Chapter 25. BOARD OF CONTROL.

§1. State Board of Control; Appointment of Members; Term of Office; Salary; Secretary and Assistants; Oath and Bond of Members.—There shall be a state board of control, known as the “West Virginia Board of Control,” which shall be a corporation, and as such may contract and be contracted with, and shall have a common seal. The board shall consist of three members, not more than two of whom shall at any one time belong to the same political party, who shall be appointed by the governor by and with the advice and consent of the senate. The members in office on the date this Code takes effect shall, unless sooner removed, continue to serve until their respective terms expire and until their successors have been appointed and have qualified. Beginning on the first day of July, nineteen hundred and thirty-one, and on the first day of July of each alternate year thereafter, a member shall be appointed to serve for a term of six years, and any member shall be eligible for reappointment.

The salary of each member shall be six thousand dollars per annum, to be paid monthly; and each member shall be paid his actual traveling and other necessary expenses while absent from the state capital on official business. The board shall be provided with offices at the state capital and with necessary furniture. The members of the board shall give their entire time to the discharge of the duties of their office. The board shall elect one of its members as president and another as treasurer, and shall appoint a competent secretary and such clerical and other assistants as may be necessary to the proper conduct of its business. The offices of treasurer and secretary may be held by the same member of the board. The salaries or compensation of the employees of the board shall be fixed by it, but no salary or compensation shall be increased to exceed the amount appropriated by the legislature to pay the same.

Before entering upon the duties of his office, each member of the board shall take and subscribe the oath of office prescribed by section five, article four of the Constitution of this State, the certificate whereof shall be filed in the office of the secretary of state, and he shall give bond in the penalty of ten thousand dollars, conditioned as required by law; but the bond of the member elected treasurer shall be in the penalty of fifty thousand dollars, which shall cover his liability both as a member and as treasurer. The board may require the surety in any of such bonds to be a surety or bonding company authorized to do business in this State, and may pay the premiums thereon out of its current or contingent expense fund. All such bonds shall be approved by the attorney general as to form, and by the governor as to sufficiency, and, when so approved, shall be filed and recorded in the office of the secretary of state. In the absence of the president or the treasurer from the state capital, or in case of the disability of either, the duties of his office may be performed by another member of the board.(1909, c. 58, §§1, 7; 1915, c. 31, §1; Code 1923, c. 15M, §§1, 8; 1927, c. 1.)

§2. Deeds and Contracts of Board of Control.—All deeds, contracts, agreements and other such writings may be executed by the state board of control by the signing of the name of the board thereto by the president, attested by the signature of the secretary; and, when so executed, the same may be acknowledged and recorded as other writings.(1915, c. 31, §1; Code, 1923, c. 15M, §1; 1927, c. 1.)

§3. Institutions Managed by Board of Control.—The state board of control shall manage, direct, control and govern the West Virginia children’s home, West Virginia colored children’s home, West Virginia home for aged and infirm colored men and women, Hopemont sanitarium, Rutherford sanitarium, Denmar sanitarium, Berkeley Springs sanitarium, Welch emergency hospital, McKendree emergency hospital, Fairmont emergency hospital, Huntington state hospital, Spencer state hospital, Weston state hospital, Lakin state hospital, West Virginia training school, West Virginia industrial school for boys, West Virginia industrial school for colored boys, West Virginia industrial home for girls, West Virginia industrial home for colored girls, West Virginia penitentiary, and such other state institutions, other than educational, as now are or may hereafter be created by law.(1909, c. 58, §3; 1915, c. 48, §1; Code 1923, c. 15M, §§3, 3a.)

§4. Financial and Business Management of Educational Institutions.—Except as otherwise provided in section one, article eleven, chapter eighteen of this Code, the state board of control shall have charge and control of the financial and business affairs of the West Virginia university and of all its colleges, schools, departments and divisions, of Marshall college, Fairmont state normal school, West Liberty state normal school, Glenville state normal school, Shepherd college state normal school, Concord state normal school, West Virginia state college, Bluefield colored institute, New River state school, Potomac state school, West Virginia schools for the deaf and the blind, West Virginia school for the colored deaf and blind, and of any other state educational institution which now is or may hereafter be created by law; and shall have such other control and management of said institutions as is provided in this article.(1909, c. 58, §4; Code 1923, c. 15M, §4; 1929, c. 11.)

§5. Rules and Regulations.—The state board of control is authorized to make rules for the proper execution of its duties and powers. It shall also have the power to adopt rules and regulations for the government of the institutions named or referred to in section three of this article and for the administration of the financial and business affairs of the institutions named or referred to in section four of this article, and shall therein prescribe, consistent with the provisions of this article, the duties of the persons connected with the management of such institutions.(1909, c. 58, §10; Code 1923, c. 15M, §11.)

§6. Title to Property of State Institutions; Custody of Deeds and Other Muniments of Title.—The title to all property constituting or belonging to the several institutions named in sections three and four of this article shall be vested in the state board of control. The board of control shall be custodian of all deeds and other muniments of title to all property owned by the State and shall cause such as are susceptible of recordation to be recorded in the proper offices.(1909, c. 58, §5; Code 1923, c. 15M, §5.)

§7. Condemnation or Sale of Property.—The state board of control shall have power to acquire by condemnation land or buildings for the use and benefit of any of the state institutions subject to its control and management, and, by and with the consent of the governor, to sell or exchange any property held by or for such institutions. All condemnation proceedings had hereunder shall be governed by chapter fifty-four of this Code.(1925, c. 1, §§1, 2.)

§8. Gifts to State Institutions.—The state board of control is hereby empowered to accept any gift or devise of any property or thing which lawfully may be given. If such gift or devise is to any particular institution named in sections three or four of this article, whatever profit shall arise from its use or investment shall be paid into the state treasury for the use and benefit of such institution, and the board is hereby invested with the title to the property which is or may be the subject of such gift or devise.(1909, c. 58, §15; Code 1923, c. 15M, §16.)

§9. Construction and Repair of State Buildings.—The state board of control shall have authority to employ competent architects for the preparation of plans and specifications for all new buildings to be built by the State, or for the repairing or remodeling of existing buildings, or the construction of additions thereto; to employ competent persons to superintend the work of constructing new buildings or of such repairs, remodeling or additions; and to call for bids and award contracts for such work. The board shall have authority to erect any new building, or to make repairs or additions to, or changes in, any building already constructed, without letting the same to contract, or by employing thereon the labor of the inmates of any institution of the State, whenever in the judgment of the board the best interests of the State will be subserved thereby. The board may also arrange with contractors for the erection of new buildings or for additions or repairs to old ones, to use thereon the labor of such inmates. The board shall have authority, whenever in its judgment a new building is needed by the State, or whenever it is necessary to build an addition or make material repairs to a building already in existence, with the approval of the governor, to employ a competent architect or architects to make plans and specifications therefor, and estimates of the cost thereof, for submission to the next session of the legislature, to aid that body in making an appropriation for the purpose. The governor may pay the cost of such plans and specifications and estimates out of his civil contingent fund, or the board may cause the same to be paid out of the current expense fund, or out of any appropriation made for buildings and land or for repairs and improvements of the institution for which the building or work is designed. So far as practicable, all buildings erected for the use of the State shall be fireproof.(1909, c. 58, §12; 1915, c. 31, §12; Code 1923, c. 15M, §13.)

§10. Insurance of State Buildings and Property.—The state board of control shall have charge and control of the insurance of all buildings and property of the State, and shall keep the same properly insured against loss by fire, by explosion of steam boilers, and the like; but the insurance of the property of the State at the seat of government shall first be authorized by the board of public works. The board of control shall keep a record of all such insurance, which shall show the name of each insurance company, the number, date and amount of insurance of each policy written by it, the rate of premium, the building or other property on which insurance is placed, the amount of insurance upon each building, the period for which written, the date of its expiration, and such other matters as the board may deem pertinent.(1909, c. 58, §16; Code 1923, c. 15M, §17.)

§11. Officers and Employees of Certain State Institutions.—The governor shall, by and with the advice and consent of the senate, appoint a superintendent for the West Virginia children’s home, a superintendent for the West Virginia colored children’s home, a superintendent for the West Virginia home for aged and infirm colored men and women, a superintendent for Hopemont sanitarium, a superintendent for Denmar sanitarium, a superintendent for Rutherford sanitarium, a superintendent for Berkeley Springs sanitarium, a superintendent for Welch emergency hospital, a superintendent for McKendree emergency hospital, a superintendent for Fairmont emergency hospital, a superintendent for Huntington state hospital, a superintendent for Spencer state hospital, a superintendent for Weston state hospital, a superintendent for Lakin state hospital, a superintendent for the West Virginia training school, a superintendent for the West Virginia industrial school for boys, a superintendent for the West Virginia industrial school for colored boys, a superintendent for the West Virginia industrial home for girls, a superintendent for the West Virginia industrial home for colored girls, and a warden for the West Virginia penitentiary: Provided, however, That, as to the institutions named in this section which are maintained solely for members of the negro race, the person appointed as superintendent or other chief executive officer of such institutions, respectively, shall be a member of such race. The warden of the penitentiary and the superintendent of each institution named in this section shall have the power to appoint all assistants and employees required for the management of the institution in his charge; but the number of such assistants and employees, and their compensation, shall first be fixed by the state board of control. The warden of the penitentiary and the superintendent of any institution may, at his pleasure, discharge any person therein employed. It shall be the duty of the board of control to investigate any complaint made against the chief executive officer of any institution, and also against any other officer or employee thereof, if the same has not been investigated. The board shall have the power to recommend to the governor the removal of any such chief executive officer, or other officer or employee, setting forth in such recommendation the reasons for the same.

The board shall fix the salaries or compensation of the officers and employees of the institutions named in section three of this article. The salaries or compensation of all officers and employees of the several institutions named in sections three and four of this article shall be paid monthly, to include the last day of each month. The chief officer of each of the institutions named in section three shall be furnished living quarters, household furniture, board, fuel and light for himself and his family. Living quarters, household furniture, board, fuel and light shall be furnished to such other officers as is made necessary by the character of their service, and the board of control shall designate those who shall receive the foregoing in addition to their salary.(1909, c. 58, §9; Code 1923, c. 15M, §10.)

§12. Bonds of Officers of State Institutions and of Employees of Board of Control.—The state board of control shall have authority to cause the head officer or any other officer of any institution, department, board, commission, or other state agency, under its control or management in whole or in part, or any of its own employees, to give bond, in such penalty as the board may deem proper, conditioned for the faithful performance of the duties of his office, and to account for and pay over all money and other property of the State which shall come into his hands or control by virtue of his office. The board may provide that the surety in any such bond shall be a surety or bonding company authorized to do business in this State, and cause the premiums for bonds so given to be paid out of the current or contingent expense fund of the institution or board or body with which the person so bound is connected. All such bonds shall be approved by the attorney general as to form, and by the board of control as to sufficiency, and, when so approved, shall be filed with the treasurer of the board and by him recorded and safely kept.(1915, c. 31, §25; Code 1923, c. 15M, §29.)

§13. Moneys Belonging to State in Hands of Officers of State Institutions to be Paid Through Board of Control into State Treasury; Appropriations; Deficiency; How Met.—All moneys and funds belonging to the State which shall come into the possession or under the control of the superintendent, head officer, or other officer, of any of the institutions mentioned in sections three and four of this article, or of any other institution, department, board, commission, or other agency of the State, or of any person connected therewith, under the control and management of the state board of control in whole or in part, or the fiscal or financial affairs of which are subject to the control and management of the board of control, shall be paid to the treasurer of said board monthly, on or before the tenth day of the month succeeding the month in which such moneys or funds were received, under such rules and regulations as the board shall prescribe. The state board of control shall cause such moneys and funds to be paid into the state treasury immediately in the manner provided in article two, chapter twelve of this Code.

All moneys appropriated for the board of control or for any institution, department, board, commission or other agency of the State under its supervision and management may be expended on proper requisitions issued by such board. Whenever the appropriations by the legislature for any of said institutions are insufficient to pay the expenses of conducting such institution, the deficiency shall be certified by the state board of control to the governor. Such certificate shall state the name of the institution and the items and amount in detail needed, and the governor may direct payment of the same or any part thereof out of any appropriation available for that purpose.(1909. c. 58, §6; 1915, c. 31, §6; Code 1923, c. 15M, §6.)

§14. Visitation and Inspection of State Institutions.—The state board of control, or one or more of its members, shall visit each of the institutions under its control and management in whole or in part as often as may be necessary, and may hold a regular meeting of the board at any such institution. During any such visitation the board or any member thereof shall thoroughly inspect all the departments thereof and investigate the condition and management of the same; and for the purpose of aiding any such investigation the board or any member thereof shall have power to summon and compel the attendance of witnesses, to be examined under oath, which any member shall have the power to administer; and the board or any member thereof shall have access to all books, papers and property necessary to any such investigation, and may order the production of any books, papers or property. Witnesses, other than employees of the State, shall be entitled to the same fees as in civil cases in the circuit court. In any investigation by the board, or by any member thereof, it or he may cause the testimony to be taken in shorthand and transcribed and filed in the office of the board as soon after the same is taken as practicable. Any person refusing or failing to obey the order of the board or any member thereof, issued under the provisions of this section, or to give or produce any evidence required, shall be reported by the board or the member thereof conducting the investigation to the proper circuit court or the judge thereof, and such person so refusing or failing shall be dealt with by the court or judge as for contempt.(1909, c. 58, §8; 1915, c. 31, §8; Code 1923, c. 15M, §9.)

§15. Purchase of Supplies for State Institutions.—The state board of control shall purchase all supplies for the proper support and maintenance of the institutions named in sections three and four of this article, and for any other institution, department, board, commission, or other state agency under its control or management in whole or in part. Such supplies shall be purchased, whenever practicable, by contract on competitive bids, and notice of the same shall be given, whenever the board thinks best, by publication in at least two newspapers of general circulation in the State once each week for not less than two weeks prior to the award made; and a written or printed notice shall be sent to every manufacturer of or dealer in the article or commodities for which prices are desired, who has requested his name to be placed upon the mailing list. The contract shall be awarded to the lowest responsible bidder, if the price be a fair and reasonable one, and not greater than the market price. The board is authorized to require such security as it may deem proper to accompany the bids submitted, and shall also fix the amount of the bond or other security that shall be furnished by the person, firm or corporation to whom the contract for any supplies is awarded. The board shall have the power to reject any and all bids submitted, if for any reason it is deemed to the best interests of the State to do so, and to resolicit bids in accordance with the provisions of this section. The board may determine the kind and character of animals to be slaughtered for meats for use in the several institutions under its control, and it shall make such rules and regulations as may be necessary for the inspection of meats, poultry, bread and other supplies intended for use in any of the said institutions. In accepting bids for supplies preference shall be given citizens of this State, other things being equal. Whenever the board fails to make contracts for supplies, the same may be purchased by the chief officer in charge of an institution, under such rules and regulations as shall be prescribed by the board of control. It shall be the duty of the chief officer of each institution named herein to cause to be prepared estimates of supplies required for the proper conduct and maintenance of the institution under his charge, covering periods to be fixed by the board of control, and to forward the same to the board in accordance with its directions. No member or officer of the board of control, no person in its employ, and no officer or employee of any state institution, shall be directly or indirectly interested in the purchase of supplies, or in any supplies purchased, or in any contract, agreement or undertaking entered into by or for any of said institutions; and if he be so interested he shall forfeit his office, such contract shall be void, and such person shall be liable to the State upon his official bond for all damages. No member of said board, no officer, agent or employee thereof, and no officer of any institution under its charge, shall directly or indirectly, for himself or for another or for any such institution, receive or accept any gift or gratuity or thing of value from any dealer in goods, merchandise or supplies which are or may be used in such institutions, or from any person, firm or corporation which is or may be interested in any contract with such board for or on account of the State. Any person violating any of the provisions of this section shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than twenty-five nor more than five hundred dollars.(1905, c. 71, §1; 1909, c. 58, §11; 1915, c. 31, §11; Code 1923, c. 15M, §12.)

§16. Transfer of Inmates of State Institutions.—The state board of control shall have authority to cause the transfer of any patient or inmate from any state institution, except the penitentiary, to any other state institution which is better fitted for the care or treatment of such patient or inmate, or for other good cause or reason.(1915, c. 31, §24; Code 1923, c. 15M, §28.)

§17. Books and Accounts of Board of Control and State Institutions.—The state board of control shall cause to be kept at its office a proper and complete set of books and accounts with each institution, which shall clearly show every expenditure authorized and made thereat. The books shall exhibit an account of all appropriations made by the legislature concerning any institution named in sections three and four of this article, and of all other funds under the control of the board. It shall, in conjunction with and subject to the approval of the chief inspector of public offices, prescribe the form of vouchers, records and methods of keeping accounts at and by each of the institutions named in said sections three and four. Such vouchers, records and methods of accounts of the institutions shall be as nearly uniform as possible. The board, or any member thereof, shall have the power to investigate the conditions and to examine and check the records of any of said institutions at any time. The board shall also have the power to authorize any of its members or officers, its bookkeeper, accountant, or any other employee, to proceed to any of the said institutions, and to examine and check its records, take inventory of its property, or that of any of its departments or for any other purpose the board may deem necessary. Any person doing such work shall receive, in addition to regular compensation, his actual expenses incurred thereby. Upon the completion of any such special work the board shall cause a full and complete written report of the same to be made to it as soon as practicable.(1909, c. 58, §7; Code 1923, c. 15M, §8.)

§18. Records of State Institutions for Statistical and Other Purposes; Conference of Chief Officers.—The state board of control shall prescribe the records to be kept for statistical and other purposes in the several institutions named in sections three and four of this article. The board each month shall require a copy of such record to be transmitted to it for the preceding month, and it shall keep in its office in a substantially bound book a copy of every report that it may require from the chief officers of any institution. The board shall have authority to assemble the chief officers of the institutions or any of them at its office, for the purpose of discussing any question which may be common to their welfare. The actual expenses made necessary in traveling to and from such meeting, and while in attendance thereat, shall be paid out of the funds of the several institutions.(1909, c. 58, §13; Code 1923, c. 15M, §14.)

§19. Reports by Board of Control and Chief Officers of Institutions to Auditor.—The state board of control shall, from time to time, as may be necessary, make a report to the auditor, which shall state the name of each person employed at any of the institutions named in section three of this article, his official designation and rate of compensation per month (or by the day or week, if employed for less than a month), and out of what funds or appropriation the same is payable. The chief officer of any such institution, or other person who may have been appointed for the purpose by the state board of control, shall make out and certify to the auditor at the end of each month a list of persons to whom any payments may be due, stating for what purpose due, the amount due each person, and the fund or appropriation from which payable; one copy whereof shall be filed in the office of the institution where made, and one in the office of the state board of control. If the auditor finds such list correct and in accordance with the reports made to him by the state board of control, he may pay to the persons entitled thereto the amounts so certified as due each.(1909, c. 58, §21; Code 1923, c. 15M, §23.)

§20. Reports by Board of Control to Governor.—On the first day of October, nineteen hundred and thirty-one, or as soon thereafter as practicable, and biennially thereafter, the state board of control shall file with the governor a full report of all matters herein prescribed, showing the condition of all the institutions under its control, the cost of conducting the same during the period covered by the report, naming the buildings contracted to be erected, at what points, for what purposes, the contract price and the condition of construction. It shall also incorporate in its report suggestions respecting legislation for the benefit of the several institutions under its care, and shall make estimates of appropriations, which in its opinion are necessary for the maintenance and other expenses of the institutions and for buildings, betterments and other improvements. The report shall contain such portions of the reports made by the chief officers of the several institutions to the board as it may deem proper, and shall show the dates of visitations made by the board or by any member thereof to the several institutions. There shall also be published in the report full and complete lists of the officers and employees of the board and of the institutions named in sections three and four of this article, showing the annual salary paid and perquisites allowed each officer or employee. The report shall also include a statement of the work of the board during the period covered by the report, an itemized statement of all moneys received or disbursed by the board, and such other matters as it may deem pertinent. The governor may direct the board to make any special investigation into and report upon any matter connected with any state institution.(1909, c. 58, §14; Code 1923, c. 15M, §15.)

§21. Special Investigation of Any State Institution by Governor or Committee Appointed by Him.—The governor is hereby empowered to make a special investigation, either in person or by a committee appointed by him, of the condition, management or affairs of any state institution, and for the purpose of aiding any such investigation the governor or committee shall have the same powers as are conferred upon the state board of control, by section fourteen of this article, in making similar investigations.

§22. Board of Control to Perform Duties Required by Governor.—The governor may require the state board of control to perform any duty or work pertaining to the management and control of any of the institutions named in sections three and four and consistent with the objects of this article.(1909, c. 58, §22; Code 1923, c. 15M, §24.)

§23. Appropriations for Officers, Commissions, Boards or Institutions Not Having Office at Capital; How Expended.—All appropriations now or hereafter made for officers, commissions, boards, or institutions, public or private, other than those mentioned in sections three and four of this article, not having an office at the state capital, shall, unless otherwise provided by law, be expended on requisitions of such officer, commission, board, or institution, after approval by the state board of control.(1915, c. 5, §1; Code 1923, c. 15M, §30.)

§1. Public Printing; Supervision by Board of Control.—The state board of control shall be ex officio superintendent of public printing.(Code 1849, c. 18, §1; Code 1860, c. 18, §1; 1865, c. 21, §1; Code 1868, c. 16, §1; 1872-3, c. 79, §1; Code 1923, c. 16, §1; 1923, c. 59, §1.)

§2. Methods of Contracting for Public Printing, Binding, Paper and Stationery.—The superintendent of public printing shall enter into contracts for the execution of the state printing and binding and for supplying the State with printing paper and stationery. The contracts for printing and binding and for printing paper and stationery shall be let on competitive bids from two or more printing establishments or printing paper and stationery supply houses and shall be awarded to the lowest responsible bidder, having due regard to the experience and facilities possessed by such bidder. Contracts for printing and binding shall be awarded as will best subserve the interests of the State, and the superintendent of public printing shall, with the approval of the governor, have authority to determine the manner in which the contracts are let, in one of the following forms: (a) By individual and separate contracts for each item of printing as the need arises; or (b) by classification of the several classes of printing and binding, the contract, if the latter method be adopted, not to exceed a period of two years.(1865, c. 21, §13; Code 1868, c. 16, §11; 1872-3, c. 79, §§2, 10; Code 1923, c. 16, §§2, 10; 1923, c. 59, §2.)

§3. Separate Contract for Each Item of Printing and Binding.—In case the separate contract for each item method is selected, specifications and requests for quotation shall be prepared by the superintendent of public printing and mailed to all printing establishments and contractors whose names have been filed with said superintendent requesting the right to bid on any printing or binding.

§4. Classified Contract for Printing and Binding.—In case it is determined to enter into a contract for all printing and binding for a period of two years by a classification of the several classes of printing and binding, the superintendent of public printing, at least two months before the contract or contracts shall become effective, shall give notice once each week for two successive weeks in two newspapers of general circulation and of opposite politics in each of the congressional districts of the State, that sealed proposals will be received at the office of the superintendent for the execution of the state printing and binding.

The superintendent shall provide schedules or blanks, stating clearly and distinctly the kind and character of the work to be done, upon which bids will be required to be submitted under the various classifications. In estimating the work required in the bids, the amount and character of the work during the last previous two years shall be made the basis. The classification shall be clear in every respect and shall be so itemized as to preclude the possibility of misunderstanding on the part of the bidder or contractor. The work shall be classified as follows: (a) Legislative printing and binding; (b) ruled and blank book work for all departments; (c) flat work—departmental forms and stationery for all departments; (d) quarterly, semiannual and annual reports and bulletins for all departments; (e) lithographed work for all departments.

When advertising for bids, the superintendent in setting forth the various items shall include therein only such items as are reasonably necessary to meet the needs of the State for a period of two years, and shall not include therein special items, nor items which there is no reasonable probability will be requisitioned during such two year period; and the superintendent shall make the itemization in any given classification as nearly as practicable conform to the exact requirements in that classification.

Specifications for bidders shall be:

For paper stock—the price per pound and weight per one thousand sheets, the weights to be based on flat and bond papers seventeen by twenty-two inches in size; book papers twenty-five by thirty-eight inches in size; newspaper twenty-four by thirty-six inches in size; cover paper twenty by twenty-six inches in size;

For composition—straight, tabular, or display composition, per thousand ems;

For press work—per thousand impressions;

For ruling—per thousand inches through the machine for each run, setting pens per pattern;

For binding—per volume according to number of pages and size of volume;

For folding and wire-stitching—per thousand signatures;

For folding and sewing—per thousand signatures;

For wrapping—per volume singly and per hour of time in packages;

For lithographing—stone engraving per vignette, per title and per word, transferring per plate, and press work per thousand impressions.

The bids and proposals shall be opened at the time specified in the presence of such bidders as see fit to attend. Such proposals shall distinctly and specifically state the price at which the bidder will do the work.

Each proposal shall be accompanied by a bond, entered into by the bidder with an indemnity company authorized to do business in this State as surety, in such sum and with such condition as shall be prescribed by the superintendent of public printing, and no bid unaccompanied by such bond shall be entertained or considered by the superintendent of public printing. The successful bidder shall, upon the acceptance of his bid, enter into a bond with an indemnity company authorized to do business in this State as surety, conditioned upon the faithful performance of the contract, in such sum as shall be fixed by the superintendent of public printing and as will save the State free from loss or harm in event of the failure or refusal of the contractor to execute such printing and binding, which bond shall forthwith be submitted to the attorney general for approval as to form.

When a contract has been made by the superintendent of public printing, it shall be submitted to the governor, and with it shall be submitted, for his examination, the bond which accompanied the proposal or proposals accepted, the accepted proposal itself, and all competing proposals received by the superintendent of public printing. If the governor approve the contract thus submitted, he shall, within five days after receiving the same, indorse the fact thereon and return it to the superintendent of public printing. If the governor does not approve such contract, he shall, within five days after receiving the same, notify the superintendent of public printing of the fact, and the superintendent of public printing shall proceed to relet the contract, advertising for new proposals for such length of time and in such manner as may be deemed proper. Upon the contract being approved by the governor at the time of the original letting, or in case of a reletting as herein provided, the superintendent of public printing shall immediately notify the successful bidder that his contract has been approved. If from death or any other cause there is a failure on the part of the contractor or contractors to proceed with the execution of the contract or contracts within twenty days after notice of the acceptance of the bid, the superintendent of public printing shall proceed to relet the contract to the lowest responsible bidder, subject to the approval of the governor, in the manner hereinbefore provided. In every case of a reletting as herein provided, the successful bidder shall, upon the acceptance of his bid, enter into bond as hereinbefore provided.

§5. Contracts for Printing Paper and Stationery.—The superintendent of public printing shall purchase all printing paper and stationery items required for use by the State from the lowest responsible bidder, quality and price considered, in like manner as is herein provided for the letting of contracts for printing and binding, either on open market on separate quotations for printing paper and stationery needs as they arise, or by a general contract.

§6. Collusion; Rejection of Bids.—If the superintendent of public printing is of the opinion that there was collusion between bidders, or that the lowest bid or bids are too high, said superintendent may reject any or all bids and readvertise for new bids in the manner hereinbefore set out. If two or more persons bid the same for a class or classes of printing, and such bids are the lowest price for such class or classes, of work, the superintendent of public printing may award the contract to such of them as, in the opinion of said superintendent, will best subserve the interests of the State.

§7. Maximum Rates for Printing, Binding and Printing Paper.—The following rates for printing, folding, stitching, binding, and for paper and envelopes shall be and are hereby fixed as a maximum price therefor, and no bids at a higher rate shall be received, entertained or accepted by the superintendent of public printing:

Display composition, three dollars per thousand ems;

Plain composition, one dollar and fifty cents per thousand ems;

Rule and/or figure work, three dollars per thousand ems;

Presswork, book and pamphlet work, and other work of like character, eight dollars per thousand impressions for the first thousand impressions, and five dollars per thousand impressions for each additional thousand impressions or fraction thereof, on sheets size nineteen by twenty-five inches; for presswork per thousand sheets for all blanks, forms, circulars and other work of like character, when printed on a sheet of paper of larger size than eight and one-half inches by fourteen inches, eight dollars per thousand impressions for the first thousand impressions, and five dollars per thousand impressions for each additional thousand impressions or fraction thereof;

Printing envelopes, up to and including size number fourteen, four dollars per thousand impressions for the first thousand impressions, and for each additional thousand impressions or fraction thereof, three dollars per thousand; larger than number fourteen up to and including envelopes ten by thirteen inches, six dollars per thousand impressions for the first thousand impressions, and for each additional thousand impressions or fraction thereof, four dollars per thousand;

Printing letterheads, size eight and one-half inches by eleven inches or less, six dollars per thousand for the first thousand impressions, and for each additional thousand impressions or fraction thereof, four dollars per thousand;

Ruling, setting pens, six cents per inch of feints; three cents per point down lines; twelve cents per striker. Running, fifteen cents per thousand inches through the machine for each run;

Folding and wire stitching, laws, journals, pamphlets and other public documents, three dollars per thousand signatures;

Folding and sewing, laws, journals, departmental reports and books of like nature, six dollars per thousand signatures (a signature under the contract for binding shall be sixteen pages, octavo size);

Binding, full calf, four dollars per volume; sheep, three dollars per volume; cloth or buckram, one dollar per volume; half-binding, four dollars per volume; cloth back and paper sides, seventy-five cents per volume;

Pamphlet binding, plain covers, three cents per copy;

Wrapping, the laws, pamphlets, departmental reports and other books for distribution, five cents per volume. Miscellaneous package wrapping, one dollar and fifty cents per hour;

Binding blank books, of record, full bound, Russia fronts, ends and bands, paneled and with hubs, up to and including fourteen inches by seventeen inches in size, fifteen dollars per book; in sizes larger than fourteen inches by seventeen inches, thirty dollars per book. This rate shall include all charges for binding, except ruling, press work, composition and paper;

Lithographing, engraving vignettes, two hundred dollars; engraving titles, etc., five dollars per square inch; body lettering script or type, twenty cents per word; transfers (each) units pulled in one piece (nineteen by twenty-four), twenty-five dollars; transfers (each) patched and bordered (nineteen by twenty-four), one hundred dollars; presswork, ten dollars per thousand impressions for the first thousand, and six dollars for additional thousands; Drying, pressing, trimming, and other necessary manipulation or labor necessary to make a complete job of printing or binding, except such charges as are separately and distinctly set out in the specifications, no compensation shall be allowed the contractor;

Machine finish book paper, twenty cents per pound; for enameled book paper, thirty cents per pound; for flat paper, thirty-five cents per pound; for bond paper, eighty cents per pound;

Envelopes, number six or less size, ten dollars per thousand; for envelopes larger than number six up to and including number nine size, twelve dollars per thousand; for envelopes larger than number nine size up to and including number fourteen size, twenty dollars per thousand.(1865, c. 21, §13; Code 1868, c. 16, §11; 1872-3, c. 79, §3; 1875, c. 85, §3; Code 1923, c. 16, §3.)

§8. Annulment of Contract; Board of Arbitrators; Failure of Contractor to Perform Contract Promptly or Properly.—Contracts for printing, binding, printing paper or stationery may be annulled by the superintendent of public printing for failure, refusal or manifest inability of the contractor to comply therewith. The annulment of a contract shall render the contractor and his sureties liable to the State for any damages incurred thereby. But, before any action may be taken under this section, the charges or cause of controversy shall be submitted to a board of arbitrators composed of the governor and two disinterested persons, one of whom shall be appointed by the contractor and one by the superintendent of public printing. The board of arbitrators hereby provided for shall also have power to pass on matters in controversy or dispute between the public printer and the superintendent of public printing, and their findings, which shall be made in writing, shall be binding as to the matter in dispute. Upon notice that a board of arbitrators is to be convened for the purpose of passing upon a disputed point or for the purpose of annulling or setting aside a contract, should either the superintendent of public printing or the contractor fail or refuse to promptly appoint a member of the board so provided for, the governor shall make the appointments.

If any printing or binding required by the State be not properly or promptly executed, or if any paper or stationery contracted for be not properly and promptly delivered, such failure shall forthwith be reported to the superintendent of public printing, and the superintendent of public printing may then employ others to do the work or any part thereof, or furnish the paper or stationery or any part thereof, and should such printing, binding, paper or stationery exceed in cost the contract price, then the contractor or contractors for printing, binding, printing paper or stationery shall be liable to the State upon their bonds for such excess of cost.

§9. What Printing Shall be Done.—On proper requisition the superintendent of public printing shall supply all the officers, departments, boards and institutions located at the seat of government with such printing, ruling, binding, lithographing and engraving as may be required by them in their several departments for the proper conduct of the business of the State: Provided, however, That it shall be optional with the state educational, benevolent, penal and correctional institutions not located at the seat of government as to whether they shall have their printing and binding done under a contract entered into by the superintendent of public printing or otherwise: Provided further, That nothing in this article shall be construed as prohibiting the State from maintaining at any of the educational, benevolent, penal or correctional institutions printing plants for the purpose of instruction or for printing for the institution maintaining it or other institutions operated by the State, when such printing is authorized by the board of control. The superintendent of public printing shall furnish such printing as may be ordered by either house of the legislature. The requisitions upon the superintendent of public printing shall state clearly and distinctly the description of the work, the quantity, and the time delivery is desired, and shall be made upon requisition forms furnished by the superintendent of public printing.

§10. Publication of West Virginia Reports.—The superintendent of public printing shall have charge and supervision of the printing and binding of the reports of the decisions of the supreme court of appeals of this State, and shall contract with the lowest responsible bidder for the publication of such reports in the manner provided in this article for other public printing. The contract shall provide for the publication of fifteen hundred copies of each volume of the reports ordered by the supreme court of appeals, to be printed on paper selected by the reporter of the court and bound in the best quality of law calf or standard buckram. The size of type and page shall be prescribed by the reporter. A volume shall be published according to the terms of such contract whenever the same shall be ordered by the supreme court of appeals. The reporter shall secure the copyright of each volume for the benefit of the State. The reports shall be styled “West Virginia Reports.”

The printing and binding of the reports shall be done under the direction and in the manner prescribed by the reporter, subject, however, to the control of the court. The reporter shall prefix to the printed report of each case the dates when the same was submitted and decided. Each volume shall, if practicable, contain the reports of at least eighty cases decided by the court, and shall contain not more than nine hundred pages, exclusive of the index and table of cases reported and cited. Proof sheets shall be furnished by the printer to the reporter and to each judge of the supreme court of appeals, and such corrections and modifications shall be made by the printer as the reporter or any of the judges shall direct. If the work be not done in the manner required by law, the volume of reports shall not be approved by the reporter or accepted by the superintendent of public printing.(Code 1849, c. 19, §3; Code 1860, c. 19, §3; Code 1868, c. 15, §5; 1872-3, c. 190, §5; 1875, c. 69, §5; 1882, c. 36, §3; 1890, c. 3, §3; 1917, c. 43, §3; Code 1923, c. 15, §3.)

§11. Superintendence of Legislative Printing.—The clerk of the house of delegates shall superintend the printing of the laws and all matter directed to be printed therewith, the journal of the house, and all printing ordered by the house or by joint order or resolution of the house and senate. The clerk of the senate shall superintend the printing of the journal of the senate and all printing ordered by the senate.

§12. Payment of Bills for Printing, Binding and Stationery.—All accounts accruing under this article shall be approved by the superintendent of public printing as correct and according to contract, if that be a fact. When so approved, all bills payable from the general appropriation for printing, binding and stationery, and from the appropriation for legislative printing, shall be presented to the auditor for payment. When the account is chargeable to a department, board or institution whose bills are payable from a special appropriation or from their appropriation for current or general expense, the bill or bills shall be approved by the superintendent of public printing as correct according to contract rates and shall be presented to the officer for whose department the work was done or material furnished, who shall certify the account, if found correct, to the auditor for payment out of the proper fund in the same manner as other bills and accounts chargeable to the board, department or institution are paid.

All bills and accounts for printing, binding, stationery or printing paper shall be made in triplicate and shall be fully itemized, free from technical abbreviations, and the quantity and character of the work under each contract item shall be set forth. One sample of each job of printing, except where it is impractical to furnish such, shall accompany the bills therefor, and the sample, after being indorsed with requisition number and date of payment, shall be filed in the office of the superintendent of public printing.

§13. Payment for Printing, Binding and Stationery for Certain Boards, Commissions, Officers and Institutions.—All printing, binding, printing paper and stationery for the state superintendent of free schools shall be paid for out of the general school fund. The printing and binding of the West Virginia reports shall be paid for out of the specific appropriation therefor and not out of the appropriation for public printing, binding, paper and stationery. No printing, binding, printing paper or stationery for the following named boards, commissions, officers or institutions shall be paid for out of the appropriation for public printing, binding, paper and stationery, but shall be paid for out of the appropriations for such boards, commissions, officers or institutions, or out of the expense funds or current general expense funds thereof, namely: The public service commission, the state road commission, the workmen’s compensation department, the forestry, game and fish commission, the state fire marshal, the geological survey, the various boards of examination or registration enumerated in chapter thirty of this Code, the various state institutions enumerated in sections three and four, article one of this chapter, all private schools and hospitals receiving state appropriations, and such other boards, commissions, bureaus and departments as may hereafter be created by law whose printing, binding and stationery supplies are expressly provided for in the acts creating them.(1872-3, c. 79, §21; Code 1923, c. 16, §27; 1923, c. 59, §5.)

§14. Printing of Biennial Reports, Bulletins and Other Publications.—In order to conserve the printing fund and eliminate the unnecessary publication of annual or biennial reports, bulletins and other publications, the superintendent of public printing is hereby given authority to limit the number of copies of such reports, bulletins and other publications ordered to be printed by each department, subject, however, to the final approval of the governor: Provided, That no report of the proceedings of any private organization or association shall be paid for out of the appropriation for printing, binding and stationery.(1917, 2nd Ex. Sess., c. 2, §14; Code 1923, c. 16, §28; 1923, c. 59, §3.)

§15. Disbursement of Appropriations for Printing, Binding and Stationery.—All appropriations made for printing, binding and stationery shall be disbursed on requisitions drawn on the auditor by the superintendent of public printing, except where otherwise expressly provided by law. Forms for disbursements and records of account shall be such as are prescribed by the state tax commissioner.(1923, c. 59, §8.)

§16. Custody and Distribution of Printing Paper and Stationery.—All printing paper and stationery shall be delivered to the superintendent of public printing, who shall have charge of the same, and issue it as needed.(1872-3, c. 79, §23; Code 1923, c. 16, §23; 1923, c. 59, §4.)

§17. Custody, Distribution and Sale of West Virginia Reports and Acts of Legislature.—The superintendent of public printing shall be custodian of the West Virginia reports after they are printed and bound and approved by the reporter, and of the acts of the legislature after they are printed and bound and approved by the clerk of the house of delegates. As soon as practicable after any new volume of such reports or acts has been delivered to the superintendent of public printing, not including reprints of former volumes, it shall deliver to the state law librarian sufficient copies to enable him to make distribution thereof in the manner prescribed by sections five and six, respectively, article eight, chapter fifty-one of this Code.

The superintendent of public printing shall sell such copies of the reports and acts as remain after the distribution provided by law has been made, at a price to be fixed by it with the approval of the governor; but in no case shall the price fixed for reports or acts be less than the actual cost to the State of the publication thereof. The proceeds of all such sales shall immediately be paid into the treasury.(Code 1849, c. 19, §§10, 11; Code 1860, c. 19, §§10, 11; Code 1868, c. 15, §§7, 8; 1872-3, c. 190, §7; 1882, c. 36, §§5, 6; 1890, c. 3, §5; Code 1923, c. 15, §§5, 6; 1923, c. 59, §6.)

§18. Paper Stock Furnished by State.—Paper stock, if furnished by the State to the contractor, shall be billed at the current market price for the grade furnished in the quantity furnished. It shall be unlawful and discriminatory for the superintendent of public printing to furnish the contractor with paper for any state work, unless all bidders are notified in advance of placing their bids of the prices at which the State will supply such stock. It shall also be unlawful for the superintendent of public printing to furnish the contractor any paper for other than the state work under contract.

§19. Offenses; Penalties.—Any person, firm or corporation who shall falsely swear to the correctness of any bill or account relating to public printing, binding, paper or stationery, and any officer who shall wilfully or fraudulently falsely certify any such bill or account for payment, or wilfully make any other false certificate in relation thereto, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be confined in jail not to exceed one year and fined not exceeding one thousand dollars for each offense. It shall be unlawful for anyone employed by the superintendent of public printing to accept from any contractor of public printing any recompense for reading of proofs or doing other detail work which can properly be construed as a part of the contract on any state printing. Any employee or contractor so offending, or any officer failing to perform any duty required of him by this article shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than twenty-five nor more than five hundred dollars for each offense.(1872-3, c. 217, §26; Code 1923, c. 16, §26; 1923, c. 59, §7.)

§1. Collection by Board of Control.—The state board of control is hereby directed to propound to and against the government of the United States of America, and to prosecute to collection, a claim by and in the name of the State of West Virginia for all moneys heretofore paid illegally into the federal treasury as a direct tax upon property situated in this State. If the board of control finds that there is no federal statute or law now existing providing for the payment of such funds into the treasury of this State, it is hereby directed to seek, in such manner as shall appear necessary and proper, legislation at the hands of the Congress of the United States, providing for the payment of such moneys into the treasury of this State.(1923, c. 66, §§1, 2.)

§2. Employment of Counsel.—The state board of control is hereby authorized to employ counsel and to enter into the necessary contracts and agreements with such counsel for the propounding and prosecution of such claim against the government of the United States of America, and fixing the commission to be allowed said counsel for such work, such commission to be contingent upon the collection of such moneys from the United States and to be payable out of the same, and not to exceed twenty-five per cent thereof: Provided, however, That the State shall incur no cost or expense in the propounding or prosecution of such claim other than such commission.(1923, c. 66, §4.)

§3. Disposition of Moneys.—All such moneys, so collected and paid by the government of the United States, shall be paid into the treasury of this State, less the commission for the collection thereof, and shall be held by this State for a period of five years in trust for the claimants of such funds.(1923, c. 66, §3.)

§4. Notice to Claimants.—Upon receipt of such funds from the United States by the treasurer of this State, it shall be the duty of the state board of control to give notice to all claimants thereof by publication once each week for eight successive weeks in a newspaper published in each of the counties of this State, and, if there be no newspaper in any county, then by posting such notice at the front door of the courthouse of such county for such period of time, which notices shall set forth that such moneys have been collected and shall notify all claimants of the same to propound their claims in writing by filing them with said board, and it shall warn all claimants and persons interested therein that a failure so to file their respective claims within a period of two years from the date on which such moneys were paid into the treasury of this State shall forever bar their respective rights to such funds, or any part thereof, and that in default of the filing of such claims such funds shall escheat to and become the absolute property of this State.(1923, c. 66, §5.)

§5. Filing and Payment of Claims; Direct Tax Commission; Appeals.—All claimants of such moneys shall file their claims in writing with the state board of control on such forms as it shall provide, and shall submit their proofs and evidence to a commission to be known as the direct tax commission, which is hereby created, and shall be composed of the governor, the treasurer and the auditor of this State. If such claims are approved by said commission, the auditor shall draw a warrant on the treasurer of this State, payable to the order of such claimant, and the treasurer shall pay such warrants out of the funds so collected from the government of the United States and held in trust for such purpose. Either such claimants or the State of West Virginia through its attorney general may appeal from the decision of the direct tax commission to any court of competent jurisdiction.(1923, c. 66, §6.)

§6. Escheat of Unclaimed or Improperly Claimed Funds.—At the end of a period of five years from the date on which such moneys so collected from the United States shall be paid into the treasury of this State, such funds, to the extent to which no claims have been filed against the same, shall escheat to and become the absolute property of this State. To the extent that any claims have been filed against such funds, they shall remain in the state treasury subject to the final determination of such claims, and all such funds not finally determined to belong to the claimants thereof shall at that time escheat to and become the absolute property of this State.(1923, c. 66, §7.)