private person, if the offense be a felony, and in all cases a peace officer, may break open the door or window of the house in which the person to be arrested is, or in which they have reasonable grounds for believing him to be, after having demanded admittance and explained the purpose for which admittance is desired. [ Amendment , approved March 30, 187 A] Sec. 845. Any person who has lawfully entered a house for the purpose of making an arrest, may break open the door or window thereof if detained therein, when necessary for the purpose of liber¬ ating himself, and an officer may do the same, when necessary for the purpose of liberating a person who, acting in his aid, lawfully entered for the purpose of making an arrest, and is detained therein. Sec. 846. Any person making an arrest may take from the person arrested all offensive weapons which he may have about his person, and must deliver them to the magistrate before whom he is taken. Sec. 847. A private person who has arrested another for the com¬ mission of a public offense must, without unnecessary delay, take the person arrested before a magistrate, or deliver him to a peace officer. Sec. 848. An officer making an arrest, in obedience to a warrant, must proceed with the person arrested as commanded by the warrant, or as provided by law. Sec. 849. When an arrest is made without a warrant by a peace officer or private person, the person arrested must, without unneces- RELATING TO STATE PRISONS AND PRISONERS. 23 sary delay, be taken before the nearest or most accessible magistrate in the county in which the arrest is made, and an information, stat¬ ing the charge against the person, must be laid before such magistrate. JSec. 850. A justice of the Supreme Court, District or County Judge, or the judge of the Municipal Criminal Court of San Fran¬ cisco, may, by an indorsement under his hand upon a warrant of arrest, authorize the service thereof by telegraph, and thereafter a telegraphic copy of such warrant may be sent by telegraph to one or more peace officers, and such copy is as effectual in the hands of any officer, and he must proceed in the same manner under it as though he held an original warrant issued by the magistrate making the indorsement. Sec. 851. Every officer causing telegraphic copies of warrants to be sent, must certify as correct, and file in the telegraph office from which such copies are sent, a copy of the warrant and indorsement thereon, and must return the original with a statement of his action thereunder. Sec. 854. If a person arrested escape or is rescued, the person from whose custody he escaped or was rescued, may immediately pursue and retake him at any time and in any place within the State. Sec. 855. To retake the person escaping or rescued, the person pursuing may break open an outer or inner door or window of a dwel¬ ling-house, if, after notice of his intention, he is refused admittance. Sec. 1151. A general verdict upon a plea of not guilty is either ' “guilty” or “not guilty,” which imports a conviction or acquittal of the offense charged in the indictment. Upon a plea of a former con¬ viction or acquittal of the same offense, it is either “for the people” or “for the defendant.” When the defendant is acquitted on the ground that he was insane at the time of the commission of the act charged, the verdict must be “not guilty, by reason of insanity.” When the defendant is acquitted on the ground of variance between the indictment and the proof, the verdict must be “not guilty, by reason of variance between indictment and proof.” [ Amendment , approved March 30, 187 A] Sec. 1216. If the judgment is for imprisonment in the State Prison, the Sheriff of the county must, upon receipt of a certified copy thereof, take and deliver the defendant to the Warden of the State Prison. He must also deliver to the Warden the certified copy of the judgment, and take from the Warden a receipt for the defendant. Sec. 1420. When an application is made to the Governor for a pardon, he may require the Judge of the Court before which the conviction was had, or the District Attorney by whom the action was prosecuted, to furnish him, without delay, with a statement of the facts proved on the trial, and of any other facts having reference to the propriety of granting or refusing the pardon .—[Penal Code. Sec. 1421. At least ten days before the Governor acts upon an application for a pardon, written notice of the intention to apply therefor, signed by the person applying, must be served upon the District Attorney of the county where the conviction was had, and proof, by affidavit, of the service must be presented to the Governor. [Penal Code. Sec. 1422. Unless dispensed with by the Governor, a copy of the notice must also be published for thirty days from the first publica¬ tion, in a paper in the county in which the conviction was had. [Penal Code. 24 EXTRACTS FROM THE CODES AND STATUTES Sec. 1423. The provisions of the two preceding sections are not applicable: 1. When there is imminent danger of the death of the person convicted or imprisoned; 2. When the term of imprisonment of the applicant is within ten days of its expiration .—[Penal Code. Sec. 1547. The Governor may offer a reward, not exceeding one thousand dollars, payable out of the general fund, for the apprehen¬ sion : 1. Of any convict who has escaped from the State Prison; or, 2. Of any person who has committed, or is charged with the com¬ mission of, an offense punishable with death. An Act imposing certain duties upon the Governor of the State, approved April 3,1876. Sec. 1 . The Governor shall offer a standing reward of three hun¬ dred dollars ($300) for the arrest of each person engaged in the rob¬ bery of, or in an attempt to rob any person or persons upon, or having in charge, in whole or in part, any stage-coach, wagon, rail¬ road train, or other conveyance engaged at the time in conveying passengers, or any private conveyance, within this State; the reward to be paid to the person or persons making the arrest, immediately upon the conviction of the person or persons so arrested; but no reward shall be paid except after such conviction. Sec. 1567. When it is necessary to have a person imprisoned in the State Prison brought before any Court, or a person imprisoned in a county jail brought before a Court sitting in another county, an order for that purpose may be made by the Court and executed by the sheriff of the county where it is made. An Act to provide for the erection and maintenance of a Branch State Prison near the Town of Folsom, approved March 30, 1874. Sec. 1 . The Governor, Lieutenant-Governor, and Secretary of State, the Board of State Prison Directors, are hereby authorized and empowered, and it shall be their duty to cause to be commenced, on or before the first day of October, A. D. eighteen hundred and seventy- four, the building of a Branch State Prison, on the land and at the site conveyed to the State by the Natoma Water and Mining Com¬ pany, situated near the town of Folsom, in Sacramento County; also, to commence building and constructing an exterior wall, inclosing not less than five acres of land, around the same. Sec. 2. The walls of the entire prison structure shall be erected with stone to be taken from the granite quarries situated on the land mentioned in Section One of this Act, using convict labor in and about the premises whenever it can be done to advantage; and the said prison structure shall be erected, finished, and completed as speedily after it is commenced as practicable; provided, that said Board of State Prison Directors shall first order the erection of a suitable structure for the accommodation of not less than one hun¬ dred and fifty convicts within the inclosed prison yard, the same to be in harmony with the general plan adopted for tire construction of the branch prison at Folsom. Sec. 3. The said Board of Directors shall, on or before the fif¬ teenth day of April, a. d. eighteen hundred and seventy-four, cause to be published in a daily newspaper, in the City and County of Sacramento, and City and County of San Francisco, for at least thirty RELATING TO STATE PRISONS AND PRISONERS. 25 days, a notice to receive plans and specifications, in detail, at a place specified therein, for the construction of a Branch State Prison, to be erected on the land and at the site hereinbefore mentioned, in said Sacramento County, and upon the basis of accommodating not less than five hundred prisoners at one time. The notice shall also state the premium, not to exceed the sum of five hundred dollars, to be awarded to the architect whose plans and specifications for the same may be adopted. Sec. 4. The said Board of State Prison Directors, on or before the fifteenth day of June, a. d. eighteen hundred and seventy-four, shall adopt plans and specifications for said Branch State Prison, as afore¬ said; and on or before the day last before mentioned, shall cause to be advertised in a daily newspaper published in the City and County of Sacramento, and in the City and County of San Francisco, for at least thirty days, a notice to receive sealed proposals and bids to con¬ struct and erect any part of said Branch State Prison, on the land and at the site aforesaid, in accordance with the plans and specifi¬ cations which shall have been heretofore adopted by said Board of State Prison Directors for the construction of the same, with the reserved right to reject any and all bids as being too high in price, and advertise anew. The said Board of Directors, on or before the fifteenth day of September, a. d. eighteen hundred and seventy-four, must let to the lowest responsible bidder the contract to construct and erect such part of said prison structure as the said Board of Directors, in their discretion, may think proper, upon condition that such contractor or contractors execute a good and sufficient bond, in double the amount of his or their bids, to perform such contract of constructing and erecting any part of said prison structure in a skill¬ ful and workmanlike manner, and in conformity with the plans and specifications aforesaid, which bond shall be approved by the Board of State Prison Directors. Sec. 5. The Board of State Prison Directors are hereby author¬ ized to appoint a superintendent of said prison, who shall hold his office during the pleasure of the appointing power, and until his suc¬ cessor is appointed and qualified, whose duty it shall be to superin¬ tend and manage the construction and erection of said prison structure, under such rules and regulations as may be prescribed by the Board of State Prison Directors, under the provisions of this Act. Sec. 6. The Board of State Prison Directors are hereby author¬ ized to cause to be erected on said site mentioned in Section One of this Act, such temporary prison buildings, yard, and officers' quarters, as they may deem necessary for the accommodation of the officers and guards, and the safe keeping of the prisoners during the time they are employed in the erection of the said permanent prison buildings and wall, or prison structure. Sec. 7. As soon as temporary quarters and buildings are erected, as-provided in Section Six of this Act, the Board of State Prison Directors shall select a number of prisoners, not less than fifty nor more than five hundred of the number who maybe unemployed under contract, and cause them to be removed from the State Prison at San Quentin, to said prison near Folsom, and there to be confined and worked in the erection of said prison structure, and such other work and labor as the said Board of Directors shall deem advanta¬ geous and proper, during the term or terms of their sentence to the State Prison. 4 26 EXTRACTS FROM THE CODES AND STATUTES Sec. 8. The provisions of Chapter One and Two, of Title One, Part Three of the Penal Code, are applicable to and made part hereof, substituting the words “ Branch State Prison/’ for the words “State Prison,” whenever occurring in said chapters. The appointment of a prison Warden shall be a permanent appointment, and he shall not be removed from office except for good and sufficient cause. Sec. 9. All material necessary to be purchased in the construction of said prison structure, and all supplies for the support and main¬ tenance of said Branch State Prison, shall be by contract, and the Board of Directors shall cause to be published in a newspaper pub¬ lished in the county, a notice to receive bids therefor, and let the same to the lowest responsible bidder, whenever such material or supplies are needed. Sec. 10. All salaries paid to officers, guards, or skilled laborers, and all moneys expended for material, tools, or supplies, used in the construction of said Branch State Prison buildings and wall, and in the support and maintenance of said prison, shall be drawn from the State Treasury, in the same manner as moneys are now drawn there¬ from for the support and maintenance of the State Prison at San Quentin; and the Board of Directors shall cause to be kept a correct account, in detail, of all moneys secured and disbursed by them in the building, support, and management of said Branch State Prison, and shall, on or before the first day of November, in each year, make a full report to the Governor, showing in detail all the transactions connected with the construction, management, support, and main¬ tenance of said prison, and of the working and conducting of the convicts therein confined. Sec. 11. The Board of Directors shall collect, or cause to be col¬ lected, and receive all moneys due for work and labor furnished to any parties at or from said prison, or from the lease of the labor of convicts therein confined, and pay the same into the State Treasury, and take the Treasurer’s receipt therefor; and it shall be the duty of the State Treasurer to place the same in a fund, to be known as the “Folsom Branch State Prison Fund,” which, together with all moneys appropriated or obtained by the assessment and levy of taxes upon the value of property for the building, support, and maintenance of said prison, shall be subject to orders of said Board of Directors, to be disbursed in the support of said Branch State Prison. Sec. 12. The sum of one hundred and seventy-five thousand dol¬ lars is hereby appropriated out of any moneys in the State Treasury not otherwise appropriated, for the purpose of carrying out the pro¬ visions of this Act, and the State Treasurer is hereby directed and required to place the same in the Folsom Branch State Prison Fund, subject to orders for disbursement as hereinbefore provided. Neither the Board of State Prison Directors mentioned in Section One of this Act, nor any one acting under or for said Board, shall incur or create any debt or debts, liability or liabilities, under the provisions of this Act; nor shall they make any contract or agreement in relation to the building and construction of the Branch State Prison provided for in this Act, the completion and fulfillment of which will exceed the appropriation made in this Section, or the balance of such appropriation unexpended at the time such contract or agree¬ ment is entered into. Any violation of the foregoing provisions shall be a misdemeanor, and all such contracts and agreements shall be void. RELATING TO STATE PRISONS AND PRISONERS. 27 Amendments to the Codes. Chapter IV .—An Act to amend sections fourteen hundred and eighteen and fourteen hundred and nineteen of the Penal Code , relating to reprieves, commutations, and pardons. (Approved February 18th, 1880.) The People of the State of California, represented in Senate and Assem¬ bly, do enact asfolloivs: Section 1. Section fourteen hundred and eighteen of said Code is hereby amended so as to read as follows: 1418. He may suspend the execution of the sentence, upon a con¬ viction for treason, until the case can be reported to the Legislature at its next meeting, when the Legislature may either pardon, direct the execution of the sentence, or grant a further reprieve; provided, that neither the Governor nor the Legislature shall have power to grant pardons or commutations of sentence in any case where the convict has been twice convicted of felony, after the first day of January, eighteen hundred and eighty, unless upon the written recommendation of a majority of the Judges of the Supreme Court. Sec. 2. Section fourteen hundred and nineteen of said Code is hereby amended so as to read as follows: 1419. He must, at the beginning of every session, communicate to the Legislature each case of reprieve, commutation, or pardon, stating the name of the convict, the crime of which he was con¬ victed, the sentence and its date, and the date of the commutation, pardon, or reprieve, and the reasons for granting the same. Sec. 3. This Act shall take effect immediately. Chapter XLIII.— An Act to add a new section to the Penal Code, to be known as section one hundred and eleven , relating to costs in certain criminal actions. (Approved April 6th, 1880.) The People of the State of California, represented in Senate and Assem¬ bly, do enact as follows: Section 1 . A new section is hereby added to the Penal Code, to be known as section one hundred and eleven, to read as follows: 111. Whenever a trial shall be had of any person under any of the provisions of sections one hundred and five and one hundred and six of this Code, and whenever a convict in the State Prison shall be tried for any crime committed therein, the County Clerk of the county where such trial is had shall make out a statement of all the costs incurred by the county for the trial of such case, and of guarding and keeping such convict, properly certified to by a Supe- 28 EXTRACTS FROM THE CODES AND STATUTES rior Judge of said county, which statement shall he sent to the Board of State Prison Directors for their approval; and after such approval, said Board shall cause the amount of such costs to he paid out of the money appropriated for the support of the State Prison to the County Treasurer of the county where such trial was had. Sec. 2. This Act shall take effect immediately. Chapter XLIX .—An Act to amend section fifteen hundred and eighty- six of the Penal Code, relating to transportation of convicts to Ptate Prisons. (Approved April 9th, 1880.) The People of the State of California , represented in Senate and Assem¬ bly, do enact as follows: Section 1 . Section fifteen hundred and eighty-six of the Penal Code is hereby amended to read as follows: 1586. Sheriffs delivering prisoners at the State Prisons must receive all expenses necessary incurred in their transportation, and also a just and reasonable compensation for their own services, the amount of the expenses and compensation in each case to be audited and allowed by the Board of Examiners and paid out of any moneys in the State treasury appropriated for that purpose, and no further compensation shall be received by Sheriffs for such transportation or services. Sec. 2. All Acts and parts of Acts in conflict with the provisions of this Act are repealed. Sec. 3. This Act shall take effect immediately. Chapter CVIII .—An Act to amend sections one hundred and five and one hundred and six of the Penal Code , relating, to escap>es and attempts to escape from State Prison. (Approved April 16th, 1880.) The People of the State of California, represented in Senate and Assem¬ bly, do enact as folloivs: Section 1 . Section one hundred and five of the Penal Code is hereby amended so as to read as follows: 105. Every prisoner confined in the State Prison for a term less than for life, who escapes therefrom, is punishable by imprisonment in the State Prison for a term equal in length to the term he was serving at the time of such escape; said second term of imprisonment to commence from the time he would otherwise have been discharged from said prison. Sec. 2. Section one hundred and six of said Code is hereby amended so as to read as follows: 106. Every prisoner confined in the State Prison for a term less than for life, who attempts to escape from such prison, is guilty of a felony, and, on conviction thereof, the term of imprisonment there¬ for shall commence from the time such convict would otherwise have been discharged from said prison. Sec. 3. This Act shall take effect immediately. RELATING TO STATE PRISONS AND PRISONERS. 29 Chapter XL VII .—/Unending sections of the Penal Code. « Sec. 3. Section seven hundred and eighty-seven of said Code is hereby amended so as to read as follows: 787. The jurisdiction of a criminal action for escaping from prison, is in any county of the State.—[ Amendment to Penal Code, April 9th, 1880. Sec. 30. Section nine hundred and sixty-nine of said Code is hereby repealed .—\Amendment to Penal Code, April 9tli, 1880; previous conviction. Sec. 56. Section one thousand and twenty-five of said Code is hereby repealed.— [Amendment to Penal Code, April 9th, 1880 ; previous conviction. Sec. 82. Section eleven hundred and fifty-eight of said Code is hereby amended so as to read as follows: 1158. Whenever the fact of a previous conviction of another offense is charged in an indictment or information, the jury, if they find a verdict of guilty of the offense with which he is charged, must also, unless the answer of the defendant admits the charge, find whether or not he has suffered such previous conviction. The ver¬ dict of the jury upon a charge of previous conviction may be: “We find the charge of previous conviction true,” or, “We find the charge of previous conviction not true,” as they find that the defendant has or has not suffered such conviction.— [Amendment to Penal Code, April 9th, 18S0. MISCELLANEOUS. Sec. 3244. Eight hours of labor constitute a day’s work, unless it is otherwise expressly stipulated by the parties to a contract.— [Stats. 1868, p. 63, Sec. 1. Sec. 3245. Eight hours labor constitute a legal day’s work in all cases where the same is performed under the authority of any law of this State, or under the direction, control, or by the authority of any officer of this State acting in his official capacity, or under the direc¬ tion, control, or by the authority of any municipal corporation within this State, or of any officer thereof acting as such; and a stipulation to that effect must be made a part of all contracts to which the State or any municipal corporation therein is a party.— [Stats. 186S, p. 63, Sec. 2. Sec. 3259. A day is the period of time between any midnight and the midnight following.— [Political Code. Sec. 3738. Eight hours shall constitute a day’s work for all labor¬ ers, workmen, and mechanics who may be employed by or on behalf of the Government of the United States.— [Revised Statutes United States. 30 EXTRACTS FROM THE CODES AND STATUTES Opinion of the Attorney-General. CREDITS TO SECOND TERM CONVICTS. In reply to a letter about withholding “ credits” from convicts serv¬ ing a second term of imprisonment, under the inhibition of Article VII of the Constitution, the Attorney-General sent the following telegram and letter: Sacramento, November 14, 18S1. General John Me Comb: In my opinion, the constitutional provis¬ ion referred to does not apply to giving of credits, in cases where the law in force at time of conviction authorized those credits. A. L. HART. Sacramento, California, November 15, 1881. General John Me Comb, Warden Folsom Prison : Dear Sir: Your letter of yesterday, asking a more full opinion than that contained in my telegram, received. In my opinion there is no force in the suggestion that the restraint upon the pardoning power of the Governor and Legislature, con¬ tained in Article VII, Constitution, applies only to cases of second- term convicts whose convictions were both subsequent to the adop¬ tion of the Constitution. On the contrary, I think it applies to every case where the last conviction was subsequent to the adoption of the Constitution, and it may be held to apply to all cases regard¬ less of the date of the conviction. I do not, however, view an Act granting to convicts credits for good behavior, as does the Goodwin Act, as being a “commutation of sentence,” when applied to the case of a convict tried and sen¬ tenced subsequent to the passage of this Act. It could not well be said that the sentence of a convict had been “commuted” long before even the crime had been committed which resulted in his being adjudged a convict. It may be assumed in every case that such sentence is pronounced as the merits of the case demand, hav¬ ing in view the facts, and also all laws in force at time of sentence, including the law, if there be any such at the time, allowing to the convict the privilege of shortening the time of his incarceration by his good behavior. In this view of the question, there is not, in my opinion, any con¬ stitutional inhibition upon the Legislative power to pass an Act which shall permit the giving to all persons convicted subsequent to the passage of the Act, the privilege of shortening the term of im¬ prisonment by good behavior while incarcerated. Such law could RELATING TO STATE PRISONS AND PRISONERS. 31 be made to apply as well to those serving a second term as to others. But should the law be made to apply to the cases of those convicted before its enactment, then, in my opinion, so much of it as did so, would amount to a “commutation of sentence,” and open to the objection that the pardoning power belongs to the Executive, not to the Legislative Department cf the State government. By adding the foregoing to what I stated in my telegram of yes¬ terday, I think you will be able to fully know my opinion on the questions you have been pleased to submit to me. I have the honor to remain respectfully yours, A. L. HART, Attorney-General. CREDITS GIVEN BY STATUTE. Following is a Table of Credits given by the Goodwin Act, reen¬ acted in the statute of 1880 , printed .in this pamphlet: Sentence, in Years. Credits, in Months. Actual time, with credits deducted. Years. Months. Sentence, in Years. Credits, in Months. Actual time, with credits deducted. Years. Months. One_ Two_ Three_ Four_ Five_ Six_ Seven_ Eight_ Nine_ Ten_ Eleven_ Twelve_ Thirteen Fourteen _ Fifteen_ Sixteen _ _ Seventeen Eighteen _ Nineteen.. Twenty __ 2 4 8 12 17 22 27 32 37 42 47 52 57 62 67 72 77 82 87 92 10 Twenty-one _ 97 12 11 1 8 Twenty-two _ _ . 102 13 6 2 4 Twenty-three _ 107 14 1 3 Twenty-four_ 112 14 8 3 7 Twenty-five_ 117 15 3 4 2 Twenty-six. _ __ 122 15 10 4 9 Twenty-seven_ 127 16 5 5 4 Twenty-eight __ _ 132 17 5 11 Twenty-nine_ 137 17 7 6 6 Thirty . _ _ 142 18 2 7 1 Thirty-one . 147 18 9 7 8 Thirty-two __ 152 19 4 8 3 Thirty-three_ 157 19 11 8 10 Thirty-four. _ 162 20 6 9 5 Thirty-five _ 167 21 1 10 Thirtv-six 172 21 8 10 7 i/ Thirty-seven_ 177 22 3 11 2 Thirtv-eight. . . 182 22 10 11 9 Thirty-nine_ 187 23 5 12 4 Forty _ 192 24 O M I . ■ ■ ■ ' ' ' .1 ‘ 1 - i ■* ■ . ' . ■