Chairman--W. W. Burr, Dean of the College of Agriculture, University of Nebraska.
     Secretary--C. W. Taylor, State Superintendent.
                Margaret McCutchen, Central City, Nebraska.

     An act of Congress, known as the Smith-Hughes Act, approved by the President, February 23, 1917, was the occasion of the creation of this board by the Nebraska legislature, then in session. The purpose of the Smith-Hughes Act is to provide for the promotion of vocational education and for cooperation with the states in such promotion, and in the preparation of teachers in vocational subjects.

      By vocational education is meant training for the common wage earning employments, and a useful, productive life. No academic studies can be supported out of Smith-Hughes funds, and these funds are required by the act to be applied solely to payment of teachers' salaries and for the training of teachers. Later the George-Reed Act added funds for agricultural and home economics education. In 1936 Congress passed an act making larger appropriations to carry on an expanded program. The allotment of these funds for Nebraska for the year ending June 30, 1936, was $126,509.86, which was divided as follows: For salaries of teachers, supervisors and directors in agriculture, $68,836.03; for salaries of teachers in trades, and industrial education $25,642.81; salaries of teachers in home economics, $20,762.86; for teacher training, $11,268.16. The state must supplement these grants dollar for dollar, and has pledged its faith so to do.

      The board began its work January 1, 1918. The department is housed in the state Capitol. Various schools within the state have had the benefit of the direction of the board, and of the funds at its command. The University of Nebraska was designated as the teacher-training school for vocational teachers.

      A legislative act authorized the school board of any public school to establish in cooperation with the state board for vocational education, vocational schools, departments or classes in either agricultural, trade or industrial branches, or home economics. These schools may be organized as all-day schools, part-time schools or evening schools. $88,700 was the amount appropriated by the state for the biennium ending June 30, 1937.

      In H. R. No. 232, 1921, the Nebraska legislature accepted the provisions of a new act of congress for retraining men and women disabled by accident, injury or disease, in industry or on farms, or otherwise, and restoring their capacity to earn a livelihood. The aim of the act is to help people help themselves, to assist disabled persons to become readjusted to other occupations in which they may be self-supporting and self-respecting citizens rather than recipients of public or private charity. For the biennium ending June 30, 1937, the legislature appropriated $46,850 to match the same amount of federal funds for the biennium.

REVISION OF STATUTES

221

CODE COMMISSION AND REVISION AND PURCHASE OF STATUTES

HISTORY

      An act approved February 13, 1865, provided for the revision of the territorial laws. Governor Saunders appointed Experience Estabrook as commissioner of revision. With some amendments his revision was adopted and is known as the Revised statutes of 1866.

      In 1872 the legislature appointed Guy A. Brown to compile and revise the general laws. This compilation is known as the General statutes of 1873.

      In 1877 a commission to revise the laws was created. The governor appointed John H. Ames, A. H. Connor and S. H. Calhoun as members of this commission. They reported their work chapter by chapter to the legislature of 1879 for adoption. After struggling with the subject through several chapters, the legislature dropped the matter, and the revision was never adopted.

      The state having failed to provide a revision, a compilation was edited by Woolsey and Wheaton in 1881, and printed by the State Journal Company under the tide, Annotated statutes of Nebraska.

      The legislature of 1881 authorized Guy A. Brown so prepare a compilation of the laws. This publication, in time, became known as the Compiled statutes. After Mr. Brown's death, the publication was continued as a private venture by H. H. Wheeler. From 1881 to 1913 large sums were spent by the state in the purchase of copies of private compilations.

      In 1891 and 1893, J. E. Cobbey, under authority, published the Consolidated statutes. In 1903 Mr. Cobbey was authorized to publish the Annotated statutes, and the next legislature made provisions for the publication after every legislature.

      An act approved March 30, 1901, provided that the supreme court should appoint five judges of the district court as a board of revision for the statutes. No additional compensation was allowed the members of this board or their stenographers for the work involved, and the legislative journals of the next legislature are silent concerning the report which this act required the board to make.

      The legislature of 1911 created a code commission of three persons to be appointed by the governor upon advising with the supreme court. This commission, consisting of A. M. Post, E. L. King, and J. H. Broady, was continued by the legislature of 1913 for a period of eight months. An edition of 5,000 copies of the Revised statutes was provided for. Certain state officers and libraries were entitled to receive copies, and the remaining copies were sold at five dollars each.

      In 1921, the legislature created a commission consisting of the clerk and the reporter of the supreme court to compile, publish, sell and distribute the statutes. The new edition appeared in 1922.

      The legislature of 1929 authorized the governor, with the consent of the supreme court to appoint competent and experienced persons or corporations to compile and index the "compiled statutes of Nebraska, 1929."

      W. C. Dorsey of Omaha, assisted by George R. Mann of Lincoln were selected as editors and compilers. The remainder of the edition of 4,000 copies, after the distribution to specified public officials and libraries is to he sold by the secretary of state for $12 a copy. The laws enacted by the special legislative session of 1930 are included in the new edition of the statutes. Succeeding legislatures have provided for the publication of supplements to the 1929 edition of the statutes in 1931 and 1933.

      A supplement for 1935 was privately compiled-since she legislature of that year made no appropriation for its publication.

     A bill creating a territorial board of agriculture was introduced by Robert W. Furnas, and signed by Governor Richardson on October 14, 1858. This board is a body corporate, with perpetual succession. The first territorial fair was held at Nebraska City, September 21-23, 1859. This fair was not a financial success, and the enthusiasm of the board diminished. Another fair was held at Nebraska City, October 7-9, 1869. An act of February 13, 1879, prescribed the duties of the board, and provided for the state fair.
     The state owns 238 acres of land on which the fair is held, and the activities of the department are paid out of the proceeds of the fair, and legislative appropriations. The legislature, in 1921, placed under the control of this board the appropriations for the following agricultural societies: Crop Growers' Association, Improved Live Stock Breeders' Association, Potato Improvement Association, Poultry Association, Dairymen's Association and Horticultural Society. The home economics association has been added to this list by the Board. Their reports are incorporated with the annual report of the State Board of Agriculture.

The board is required to-

1. Meet and deliberate on the agricultural prospects and interests of the state.

2. Make and publish an annual report.

3. Manage the state fair.

4. Direct the expenditure of moneys appropriated for the support of certain agricultural societies.

Annual report.

Premium list.

Official catalog.

The Nebraska state horticultural society was organized on the state fair grounds at Nebraska City, September 29, 1869. Appropriation was made by the legislature of 1872 and each subsequent legislature so aid this society in its work.

     The society was recognized by a statute approved February 25, 1879. Slight amendments have been made. The officers are elected at the annual meeting, which is held for the purpose of deliberating and consulting as to the wants, conditions and prospects of the horticultural interests of the state.

      It is the duty of the society to encourage the organization of district and county societies and give them representation therein, and to further the fruit and tree growing interests of the state.

      The secretary is required to make an annual report to the governor. This report contains the proceedings of the annual meeting.

      Annual report.

     This organizaton (sic) was organized in 1885 and was legalized as a state institution by the legislature of 1889. It is required to hold an annual convention, to gather statistics and diffuse knowledge on matters pertaining to practical dairying and to print and distribute an annual report of its proceedings.

     This association was incorporated September 26, 1892. It was legalized as a state institution by the legislature of 1893, and an appropriation made for its support. It is required to hold an annual meeting in January, to gather statistics and diffuse knowledge on subjects pertaining to the poultry interests of the state, and to publish and distribute reports of its proceedings.

     The legislature of 1909 legalized this society, which was organized in 1903, as a state institution and made an appropriation for its support. It is required to hold an annual convention and corn show, to gather statistics, and to publish and distribute an annual report of its proceedings.

     The association was founded in 1891. Beginning with 1909, the legislature has appropriated funds for its support. It was incorporated in 1911, but is not a legalized state institution.

     This association was organized in 1917. The legislature of 1919 legalized it as a state institution and appropriated $1,500 for its use. Succeeding legislatures have continued to appropriate funds for the association, whose purpose is to encourage scientific production, handling and marketing.

STATE HISTORICAL SOCIETY

225

HOME ECONOMICS ASSOCIATION

     The Nebraska home economics association had its origin in a woman's section of organized agriculture which held its first meeting in 1905. The Association has been included among those drawing support from the state by the State board of agriculture.

     Ex-Officio Members--

      On August 1, 1878, Robert W. Furnas addressed a letter to a number of prominent citizens and asked the use of their names in calling a meeting at Lincoln during the state fair to organize a state historical society.1 Favorable responses were received and soon after a call for such a meeting to be held at the Commercial hotel in Lincoln on the evening of September 25, 1878, signed by twenty well known citizens, was published generally in the newspapers of that time.

      At this first meeting committees were appointed and an address delivered by Dr. George L. Miller. On the following day a constitution was adopted and permanent officers chosen, Robert W. Furnas, president, and Prof. Samuel Aughey of the state university as secretary.

      The society was given rooms on the university campus, where it remained until 1931. Space in the capitol having been provided, she society has moved its collections and offices to the first floor of the Capitol. On the first floor a splendid historical

museum has been arranged. By agreement of the society's officers with the Regents of the University, the library remains on the campus in charge of the librarian of the university.

      The society maintains a historical museum, and has a library of approximately 60,000 books, pamphlets and bound newspapers. Since 1885 a regular series of volumes of historical collections and papers has been published. A periodical devoted to society affairs and historical notes is published quarterly and sent to sustaining members.

     Since 1883 the society has received regular appropriations from the state. These constitute its chief support. Additional funds are received from membership dues.

     The society Is governed by an executive board of thirteen members. The governor, chancellor of the state university, the president of the Nebraska press association and the chief justice of the supreme court act as ex-officio members. The nine other members are elected at annual meetings of the society for terms of three years, three being elected each year.

The Nebraska department of the Grand Army of the Republic was organized June 12, 1877, with six posts and a membership of one hundred and sixty-six. It was immediately made an auxiliary of the national organization. January 21, 1906, the order was incorporated. The roster of members in Nebraska has always well represented the civil war veterans residing in the state. As to number, the highest point was reached in 1892, when there were over eighty-five hundred names on the roster. The membership of the organization is now 34 posts with 92 members. The Nebraska division of the Grand Army of the Republic, with the woman's branch, the Women's Relief Corps, has been very effective both as a fraternal society to promote fellowship among the veterans of the civil war, and also as a charitable organization to assist veterans or families of veterans who are in need. For a number of years, the legislature has made a small appropriation to be expended by the department for office expense and the keeping of military records. The department occupies rooms in the tower of the capitol, with space for displaying relict.

     Since 1921 appropriations for the relief of Spanish-American war veterans have been made by the legislature. These funds are expended under the supervision of the Board of educational lands and funds.

     The first territorial act concerning the penitentiary, after the adoption of the criminal code of Iowa in 1885, was that approved January 22, 1856, naming a board of commissioners to locate a penitentiary within one mile of the public square in Tekamah. Burt county. The legislature of 1859, as a part of the criminal code, provided that convicts should be kept in county jails until a territorial penitentiary should be erected. An act approved January 6, 1860, authorized the territorial governor to "contract with

the proper authorities of any of the states of the Union having a penitentiary or state prison, for the confinement of Nebraska convicts."

      The criminal code of 1886 provided for the confinement of convicts in the county jails of the territory, and an act approved February 18, 1867, made an appropriation of $3,000 for the support of the territorial convicts, the jailers not to receive more than fifty cents a day for boarding each prisoner. In his message of January 8, 1869, Governor Butler stated that prisoners were in county jails, and that a penitentiary was very much needed.

      On March 3, 1870, a joint resolution of the legislature creased a joint committee to draft a bill providing for the "immediate concentration, care and keeping of the state convicts." On the following day, March 4, 1870, a bill providing for the erection of a penitentiary at or near Lincoln was approved. A board of three inspectors elected by the legislature had the management of the penitentiary, the warden, only, being appointed by the governor. The state received grants of land amounting to 32,000 acres from the United States for a penitentiary, and the inspectors were directed to sell the lands and place the funds so derived in the treasury.

      The inspectors were required so concentrate persons under sentence at or near Lincoln in a temporary penitentiary. They were also required to put the prisoners "at work upon the public buildings and in stone quarries for the use and benefit of the state, for the hours specified in their respective sentences," The inspectors were also authorized to "hire out or contract the labor upon the best terms that can be obtained." The temporary penitentiary was ready for the occupancy of thirty-seven convicts in July, 1870.

      The contract for the permanent buildings was let on June 13, 1870, to Stout and Jamison, who employed the prisoners at forty-two cents a day each. The buildings were erected on land which Judge Hilton and W. F. Donovan donated to the state for that purpose.

      The constitution of 1875 placed the penitentiary under the control of the board of public lands and buildings. On October 1, 1877, this board entered into a six year contract with W. H. B. Stout, who was to pay all the "expense necessarily incurred in the maintenance of the prison, including the board and clothing of the convicts, and the salaries of all officers and guards," for which he received from the state the labor of the convicts and sixty cents a day per capita for each convict for two years, and fifty-five cents and fifty cents a day per capita, respectively, for the succeeding terms of two years each.

      The lease was renewed with slight changes in the terms, several times. In 1895 the legislature, after an extensive investigation, annulled the contract and abolished the contract system.

      In general, the industries maintained by the subcontractors in the penitentiary have been the making of buttons, brooms, trunks, barrels, chairs, machinery and harness.

      By an act approved April 13, 1915, the board of control was empowered and required to "provide labor for the prisoners and keep them employed as far as possible for the greatest profit to the state and the general welfare and health of the prisoners." Services of prisoners may be let to counties, cities, villages, and other state institutions within the state, but not to any individual, firm or corporation within or without the penitentiary unless it is otherwise impossible for the board to keep all the prisoners busy. Prisoners have been employed at road making in various parts of the state but the practice has been discontinued. The penitentiary farm employs many of the prisoners. The law provides for the payment of wages to prisoners,

     On May 31, 1934, the Hawes-Cooper bill, a federal enactment, went into effect, causing penal institutions to dispense with industries which manufactured products

that were in competition with goods on the open market. The manufacture of shirts and pants at the penitentiary was discontinued on that date.

     The legislature of 1935 passed an act providing for what is commonly called the "state use" system of prison industries. This act appropriated $70,000 for the purchase and installation of necessary equipment, and also a sum of $10,000 to be used as a revolving fund for the purchase of raw material to be used in such industries.

      The law limits the sale of such prison made merchandise or wares to departments, institutions and agencies of the state and its political subdivisions which are supported in whole or in part by taxation, and requires such agencies to purchase these articles from the Nebraska state prison industries.

      The board of control has at present in operation at the penitentiary factories making shirts, pants, overcoats, duck clothing, mens' suits, ladies' coats, shoes, capa, gloves, brooms, furniture, sweeping compound, harness and cabinets. At the reformatory for men metal license plates for automobiles and metal road signs and highway markers are manufactured.

      A school conducted by the director of education for the Board of control offers instruction to prisoners.

      The legislature of 1893 empowered the governor to parole prisoners. The legislature of 1911 created the prison board to handle the paroling of convicts. An appropriation was made by the legislature of 1913, to build a reformatory to which certain classes of convicted persons are to be sent, but the board of control considered the establishment of such an institution unnecessary. The legislature of 1921 appropriated funds for the establishment of a reformatory for men and boys. This has been established southwest of Lincoln. The legislature of 1933 passed a law transferring women prisoners from the penitentiary to the reformatory for women at York. The transfer was made in May, 1933. The legislature of 1912 provided for a night school for prisoners, and for a grading of prisoners with reference to character and conduct. Only four times in the history of this institution have serious mutinies occurred--on January 11 and May 26, 1875, March 14, 1912, and September 18, 1925.

      A constitutional amendment of November, 1912, vested the government of the penitentiary in the board of control of state institutions. Another amendment adopted September 21, 1920, lodged the power of pardon and parole in a board consisting of the governor, attorney general and secretary of state.

      The penitentiary is located three miles south of Lincoln, on a farm of 415 acres of land. This land is valued at $41,500.00, and the buildings at $427,600.00. On June 30, 1936, there were 92 officers and employees. The average number of inmates for the period from July 1, 1935, to June 30, 1936, was 918. The per capita cost per inmate was $231.96 for the one year.

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