But the best interest of the prison evidently demands the control of men especially adapted to their task, men who shall form a body with all possible permanence, possess ripe experience, be free in their rule from partisan control, who shall make the institution their speciality, and manage after some fixed policy involving the most enlightened principles, principles of true reform.
The Association took up these matters, and for the purpose of obtaining legislation looking as undividedly in this direction as possible, appointed a committee, of which Rev. Mr. Sanborn of Concord served as chairman, who should, after due investigation and correspondence with other States, prepare the requisite bill for legislative consideration. After much labor, the following, as subsequently amended, was presented to the legislature at its session in '71.
IN THE YEAR OF OUR LORD ONE THOUSAND EIGHT HUNDRED AND SEVENTY-ONE.
An act in relation to the Penal Institutions.
Be it enacted by the Senate and House of Representatives in General Court convened:
Section 1. There shall be a Board of directors of Prisons to consist of five persons appointed by the Governor, by and with the advice and consent of the Senate, who shall hold office for five years, except that the five first appointed shall hold their office for 1, 2, 3, 4 and 5 years respectively, the commission of each designating his term of office. Thereafter one Director shall be appointed annually in the month of June, to hold his office five years. Such Board shall have charge and superintendence of the State Prison, and shall have such power, and perform such duties in respect to County Jails, the Reform School and other penal and reformatory institutions within the State, as the Legislature may by law impose upon it. The Board may, from time to time, elect from its own members or otherwise, a Secretary, who shall perform such duties as the Board may prescribe, and shall receive such salary as the Legislature may determine. The other members of the Board shall receive no compensation, other than reasonable and other traveling expenses, while engaged in the performance of official duty. And the limit of such expenses shall be in amount —— to each individual, which shall not be changed except at intervals of five years.
Section 2. Such Board shall have power,
I. To appoint the Warden, Deputy Warden, Chaplain, Physician and Surgeon of the State Prison, and shall have power to remove either of such officers, for cause only, after opportunity to be heard in his own defense upon written charges. All other officers and guards of the prison shall be appointed by the Warden thereof, and shall be removable at his pleasure.
II. To define the powers, duties and compensation of such officers, except the compensation of the Warden.