(5) The officers, janitors and guards of all the state charitable, curative, penal and reformatory institutions, and of the county asylums for the chronic insane, and the keepers of poorhouses not located within the corporate limits of any village or city are empowered to summarily arrest all persons within or upon the grounds of such institutions whom they have reasonable cause to believe guilty of any offense against the laws or regulations governing the same, or of any other violation of section 343.463; to arrest any vagrant or idle person who shall refuse to leave any of said institutions or premises when requested so to do; and to take any such offender before any court of competent jurisdiction and cause proper complaint to be made against him; and for such purpose said officers, janitors, guards and keepers shall possess all the powers and authority of police officers and constables.

(6) Said board shall investigate all complaints against any of the institutions hereinbefore designated by name, or against the officers or employes thereof; may summon, compel the attendance of and swear witnesses, and compel the production of books and papers; and may at any time, on its own initiative, investigate the affairs of any such institution in such manner as may seem best. Any written communication or complaint addressed to such board or either of its members by any inmate, employe, or subordinate of any such institution shall be forthwith forwarded as addressed without the breaking of the seal or the reading thereof or other interference by any officer or employe of the institution from which it shall be sent. [Stats. 1917 s. 561g, 561j sub. (8), (9), (10), 561l, 564 sub. (10), 609; 1919 c. 328 s. 9; 1925 c. 402] Annctated *

46.06 Acquisition and disposition of lands. (1) Whenever the said board is authorized by law to acquire land for a specified public purpose and the owner thereof refuses to agree upon the compensation therefor, or whenever by reason of the absence or legal incapacity of the owner, or other cause, such agreement cannot be had without unreasonable delay, the said board may acquire such land by condemnation proceedings in the manner prescribed in chapter 32.

(2) Said board may construct and operate, or may grant license to any railway company to construct and operate, a spur railroad track over lands belonging to the state to connect any of the state institutions under its charge with a general line of railroad, but any license granted in pursuance hereof shall be revocable at the will of the legislature.

(3) The board may convey to any city land not exceeding one acre in extent, to be used by said city for waterworks purposes, for such compensation as said board shall deem reasonable; and may permit any city on such terms as may be just and reasonable to make such exploration on the lands of any state institution under its control as may be needful in locating a water supply for a municipal waterworks.

(4) The board may enter into a contract with the officers of the village of Union Grove, permitting them to connect the sewer system of said village with the main sewer drain of the southern Wisconsin home for feeble-minded and shall fix the value or compensation which shall be received by the state for the granting of such permission. The board shall submit such sewer system plans to the state board of health for its approval. [Stats. 1917 s. 561h, 561t, 567e, 605, 606, 607; 1919 c. 328 s. 11]

46.07 Receipts on behalf of the state or inmates. (1) All moneys received by each and every person for or in behalf of the board of control or any state institution under said board, shall be paid within one week of receipt, into the general fund of the state treasury and except as expressly provided otherwise shall be available for state account generally. Such deposits derived from the binder twine plant and other prison industries shall be accompanied by a schedule showing the various amounts received from each person or persons, together with the residence of each.

(2) All money or property paid or delivered to any officer or employe of either such institution for the benefit of any inmate thereof shall forthwith be paid or transmitted to the steward thereof, who shall enter the same upon his books to the credit of the person or persons for whose benefit it was designed and make report thereof to said board at its next regular meeting. Such money or property shall be used only under the direction and with the approval of the superintendent or warden of the institution and for the benefit of the person or persons for whom it was designed. [Stats. 1917 s. 561em, 561p; 1919 c. 328 s. 12]

46.08 Monthly estimates and audits. Said board, once in each month, with the aid of such officers of the several institutions as it may require, shall prepare an estimate of the expenditures which it will be necessary to make for each institution during the month next ensuing; which estimate, made out in detail, shall be certified and filed with the secretary of the board, and a duplicate thereof with the steward of each institution. No member of said board and no officer of either institution shall incur any liability without such estimate being first made. Said board shall also fix a regular time, as often as once in

each month, for auditing all accounts and charges against the institutions under its charge. [Stats. 1917 s. 561n; 1919 c. 328 s. 13]

46.09 Purchases; bills and claims. (1) The steward of each institution shall be the local business manager and purchasing agent thereof, subject to the direction and the rules and regulations of the state board of control, and within the limits of the monthly estimates made for the purpose shall purchase all materials and supplies necessary therefor. He shall have the immediate charge of all books, accounts, papers and records relating to its financial management, and shall keep detailed accounts of all receipts and expenditures, be responsible for the safe-keeping and economical use of all stores and supplies, and require verified bills of all articles bought.

(2) All materials and supplies shall be purchased at the lowest practicable price, and whenever in the opinion of the board economy can be promoted thereby purchases thereof may be made in quantities sufficient for several or all the institutions under its charge, and distribution thereof made as occasion may demand; provided, that no butter or cheese not made wholly and directly from pure milk or cream, salt and harmless coloring matter shall be purchased for or used in any of the charitable, reformatory or penal institutions of the state.

(3) On the receipt of property purchased he shall compare the articles received with the bills therefor, and see that they are correct as to quality, quantity and the price charged, and to every bill which shall be so found he shall attach a certificate setting forth the fact that he has made such examination and has proven the extensions and footings, and that the bill is in all respects just and correct. All such bills shall be laid before the board at its next regular meeting for allowance, and no bill or account shall be audited nor any appropriation made for the payment thereof which shall not first be so certified and presented, and verified by the affidavit of the claimant or his agent.

(4) No bills incurred by said board in the management of such institutions shall be paid until they have been audited by it, and a list of such bills as allowed, containing the names of the persons in whose favor they are allowed, the purpose and institution for which they were incurred, shall be made and certified by the president or secretary of the board and filed with the secretary of state as often as once in each month. Warrants therefor in favor of each claimant shall be drawn on the state treasurer and delivered to the secretary of said board, who shall transmit them to the payees. [Stats. 1917 s. 561m, 5610; 1919 c. 328 s. 14]

46.10 Settlements between the state and the several counties for maintenance of inmates. (1) Whenever any person shall be brought before any court, judge, magistrate, or board for examination and commitment to any of the charitable, curative, reformatory, or penal institutions of the state, or of any county, for whose support in whole or in part any county may be chargeable, the application for such examination shall state the county in which such person resides. The said court, judge, magistrate, or board shall give due notice of the hearing to the district attorney of such county, if within the state, who shall attend said hearing; and the said court, judge, magistrate, or board shall upon proper evidence determine the legal residence of such person, and his general financial ability. If the evidence does not disclose property sufficient to save the county harmless from the expenses of his support, the said court, judge, magistrate, or board shall ascertain, by further proof, the residence and financial ability of any person, if any, liable for such support pursuant to law, and shall order proper proceedings to be brought for the enforcement of such liability; but if the evidence discloses that the legal residence of the person so examined and found destitute is within some other county within the state, such hearing shall be continued and the district attorney of such other county shall be duly notified and shall appear at such continued hearing. At the conclusion of said hearing the court, judge, magistrate, or board shall determine the chargeability for the support of such person and certify such determination to the superintendent of the institution; and thereupon such person shall be admitted.

(2) On the first day of July in each year the state board of control shall prepare a statement of the amounts due from the several counties to the state, pursuant to law, for the maintenance, care, and treatment of inmates at public charge in state or county charitable, curative, reformatory, and penal institutions. Such statement shall cover the preceding fiscal year and shall specify the name of every inmate in each state institution whose support is partly chargeable to some county, and the name of every inmate in each county institution whose support is wholly chargeable in the first instance to the state and partly chargeable over to some county; and shall further specify, with respect to each inmate, his residence, the number of weeks for which support is charged, the grounds of the liability, and the amount due to the state from such county, itemized as to board and clothing. The president and secretary of the board shall certify said statement, file it with the

secretary of state, and mail a duplicate to the clerk of each county charged; and thereupon the secretary of state shall charge to the several counties the amounts so due, which shall be certified, levied, collected, and paid into the state treasury with the state tax as a special charge.

(3) On the first day of July in each year the superintendent or other officer in charge of each county charitable, curative, reformatory, and penal institution shall prepare a statement of the amount due from the state to the county in which such institution is located, pursuant to law, for the maintenance, care, and treatment therein of inmates at public charge. Such statement shall cover the preceding fiscal year and shall specify the name of each inmate whose support is partly chargeable to the state, or wholly chargeable in the first instance to the state and partly chargeable over to some other county; and shall further specify, with respect to each inmate, his residence, the number of weeks for which support is charged, the grounds of the liability, and the amount due to the county from the state, itemized as to board and clothing. Said statement shall be verified by affidavit by the officer making it and certified by the trustees of the institution to the state board of control, for examination and approval; and, when approved, the president and secretary of the board shall certify said statement to the secretary of state, who shall credit the aggregate amount found due on the state tax next accruing from said county.

(4) Whenever any inmate in any charitable, curative, reformatory, or penal institution of the state or of any county is improperly charged to the state or to any county, the attorney-general on behalf of the state, or the district attorney of such county on its behalf, may make written application to the state board of control for relief from such charge. The application shall designate the county to which such inmate is chargeable, or if it be claimed that he is chargeable to the state it shall be so stated. Said board shall give reasonable notice to the parties interested of the time and place at which and when they may be heard. Such application may be supported by affidavits and other proper evidence. If upon the hearing said board shall grant the relief asked for it shall order a proper charge against the county chargeable, or against the state, as the case my be; and from and after the making of such order such inmate's support shall be charged accordingly; but the county named in such order may, in like manner apply to said board for relief from the burden thereby imposed, in which case the matter shall be heard and disposed of as herein provided.

(5) Any party aggrieved by any such order may, within one year from the making thereof, appeal to the circuit court of Dane county, by serving a notice of the appeal upon the president or secretary of said board, the district attorney of any county which is a party in interest and upon the attorney-general. Within twenty days after the service of such notice the secretary of said board shall transmit to the clerk of such court all the original papers used upon the hearing before it, together with a certified copy of all the proceedings, orders and decisions made thereon. When a complete determination of the controversy cannot be had without the presence of other parties than those to the original proceeding the court shall order such parties to be brought in, and for that purpose may make such order as it may deem necessary. Such appeal shall be tried by a jury unless such mode of trial is waived, in the manner in which actions originally brought in the circuit court are tried. The jury shall find a special verdict naming the county to which the support of such inmate is chargeable or whether it is chargeable to the state, and judgment shall be entered accordingly. An appeal may be taken from such judgment to the supreme court as in other cases. The prevailing party in either court shall be entitled to the usual costs. Upon the rendition of final judgment said board shall make the proper charges or credits on its books and certify the same to the secretary of state.

(6) If any error has been or shall be committed in the accounts between the state and any county in making charges for the support of any inmate in any charitable, curative, reformatory, or penal institution, or in the amount certified to any county as due and to be assessed upon it on account of such support, and such error shall be certified by the state board of control, the secretary of state shall correct such error by a proper charge or credit on the state tax next accruing. [Stats. 1917 s. 561e, 573u, 573v, 584a, 591, 592, 593, 604e; 1919 c. 328 s. 15] Annotated *+

46.11 Transfer of inmates. (1) Whenever any inmate lawfully committed to any state or county penal, reformatory, curative, or charitable institution shall be removed in a case authorized by law from any one of these institutions to any other of them by the state board of control the superintendent of the institution from which any such removal is made shall notify the court or judge who committed such inmate of the fact of such removal.

(2) The board may designate in the order of removal, the superintendent of the institution from which or to which such removal is made or any other discreet citizen, to

make such removal. The person so designated shall receive no mileage or per diem for making such removal, but shall be paid his actual and necessary traveling expenses and those of the person removed and of any necessary assistant, to be adjusted by the board and charged to the current expense fund of the institution from which such removal is made; but if some county is chargeable with any portion of the expense of maintaining the person so removed such county shall be charged therewith, and such charge shall be adjusted in the same manner that charges for the maintenance of such inmates are adjusted. [Stats. 1917 s. 561jj; 1919 c. 328 s. 17] Annotated *

46.115 Board of control, patients, applications. (1) The board of control of the state of Wisconsin shall make application to the board of regents of the university, for the admission to the state of Wisconsin general hospital of any inmate of any state institution under the board of control, or of any person committed to or applying for admission thereto, who is afflicted with any disease, malady, deformity or ailment, which can probably be remedied, or which can be advantageously treated by proper medical or surgical care, at the state of Wisconsin general hospital, in all cases where such person cannot receive proper care at the institution to which he has been committed or to which he has made application for admission. Said application shall be accompanied by the report of the physician of said institution or by a physician appointed by the board of control, in the same form as reports of other physicians for admission to patients to said hospital.

(2) The net cost of such treatment shall be at the same rate charged the county for county patients, and shall be chargeable one-half to the appropriation for operation of the institution from which the said patient is sent and one-half to the state. The said board may likewise pay out of the operation fund to the institution the necessary traveling expenses, including the expenses for an attendant when such person cannot travel alone to and from the hospital. Payments for the treatment of such patients are to be made by the board of control to the regents of the university for such portion as is chargeable to the operation fund of any institution, and such portion as is chargeable to the state shall be certified and paid as provided in subsection (1) of section 142.08. [Spl. S. 1920 c. 17; 1927 c. 318] Annotated †

46.12 Sterilization of defectives. (1) The state board of control is hereby authorized to appoint, from time to time, one surgeon and one alienist, of recognized ability, whose duty it shall be, in conjunction with the superintendents of the state and county institutions who have charge of criminal, insane, feeble-minded and epileptic persons, to examine into the mental and physical condition of such persons legally confined in such institutions.

(2) Said board of control shall at such times as it deems advisable submit to such experts and to the superintendent of any of said institutions the names of such inmates of said institution whose mental and physical condition they desire examined, and said experts and the superintendent of said institution shall meet, take evidence and examine into the mental and physical condition of such inmates and report said mental and physical condition to the said state board of control.

(3) If such experts and superintendent unanimously find that procreation is inadvisable it shall be lawful to perform such operation for the prevention of procreation as shall be decided safest and most effective; provided, however, that the operation shall not be performed except in such cases as are authorized by the said board of control.

(4) Before such operation shall be performed, it shall be the duty of the state board of control to give at least thirty days' notice in writing to the husband or wife, parent or guardian, if the same shall be known, and if unknown, to the person with whom such inmate last resided.

(5) The said experts shall receive as compensation a sum to be fixed by the state board of control, which shall not exceed ten dollars per day and expenses, and such experts shall only be paid for the actual number of days consumed in the performance of their duties. (6) The record taken upon the examination of every such inmate shall be preserved and shall be filed in the office of said board of control at Madison, Wisconsin, and semiannually after the performing of the operation, the superintendent of the institution wherein such inmate is legally confined, shall report to said board of control the condition of such inmate and the effect of such operation upon such inmate.

(7) The state board of control shall report biennially in its regular biennial report the number of operations performed under the authority of this section and the result of such operations.[Stats. 1917 s. 561jm; 1919 c. 328 s. 19] Annotated †

46.13 Wasserman tests and other chemical examinations. The board of control is hereby authorized to make necessary arrangements with the laboratory of the psychiatric institute of Mendota for the giving of the Wasserman test to any person confined in any state or county institution, and of making such test for any practicing physician of this

state who makes application therefor in behalf of any resident of this state, free of charge. Arrangements shall also be made with said institute for the making of chemical examinations of the cerebrospinal fluid for any practicing physician of this state free of charge. [Stats. 1917 s. 561jn; 1919 c. 328 s. 20]

46.14 Reports from state institutions. (1) The officer in charge of each state institution under the control of said board shall make a monthly report to the board, comprising an itemized statement of all receipts and disbursements, and of the daily number of inmates, officers, teachers, and employes, and the wages paid to each.

(2) On the first day of July in each even-numbered year the officer in charge of each such institution shall make a report to said board, covering the preceding biennial fiscal term, comprising a summarized statement of the management of every department of the institution and of all receipts and disbursements, and such other information as may be required by the board. [Stats. 1917 s. 562; 1919 c. 328 s. 21]

46.15 Biennial report of the board. (1) On or before December first in each evennumbered year the board shall make to the governor a report of its proceedings during the preceding biennial fiscal term, with such recommendations as it may deem fit respecting the subjects in its charge or under its supervision, and including also: A detailed statement of all expenditures from the state treasury on behalf of the board and all state and county charitable, curative, reformatory, and penal institutions; a summary of the results of all its visits, inspections, and investigations in respect to matters committed to it, and of all statistical information collected by it, properly tabulated; and a concise statement showing the condition of said institutions.

(2) Said report shall further show, with respect to each state institution:

(a) The kind and estimated value of all the property in its charge at the commencement of the biennial term;

(b) The kind and cost of all permanent additions and improvements made; (c) The amount of money received from all public and private sources;

(d) The receipt of all money and property from private sources for the benefit of inmates, and the disposition made thereof;

(e) The amount and estimated value of all products of the farm, shop, industries and other sources of support and supply in its charge and the cost and application thereof;

(f) The number of all inmates maintained at the commencement and at the close of each fiscal year, the average number during the year, and the average cost of maintenance per capita per week, based upon the total amount expended during the year for subsistence and for repairs and renewals of property, including the net value of all products of the farm and garden consumed at the institution and of all labor expended in the care and repair of the property but excluding the cost of permanent additions to and improvements of property and private contributions for inmates;

(g) Such further facts relating to the financial condition as the board may deem necessary for the information of the legislature;

(h) An estimate of the expenses for the ensuing biennial fiscal term;

(i) Such parts of the reports of the officers in immediate charge as the board shall deem proper to lay before the legislature. [Stats. 1917 s. 561d; 1919 c. 328 s. 22]

46.16 General supervision and inspection. (1) The state board of control shall: (a) Investigate and supervise all the charitable, curative, reformatory, and penal institutions of every county and other municipality, and all industrial schools, hospitals and asylums, organized or existing or which shall be organized under chapter 86 of these statutes, and familiarize itself with all the circumstances affecting their management and usefulness.

(b) Visit the county homes in the state, and ascertain how many persons of each sex, how many insane, idiotic, deaf and dumb, or blind persons, and how many children are supported in each, at what cost and under what circumstances affecting their health, comfort, morals, and education; collect statistics of the number and cost of support, and other important facts, of the poor relieved at public expense outside of county homes; and collect such other information as may throw light on the adequacy and efficiency of existing laws for the support and relief of the poor, and the causes operating to increase or diminish pauperism in the state.

(c) Visit the jails, municipal prisons, houses of correction, workhouses, and all other places in which persons convicted or suspected of crime or insane persons are confined, and ascertain their sanitary condition and arrangement for the separation of the hardened criminals from juvenile offenders and persons suspected of crime or detained as witnesses; collect important statistics concerning the inmates, their treatment, employment, and reformation; and collect information of all other important facts and considerations affecting the increase or diminution of crime and insanity.