1322 ARTICLE 27

particular consuming institution, agency or sub-division of the State shall
be forthwith submitted for immediate arbitration to a representative of the
Board, a representative of the Department of Budget and Procurement
and a representative of the State Comptroller or to a representative of the
Board, of the particular consuming institution or agency or sub-division
and of the State Comptroller as the case may be, whose joint determination
shall be final and conclusive.

(5) The said Board shall have power and authority: (a) To place
prisoners at labor upon State works whenever in the judgment of said
Board the same shall be expedient and proper, upon such terms as to it
shall seem wise. The said Board is hereby directed to provide, whenever
in its judgment the same may be expedient, such form of labor as will offer
an opportunity to prisoners to earn a surplus over the cost of their main-
tenance to the State, and said Board shall further provide in its discretion
for the payment of any part of such surplus so earned, to the prisoner
earning the same, or to such person or persons as he may direct.

(b) To formulate a system of records and accounting which shall at
all times indicate the source, nature and extent of its purchases, and the
source, nature and extent of its sales.

(c) To possess and enjoy all powers and authority necessary for the
proper performance of any duty or function by this section devolving upon
or required of said Board.

If any provision, sub-section, or sentence of this section or the applica-
tion thereof to any person, corporation or circumstance, be held invalid,
the remainder of the section, and :the application of any such provision,
sub-section or sentence to other persons, corporations or circumstances shall

not be affected thereby.¹

Acts of 1916, ch. 556, and of 1918, ch. 354, held valid and not to impair obligation of
a contract for convict labor made prior to their adoption. Specific performance; in-
junction. Nature and scope of police power. Cases reviewed. Jones Hollow Ware Co.
v. State Rds. Comn., 134 Md. 104.

See sec. 799, et seq.

An. Code, 1924, sec. 677. 1916, ch. 556, sec. 631.

763. The said Board shall have the control and management of the
financial affairs of the said institutions, and no bill against any of said insti-
tutions shall be paid until it has been approved by said Board and certified
by the Chairman. The said Board shall make or direct to be made all pur-
chases of supplies, including fuel, food, clothing, hospital stores, bedding,
furniture and all other articles necessary for the use of said institutions or
any of them; provided, that no contract for yearly supplies shall be made by
them unless they shall have first given one week's public notice in some
one of the daily papers of Baltimore City, inviting proposals and setting
forth the quantity and quality of supplies required, and the time within
which proposals for such supplies shall be made, and they shall accept such
proposals as in their opinion, under all the circumstances, may be most
advantageous to the institutions under their control.

Sec. 556, Code of 1904, referred to in deciding that ejectment might be brought against
warden of penitentiary, he being in actual personal occupancy of the premises. Weyler v.
Gibson, 110 Md. 655 (decided prior to act, 1914, ch. 133).

An. Code, 1924, sec. 678. 1916, ch. 556, sec. 632.

764. The party, with whom any contract may be made by said Board,
may be required by said Board to execute a bond to the State, with security

¹Sec. 2 of ch. 213, Acts of 1937, repealed all acts and ordinances inconsistent therewith.