Vol. 3

North Carolina Stat• Library

Raleioh

OF THE

North Carolina State Board of

Charities and Public Welfare

RALEIGH, N. C.

First Quarter- January-March, 1920

T JE. C I

,..

No. 1

LAWS GOVERNING PUBLIC WELFARE WORK

1. State Board of Cha1·ities and Public Welfare.

2. County Boards of Charities and Public Welfare.

3. County Superintendent of Public Welfare.

4. The State's Prison and Laws Relating The1·eto.

5. Advis01·y Board of Parole.

6. Reg1llations Regarding County Prisons and Pl'isoners.

7. Laws and Agencies for the Pl'otection of hildren.

8. Compulso1 y School Attendance and Child Labor Law.

9. Provisions for the Insane.

10. Care of the Pool' by tlie County.

l l. Laws Relating to Morals and Venereal Di. ea. es.

1 E CH

Published Quarterly for Free Distribution

N. C.Doa.

FOREWORD

ounty uperintendent of Public Welfare, Juvenil ourt Judo-e., ancl

other . will find in thi. copy of the BuLLETrn th law governing th variOU"'

11ha. , · of their work a· th y now exi. t. Study them car fully and file thi..;

vrimphl t for con. tant futitr refer 11 ·e.

THE BULLETIN

Members of State Board of Charities and Public Welfare

W. A. BLAIR, Chairman, Winston-Salem ..... _. .............................................. Term expires April 1, 1923

CAREY J. HUNTER, Vice Chairman, Raleigh .............................................. Term expires April 1, 1921

A. W. MCALISTER, Greensboro ........................................................................ Term expires April 1, 1923

REV. M. L. KESLER, Thomasville .................................................................. Term expires April 1, 1925

MR.s. THOMAS w. LINGLE, Davidson ............................................................ Term expires April 1, 1925

MR.s. WALTER F. WOODARD, Wilson .............................................................. Term expires April 1, 1925

MRS. J. W. PLESS, Marion ............................................................................ Term expires April 1, 1925

R. F. BEASLEY, Commissioner of Public Welfare, Raleigh

January-March, 1920

Admitted to U. S. mails as econd-class matter.

THE STATE BOARD OF CHARITIES AND PUBLIC

WELFARE ·

[AUTHORIZED BY CHAPTER 170, LAWS 1917, AND AMENDED BY CHAPTER 46, LAWS OF 1919.]

There shall be elected by the General A embly, upon the recommendation

of the Governor, seven per on who shall be styled "The State Board of

Charities and Public Welfare," and at least one of such per on shall be a

woman, which per. on hall erve without pay: Prov'iiled, however, that they

shall receive their nece sary expen es. At this se ion (1917) of the General

As embly all ·even of said members hall be elected, three for a term of two

year. two f r a term of four year , and two for a term of six year , and

thereafter the term shall be si:s: years for all. That such election shall l.Je by

concurrent vote of the General As embly, and that appointments to fill vacan­

cies in the board ari ino- from any cau ·e what oever, except expiration of term,

hall be made for the re idue of u h term by the Governor.

The board �hall hold meetin at least quarterly, and whenever called in

session by the chairman, and hall make such rules and orders for tlie regula­

tion of its own proceedings a it deems proper.

It shall have the power to employ a trained inYe tigator of social ·ervice

problem., who shall be known as the Commissioner of Public Welfare, and to

employ such other in pector , officers, and agents a it may deem needful in

the discharge of its duties. (Par. g, sec. 3914.)

Investigation and Supervision of State Institutions

The State Board of Charities and Public Welfare shall have the power to

inve tiga te and sup rvi ei through and by its own members or its agents or

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employees the whole system of the charitable and penal institutions of the State and to recommend such changes and additional provisions as it may ckt·m

needful for their economical and efficient administration. It hall have power to i ue ubpcena. and compel attendance of witne S(•s,

admini ter oaths, and to end for persons and paper. whenever it deems it

neces ary in making the investigations provided for herein or in the other

discharge of its duties, and to give such publicity to its inve tigations and finding as it may deem best for the public welfar .

The board may require the superintendent or other officers of the several

charitable and penal institution of the State to report to them of any matter relating to the inmates of such institution , their manner of in truction and treatment, with structure of their building , and to furnish them any desired

stati tics upon demand. No person shall be appointed to any place or po Won

in any of the State in titutions under th upervi ion of the State Board \Tho

is related by blood or marriage to any member of the State Board or to a 11.r

of th principal officers, superintendents, or wardens of State in titutions.

To Inspect County Institutions

The State Board shall have power to inspect county jails, county homes, and all prisons and pri on camps and other in titutions of a penal or charitabl nature, and to require reports from sheriff of countie and superintendents of public welfare anrl oth r county officers in regard to the condition of jail.·

and almshouses, or in �-egard to the number, sex. age, physical and mental con­dition, criminal record, occupation, nationality, and race o� inmates, or su<'h

other information a may be �-equirecl by said State Board. The plans and specifications of an new jails ancl almshouses shall, before the beginning of tlie construction thereof, be submitted for ap1 roval to the State Board.

To In pect, License, and Report on Institutions and Agencies for Children

The State Board shall study and promote the welfare of the delinquent an<l

dependent child and provide either directly or through a bureau of the board for the placing and upervi ion of dependent, delinquent, and defective children.

It shall have power to inspect and make report on private orphanageH,

institutions, maternity homes, and person or organizations receiving or placing children, and uch institutions hall ubmit such reports and information no-:

may be required by the State Board. It shall be unlawful for any per on.

in titution, or oraanization, for the purpo e of caring for or placing children.

to carry on such work or business without license therefor from the StatP Board of Charities and Public Welfare. The said Board of harities all(l Public Welfare is hereby empowered to grant licen e for one year to such

institution , per ons, or a o-encies to carry on such work as it believe is need 11 and i for. the public good, and i conducted by reputable persons or organiza­tions, and the State Board of Charitie and Public Welfare may revoke su ·h license when in its opinion the public welfare or the good of the children

therein is not being properly subserved.

Other Powers and Duties of State Board

To issue bulletins and in other ways to inform the public as to social condi­

tions and the proper treatment and remedies for social evils; and such bulle-

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tins hall be printed by the public printer to such amount and to such extent

as may be a1 proved by the State Printing Committee.

To tudy the subjects of nonemployment, poverty, vagrancy, housing condi­

tions, crime, public amu ement, care and treatment of prisoners, divorce and

wife desertion, the social evil, and kindred subjects and their cause , treat­

ment. and prevention, and the prevention of any hurtful social condition.

To recommend to th Legislature social legi la tion and the creation of

nece sary in titution .

To encourage employment by countie of a county superintendent of public

welfare and to cooperate with the county uperintendent of public welfare

in every way possible.

'l'o attend, either through it· member or agents, ocial ervice conventions

and similar convention . and to a i t in promoting all helpful publicity

tending to improve ocial condition::; of the tate, and to pay out of the fund

approprin t cl to the State Boa.rd, office expense , alaries of employee., and

all oth r e ·p nsc incmT d in carrying out the duties and power hereinbefore

et out.

Whenever the board hall have rea on to believe that any insane per on,

not incurable, i deprived of proper remedial treatment, and is confined in any

alm house or other place, whether uch insane person is a public char"'e or

otherwi ·e, it shall be the duty of the aid board to cau e su h insane person

to be onv Jed to the proper State ho pital for the in ane, there to receive the

be. t medical attention. o al o it ,·hall be their care that all the unfortunate

hall receive benefit from the charitie of the State.

Tb board :hall al o criv

or lo s of the , everal en e

pe ial attention to th cau es of in anity, defect

idiocy and the deformity and infirmity of the

pby. ical organization. They �hall, be�ide th ir own observation, avail them­

s lv of orrespondence and exchange of facts of the labor of others in th e

department . and thus be able to afford the General Assembly data to guide

them in future legi lation for the am lioration of the condition of the peo1 l ,

as well a. to contribute to enlighten public opinion and direct it to intere ts

o vital to th P'O perity of the State. The State Board shall keep and report

. ta.ti tic of the matter hereinbefore referred to and shall compile these

report and analyze them with a view of determining and removing the cau e

in ord r to pre,ent crime and distre, ..

The State Board shall biennially prepare and ·ubmit to the General A em­

bly a ·ompl t and full report of it doing· during the pre eding two y ars,

bowing the a tual condition of all the tate in titution under its upervi ion

with . u h Rugge.�tion a. it may de m nece sary and pertin nt, which shall be

printe l by th State Printer, and shall report su 11 other matters a. it may

think for the h nefit of tbe people of the State.

COUNTY BOARDS OF CHARITIES AND PUBLIC WELFARE

The State Board hall a11point in each county three per on , to be known

a the ounty Board of harities and Public Welfare, who e duty shall be to

advise with and assist the State Board in the work in the county, to make

such visitations and reports as the State Board may request, and to act in a

general advisory capacity to the county and municipal authorities in dealing

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with questions of dependency and delinquency, distribution of the poor fund.·,

and social conditions generally. The members of the County Board of Chari­

ties and Public Welfare shall serve without pay. The State Board hall hav

power and right at any time to remove any member of the county boa rd.

The members of the county board shall be appointed, one for one year, 0111

for two years, and one for three year , and ubsequent appointment .·hall lw

for three years. The member of the county board hall organize immediatel.,

by electing a chairman, and the county uperintendent of public w ]fare .·ha1 1

act as secretary of the board.

The county board shall meet at lea t monthly with the county sup rintencl­

ent of public welfare and advise with him concerning the duties and problem-:

of his office. In those countie where the population is not more than twenty­

five thousand the county uperintendent of • ublic in truction may be a1J1 ointed

uperintendent of public welfare but no person shall be appointed count:;

uperintendent of public welfare who ha not a certificate of qualification from

the State Board of Charitie and Public Welfare. In counties wh re there art>

cities which already have a local board of welfare or other ocial ag n ie .. 01

which may wi h to e tabli h such, th governing bodie of uch citie. may

make such arrangement with the county commi ioners to on olidat thv

work under the authority and upervi ion of the county board of charities and

1 ublic welfare a may be mutually agreed upon with ucb division of expense:-:

a may be equitable. The governing bodie of su h cities and the ounty ·om­

mi ioner are authorized to make . uch provi ion for the expen. e of arryin 1•·

on the work a they may deem advi abl , and may delegate to the ounty boanl

of haritie and public welfare n ces ary pow r.

THE COUNTY SUPERINTENDENT OF PUBLIC WELFARE

'Ih county ·ommi , ioners and county boa rel of education in ea ·h ounty

··hall in joint e ion, not later than July 15th, nineteen hundred and nineteen.

appoint a county uperintendent of public welfare who shall .-erv at th

plea ure of aid board , and who e alary ball be fixed and pai l jointly from

the public fund of �aid board . The c unty uperintendent of public welfar

hall be the hief chool attendance offic r of the county, and haH hav other

dutie and power as follow :

(a) To have, under control of the county ommi ioners. the ar nntl super­

vi ion of the poor. and to ad mini ter the poor fund .

( b) To act a ag nt of the State Board in relation to any work to he clon

by the State Board within the county.

(c) nder th dire tion of th State Board to look after and keep up with

di hara- d from h pital for the in. an ancl from

county on pa.rol from 11euiten­

tiarie , reformatori s and all parole pri.-oner in the ounty.

(e) To have ov r. ight of dependent and delinquent children. and e,·pe iall.r

those on parole or probation.

(t) To have o,er. io-ht of all prisoners in the county on probation.

(g) To promote whol som recreation in the county and to enfor e uch

law and regulate commercial amusement.

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( h) Under the dire ·tion of the State Board to have over iaht of dependent

children plac d in aid county by the tate Board.

( i) To a i t the State Board in finding employm nt for the unemployed.

(j) To inv tigate into the cau. e of di. tre s, under the direction of the State

Board. and to make uch oth r inve tigations in the interest of social welfare

a the tate Board may clir ct.

He ball be the chief probation offi er of the county (Juvenile Court Act)

and be u ed by the State authorities in carrying out the child labor law and

the in. pe ·tion of manufacturin� and business plant. ( hild Labor Law).

THE STATE'S PRISON AND LAWS RELATING THERETO

THE STATE'S PRISON

Tll .__'tate· Prison i · incorporated and i managed by a board of five

dire tor·. ar pointed for four year by the Governor with the approval of the

enate ancl r movable hy him for caus . .All ar point d at the same time and

term of offi begin on th 15th of Mar h after appointment. Vacancie

filled hy th board.

Dir ·tor.· may hold no oth r ofti e onnected with the prison or sell supplie

to it; re· irn four dollar::,; per day and xpen ·e when in discharge of their

dutie1-:. Employ all ervants and agent. , including uperintendent; pre cribe

th ir cluties. and fix compen ation.

TREATMENT, HA DLING, A D WORK OF PRISONERS

HAPTER 2 6, PUBLIC LAWS 1917, AS AMENDED BY CHAPTER 80, PUBLIC LAWS 1919.)

E TIO� 1. That all per on convicted of crime in any of the court of thi Stat who�e · ntence .-hall be for five year or more hall be ent to the State Pri. on or tate Penitentiary.

SEC. 2. The board of directors of the State Pri on hall not, nor shall any other authority whatsoever make any contract by which the labor or time of any vrLon r r convict entenced to the State Penit ntiary or pri on or re­formatory, or the product or profit of his work, hall be contracted, let, farmed out, aiven or sold to any per on firm, association, or corporation. itnle s said ·onvicts shall be fed and clothed by the Prison and shall be quartered, guarded,

and ivorkecl under the sole sitpervis-ion and control of the Prison directors;except that the said pri oner or convict may work for and the product of hisJabor may be di posed of to the State or for or to any public institution ownedmanaged, or controlled by the State. or for or to any county of the State:Prov,ided, the products of the tate farms may be old in the open market forthe purpose of making the State Prison elf-supporting, as contemplated. bythe Constitution; and, Prov-idea, that this section shall not apply to any bonctfide contract already made by the State with any per on, firm, or corporationfor the u e of prisoners or convicts, if uch contract is in force.

EC. 3. The board of director of tbe State Pri on hall, throuah the uper­intendent, warden , manag r , or official of the penitentiary, State farm, or reformatorie in the tate, o far a i practicable, cause all the prisoner in aid institution who are physically capable thereof to be employed at useful labor not to exceed ten (10) hour of each day, other than Sundays and public holiday : Provided, thi shall n0t apply to work on the State farm; and, Provided further, that not more than nine hour work shall be permitted when pri oners are hired to private per ons, firms, or corporations: Provided further, this hall not apply to existing contracts heretofore made by this State.

SEc. 4. That the board of directors of the State Pri on shall direct the classification of all male pri oners committed to their charge into three classes

or grade , as follow. : In the fir t cla hall be included all tho pri. ·oners who have given eviden that they will, or whom it i believed will, ob erve the rule and regulation and work diligently, and nre likely t maintain them elves by hon t in.du. try after their di charge; in the ·e ond la 'S shall be included those pri oners who have not a yet given evidenc that they can be trusted, but are competent to work and are r a on.ably obedient to thl' rules and regulations of the in titution · and in the third cla . ball be thc»:i' pri oner who have demon trated that they are incorrigible, have no r ped for the rule and r o-ulations, and eriou ·ly interfere with the di.·cipliue aml the effectivenes of the labor of the other pri oner . The men of th first ·Ia. ·s hall be known a honor men, and when group d together in camp a. herei11-

after provided for, the camp shall be known as an "honor camp." and they shall wear a distinctiv but not very con picuous uniform, and hall he worketl without guards, and when in prison or amps, or in any other plac of detei,­tion, they hall not be chained or under armed guard. at nio-ht. The men <,i the second cla s hall wear a con. picuou. uniform, and shall be work d umk,.

armed guard , but hall not wear chains whil at work, but mar or mar not be chained at night in the di. cretion of the ·uperintendent. Th men of Uw third cla ball be dre secl in tripe , hall be work d under armed guanl". wear chain during the day wh never thi i con id r d ne 1'.·nr.,·. and 1,,, chained at night when in camp, and hall be worked a. far n · pmdhle in tockades, inclo ing r k quarrie , but may be worked on publi rond:-; in ·am1>.:

containing only thi cla s of m n. at th di cretion of the up rintendent. or that may hereafter b made by the General A s mbly: Providecl, thnt t1/r>

cla sift.cation of male pr,isoners shall apply to female prisonei· in so far as i!

relates to commutation of tvrne and pay for their work; and prov id cl f urthe, . that honor men may be wori ed wher ver any worlc is bei,ng can·i 'd on by tlt · Priso1i. provided their vrivileges a;nd vmrn;un'ities as set forth in thi0 8 ctio.1

arr> in 110 w·i e abriclged. EC. 5. Per on sentenced to the penitentiary or State Pri. on for the tir�r

time shall be placed in the fir t or second cla s, but the a ignm nt of n pri. oner to any one of the three classe referred to in thi. act hall not I'"

onsider d to mean that uch pri oner mu t remain in aid la .. for a prb­oner may be chano- d from a lower to a hio-her cla s or from a higher to :1

lower cla , d pending upon the behavior of aid prisoner, and it hall be t111' purpo e and intent of this act to direct the board of directors of the Stati• Prison to ncourage and a si t the men to o improve them. lv that tll y can be tran�ferred from a lower to a higher cla s or grade.

SEc. 6. The men of the first class shali be alwwed a co-nvmutatio11 of thci·· entence of one hundred and fo1ir days per each year erved, and the men, 0.1

the second class shall be allowed a commiitation of their sentence of sevcntu­eight day for each year they serve, cvnd the men of the th•ird la ·. shall lJ, · allowed a mnniitfation of the-ir sentence of fifty-two days for eci h yfJar th !I serve: Provided, that if a man r 11iains in the third cla for thr e continiwu.: years, he shall not be allowed C111iy f1trther con1tiniltat-ion of t&nie: Pro· ·icled·

further, that in the vent any vri oner hall be sentenced for a lcs pcriocl or time than one year said prisoner shall be entitlecl to a proportionat comnwta­tion of hi sentence. The men of the fir t cla s shall be allowed fifteen cent.· per day for each day they work, and tho e in the econd cla ten ents 11 ;· day, and tho e in th third cla · five cent per day for each day th y work . and said um hall, in case the pri oner ha a family which was clep ude111 upon him, be paid monthly to uch family. In ca e the pl'i on r ha no family, then the money earned by said pri oner shall become accumulative. to be paid over to aid prisoner at the time of his di charo-e, or to be drawn upon by aid pri on r for the pur base of uch thing a · th pri -·oner may de ire and for other purposes, by and with the approval of the ·uperintendent. All Ute pr•i oner haZl receive four cent per day for each day' they 1vork. This a;mount to be vzaced to their credit on the books of the instit·iition, one­half of which may be drawn out seniiawnually and used as they see fit, and the other half to nmUl!io1, to their cred;i,� on the boolcs of the institmion and paid to them in case they are pardoned.

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SEC. 7. It hall b unlawful for the board of dire tor. of the tat Prisoll to whip or flog or have whipp d or :flogge 1, any pri on r ommitted to their charge until twenty-four hour. aft r the rcr ort of the offen e, or di. obedience, and only then in the vresence of the 11rison physician or pri on char lain; ancl no pri on r other than those of the third cla. as defin d in thi · a t .-hall b whipped or flogged at any tim .

SEc. The anitar.r and hygieni · care of the pri oner. shall be un ler the direction, supervi ion. and regulation of the State Board of Health and all camp· and camp equipment shall conform t the plan and specifi ation of and be ap1 roved by the State Board. of Health : and the board of clir ctor of the State Pri on shall do su ·11, things as may be nece ary to carry out the recommendation of the State Board of H alth. The . up rvi ion of the State Board of Health shall a1 ply to the tat Pri. on, the State farms, and county or State amp or other pla e where th pri. oner are confined or hou ed, and su h r commendations a. shall be made hy the State Board of Health regarding lothes. bec1cling. tableware. and bathing for the pri oner· shall be carried out by the board of directors of th tate Pri on.

E . 9. That th I risoner· number hall be u ed for marking all cloth . , bedclothing. bed . nnd other .-upplie us d by pri on rs. so that when uch clothes, b 1 lothing, and supplie. are washed and cleaned they shall be alway. returned for the u e of the same pri. oner.

SEc. 10. That th board of director. of the Stat Prison are herewith authorized to work th prisoner ommitte l to their charge on the public road. of the tate by organizing State am1 for hou ·ino- and feeding the pri.:oner: while at work on Ruch road , but the con. tru tion of u h camp. mu t be in accordance with plan approv l by the tat Bocird of Health: Provided, that if worked upon th public road of any aunty or a;ny subdivision thereof. then said county or n7Jdivi. ion hall pay to the tate Pri- ·011, 'UCh, om pen ·a­tion a. may be agr d upon 7Jy 8 iid county or S'Ubdivision thereof cind the board of vris011, d'ire tor . .

SEC. 11. The State Board of Health hall have the same upervi ion of all jail , county camp , or other plnce of confinement of ounty or city pri. oner in regard to method of con. tru tion , sanitary and hy0ienic care. a. they have over the tate Pri on. an l th ounty and cHy authoritie. will carry out the direction of Raid bon rel of hea 1th.

SEC. 12. In ca. e a JJri.·oner f the firRt or s cond clas.- or grml att mpt. to e cape or leav . , without permi. ·ion, the tate rri ·on. tate farm. or , tate amp, he ·hall. upon being recaptured or tak n, be redu ed to th third cla

or grade and shall permanently lo. e all hi ac umulatecl tirn an l money; and the board of director of the tatc Pri. on ar her with authorized and directed to take very mean po sible to recapture or retake any man es nping or leaving without permi . ion, any of the tate pri on , camp , or fa rm:s, re-0ardles. of expense.

SE . 13. That in order to er ·t suitable quarter. for the pri. on r. kept at the Stat farm the board of director of the tate PrLon i herewith author­ized and directed to pend a uffi i nt amount of the fund under the control of the hoard to pay for the ere tion of . anitary quarter for th prisoner!-, with individual cell. when c 11 are deerne l n sary. for each prisoner. and the 11Jans and. vecifi ation. for the erection f uch quarter::-- hall h npproved by the State Board of H altb.

E . 14. The boar l f director of the tat Pri on i. herewith authorized and dire ·ted to ana11g- certain forms of re ·reation for the pri�ouers, and hall arrange . o that th pri. on rs, during- their leisur hour· hetn·cen work

and time to r tire, shall have an opportunity to take part in games and attend J ctures, and take part in other form. of amusement a. may be provided by aid l..JOard. The . aid board i. aLo authorized v.nd clir cted to make . uch

arrangement as are n es ary to nable cla e to be organized amongst the prisoner , o that tho e who de ire may receiv in truction in various line of educational pur uit ·. The . aid board hall utiliz . where po. sible, the ervices of the prisoner. who are ufficiently clucatecl to act as in tru tors for uch cla ses in education; such services. however, hall be voluntary on the

part of the prisoner. The said board is further authorized ancl directed to

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make uch arrangement' as will be nece ary so that religious ·ervice may be held for the prisoners on Sunday and at u h other times as they may deew wise. The attendance of the pri oner at uch religious servic s shall b0 voluntary. That the provision. of this section hall apply to the State Prison.

tate farm and State camp . SEC. 15. o one addicted to the use of intox.icatino- liquor shall be em-

ployed a uperintend nt warden, guard or any other position connected witll the State Pri on, State farm, State camp , where uch position requires the incumbent thereof to have any charge or direction of the pri oner·; and any one holding such po ition, or any one who may be employed in any other capacity in said State Prison, State farm. or State camps who ·hall com, under the influence of intoxicating liquor hall at once cease to be an em­ployee of any of the aid institutions, and shall not be eligible for reinstate­ment to aid posjtion or be employed in any other position in any of the said institution . Any super:lntendent, warden, upervisor, guard, or other perso11

holcling any pos'ition in the State Prison who cu1·ses a pri oner wider hi--·

harge hall at 01we cease to be an employee of the inst-itutio1i and hall not

be eUgible for reinstatement.

SEc. 16. The prisoners confined at any State Prison, State farm, or Stat camp who are in the first class or 0Tade authorized by thi act shall be allowed general correspondence privileges in so far as uch corre pondence doe not interfere with the work and discipline of the said pri on farm or camp : prisoner who are in the second class or grade authorized by this act shall b · allowed similar but omewhat more restricted correspond nee privileges as those in the first class or grade; and prisoners who are in the third class or grade authorized by thi act shall only be allowed such corre pondence privi­leges as may be deemed be t by the uperintendent: Prov-icled, however, that any pri oner shall be permitted to write a letter to the Governor of the State at any time he desires, and . aid letter shall be mailed for him as other letters are mailed.

SEc. 17. The board of director of the State Prison is1 herewith authorized and dire ted to e tabli h such rule and reo-ulations a may be nece . ary for developing- a y. tern for paroling- prisoners. and are herewith authorized and directe l to put into practice su h rules and regulations a, early as it can b consistently clone.

SEC. 1 . The variou judge· of the Superior Court of North Carolina ar herewith authorized and directed, in their di cretion, in sentencing prisoners to the State Prison. to pa s upon such pri oner a minimum and maximum entence. thu makino- the sentence of said pri oner an indeterminate sen­

tence, and the board of director of the State Prison i. herewith authorized and direct cl to consider at lea t once every ix (6) months the cases of such pi.-isoner · as have been committed to the State Prison with an indeterminat sentence, as to whether uch pri oner is entitled to a di charge, hall take into con ideration the said prisoner's record ince committed to the charge of the board of director of the State Prison: Pro1:'idcd, that aid pri oner has served the minimum time to which he was sentenced after allowing credit for good behavior as authorized by law.

SEc. 19. Any application for the pardon of a prisoner committed to th ·barge of the board of directors of the State Prison shall include a re ord of

such pri oner since he was committed to the charge of said board ; and indetermining whether or not a parole or pardon shall be granted, con iderationshall be given to the said record of such prisoner; and the record of suchprisoner shall be available to those making the application.

SEC. 20. That this act shall be printed in pamphlet form and each prisoner committed to the charge of the board of directors of the State Prison shall be supplied with a copy of such act, and its contents shall be explained to him at the time he is brought to the State Prison.

SEC. 21. That each prisoner committed to the charge of the board of directors of the State Prison shall be carefully examined by a competent physician in order to determine his physical and. mental condition, and hi

11

assignment to the pri on, farm, or camps, and the work that be is required to do, shall b dependent upon the report of said physician a to hi physical and mental capacity.

SEc. 22. -o State onvicts shall be worl ed upon any railroad or public 1 ·ork of the • 'tate or county or an11 subdivision of any county or any works of any chara fer •whatso ver, if in the opinion of the Governor and hoard, ot directors of the State Pri on, th prison wo1ild, thereby be made not self­sustainin.Q. ancl should at any time the sw·piu. convi ts that are not already engaged in farm, work, be engag cl in an.11 worl.: f01· State, county, or any sub­division thereof, or any contrcict i ·orl..; of an11 natitre, and in the judgment of tlle Gov 1-nor and the boarcl of dir ctors. the servi es of ·uch convict.· i;hould be needed at the tate Farm, to properly Cttltivate or to house the crops, the aid board of director are hereby authorized cmd empowered to clisconNnue

such work and move the vrisoner. to the State farm at once: Prov·ided, thatthis section shall not be ·onstrued to interfere w'ith contract or agreements now in exi.·t nee.

EC. 2' . The races �hall be k pt separate. and youthful convi ts from old aud harden d crimfaals in Jeepin.� quarters.

SEC. 24. That all la,v and clauf,;c,· of laws in ·onflict with thi. act, either public, public-local, or private, are herewith repealed.

SEc. 25. That thi act hall be in force from and after it ratification. Ratified thi:::: the 25th day of F bruary, A.D. 1919.

ADVISORY BOARD OF PARO LE

[CHAPTER 278, LAWS 1917, AS AMENDRD BY LAWS OF 1919.)

ECTIO� 1. That th re be aud i h reby e. -tablisbed a board to b known and de i"nat cl a an 'Advisory B arcl of Parol ," con i ting of the Attorney-General, c-hairman. th ·hairman of the board of dire tor of th tate' Pri. on, ancl the cliairmnu of th Board of tate 'hariti .-, whose dutie. and power ·hull he to a ·t iu an adviRory capacity to the Governor with re. pe t to the parole or eonditional pardon of pri oner in the tate's Pri on. The hairman of th board of director.- of the tate's Pri on and the chairman of

the Board of tate harities ball be paid fot their ervic s as members of aid board th ame per diem and expense a are now or may be allowed by

law to the hairman of the board of director. of the State' Prison, and uch payment ·ball be made by the tate Treasurer upon vouch r from the ._ tate Auditor i . uecl upon itemized , tat ment approved by the chairman of the b ard of parole. and um-· now du for servic f r the y ar one thou ·and nine hundred and sev nteen and one thousand nine btmclred and eighteen shail be paid in like manner.

SEc. 2. That it hall be the duty of the uperintendent of the State's Pri ou and superintendents of county chain gangs or road forces, under rules and regu­lation to be made and promulgat d by the board of parole, to keev a rceortl of the conduct and cl meanor of all prisoner.- h ld in the tate' Pri u and on ·ounty chain O'ang.. The aclviRory board of parole hall formulat rules for apvlication for pardons and paroles for v r on erviucr on county haiu gangs. ancl ,vhen su h rules have been approved by the Governor they . llould be followed and ob ·ervecl by all p r. ons ar plying for pardons or par le. for per ons serving upon chain gangs or in other county or local prison ..

, EC. 3. That the aclvi ·ory boar 1 of parole hall meet once each mouth in the office of the Attorney-General at uch time a may be agreed upon hy said board and carefully con ider the record, and all other fact and circum tances which may be proclu ed to a certain whether or not any prisoner, the co11-. ideration of whose privil ge of parole may come before the board, should he recommended to the Governor a a proper per on to be paroled on a concli­tional pardon.

SEc. 4. After any 1 risoner has been confined in the State's Prison as long a the minimum puni bment pr s ribed by statute for the offense of which u h prisoner was convicted, provided such minimum puni ·hment is not less

than one-fourth the term for which su ·h prisoner was sentenced by th€! court, and at the next monthly meeting of the board of parole, the uperintendent of

12

the State's Prison shall lay before the board of parole the case of such pri:­oner to determine whether or not, in the opinion of the board, such prisoner should be discharged on parole: Provided, that tbi shall not be under tood as depriving the board of parole of the discretion of taking up the case of any prisoner at any time prior to that above stated. The said board shall a cer­tain from the record of such pri oner for the time during which he has been held, or for the last nine months, whether he ha been of good demeanor and of meritorious conduct, as hown by obedience to the rule and regulations, and from any other facts and circum ·tances which may be produced with respect to his pa t life and conduct, whether such pri oner i a proper subject to recommend to the Governor for parole under a conditional pardon.

SEC. 5. After said board ha ascertained the facts mentioned above, they hall have di cretion and power to determine wh ther or not, in their judg­

ment, such prisoner is a proper subject for parole under a conditional pardon. And if they determine that uch parole should be granted, they shall make a brief report in writing to the Governor, with their :findings of fact a to llis record while in the State s Prison, as to his previou life and conduct, and as to indication of his purpose to reform ; and if the Governor approve the granting of a parole in such ca e, he may grant a conditional pardon under his constitutional power to grant reprieves, commutations, and pardons, and according to the practice and procedure heretofore observed and followed in the granting of conditional pardons by the Executive. On the discharge of any prisoner from the State·s Prison on parole, he hall be provided, at the expense of the State, with a suit of clothes, transportation to the county in which he has ecured employment, or in which it i hi purpose to reside, and with five dollars in caRh, all to be paid by order of the superintendent of the State's Prison from the funds belonging to said prison. Such parole shall be for such time as will till out the term of imprisonment to which the prisoner wa sentenced.

SEC. 6. Any person discharged on parole under this act shall, during the said parole, report on the second Monday in each and every month to the clerk of the Superior Court of the county in which he re ides, and show to the satisfaction of such clerk of the Superior Court that, by his industry and good conduct, he has satisfied the condition of his parole.

SEc. 7. If the Governor shall order the reimprisonment of any per on di -charged on parole, he may issue his order directly to the sheriff of the county in which such prisoner was due to report to the clerk of the Superior Court, or to the sheriff of any county in the State, directing the arre t of such person and his return by such officer to the State's Prison, the expense of which shall be paid by the State Treasurer upon a warrant i sued by the State Auditor on an order made by the superintendent of the State's Prison.

SEc. 8. If any uch person be reimprisoned by order of the Governor for failure to report monthly to the clerk, or for violation of the conditions of his parole, the time such person has been out on parole shall not be deducted from the term of impri onment to which he was originally sentenced by the court, but the time of his impri onment hall be understood as continuing from the time he wa di charged on his parole.

SEc. 9. This act is not to be taken as in any way attempting to interfere with or regulate the power of the Governor to grant reprieves, commutations, and pardons upon his own initiative and executive responsibility in as full and ample a manner as it has heretofore been understood and exercised.

THE INDETERMINATE SENTENCE IN NORTH CAROLINA

The various judges of the Superior Court of North Carolina are herewith

authorized and directed, in their discretion, in sentencing prisoners to the State Prison to pass upon such prisoner a minimum and maximum sentence,

thus making the sentence of said prisoner an indeterminate sentence.

1917, c. 286, s. 10.

13

REGULATIONS REGARDING COUNTY PRISONS AND

PRISONERS

ounty jails mu t be maintained in all counties by the county commis­

sioners. Plans for new jail must be approved by the State Board of Chari­

tie and Public Welfare. Que tions relating to sanitation and hygienic care

are under control of the State Board of Health. All common jails must have

separate apartment for white male , colored males, white females, and

colored females, and separate cells for tuberculosis prisoners, and the sexes

and races must always be kept separate. Sufficient bedding, good warm

blankets and other suitable bed-linen must be furnished prisoners. Prison­

ers' quarter must be thoroughly cleaned every day, good water furnished,

sufficient wholesome food, and nece ary attendance. Prisoners may, in ad­

dition to their furni hings, supply them. elves from their own means, addi­

tional diet, bedding, linen, and clothing.

Physical Examination and Records of County Prisoners

A thorough physical examination mu t be made of every prisoner admitted

to the city jail or to the county or city chain gang within 48 hours of hi

admis ion. The record of the prisoner's physical condition hall be made

either on forms prepared by the orth Carolina State Board of Health or on

form which have been submitted to and approved by the said board. 1917, c. 262.

It hall be the duty of every county physician or city phy ician, or county

health officer or city health officer, or other physician having in charge the

medical care of pri oner in any city or county in this State, or on any public

or private works where prisoners or convict are employed, to make a thorough

physical examination of every prisoner committed to the county or city jail

or to the county or city chain gang or road force, or any public or private

work within forty-eight hours after the admission of such prisoner; and

when be shall have found a prisoner suffering with tuberculosis be shall make

a written report of same to the State Board of Health, stating in detail the

conditions found and the stage of the di ease, within twenty-four hours after

making uch diagnosis. and be shall also report same to the superintendent

of the chain gang or the jai1e1· or the uperintendent of the public or private

work , and to the sheriff of the county, in writing, within twenty-four hours

after having made such diagnosis of tuberculosis.

That any person violating any of the provi ions of this act shall be guilty

of a mi. demeanor, and fined and imprisoned in the discretion of the court.

1917, c. 262.

Supervision of Jails and Camps by Board of Health

The State Board of Health shall have the same supervi ion of all jails,

county camps, or other places of confinement of county or city prisoners in

regard to method of construction, sanitary and hygienic care as they have

over the State Prison, and the county and city authorities will carry out the

directions of the Board of Health.

1917, c. 286, s. 11½.

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Jails to Have Five Apartments

The common jail of the several counties hall be provided with at Lea t

five separate and suitable apartment one for the confinement of white male

criminals ; one for white female criminal ; one for colored male criminal ;

one for colored female criminal ; and one for other pri oner.·.

Rev., s. 1336; Code, s. 783.

To Be Heated

It i the duty of the board of commi. ioner in every county to have th

common jails o heated by furnace , tove , or otherwise, as to renrler them

warm and comfortable. A failure to di charge the duty herein pe ified shall

con ·titute a mi demeanor, puni hab1e by fine or impri onment, or both, in the

di cretion of the court.

Rev., s. 1337; Code, s. 784 ; 1879, c. 25.

Bedding to be Furnished

The board of county ·ommis ion r , from time to time, a may be neces. ary,

hall order the sheriff of the county to purcha e, for the u e of their jail, a

certain number of o-ood, warm blanket or other uitable bedclothing, whi h

shall be securely pre erved by the jailer, and furni bed to the prisoner for

their u e and comfort, a the sea._ou or other circum tance may require· and

the heriff, at 1 a t on c in every y ar. hall report to the board of cornmis­

. ·ioner the condition and numb r of such blanket and beclclotbing.

Rev., s. 1338; Code, s. 3465.

Jailer to leanse Jail, Furnish Food and Wate1·

The ·heriff r k of any jail ·hall. every clay, clean. the room of th

prison in which any pri oner i. ·onfin d, and au e all filth to be remov d

therefrom; and ._ha11 al. o furni h th prisoner plenty of good and whole. ome

,,ater, three time· in every day; and ha11 furni h each pri oner fuel, not less

than one pound of whole ome bread. one pound of good roa. ted or boiled flesh,

and every nece sary attendance. Rev., s. 1343; Code, s. 3464.

Prisoner May Furnish Necessaries

Pri oners shall be allowed to purcha e and procure uch n c arie in

addition to the diet furni hed by the jailer, a' they may think proper; and

to provide their own b dding lin n and clothing, without paying any I erqui­

:--ite to the jailer for . uch indulgence. Rev., s. 1344; Code, s. 3463.

REGULATIONS REGARDING COUNTY CAMPS

Violation a to Work in Felon's Uniform; Officer Liable

It hall be unlawful to work per on convicted of a felony in other than

the uniform of a f Ion. r to clothe a person convicted of a felony in other

than the uniform of a f Ion, or to clothe a person convicted of a mi demeanor

in the uniform of a felon. Any ·up rintenclent of convicts or other per on

in authority who . hall vi late thi law . hall be guilty of a mi demeanor, and

fined or impri oned, or both, in the di cretion of the court; and, moreover,

15

be liable in damage to the party ·aggrieved, to be recovered in a civil action,

which may be brought in either the county from whi h the party wa sen­

tenced or in the county in which the wrong was done.

1911, c. 64, ss. 4, 6.

Prisoners of Different Races Kept Se1>arate

White and colored pri. on r shall not be confined or hackled together in

the same room of any buildincr or tent, either in the State Pri. on or at any

State or county convict camp, during the eating or leeping hours, and at all

other times the eparation of the two race� hall be a. complete a practi­

cahle. Any officer or employee of either the State or any county in the State

having charge of convicts or pri oners who hall violate or permit the viola­

tion of this section shall be guilty of a misdemeanor, and upon conviction

slrnll Ile fined not more than fifty dollar. or impri onecl not more than thirt:v

day .

1909, C. 832, SS. 1, 2; 1917, C. 286, S. 24.

Deductions from Sentence Allowed for Goocl Behavior

When a convict has been entenced to work upon the public roads of a

county, and ha faithfully p rformecl the clutie assigned to him during hi.

term of entence, he is entitled to a deduction from the time of his sentence

of .five clays for each month and he shall be di charged from the county roads

wh n he has rvecl hi entence, le the number of a.ay he may be entitled

to have deducted. The authorities having him in charge hall be the sole

judges as to the faithful performance of the duties a ·signed to him. Should

he e �ape or attempt to escape he shall forfeit and lose any deduction he may

have been entitled to prior to that time. This section shall apply al ·o to

women sentenced to a county farm or county home.

1913, C. 167, S. 1.

Coimties May Establish Joint Houses of Correction

One county, or any two or more counties, acting through their re pective

board of commi ioners, may jointly establi 11 one or more convenient hou, es

of correction, for the one or for the joint use of the counties so agreeing

together; and the same may be established at such place or places, and be in

all respects managed under such by-law , rules and regulations as a majority

of the general board of director , to be appointed as hereinafter directed, hall

determine. Rev., ss. 1360, 1373; Code, s. 799; 1866-7, c. 130, s. 1. NOTE. By authority of chapter 273, Acts of 1919, counties may establish "juvenile" farms

or "training schools" under this section.

LAWS AND AGENCIES FOR THE PROTECTION OF

CHILDREN

STATE-WIDE JUVE ILE COURT ACT

[CHAPTEJR 97, LAWS OF 1919.]

SECTION 1. Juri d'i-etion over chUdren. The Superior Courts shall have exclusive original jurisdiction of any case of a child less than sixteen year of age residing in or being at this time within their respective districts-

16

(a) Who is delinquent or who violate· any municipal or State law or ordi­nance or who i truant. unruly, wayward, or mi directed, or who i disobedient to parent or beyond their control, or who is in danger of becoming so; or

( b) Who is neglected, or who engage. in any oc upation, calling, or exhibi­tion or is found in any :i: lace where a child i forbidden by law to be, and for permitting which an adult may be puni hed by law, or who i in such condi­tion or surroundings or is under uch improper or in ufficient guardianship or control as to endanger the moral , health, or general welfare of such child; or

(c) Who is dependent upon public support or who is de. titute, homele.·s orabandoned, or whose custody, i subject to controversy.

When juri diction has been obtained in th ca e of any child, unless a court order shall be i sued to the contrary, or unles the child be committed to an institution supported and controlled by the State, it shall continu for th purposes of this act during the minority of the child. The duty shall be constant upon the court to cive each child subject to its jurisdiction such over­·ight and control in the premi es as will conduce to the welfare of . uch child

and to the best interests of the StateSEC. 2. Establishment in each county of a separate part of the Super·io1·

Court to be ]i/Yl,OWn as thR Juvenile Court; appoinhnent of judge. There shall be established in each county of the State a separate part of the Superior Court of the di trict for the hearing of cases coming within the provisions of this act. ucb part of the Superior Court hall be called The Juvenile Court of ----------------·······-···· County.

The clerk of the Superior ourt of each county in the State i hereby ap­pointed and authorized to act as judge of the Juvenile Court in the hearing of cases coming within the provi ions of thi act, in which ca es the ·hild or children concerned therein reside in or are at the time within such county. Proceedings in such cases may be initiated before such judo-e and in bearing uch cases, uch judge shall comply with all the requirement and conform

to the procedure provided in this act. SEc. 3. Defin-itions. The term •'court," when used in thi act wi.tbout

modifi ation, shall refer to the juvenile court to be establi. bed in each county as bereinabove provided. The term "judge," when used in thi act, shall refer to the clerk of the Superior Court, acting as judae of the juvenile court. The term "child" shall mean any minor less than eighteen years of age. The term "adult" shall mean any per on eighteen years of age or over.

SEC. 4. General provisions. Sessions of the court shall be held at sueh times and in such places within the county as the judge shall from time to time determine. In the bearing of any case coming within the provisions of this act the general public may be excluded and only such per on admitted thereto as have a direct interest in the ca e. Ses ions of the court shall not be held in conjunction with any other busine. of the Superior Court, and children' ca es shall not be heard at the ame time a tho e again t adult .

The court shall maintain a full and complete record of all cases brought before it, to be known as the Juvenile Record. All records may be withheld from indiscriminate public in pection in the discretion of the judge of the court, but ucb record shall be open to in pection by the parents, guardians, or other authorized representatives of the child concerned. o adjudication under the provi ions of thi act hall operate as a di qualification of any child of any public office, and no child shall be denominated a criminal by rea on of such adjudication, nor shall uch adjudication be denominated a conviction.

This act shall be construed liberally and as remedial in character. The powers hereby conferred are intended to be general and for the purpo e of affecting the beneficial purposes herein set forth. It is the intention of this act that in all proceedings under its provisions the court shall proceed upon the theory that a child under its jurisdiction is the ward of the State and is subject to the discipline and entitled to the protection which the court should give such child under the circum tances di closed in the ca e.

SEC. 5. Petition. Any person having knowledge or information that a chil<l is within the provisions of this act and subject to the jurisdiction of the court, may file with the court a petition verified by affidavit, stating the alleged facts

17

whi h bring . ·u h ehild within aicl prov1 10n The petition hall et forth the name and re idence of th child and of the parent·, or the name and re i­lence of the per on having the auardianship, cu tody or upervi. ion of uch child, if the ·ame be known or 11 ertained by the petitioner or the petition hall state that they are unknown, if that be the fact.

SEc. 6. Issuance of summons· traveling expenses. Upon the filing of the p tition or upon the taking of a child into u tody, the court may forthwith or after an inve tigation by a probation officer or other per on, cau e to be i ued a summon igned by the judo-e or the clerk of the court directed to the child, unle uch child ha been taken into cu tody, and to the 1 arent or in ca e there i no parent, to the p r on havino- the guardian hip, cu tody, or supervi ion of the child, or the per on with whom the child may be reqnirino­

them to ap1 ear with the child at the place and time tated in the ummon to ·how cau e why the child shou1<1 not be dealt with according to the provision.

of this act.The judge may in hi di cretion authorize the payment of nece sary travel­

ing expen ·e in urred by auy witnes or per on ummoned or otherwise required to appear at the hearina of any ca e coming within the 1 rovision of thi. act. uch xpense. , wh n approved by the judge of the uperior

ourt, hall be a harge upon the ounty in which the petition i fil d. EC. 7. Custody of the chJild; r lease. If it appears from the petition that

the child is embraced with ubdivi. ion (a) of section 1 of this act, or i in u h condition or surroundin"' that the welfare of the child require that its

cu �tody be immediately as urned, the court may endorse or cau e to be en­dorsed upon the ummon a dir ction that the officer serving the same shall atonce take such child into hi cu tody.

In the case of any child who ha been taken into custody or pending the final di position of any ca e, the child may be relea ed in the custody of a parent or other person having charge of the child or in the custody of a proba­tion officer or other per. on ap:i; ointed by the court to be brought before the court at the time de ignated. Any child embraced in thi act may be ad­mitted to bail a provided hy law. When not relea ed a herein provided uch child, pendina the hearing of tbe ca e hall b detained in u b place

of detention a hereinafter provided for. SEO. 8. Service of unnnon . rvice of ummon ·hall be made per onally

by reading to and leaving with the p rson ·ummoned a true 01 y thereof: Provided, that if the court i atisfi d that rea onable but un ucces ful effort has been made to erve the ummons personally upon any of the parties named therein, or if it . ball appear to the ati -faction of th court that it i imprac­ticable to serve a summons per onally upon any of them, the court may make an order providing for ervice of the ummon. by reai tered mail or by publi-ation or otherwi e in uch manner a the judo-e ball determine. It hall be ufficient to confer juri. diction if rvice i effected at any time before the

time fixed in the ummon for the return ther of but the court, if r que ted b the child or a parent, or in ca e there is no par nt, by the person having the guardianship, u tody or up rvi ion of the child, . ball not pro eed with the hearing earlier than three day after the service. Failure to erve a . ummon upon any person other than aid bild shall not impair the jurisdicti n of the court to proceed in ca e ari ino- under ubdivision (a) of section one of thi act provided that for ,good cau e hown the ourt ball have made an order di pen ing with . u h ervice.

If the person ummoned a h rein provided ball fail without r a oualJle cause to appear and abide the order of the court or bring the child, he may be proceed d again t a for cont mpt of court. In ·t. the summons cannot be erved or the party erved fail to obey the ame and in any cas when it hall be made to appear to the court that uch ummons will be ineffectual,

or that the welfare of the child require that he shall be brought forthwith into the custody of the court, a warrant may be issued on the order of the court either again t the parent or guardian or other per on having cu tody of the child or with whom the child may be or again t the child him elf.

The sheriff or other lawful officer of the county in which the action i taken shall erve all papers a directed by the court, but the paper may be served by any person delegated by the court for that purpo e.

1

SEC. 9. Hearing· judgment. Upon t11e return of the ·ummon or other proce s or after any hild has been tak n into u. tody. at th time set for the hearing, the court shall proceed to hear and determine the case in a summary manner. The court may adjourn the h aring from time to time and inquire into the habits, surroundinas, conditions, and tend ncies of the child so as to enable the court to render uch order or judgment as hall be t con. erve the welfare of the child and carry out the object of this a t. In all ca es tl1e nature of the proceeding hall be explained to the chifd and to the parents or the guardian or person having the custody or the upen i ion of the child. At any taae of the ca e the court may in its di cretion appoint any uitab1e person to be the guardian rid liteni of the child for the purpo es of the pro­ceeding.

The court, if sati fled that the child is in need of the care, protection, or discipline of the State, may o adjudicate and may find the child to he delin­quent, neglected, or in need of more uitable guardianship. Thereupon the court may

(a) Place the child on probation ubject to the condition provided herein­after; or

( b) ommit the child to the cu tody of a relative or other fit per on of goodmoral character, subject, in the discretion of the court to the supervision of a probation officer and the further orders of the court; or

(c) Commit the child to the custody of the State Board of Chari.tie andPublic Welfare, to be placed by such board in a suitable family home and supervise therein ; or

(d) Commit the child to a suitable institution maintained by the State orany ubdivision thereof, or to any uitable private in. titution ociety or association incorporated under the law of the State and approved by the State Board of Charitie and Public Welfare authoriz cl to care for children or to place them in uitable family homes; or

( e) Render such further judgment or make ·uch furth r order of commit­ment a the court may be authorized by law to make in any given ca e.

(t) If a child of fourteen y ars of a e be barged with a felony for which the punishment as now fixed by law cannot be more than ten year. in pri on. his a e . hall be inve ti.gated by the I robation officer and the judge of the juvenile court as provided for in thi. act, unl it appear· to the judge of the juvenile court that the case should be brought to the attention of the judue of the Superior Court, in which ca e tbe child ball be held in custody or bound to the next term of the Superior ourt as now provided by law.

SEc. 10. Place of detention. No child coming within the provisions of thi. · act hall be placed in any penal in titution. jail. lockup or other place where such child can come into contact at any time or in any manner with any adult convicted of crime and committed or under arre t and harged with crime. Provi. ion hall be made for the temporary det ntion of uch children in a detention home to be onducted as an ag nc�, of the court for the purposes of this act, or the judge may arrange for th boarding of uch children tPm­porarily in a private home or homes in the custody of ._ome fit ]lers(,11 or per on subje t to the upervi·sion of the court, or the judg may arrange with any incorporated institution, society or association mail1taining a :--uitable place of detention for children for the u e thereof as a tempera ry <leteution home.

In case a detention home is established as an agency of the court it hall be furni heel and carried on so far as pos ible a a family home in charge of a uperintendent or matron who shall reside tberein. The judge of the juvenile court may, with the approval of the State Board of Charities and Public Welfare, appoint a matron or superintendent, or both, and other neces­sary employees for such home in the ame manner as probation officers are appointed under this act, their salaries to be fixed and paid in the same manner a the salaries of probation officers. The neces ary expenses incurred in maintaining such detention home shall be a public charge.

In ca e the judge shall arrange for the boarding of children temporarily de­tained in private homes, a reasonable sum for the board of uch children while

19

temporarily detained in uch home shall be paid by the county in which such child shall re ide or may be found.

In case the juuge hall arrange with any incorporated institution, ociety, or a ociation for th u � of a detention home maintained by such institution, society, or asso ·iation, he shall enter an order which shall be effectual for that purpose and a reasonable sum sha11 be appropriated by the county com­mi sion.ers for the ompen ation of . u h institution, society or associn tion for the care of children r ·iding or founu. ·within the county who may be (letained therein.

SE . 11. Appointment and discharge of probcition officer; comvam;at'ion. The judge of the juvenile court in each county shall appoint one or mor suit­able per. on.s a� probation officer. who hall ,:;erve under his direction. The appointment of such probation officers ·hall be a1 proved by the State Board of Charities and Public Welfare.

The county superintendent of public welfare shall be the chief probation otlicer of every juvenile court in his county. and shall have supervision over the work of any additional probatiou officer whi h may bei appointed.

The judge appointiug any probation officer may di. charge such officer for cau e after ·erving uch officer with a written notice: Provided, that no probation oflicer . ha1l be di charged without the approval of the State Board of Cbaritie and Public Welfare.

The judge aPI ointing any probation officer may in bis discretion determine that a ,_uitable salary be paid, ancl may, with the approval of the judge of the uperior Court, fix the amount thereof. �ucb salary so determined and so aPI roved shall be paid by the board of county commis ioner ·: Provide<l, that no person shall be paid a alary as probation officer without a certificate of qualification from the tate Board of Charitie · and Public Welfa1·e.

Th State Board of haritie ancl Public Welfar hall establi.;11 rules and r gulation.· pursuant to which appointment under this act hall be made to the end that su h appointment hall be based upon m rit only.

The am1ointment of a probation officer hall be in writing and one opy of the ord r of ai pointment . hall be delivered to the officer so appointed and another filed in the office of the State Board of Charities and Public Welfare.

Ee. 12. Procedure in 1ising p'robation. When the court places any child or adult on probation a provided in thi act it shall determine the conditions of probation, which may be modified by the court at any time. A child hall remain on probation for such period as the court shall determine durin<r the minority of such child. An adult shall remain on probation for such period as the court shall determine, uot to exceed five year . The conditions of probation shall be su h a the court hall prescribe, and may include, among other conditions, any or several of the following: That the probationer (a) .-hall indulge in no unlawful or injurious habit ; (b) shall avoid places or per ons of disreputable or harmful character; (c) hall report to the proba­tion orti er a dir ctecl by the court or probation officer ; ( d,) shall permit the rn·obation officer to visit him in a reasonable manner at hi ' place of abode or el ewhere; ( e) hall answer any rea onable inquiries on the part of the probation officer concerning his conduct or condition ; (f) shall if a child of compul ory ·chool age attend school regularly; (g) shall if an adult or a hild who does not attend school, work faithfully at uitable employment:

(h) shall remain or reside within a specified place or locality; (i) .·hall pay a fine in one or everal sum ; (j) shall mak re tHution or reparation to theao-grieved parties for actual damages or losses caused by an offense upon suchconditions a the court shall determine; and (le) . hall make, payment for thesupport of any lawful de.1: endents as required by the court.

Any person on probation may at any time be required to appear before the court, and in ca e of his failure to do so when properly notified by the proba­tion officer, the court may issue a warrant for his arr t. In the ca e of a child on probation, if the court believe that the welfare of such child will thereby be promoted, the probation may be revoked at any time, and the court may make , uch other di position of the child a it might have made at the time the child was placed on probation. An adult on probation who violates

20

any of the conditions thereof may he ane t d upon a warrant i uecl by the court and the court may impo e any venaltie which it might have impo ed at the time th defendant was placed on probation.

SEc. 13. Duties ancl powers of probcit ion offt,c rs. It ·hall be the duty of a probation officer to mak u ·h inv stigati n · before during or after the trial or hearing of any a e comincr before the court a the court hall direct and shall report ther on in writincr. The probation officer hall take charge of any child b fore or after the trial or bearing when so directed by the court. The probation officer shall furni h to each p r on relea. eel on probation under his supervision a written tatement of the ondition of probation and . hall in truct th probationer and oth r per on. re pon. ible for th welfar of the probationer re arding ame. and shall enfor e all the condition of probation. Such officer shall keep inform d concerning the conduct and condition of each person on probation under hi supervision by visiting, requirincr of reports and in other way. and shall report upon the progre s of each ca e under hi uper­vision at least monthly to the court. Such of l'icer hall use all ·uitable methods not inconsi. tent with the onditions impo cl by the court to aid and en ourage per on · on probation and to bring about improv ments in their condu t and condition. Su h officer hall keep detailed records of hi work. H hall ke p accurate an l complete ac ount of all m ney collect cl from per on· under hi· upcrvi ·ion ; he hall "'ive r ceipt. th refor, and hall make at least monthly return thereof: . uch officer hall make uch report to the State Board of Charitic� ancl Public Welfare a it may from tim to time require, and shall perform such oth r duties a th court under who. e direction . u h oflicer i · s rvin"' hall dire t.

Every probation oflic-r hall have all the powers of a p ace officer within the juri diction of the ourt whi ·h he erv . ·. With the approval or under the direction of the jud«e of the urt in whi ·h a probation offi er is erving, such officer i authorized and emp wered to act as probation offi · r over any per on on probati n tran ferred. to hi.· . upervi ·ion from any other court, and may a t a parole otli er over any p rso11 rel a ed from a corre tional in titution when reque. t d to d.o so !Jy the authoritie thereof and wh n authorized so to act by the judo-e of the c urt in which uch 1 robation officer i ·erving.

SEC. 14. itpport of hild con11nitt d to u todial ag ncy. Whenever any hild i-· ommitted by the ourt to the cu. tody of an in titution, a sociation,

·ociet:r or per on oth r than it. parent or cruardian, com pen a tion for the careof such hild when approved by the order of the court, shall be a charge uponthe county, but the court may at the i · uance and service of an order to show·ause on the parent or other per on having the duty under the law to upportuch child adjud"'e that ·ueh parent or other p r. on shall pay in such manner

as the court may direct such sum as will cover in whole or in part the upportof uch child. and willful failur to pay �uch ._ um may be puni hed a a con­tempt of court.

SE . 15. election of cit todial agency. In ·ommitting any child to anyinstitution or other custodial a"'en y other than one supported and ontrollcdby- the tate or i11 placing th child und r any guardianship other than thatof its natural guardian th OUl't hall a. far a. practicable . elect as theustodial agency an in titution �o iety or a.· o iation govern d by persons of

like religious faith as the 1 arent of su ·h hild or an individual holding thesame religious belief.

EC. 16. Modification nf judgment; tll r timi of chilcl to parents. Anyorder or judgment mad by the ·ourt in the ca ·e of any child hall be subje tto uch modifi ation from time to time a. the ourt may con id r to be for thewelfare of uch child, e:s: ·ept that a child committed to an in. titution up­ported and controlled by the tate may b relea ·eel or di charged only by thegoverning board or officer of uch institution.

Any parent or guardian or if there be no 1 ar nt or guardian, the next friendof any child who bas been or hall hereafter be ommitted by the court to thecustody of an institution, other than an in. ·titution supported and controlledby the State, or to the custody of any a o iation, ociety or per. on, ma:r atany time file with the court a petition verified by affidavit tting forth underwhat condition uch child i living, and that application for the release of

21

the child ha been made to and denied by such in titution, a sociation, ociety or I er:on. or that in titution. a· ociation, society or per on ha failed to act upon u h application within a rea onable time. A copy of such petition shall at once b ·erv d by the court upon uch i.J?-stitution, a ociation, .·ociety, or p r.-ou. who duty it . hall be to file a reply to the ame within fiv day . If. up n examination of the petition and reply the court i of the opinion that an inve tigation hould be had, it may, upon du notice to all concerned. proce d to hear th facts and determine the que tion at i u , and may return such ·hild to the custody of it I ar nt · or guardian or direct such in titution, as.-odation, o iety or per on to make uch other arrangement.� for the child's care and welfare a the circumstances of the a ·e may requir .

Any child while under the juri diction of the court shall be ubject to the vi. itation of the probation officer or other agent of the court authorized to vi. ·it . ·uch chil 'I..

EC. 17. Appointment of giuirdlians. Whenev r in the cour e of a I roceed­in'" in tituted under this act it shall appear to the court that the welfare of any child within the juri diction of the court will be promoted by the appoint­m nt of an individual a general guardian of it per on, when uch child i not ommitted to an in titution or to an incorporated ociety or a ociation or by the appointment of an individual or corporation as general guardian of it prop rt), the court hall have jurisdiction to make uch appointment, either upon th application of the child or of ome relative or friend, or upon the court'· own motion, and in that event an order to show cau e may be made by the court to be served upon the parent or parents of uch child in such manner and for uch time, prior to the hearing, as the court may deem rea onable. In any ase ari ing under thi act the court may determine a between parents or other. whether the father or mother or what per on hall have the cu tody and dire tion of aid child, subject to the provi ions of the preceding ection.

E . 1 . Exarnincition and treatment of children foimd to be mentally defec­tiv or in need of med·iccil care. The court, in it di cretion, either before or after a hearing, may cau e any child within it juri diction to be examined by one or more duly licen ed phy ician ·, who hall ubmit a written report th r on to the court. If it shall appear to the court that any child within the juri�·cliction of the court i mentally defective, he may cau e the child to be

xamined by two licen ed phy ician , and on the written statement of the two examinino- 1 hy icians that it i their opinion that the child i mentally defec­tive. f ebleminded, or epileptic the court may commit such child to an institu­tion authorized by law to receive and care for mentally defective, feeble­mind d. or epileptic children, n th case may be. No child shall be committed to uch im;titution unle. s the varent or parent or the uardian or cu todian of such child. if . uch there be. are giv n an opportunity for a hearin"'.

Whene, r a ·hilcl within the juri diction of the court and under the provi-i n of this a ·t appear. to the court to be in need of medical or sur"'ical care

a uitable order may be made for the ti·eatment of uch child in a ho pital or othenvLe. and th 0xpen e thereof, when approved by the court, ·hall be a char?"e upon the ount:v or the appropriate ubdivision thereof; but th court may adjudg that the per ·on or per. on· having the duty un ler the law to upport uch child ·hall pay a part or all of th expen e of such treatment

a· provided in section fourte u of tbi. act. E •. 19. Offens agciin t chU.drcn: rcspo11. fuiWy of parent and other

ad·nlts; penalty. .A. parent, guardiau, or other per on having the cu tody of a hilcl , ho omit, to e:s:er i. e rea. ona ble cliligen e in the car , prot ction, or ·ontr 1 of such chilcl, ca using it to be adjudged delinquent, neglected.. or in need

of the ·are, protection. or di ipline of the State a provided in this act or who permit uch child to as.-o iat with viciou , immoral, or criminal per ·on.,or to h g or solicit alm. , or to be an habitual truant from chool. or to enter any h u. e of prostitution or a ·i"'nation or any pla where gamblin i car­ried on or to enter any place whi h may be injurious to tbe moral . health, or o-eneral welfare of uch child. and auy such per. on or any other per, on who knowingly or willfully is respon ·ible for, encourag , aid , cau e · or connives at or who knowingly or willfully does any act to produce, promote or con-

22

tribute to the condition which caused such child to be adjudged delinquent. neglected, or in need of the care, protection, or discipline of the State. shall be guilty of a mi demeanor.

SEC. 20. Appeals. An appeal may be taken from any judgment or ord 'l' of the juvenile Court to the Superior Court having jurisdiction in the coun1 y by the parent or, in case there i no parent, by the guardian, custodian or next friend of any child, or by any adult described in the two preceding ec­tions of thi · act whose ca e has been heard by the juvenile court. Such appeal shall be taken in the manner provided for appeals to the Superior Court: Provided, that written notice of such appeal be filed with the juvenil" court within five days after the issuance of the judgment or order of ::;u ·11 court.

SEC. 21. Oornpensation of judge. The judge of the juvenile court . ·lla11 h' paid a· reasonable compen. ation for hi. service::;, the amount to be deterwiued by the county commissioners, and the amount thus determined by the count,v commissioner shall be charged against the public funds of the county. And such compen ation shall be independent of any compen ation which may ·omc­to him as clerk of the Superior Court.

SEC. 22. Cooperation.. It is hereby made the duty of every State, <.: unty or municipal official or department to render uch as istance and cooperatio1, within his or its jurisdiction or power a shall further the object.· of thi ·· a ·t. All institution or qther agencie to which any person comin°· within the provi­sions of this act may be ent are hereby required to o-ive such informati 11 concerning such child to the court or to any other officer appointed hy it a, said court or official may require for the purpo e. of thi. act. Th court i:-. authorized to seek the c::>operation of all societie., organizations or individuals to the end that the court may be a isted in every way in the di charge of it..; duties.

SEC. 23. Riile . The court shall have power to devise and publi.'11 rnlP:­to regulate the procedure in c-a�e coming within the provi:·ions of this a 1

and for the conduct of all probation and other officers of the ourt in ucli ca es. The court hall devise and cau e to be print d for publi u e such form� for records and for various 1 etitions, orders, pro · "· e , and other papers iu the case. coming within thi act as shall meet the requir mt'nt:-; thereof. 111111

all e:s:pen. in urred in omplyin•T , ith th provi ·ion. of this n ·t shall he a public charge.

SEC. 24. Every city in orth Carolina wb. r the populntion was 1>,r Ou• cen. ·us of one thou and nine hundred and ten, ten thou all(l or more :-:ha 11 maintain a juvenile court, to which is hereby given the power· <.lutie. · arnl obligations of thi act to be exercised within tbeir territorial boundari ::;.

uch city juvenile courts shall conduct their bu. ine s in nccordance with th1' procedure set forth in this act as applying to the county juvenile court. It is hereby made the duty of (Yoverning bodies of such cities to make provi ions for such courts and bear the expense thereof, either by requiring the recorder to act as a juvenile judge, or by the appointment of a eparate judge. Th governing bodies of such cities hall also appoint one or more as istant proba­tion officers, who shall serve within it juri di tion under the general supervi-ion of the chi f probation officer of the county, which chief probation fficer

of the county is hereby made the chief probation of-Ti ·er of the city court herein provided for. The salary of th chief juvenile court judge hall be fixed. and paid by the governino- body of th city, and uch governing bodie are hcreb�­"'iven authority to expend uch um from the public funds of the city as may be required to carry this act in to effect.

In ca e it may ar pear to the govemfag bodies of uch cities herein described that it would be best to allow the county juvenile court to transact the busi­ness of the city, they may make uch provision and agreements with the county comrni ioner for the e:s:pen e of the joint court a may be agreed upon. and in such event, such a city is hereby permitted to make such arrangement in lieu of establi hing a city juvenile court. But in case the county commis­sioners will not agree to such arrangement, then the city mu t establish a juvenile court, as provided in this section.

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Any t°'Yn of five thousand. I opulation, which is uot cl connty- eat. and in whkh there i a recorder'· court. may. if deemed advisable and nec-.ssary by the govcrnin,.., body. I rovide for the conduct of a juvenil� court within th territorial jurisdiction of such re ·ord-r'. court: Provided, that the provisions and 11roeedure of this chapter are fully followed a. in ca. e for town::; of ten thou,and inhabitants.

EC. 25. Repeal of inconsistent vrov'ision.·. Chapter two hundred an l twe11ty-t1Yo of the Public Laws of one thousand. nine hundred and fifteen. and chapter four of the Revi al of one thou::;and nin lnu;dred and five, a amended. ancl all other law:-; or vart:-; of laws inconsi:-;tent with this act ar hereby 1·epealecl.

RULINGS OF ATTORNEY-GE ERAL ON JUVENILE COURT LAW

STATE OF ORTH CAROLI A

DEPARTMEXT OF ATTOH�EY-GENERAL

R.\LEIGI-I

Augu. t 19, 1919.

Mu. H. F. BEASLEY. Raleigh. - -. r.

l>EAR • 'rn :-During th progrC'ss of tlle Juvenile Court Act (chapter 97.

Puhli<· Laws 1919) through the hou ·es of the General A· embly, it was

amended iu the Rous 1 y striking out the word "eighteen" in line three of

s cti011 one of the act. and substitutin� therefor the word "sixteen." and thii:­

amerHlnwnt wu:-; n;;reed to hy the Senn te. The effect of thi. amendment was

to make section one read a follow :

.�E<.:TIO:\' 1. .Juri.·dictio11, o r children. The .:nperior Courts shall have ex­lusfrc• original jurisdiction of any case of n child less than sixteen year of

age r0sicling in or b ing, at this time withlll their re p tive clistri ts.

Thb a111t'11clment w,t.· not in term· ·arried throuo-h the re t of the act where

the wonl ''Pigbteen" had been u ·ed in designating the age of a ·hild to whum

the sta tnte wa · applicahle. 'ection three, with tb ubhead "Definitions" to

it. f;till ('Ontain.: the following:

ThC' term "child' shall mea11 any minor le:,;::; thau eighteen years of acre. Tlw term ·'adult:' shall mean any person eighteen years of ao-e or over.

You a$k should. the amenrlment of section 1 be construed a applying al. o

to that 1 art of section three quoted above. We think it should. The failure

of the Legi.·lature to make th amendment to se tion three directly was simply

inadvertence. The proper construction of the act in the light of the puq1ose

for whieh it wa. drawn and the intent of the Legi lature to reduce the a;!e

of the child over which the juvenile court should have jurisdictiou. in our

opinion. requires that the amendment should be read into section three as

w 11. This con ·truction subordinate the incidental intent of the Legislature

in lefining the term of the act to it main intent in fixing the ao-e of the

child to which, and to which only, it was to a'pply. Any oth ·r con. truction

would result in such confu ion as materially to interfere with, if not destroy,·

the lJ neficent puq,ose of the whole legislation. In its administration thefo

would neces ·arily be "confu. ion war e confounded," whereas, under the con-

tru tion which we have adopted, the act could in no case, be made to apply

to a child over sixteen years of age.

Yours very truly,

J .A.MES S. MANNING,

A ttorney-Genercil.

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September 2 . 1919.

MR. GEORGE B. MA O ",

olicU01· 1Iim·ic'ipal Court.

Gastonia, . C.

DEAR IR :-In reply to yours of eptember 23d.

Sub ection (f of ection 9. chapt r 97 of the Public Law of 1919 Tlw

Juv nile ourt A t, eem. intended a a limitation of th general word� use"!

theretofore in the act with reference to a child between 14 and 16 year of a�t'.

If the child i 14 years of age and i char o- d with a felony for which the

puni hment i now fixed by law at not more than 10 year in prison. then th0

primary juri diction in the ca e is in th juvenile court, with authoritr in thh

court if it deem it best to transfer the ca to the Superior ourt in term

tim , as provided in sub ection (f). Where, howev r, a child b tween tlw

age of 14 and 16 i charged with a felony wh e puni. hment mar exrePd

10 year in pri ·on. then, in our 01 inion, juri diction of the juv nile ·omt is

excluded and the hearing of the charae i in the court a. on. tituted hefon·

the Juv nile Court A t. In other word., th juvenile court ha. not juri.sdi<--

tion in . uch a ca Yours very truly.

JAME L\'.\":\'I.'\G.

Attorn y-G ncra7.

Sepa1·ating Child Under Six Months Old From Mother

[CHAPTER 59, LAWS OF 1917, AS AMENDED BY CHAPTER 240. LAWS OF 1019.)

E TION 1. That it h all be unlawful f r any per.-O11 t se1 arate or.aid i11

. eparatina any child under six month of ao-e from its mother for the purpos<' of pla in"' said hild in a fo. ter home or in ·titution. or r moving it from th<· State for uch vurpo e unles · the on. nt in writino- for su h .. paration shall hav b en obtain d from the clerk of th up rior ourt and ount:r health offic r of the county in whi h the moth r reRides. or of the ounty in whi ·11 the hild wa. b rn; ·and it hall be unlawful for an.r moth r to su1T ncler h 1

child for such purpose without fir t having obtfiined . u h ·O1u.ent. SEC. 2. Any person violating this a t hn.11, upon convi tion, l tined not

exce ding five hundred dollar. or on year':- jmpri onment. r h th. in tlw dis retion of the ourt.

Marriage

ro 0frl under fourteen, nor boy under ixte n, may marry, and non und 1·

eighteen without the written con ent of parent guardian. or other .-tamlin;..:.

in that relation.

Carnal Crimes

Any per. on convicted of carnally knowing au l abu ing any f male under

the age of 12 hall uffer death. arnal knowl clge of a girl between the H£':C'

of 12 and 14 is a felony.

Abduction

Any one who ·hall abduct, or conspire to abduct, or indu e any child unde1·

fourteen year of age to leave parent·, uncle, aunt, elder brother or ister. or

a rhool at which it resides, or, if an orphan, to leave guardian i. guilty of a

felony and may be impri oned not more than fifteen year

Adoption

Chapter 2, Revisal 1905, and amendment: Person.- d s1rmg to adopt a

minor may beo-in proceedino-. before the clerli:: of the court of the ounty iu

25

which ·hild re. ide ·. the parent. or guardian or any on having charge of ;;ucll child become.· party to the I ro eeding. and with con ·ent f ,·u h. th cl rk ma�· san tion uch adoption if th party eeking it seem . . uitable. Petitiorn r ;;hall

give bond for property. if any iu rase child i. orphan. hild inherit::; a;-; 11a1-ural hilclren, and nam of child may be changed to that of 1 etititnic.•r if allowed by cleric Order of adoption may be r voked at any tim<' hy ·Jerk for cau, e. The lerk of the ourt i. the judg of the ju-venil ourt.

Illegitimacy

Warrant in ba tar ly ·hall be i. ·ucd on voluntary complaint by mother or by county commis ioners that child i. likely to bee me a county ward. When i · ue of paternity is tried an i found a...,nin. t def ndant he . hall be finer1 not more than ten dollars, hall pay the woman fif y dollar·. and give bond that the hild ·hall not be ome a public charo-e, and hall tand charaed with th maint nance of child a th court may ord r. Action mu ·t IJe hrougltt ,Yithin three year after birth. If parent ub,·equentlJ marry the child b come;-; legitimate as if born in lawful wedlo k. The putative father of any illegiti­mate child may apply by 1 tition in writing to the uperior Court of the county in which the father may r �ide, praying that uch child may be de la1·ed

legitimate; and if it shall app ar that the petitioner is reputed the fath r of the child, the court may th reu1 on declare and pronounce the child legitimated; and the clerk shall record the deed.

Selling Cigarettes to Minors

If any per ·on ·hall 11, o-iv awaJ, or otherwi e di po e of, dir ctly or indirectly, cigarette or toba co in the form of ci ·arette or cut tobacco in any form or hape which may be uRed or intended to be u ed as a ub. titute for cigarettes, t? any minor under the ag of eventeen year. ; or if any p rson shall aid, assi t, or abet any other per. on in ellin o- . uch articles to uch minor, be shall be guilty of a misdemeanor, and upon conviction hall l,e pun­ished by fine or imprisonment in the discretion of the court.

Rev., s. 3804.

Aiding Minors in Procuring Cigarettes; Duty of Police Officer

If any per on shall aid or a· i t any minor child under eventeen year. old in obtaining the po es ion of cigarettes, or tobacco in any form used as a substitute therefor, by what. oever name it may be called, he shall b .�uilty of a mi demeanor and, upon onviction, hall be fined or imprison cl in the discretion of the court.

It shall be the duty of very police officer, upon knowledo-e or information

that any minor under the age of sevent en years i or ha been smoh.ing any

cigarette, to inquire of any uch minor the name of the per on who sold or

gave him such cigarette, or the sub tance from which it was made, or who aided and abetted in effectin..., ·uch gift or ale. Upon receiving thi informa­tion from any such minor, the officer shall forthwith cau e a warrant to be i ued for the per on aiving or sellino-, or aidin o- and abetting in the aivina

or sellino- of such cigarette or the substance out of which it was made, and have such person dealt with ns the law directs. Any such minor who shall fail or refu e to give to :my officer upon inquiry,. the name of the per. on

II

26

,elling or givrno- him such ci«arette, or the substance out of which it wa �

made, hall be guilty of a mi demeanor. Rev., s. 3805.

elling or Giving \.Veapons to Minors

If any per on hall knowingly ell, offer for ·ale. give or in any way dispose

of to a minor any pistol or pistol cartrrnge, brass knucks, bowie-knife, dirk

load d ane. or ling-. hot, he shall b o-uilty of a misdemeanor. Rev., s. 3832.

Permitting Young Children to U�e Dangerous Firearms

Any person, being the parent or guardian of, or tanding in loco parentis to, any child under the age of twelve y ar · who i::hall knowingly permit such

child to have the po ession or custody o�, or u. e in any manner whatever.

any gun, pi tol, or other dano-erous firearm whether such firearm be loaded

or unloaded, or any other per ·on who shall knowingly furni h such child any

u h firearm, ball be guilty of a mi demeanor, and upon conviction shall befined not exceeding fifty dollar or impri�oned not exceeding thirty days.

1913, c. 32.

Permitting Minors to Enter BilJiard Rooms and Bowling Alleys

If the keeper or owner of any barroom, billiard room, or bowling alley shall

allow any minor to enter or remain in ucb barroom billiard room, or bowling

alley, where before . uch minor enters or remains in uch barroom, billiard

room or bowlinO' alley, the own r or keeper thereof has been notified by the

parent or guardian of such minor not to allow him to enter or remain in such

barroom, billiard room, or bowlina alley, he hall be auilty of a mi demeanor.

and upon conviction hall be fined not ex eedinO' fifty dollars or imprisoned

not exceeding thirty day . Rev., s. 3729.

Exposing Children to Fire

If any per on shall leave any hild of the age of even year or less locked or otherwise confined in any dwelling, buildina, or enclosure, and O'O away

from uch dwelling buildinO', or enclo ure without leaving some person of the

age of discretion in charge of the same, o a to expo e the child to danger

by fo-e. the person so offending shall be guilty of a misdemeanor, and shall be

puni. hed at the di cretion of the court. Rev., s. 3795.

Marrying Females Under Fom·teen Year Old

If any per on ball marry a female under the age of fourteen years, h shall

be guilty of a misdemeanor. Rev., s. 3368.

Failing to Pay Mi.nor� for Doing Certain Work

Whenever any per on, having a contract with any corporation, company, or per on for the manufacture or change of any raw material by the piece or pound, hall employ any minor to assist in the work upon the faith of and by

color of such contract, with intent to cheat and defraud such minor, and,

having secured the contract price, shall willfully fail to pay the minor when

27

h shall have I erformed his part of the contract work, whether clone by the

day or by the job, the person No offending shall he guilty of a misderueauor.

a11d upon conviction shall be fined not more than fifty dollars or imprisoned not

more thnn thirty day .. Rev., s. 3428a.

Abandonment of :Family by Husband

If auy hu baud shall willfully abandon hi wife without providin° ad Juate

. upport for uch wife, and the children which he mny have b gotten upon hE r.

11 ·hal I be guilty of a misdemeanor. Rev., s. 3365.

Evidence That Abandonment ,va ,villful

If the fac.:t of abandonment of and failure to provide adequate .·upport for

the wife and children hall b proved, or, while being with uch wife, neglect

by the hushana to provide f r the adequate . upport of . ·u h wife or children

.·lrn.11 h proved, then the fa t that u h bu band neglects applying him. elf to

som honest calling for the support of him elf and family. and i:-: found saun­

t ring ahout. endeavoring to maintain himself hy gaming or other unclu

u1ean ·. or is a common frequenter of drinking hou es, or is a known ommon

rlnmlrnrcl. :-;hall he presumptive evidence that sueh nbnnclonme11t and negl ,c-t

i. willful.Rev., . 3356.

Ord r or Support from Husband's Pl'Operty 01· Earnings

pon any conviction for abandonment, any judge or any recorder h.tving

juri. dicti n thereof may in his di crction, make u h order a in his judgm nt

will be._t provide for the . upport. as far a mny be necei-vary. of the <lesertc>d

wife or ·hildren. or both. from the 11roperty or labor of the defen lant. 1917, c. 259.

Failure of Hushand to Provide Adequate Support fol' Family

f an:v hu. band. while living- with hb \vife .. ball willfully ueo-lect to pro­

vicl aclequnte . upport for . uch wife or the children which h has begotten

upon her. he .. ·hall be o-uilty of a mi. ·demeanor. Rev., .. 3357.

Attendance of IndiO'ent Children at 8chool

[CHAPTER 150, LAWS OF 1919.]

SECTIOX 1. That if affidavit shall be made by th 1 ar nt of a child or by any other person that any child b t,vecn the ag .· of eight and fourteen yc'ar:-; i not ahl to a tten<I school h,v reason of nece . ity to work or labor fo1· the upport of itself or the , upport of the family. then the attenclanc officer shall

diligently inquire into the matter an l bring it to the attention of om urt allon· c1 h�· law to act a. a jun'nile court. and said ourt hall proceed to find

· whether ns n matter of fa ·t .·u h parent or par nts standing in loco pnrn11ti.i unable to f-:end said child or children to �chool for the term .of a com1ml:-:01·�·attendance for the rea. 011. giyen. If th court , hall find, after areful jn­ve tign.tion. that the par nt or varent have made or are making a boua firle effort to ·omply with the C'OIDi)Ul ·ory att nd:rnce a t, and by rea:·on of illne�:-;.la k of Nll'ning capacity. or any other au. e which the court mny deem YD.lidand suffici nt, are unabl to :encl , aid child or hilclr n to hool as nhovmentioned. then tlw court :hall find an l stat what help i:-: ue clecl for th

2

family to enable th attendance law to b compli cl with. The court shall transmit its finding to the county board of education of the com1t:v , or in cities to the city school board in which the case may ari e, and ·aid county board of education shall in its di cretion order aid to be given the family fTom t e Incidental Ex:pen e Fun :I of the ounty school budget to an extent not to exceed ten dollars per month for such child durino- continuance of the coinpul ory term, and shall at the ame time require aid officer to see that th money is used for the purpo e for which it i appropriated, and to report from time to time whether it shall be continued or withdrawn; and the county board of education i hereby authorized in makino- out the county budget to provide a sum to m t the provisions of this act.

Compulsory Attendance for Blind and Deaf Children

All blind children of sound mind, between the ages of seven and eventeen. are required by law to be ent to the State chool for nine months each year. There i no charge for maintenance or tuition. , oluntary aclmis ions arC' taken from ix to twenty-one years, and by pecial order of the director .. other may be admitted.

Age of admis ion i from 8 to 23, but an deaf white children betw en the ages of eight and fifteen year mu t attend ome �chool for the deaf at lea t five chool years. Th colored deaf are not compelled to attend, but school facilities are furni hed and a compulsory law has not eemed nece sary.

A.dmi ·ion to the chool for the Deaf is limited to residents.

Legal Authority of Institutions for Indigent Children

[CHAPTER 133, LAWS OF 1917.]

SE 'l.'ION 1. That every indigent child whi h ma�, bP placed in any orphan­age, children· horn , or child-placing institution in rorth arolina which shall be an in titution exi ting und r and by virtue of the law of thi State, shall be under the control of the authorities of su h institution o lono- a. under the rule and regulation of u h institution th child is entitled to remain in th same. The authority of the in titution shalJ be the same as that of a parent or guardian before the child wa · placed in the institution: Provided. that uch authority hall extend only to the per on of . uch child.

SEc. 2. That nothing in sections of thi a t shall be construed in any way to abrogate any of the rules and regulations of such in ·titution in o far a. uch rules and regulations have for their purpose the welfare and protection

of such in titutions. SEc. 3. That it shall be unlawful for any person to entice or attempt to

entice, per uade. harbor or conceal, or in any manner induce any indigent child to leave any of the institution herein.before mentioned without the knowledge or consent of the authorities of uch institutions: Provided, this act . hall not interfere with a mother's right to her child in case she becomes able to sustain her child ; and the county commi ioners in the county in which she resides shall in case of doubt have authority to recommend to the in. titution con­cerning the child.

SEC. 4. That any p r on or per on violating any of the provisions of thi act shall be guilty of a misdemeanor, an l upon conviction shall be fined or impri:--oned. or both, in the di cretion of the court.

STATE INSTITUTIONS FOR CHILDREN

STONEWALL JACK SON TRAI ING SCHOOL

,..'itperintendent HAS, E. BOGER, Concord, N. C.

Receives white cl linquent boy. under ixteen year of age by court commit­ment. E tablished 1907.

29

SA.MAR AND 1ANOR

8uperintc11clc11t. 1\11s AGNE McNA GHTO:\'. Sa,n,orcond, tate Home and Indu trial School for Girl and Women. Establish cl 191

Girl.· and women may be re ·eiyed l1y ourt ommitm nt or voluntary reque t.

The ('a well Trainin<r

and girl. l et\Teen th age�

between age� of 21 and 30.

�- 0.

and fcebleminded "·omen

, CHOOL I• OR WHITE DEAF

, upcri11te11clent. E. I K. Gooo\\·g_ Jlorganton. N. C.

Hee ive deaf "hite children of a_g .· t _3_

SCHO L ' FOR WHITE BLIND AND OLORED BLI D Ar D DEAF

, up Tintcnclcnt. G. E. LI:'IEBERRY. Raleigh, a.

R <:eiYe · \Yhite · lind chilclre11 of s ,und mind bet\Teen ag · 7 and 17. ,wd in

sve ial ca es from 6 to 21.

Re ·eive · ·olored cle,tf and bUncl children at 8e11arate h1 titutian.

STATE HO PITAL FOR RIPPLED 'HILDREX

In cour e of con.-truction at Gast nia. R. B. Bahingt n. chairman Bon.l'<l

of Di re tor .. Gastonia, N. C.

PRIVATE LICE SED CHILD- ARING INSTITUTIO S

_ ame ancl l.,o Mi.on. 8uperinte11de11t.

Alex.and r Home, Pr . hyterian. hn.rlotte ................................................ ... Mi.:· Deni

Baptist Orphanage and K nn dy Home, Thoma ville ................ Rev. M. L. Ke.�ler

Christian Orphanage. Elon College .................................................. Cha . D .. John ·on

Eliada. undenominational, A h ville .......................................... Rcv. L. B. omptl,n

Fal ·on, undenominational, Fal 00 .......................................... Rev. C. B. trickl:rn•l

M thodi t Orphanage, Ea ·tern onference, V\Tin. ton•Salem ...... Walter Thomri ·un

Methodi t Protestant Home. High Point.. ............................................ H. A. Gar1.·ett

fonntain rphanage, Pr sbyt rian, Balfour .............................. Rev. A. H. Temvl,

Xazareth Orpbana"'e. R formed bur ·h, re c nt.. ................ Rev. \\'. B. Wern r

0 Id Fello"°'. ' Orphan Hom . Goldsboro .......................................... Clrnrle 0. Bairrl

Oxford Orphanage, Ma onic (partial , tate support) Oxford ............ R. L. Brown

Oxford Orphanage for olorecl (vartial , tate �upport) Ox.ford,

HC'nry P. h atlwm

Pre ·byterian Orphan Home, Barium pring.· ............................ Rev. W. T. Walker

'l'homp on Orphanag Epi copalian. Charlott .......................... Rev. Walter mith

Pythian Home, Clayton .............................................................................. W. D. Pender

Roman atholic Orphanage for Boy., azar th, near Raleigh,

Rev. Georo-e Woods

t. Ann' atholic Orphanage for Girl , Belmont.. .................. Sister l\1ary lare

olored Baptist Orphanage, Win ton•Salem ...................... Rev. J. W. Poindexter

Nelson Preparatory and Industrial School (colored), Clemmons ...... C. C. Nelson

Children's Home Soci ty of orth Carolina, Greensboro .................. W. L. Brewer

30

RESCUE HOMES (Licensed)

rittenton Home, Charlotte .. -............................................................. Mi s H. L. Cadet Lindley Training School, andler, R. 2, near A. heville ........ Mr . Clara Montague Re ·t Cottage, Greensboro ...................................................................... Winifred R. Cox Faith Cottage, A heville ................................................................ Rev. L. B. ompton

REGULATIO rs FOR HEALTH OF CHILDREN

Births and deaths mu t be regi t r d, and North Carolina i now in the Federal Registration Area.

Every midwife or practicing physician mu t immediately instill into the eyes of the new-born babe a solution furnished by the State Board of Health to prevent blindnes ·. And any unnatural condition of the eyes of a child under two week old must be immediately reported to proper medical au­thoritie

ontrol of all infectiou or contagiou di ea e is in the bana� of the State Board of Health. Vaccination again. t mallpox and other contagion disea, e may be required for all school children by local board o"f health.

It i unlawful to sell or o-ive irrarettes, or tobacco for cigarette , to any hild under even teen and every polic officer i . ,vecially charged with . eeing

that this act i enforced. The Stat Board of Health and the State Su1 erintendent of public in truc­

tion are charo-ed with the duty of eeing that every child attending public chool in the tat hall have a phy ical examination at lea t once in three

years. 'l'eachers are required to make a phy ical examination of every child attend­

ina- the school an l enter on cards and official forms furni hed by the State Board of Health for uch examination. The teacher hall tran mit the e card and other form to the State Board of Health. The Board of Health ·hall have the e cards filed, cla sifted, and tudied, and shall notify the parent

or guardian of ev ry child who e card show a rious defect and a day shallbe de io-nated for a thorough examination of th child. In the countie theounty commi ioners shall pay to the State Board of Health ten dollars per

hundred children enrolled to pay for treatment. and the citie or town withseparate school ystem to be paid by the city commis ioners, aldermen, etc.4 special appropriation is et a ide out of the educational fund for free dental treatment. The tate Board of Health is conducting dental clinic in the chools of the everal countie a rapidly a po sible. Denti ts examine all

school children in such counties and provide for treatment.

COMPULSORY SCHOOL ATTENDANCE AND CHILD

LABOR LAW

[CHAPTER 100, ACTS OF 191!).] �EC'l'IOX 1. EYet'Y varent, guardian or other per ·on in the tate of ~ 'orth

arolina ha·dng llarge or control o.f a child b tween the age of eio-ht an 1 fourteen yrnrs .-hall au e such child to att ncl .- hool continuou ly for n peri t1 equal to the time which the 1mblic .-chool in th di ·trict in which the child resides sha11 be in . e sion. The principal. . uvcrintendent, or teach r who i.. in charge of sn ·h . chool shall have th right to cxcu -·e the child from tem170-r:ur attenclance on HC· • unt of ,_ickn0ss r clistnncc of re::-idence from the ·chool, or other unavoidalll au:se which doc- uot con titute trnancy a. defined

by the State Board of Edu ation.

31

SEc. 2. .Any parent, guardian, or other person referred to in section one of this act, violating the provi ions of the aforesaid section, shall be guilty of a misdemeanor, and upon conviction shall be liable to a fine of not less than five dollar ($5), nor more than twenty-five dollars ($25), and upon failure or refusal to pay such fine, the said parent, guardian, or other per on shall be impri oned not exceeding thirty days in the county jail.

SEc. 2a. It shall be the duty of the State Board of Education to formulate . uch rules and regulations a may be nece sary for the proper enforcem nt of the provisions of this act. Said board shall prescribe what hall con titute truan y, what causes may constitute legitimate excuses for temporary non­att ndance due to physical or mental inability to attend, and under what cir­cumstance teachers, principal , or �uperintendent · may excu e pupil for nonattendance due to immediate demands of the farm or the home in certain season of the year in the several ·sections of the State. It shall be th duly of all ·chool officials to carry out , uch instructions from the State Board of Education, and any chool official failing to carry out such in.·tructions ,hall be guil y of a mi. demeanor: Provided, that section one of this act i;;hall not be in for e in any city or ounty that ha. a high r compul. ory attendau e law now in force than that provided herein; but in any uch case it shall he the duty of the State Board of Education to inve ti0·ate th . am arnl c.lcci.de that any ·uch law now in for e has a higher compul or.r attendance f atnre than that provided by tllis a t: Provided, that wherever any di.·trict i with­out adequate building or buildings for the prop r enforcement of thi act. the ounty 1>oarc1 of cdu ation may be allowed not more than b,o years from

July the fir. t, one thousand niue hundred and ninet en, to make full and ample provi ion. in every district.

SEc. 3. The county superintendent of public welfare or chief chool attend­ance officer or truant officei' provided for by law Rlrnll inve. tio-ate and pro e­cute all violations of the 1 rovi ion of ection one of this act.

SE . 4. The Stat Superint ndent of Public In truction hall prepare such rule of procedure and furni 11 such blank · for teacher and other chool official · as may be nece� ary for reporting each a of truancy or lack of attendance to the chief attendance officer referr d to in ection three h reof. , uch rule.· hall provide, among other thino-s, for a notification in writing to the per on respon�ible for the nonattendance of any child, that the ca e i to Ile reported to the chief attendance offic r of the county unle s the law is immediately complied with. ounty boards of education and governing bodi s of city . chool. . hall have the right to appoint town or district attendan e officer ,vben deemed by them necessary, to as ist in carrying out the provi­sions f s ction · one. two. three, and four of tbi act, and the rule and in�trnc­tions whieh may be vromulgat d by the tate Superintendent of Publi In­struction. But in very case in which it become. ne essary to pro. e ute for nonatt ndance the a e shall be referred to the chief att ndance officer of tht c-ounty for further a ti n: Pro1,·ided, that in town oi· citie havincr p <'ial attendance officer.· paid out of town or city fund aid ofticer . hall have full authority to prosecute for violation. of this act.

SEc. 5. No child und r the age of fourteen year shall be employed, or permitt d to work, in or about or in connection with any mill, factory, annN,r. work hop, manufacturing e tabU ·hment, laundry, bakery, mercantile establi�h­ment, office, hotel, re taurant barber shop, boot-bla k stand, public 'table, �arag , pin ·e of amu ement, brick yard, lumber yard, or any me seng r or delivery ervice, except in ca. e and under regulation prescribed by the ·om­mis ion hereinafter created: Provided,, the employment· in thi ection enu­merated , hall not be con. trued to include bona flde boys' and o-irls' cannino­·lub re o nized by the Agricultural Department of thi tate; and su h can­

ning club are hereby expre . ly exempted from the provi ion of this a t. EC. 5a. It shall b the duty of the ounty board of education of ea h

ounty in the State of North arolina to cause thi. a ·t to be published in full in ome new paper published in the county, if there be one, and if there be none, then in circular form and di tributed over the county at least four weeks prior to the opening of the schools after the fir t day of .July, one thou. and nine hundred and nineteen.

SEc. 6. No per ·on under sixteen year· of age ball be employ d or p r­mitted to w rk, at night in any of the place or occur ations referred to in section five of this' act, between the hours of nine p. m. and six a. m., and no per on under ·ixteen years of age shall be employed 01· permitted to work in or about or in connection with any quarry or mine.

SEC. 7. That the State Superintendent of Public In tru ·tion. the Secretary of the State Board of Health, and the Commis ioner of Public Welfare of the State of orth Carolina are hereby on tituted the State' hild Welfare Com­mission, and they shall serve· without additional compensation. It hall be the duty of thi commi , ion to make and formulate ·uch rules and regulation for enforcino- and carrying out th provi. ion of this a t. and of hapter eighty­three of the Public Law of one thou and nine hundred and thirteen. and chapter eight hundred and fifty- even of the Public Law· of one thousand nin hundred an l nine as in its judgment it . ·hall deem nee ·sary.

SEc. 8. That for the purpo ·e of securing the proper enforcement of the nrovision. of section · five six, and seven of this act, and of chapter eighty­three o:ll the Public Law.· of one thou and nine hundred and thirteen, chapter eight hundred and fifty- even of the Public Laws of one thousand nine hundred and nine, the said· commission, or it. duly authorized agent hall have au­thority to enter and inspect, at any tim . mines, quarries mil1 , factorie , cannerie., workshop., manufacturing establi. hm nt laundrie · bakeries, mer­c-antile e tabli ·hment , office,, hotel.·. r staurants, barber , hop., boot-black F-tand , public stable·, garages, pla e of amu..; ment, brick 3 ards, lumber yard:-:. and other places of em1 loyment, and it shall be unlawful for any person, firm, or corporation to refu e permi:,,;. ion to enter. obstruct, or prevent any duly authOTized ngent of said commission in hi effort to make th insp ction h rein provided for.

EC. 9. The ·aid commi · ion hall have authority to appoint and employ . uch agent. for the purpose of enforcing tile provision of sections five. , ix . even, and eight of thi act a may be found to be nece ·ary, and they may u. e the county sup rintendent of public welfare or hief . ·chool attendanceofficer or truant officer of the everal counti . for the purpo e of carrying outthe orovi. ion of section five, six, . even an l ei<Yht of thi act, and they mayu."C the agents ·pecially designated for carrying out the 11l'0vision of . e tiou� five. six, even, and ight of this a t. to aid in carrying out the provi. ions ofse tions one. two, thr e, and four of thi~ act in regard to chool attendan e.

EC. 10. That if the employ r of any person under ixteen y ar · of ag ,"hall, at the time of , uch employment, in good faith, procure, rely upon, and ke I on file a certificate i ued in such form and under uch conditions and by l'<UCh persons as the aid commi ion herein provided for hall prescribe, show­ing that the person is of legal age for uch emplo:yment, uch certificate hall be prima facie evidence of the age of. the person and the good faith of the employer. r o person shall knowingly make a false statement or pre ent fal$e evidence in or in relation to any . uch certificate or application therefor. ot· cause any false statement to be made which may re ult in the i suauce of an imr roper certificate of employment.

EC. 11. The State Treasurer shall honor all warrant. for neces ·ar:v x­pense incurred by said commis ion as aforesaid, for meeting the salarie. · and expenses of any agents employe l by said commission in the enfor ement of thi act, and the nece ary expen e incurred by aid ommission in carrying out the provision of this act, out of funds not otherwi ·e appropriated such warrants to be drawn upon the State Auditor by the commission hereby created, or it duly authorized agent: Provided that :ai l expense so incurred shall not exceed the sum of six thou and dollar per annum.

SEC. 12. That any person, firm, or corporation violating any of the provi­sion. of section five, ix, seven, eight, nine, and ten of thi act, or of the provisions of chapter eighty-three of the Public Law· of one thou. and nine hundred and thirteen, or of chapter eight hundred and fifty-seven of the Public Laws of one thousand nine hundred and nine, shall be guilty of a mis­demeanor, and punished by fine or imprisonment, or both, within the di cretion of the court.

-----,

33

SEC. 13. That all laws and part of law in conflict with thi. act are hereby reriealed.

SEc. 14. That this a ·t shall be in force from and after the first day of July, one thousand nine hundred and nin teen.

Ratified this 10th day of Mar h. A.D. 1919.

RULINGS OF THE STATE CHILD WELFARE CO 11\IISSION ON THE

CHILD LABOR LAW

[SECTION 5, CHAPTER 100, PUBLIC LAWS 1919.]

SEC. 5. Prov'idecL, that no child under the age of fourteen years . hall be employed or permitted to work in or about or in connection with any mill. factor.r , cannery, work.-hop manufa ·turing e tabli ·hment, laundry, bak­ery. mercantile e tabli. hment. office, hotel. re taur·ant barber shop, boot­black �tand, publi . table, garag , place of amusement. brick yard. lumber yard. or any meN enger or cleliv ry ervice, except in ca e·· and und r regula­tion · 11re ribecl by the ommi. ion hereinafter created.

SEC. 6. Provirled, that no per. on under ixt en years of arre ·h,lll be employed or permitted to work, at night in any of the 1 laces or occupation r ferred to in section 5 of thi · a t between the hours of 9 p. m. and 6 a. m. and no D rson under . ixteen y ar. of ag hall be employed or vermittecl to work in or about or in onnection with any quarry or mine.

Rulings

The State Child ·welfare ommi � ion, in xecutive ·es. ion on Aug-u.-t 6, 1919,

made the following rulings which have the force of law:

1. o child of any age under 16 year ·hall be permitted to work in any of

the occupation mention d in ·tion - . b fore 6 o'clock in the morning or after

9 o'clock at night. This ruling i made mandatory by section 6, and the law

gives no discretion to the commi sion to modif;v the same.

2. ro girl under 14 y ars of ao- .-hall be permitt cl to work in any of the

oc upation mentioned in . ection 5. The r ason for this is that if the woman­

hood of the State i to b properly conserved in the future, girl of tender age

ertainly should not be allowed to run the fano-ers of as. ociation inherent in

emplo:vm nt in public places.

. No ·hild under 14 years ·of a e hall be em1 loyed in any of the oc ·upa tion

mentioned in ection 5, for more than eight hours in any one clay.

4. Bo�·.- between 12 and 14 year of age may be em1 loyed in the enumerated

o cupa tion · when the public F-chool is not in s ·sion when it is ·hown to the

·ounty ::;uperintendent of public welfare that the p1opo eel employment i · not

to the injury of the health or morals of the hild. But in no case hall uch

em11loyment be legal until a ertificate has been issued by the county super­

intendent of public welfare ou blanks furni heel by the State Commission.

Befor determining the question the county uperintendent of public welfare

may. if 11 - deem it ne e. ary, require a phy i al examination of the child by

th publi health officer or other practicing physician.

5. During the time that the public chool i in session boys between 12 and

14 years of age may be mployed on Saturday and out of school hours on the

·ame condition a above provided that uch employment does not interfere

with their chool work. Where school officials have provided for what i.

known as continuation schools, and where arrangement ha been made to make

the outside employment a unit of the chool work, boys of this age may be,· in

pecific cases, allowed to be occupied in employment during school hours for

a limited. time, at the discretion of the superintendrnt of the school.

34

Employments Not Prohibited

It is to be noted that the law does not prohibit the employment of children iu occupation other than those enumerated in section 5, such as farming an<l clome. tic mployment. It is assumed, also, that it doe not affect children wh are kept by their parents under their direct per onal control in or about place� owned and operated by the parent.: them ·elves, except in prohibited hom�. The rea. on for thi i. that parent are supposed to control and care for tlleir own children wherever they may be with them.

General Pm·poses

The commission feel· that it should call the attention of parent public­officer . mini ter , educators, social workers and thinkers, and the public o-en­erally to the fact that the Legislature intended this act to be a mea ure for child welfare, and to solicit the aid and cooperation of all in , ecuring thf' beneficent purpose intended. To thi end it is neces ary to make every possibll' effort to provide whole.-ome conditions of environment for children, while not in .-chool or employed. Such nvironment must depend upon better homl' influences, more parental thought and care. and more public cooperation iu the way of playo-rounds and other wholesome recreation. It is still tru tha1 an "idle brain is the devil's work hop," and juvenile delinquency ari:-;es in ncarl;v all case.- from idlenes. or la ·k of prop r direction of youthful ener,cs.

PROVISIONS FOR THE INSANE

There ar two hos.vitals for the white i11sane in North arolina, the tat<· Ho. pHal at Morganton and the State Ho. pital at Raleigh. There is on ho:-; pital for the colored. the State Hospital at Gold. boro. A department for th<' c·riminal in. ane is maintained at the State's Prison at Raleigh.

At th State Hospital at Ralei.o-h a colony for white epileptics is maintain <l to which white epilepti ·, are sent from all o,er the State in the ame manner a.- insane 1 ersons. u h colored epileptics as tu.ere is room for are taken ar the Goldsboro hospital. The b.o pitals for the insane and the Caswell Training f:lchool for the feebleminded are un 'ler the control of a board of directors of t·welve members who are appointed for six-year term by the Governor with thP approval of the Senate. The three directorR coming from the section of th( :Morganton hospital serve as an executive committee of the board for that institution : the three from the s tion of the Raleigh Ho. pital serve as all <'X('cutive committee for that in titution; three from th State at large . ervc>

a:-; an executive committee for the Goldsboro ho pital, and three others serve 11s an executive committee for the Caswell Training School. The pre:-;ent board of director i compo ed as fol1ows:

JOSEPH G. BROWN, Raleigh, Cha'irman of the Board

} B. B. A.DAMS, Four Oak ·········· .... Raleigh Hospital DR. C. C. WooD.A.BD, Durham

A... E. TA'rE, High Point } .J. H. GILES, Glen Alpine ...................................... ..................... Morganton Hospital

R. R. CLARK, Statesville

35

J. w. THOMPSON, Gold boro ······································Gold boro Hospital F. B. McKIN;\TE, Loui burg

} COL. w. H. WILLIAMS, "Wilmington

J.�;�G�E::��:�:to�ro

}-···································-·······Caswell Training Schoo l D. F. "'\YOOTEN, Kin ton

ADMISSION OF PATIENTS

Idiots Not Admitted

No idiot hall be committed to any hospital, and for the pmpose of thL chapter an idiot is defined to be a person born deficient in mind.

Priority Given to Indigent Patients; Payment Required from Others

In the admi sion of patients to any state hospital. priority of admis ion shall be given to the indigent insane; but the board of directors may regulate ad­mi ·sions. having in view the curability of patients, the welfare of the institu­tions, and the exigencies of particular ca e . The board of directors may, if there be . ufficient room, admit other than indigent patients upon the pay­ment of proper compensation. If any inmate of any State hospital shall require private apartments, extras, or private nurses, the directors, if prac­ti able. shall provide the same at a fair pri e to be paid by such patient. Upon the death of any nonindigent patient, the State hospital may maintain an action against his estate for his support and maintenance for a period of five years prior to his death.

Only Bona Fide Residents Admitted to Hospitals

No clerk of the court or justice of the peace shall commit to a hospital any person who i not a bona fide citizen and re ident of this State; and no person who shall have removed into this State from another 'tate while insane shall be deemed a re ident or citizen of this State; and no length of re idence in

this State of a per on who was insane at the time he moved into this State shall be sufficient to make that person a citizen or resident of North Carolina within the meaning of this chapter. If any clerk or justice of the peace shall knowingly commit to any hospital a person who is not a bona fide citizen and resident of the State, he shall be guilty of a misdemeanor, and upon conviction shall be fined or impri oned at the di cretion of the court.

Findings as to Residence in Examinations Reported

In eyery examination of an alleged in. ane person it shall be the duty of the ·!erk or justice of the peace to particularly inquire whether the alleged insane

1> r.:on i:-: a re .. ident of thi State, a� hereinbefore set forth, and he shall state hi finding. upon the ubject in his report to the uperintendent of the hospital. If it is· not po� ible to ascertain the legal re idence of the alleged insaneperson and the clerk or ju tice of the peace shall be of the opinion that thein ane per ·on is a resident of this State, within the meaning of this law, he ·hall state tlla t he was unable to a certain the legal re. idence of the insane

per on. and . hall commit him to the hospital of his di trict.

36

Settlement of Patient Determined

For th purpose· of this chapter the settlement of every person admitted

to a State hospital as in ane shall be in the county where the actual place of

his residence at his admi sion may be ituated, when such settlement com .·

in que tion, but no per on can have a settlement in any county in thi State

unless he is a bona fide citizen and resident of thi State, and wa so beforr

mental disease became manife t.

Affidavit of Insanity to Procure Admission

For admi sion into a State ho pital the following proceeding shall be had:

'ome re pectable citizen, residing in the county of the alleged insane persou,

hall make before and file with the clerk of the Superior Court of the county

an affidavit in writing, which ball be sub tantially in the following form:

TATE OF ORTH CAROLINA, ............................ County.

The under igned, re iding in said county, makes oath that he has carefully

xamined .................................... , and believes him to be an in ane person, and to

b , in the opinion of the undersigned, a fit subject for admi ion into a ho. pital

for the in ane.

Dated .......... day of .......................... , A.D.

.Affiant.

Sworn and ubscribed before me.

Clerk Superior Court.

lerk to Issue Order for Examination

"Thereupon, unless the person in who e care or custody the insane person

L will ao-r e to bring him before the clerk without a warrant, or unless the

·lerk hall be of the opinion that it will be injurious to the insane person to

be brought before him, the clerk shall issue a precept, directed to the sheriff

or other lawful officer, substantially in the following form :

TATE OF ORTH CAROLINA,

To the hedff or other lawful officer of ...................... County-Greeting :

""\ herea information, on oath, has been laid before me that ............................... .

i · insane, you are hereby commanded to bring him before me within the next

t n day that necessary proceeding may be had thereon.

(;iven under my hand, ............ day of ............................ , A.D ............. .

Clerk Superior Court.

Clerk and Physician to Make Examination

If the alleged insane person be confined in jail otherwise than for crime, th

:-:heriff shall remove him from the jail upon order from the clerk. Upon the

bringing of the alleged in an� per ·on before the derk by his friend , or upon

the return of the pre ept with th body of the in ane per on, the clerk shall

37

call to hi as istance the county physician of the county, or some other licen ed

and reputable physician, resident of this State, and hall proceed to examine

into the condition of mind of the alleged insane per on. He shall take testi.­

mony of at least one licensed phy ician, resident of this State, and, if possible,

a member of the family, or some friend or per on acquainted with the alleged

insane person, who bas had op1 ortunitie to observe him after uch insanity

is said to have begun.

NOTE. The county health officer, if there be one, performs the duties of county physician. See Public Health, s. 21.

Clerk May Discharge Person, Require Bond, or Commit to Hospital

If the clerk, after his examination of the alleged insane per on, and the

hearing of the testimony as aforesaid, hall decide that such person is sane,

he shall forthwith discharge him. If he �hall decide that such person i in-

ane, and some friend, as he may do, will not become bound with good security

in an amount to be fixed by the clerk to restrain him from committing in­

juries, and to keep. upport, and take care of him until the cau e for confine­

ment shall cea e be shall direct uch in ane per on to be removed to the

proper hospital a a patient, and to that nd he shall transmit to the proper

board of directors the examination of the witnesses, and the statement of su h

facts as he shall de m pertinent to the ·ubject-matter.

Exalllination at Home of Patient

If the clerk of the court hall be of the opinion that it will be injuriou.' to

the alleged insane per on to be brought before him, the clerk shall proceed to

the residence or habitation of said person and take the examination there.

When Justice of the Peace May Make Examination

In a case of emergency, when for any reason the clerk of the court cannot

go or is absent from the county, then any justice of the peace is authorized to

proceed in like manner by taking the te timony of the physician and other

witnesses, as is before provided for in this chapter, and report the same to the

clerk. If the clerk is satisfied that the alleged insane person is a fit subje t

for a hospital for the insane, he shall issue an order for his commitment.

In cases of great emergency or inconvenience, the said justice may commit

a patient to a hospital, and the superintendent is authorized to receive him.

but the ju tice shall procure an order from the clerk to be forwarded to the

uperintendent within thirty days.

Questions to be Answered and Certified to Superintendent

The following que tions ( clerk of court will furni b li t of questions), with

their respective an wers by at least one licensed physician, resident of thi�

State, and such other competent witnesses as the clerk or justice shall deter­

mine, duly sworn and subscribed by them, and so certified by the clerk or

justice, shall be tran mitted with the other papers to the superintendent of

the proper hospital, to be reported as soon as practicable to the board of

directors. Pending the consideration of the application by the board. of

directors, the patient shall remain in the custody of the officer or such person

as the clerk may designate until it can be ascertained if there is room for the

patient at the hospital.

38

Clerk to l{eep Record of Examinations and Discharges

The clerk will keep a record of all examination of person alleged to be

iusane. and he shall record in such record a brief ummary of the proceedingi­

and of his findings, and whenever a justi e of the peace hall transmit to the

clerk a report of his proceedings when he shall have examined a person under

the powers granted under this chapt r the clerk shall.make a record of his

proceedings, and for recording the justice's proceedinO' he shal� be entitled to

a fee of twenty-five cents to be paid by the county aforesaid, and he shall

keep a record of all probations and dis harges provided for in article four of

thi chapter.

Fees for Examination

The followino- fees shall be allowed to the officers who make the examination.

and they shall be paid by the county in which the alleged in ·ane person i:-­

s ttlecl: To the clerk or ju tice who make. the examination, two dollars, and

if the clerk go .· to the home of the in ·ane person he shall b entitled, in

addition to thi . um, five cent a mile each way. This hall cover his entire

·ost in taking the examination and making out the nece ary paper .

The physician alled, in the absence of the county physician shall be eutitled

to two dollars with mileao-e. The county physician. being a salaried officer.

is not allowed any fee for his ervices in this examination. The ·heriff shall

be entitled to ·uch fees as are now allowed by law for the service of process

of ,_imilar character.

Attendant to Convey Patient to Hospital

lVhenever any in ·ane per on shall be entit1ed to admission into any of tlw

hospital of the tate and the clerk of the Superior Court, ju tice of th<-'

peace, or other officer authorized by law to find such person insane hal-; �o

found and has been notified that such in ane person will be admitted into the

ho pital, it shall be the duty of the clerk or ju tice of the peace forthwith to

notify the superintendent of such hospital, giving the race, name ex, and

::u�e of the patient, and it hall be the duty of such uperintendent to send an

attendant to bring such in ane person to the hospital. Such an attendant shall

have all uch right as the heriff or other officer has heretofore had to convey

the in ane person to the ho pital.

Bill of Expense Sent to County Commissioners

Upon the arrival of such insane per on at the hospital, the superintendent

.'hall .-end to the board of commissioners of the county in which such insane

person had a settlement a bill covering the costs of conveying such insane

1 erson to the hospital, including any fees that would now be allowed an officer.

Hnd it shall be the duty of the board of ·commis ioner forthwith to repay to

such hospital the amount of such bill.

Cost of Conveying Patients to and from Hospital; How Paid

The co t and expenses of conveying every insane person to any hospital

from any county, or of removing him from the hospital to his county, or of the

return to the county of his settlement, as same, shall be paid by the treasurer

of such county, upon- the order of its board of county commissioners. When-

39

ever the board of commissioners shall be satisfied that such person has prop­

erty sufficient to pay such cost and expenses. or that some other person liable

for his support and maintenance has property sufficient to pay uch costs aud

expenses a aforesaid, they shall bring an action and recover the amount paid

from the said person, or from the other person liable for his support and

maintenance.

Preparation of Patient for Admission to Hospital

Every heriff or other person bringing to a hospital a patient . hall see that

the patient is clean, free from contagious disease and vermin, and that he

has clothing prope·r for the season of the year, and in all case. two full .·uits

of underclothing.

Commitment in Case of Sudden or Violent Insanity

Whenever any citizen or resident of this State bee:omes suddenly or violently

insane, in ome county other than that of his settlement, the proper authorities.

as hereinbefore provided, of any county in which he shall be, shall have tb•�

authority to examine him, and, if nece ·sary, commit him to the ho pital to

wlli h he would be sent had he been committ d from the county of hi. own

·ettlement.

Expense Paid QY County of Settlement; Penalty

Immediately upon the commitment to a ho pital of any uch person, a tran­

script of the proceeding. shall be ent to the clerk. of the county in which he

is settled. and that county . hall pay over to that county from which he was

committed all the cost of the examination and commitment, and if the board

of commi sioners of the county of the ettlement shall fail to pay all proper

expense of said proceeding within sixty days after the claim hall have been

pre ented, th y shall forfeit and pay to the county which committed the in, ane

verson the sum of two hundred and fifty dollars, to be recovered by the com­

mis ioners of that county in a civil action brought in the Superior Court of

that county from which the patient was committed to the hospital, again t the

comrnis ioner of the county.

Person Conveying Patient to Hospital Without Autho1·ity

No sheriff or other person hall convey a patient to any ho pital without

having ascertained that the patient will be admitted, and if any ·beriff r

other person ·hall carry a patient to a ho pital without having ascertained

that the patient will be admitted, and the patient L not admitted, he shall he

r quired to convey the patient back to the county of hi· settlement, and be

sha11 not be repaid by the county or hospital for the expenses incurred in

carrying the patient to and from the hospital.

Commitment upon Patient's Own Application

Any per ·on believing himself to be of unsound mind, or threatened with

in anity, may voluntarily commit him elf to the proper hospital.

'Insane Person Temporarily Committed to Jail

When any p r on i found to be insane under any of the provisions of this

chapter, and he cannot be immediately admitted to the proper hospital, and

such person is also found to be subject to such acts of violence as threaten

40

mJury to him elf and danger to the community, and he cannot otherwise be

properly i:estrained, he may be temporarily committed to the county jail nnti!

a more uitable provision can be made for his ca e.

County Commissioners May Discharge Insane Person in County

It shall be the duty of the board of county commi iQners, by proper order

to that effect, to di ·charge any a certain d in ane per on in their county, not

admitted to the appropriate hospital, and not committed for crime, when it

shall appear upon the certificate of two respectable phy icians, and the 1:hair­

man of their board, that uch in ane per�on ought to be discharged in a

ho pital.

PRIVATE A.ND LO AL PUBLIC HOSPITALS TO BE LICENSED

It shall be lawful for any person or corporation to establish private ho -

pital , home , or chool for the cure and treatment of in ane persons, idiots,

and feebleminded per ons and inebriate:s; but licen e to e tabli h said hospitals,

homes or schools mu t, before the ame are opened for patronage, be obtained

from the board of public charitie , and aid hospitals, home , or chools shall

at all times be ubject to the visitation of the said board or any member

thereof. and each hospital, home, or school ·hall make to , aid board a semi­

annual report on the fir t day of January and July of each year.

In aid report hall be tated th

admitted, the numb r di charged durina the ix month preceding, and the

offic r of the ho pital, home or school. And each ho pital, home or ·chool

."hall file with the aid board a copy of its by-law , rule and regulations, and

rate of charge . The book of each ho pital, home, or chool shall at all time.

be open to the inspection of the said board or any member thereof. The board

of public charities i hereby aiven the authority to supervise and regulate all

mivate hospitals, homes, and schools establi bed hereafter in this State for the treatment of the above cla se of people, and the aid board shall have power to prescribe all uch rule and regulations as they may deem necessary, and i:;hall exercise the power of vi itation, and for that purpose may deput any member of their board to visit and supervise any private hospital, home. or school hereafter established under thi chapter. The board of publi charitie may brina an action in the Superior Court of Wake County to vacate and ann}ll any licen e granted by aid board, when it shall appear to the satis­faction of aid board that the manager of any private hospital, home, or .'Chool have been guilty of gros neglect, cruelty, or immorality.

Any county, city, or town may establish a hospital for the maintenance, care, and treatment of such in. ane person a cannot be admitted into a Stat ho pital, and of idiots and feeble-minded per on upon like conditions and requirements as are above prescribed for the institution of private hospitals; and the board of public charities is given the same authority over uch hos­pitals a is given them by the preceding ection for private hospital .

All hospitals, homes, or schools for the care and treatment of insane ·persons, idiots and feebleminded persons and inebriates, formed in c�mpliance with the two preceding sections and duly licensed by the board of public charities a in this ubchapter provided, shall, during the continuance of such license,

41

become and be a part of the system of public charities of the State of orth

Carolina.

Consolidated Statutes, c. 101, Art. V, ss. 64, 65, 66.

PRIVATE HOSPITALS LICENSED

Hospital and Location Superintendent

Broadoak Sanatorium, Morganton ............................................ Dr. Isaac M. Taylor

Appalachian Hall, .A.sheville ..................................................... : .. Dr. Wm. Ray Griffin

Glenwooq Park Sanitarium, Greensboro .................................... Dr. W. C. A hworth

CARE OF THE POOR BY THE COUNTY

Under the decision of the courts, "The general duty is imposed of providing

for the poor, the place, method, and extent of relief are inve ted in the judg­

ment and discretion of the county commissioners."

It is the duty of the county superintendent of public welfare "to have under

the control of the county commissioners the care and supervi ion of the poor.

and to administer the poor funds."

The following codification of the poor law appears in the con olidated

tatute of orth Carolina:

Support of Poor; Superintendent of County Home; Paupers Removing to

County

The board of commi ioner of each county is authorized to provide by

taxation for the maintenance of the poor, and to do everything expedient for

their comfort and well ordering. They may employ biennially some competent

per on as superintendent of the county home for the aged and infirm, and may

remove him for cau e. They may institute proceedings against any per on

coming into the county who is likely to become chargeable thereto and cause

hi removal to the county where he was last legally settled; and they may

recover from such county by action all charges and expenses incurred for the

maintenance or removal of uch poor person.

County Home for Aged a nd Infirm

All per on who become chargeable to any county shall be maintained at

the county home for the aged and infirm, or at such place or places a the

board of commi sioners elect or agree upon.

Support of County Home

'.rhe board of commissioners may provide for the support of the person:"'

admitted by them to the home for the aged and infirm by employing a super­

intendent at a certain sum, or by paying a specified sum for the support of

such persons to any one who will takt=> charge of the county home for the aged

and infirm, as aid board may deem for the best interest of the county and the

au e of humanity.

Property of Indigent to be Sold or Rented

W'hen any indigent per on who becomes chargeable to a county for mainte­

nance and support in accordance with the provisions of this article, owns any

e tate. it i the duty of the board of commissioners of any county liable to

42

pay the expenses of such indigent person, to cause the same to be sold for it,

indemnity or reimbursement in the manner provicied in the chapter entitl <I

Insane Persons and Incompetents, or they make take posse sion thereof and rent the ame out and apply the rent toward th upport of . ucb indigent

person.

Families of Indigent Militiamen to be Supported

When any citizen of the State is absent on service as a militiaman or mem­

ber of the State guard, and his family are unable to support them elves durin!.';

his absence, the board of commissioners of his county, on application, shall

make towards their maintenance such allowance as may be deemed reasonable.

Paupers Not to be Hired Out at Auction

No pauper hall be let out at public auction, but the board of commis,;ioners

may make ·uch arrangements for the support of paupers with tlieir friend.·

or other persons, when not maintained at the county home for the aged an 1l

infirm, as may be deemed be t.

Legal Settlements; How Acquired

Legal settlements may be acquired in any county, so a to entitle the r arty to be supported by such county, in the manner following, and not otherwise:

1. By one year's residence. Every person who has resided continuously in

any county for one year hall be deemed legally ettled in that county.

2. Married women to have settie-nie-nt of their husbands. A married woman shall always follow. and have the settlement of her hu band if he have ans

in the State; otherwise, her own at the time of her marriage, if she then 11a<l

any, shall not be lost or su pended by the marriage, but shall be that of her hui:-band, till another is acquired by him, which hall then be th . ettlem nt of both.

:3. LegUimate childrtfn to have . ettlement of father. Legitimate childrea . ·hall follow and have the settlement of their father, if he has any in the State.

until they gain a settlement of their own; but if he has none, they shall, iu

like manner, follow and have the settlement of their mother, if he has any.

4. Illegitimate children to have settlement of niother. Illegitimate children

shall follow and have the settlement of their mother, at the time of their birth. if she then have any in the State. But neither legitimate nor illegitimatl'

children shall gain a settlement by birth in the county in which they may h' born, if neither of their parents had any settlement therein.

5. Settlement to continue until new one acqiiired. Every legal settlemeJJl

shall continue till it is lost or defeated by acquirino- a new one, within or

without the State; and upon acquiring such new settlement, all former . ettl0-

ment shall be defeated and lost.

Removal of Indigent to County of Settlement; Maintenance; Penalties

Upon complaint made by the chairman of the board of county commissioner!-. before a justice of the peace, that any person has come into the county who

i likely to become chargeable thereto, the justice, by his warrant, shall cause such poor person to be removed to the county where he was last legally settled ;

but if such poor person is sick: or disabled, and cannot be removed without

43

danger of life, the board of commissioners shall provide for bis maintenau ·e

and cure at the charge of the county; and after hi recovery hall cause bi.m to

be removed, and pay the charges of his removal. The county wherein be was

last legally ettled shall repay all charges occasioned by hi . ickne s, mainte­

nance, cure and removal, and all charges whatever, if such per ·on die before

removal. If the board of commi · ioners of the county to which such poor

person belongs refuses to receive and provide for him when removed a afore­

said, every commissioner so refusing shall forfeit and pay forty dollar , for

the u e of the county whence the removal wa made; moreover, if the board

of commi. ioners of the county where such person was legally settled refu es

to pay the charges and expenses aforesaid, they shall be liable for the same.

If any housekeeper entertains such poor person without giving notice thereof

to the board of commis ioners of his county or one of them, within one month,

the per. on so offending shall forfeit and pay ten dollars.

COUNTY HOMES TO KEEP RECORDS

[CHAPTER 72, LAWS OF 1919.]

ECTIO� 1. That the k per or ·uperintendent in charg of ea ·h county home in North Carolina, or the board of county ommis ioners in each ounty where there is no county home, shall keep a record book showing the follow­ing: Name, age, sex, and ra e of each inmate; late of entrance or discharge; mental and phy ical condition; c-au e of admis ion ; family relation and condi­tion; date of death, if in the home; co. t of supplies and per capita expen. e of home per month; amount of crops and value, and uch other information as may be required by the board of county commi ioner or the tat Board of Charities and Public Welfare; and give a full and accurate report to the county commi sioners and to the State Board of Charities and Public Welfare. Such report to be filed annually on or before the fir t Monday of December of each year.

LAWS RELATING TO MORALS AND VENEREAL

DISEASES

AN ACT FOR THE REPRESSION OF PROSTITUTION

[CHAPTER 215, LAWS OF 1919.]

SECTION 1. That from and after the passage of tlli act it shall be unlawful: (a) To keep, set up, maintain, or operate any place. tructure, building, or

conveyance for the purpose of prostitution or assignation; ( b) To occupy any place, structure, building, or conveyance for the purpose

of prostitution or assignation or for any person to permit any place, tructure. building, or conveyance owned by him or under hi control to be u ed for the purpose of prostitution or as ignation, with knowledge or reasonable cause to know that the same i , or is to be, used for such purpo e;

( c) To receive or to offer to agree to receive any person into any place,structure, building or conveyance for the purpose of prostitution or assignation or to permit any person to remain there for uch purpo e ;

( d,) To direct, take or transport, or to offer or agree to take or transport any person to any place, structure, or building or to any other per on with knowledge or reasonable cau e to know that the purpose of such directing, taking or tran porting is prostitution or assignation;

( e) To procure or to soliciti or to offer to procure or solicit for the purposeof prostitution or assignation;

(/) To reside in, enter or remain in any place, structure, or building, or to enter or remain in any conveyance, for the purpose of prostitution or as igna­tion;

(g) To engage in prostitution or assignation, or to aid or abet prostitution or assignation by any means whatsoever.

EC. 2. That th term 'pro titution ..

. ·hall b con -trued to iDclud tlw the offering or receiving of the body for exual intercourse for hil'e. and ball also be con trued to in lude the offering or r c iving of the body for indis­criminate exual int rcourse without hire. That the term "a signation' ·hall be con trued to include the makin°· of any appointment or enga o-ement for prostitution or any act in furtheran e of such appointment or engag ment.

EC. 3. That in the trial of an? per on charged with a violation of any of the provisions of ection one of thi act, te timony ,of a prior conviction. or te timony concerning the reputation of any place, structure or building and of the per on or per on who re ide in or frequent the ame and of the defend­ant shall be admi ible in evidence in upport of the charge.

SEc. 4. That any per on who hall be found to have committed two or more violations of any of the provi ·ion of ·ection one of this act witliin a period of one y ar n xt preceding the date named in an indictment, informa­tion or charge of violating any of the provision of section one of thi act shall be d emed guilty in the first degree. That any per ·on who hall be found to have committed a single violation of any of the provi ion. of thii­a t shall b deemed guilty in the second degree.

SEc. 5. (a) That any per on who hall be deemed guilty in the fir t degree. as et forth in ection four, . hall be ubject to impri onment in, or commitment to, any penal or reformatory institution in this State for not le than one nor more than three years: Provided, that in a e of a commitment to n reformatory in titution the commitm nt hall be made for an indeterrniuat period of time of not less than one nor more than thr e years in duration. and the board of manaO'er or directors of the reformatory in titution hall have authority to di charge or to place on parole any p r on so committed after the service of the minimum term, or any part thereof, and to require the return to the said institution for the balance of the maximum term of an�· per on who hall violate the term or condition of the parole.

(b) That any per on who shall be deemed guilty in the econd de.,ree, a� . et forth in . ection four, shall be subject to impri onment for not more than one year: Provided, that the entence impo ed, or any part thereof, may bt' u pended; and Provided further, that the defendant may be placed on proba­

tion in the care of a probation offic r de ignated by law or theretofor av­pointed by the court upon the recommendation of five re pon ible citizen .

( c) That probation or parole shall be granted or ordered in the ca ·e of ,l1 rson infected with venereal disea e only on uch term and conditions a:-: hall insure medical treatment therefor and prevent the spread thereof, and

the court may order any convicted defendant to be examined for venereal di ease.

( d) That no girl or woman who hall be convicted under this act hall lwplaced on probation or on parole in the care or charge of any per.·on except a woman probation officer.

SEc. 6. That pro ecution for the violation of any of tb provisions of . ection one of thi act shall be tried in the courts of thi State wherein mi�­demeanor · (offen. e ) are triable except as to uch court the juri diction of which is so limited by the Con titution of this State as that the said juris lk­tion cannot by . tatute be extended to include criminal action of the charactt>r herein de cribed.

EC. 7. That the declaration by the court of any of the I rovi ions of tbi:-: act as being in violation of the Con. titution of thi State . ball not i11validat1' the remainino- provision

A r A T FORI THE PREVE TIO r OF VE rEREAL DISE.<\. .. E

[CHAPTER 206, LAWS OF 1919.]

SECTIO_ 1. That syphili , gonorrhea, and chancroid hereinafter de ·ignate<I a· venereal disease are hereby declared to be contagious, infectious, com­municable, and danO' rou to the public health. It hall be unlawful for any one infected with the e di ease or any of them to expo e another p r on to

infection. SEc. 2. Any physician or other per on who makes a diagnosis in or treats

a case of venereal disea e, and any uperintenclent or manager of a ho pitat

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di�11ensary, or ·haritable or penal institution in which there is a ca e of venereal di ea e, shall make a report of uch case to the health authorities accordin° to uch form and manner as the r orth Carolina �Aate Board of Health hall direct.

SEC. 3. State county, and municipal health officer , or their authorized deputies. within their re pective juri dictions, are hereby directed and em­powered, when in their judgment it is nece ary to protect the public health. to make examinations of per on reasonably suspecled of being infected with venereal di ea e. and to detain such persons until the results of such examina­tions are known; to require person infected with venereal disease to report for treatment to a reputable physician and continue treatment until cured or to submit to treatment provided at public expen e until cured, and al. o, when in their judgment it is nece sary to protect the public health to isolate or quarantine persons infected with venereal di ea e. It shall be the duty of all local and State health officers to inve tigate ources of infection of venereal disea e, to cooperate with the proper officials whose duty it is to enforce laws directed again t prostitution, and otherwi e to use every pro1 er mean. for the repression of pro titution.

EC. 4. All per on who hall be confined or impri oned in any Stat . county, or city pri on in the State shall be examined for and, if infect L treated for venereal disease by the health authorities or their deputie . The pri on authoriti . of any State, cotmty, or city prison are directed to make available to the health authoritie uch portion of any State, ounty. or city pri on a may be nece ary for a clinic or ho pital wherein all person. who may be confined or imprisoned in any such prison and who are infected with venereal disease, and all uch per on. who are suffering with venereal di. -ea e at the time of the expiration of their terms of impri onment, and, in a e no other uitable place for i olation or quarantine i available, such oth r

per ons as may be isolated or quarantined under the provi ions of ection three, shall be isolated and treated at public expense until cured, or, in lieu of such isolation any of such person may, in the discretion of the rorth aro­lina tate Board of Health, be required to report for treatment to a licen ed phy ician, or submit to treatment provided at public expense a provided in section three. othing herein contained shall be construed to interfere with the service of any sentence imposed by a court as a punishment for the com­mi ·sion of crime.

EC. 5. The orth Carolina State Board of Health i hereby empowered and directed to make uch rules and re0ulations as hall in it judgment be necessary for the carrying out of the provi ions of thi act, including rule. and regulations providing for the control and treatment of persons isolated or quarantined under the provision of section three, and uch other rule:-; and regulations, not in conflict with provi ions of this act, concerning the control of venereal di ea e , and concerning the care, treatment, and quarau­tine of per ons infected therewith, as it may from time to time deem advi.'able. All uch rules and regulations so made shall be of force and binding upon all county and municipal health officer and other person affected by thi. act and hall have the force and effect of law.

SEC. 6. The orth Carolina State Board of Health, through it· otficers, ar hereby empowered and authorized to in ur su ·h expen s in the examination. detention. quarantine and tr atment of per.·on. su pected of having, or having. venereal disea e a in their judgment i nece. ·ary.

SEc. 7. The orth C!lrolina State Board or Health hall submit to the ·ouuty commi i ners, of the county in which per�ons u. pected of haying.

or having, vener al di ea es are su I ected of having pread the di ease, an itemized statement of e:s:1 enses incurred in the examination, detention, qua.r­an tine, or treatment of such person , and the county commissioners shall,within thirty day after the receipt of uch tatement of expense.·. pay to thetrea urer of the orth Carolina State Board of Health a um equal to til:.i.texpended.

SEC. 8. Any person who shall violate any of the provisions of this a ·t or any lawful rule or regulation made by the North Carolina State Board of Health pursuant to the authority herein granted, or who shall fail or refuse

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to obey any lawful order issued by any State. county, or municipal healtlJ officer, pursuant to the authority granted in this act, hall be deemed �nilt�· of u mi demeanor and shall be puni. hed by a fine of not le·· th:rn twenty-1in' ($25) dollars, nor more than fifty ($:-O) dollar , or by imprhn;ment f0r not more than thirty days.

AN AOT1 TO OBTAIN REPORTS OF PERSONS I�CTED WITH

VENEREAL DISEASES

[CHAPTER 214, LAWS OF 1919.l

SECTION 1. That it shall be unlawful for any person except a recrulady licensed phy ician to pre cribe or give away any medicine for th treatment of any person afflicted with any venereal disea e.

SEc. 2. That any druggi t or other person who sens at retail any patentecl. proprietary, or trademark remedy or alleged rem dy adverti ed or recom­mended or sold for or u.-ed in the treatment of venereal disease ( o-onorrhea. yphi1i . or chancroid) or lo. t manhood, impoten y, or terility, or medicinal

or parations containing the oils of cubebs, copabia andalwood, or the oils them elve , iodide of mercury, or preparations compounded for urethral in­jection , shall report weekly, on form and in accordance with instruction.· supplied by the rorth Carolina tate Board of Health, the sale of such rem -die . or alleged remedie , to the Bureau of Venereal Disea es of the orth

arolina State Board of Health. EC. 3. Any uerson who in obtaining a pre cription from a phy. ician under

section one of thL'. act, or in obtaining druo- · or remedi s mentioned in section two of thi act, ive a false or a sum cl name or addre , shall be 0uilty of a misdemeanor and subject to th penalti s imposed in section eight of this act.

SEC. 4. For the convenience of the public, a quarantine officer either mu­nicipal or county, shall appoint, on the official request of the orth Carolina State Board of Health, from the regularly registered physicians of the county one or more agents to i ue prescription for drug or remedies necessary for treatment of ·uch disea es.

SEc. 5. A. quarantine officer or agent of a quarantine officer who i ue a pre ·cription for any . uch drug, remedy. or alleged remedy, and who instruct· a per on infected with venereal disea e a. required by the State laws ancl reports by number but without identification aN now prescribed for reports by physicians for such diseases to the North Carolina State Board of Health shall be entitled to a fee of fifty cents, twenty-five cent. of which hall be paid by the Bureau of Venereal Diseases of the North Carolina State Board of Health and twenty-five cents of which hall be paid by the county commis­sioner of the county in which the quarantine officer has jurisdi tion on a certification of the Bureau of Venereal Diseases of the orth Carolina State Board of Health of the number of prescriptions issued by the quarantine officer or the quarantine officer' agent: Provided, however, that the munici­pal authoritie shall pay the above amount for prescriptions i ued by a municipal quarantine officer or hi agent; and Provided /itrther, that a quar­antine officer hall not be entitled to any pay from either county or city for issuing prescriptions to per. on who pay the quarantine officer in part or in full for the i suance of pre criptions; and Provided further, that everal prescriptions i ued on a ingle visit of the infected person to the quarantin officer hall entitle the said officer to not more than the fee for a foaJe pre­scription.

SEc. 6. Any and all prescriptions for venereal disease (gonorrhea, syphilis. or chancroid) or impotency, sterility, or lost manhood, or prescription con­taining the drugs, remedies, or alleged remedies, mentioned in section two of this act shall be kept by a druggi t on a eparate file and hall be ubject at any reasonable hour to inspection by an officer of the North Carolina State Board of Health.

SEc. 7. The State health officer or hi deputy or agent may require any purcha er of remedie or alleged remedies designated in section two of thi · act and who may be reasonably supposed to be infected with a venereal dis-

47

ease, to appear before a regularly licensed pby i ian, quarantine officer or agent for an examination for the aid di ease.

SEc. 8. Any person violating any of the provi ions of tbi act shall he guilty of a misdemeanor and shall be fined not le than ten dollars nor more than fifty dollars, or imprisoned for not exceeding thirty day .

AN ACT TO PREVEN� THE DEGRADING OF PUBLIC MORALS

[CHAPTER 761, LAWS OF 1913, MADE APPLICABLE TO WIIOLE STATE BY LEGISLATION OF 1919.]

, ECTION 1. That it hall be unlawful for any per on, firm, or corporation to :.,ell, furnish, or give away any cocaine, alpha or beta eucaine, novocaine, opium, morphine, heroin, codine, or any salt or compound of any of the foregoino- sub­stances, or any preparation or compound containing any of the foregoing substances, or their salt or compound , in greater quantity than is pre�cribed in the United States Pharmacopoeia, except upon the original writlen order or prescription of a lawfully licen ed practitioner of medicin dentistry or veterinary medicine, which order or pre cription shall be dat d, and shall con­tain the name of the per on for whom prescribed, or, if ordered by a practi­tioner of veterinary medicine, shall state the kind of animal for which ord red, and ball be igned by the per on givino- the order or pre cription; and in no ca e shall any I)er on, firm, or corporation fill any pre cription or order for co aine, alpha or beta eucaine, novocaine. opium, morphine, heroin, odine, or any salt or om pound of any of the foregoing ubstances, or any preparation or ompound containing any of the for going sub. tances, or their alts or com­

pound , in flake or crystals, but only in a solution, or ointment, which shall not contain over four per cent of the above named ub tanc s, or any of them, and no such order< or pre cription hall be for a o-reater quantity than one ounce of any such solution or ointment sold and di pen ed in one-ounce bottles. Such written order or pre cription shall be permanently retained on file by the per on, firm, or corporation who hall compound or dispen the article ordered or prescribed, and it shall not be again compounded or dispensed, except upon the written or ier of the original pre criber for ach and every sub equent compounding or di pen. inO'. o copy or duplicate of uch written order or pre cription shall be made or delivered to any person, but the original ball at all times be open to iuspection by the pre riber, and properly author­

ized officers of the law: Provided, however, that the above provisions shall not apply to prescriptions containing opium, or its derivative , and recom­mended and old in good faith for diarrhea, cholera, or coughs each bottle r package of which is accompanied by ·pecific directions for use, and a caution against habitual u e; nor to the compound powder of ipecac and opium, com­monly known a 'Dover· rowclers"; ancl Prov·i<Jcd further, that the above provision shall not apply to sales at wholesale by jobber , wholesalers, an l manufacturer· to retail druggi ts or qualified phy icians, or to each other, nor to sale· at retail by retail clruggi ·ts to regular practitioner of medicine, clenti try, or ,eterinary m dicine. nor to sales made to manufacturer· of 1 ro­prietary or pharmaceutical preparation . for u e in the manufacture of su h preparation .. nor to al · t ho. pital , college , or cientific institution .

SE . 2. That it shall be unlawful fo1· any person, firm, or corporation to sell, furnish, or dispen e to any regular practition r of medicine, denti. t, 01· v:.terinary medicine more than one dram of cocaine, alpha or beta eucaine, novocaine, or any salt or compound of any of the foregoing ubst:rnces, or tb ir . alts or compounds, at one time; or more than one-half ounce of opium, mor­phine heroin, cocline, or any . alt or comr ound of any of the aid ub tance , or their alts or compound at one time.

SEc. 3. That it shall be unlawful for any person, firm, or corporation, doing a retail druO' bu ine s to have more than one ounce of cocaine, alpha or beta eu aine, novocaine, or any ·alt or compound of any of the foregoing substance or their salt or compound , or more than oue and one-half ounce of opium, morphine, heroin, codine, or any salt or compound of any of them or their . alt or compound , in his or it pos ·e ·ion at any one time.

SEC'. 4. That it shall be unlawful for any practitioner of medicine, dentist, or veterinarian, to have or keep in his possession at any time more than one

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dram of cocaine, alpha or beta eucai..ne, novocaine, or any .-alt or comi,ound of any of the foregoing ubstance , or their salts or compound , or more than on<'-half oun e of opium, morr hine, heroin, codine, or any Ralt or compouud of any of them, or their alt. or compound·. and each practitioner of medicine. dentist, and vet rinarian . hall ke p a omplete record of all purcha e , th date and amount of each purcha , and th name of the per ·on or party from whom each purcha e was made, an l a complete record of any dispo ition of aid drug , or any of them, and said record shall be open at all time · to the

in pection of the le"'ally authorized officer of the law. EC. 5. Tbat it hall be pre umptiYe evidence of an ill gal sale if the

amount bown by the amount on hand. plu tbe amount legally di pen eel with, doe not tally with the amount hown to have been rmrchased by th0 r tail drug0"i t, practitioner of m dicin , dentist, or veterinarian.

SEC. 6. That it hall be unlawful for any practitioner of medicine. denti t. or veterinary medicine to furni h to or pre cribe for the use of any habitual u er of the ame any ocaine. alpha or beta eucaine, novocaine, opium, mor­phine, heroin, odin , or any alt or compound of any of the foregoing ub­Rtances, or their salt. or compound ; and it hall a1�O be unlawful for an;\· practitioner of denti try to pre cribe any of the foregoin"' ubstance for an:,p r on not under hi treatment, in the regular pra ·tice of hi profe. ion orfor any practitioner f medicine to pre. cribe any of the foregoing . ub, tance�for the u e of any human being: Provided, however, that the provi ion. ofthi. ection hall not be con trued to pr v nt any lawfully authorized prac­titioner of m clicine from furni. bing or pr scribing in good faith for the n. eof any habitual u er of narcoti drug . who i. und r hi prof s ional car . . uch ub tan es as he may deem nece ·ary for his treatment, when su ·h pre-

ription are not given or . ubstance. furni heel for the purpo e of vncling the provision of thJ a t.

E . 7. That it hall be unlawful for any jobber. whole aler, or mauu­factul'el' to ell or furni ·h to any retail druggist cocaine, alpha or beta eucaine. novocaine, or any :�alt or ompouncl of any of th foregoing substance .. ot· thcil' alt or compound , in greater quantity than one ounc , at one time, ot· to likewi e ell or furni h or hun, morphine. heroin. codin , or any . alt or compound of any of th m, or th ir salt or compound . in greater qunntity than one and one-half ounces at one time; and it hall be unlawful for any jobber, wholesaler, or manufacturer to sell or furni h to any practitioner of medicine, dentistry, or veterinary m dicine, cocaine. alpha or beta eucaine. novocaine, or any alt or comt ound of any of the fore"'oing sub tance .. or th ir salt or compoun 1s in gr ater quantity than one dram, at one tim , or to likewise . ell or furni h opium. morphine, heroin, codin , or any alt or ·ompound of any of them, or th ir salt or compounds, in °Teater quantity

than one-half ounce at one time; and that every package old or furni heel byany jobber, wholesaler, or manufa turer . hall bear a erial number, tampecl upon the out. ide wrapper or cover: and that all jobber , wholesal r . andmanufacturers hall keep a compl te re ord of every ale made by them, show­ing the name of the buyer, hi pla e of bu ines , the date of the sale, the kindof drug old and if a alt or compound, the per entage of any sub ta.nee th rein enumerated, the amount sold, the serial number of ach packag . and the name of the clerk or employer by whom each order wa. filled, and these record ball be open at all time. to the inspection of the legally authorized offi er of the law.

EC. 8. That it hall be unlawful for any per on, firm, or corporation. other than tho e enumerated in this act, and al o tho e into who e hand, po. se sion may come, in enforcin"' or attempting to enforce the provi ions of this act, to have in his or their 11O.-se sion any cocaine, alpha or beta eucaine. novocaine, opium, morphine, heroin, codine, or any alt or ompound of the foregoin"' sub tance , or their salt or compounds.

EC. 9. That upon affidavit b ing made that th re is rea on to believe that the provi ions of tbi act are b ing violated at any place, or by any person. tho e offi. er or person authorized to i . ue proce.-s in cases provided in ection three thousand seven hundred and twenty-one of the Revi. al of one

thou and nine hundred and five, and the amendment. thereof, may and are

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hereby authorized to issue to any lawful officer of the city or county where such place or person may be a subprena capias ad test-ifi,candmn, or summons in writing, commanding any person who may have information concerning such violation of the law to appear and give evidence upon oath concerning the same.

SEc. 10. That no person shall be excused from testifying in any prosecu­tion for violating this act; or at any investigation concerning the violatino- of any law prohibiting the sale, dispensing, or possession of any of the substance mixtures, or compounds enumerated in this act, or any other law of the State concerning the same; bnt no discovery made by such person shall be u eel against him in any penal or criminal pro ecution, and he shall be altogether pardoned for the offense done or participated in by him.

SEC. 11. If any credible witness shall make oath before any person author­ized to issue process in cases provided in section three thousand even hundred and twenty-one of the Revisal of one thousand nine hundred and five, and the amendments thereof, that there is a reasonable cause to suspect that any pro­vision of this act is being violated, or any other act prohibiting the sa1e, di pen ·ing, or possession of the substances, mixtures, or compounds enumer­ated herein, it shall be lawful and the duty of uch officer or per. on to grant a warrant, to be executed within the limits of Guilford County, to any lawful officer of said county, authorizing him to search the place where, or the person by whom, it is alleged (in such affidavit) this act has been or i being vio1ated, and to seize and preserve any evidence of the violation of this act, to be used in the trial of any per on arrested by rea.·on of the examination, search, or seizure herein provided ; all cocaine, alpha or beta eucaine, novocaine, opium. morphine, heroin, codine, or any mixture of either, or any salt or compound of any of the foregoing substances, or any preparation or compound containin o­any of the foregoing ·ub tance. , or their alts or compounds, seized und r this act, shall be held, and upon acquittal of the per on so charged, shall be returned to him, and upon conviction shall be destroyed.

SEc. 12. That the city pro ecuting attorneys of said counti · are hereby authorized and directed to secure from the Federal internal revenue collectors of rorth Carolina, on or before the :fifteenth day of January, April, July, and October of each year, certified copies of the names of all per ons who have paid the Federal Government special taxes imposed upon the business of sell­ing intoxicating liquors within their respective counties, and to pay to the internal revenue collector the fee pre cribed by the statutes of the United State . Said city attorneys shall file with the county auditor of his county or city a certified statement of the amount paid to such internal revenue col­lector, and the board of commissioner shall audit and allow the same at their next regular or special meeting.

SEc. 13. Upon receipt by the city prosecuting attorney. of certified copies of the names of all person. in his county who have paid the Federal Govern­ment the special tax imposed on the business of selling intoxicating liquor as afore aid, the city attorney shall, after examination of said list, file the ·ame with the clerk of the court, and with the clerk of the recorder's or muni-cipal courts of this county, who shall record the same fu a book kept therefor, which hall be open to public inspection.

SEc. 14. The certified copy furnished by the internal revenue collector of the name of any person who has paid to the Federal Government the special tax impo ed upon the busine ·s of elling intoxicating liquors hall be vrinict Jcte·ie evidence that said person is engaged in the sale of, or keeping with intent to sell, intoxicating liquors in violation of law.

SEc. 15. That it shall be unlawful for any person, firm, or corporation to ·ell the compound known as Jamaica ginger, except upon the prescription of

a duly licensed and regular practicing physician; that the per on, firm, or corporation selling Jamaica ginger upon prescription shall keep a list of allsaid prescriptions, and shall allow said list to be examined by any officer of the law, and no prescription shall ever be filled but once; that it shall be unlawful for any physician to give a prescription for Jamaica ginger except to a per. on directly under his care, and then only in o-ood faith, for medicinal purposes on1y.

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SEc. 16. That it shall be unlawful for any person to keep a ·hou e for im­moral or lewd purpo es, and it shall be unlawful for any woman to haYe illicit intercourse with men for hire or reward.

SEC. 17. Whoever shall unlawfully detain or confine any female by force. false preten e, or intimidation, in any room, hou e, building. or premise in this State, against the will of such female, for the purpo es of 11rostitution, or with intent to cau e such female to become a pro titl)te, ancl be guilty of fornication or concubinage therein, or shall by force, false pretense, confinE>­ment, or intimidation, attempt to prevent any female, o as aforesaid detained. from leaving such room, hou e, building, or premi. es; and whoever aicl�. assist , or abets by force, fal e pretense, confinement, or intimidation, in keep­ing, confining, or unlawfully detaining any female in any room. hou>-e, build­ing, or premises in this State, again t the will of uch female. for the purpo.::e of pro titution, fornication or oncubinage. shall be guilty of a misclP.me1111nr.

SEc. 1 . Whoever, being the keeper of a house of pro titution, or assig11,1-tion house, building, or premi es in thi State where pro titution, fornicatim1. or concubinage is allowed. or practiced, shall suffer or permit any unmanied female under the a"e of eighteen rears to live, board .. top. or room in such bou e, building, or premi es, shall be guilty of a mi.-d meanor.

�F.e;. 19. Any per on who, a. own r, manager, clire tor, or i:tgent. or in mw other capacity, prepare·, advertise give , present:s, or 11articipateR in any obscene, indecent, immoral, or impure drama, play, exhibition, show, or ent r­tainment, which would tend to the corruption of tbe moral · of youth or other .. and every per on aidin" or abetting . uch act, and ev ry owner or !es� e. ot· manager of any garden, buildin". room, place, or structure, who lea . or 1 t. the same or permit the same to be u.-ed for the purpo e · of any uch drama. play, xhibition, ltow, or entertainment, or who a .. i t to the use of tl1e . ame for any . uch purpose, if it be o u ed, hall be guilty of a misdemeanor.

SEC. 20. Any city pro ·ecuting attorney any h riff. police officer. or con­stable ·hall be removed from office by the judge of the upcrior Court urion charges made in writing, and hearing thereumler, for th following au es:

First. For willful or habitual neglect or refu al to perform the !luti s of his otli e.

Second. For willful misconduct or maladministration in office. Third. For corruption. Fourth. For extortion. Fifth. pon conviction of a felony. Sixth. lfor intoxication, or upon conviction of being intoxicated. SEc. 21. The omplaint or petition shall be entitled in the name of the-

'tate of North arolina, and may be filed upon the relation of any five quali­fied elector.- of the county in which the person char" d i. an officer. upon the avproval of tlle ounty attorney of such county. or the olicitor of the clistri t, or by any . uch officer upon hi own motion. It shall be the duty of the county attorney or solicitor to appear and pro ecute tbi -, vro e cling.

SEC. 22. The accu ed hall be named a defendau . and the petition . ·ha 11 be signed by ome elector, or by uch officer. The petition hall state the barges again. t the accu eel, and may b amend cl. and shall be filed in the

office of the clerk of the Superior Court of the ounty in which the per. on charged i. an officer. The accu ed may, at any tim prior to the time fixed for hearin", file in the office of the clerk of the Superior ourt hi· an \Y r, which hall be verified.

SEC. 23. That upon the filing of the petition in the office of the clerk of the Superior Court, and the pre. entation of the same to the jud"e. the jud"e may . u ·pend the accused from office if in his judgment ufficient cause appear from the pPtition and affidavit, or affidavit , which may- oe presented in support of the charge contained therein. In case of su pension as herein provided, the temporary va ancy shall be :filled in the manner pi'ovided by law for filling of the vacancies in such office.

SEC. 24. In the trial of the cau e in the Superior Court the cause hall be advanced and take precedence over all other cau es upon the court calendar, and shall be heard at the next term after the petition i · filed, provided the proceeding are :filed in said court in time for said action to be heard. The

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uperior Court shall :fix the time of hearing. If the :final termination of such proceeding be favorable to any accused officer, ·aid officer shall be allowed the rea onable and nece ary expense, includino- a reasonable attorney fee, to be fixed by the judge, he ha incurred in making his defense, by the county, if he be a county officer, or by the city or town in which he holds office, if he be a city officer. If the action is in tituted upon complaint of citizen as h rein provided, and it appears to the court that there wa no rea onable au e for filing the complaint, the co t may b tax d again t the complain­

ing partie . EC. 25. Whoever shall erect, establish, ontinue, maintain, u e, own, or

1 a e any building, erection, or place u eel for the purpo e of lewdne , a. igna­tion, pro ·titution, gambling, or illegal �ale of whi key, is guilty of a nui anc . and th building. ere tion or place, or the ground itself, in or upon whi '.Tl , u h I wdn R.·. as ignation. pro. titucion, gambling or ill gal ale of liquor i.· con­clu ·t d, p rmitted, or arri d on continu d, or exists, and the furniture, fix­tur s, mu ical in trument. and content., ar al o declared a nui.-an e. and .-hall be enjoined and abated a hereinafter provid cl.

E . :.6. Whenever a nui an ·e is kept. maintained, or exi t a. defined in thi act, the city pro cuting attorney, th olicitor, or any itizen of the ·ouuty may maintain ivil a ·ti.on in th nam of the State of North arolina

upon the relation of such ity prosecutino- attorney, solicitor or citizen, to verp tually enjoin said nui ance the per ·on r 1 ersons conductino- or main­tainino- the ame, and the owner or ao-ent of the building or ground uponwhi h aid nui ance exi t . In such action the ourt, or a judo-e in va a tion, shall upon the presentation of a petition th refor, alleging that the nuisan omplained of ex-ists allow a temporary writ of injunction without bond, if

it shall be made to app ar to th satisfaction of the judge by eviden e in the form of affidavits, depo ition , oral te timony, or otherwise, a. omplainnnt may elect. unle the judo-e, by previou ord r hall have directed the form and manner in which it hall be presented. When an injunction ha. been granted it hall be bindin on the defendant throughout the county in whi h it wa i · ued. and any violation of the provh;ions of injunction herein pro­vided ·ball be a contempt, a · hereinafter provid d.

SE . 27. The action when brought, ·hall be triable at the fir t term of ourt after service of th ummon. ha been made, and in u h a tion evidence

of the a neral reputati n of the place hall he admis ible for the 1 urpos of 1 roving the Aistence of ·aid nui ance. If the complaint i. filed l>y a itizen. it ·hall not be dismi • d except upon a sworn tatement made by th com­plainant and his attorney -ettino- forth the reason why the a tion bould be di mi·. ed, and the di mi. -·al approved by the city pro ecutino- attorn y, or .-olicitor, in writing or in open court. If the court i of the opinion that the a ·tion ought not to be di mi ·ed, he may direct the city pro ecuting attorney, or the olicitor, to prose ute aid action to jud<rment; and if the action on­tinue more than one term of court, any citizen of the county, or the county attorney, may be ub tituted for the complainino- party and pro ecutc said action to judgment. If the action is brought by a citizen and the court findH there wa no rea onable gr und or cause of aid a tion, the co t may be tax d to uch citizen.

E . 2 . In case of the violation of any injunction granted under th vro­vi ion of this act, the court, or, in vacation a judg thereof, may Humm,1rily try and punish the off u ]er. A party found guilty of cout mvt und r the' provi ion of this section shall be punishe l by a fine of not 1 than two hun­dred or more than one th u ·and dollar .. or by impri ·onment in the county jail not le than thr e r more than ix month , or by both fine and im­prL onment.

E . 29. If the exist n · of the nui. an b stabli h d in an acti n a. provided in thi a t, or in a ·riminal 1 roce din«, an order of abat mcnt shall be entered a a part of the judgment in the ause, which order shall direct the r moval from the buil Hug or place of all fix:tui:es, furniture, mu. icai in truments, or movable 1 rop rty used in conducting the nui anc and ·ball direct the sale thereof in the manner provided for the ale of chattel. und r ex cution. and the effe tnal losing of th buildin� or place against its u.-e for

52

any purpo e, and o keeping it lo,:ed foL· a period of one year, unle s soonel' released. If any per:on ·hall break and enter. or us<:! aid building, erection, or place so dir cted to be clo ·ed, he shall be puni ·h d a fol' contempt, a· provided in the precedin()' e tion. For moving and cllincr the movable prop­erty, the officer hall be entitled to chal'O' and rec ive the ame fee a� lle would for levying upon and clling like property on executi n ; and for clo ·ing the premi ·e · and ke I'ing them clo ed, & rea 011:ible um ·hall be all owe l by the court.

SEC. 30. The proce d of the ale of the r er onal property. a provided in the preceding e tion, ball be applied in the payment of the co.-ts of the action and abatement, and the balance, if auy .. ball be paid to the defendant.

SEC. 31. If the owner appear and pays all er- t of the proceeding and files a bond, with suretie · to be approved by the clerk, in the full value of the property, to be ascertained by the court, or, in vacn.tion, by the clerk of the Superior ourt, comlitioned that he will immediately abate said nuisance, and prevent the same from being e. tabli ·hed or kept within a period of on(' year thereafter, the ourt may, if ·ati fled of his "'00d faith, order the vremi. es closed under the order of abatement to be delivered t aid owner, and sai<l order of abatement cancel cl o far as ame may r late to said property; and if the proceeding be a civil a tion, and said l>ond IJe 0·iven and the co:-;ts thereill paid before judgment and order of alJatemcut, the u •tion hall be ther by abated as to aid ouilding only. The relca. of the pro11erty under the provi-ion of this e tion hall not relea. e it from any jucl"'ment, li('n, p nalty, or

liability to which it may be ubject by law. SEc. 32. That the court hall tax a pmt of the co t in auy action brou"ht

hereunder such fee for the attorney pro ecutin"' the action or r roceedingt:l a.' may in the court'� di cretion be rea.-onable remuneration for the ervice.- per­formed by uch attorn y.

SEc. 33. Any per on, firm, or corvoration viulating any proyision of thi: act shall be guilty of a mi demeanor and fined or impri ·oned, or both, in thP discretion of the court.

SEC. 34. In any pro ·e ding.- under th provisi us of thi.' a.ct the Ila r�(' may be brought a0'1.tin. t any or all of th member of a partnership, or agaiust the director or xecutive officers of a corpora Lion, or again. t the agent r employee of any per· n, r artner hip. or corporation.