convicted, habits, education and industrial relations (which shall be entered in the register as hereafter provided), and such other information and recommendations as they deem best for the information of the legislature. The board shall prepare rules for its own government, and for the government of the penitentiary in accordance with the provisions of this act and subject to the approval of the governor. SEC. 3. No member of the board, and no officer of the penitentiary, except the warden and his family, and matrons shall become residents of the same, or live therein, but the sessions of the board shall be held in the institution in suitable rooms furnished for the purpose. SEC. 4. The contract system of employing convicts shall not exist in any form in the Ohio penitentiary, but the prisoners shall be employed by the state, and in such way as to in the least possible manner interfere with or affect free labor, and the managers shall use every effort to so dispose of all merchandise as to avoid injurious competition with any business of citizens of the state. All prisoners under the age of twenty-two years shall be employed at handwork exclusively, for the purpose of acquiring a trade. The managers are required to employ all the prisoners that are necessary in making all articles for the various state institutions, as far as practicable, and the institutions shall pay to the penitentiary the market price for all of such articles. furnished. SEC. 5. Every sentence to the institution of a person hereafter convicted of a felony, except for murder in the second degree, who has not previously been convicted of a felony and served a term in a penal institution, shall be, if the court having said case thinks it right and proper to do so, a general sentence of imprisonment in the penitentiary. The term of such imprisonment of any person so convicted and sentenced, may be terminated by the board of managers as authorized by this act, but such imprisonment shall not exceed the maximum term provided by law for the crime for which the prisoner was convicted and sentenced; and no prisoner shall be released until after he shall have served at least the minimum term provided by law for the crime for which the prisoner was convicted. SEC. 6. Every clerk of any court by which a criminal shall be sentenced to said institution, whenever the term of such sentence may not be fixed by the court, shall furnish the warden or other officer having such criminal in charge, a record containing a copy of the indictment and of any special plea; the name and residence of the judge presiding at the trial; also of the jurors and of the witnesses sworn on the trial; with a statement of any fact or facts which the presiding judge may deem important or necessary for the full comprehension of the case; and of his reasons for the sentence inflicted. The clerk of the court shall be entitled to such compensation in every case in which he shall perform the duties required by this act, as shall be certified to be just, by the presiding judge at the trial, and shall be paid by the county in which the trial is had, as a part of the court expenses. The clerk shall, also, upon any such conviction and sentence, forthwith transmit to the warden of the penitentiary notice thereof. SEC. 7. The board of managers shall, subject to the ap- Rules and proval of the governor, make such rules and regulations for regulations. the government of the prisoners as shall best promote their to be prescribed by reformation; they shall make provision for the separation or classification of prisoners; their division into different managers. grades; with promotion and degradation according to the merits of the prisoners; their employment and instructions in industry; their education; their conditional and absolute release; their arrest and return to custody within the institution; and, generally, as may from time to time appear to be necessary or promotive of the purposes of this act. in no case shall a prisoner be released either conditionally or absolutely unless there is, in the judgment of the managers, reasonable ground to believe he will, if released, live and remain at liberty without violating the law, and that his release is not incompatible with the welfare of society. And no petition or other form of application for the release of any prisoner shall be entertained by the managers. SEC. 8. The said board of managers shall have power Rules and to establish rules and regulations under which prisoners regulations sentenced to imprisonment under section 5 of this act, may for parole of prisoners. be allowed to go upon parole outside of the buildings and enclosures, but to remain, while on parole, in the legal custody and under the control of the board, and subject at any time to be taken back within the enclosure of said institution; and full power to enforce such rules and regulations, and to retake and reimprison any convict so upon parole, is hereby conferred upon said board, whose written order, certified by its secretary, shall be a sufficient warrant for all officers named therein, to authorize such officer to return to actual custody any conditionally released or paroled prisoner; and it is hereby made the duty of all officers to execute said order the same as ordinary criminal process when cer SEC. 9. The warden is hereby authorized to have placed Earnings of to the credit of each prisoner (except those serving a life prisoners; sentence) such amount of their earnings as the board of tain per cent. managers may deem equitable and just, taking into account to be credithe character of the prisoner, the nature of the crime for ted to him. which he is imprisoned, and his general deportment, provided that such credit shall in no case exceed twenty per cent. of his earnings. And the funds thus accruing to the credit of any prisoner shall be paid to him or his family, at such time and in such manner as the board of managers may deem best, provided that at least twenty-five per cent. How such of such earnings shall be kept for and paid to such prisoner funds to be at the time of his restoration to citizenship. And, provided distributed. further, that the warden may, with the approval of the board of managers by way of punishment for violation of rules, Forfeiture of want of propriety, or any other misconduct, may cancel such earnings. portion of such credit as he may deem best. Duties of managers as to control of prisoners. Register of prisoners; what to contain. Violators of parole to be treated as escaped pris oners. Warden; his appoint. ment and qualifications. Warden to SEC. 10. It shall be the duty of said board of managers to maintain such control over all prisoners committed to their custody, as shall prevent them from committing crime, best secure their self-support, and accomplish their reformation. When any prisoner shall be received into the institution upon direct sentence thereto, they shall cause to be entered in a register the date of such admission, the name, age, nativity, nationality, with such other facts as can be ascertained of parentage, and of early social influences as seem to indicate the constitutional and acquired defects and tendencies of the prisoner, and based upon these an estimate of the then present condition of the prisoner, and the best probable plan of treatment. Upon such register shall be entered, from time to time, minutes of observed improvement or deterioration of character, and notes as to methods and treatment employed; also, all orders or alterations affecting the standing or situation of such prisoner, and any subsequent facts of personal history which may be brought, officially, to the knowledge of the managers, bearing upon the question of the final release of the prisoner, or his being suffered to go out on parole. And it is her by provided that any prisoner violating the conditions of his parole or conditional release (by whatever name), as affixed by the managers, when by a formal order, entered in the manager's proceedings, he is declared a delinquent, shall thereafter be treated as an escaped prisoner owing service to the state, and shall be liable, when arrested, to serve out the unexpired period of the maximum possible imprisonment, and the time from the date of his declared delinquency to the date of his arrest shall not be counted as any part or portion of time served. And any prisoner at large upon parole or conditional release committing a fresh crime, and upon conviction thereof, being sentenced anew to the penitentiary, shall be subject to serve the second sentence, after the first sentence is served or annulled, to commence from the date of termination of his liabilities upon the first or former sentence. SEC. 11. The board of managers shall appoint as warden a person who, from practical experience, possesses the ability and qualifications necessary to successfully carry on the industries of the penitentiary, and who possesses the executive ability essential to the proper management of the officers and other employes under his jurisdiction, and to enforce and maintain proper discipline in every department; said warden shall hold his office [during good behavior] for four years unless sooner removed for cause, and in no case shall be removed for political or partisan reasons. SEC. 12. It shall be the duty of the warden, with the appoint offi- advice and consent of the board of managers, to appoint a secretary, a steward, a physician, a clerk, a superintendent, when necessary, for each department, a captain of the nightwatch, and such other officers and employes as may be cers and employes. necessary to carry on the industries, and the educational, moral and religious features of the institution; such officers and employes shall be selected for their fitness and qualifications for their position for which they may be appointed or employed, and shall hold their offices and places of employment during the pleasure of the warden and the board of managers, and not more than one of the guards and minor officers shall be selected from the same county, until one of said officers and guards shall be appointed from actual residents of each county in the state; but no officer or employe shall be appointed or removed for political or partisan reasons; such officers and employes shall each receive a salary to be fixed by the board of managers, upon the recom- Salaries of, mendation of the warden, which salaries shall be approxi- to be paid mate to, but shall not be in excess of, salaries paid the same board. class of labor outside the penitentiary. SEC. 13. The warden shall receive an annual salary, to Warden; be fixed by the board of managers, of not more than three salary and thousand dollars, payable by the treasurer of the state in bond of. equal monthly installments; he shall give a bond with good and sufficient sureties, approved by the governor, in the sum of fifty thousand dollars, conditioned upon the honest and faithful discharge of duty, said bond to be drawn by the attorney-general, and deposited with the secretary of state. SEC. 16(14). Sections 7389, 7390, 7392, 7393, 7399, 7401 of the revised statutes, as amended April 9, 1880, and sections 7391, 7395, 7396, 7405, 7408, 7414, 7419, 74.0, 7422, 7423, 7427, and 7432 of the revised statutes be and the same are hereby repealed. SEC. 17 (15). This act shall take effect and be in force from and after its passage, as to the appointment, qualification of managers and officers and their salaries, and as to all other matters it shall take efect and be in force from and after May 1, 1884. To amend sections 19 and 29 of an act entitled "an act to provide a license on trades, business and professions carried on in cities of the first grade of the first class, and providing for the enforcement and collection of fines and penalties for carrying on business without license and for other purposes." Passed April 6, 1883 (O. L. v. 80, p. 129). License of peddlers, etc., in certain cities. License of owners of vehicles. To whom this act does not apply. SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That section (19) nineteen of said act be so amended as to read as follows: Section 19. Peddlers or hawkers of produce or goods from vehicles drawn by animal power, shall pay a license of twenty-five ($25.00) dollars per annum, and those selling goods from vehicles drawn by hand or carried by two or more persons, shall pay a license fee of five ($5.00) dollars per annum. Peddlers or hawkers of meat, fish, game, poultry, oysters, vegetables, fruit, candies, groceries, produce and dairy products from stands, shall pay a license fee of fifteen ($15.00) dollars per annum. Provided, that any person selling produce of his own raising shall not be liable for license for selling, hawking, or peddling the same in any mode or manner in the markets, public streets or alleys of said city. SEC. 2. That section twenty-nine of said act be so amended as to read: Section 29. The owners of all vehicles used upon the streets of the city, shall pay annual license fees, as follows: For each sulky, five dollars ($5.00). For each cab or hack, five dollars ($5.00). For each one horse private carriage, five dollars ($5.00). For each one-horse dray or truck, five dollars ($5.00). For each four-horse wagon used as above, twenty-five dollars ($25.00). For each wagon not before mentioned, drawn by one horse, three dollars ($3.00). Drawn by two horses, ten dollars ($10.00). Drawn by three horses, fifteen dollars ($15.00). Provided, that none of the provisions of this act shall be held to apply to farmers, marketing the products of their farms; nor shall farmers be liable for vehicles or any license whatever for marketing, selling, hawking or peddling the products of their farms, or for hauling any produce into or from said city to the country, in cities of the first grade of the first class; nor shall the provisions of this act be held to apply to gardeners, fruit-growers or florists; nor to any person living without said city and engaged in huckstering and marketing country produce into or from said city; nor to persons engaged in farming, gardening, or huckstering, hauling goods or merchandise to or from said city; nor to |