by the governor of a registered physician on the recommendation of said commission;

Fifth, Appoint, upon the nomination of the medical superintendent, an assistant medical superintendent and necessary assistant physicians (at least one of whom shall be a woman) and steward. All medical officers shall reside continuously at the institution and shall be legally registered physicians; Sixth, Determine from time to time by and with consent of the administrative board, the annual salaries and allowances of the officers of the institution under its charge in such manner as may be provided by law. No officers shall be paid or receive fees, perquisites or further compensation for any services or in any other manner than is provided in this section;

Seventh, Establish such by-laws, rules and regulations as they may deem necessary and expedient for regulating the appointment and duties of officers, attendants, assistants and employes, for fixing the conditions of admission, support and discharge of patients, and for conducting in a proper manner the business of the institutions and also for the internal government, discipline and management of the same;

Eighth, Maintain an effective inspection of the institutions for which purpose they shall be visited once every month by a member of such commission duly appointed by the commission for such purpose, and by the whole commission at least twice a year and at such other times as may be prescribed in the by-laws;

Ninth, Make to the state administrative board in the month of January in each year, a report detailing the operations and actual state of such institutions and the result of their visits and inspections, with suitable suggestions, accompanied by the reports of the medical superintendents and stewards;

Tenth, Keep in a book to be provided for that purpose a fair and full record of all their doings which shall be open at all times to the inspection of the governor of the state and all persons whom he, or either house of the legislature, may appoint, such reports to be published annually by the state hospital commission.

SEC. 3. The officers of each institution shall be the medical superintendent, assistant medical superintendent, the assistant physicians, and steward, all of whom, before entering on their respective duties, shall severally take the oath prescribed by the constitution. These officers and all attendants and assistants and employes actually employed in such insti tutions during the time of such employment, shall be exempt from serving on juries and from all service in the militia; and the certificate of the superintendent shall be evidence of the fact of such employment.

SEC. 4. The hospital commission may divide the state into districts which shall contain, as nearly as may be, a population in number proportioned to the capacity of the several hospitals for the insane, and the several counties shall be so

located in the several districts as to promote, as far as possible, convenience of travel to and from the hospitals to which they are assigned. The said commission shall also have power at any time, and for satisfactory reasons, to transfer any county from one district to another. And whenever hereafter any other hospital for the insane or feeble-minded shall be built, organized and ready to receive patients, the commission shall reconstruct such hospital districts in accordance with the principles herein declared. Patients shall where be sent to the hospital for the insane of the district of which patients sent. the county in which they reside or are inhabitants is a part, if there be room at that hospital to receive them. The said commission may provide for the reception of patients residing in one district by the hospital of another district. The probate court shall not direct the admission of any patient to the hospital of a district other than that of which he is a resident or may be at the time the proceedings are commenced, unless authorized by such commission so to do.

SEC. 5. The medical superintendent of each institution Executive shall be its chief executive officer, and in his absence or sick officer. ness, the assistant medical superintendent shall perform the duties and be subject to the responsibilities of the medical superintendent. Subject to the by-laws and regulations established by the commission the medical superintendent shall have the general superintendence of the buildings, grounds and farm, together with the furniture, fixtures and stock, and the direction and control of all persons therein, and shall:

tion.

First, Personally maintain an effective supervision and in- Supervision spection of all parts of the institution and generally direct and inspecthe care and treatment of the patients. To this end the superintendent shall personally examine the condition of each patient after his admission to the institution, and shall regularly visit all the wards or apartments for patients, at such times as the rules and regulations of the institution shall prescribe and at such other times as he shall deem necessary;

Second, Nominate his co-resident officers, including at least Co-resident one woman physician, with power to assign to them their officers. respective duties subject to the by-laws. He shall have power whenever he shall deem it for the best interests of the institution to suspend until the next meeting of the commission any resident officer;

Third, Appoint, with the approval of the commission, such Assistants. and so many other assistants, attendants and employes as he may deem necessary and proper for the economical and efficient performance of the business. of the institution; prescribe their several duties; fix, with the approval of the commission, their compensation, and discharge any of them. at his sole discretion; but in every case of discharge he shall forthwith report such fact to the commission with the reasons therefor;

Maintain discipline.

Training school.

Employment of patients.

Accounts, etc., kept.

To keep record of patients.

Custodian of moneys, etc.

Steward. duties of.

Fourth, Give such orders and instructions as he may deem best calculated to insure good conduct, fidelity and economy in every department;

Fifth, Maintain salutary discipline among all who are employed in the institution, and enforce strict compliance with his instructions and uniform obedience to all rules and regulations of the institution;

Sixth, Establish and supervise a training school for attendants and nurses under rules and regulations of the institution as approved by the hospital commission;

Seventh, Use every proper means to furnish employment to such patients as may be benefited by regular labor suited to their capacity and strength. No payment shall be made or credit given on account of any labor done by any patient while an inmate of such institution whether public, private or otherwise;

Eighth, Cause full and fair accounts and records of all his doings and of the entire business and operations of the institution to be kept regularly from day to day, in books provided for that purpose, in the manner and to the extent prescribed by the commission and the administrative board;

Ninth, Admit any member of the commission into any part of the institution and exhibit to him, or them, on demand, all the books, papers, accounts and writings belonging to the institution, or pertaining to its business, management, discipline or government, and furnish copies, abstracts and reports whenever required by the commission;

Tenth, Keep a book in which he shall cause to be entered, at the time of the reception of any patient, his name, residence and occupation and the date of such reception, by whom brought and by what authority, and on whose petition the admission was directed, and have all the orders, warrants, requests, certificates and other papers accompanying him, forthwith filed. The order for admission shall be full and sufficient authority and protection to the medical superintendent, or the person acting as such in his absence, for receiving and detaining in such institution the person named therein, and he shall not be liable to any suit or action on account thereof, nor shall he be liable to any suit or action for any act done or omitted to be done by any other officer or subordinate, but he shall be responsible for his own misconduct;

Eleventh, Have the custody of all moneys received by the institution from any source, all bonds, notes and mortgages, securities and other obligations belonging to such institution, and make such disposition of such moneys and other property as may be directed by the hospital commission, under the direction of the state administrative board, or as may be required by law.

SEC. 6. The steward, under the direction of the medical superintendent, shall be accountable for the careful keeping and economical use of all furniture, stores and other articles

provided for such institution, and, under the direction of the medical superintendent, shall:

First, Make all requisitions for supplies, equipment and To make materials for the institution and conform to such regulations requisitions. in regard thereto as are or shall be provided by the state administrative board;

accounts.

Second, Keep the accounts for the support of patients, and Keep expenses incurred in their behalf, and furnish the commission and the medical superintendent when required any and all reports of such accounts;

industrial

Third, Have general oversight and charge of all the indus- Charge of trial departments of such institutions and of its farming departments, operations, and of such other business as may be prescribed etc. by the by-laws or directed by the commission.

SEC. 7. Patients are divided into three classes as follows: Patients, classification First, Public patients, persons who are kept and main- of. tained at the expense of the state, except as hereinafter pro- Public vided;

patients.

Second, Private patients, persons who are kept and main- Private tained without expense to the state;

patients.

patients.

Third, Voluntary patients. The medical superintendent of Voluntary any institution named in this act may, when there is room and ample accommodation for all public and private patients. entitled to admission to any of such institutions, receive and detain as a boarder and patient any resident of this state who is desirous of submitting himself to treatment in such institution as a patient, and who makes written application therefor, and whose mental condition is such as to render him competent to make such application: Provided, The Proviso, approval of the judge of probate of the county in which such approval. person resides shall be obtained in writing, and such patient shall not be detained for more than three days after giving notice in writing of his intention or desire to leave such institution. The rate of charge for such patient shall be the same as that charged for private patients as provided herein. SEC. 8. No person who is a resident of this state shall be Detained only detained as a public or private patient in any institution, public or private, or in any institution, home or retreat for the care or treatment of the insane, feebleminded or epileptic except upon an order for commitment and admission as hereinafter provided: Provided, That Proviso. such persons as may have been or may hereafter be adjudged to be so addicted to the excessive use of intoxicating liquors, or narcotics or noxious drugs, as to be in need of medical and sanitary treatment or care, for whose person a guardian has or may be appointed with power to restrain his said ward in some suitable hospital for treatment, may upon petition of the guardian and by order of the probate court, be taken to or restrained in any suitable institution or hospital for treatmént and care of the insane.

on order.

insane

SEC. 9. Whenever it shall appear to a judge of any court Detention of of record, justice of the peace, or a police justice of any city persons.

Proviso, period of.

Further proviso.

Physician
not to be
trustee, etc.,

cr county where such person may be, upon evidence produced
and from a certificate of two legally qualified physicians, to
be necessary and essential to public safety so to do, said
judge or police justice may authorize any superintendent of
the poor or peace officer of said city or county to take into
custody and cause to be removed to any hospital or other
place of detention, any person believed to be insane against
whom no proceedings have been instituted under this act, and
such person may be detained until such proceedings as here-
inafter provided shall be instituted in the probate court: Pro-
vided, That the period of such temporary detention shall not
exceed five days, unless the probate court shall by special order
enlarge the time: Provided further, That no person arrested
under this act shall be confined in a jail or other lock-up
unless such person manifests homicidal or other dangerous
tendencies.
of insanity, feeble-mindedness,

Certificates of SEC. 10. Certificates
insanity, etc.,
by physicians. epilepsy or mental disease must be made by two reputable
physicians, under oath, appointed by the probate court of the
county where such person resides, or is an inhabitant, to
conduct the examination. The physicians must be permanent
residents of the state, duly registered according to law, have
the qualifications prescribed by the laws of this state for the
practice of medicine and surgery therein, and shall not be
related by blood or marriage to the person to be examined
nor to the person applying for such certificate, and the ap-
pointment of such physician shall be prima facie proof that
such physicians are duly qualified. Neither of such physi-
cians shall be a trustee, superintendent, proprietor, officer,
of institution. stockholder, or have any pecuniary interest, directly or in-
directly, or be an attending physician, in the institution
to which it is proposed to commit such person. Such physi-
cians are empowered to go where said person may be or make
such personal examination of him as to enable them to form
an opinion as to his mental condition, and no certificate shall
be made except after such personal examination. Certificates
of such physicians to authorize commitment must show that
it is their opinion that the person is actually insane, or feeble-
minded, or epileptic, or mentally diseased, as the case may
be, and shall contain the facts and circumstances upon which
the opinion of the physicians is based, and show that the
condition of the person examined is such as to require care
and treatment in an institution for the care, custody and
treatment of such mentally diseased persons. A copy of the
application for commitment of the patient shall accompany
Compensation the order of commitment. Each physician making such exami-
nation and certifying as to the mental condition of such
person, shall, regardless of whether he finds such person to be
mentally diseased or not, be entitled to receive for such ser-
vices a sum of not less than five dollars, and ten cents per
mile for travel necessarily performed in going to the place of

What certificate to show.

for making examination.