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CHAPTER 163 AN ACT TO REORGANIZE THE STATE PRISON AND TO REPEAL AND REENACT CHAPTER 130 OF THE CON- SOLIDATED STATUTES OF NORTH CAROLINA, AND ACTS AMENDATORY THERETO. The General Assembly of North Carolina do enact:
The board of directors may provide for the recapture of convicts that may escape from such prison and may pay such reward and expense of recapture to any person making the same. Any citizen of North Carolina shall have authority without warrant to apprehend any convict who may escape before the expiration of the term of his imprisonment, and to retain him in custody and redeliver him to the State Prison Department. 7708 Reports. .The board of directors shall make to the Budget Bureau, or to the Governor, a full report of the finances and physical condition of the State Prison Department on the first day of July of each year hereafter, and at such other times as the Governor, or director of the budget, may call for same; and said report shall contain such information as may be desired by the Budget Bureau, or the Governor. 7709 Compensation of the board; not eligible to other office or employment in connection with the State Prison Department. Each member of the board of directors shall receive as compensation for his services, four dollars ($4.00) per day for such days, or fractional parts thereof, as he may be engaged in the duties of said board, together with five -5 cents per mile traveled while in the discharge of his official duties; but the board may allow its chairman a salary in lieu of the per diem and mileage above set forth, and may confer such authority and impose such duties upon him in reference to the management of the institution as it may think proper. No member of the board of directors shall be eligible to any employment in connection with the State Prison Department. 7710 Directors not to furnish supplies. No director shall furnish any supplies or materials, directly or indirectly, for the support of the convicts, or for the use of the State Prison Department. 7 7711 Duty of State Treasurer and regulation of disbursement of funds for the State Prison Deparlment. All moneys received, or collected, by the State Prison Department, or its agents, officers, or employees thereof, belonging to the State shall be paid to the State Treasurer at such times and in such manner as may be prescribed by law, and in default of any specific requirement otherwise provided by law as to the deposit of same, then the Budget Bureau is hereby empowered and directed to make such rules and regulations for the payment of such funds to the State Treasurer as may in its opinion be just and proper, and in conformity with the policy of the State with reference to the deposit with and payment to the State Treasurer of funds belonging to the State. The State Prison Department shall hereafter be operated upon legislative appropriations, and disbursements on account of these institutions shall be made by the State Treasurer upon warrants drawn by the State Auditor after the presentation of itemized vouchers, approved by the board of directors, who shall indicate their approval thereon by the signature of the chairman of the board. Duplicates of such vouchers shall be kept and filed in the office of the chairman of the board of directors and the originals thereof shall be kept and filed, after payment, in the office of the State Treasurer. 7712 Work of convicts on public roads. The board of directors of the State Prison Department are authorized to work the prisoners committed to their charge on the public roads of the State by organizing State camps for housing and feeding the prisoners while at work on such roads, but the construction of such camps must be in accordance with plans approved by the State Highway Commission and the State Board of Health, but if worked upon the public roads of any county or subdivision thereof, then such county or subdivision shall pay to the State Prison such compensation as may be agreed upon by such county, or subdivision thereof, and the board of prison directors. 7713 Supervision of jails and camps by Board of Health. The State Board of Health shall have the same supervision of all jails, county camps or other places of confinement of county or city prisoners in regard to the method of construction, sanitary or hygienic care as they have over the State Prison Department. and no jail, county camp, or other place of confinement of county or city prisons shall be constructed or used as such for a period of six months, unless the State Board of Health shall have approved the same, and the violation of this section shall constitute a misdemeanor punishable by fine or imprisonment, or both, in the discretion of the court. 7714 Sanitary and hygienic care of prisoners. The sanitary and hygienic care of the prisoners shall be under the direction, supervision, and regulation of the State Board of Health, and all camps and camp equipment shall conform to the plans and specifications of and be approved by the State Board of Health; and the board of directors of the State Prison shall do such things as may be necessary to carry out the recommendations of the State Board of Health. The supervision of the State Board of Health shall apply to the State Prison, the State farms, and county or State camps or other places where the prisoners are confined or housed, and such recommendations as shall be made by the State Board of Health regarding clothes, bedding, tableware, and bathing for the prisoners shall be carried out by the board of directors of the State Prison. 7715 Quarters at State farm. In order to erect suitable quarters for the prisoners kept at the State farms, the board of directors of the State Prison Department is authorized and directed to spend a sufficient amount of the funds, under the control of the board, for permanent improvements, to pay for the erection of sanitary quarters for the prisoners with individual cells, when cells are deemed necessary, for each prisoner, and the plans and specifications for the erection of such quarters shall be approved by the State Board of Health. 7716 What prisoners sent to State Prison. All persons convicted of crime punishable by imprisonment in the State Prison in any of the courts of this State whose sentence shall be for five years or more shall be sent to the State prison. 7717 Convicts sent to place of labor. The board of directors shall, as far as practicable, make arrangements for the conveying of convicts from the places where convicted direct to the place where they are to be worked, when it would be to the interest of the State so to do. 7718 To be sent within five days. The sheriff, having in charge any prisoner sentenced to the State Prison Department shall proceed to send him to the State Prison Department or place of assignment within five days after the adjournment of the court at which he was sentenced, if no appeal has been taken. 7719 Copy of affidavit filed with commissioners. The sheriff shall file with the board of commissioners of his county a copy of his affidavit as to necessary guard, together with a copy of his itemized account of expenses, both certified to by the auditor as TRUE copies of those on file in his office. 7720 State not liable for expenses before convicts received. The State is not liable for the expenses of maintaining convicts until they have been received by the State Prison Department authorities, nor shall any moneys be paid out of the treasury for support of convicts prior to such reception. 7721 Board to make regulations. The board of directors is authorized to adopt such rules and regulations for enforcing discipline as their judgment may indicate, not inconsistent with the constitution and laws of the State. And they shall print and post the same in the cells of the convicts, and the same shall be read to every convict in the State Prison Department when received. 7722 Infraction of rules recorded. The board of directors shall require to be kept a book in which shall be entered a record of every infraction of the published rules of discipline, with the name of the prisoner so guilty, and the punishment inflicted therefor, which record shall be submitted to the directors at their monthly meeting. 7723 Prisoners classified and distinguished. The board of directors of the State Prison Department shall direct the classification of all male prisoners committed to their charge into three classes or grades, as follows: In the first class shall be included all those prisoners who have given evidence that they will, or whom it is believed will, observe the rules and regulations and work diligently, and are likely to maintain themselves by honest industry after their discharge; in the second class shall be included those prisoners who have not as yet given evidence that they can be trusted, but are competent to work and are reasonably obedient to the rules and regulations of the institution; and in.the third class shall be those prisoners who have demonstrated that they are incorrigible, have no respect for the rules and regulations, and seriously interfere with the discipline and the effectiveness of the labor of the other prisoners. The men of the first class shall be known as honor men, and when grouped together in camps as hereinafter provided for the camp shall be known as honor camp, and they shall wear a distinctive but not very conspicuous uniform, and shall be worked without guards, and when in prison or camps, or in any other place of detention, they shall not be chained or under armed guards at night. The men of the second class shall wear a conspicuous uniform, and shall be worked under armed guards, but shall not wear chains, while at work, but may or may not be chained at night, in the discretion of the superintendent. The men of the third class shall be dressed in stripes, shall be worked under armed guards, wear chains during the day, whether this is considered necessary, and be chained at night when in camp, and shall be worked as far as possible in stockades, inclosing rock quarries, but may be worked on public roads in camps containing only this class of men, at the discretion of the superintendent, or that may hereafter be made by the General Assembly. The classification of male prisoners shall apply to female prisoners so far as it relates to commutation of time and pay for their work. Honor men may be worked wherever any work is being carried on by the prison, provided their privileges and immunities as set forth in this section are in no wise abridged. 7724 Assignment to classes and changes. Persons sentenced to the penitentiary, or State Prison Department, for the first time shall be placed in the first or second class, but the assignment of a prisoner to any one of the three classes referred to in this article shall not be considered to mean that such prisoner must remain in such class, but a prisoner may be changed from a lower to a higher class or from a higher to a lower class, depending upon his behavior, and it is the purpose and intent of this section to direct the board of directors of the State Prison to encourage and assist the men to improve themselves that they can be transferred from a lower to a higher class or grade. 7725 Commutation of time. The men of the first class shall be allowed a commutation of their sentence of one hundred and four days for each year served, and the men of the second class shall be allowed a commutation of their sentence of seventy-eight days for each year they serve, and the men of the third class shall be allowed a commutation of their sentence of fifty-two days for each year they serve. If a man remains in the third class for three continuous years, he shall not be allowed any further commutation of time. In the event any prisoner shall be sentenced for a less period of time than one year, said prisoner shall be entitled to a proportionate commutation of his sentence. The board of directors of the State Prison Department, by and with the advice and consent and approval ef the Governor, and Commissioner of Public Welfare, may make such regulations and pay such sums to prisoners at the expiration of their sentence as may in their judgment adequately aid such prisoners in securing employment and in defraying their expenses to the place of such employment within this State, or to the place from which said prisoners were sent to the State Prison, having due regard to article eleven, section eleven, of the Constitution, that all penal and charitable institutions shall be made as nearly self-supporting as is consistent with the purposes of their creation. 7726 Employment at useful labor. The board of directors of the State Prison Department shall, through the superintendent, wardens, managers, or officials of the penitentiary, state farms, or reformatories in the State, so far as is practicable, cause all the prisoners in such institutions who are physically capable thereof to be employed at useful labor. 7727 Prisoners examined for assignment to work. Each prisoner committed to the charge of the board of directors of the State Prison Department shall be carefully examined by a competent physician in order to determine his physical and mental condition, and his assignment to labor and the work he is required to do shall be dependent upon the report of said physician as to his physical and mental capacity. 7728 Whipping or flogging prisoners. It is unlawful for the board of directors of the State Prison to whip or flog, or have whipped or flogged, any prisoner committed to their charge until twenty-four hours after the report of the offense or disobedience, and only then in the presence of the prison physician or prison chaplain; and no prisoner other than those of the third class as defined in this article shall be whipped or flogged at any time. 7729 Prisoner’s supplies and clothes to be marked. The prisoners number shall be used for marking all clothes, bedclothing, beds, and other supplies used by prisoners, so that when such clothes, bedclothing, and supplies are washed and cleaned they shall be always returned for the use of the same prisoner. 7730 Uniform for prisoners; felons stripes. It is the duty of the several judicial officers of the State, in assigning any person to work the public roads of any county, to designate in each judgment that such as may be convicted of a felony shall wear felons stripes, and such as are convicted of a misdemeanor shall not wear felons stripes. In order to carry into effect the provisions of this section, the State Prison Board shall prescribe a uniform to be worn by persons convicted of felony, and a uniform to be worn by persons convicted of a misdemeanor which shall be different and easily distinguished from the uniform of the felon; but the board of directors of the State Prison Department or other governing authority may in their discretion allow prisoners sentenced for misdemeanor only to wear clothes similar to that worn by the ordinary citizen. The board of commissioners of the respective counties in which convicts are worked on the public roads shall provide uniforms of each kind, except in those cases exempted in this section. 7731 Violation as to work in felons uniform; officer liable. It shall be unlawful to work persons convicted of a felony in other than the uniform of a felon, or to clothe a person convicted of a misdemeanor in the uniform of a felon. Any superintendent of convicts or other persons in authority who shall violate this law shall be guilty of a misdemeanor, and fined or imprisoned, or both, in the discretion of the court; and, moreover, be liable in damage to the party aggrieved, to be recovered in a civil action, which may be brought in either the county from which the party was sentenced or the county in which the wrong was done. – 7732 Recreation and instruction of prisoners. The board of directors of the State Prison Department is authorized and directed to arrange certain forms of recreation for the prisoners, and to arrange so that the prisoners during their leisure hours between work and time to retire shall have an opportunity to take part in games, and attend lectures, and take part in other forms of amusement aS May be provided by the board. The board is also authorized and directed to make such arrangements as are necessary to enable classes to be organized amongst the prisoners so that those who desire may receive instruction in various lines of educational pursuits. The board of directors shall utilize, where possible, the services of the prisoners who are sufficiently educated to act as instructors for such classes in education; such services, however, shall be voluntary on the part of the prisoner. The board of directors of the State Prison Department is further authorized and directed to make such arrangements as will be necessary so that religious services may be held for the prisoners on Sunday and at such other times as they may deem wise. The attendnace of the prisoners at such religious services shall be voluntary. The provisions of this section shall apply to the State Prison Department, State Farms and State Camps. 7733 Use of intoxicants forbidden to employees. No one addicted to the use of intoxicating liquors shall be employed as superintendent, warden, guard, or in any other position connected with the State Prison Department, where such position requires the incumbent thereof to have any charge or direction of the prisoners; and any one holding such position, or any one who may be employed in any other capacity in the State Prison Department, who shall come under the influence of intoxicating liquors, shall at once cease to be an employee of any of the institutions and shall not be eligible for reinstatement to such position or be employed in any other position in any of the institutions. Any superintendent, warden, guard, supervisor, or other person holding any position in the State Prison Department who curses a prisoner under his charge shall at once cease to be an employee of the institution and shall not be eligible for reinstatement. 7734 Correspondence of prisoners regulated. The prisoners confined at any State Prison, State Farm, or State Camp who are in the first class or grade authorized by this article shall be allowed general correspondence privileges in so far as such correspondence does not interfere with the work and discipline of the prison, farm, or camp; prisoners who are in the second class or grade shall be allowed similar correspondence privileges, but somewhat more restricted than those in the first class or grade; and prisoners who are in the third class or grade shall only be aliowed such correspondence privileges as may be deemed best by the superintendent. Any prisoner shall be permitted to write a letter to the Governor of the State at any time he desires, and such letter shall be mailed for him as other letters are mailed. 7735 Divine services; Sunday school. The board of directors is authorized to provide for divine service for the convicts each Sunday, if possible, and to secure the visits of some minister at the hospital to administer to the spiritual wants of the sick. 7736 Religious instruction at Caledonia farm. The board of directors of the State Prison Department is authorized and directed, in order to provide religious worship for the prisoners confined in the States Prison, known as the Caledonia farm, to employ a resident minister of the gospel and to provide for his residence and support in such manner as the board may determine. 7737 Obsolete. 7738 Indeterminate sentence and discharge. The various judges of the Superior Courts of North Carolina are authorized and directed, in their discretion, in sentencing prisoners to the State Prison, to pass upon such prisoner a minimum and maximum sentence, thus making the sentence of the prisoner an indeterminate sentence, and the board of directors of the State Prison Department is authorized and directed to consider at 25 least once every six months the cases of such prisoners as have been committed to the State Prison with an indeterminate sentence, as to whether such prisoner is entitled to a discharge, and to take into consideration the prisoners record since committed to the charge of the board of directors of the State Prison Department: Provided, that the prisoner has served the minimum time to which he was sentenced after allowing credit for good behavior as authorized by law. 7739 Application for pardon to include record. Any application for the pardon of a prisoner committed to the discharge of the board of directors of the State Prison shall include a record of such prisoner since he was committed to the charge of the board; and in determining whether or not a parole or pardon shall be granted, consideration shall be given to the record of such prisoner; and the record of such prisoner shall be available to those making the application. 7740 Prisoners of different races kept separate. White and colored prisoners shall not be confined or shackled together in the same room of any building or tent, either in the State Prison or at any State or county convict camp, during the eating or sleeping hours, and at all dther times the separation of the two races shall be as complete as practicable. Any officer or employee of either the State or any county in the State having charge of convicts or prisoners who shall violate or permit the violation of this section shall be guilty of a misdemeanor, and upon conviction shall be fined not more than fifty dollars or imprisoned not more than thirty days. 7741 Separation of youthful prisoners. Youthful convicts shall be kept separate from old and hardened criminals in sleeping quarters. 7742 Punishment for recaptured prisoners. If a _ prisoner of the first or second class or grade attempts to escape or leaves the State Prison, State Farm, or State Camp without permission, he shall, upon being recaptured, be reduced to the third class or grade and shall permanently loose all his accumulated time and money; and the board of directors of the State Prison Department is authorized and directed to use every means possible to recapture any escaping or leaving, without permission, any of the State Prisons, Camps, or Farms, regardless of expense. 7743 Recapture of escaped felons; reward. It is the duty of the superintendent of the State Prison Department, when any person escapes from the State Prison Department who has been confined or placed to work, to immediately notify the Governor, and to accompany such notice with a full description of the escaped, together with such information as will be of service in the recapture. The Governor is authorized to offer such reward as he may deem advisable and necessary for the recapture and return to the State Prison Department of any person who may escape or who heretofore has escaped therefrom. Such reward earned shall be paid by the Treasurer of the State upon the warrant of the Governor and charged to the penitentiary board, and by said board to be repaid to the State Treasurer, and accounted for as a part of the expense of maintaining the States prisoners. 7744 Copy of this article supplied to prisoners. This article shall be printed in pamphlet form and each prisoner committed to the charge of the board of directors of the State Prison Department shall be supplied with a copy, and its contents shall be explained to him at the time he is brought to the State Prison. 7745 Overseers and guards may maintain discipline. When a convict or several combined shall offer violence to any officer, overseer or guard, or to any convict, or attempt to do any injury to the prison building or the workshops, or shall attempt to escape, or shall resist, or disobey any lawful command, the officer, overseer, or guard shall use any means necessary to defend himself, to enforce the observance of discipline, to secure the person of the offender and to prevent an escape. 7746 Death of convict investigated by directors. It shall be the duty of the board of directors, or some member thereof, upon information of the death of a convict other than by natural causes, to investigate the cause thereof and report the result of such investigation to the Governor, and for this purpose the board of directors, or any member thereof, shall have power to administer oaths, and send for persons and papers. 7747 Convict furnished transportation. The Superintendent of the State Prison Department shall furnish to every convict, upon the expiration of his sentence, such transportation and such other money, or property, as may be prescribed by the rules and regulations of the board of directors adopted pursuant to the provisions of section seven thousand seven hundred and twenty-five of the Consolidated Statutes. 7748 Children born in State Prison Department. Any child born of a female convict while she is in the custody of the State Prison Department that shall not be taken in charge upon arrival at an age suitable to be separated from the mother by some of its kindred of other responsible party, shall, on the application of the deputy warden to the clerk of the Superior Court of the county of Wake, be disposed of as the law provides in the case of children whose parents are dead or unable to provide for them. 7749 Governor may parole. The Governor may and it shall be his duty to parole such of the convicts in the State Prison Department as may be in his opinion necessary or useful in the upkeep of the State buildings and grounds in Raleigh, and for such other work in connection with any activities in which the State, its departments, or institutions may be engaged, with full power and authority to place such convicts under custody of any person, or persons designated by the Governor, and to cause such convicts to be managed and controlled under his direction, and to be returned to the State Prison at such times as he may direct, and to make such regulations, or arrangements by which the State Prison Department shall be properly compensated for the labor of such convicts so used. 7750 Record of conduct of prisoners. It is the duty of the superintendent of the State Prison Department and _ superintendents of county chain gangs or road forces, under rules and regulations to be made and promulgated by the board of directors of the State Prison Department, to keep a record of the conduct and demeanor of all prisoners held in the State Prison Department and on county chain gangs. 7751 Obselete. 7752 Obsolete. 7753 Obsolete. – 7754 No female prison work on streets or roads. Nothing in this article shall be held or construed to permit the working or hiring of female convicts for work upon any street, road or highway. 7755 Reimprisonment. If the Governor shall order the reimprisonment of any person discharged on parole, he may issue his order directly to the sheriff of any county in the State, directing the arrest of such person and his return by such officer to the State Prison Department, the expense of which shall be paid by the State Treasurer upon a warrant issued by the State Auditor on an order made by the superintendent of the State Prison Department. 7756 No deduction of time. If any such person be reim-. prisoned by order of the Governor for violation of the conditions of his parole, the time such person has been out on parole shall not be deducted from the term of imprisonment to which he was originally sentenced by the court, but the time of his imprisonment shall be understood as continuing from the time he was discharged on his parole. 7757 No impairment of Governor’s powers. Nothing herein is to be taken as in any way attempting to interfere with, or regulate the power of the Governor to grant reprieves, commutations, and pardons and paroles. 7758 Counties and towns may employ. It shall be lawful for the board of commissioners of any county, and likewise for the corporate authorities of any city or town to contract, in writing, with the board of directors of the State Prison Department for the employment of convicts in the State Prison Department upon the highways or streets of such county, city or town, and such contracts when so exercised shall be valid and enforcible against such county, city or town, and in the name of the State the Attorney-General may prosecute an action in the Superior Court of Wake County for the enforcement thereof. 7759 Duty to hire to counties and towns. Upon application to them, it shall be the duty of the board of directors of the State Prison Department, in their discretion, to hire to the board of commissioners of any county, and to the corporate authorities of any city, or town, for purposes specified in the preceding section, such convicts as may be mentally and physically capable of performing the work or labor contemplated and shall not at the time of such application be so hired, or otherwise engaged in labor under the direction of said board of directors; but the convicts hired for services under the preceding section shall be fed, clothed and quartered while so employed by the board of directors, or managers of the State Prison Department. 7760 Contract for hire; how enforced. The board of commissioners of any county, the corporate authorities of any city or town, so hiring such convicts shall pay into the treasury of the State for the labor of any convict so hired such a sum or sums of money at such time, or times, as may be agreed upon in the contract of hire; and if any such county, city or town, fail to pay the State money due for such hiring, the same shall bear interest from the time it shall become due until paid at the rate of six per cent per annum; and an action to recover the same may be instituted by the Attorney-General in the name of the State in the courts of Wake County. 7761 Counties to appoint superintendent. The board of commissioners of any county and the corporate authorities of any city or town so hiring such convicts shall have power to appoint and remove at will all such necessary agents to superintend the construction or improvement of such highways and streets as they may deem proper, or to pay the costs and expenses incident to such hiring may levy taxes and raise money as in other respects. 7762 Contracts for labor, or products of labor regulated. The board of directors of the State Prison Department shall in the case any and all contracts for labor provide under their direction and management for the feeding and clothing of such convicts by the State Prison Department and_ shall maintain, control, and guard the quarters in which such convicts live during the time of such contracts; and the said board shall provide for the guarding and working of such convicts under its sole supervision and control. The board of directors of the State Prison Department may make such contract for the hire of the convicts confined in the State Prison as may, in its discretion, be proper and will promote the purpose and duty to make the State Prison Department as nearly selfsupporting as is consistent with the purpose of its creation, as set forth in section eleven, article eleven of the Constitution; and the said board of directors may engage in and use the labor of convicts confined in the State Prison Department in such work on farms, in manufacturing, either within or without the State Prison, as the board of directors may hereafter determine to be proper and profitable to be carried on by the State Prison Department; and the said board of directors may dispose of the products of the labor of said convicts either in farming, or manufacturing, or in other industry at the State Prison or to or for any public institution owned, managed, or controlled by the State, to or for any county, city or town within this State; and may sell or dispose of the same elsewhere and in the open markets or otherwise, as in its discretion may seem profitable. 7763 To make State Prison Department self-supporting. It is the purpose of this chapter to make the State Prison Department self-supporting as contemplated by the Constitution, and to that end the directors thereof: are hereby authorized and empowered to employ the convicts therein in such form of work and to transfer such convicts from one form of work and employment to another when in the opinion of such board of directors such form of employment shall best serve the purpose. It is further declared to be the States policy in the conduct of the State Prison Department that convict labor shall be devoted primarily to State use, and to that end the board of directors of the State Prison Department shall as a primary purpose employ labor of such convicts in farming and in the production of such material as may be necessarily used by said State Prison Department and other institutions and departments, having due regard at all times to the promotion of the purpose set out in article eleven, section eleven, of the Constitution. 7764 Directors may establish reformatory. There may be established in connection with the North Carolina State Prison Department, under the control and direction of the board of directors of that institution, a reformatory either within the enclosure of the penitentiary or elsewhere as said board shall deem most practicable and economical, in which reformatory convicts under the age of eighteen years sentenced to the penitentiary shall be confined separate and apart from other convicts. 7765 May exempt from convict garb. It shall be in the discretion of the board to exempt the convicts confined in the reformatory from the requirement of wearing the usual convict garb. 7766 Not to apply to certain crimes. Nothing in the two preceding sections shall apply to convicts sentenced for the crimes of murder, arson, rape, or burglary. 7766-A. Supervision and visitation of the State Prison Department. That it shall be the duty of the State Board of Charities and Public Welfare to exercise a supervision over the State Prison Department, as contemplated by the Constitution, under proper rules and regulations; and that the rules and regulations be prescribed by the Governor. Sec. 2 That all laws and clauses of laws in conflict with this act to the extent of such conflict are hereby repealed; that this act shall be enforced from and after its ratification. Ratified this the 6th day of March, A.D. 1925