CHAPTER 15. BENEVOLENT INSTITUTIONS. Section numbers to notes refer to Revised Statutes of 1901. [Acts 1903, p. 216. In force March 9, 1903.] 3023a. Railroads through grounds.-1. That no railroad, street railroad or electric railroad shall be located or constructed upon, across or through any grounds owned, held, used or occupied by the State of Indiana for any penal, correctional, reformatory, charitable, educational, or other state institution, except upon a written contract made between the company constructing the same and a commission composed of the governor, auditor of state and attorney-general, acting for the State, which contract shall fully state the terms and conditions upon which such railway shall be built and operated within and upon the grounds of the State. ARTICLE 5.-THE DEAF AND DUMB. SEC. 3075a. Sale of land, new location, appropriation. 3075a. Sale of land, new location, appropriation. By an act of 1903, Acts 1903, page 400, and the act of 1905, Acts 1905. page 432, a commission was authorized to sell the real estate used and occupied by the Institu tion for the education of the Deaf and Dumb in the city of Indianapolis, and to purchase land for the relocation of such Institution, and an appropriatian was made for such purchase and the erection of new buildings. 3134a. Village for epileptics.-1. That there shall be established in this state a village for epileptics, the object of which shall be the scientific treatment, education, employment and custody of epileptics, and which shall be known as the Indiana village for epileptics. In the establishment of this institution, the general assembly recognizes the duty of the state to provide proper care for such of its citizens as are, or may become, affected with the disease of epilepsy. 3134b. Commission to locate.-2. The governor shall, within ninety (90) days after the taking effect of this act, appoint three (3) commissioners, citizens of this state, not more than two (2) of whom shall be members of the same political party, who shall constitute a commission to decide upon a location, and purchase the land upon which to establish said village for epileptics, and selection may be by agreement of the majority of the members. In the selection of a suitable site for this purpose, said commissioners shall take into consideration the fulfillment of the object above stated, and also the natural advantages of the location, for varied forms of husbandry, brick-making, if possible, adequate and suitable drainage and water supply, railroad advantages, for all necessary building and its general adaptability, so as to provide for the erection of a model village for epileptics. Said commissioners shall not take into consideration any offer of land or other donation or inducement in deciding upon the location for the village proposed by this act. Said commissioners shall receive five ($5.00) dollars per day while actually employed and actual traveling expenses until such land is purchased, which must be within one (1) year of the taking effect of this act. 3134c. Purchase of land.-3. Said commissioners shall purchase not less than one thousand (1,000) acres of land for the purpose of said village for epileptics; the title to the land shall be good and sufficient, shall be approved by the attorney-general, and shall be taken in the name of the State of Indiana. 3134d. Trustees-Appointment-Terms - Compensation.-4. When said land shall have been purchased, the governor shall appoint a board of three (3) trustees, not more than two (2) of whom shall belong to the same political party, to whom shall be intrusted the government and control of said village for epileptics. One shall serve for one (1) year, one for two (2) years, and one for three (3) years, as may be designated by the governor at the time of their appointment; and at the expiration of the term of office of each member of the board, his successor shall be appointed in the manner and by the authority as heretofore provided, for the term of three (3) years. When a vacancy occurs in the board of trustees otherwise than at the expiration of the term of office of one of its members, such vacancy shall be filled by an appointment by the governor for the unexpired term. And it is hereby provided that the governor may remove any of the trustees from office for misconduct or neglect of duty, after an opportunity to be heard upon written charges. Said trustees shall receive four hundred ($400.00) dollars per year each for their services, and they shall be allowed their reasonable traveling and other official expenses, to be paid as other expenses of said institution are paid. 3134e. Superintendent Selection.-5. Said board of trustees shall at once select a superintendent, who shall be a reputable physician and surgeon experienced in a similar institution or in an institution for the insane, who shall also act as the medical engineer in the construction and development of the village contemplated by this act. 3134f. Superintendent-Duties.-6. The superintendent shall be the chief executive officer of the village, and shall have the care and control of everything connected therewith, under such rules and regulations as may be established by the board of trustees. He shall see that the several officers and employes of the institution faithfully and diligently discharge their respective duties. He shall employ such officers and employes as he may think proper, under the above mentioned rules and regulations, and assign them their duties, and may, at pleasure, discharge them. 3134g. Employes.-7. No political consideration shall be given in the selection or discharge of any officer or employe, and the members of said board of trustees shall not solicit or request the superintendent to appoint any person to a position in the institution. The salaries of all officials and employes shall be fixed by the board of trustees. 3134h. Building plans.-8. Said board of trustees shall promptly procure plans, which shall be agreed upon by its members, or a majority of them, and its superintendent, and construct and equip in a suitable manner the buildings necessary for said village for epileptics. The plans shall provide for suitable and substantial buildings and necessary appurtenances, and shall embody the best ideas of sanitary and standard construction. All plans shall, before adoption, be submitted to the board of state charities for suggestion. 31341. Contract-Bids-Bonds.-9. After proper advertisement of the letting, a contract of construction and equipment of said buildings shall be awarded to the lowest and best bidders. The successful bidder shall give sufficient bond to the satisfaction of the board of trustees and the governor. 3134j. Appropriation.-10. There is hereby appropriated out of any funds not otherwise appropriated, one hundred and fifty thousand ($150,000) dollars, or so much thereof as may be necessary, for the purchase of the land and for the erection and equipment of the buildings authorized by this act. 3134k. Labor by epileptics-First admissions.-11. When the institution has advanced sufficiently to employ the labor of any epileptic, the board of trustees is authorized to receive patients, in the order mentioned, who may be employed for that purpose, first, from the poor asylums, jails, orphans' homes or other county institutions; then from dependent or other indigent classes, elsewhere in the state, outside of institutions, and third, from state hospitals, or institutions, upon the recommendation of superintendents of such institutions: Provided, That no hopelessly or violently insane person shall be transferred to the Indiana village for epileptics. Hopeful cases shall, in all instances, have the preference in all admissions. The cost of their maintenance shall be paid out of the construction fund until the first day of June, 1907, or until otherwise provided for. 31341. Admission-Proclamation.-12. When a sufficient number of buildings shall have been completed and equipped for the admission of patients, the governor shall be advised of the fact, and shall thereupon issue a proclamation to that effect. 3134m. Maintenance Appropriation.-13. For the maintenance of the institution, there is hereby appropriated a per capita allowance at the rate of two hundred ($200.00) dollars per year for each patient, based upon the report of daily average number of patients present each month, which report shall be certified to by the board of state charities. The maintenance fund shall be immediately available upon the issuance of the governor's proclamation, and shall continue until the conclusion. of the next session of the legislature. 3134n. Eligibles-Allotment.-14. All epileptic persons who have a legal settlement in this state shall be considered admissible as inmates of the Indiana village for epileptics. The number of inmates shall be allotted among the several counties of the state according to their population; said quota to be apportioned among the several classes of epilepties in such manner as may be deemed by the trustees for th best interests of the state. 31340. Application, form-Hearing-Admission.-15. Such spileptic persons shall be committed to said village for epileptics by the judges of the circuit courts in the various counties, and any such cause shall be heard in chambers. A reputable citizen of the county from which an application is to be made, shall make an application under oath setting forth information substantially as follows: The age, sex, race, general mental and physical condition, and residence of the applicant, whether such applicant is under the charge of a guardian or parents, and, where known, the cause and duration of the epileptic condition, and such other facts regarding the applicant's personal and family history as the trus tees may require; which facts shall be submitted to the judge of the circuit court having jurisdiction over that county, together with a certificate of a reputable physician that the applicant is admissible under the rules of the board of trustees, and is free from any infectious or contagious disease and from vermin. When such statements have been filed, the said judge shall appoint two medical examiners who shall be physicians of not less than five (5) years' experience in the general practice of medicine and surgery, and not related to the person for whom application is made by consanguinity or marriage. It shall be the duty of said medical examiners to carefully and separately examine said person for whom application is made and separately certify in writing to said judge whether said person is an epileptic or subject to epileptic seizures. In his discretion the judge may call additional witnesses until fully satisfied of the condition as to epilepsy of the person under inquiry. If it shall appear to the judge that the person is afflicted with epilepsy, he shall enter an order of commitment in the proper record, at the same time directing the clerk of the circuit court to forthwith apply to the superintendent of the Indiana village for epileptics for the admission of said person to said village, and to transmit with said application to said superintendent, for his information, copies of all statements and certificates submitted, certified to be such under the seal of the court. Upon receiving said application and transcript of statements and certificates, said superintendent of the Indiana village for epileptics shall immediately determine upon the information therein contained, whether or not the case is admissible; and if there shall be room within the institution of which he is superintendent, he shall at once notify the proper clerk of the acceptance of the application for admission. Should there be no room in the village for epileptics, the superintendent shall suspend the application for further consideration when vacancies do occur. 3134p. Clothing-Conveyance to village.-16. The clerk of the proper court, upon receipt of the acceptance of the application for the admission. of the epileptic person to the Indiana village for epileptics, shall report the same to the judge, whereupon the judge shall instruct the county clerk to see that the patient is supplied with proper clothing, and if not otherwise furnished, he shall furnish said clothing, at the expense of the county. If the judge deems it proper to entrust the conveyance of the patient to his friend, parent, guardian or representative, he may issue the warrant to such friend, parent, guardian or representative, instead of to the sheriff. If no other provision is made for a custodian, then the judge shall issue a warrant to the sheriff, who shall transfer said patient to said village for epileptics in the same manner and in acordance with the same forms as are now provided by law for the transfer of patients to insane hospitals, so far as they are applicable: Provided, That no female epileptic patient shall be taken to or from said village for epileptics except she be in the care of or accompanied by a woman. 3134q. Costs Payment by county.-17. The expense of clothing the |