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equipping a state hospital; providing for a state hospital removal, improvement and land sale commission to have complete charge. of the removal of said hospital, the construction and equipment of a new hospital, and authorizing said commission to sell all of the lands and property belonging to the state hospital in, near and north of Jackson, Mississippi; and providing for the raising of funds with which to carry out the purpose of this act."

How funds to be drawn.

Sec. 3. That the auditor of public accounts be authorized to issue his warrant, or warrants, for the amount appropriated in section 1 of this act, or any part thereof, when he receives a voucher, or vouchers, therefor from the commission authorized to make such expenditures.

Sec. 4. All laws, or parts of laws, in conflict herewith are hereby repealed insofar as their terms are inconsistent with the provisions of this act.

Sec. 5. That this act take effect and be in force from and after its passage.

Approved March 17, 1926.

CHAPTER 115

HOUSE BILL No. 145.

AN ACT providing for the removal of the state hospital from Jackson to the Mississippi state penitentiary farm at and near Howell, in Rankin county, Mississippi; dedicating that entire farm for the use of the state hospital; providing for the sale of the state hospital property in, near and north of Jackson; providing for the selection of a site on said farm at or near Howell, Mississippi, for a state hospital, the erection and construction of buildings and permanent improvements thereon, and equipping a state hospital, providing for a state hospital removal, improvement and land sale commission to have complete charge of the removal of said hospital, the construction and equipment of a new hospital, and authorizing said commission to sell all of the lands and property belonging to the state hospital in, near and north of Jackson, Mississippi; and providing for the raising of funds with which to carry out the purposes of this act. State hospital removal, improvement and land commission created.

SECTION 1. Be it enacted by the Legislature of the State of Mississippi, That there is hereby created a state hospital removal, improvement and land sale commission, which shall be, and is hereby, charged with the duty of carrying out the provisions of this act, and shall be referred to in the succeeding sections hereto as "the commission." Said commission shall consist of the governor of Mississippi, who shall be ex-officio president of the commission,

the superintendent of the state hospital at Jackson, and three commissioners to be selected and appointed by the governor. In the event of the death or resignation of the governor, or the superintendent of the state hospital at Jackson, their successors in office shall succeed them as members of this commission; and in the event of any vacancy upon said commission from the other three commissioners, any such vacancy shall be filled by selection and appointment of the governor.

Provided that the words "state hospital" shall refer to the institution heretofore known as the "state hospital for the insane." Organization of commission--duties.

Sec. 2. The governor shall call said commission together for the purpose of organization within sixty days after the passage of this act, and shall call such subsequent meetings of said commission at such times as shall in his opinion be advisable, or when requested so to do by any three members of said commission, such request to be submitted in writing, the commission shall elect a vice-chairman to serve in the absence of the governor. The attorney general shall be the legal advisor of said commission and perform such duties as are required of him by the commission not incompatible with the duties of his office. The commission shall employ a secretary, who shall keep a complete record of its proceedings, and who shall be the custodian of all papers, records, etc., of said commission. The minutes of said commission shall be kept in a well-bound book provided for that purpose, and said minutes, and all contracts, papers, records, etc., of said commission shall be kept in permanent files, in such place and manner, as shall be designated by the commission. The commission shall have the authority to employ an architect, superintendent of construction, superintendent of land sales, and such other help, and make such contracts, and purchase such materials and supplies, as may in their opinion be necessary to carry out the provisions of this act. Four members of the commission shall constitute a quorum to transact business, and a majority of the members present and voting shall bind the commission on any question which may come before said commission, except sales of land and awarding contracts in excess of $10,000.00, when four of said commission shall be necessary to bind the acts of said commission. The commission shall fix a regular meeting time and place. Less than a quorum. shall have the power to adjourn said commission from time to time until a quorum shall be present. All contracts, proposals, agreement, etc., made by said commission shall be made by resolution duly spread upon its minutes, showing yea and nay vote of each member present, and a contract not so made shall be void and of no effect. The signature of the chairman and secretary of said commission to any contract, agreement, etc., executed pursuant to a

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resolution or order of said commission, which shall be recorded with yea and nay vote of each member of the commission present, shall be binding upon said commission. The three commissioners appointed by the governor shall each receive a compensation of ten dollars per day for the time actually engaged in and about the work contemplated under this act, but shall not receive more than one thousand dollars per year each. Deeds made to lands by the commissioners shall be valid and binding and the validity of the title of any purchaser shall not depend upon the minutes of said commission.

Members and employees not to be interested in contracts-penalty for violation fixed.

Sec. 3. It shall be unlawful for any of said commission, the secretary, architect, superintendent of construction, superintendent of land sales, or any other employee of the commission, directly or indirectly in any manner whatsoever, to be connected with any contract, or part thereof, for the removal of said state hospital from Jackson to, at or near Howell, or in the construction, erection or equipment of the hospital at near Howell, or in the furnishing of any of the supplies or materials, or in the doing of any of the other work herein contemplated, or in the sale of said hospital lands and property, in, near and north of Jackson, or to receive any benefit therefrom, or the promise of any benefit therefrom either by way of commissions, rebate, bonus, division of profit, or otherwise; and any one of said commission, the secretary, architect, superintendent of construction, superintendent of land sales, or any other employee of said commission, who shall violate the provisions of this act shall be guilty of a felony and upon conviction thereof shall be subject to a fine of not less than one thousand dollars and imprisonment in the penitentiary not exceeding five years, and to be removed from the position he holds. It shall be unlawful for said commission to employ any person as secretary, architect, superintendent of construction, superintendent of land sales, or other employee, who is in any way connected therewith, or who may or shall become in any way connected, directly or indirectly, with any contract contemplated under this act for the removal of said hospital, the construction or equipment of the new hospital, or for the furnishing of any of the supplies or materials therefor, or in the sale of the lands and property herein provided; and the said commissioners are hereby charged with a rigid enforcement of this act.

Commissioners not to be interested in contracts-provisions of nepotism law apply.

Sec. 4. No contract of any nature for the removal of said hospital, or the construction and erection of the new hospital, or the sale of the lands and property contemplated, under this act, or for - materials or supplies of any character, or for architectural, engi

neering, or supervisory employment or services, or any other services, shall be let to any member of the commission herein named, or to any relative by blood or marriage of any such member, or to any business associate or any connection of such member. All provisions of the nepotism law shall apply to everything done under the provisions of this act.

Commissioners and employees to take oath.

Sec. 5. That each of said commissioners, secretary, architect, superintendent of construction, and superintendent of sales shall before entering upon his duties take and subscribe to the following oath, to be administered by one authorized to administer oaths, to-wit: "I do solemnly swear that I am not now, and will not, directly or indirectly, become pecuniarily interested in, connected with, or connive in any manner with any contractor, or contractors, or person or persons, for the removal of the state hospital from Jackson to, at or near Howell, Mississippi, or for the construction. and erection of any building or improvement at or near Howell, or any profits thereof, or in the proceeds of profits growing out of the same, or any work or labor done thereon or material furnished thereat, or in the sale of the state hospital lands and property in, near and north of Jackson, Mississippi, or in the proceeds of profits growing out of the same, so help me God."

This oath shall be in writing, signed by the one making the same, and said oath shall be filed in the office of the secretary of state.

Penalty for violation fixed.

And should either of said commissioners, secretary, architect, superintendent of construction, or superintendent of sales, offend against the true intent and meaning of this oath, he shall upon indictment and conviction suffer all the pains and penalties of perjury, and shall be civilly liable on his bond at a suit by the state for any damages on account of said violation.

Commissioners and employees to give bond.

Sec. 6. Each of said commissioners, except the governor, the secretary, the superintendent of construction, the architect, and the superintendent of sales, shall before entering upon the duties required of him under this act execute a bond in favor of the state of Mississippi in the sum of twenty-five thousand dollars, said bonds to be written in some good and solvent surety company authorized to do business in the state of Mississippi, conditioned for the faithful performance of their duty; the premiums on said bonds to be paid out of the funds of the commission, said bonds to be approved by the chief justice of the supreme court of Mississippi, and to be filed in the office of the secretary of state.

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Employees may be removed by commission at will.

Sec. 7. The secretary, architect, superintendent of construction, superintendent of sales, and all other employees of the commission, may be removed by the commission at pleasure. The commission shall fix the compensation of the secretary, architect, superintendent of construction, superintendent of sales and all other employees, in such sum as the commission may deem reasonable for the time he is actually employed.

Detailed report by secretary to commission.

Sec. 8. The secretary shall keep a set of books showing all expenditures on account of the commission, and showing at all times the financial condition of the commission, and all such funds appropriated for and applicable to the purposes of this act, and all matters relating thereto. He shall on the first day of January of each year prepare a financial report for the preceding year containing an itemized and classified statement of all expenditures, and a list of all vouchers issued, showing to whom and for what purpose they were issued, which reports shall be submitted to the commission, and, when approved by the commission, shall be filed in the office of the auditor of public accounts, and published in the month of January, of each year in a newspaper published in the city of Jackson selected by the commission, and a copy of such financial reports shall be transmitted to the legislature at each succeeding session.

How disbursements made.

Sec. 9. That all disbursements and expenditures on account of the program to be carried out as provided for under this act shall be made upon certificates in duplicate issued by the commission and signed by the governor and secretary of the commission. All bills, claims, demands for labor performed, work done, or material furnished, shall be presented to the commission in duplicate, and shall be passed upon by said commission at a regular session thereof, and, after a careful examination of every item named, if found correct, they shall audit the same, preserving one duplicate and transmitting the other as audited and allowed to the auditor of public accounts. The commission, after having approved a bill, claim or demand, shall issue a certificate to the effect that materials have been furnished, or services rendered, for the amount therein named, and the party in whose name the certificate is made is entitled to a warrant upon the treasurer for the amount therein named, and upon presentation of such certificate and voucher therefor as audited and approved by the commission as herein provided to the auditor of public accounts he shall draw his warrant upon the state treasurer for the amount stated and to the order of the person named in the certificate, who shall honor and pay said warrant.