and for the burial of the dead from the various public institutions of the state, in the subdivisions set apart by them for that purpose, and to do and perform such other duties, consistent with the objects herein contemplated, as they shall deem necessary for the good government of the same.

5128 SEC. 8. [Soldiers', etc., burial place.] That a piece or parcel of land not exceeding in extent one acre not otherwise used or appropriated, in such place and in such form as shall be selected and agreed upon between the trustees or Wyuka cemetery and a committee to be selected by the Grand Army of the Republic of Lincoln, Nebraska, is hereby appropriated and dedicated, to the use and for the purpose of a soldiers' burial ground, said grounds to be selected in the above described, out of the south half of the east half (2) of the southeast quarter (1) of section nineteen (19), township No. ten (10), range seven (7), east of the sixth P. M., otherwise known as Wyuka cemetery; and said plot of ground shall be used for the burial of all such honorably discharged soldiers, sailors, marines, and army nurses as they or their friends shall desire to bury therein, together with such members of their immediate families, as said committee from the Grand Army of the Republic shall direct. [1893, chap. 34, § 1.]

5129 SEC. 9. [Same-Control.] Said soldiers' burial ground shall be under the joint control of the board of trustees of Wyuka cemetery and such committee as shall be designated by the Grand Army of the Republic of Lincoln, Nebraska, and shall be at all times subject to all rules and regulation of Wyuka cemetery. [Id., § 2.]

CHAPTER 84a.-STATE HISTORICAL SOCIETY.

5130 SECTION 1. [Organization.] That the "Nebraska State Historical Society," an organization now in existence-Robt. W. Furnas, president; James M. Woolworth and Elmer S. Dundy, vice presidents; Samuel Aughey, secretary, and W. W. Wilson, treasurer, their associates and successors-be, and the same is hereby recognized as a state institution. [1883, chap. XCV.]

5131 SEC. 2. [Reports.] That it shall be the duty of the president and secretary of said institution to make annually reports to the governor, as required by other state institutions. Said report to embrace the transactions and expenditures of the organization, together with all historical addresses, which have been or may hereafter be read before the society or furnished it as historical matter, or data of the state or adjacent western regions of country.

5132 SEC. 3. [Same.] That said reports, addresses, and papers shall be published at the expense of the state, and distributed as other similar official reports, a reasonable number to be decided by the state and society, to be furnished said society for its use and distribution.

SECS. 8, 9. "An act appropriating and setting ceased union soldiers of the war of the rebellion." CHAP. 84a. "An act to aid and encourage the See also secs. 14 and 15, chap. 85.

aside certain lands in Wyuka cemetery as a burial place for deLaws, 1893, chap. 34. Passed and took effect March 15, 1893. Nebraska State Historical Society.'" Laws, 1883, chap. XCV

CHAPTER 85.-STATE LIBRARY.

5133 SECTION 1. [What shall constitute.] That the books, pamphlets, maps, and charts, belonging to the state, now in the state library, or which shall hereafter be added to the same, shall constitute the state library. [1871, § 1, 52.]

5134 SEC. 2. [Divisions.] There shall be two divisions of the state library, one of which shall embrace all miscellaneous works, books, pamphlets, maps, and charts, and the statutes and other books required by law to be deposited in the office of the secretary of state, and shall be known as the miscellaneous division of the state library. The other shall embrace all books of reports, and other law books, and shall be known as the law division of the state library.

5135 SEC. 3. [Directors.] The governor, secretary of state, and auditor shall constitute a board of directors of the miscellaneous divisions, and the judges of the supreme court shall constitute a board of directors of the law division of the state library.

5136 SEC. 4. [Rules.] Each board of directors shall have power to make such rules not inconsistent with this act, for the regulation of the division of the library under their direction, as they may elect proper, and may prescribe penalties for any violations thereof, which shall be collected in the same manner as for the non-return or injury of any books.

5137 SEC. 5. [Who may take books.] Books may be taken from the state library by the members of the legislature and its officers, during the session of the legislature, and by the officers of the executive department of the state, and judges of the supreme court and district courts; and no other person shall be permitted to take or detain from the library more than two miscellaneous works at any one time, or take the same away from the capitol.

5138 SEC. 6. [Register of books loaned.] Each librarian shall cause to be kept a register of all books issued and returned at the time they shall be so issued and returned, and none of the books, except the laws, journals, and reports of this state, which may be taken from the library, shall be detained more than ten days, and all the books taken out by officers or members of the legislature shall be returned at the close of the session.

5139 SEC. 7. [Failure to return books.] If any person injure or fail to return any book taken from the library, he shall forfeit and pay to the librarian of the division to which it belongs for the use of the library double the value thereof, or of the set to which it belongs, if a set is broken by its loss, to be recovered in an action in the name of the people of the state, in any court of competent jurisdiction; and before the auditor shall issue his warrant in favor of any person authorized to take books from the library for the value of his services or amount of his salary, he shall be satisfied that such person has returned all books taken from the library, or settled for the same; otherwise he shall deduct all accounts for the detention or injury of such books.

5140 SEC. 8. [Librarian's report to governor.] Each librarian shall, on or before the 20th day of December in each year, report to the governor the condition of the division under his charge, stating the number of volumes contained therein, the number of volumes purchased during the past year, and the cost thereof, the number of volumes received by donation, the number of volumes injured or not

CHAP. 85. "An act regulating the State Library." Laws, 1871, p. 52.

SEC. 2. Words designating secretary of state and clerk of supreme court as librarians omitted, as abrogated by constitution, art. VI, § 8.

returned, if any, and the amount received in compensation therefor, and such suggestions and further information as may be deemed by him desirable.

5141 SEC. 9. [Annual appropriation.] Two hundred dollars shall be annually paid out of the state treasury for the use of the library, one-half to each division, which amount, together with the amounts received from fines and forfeitures, under this act, shall be annually expended in the purchase of additional books, under the direction of the board of directors.

5142 SEC. 10. [Books stamped and marked.] It shall be the duty of each librarian to cause each book in his division to be labeled with a printed or stamped label containing the words "Nebraska State Library," and also to write the same words on the thirtieth page of each volume.

5143 SEC. 11. [Books-Sale-Exchange.] The directors of the law division of the state library may sell or exchange any surplus or duplicate sets of reports or law books in such division of the library, and use the money arising from such sale in purchasing other law books or reports for such library.

5144 SEC. 12. [Books-Removal-Penalty.] If either librarian shall permit or allow any person not authorized by this act to remove a book from the' library, he shall be liable, on conviction thereof, to pay a fine of not less than five nor more than fifty dollars for every book so taken.

5145 SEC. 13. [Same-Penalty.] If any person not authorized by this act shall take a book from the library, either with or without the consent of the librarian, he shall, upon conviction thereof, be fined in any sum not less than ten nor more than fifty dollars for every book so taken.

5146 SEC. 14. [Distribution of publications to other states.] That the librarian of the law division of the state library is hereby authorized and required to send one copy each of all law reports, session laws, journals of senate and house of representatives, and any other books and pamphlets hereafter published for the use of the state of Nebraska, to every one of the states, for the use of their respective library's. [1871, § 1, 55.]

5147 SEC. 15. [Exchange of publications.] To enable the state library and the Nebraska State Historical society to augment their respective collections by effecting exchanges with other societies and institutions, the State of Nebraska hereby donates to the state library two hundred (200) bound copies of each of the several publications of the state, its officers, societies and institutions, except the reports of the supreme court; and to the Nebraska Historical society fifty (50) volumes of the same publications as the same shall be issued. [1893, chap. 35, § 1.]

5148 SEC. 16. [Same-Deposited by officers.] It is hereby made the duty of the secretary of the state, or other officer having custody of any of the said publications, to deliver the number of copies of the same above specified, on the issuance of said publications to the state librarian and the secretary of the Nebraska State Historical society respectively. [Id., § 2.]

SECS. 14, 15. "An act to assist the state library and the 'Nebraska State Historical society' to augment their collections." Laws, 1893, chap. 35. Took effect Aug. 1, 1893.

CHAPTER 86.-STATE PENITENTIARY.

5149 SECTION 1. [Officers.] The officers of the penitentiary shall consist of one warden, who shall be principal keeper of the penitentiary and clerk of the board of inspectors; one deputy warden, who shall be chief turnkey, and both of whom shall reside at the prison; one physician, and one chaplain, and such number of assistant keepers and guards as the warden and inspectors shall deem requisite. [1870, § 15, 29.]

5150 SEC. 2. [Warden.] The warden shall be appointed by the governor, by and with the consent and advice of the senate, and shall hold his office for the term of two years, and until his successor shall be appointed and qualified, unless sooner removed by the governor. [Id., § 16.]

5151 SEC. 3. [Other officers-Appointment.] The chaplain and physician shall be appointed by the board of inspectors, and shall hold their respective offices during the pleasure of the board; the deputy warden, and assistant keepers and guards shall be appointed by the warden, with the assent of the inspectors, and shall hold their offices during the pleasure of the warden. [Id., § 17.]

5152 SEC. 4. [General oversight by board-Reports.] The inspectors, from time to time shall inquire into and examine all matters connected with the government, discipline, and police of the penitentiary, the punishment and employment of the prisoners confined therein, and they may, from time to time, require reports from the warden in relation to any and all of said matters. [Id., § 18.]

5153 SEC. 5. [Same.] They shall inquire into any improper conduct alleged to have been committed by the warden, or any other officer of the penitentiary and for that purpose the president of the board has power to issue subpoenas to compel the attendance of witnesses and the production of papers and writings before them, in the same manner, and with the like effect as in cases of arbitration. [Id., § 19.] 5154 SEC. 6. [Same-Examine witnesses.] The inspectors may examine any witnesses who appear before them on oath to be administered by the president of the board, or, in his absence, by any other inspector. [Id., § 20.]

5155 SEC. 7. [Inspection by board.] The warden and other officers of the penitentiary, at all times shall admit the inspectors, or either of them, into every part of said penitentiary, exhibit to them, or either of them, on demand, all the books, papers, accounts and writings pertaining to the penitentiary, or to the buisness, government, disciplen, or management thereof, and render them every other facility in their power to enable them to discharge their duties under this title. [Id., § 21.]

5156 SEC. 8. [Officers furnished copy of rules.] A printed copy of the rules and regulations of the penitentiary shall be furnished to every officer and guard of said penitentiary, at the time he is appointed and sworn. [Id., § 24.]

5157 SEC. 9. [Warden's daily journal.] The warden or deputy warden shall keep a daily journal of the proceedings of the penitentiary, in which he shall note all infractions of the rules and regulations of the penitentiary, by any officer or guard thereof, and make a memorandum of every complaint made by any convict of cruel or unjust treatment by any officer of the penitentiary, or a want of

CHAP. 86. "An act to provide for the erection of a penitentiary and for the care and custody of state prisoners.' Laws, 1870, 25. Took effect March 4, 1870. All the provisions of the original act providing for the erection of building, sale of lands granted by U. S., duties of original inspectors, and subsequent acts relating to taxes, are omitted. Duties of inspectors now devolve on board of public lands and buildings.

SEC. 3. The power of appointment and removal under Const. 1875 vests in the governor. 7 Neb., 44.