xt76m902246v https://exploreuk.uky.edu/dips/xt76m902246v/data/mets.xml South Dakota United States. Works Progress Administration Lowe, Robert C.(Robert Chapin), 1907- 1936 p. 3901-3968, 1 leaf (folded); 27 cm UK holds archival copy for ASERL Collaborative Federal Depository Program libraries. Call Number Y 3.W 89/2:35/So 8d books English Washington: Works Progress Administration This digital resource may be freely searched and displayed in accordance with U. S. copyright laws. South Dakota Works Progress Administration Publications Public welfare -- Law and legislation -- South Dakota Charity laws and legislation -- South Dakota Digest of Public Welfare Provisions Under the Laws of the State of South Dakota text Digest of Public Welfare Provisions Under the Laws of the State of South Dakota 1936 1936 2019 true xt76m902246v section xt76m902246v \f/ :2: ‘ umvansnvorxemucm ‘ _ ,
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W O R K S P R O G R E S S A D M I N I S T R A T l O N
HARRY L. HOPKINS, ADMINISTRATOR
CORRINGTON GILL, , HOWARD B. MYERS, DIRECTOR,
ASSISTANT ADMINISTRATOR SOCIAL RESEARCH DIVISION
0 ' .
DIGEST OF PUBLIC WELFARE PROVISIONS
UNDER THE LAWS OF THE STATE OF
SOUTH DAKOTA
I QCEEHEMENTPUBHCRUCW
mesa J MW»!
_____.______ LEBRARIES
JANUARY 15, 1936
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PREPARED BY ROBERT C. LOWE AND STAFF
LEGAL RESEARCH SECTION
UNDER THE SUPERVISION OF
HENRY B. ARTHUR, ASSISTANT DIRECTOR
DIVISION OF SOCIAL RESEARCH
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Preface
This bulletin is one of a series intended to present in
abstract form the public welfare provisions of the laws of each of
the States.
The purpose of these bulletins is to give a brief review
r of the provisions for public assistance under the laws of the several
jurisdictions, and of the administrative agencies set up by law with
3' reference thereto. A chart showing the organizational relationships
. E of the administrative agencies is included.
dE The possibility of error in attempting with a limited staff
_ ‘3 and in a limited time to assemble and digest the formidable mass of
_€ material incident to such a study is frankly recognized. The coopera-
E tion of those who have occasion to use these digests in reporting any
g errors of omission or commission noted, or in suggesting improvement
,2\ in form.or content, is invited and will be greatly appreciated.
2 Meanwhile it is hoped that those interested in considering
E the reorganization or strengthening of public welfare services in the
'2 several States may find the digests of practical value.
c " i ~ “ -
x“ )<.,;
c f :5 ', I g“,

 INDEX TO
DIGEST OF WELFARE IAWS OF STATE OF SOUTH DAKOTA
Public Welfare Provisions
General Poor Relief . . . . . . . . . . . . . . . . . . . . . 3901
Care of Dependent Children in Their Own Homes . . . . . . . . 3903
Dependent and Neglected Children (Institutional) . . . . . . 3905
old Age Assistance . . . . . . . . . . . . . . . . . . . . . 3907
Soldiers' and Sailors' Relief ‘.' . . . . . . . . . . . . . . 3908
Administrative Provisions
State Public Welfare Commission . . . . . . . . . . . . . . . 3911
. State Board of Charities and Corrections . . . . . . . . . . 3914
Warden of State Penitentiary . . . . . . . . . . . . . . . 3921
Superintendent of State Training School . . . . . . . . . . 3929
State Parole Officer . . . . . . . . . . . . . . . . . . . 3932
Superintendent of Yankton State Hospital . . . . . . . . . 3935
Superintendent of State School and Home for Feeble-minded . 3938
Superintendent of State School for the Deaf . . . . . . . . 3940
Superintendent of State School for the Blind . . . . . . . 3941
Superintendent of State Sanitorium for Tuberculosis . . . . 3943
Board of Pardons . . . . . . . . . . . . . . . . . . . . . . 3945
State Child Welfare Commission . . . . . . . . . . . . . . . 3947 .
State Commission for the Control of the Feeble-minded . . . . 3949
Soldiers' Home Board . . . . . . . . . . . . . . . . . . . . 3951
Board of County Commissioners . . . . . . . . . . . . . . . . 3954
County Board of Commissioners of the Insane . . . . . . . . . 3960
County Child Welfare Board . . . . . . . . . . . . . . . . . 3963
County Welfare Board . . . . . . . . . . . . . . . . . . . . 3964
County Court . . . . . . . . . . . . . . . . . . . . . . . . 3965
Chart showing Public Welfare Agencies

 South Dakota 5901
i
. DIGEST OF PUBLIC WELFARE PROVISIONS
GENERAL POOR RELIEF
(a) Description of class
Poor and indigent persons. 1/
(b) Procedure for determining eligibility
Application to Board of County Commissioners, who may
first require the applicant to secure the approval of the Township
Board or of the governing body of the town or city. 2/ The County
Welfare Board may, if so designated by the Board of County Commis-
' sioners, act as the agent of such commission in the administration
of county poor funds. 5/ If the Commissioners of the County refuse '
to give a person relief, upon application, the Judge of the Circuit ‘
. Court of the County may direct the Commissioner to receive the person
on the poor list. 4/
(c) Measure of responsibility

Direct relief 5/; poorhouse asylum §/; or shelter 2/;
funeral and burial expenses 8/; burial expense not over $75 9/;
medical attention 10/; hospitalization.lg/.

. (d) Qualifications imposed

Legal settlement. 12/

(1) Married woman follows settlement of husband if he
has any within the State, otherwise she keeps her own.

(2) Children follow settlement of father if he has any,
otherwise of the mother, illegitimate children follow settlement of
mother; no settlement acquired by children in place of birth unless
their parent or parents had settlement therein at the time.
_____________________.___________________________________________________

1. Compiled Laws (1929), Sac. 10057.

2. Lawa (1955), Ch. 159, Sec. 1.

5. Laws (1955), 8.3. 170, Sec. 6.

4. Compiled LaWs (1929), Sec. 10044.

5. Ibid, Sec. 10041.

6. Ibid, Sec. 10057.

7. Ibid, Sec. 10040, Amended by Laws (1955), Ch. 181.

8. Compiled Laws (1929), Sec. 10052.

9. Laws (1955), H.B. 17.
10. Compiled Laws (1929), Sac. 10055.
11. Ibid, Sec. 10046, Lawa (1955 Sp. Sess.), Ch. 12, Sec. 17.

. 12. Compiled Laws (1929), See. 10058, Amended by Laws (1951), Ch. 251.

 59oz South Dakota - Digest of Public Welfare Provisions -
GENERAL POOR 3314;213:131? (Cont'd) .
(d) Qualifications imposed (Cont'd) .
Legal settlement.
{5) Males and unmarried females over 21 years of age
' gain settlement by residence of one year in State and 90 days in
the county.
in} Settlement continues until lost or defeated,
{a} By acquiring new settlement in this State.
(a) By willful absence for 30 days from the State.

:5} ?ersons coming into State and likely to become pub—
lic charge51naf be prevented from acquiring settlement by being
warned to depart

Vflmre applicant is in good health and able bodied, the
Township Board or governing board of the town or city, respectively,
is authorized to require applicant to perform labor, or other ser—
vices, before giving approval of any application for assistance. 15/

, (e) gpfilgence of financial responsibility
(infinity; (Obligation mandatory). 14/ .
(1“) Ease;

To build and furnish an asylum, the Board of County Com-
missioners has power to assess a tax on all taxable property not ex-
ceeding $500 unless so voted. 22/ County property tax; lg/

(g) figygnistrative agencies

Board of County Commissioners assisted by Township Board
or governing body of town or city. 22/ Board of County Commissioners
may designate County Welfare Board to act in its place. lg/

(h) Supervisory controls

1572 pirovis ion. I
15. Lawa (3935}; Ch. 159, Sec. 2.
l4. Compiln' Laws {1929), Sec. 10037.

15. Ibidp Cr 1.00569

16. Ibids, Sec” 6’?49..

17. Laws {lens}? Ch. 159, Sec. 1.
18. Laws (REE)V SE B. 170, Sec. 6.

 South Dakota - Digest of Public Welfare Provisions 3905
CARE OF DEPENDENT CHILDREN IN THEIR OWN HOMES
(a) Description of class

Any mother whose husband is dead or becomes permanently
disabled for work or is a prisoner in the State penitentiary, or any
woman who has been divorced from her husband in this State for a

' period of one year or more or has been deserted by her husband for

one year or more, when such woman is pregnant or has a child or chil-
dren under the age of 16 years whom she is unable to support; or any

' ' female relative who under like conditions has undertaken to care for
orphaned or abandoned children. 2/

(b) Procedure for determining eligibility

A careful prelinunary exsnunation of the home must first
be made by the County Commissioner or person appointed by the judge
of the county court, and a report filed with the court. 2/

The allowance is made by the county court upon the veri-
fied petition of the mother or female relative, or of some member of

' the board of county commissioners or any charitable organization with-
in the county. Upon presentation of such petition the county court
. nmst proceed to examine into the facts. _§/ '

Any citizen of the county may at any time file a motion
to vacate or modify an order or judgment granting an allowance, upon
which the county court must hear evidence and make a new order sus-
taining, modifying or vacating the allowance. 2/

In counties having a population of less than 10,000, an
appeal may be taken to the circuit court, and in counties having a
population of 10,000 or over, an appeal may be taken to the supreme
court. Such a motion may be renewed from time to time but no oftener
than once in any calendar year. 5/

(c) measure of responsibility,

The order making an allowance is not effective for a
longer period than 6 months, but the judge of the county court may,
from time to time, extend such allowance. l/

f Allowance not to exceed $22.50 a month for first child
and $10 a month for each additional child. Allowance of $22.50 a
month for needy expectant mother, and medical, surgical, and hospital
services, and supplies. 1/

. 1. Compiled Laws (1929), Sec. 10025 amended by Lawa (1931), Ch. 252. ‘
2. Compiled Iawa (1929), Sec. 10024 (6).
3. Ibid, Sec. 10024.
4. Ibid, Sec. 10029.

 5904 South Dakota - Digest of Public Welfare Provisions
CARE 01‘ DEPENDENT CHILDREN IN THEIR OWN HOMES (Cont'd) .
(d) Qualifications imposed
Residence by mother or female relative and child or
children for one year in State and 6 months in the county before mak-
ing application. §/
Child or children must be living with mother. 15/
Allowance only if it enables the mother to remain at
home with children. 2/
Mother must be a proper person morally, physically and
mentally to bring up children. g/
It must appear for the benefit of the child to remain
with the mother. 2/
(0) Incidence of financial responsibility
County. 5/ (Obligation mandatory)
(f) Taxes
Property tax not to exceed 1/2 a mill. lpj .
(8) Administrative agencies
County Court. 11/
(h) Supervisory controls _
State Public Welfare Commission has power to receive funds
from United States Government for Mbthers' Pensions. 12/
__________._______..__._______.._.___.___.________.._______________________
5. Compiled Lawa (1929), Sec. 10023 anended by Laws (1931), Ch. 252.
6. Compiled Laws (1929), Sec. 10024 (1).
8. Ibid, Sec. 10024 (3).
9. Ibid, Sec. 10024 (5).
10. Ibid, Sec. 10030.
11. Ibid, Sec. 10024.
12. Laws (1935), S.B. 170, Sec. 4.

 South Dakata w Digest of thlifi W ‘Veae Provisions 5905
amalgam “AEEEmeLH-f 2;;.'2‘-‘;‘C:i::’i‘z,‘I‘UTIONAL)
is) awning- ~

Any chili Whm is a grungy oharge or an orphan; any
child deserted by both its parents, who has no suitable home or
abode; any child of an; in ism, indigent or incompetent person;
and any child of any person supported in whole or in part by
public charity %/

(b) Procedurewigipggpggmining eligibility

Any resident of this State may file with the clerk
of courts a verified petition in writing setting forth that a
certain child is dependent or neglected. E/

The court summons the person having custody of such
child to appear with the child and answer the petition. g/

The court on its own motion may order a jury of 6 to

I
try the case. g/
An appeal may be taken to the Circuit Court from a .
. ‘judgment degree or order of the county court. _5/
(c) Measgppmof responsipilitz
Visitation by probation officer; appointment of
guardian; placement in family; or institution.§/
Hospitalization and medical treatment. 2/
llllll_lui_ulllli_nliliisi_lw‘ln_lllw_l________.________________________
1. Comp led Lame {lStfi‘, Secs 9972a
in Ihid Secs SQSEJ
a Ibid., Sec. 993
In counties having a population of 30,000 or over, the Board of
County Commissioners must make arrangements and provision for the
care and detention of children pending final disposition of the
case and in counties having population of 50,000 or over, the
Board may provide a Detention Home. Ibid.

4 Compiled laws (1929}, See. 1002.
Upon the trial or hearing of these cases the Court must exclude
the general public. The records of all such cases must be with-
held from.indiacrimiaate pubiis inspection at the discretion of
the court. Ibid, Sec. 9998.

E. iompiled Laws (1929), Soon 1004.

. d.- Ibit“: Sec 9981.
9. Ibid, Sec. 9985.

 5906 South Dakota - Digest of Public Welfare Provisions — '
DEPENDENT AND NEGLECTED CHILDREN (INSTITUTIONAL) .
(d) Qualifications imposed a]
No provision.
(8) Incidence of financial responsibility
Persons legally liable are ordered by the court to support
the child if able. 2/
(f) Taxes
No provision.
(g) Administrative agencies
County Court. 10/ (Called the Juvenile Court 11/.)
(h) Supervisory controls _
Board of Charities and Corrections supervises and investi-
gates institutions. 1E]
State and County Child Welfare Commissions accept guardian-
ship of child. 15/
State and County Public Welfare Commissions have power to .
receive and disburse Federal funds. iii]
8. No adjudication under the provision of this Act shall operate as
a disqualification of any child fbr any public office, and no child
shall be denominated as a criminal by reason of such adjudication, -
nor shall such adjudication be denominated a conviction. Compiled
Laws (1929), Sec. 9998.
9. Compiled Laws (1929), See. 9996.
10. Ibid, Sec. 9975.
11. Ibid, Sec. 9974.
12. Ibid, Sec. 9990.
15. Laws (1951), Ch. 92, Sec. 2.
14. Laws (1955), S. B. 170, Sec. 4, 6.

 South Dakota - Digest of Public Welfare Provisions 3907 .
OLD AGE ASSISTANCE
The only legislation regarding Old Age Assistance

is that the State Public Welfare Commission has authority to receive,
hold, and preserve any funds which may be made available to the State
by existing laws or laws to be enacted by the Congress of the United
States providing for Old Age Pensions, and pursuant to such authority
as may be given it by such Act, to make such regulations not inconsis-
tent with the laws of the United States and the laws to be enacted in
this State as may be necessary for the administration of Old Age
Pensions. 1/
___ll_________________________________________.____________.___________
l° Senate Bill 170, Sec. 4 (1955)

 I 3908 South Dakota - Digest of Public Welfare Provisions
SCIDIERS' AND SAILOBS' RELIEF
(a) Description of class

Soldiers' Home:

' Any veteran of the Civil War, Mexican War, Spanish-Anora-
icen Ier, Indian Wars, Philippine Insurrection or the World War who
has an honorable discharge, his wife or widow. y

Burial: '

Any honorably discharged United States soldier, sailor,
marine, or aviator, of the Civil War, Spanish-American War, Philippine
Insurrection, or World War, or any person who being a citizen of the
United States served in any Allied Army in the World War, or any wife
or widow of same. 3/

Relief:

Veterans of Civil War, their wives or widows. y

(b) Procedure for determining eligibility .

Soldiers' Home:

Applications in writing shall be presented to the county
judge. The county judge must make a full and complete investigation. 3/
If the county judge finds applicant eligible he must certify the ap-
plication and forward it to the Superintendent of the Home, and if
application is proper in form and properly certified, the Superintendent
must admit the applicant. y

Burial:

Upon notice to the county judge of the death of any such
soldier, sailor, marine, or aviator within the county, it is the duty
of the judge to appoint a suitable person to take care of proper
burial. _§/
W
1. Compiled Laws 11929), See. 9955.

2. Ibid, Sec. 9.105, Amended by Laws (1951), Ch. 226.
:5. Laws (1955), H. B. 198.

4. Compiled Laws (1929), See. 9956.

5. Ibid, Sec. 9957.

6. Ibid, Sec. 9965.

 South Dakota ~ Digest of Public Welfare Provisions 5909
. SOIDIERS' AND SAILORS RELIEF (Cont'd)
(0) Measure of responsibility
' Admission to Soldiers' Home, 2/
Funeral and burial expenses not to exceed $1009 g/
Direct relief. 2/
(d) Qualifications imposed
Soldiers' Home: 2/
(1) 22165322,:
Residence in State for period of 3 years next precedw
ing applicationo
Incepacitated from earning livelihood.
, Income not in excess of $900 per ennum.
(2) m:
. 60 years of ageo
Married to veteran not less than 5 years.
<6) m
60 years of ageo
Residence in State for 3 years next preceding
application“
Not sufficient income to support herself.
Estate not sufficient and relatives or friends are un—
able to defray the chargese 1/
Must die within county or have legal residence therein. 29/
79 Compiled Laws (1929), Sec. 9955.
8a Ibid9 Sec. 99659 Amended by Laws (1931), Ch. 226.
90 Laws (1955), H9 BO 198»
10a Compiled Laws (19-29)G Sec. 9965 A. ‘
O

 3910 South Dakota - Digest of Public Welfare Provisions
SOLDIERS' AND SAILORS' BRIEF (cont'd) .
(6) Incidence of financial responsibility
Soldiers:
State general fund. 11/
Burial:
State general fund. 12/
County may appropriate the money 13/, but the State re-
imburses the county. 14/
Direct relief:
State general fund. 15/
(f) Taxes
No provision.
(g) Administrative agencies
Superintendent of Soldiers' Home; county judge commit- .
ting. 1§/
Board of County Commissioners 12/, and county judge 18/,
handle the burial aid. »
Soldiers' Home Board administers the direct relief to
Civil War veterans, their wives or widows. 15/ -
(h) Supervisopz controls
No provision, except that the Soldiers' Home Board
supervises the Home. 12/
______________1l.11___.____.._.______._________________________——_—__——
11. Laws (1935), S. B. 192, Sec. 23, 43.
12. Ibid, S. B. 193, Sec. 1.
13. Compiled Laws (1929), Sec. 9965 A; 9964 A, B, C; 9965.
14. Ibid, Sec. 9966. .
15. Laws (1935), H. B. 198.
16. Compiled Laws (1929), Sec. 9957.
17. Ibid, Sec. 9964 c. -
18. Ibid, Sec. 9965.
190 Ibid, 860. 99480 .

 South Dakota
"— 3911
ABSTRACT OF ADMINISTRATIVE PROVISIONS
STATE PUBLIC WELFARE COMMISSION
(Statutory Body)
1. General Powers and Duties
(a) State Public Welfare Commission:

(1) To replace the State Relief Committee hereto-
fore set up for the administration of emergency relief, and to re-
ceive from the appropriate agencies of the government of the United
States funds allotted South Dakota for general relief purposes and
shall through the office of the State Welfare Commissioner administer
the allocation and distribution of such funds and make regulations
not inconsistent with the regulations of the United States Government. 3/

(2) To receive from.the appropriate agency of the
United States Government any funds allocated for mothers' pensions,
for the protection, care, education, and hospitalization of neglected,
delinquent, dependent and physically handicapped children. g/

(5) To receive any funds which may be made avail-
able to the State of South Dakota by existing law or laws hereafter
to be passed by the Congress of the United States providing for old

. age pensions, and when authorized by an act of the Legislature to
proceed with the administration of a system of old age pensions in
South Dakota. g/
(4) To receive funds which may be made available
' to the State by existing law or laws hereafter to be passed by the
Congress of the United States providing for unemployment insurance,
and when authorized by an act of the Legislature to proceed with
the administration of the system of unemployment insurance in South
Dakota. 2/

(5) To receive from the State Treasurer any funds
specifically appropriated for the purposes of this act. §/

(6) To set up in the several counties of the State,
under such regulations as the Board may prescribe, child welfare
services which shall be in charge of the County welfare Board. fi/

1. Laws (1955), S. B. 170, Sec. 4-8.
2. Ibid, Sec. 4-b.

3. Ibid, Sec. 4—0.

4. Ibid, Sec. 4-d.

5. Ibid, SEC. 4‘8.

6. Ibid, Sec. 7.

 5912 South Dakota m Abstract of Administrative Provisions -
1. General Powers and Duties (Contid) .
(b) Public Welfare Commlsggggggz 1/

(l) The Commissioner is responsiule for the
establishment and maintenance of such subdirisions of his depart-
ment as may be necessary for its orderly and efficient adminis-
tration.

(2) He is authorised to discontinue any
activities when directed so to do In: “YT-ho State Welfare Commission.

(3) He must see to it that an accurate account
is kept of every fund within the custody of the department, and
that the proceedings of the disbursing officers are regularly and
accurately audited.

(4) He has the authority when the connnission is
not in session, to issue new regulations whenever necessary.

(0) Mars:

(1) The Secretary must keep a permanent record
of the proceedings of the commission to constitute a public record
of the State. 33/

2. _C°m_n_os.i_tli_on_ Sin.9..léPPJZEIPBGEt..2L%Ei‘ifl駣&f§..qdl .

“The Commission consists of 9 members
appointed by the Governor for Sal/8531“ rotating terms. They
receive their actual expenses while attending meetings and such
other compensation for each day actually required for the discharge
of their duties at a fixed rate per day as prescribed by the
Governor. _9_/

A Secretary is appointed by the Commission,
which also has the power to appoint treasurers and custodians of
the several special funds which may from time to time come into
its hands for administration. 10/

3. Reports '

The State Public Welfare Commission must
annually submit and publish a full and complete report of the
department to the Governor. 11/

__,__,l.,.,,m_.m., ., _ .__.___,l-,n._._.__.____________
'7. Laws (1955), s at 170, Sec. 5.
8. Ibid, Sec. Al (g).
9. Ibid, Sec. 3 (a).
10. Ibid, Sec. 4 (g).
11. Ibid, Sec. 10- .

 South Dakota - Abstract of Administrative Provisions - 3913
. 4. Executive

The State Welfare Commissioner is appointed by the
Governor and is the executive head of the State Department of Public
Welfare. _l_‘_s_/

The Commissioner shall receive such salary as may be
fixed and determined by the State Public Welfare Commission. lg]

5. Staff '

The Commissioner of Public Welfare has the authority
to appoint such necessary clerks, auditors, field representatives and
county representatives as may be required for the administration of
the activities of the department. 1§/

With the approval of the State Welfare Commission,
the Commissioner of Public welfare appoints such subordinate officials
as may be necessary to administer and discharge the duties of his
office adequately and fixes their compensation._12/

6. Financial Provisions
' Compensation and/or expense of any and all persons
authorized to be employed by the provisions of this act are payable
from any funds which may lawfully be received by the State Department
. of Public Welfare. 33/

An amount not to exceed $500,000 per year is appro—
priated for the relief of the poor from the receipts of a privilege
tax on the operation of stores, to be effective until June 50, 1937. lé/

The receipts from liquor taxes and 96%% of the gross
receipts from beer and wine revenue is appropriated for relief of

, poor. 16/
12. Laws (1935), S. B. 170, Sec. 5 b.
13. Ibid, Sec. 5.
14. Ibid, Sec. 8.
15. Ibid, S. B. 154.
16. Ibid, S. B. 168, H. B. 66.

 3914 South Dakota - Abstract of Administrative Provisions
STATE BOARD OF CHARITIES flgflEEEECTIGNS .
(Constitutional Body)
1 General Powers and Duties

(a) The charitable and panel institntions of the State
are under the charge and control of the state as; i of Charities and
Corrections. These institutions are thz State Penitentiary, Yankton
State Hospital, Watertown State Hospital, State School for the Deaf,
State School for the Blind, State Training School, State School and
Home for the Feeble—minded and the Statz Sanitarinmgfor Tuberculosis. 3/

(b) The members of the Board have Emil power at all times
to inquire into and examine the condition of the several institutions;
to inquire and examine into their methods of instruction and govern-
ment and management of their inmates, the official conduct of all

V officers and employees of the same, the condition of'tha buildings,
grounds and other property, and into all other matters pertaining to
their usefulness and good management. For all these purposes they
have free access to the grounds, buildings and all books and papers
relating to such institutions, and all persons now or hereafter con-
nected with the same are directed and required to give information and
afford such facilities for inspection as such members may require, and
any neglect or refusal on the part of any of;f."icer2 employee, or person .
connected with such institutions to comply with the requirements of
this section is sufficient cause for his removal. 3/
(c) The Board must prescribe the management of such in-
stitutions, and a manner of keeping the accounts thereof which will
render property belonging to the State readily ascertainable at any
time; and it must provide a method of identification of all property
belonging to the State in any of such institutions. 3/ -
(d) The Board has the power to make contracts for service,
the erection of buildings, the purchase of lands, materials, and sup-
plies, except such supplies as are under the supervision of the Commis-
sioner of Public Printing; and, in carrying out these contracts it has
the power to expend money, exact and collect penalties, and to purchase
and sell property within the limitations of the State and National Laws.jy
1. Constitution, Art. 14, Sec. 1, 2 and Compiled Laws Ann. (1929),
See. 5571.

2. Compiled Laws Ann. (1929), See. 5575.

3. Ibid, Sec. 5575wA.

Provided, that all contracts for the erection and repair of
buildings and the purchase of ordinary supplies exceeding in
° value $500, except coal, must be by publicly advertised bids

and public letting, and provided, further, that no member of
the Board can be directly or indirectly pecuniarly interested .
in such contract. Ibid.

 South Dakota — Abstract of Administrative Provisions - 3915
. 1. General Powers and Duties (Cont 'd)

(e) The Board may bring suit in the proper court in
its own name, to enforce any contract made by it; and any suit
relating to such property, or to the carey custody, control, manage-
ment or improvement thereof; and it is the duty of the Attorney
General to prosecute such suit upon the request of the Board. 3/

(f) The Board has all powers necessary for the proper
legal management of the penal institutions placed under its control
and the property belonging to the same. é/

(g) The Board has the power to condemn private property
for public use. 5/

(h) The Board, or some member thereof, must attend a
session of the legislature whenever any committee of either branch
requires such attendance. E/

(i) The Board at any time may prescribe rules and regu—
lations for the discipline and order of any institutions under its
care and management; and all the officers and employees of these

. institutions must comply fully with all directions and rules or
regulations of the Board. 2/
(j) The Board has the following powers and duties which
. were formerly those of the Women's Committee of Investigation:

(1) To investigate the Yankton State Hospital, the
State School for the Deaf, the State Penitentiary, the State Train-
ing School, State Sanitorium, State School and Home for Feeble-minded,
the Soldiers' Home, the State School for the Blind.and such other
institutions as are or may be provided by law. 8/ .

v (2) To call upon the officers in charge of such
institutions to impart whatever information may be required by such
committee. 8/

(3) It must attend, once in each year, at the expense
of the State, the annual conference of the National Associatibn of
Charities and Corrections, or, in lieu thereof, the National Conference
or convention of some National Association organized for the purpose
of improving conditions at institutions of the character described
in this section. 35/

4. Compiled Laws Ann. (1929), See. 5375—A.

5., Ibid, Sec. 5577. "

6. Ibid, Sec. 5393. .
7. Ibid, Sec. 5394.

8. Ibid, Sec. 10031, and 5374-3.

 5915 South Dakota - Abstract of Administrative Provisions -
1. General Powers and Duties (Cont'd)

(4) To visit and inspect at least once a year,
each private hospital, reformatory home, house of detention, con-
vent, asylum and every other denominational seminary, dormitory,
college, orphan home and boarding school within this State, which
holds itself out to the public or any part thereof, for the instruc-
tion, reformation, mental or physical treatment of children or
adults; to examine into the sanitary conditions of such institutions
and the treatment given the inmates thereof; to hear and receive all
complaints from such inmates therein regarding their health and
treatment. 9/

(5) To call upon the Superintendent of the County
Board of Health of any county in which any institution is located
for advice and assistance in making inspection and examination, and
it is the duty of such Superintendent to advise and assist such
Committee when so requested. 19/

(k) It is the duty of the Board, at least once in each
month or more often if necessary, to visit all State institutions
under its control and ascertain whether the money appropriated for
their aid and maintenance has been and is being economically and
judiciously expended, for the purposes for which it was appropriated.
It must approve the vouchers and see that they are all carefully .
examined before being presented to the State Auditor for payment. 11/

(l) The Board must ascertain whether the objects of
the several institutions are being accomplished; whether the laws
in relation to them are fully complied with; whether all parts of
the State are equally benefited by them; whether the officers and
employees are competent and faithful; and whether the conduct and
management thereof are in all respects lawful and efficient. 11/

(m) The Board is authorized to prescribe rules and regu-
lations covering the duty of the parole officer, not in conflict with
the laws of the State, and for his direction and control. 12/

(n) _The Board is authorized to provide for the care of
a child, who is either partially or totally blind, and whose parent
or guardian is indigent or unable to provide proper care, in any
institution suitably equipped for the care of such child, and until
the child has reached the age of 6 years. The expense for such care
is a charge against the County in which the parent or guardian there-
of resides. 15/
_________.___.__________.___..______________________..________._______

9. Compiled Laws Ann. (1929), Sac. 10055.

10. Ibid, Sec. 10054.

11. Ibid, Sec. 5585.

120 Ibld, Sec. 5409. .
15. Ibid, Sec. 2 and 5505.

 South Dakota - Abstract of Administrative Provisions - 5917
2. Camposition and Appointment of Governing Body
The Board consists of 3 members appointed by the
Governor, by and with the consent of the Senate. The salary of
each member is $1,500 per annum, and necessary expenses while per-
forming the duties of his office. The term of office of each meme
bar is 6 years or until his successor is appointed, and the term of
one member of the Board expires every 2 years. Any vacancies must
be filled by the Governor, and the appointees hold office until the
next session of the Legislature succeeding their appointment, at
that time their term of office ceases, and appointments must be
made for the unexpired term. 14/
3. Reports
The Board must report to the Governor on the first
day of July, or as soon thereafter as possible, and not later than
the first day of November, in each year preceding the biennial ses-
sion of the Legislature. This report must cover the biennial period
ending the 30th day of the preceding June, and must contain, in con—
densed form, complete information with regard to the transactions of
. the Board and the institutions under its jurisdiction. 15/
4. Executive
. Not specifically provided for by law but the 1935
appropriation act makes an allowan