ch. 23, § 1. 1. The Dakota Hospital for the Insane, until otherwise provided by law, is hereby established on the southeast Act of 1879, quarter of section No. thirty-six (36), in township Established. No. ninety-four (94), north of range No. fifty-six (56), west, in the county of Yankton, near the city of Yankton. ch. 83, §1 Appointment of trustees. 2. The governor, by and with the consent of the council, shall appoint five persons, residents of this territory, Act of 1881, at least three of whom shall be residents of Yankton county, to be called and known as the Board of Trustees of the Dakota Hospital for the Insane, three of whom shall hold their office for two years and two for four years, and until their successors are appointed and qualified, except to fill vacancies, which shall only extend to the end of the next session of the legislature. In case of any vacancy occasioned by the removal from the territory by such trustee, or death, resignation or non-acceptance of the office, the governor shall immediately fill such vacancy, and unless the person so appointed shall accept the office within twenty days the governor shall immediately thereafter appoint some other person, and each of said members of the said board shall before entering upon the duties of his office, take and subscribe the oath of office required by law, which oath shall be filed with the governor of the territory. Compensation of trustees. 3. The trustees shall be paid at the rate of three dollars per day for the time necessarily incurred in the dis- Ibid § 2. charge of their official duties, and five cents per mile going and returning, necessarily traveled in the discharge of said duties. Upon the presentation of the proper vouchers, containing an itemized statement of the sum due each trustee for services rendered, and for mileage, duly signed by the president of the board of trustees and countersigned by the secretary of the said board, the territorial auditor shall draw his warrant upon the territorial treasurer therefor, to be paid out of the territorial treasury. Ibid § 3. 4. The trustees shall elect a president and secretary from their own number, whose term of office shall be for one year, or until said board shall elect their suc- board, and cessors. They shall make a record of their proceedings at all meetings in a book kept for that purpose; and at their annual meetings next preceding the regular sessions of duties. the legislature, they shall make a report to the governor of the condition and wants of the hospital, which shall be accompanied by a full and accurate report of the superintendent, which shall show the annual cost per capita of the inmates, and the per cent. of discharges and recoveries, and a detailed account of all moneys received and paid out by the steward, and shall have not less than five hundred copies of said report printed. Act of 1881, p. 199. 5. Resolved, That there be ordered printed for the use of the members of this legislative body, the council ch, 25, res. 1., concurring, 500 copies of the report of the trustees What resolu- and wardens of the insane asylum and 500 copies printed. of each of the reports of the territorial auditor and territorial treasurer, and that the same be paid for out of appropriation for printing. tions to be Act of 1881, ch. 83, § 4. Fiscal year and annual meeting. Ibid § 5. to appoint of cers, adopt 6. The fiscal year of the hospital shall close on the thirtieth day of November each year, and the annual meetings of the board of trustees shall be on the first Wednesday of December thereafter at the hospital. Special meetings for the appointment or removal of resident officers, or for the transaction of general business, may be held in any convenient place, upon the written request of the president or any three members of the board; three members of the board. shall constitute a quorum for the transaction of business. 7. The board of trustees shall have the general control and management of the hospital; shall make all by-laws, rules and regulations necessary for the government of the same, not inconsistent with the laws of the territory; they shall appoint a superintendent, who shall be a physician of acknowledged skill and ability, a graduate of a reputable regular medical college and of unimpeachable moral character; one or more assistant physicians when they shall deem such appointment necessary, a steward and a matron, all of whom shall be styled the resident officers of the hospital and shall reside therein, and shall be governed by the laws and by-laws established by the same. Said board shall fix from time to time the compensation of the employes of the hospital, and certify the same to the territorial auditor; the salaries of the resident officers of the "Dakota Hospital for the Insane" shall be per annum as follows: superintendent, $1500; salaries. steward, $1200; matron, $500; and assistant physician, when such officer is appointed, $750. These salaries shall be paid monthly as provided in section 11 of this act. Act of 1879, ch. 23, § 14. 8. The board of trustees shall provide a seal, upon which shall be inscribed the name of the hospital, to wit: "The Dakota Hospital for the Insane," with the name Hospital seal. of the territory, with such other words and devices as they may deem appropriate. Act of 1879, ch. 23, § 8. 9. The board of trustees may take in the name of the territory and hold in trust for the hospital, any land conveyed or devised, and any money or other personal property given or bequeathed, to be applied for any purpose connected with the institution. hold lands, etc. erected, or Act of 1881, Authority of constructing ch. 83, § 6. trustees in new build 10. Whenever any additional building is to be extension, alterations or repairs to be made in connection with the hospital, the board of trustees shall have authority to procure all necessary plans, drawings and specifications for such building, alterations ings. or repairs; to advertise for proposals for the erection and completion thereof, in such manner as may be most advantageous, and to contract with the lowest responsible bidder therefor, such contractor in every case to give adequate security for the faithful performance of his contract; to appoint and discharge a building superintendent, who shall superintend the work and perform such other duties as they may require, and receive such compensation as the board shall determine, and to examine and certify the correctness of the estimates and accounts for work under the contract, and of their superintendent and employes. ch. 23, § 9. party to 11. No trustee or officer of the hospital shall be either directly or indirectly interested in any contract Act of 1879, for the purchase of building material, supplies Shall not be or any other article for the use of the institution. contract. 12. No trustee shall be eligible to the office of steward or superintendent of the hospital during the term for which he was appointed. bid § 10. Trustee not eligible to other office. Act of 1881, 13. One or more of the trustees shall visit the hospital monthly, and the president of the board, with the superintendent, shall make monthly examinations of the accounts of the steward and certify their ch. 83, $7. examinations. Visits and approval or otherwise on the same page with his monthly balances. Act of 1879, ch. 23, § 15. vertise for sup 14. The board of trustees shall advertise quarterly for proposals for all supplies necessary for the patients Trustees to ad. and employes of the hospital, and shall award the plies quart'ly. contract to the lowest responsible bidder, reserving the right to reject any and all bids. The party to whom such contract shall be awarded shall give a bond, approved by the board of trustees, to the territory of Dakota, for the use of the hospital, conditioned for the faithful performance of such contract. Act of 1881, ch. 83, § 8. ties of the 15. The superintendent of the hospital shall before entering upon the duties of his office, give a bond to the Bond and du territory of Dakota in the penal sum of twentysuperintend't. five hundred dollars, conditioned that he will faithfully and impartially discharge the duties of his office according to law and the by-laws of said hospital, to be approved by said board, and take and subscribe an oath faithfully and diligently to discharge the duties required of him by law and the by-laws of the board of trustees, which bond and oath shall be filed with the treasurer of the territory; he shall be the chief executive officer of the hospital, and have entire control of the medical, moral and dietetic treatment of the patients; he shall exercise entire control over all subordinate officers; he shall employ all employes and assistants necessarily connected with the institution below the grade designated in the by-laws as officers; and may discharge any employe at will and suspend any resident officers of the hospital except the steward, being responsible to the board for the proper exercise of that duty in regard to officers. 16. The steward shall execute a bond to the territory of Dakota for the use of the hospital in such sum as may be fixed by the board, to be approved by the board, conditioned that he will faithfully perform the duties of his office and pay over and account for all moneys that shall come into his hands; which bond shall be filed with the secretary of this territory. Upon authority granted by the board he may draw from the territorial treasury, upon his order, approved by the superintendent and president of the board, and under the seal of the hospital, from time to time, Act of 1879, ch. 23, § 11. Steward's bond and duties. from the appropriations made by the legislative assembly for that purpose, such sums as may be requisite to meet the current expenses of the hospital. Upon the presentation of such order to the territorial auditor he shall draw a warrant upon the territorial treasury for the amount therein specified. No part of the money drawn for current expenses shall be used in making improvements. Money appropriated for the purpose of building or other improvements shall in like manner be drawn from the territorial treasury by the steward of the hospital; provided, that an itemized account shall be presented and filed with said auditor before auditing any account under this act. Act of 1881, 83.$9. Duty of steward. 17. The steward shall keep the accounts, pay those employed in and about the hospital and have a personal superintendence of the farm, garden and grounds, and perform such other duties as are assigned him by the by-laws of said hospital or by the board of trustees. 18. Under the direction of the superintendent the steward shall purchase all supplies, upon the best possible terms and lowest cash value; he shall see that the grounds, buildings and all other property belonging to the hospital are properly preserved and kept in order, and shall perform such other duties as may be required of him by the superintendent and board of trustees. bid § 10. Steward shall make purchases. Ibid § 11. keep accounts, ly statements, etc. balance 19. He shall keep an accurate account, in detail, which shall always be open to the inspection of the superintendent and board of trustees, and these accounts shall be carefully balanced on or before the fifteenth day of each month and closed biennially on the thirtieth day of November, next preceding each regular session of the legislature. There shall be provided and submitted for the inspection of the superintendent and board of trus- To prepare tees, on or before the fifteenth day of each month, an sheets. original and duplicate balance sheet, which balance sheet shall show the balance of appropriations in the territorial treasury to be applied to the maintenance of the patients or to the general use of the hospital, or from any source whatever; these balance sheets shall also show a detailed statement of all receipts and disbursements during the month, and to what appropriation each belongs, together with the name of each payee |