Omaha Daily Bee Newspaper, January 8, 1877, Page 5

THE fiMAHA DAILY BEE : JANUARY 8, 1877 Eight Pages. GOVERNOR'S MESS? & Centinued From 5 pace he growth of wealth and popula‘ion .any Btate in tue Union ean ex- hibit more gratiryiug resulis in tais espact. There are six'y organized ounties in this State, divided into o thousand five hundred axd ten ol districts The tota! numnber pt " cluldren of school age 3 eighty-six thousa! one hundred and ninety-one b an increase of thirteen fhousand and two hundred over 1874 tuis number fifty-nine thousand nin2 huudred and sixtysix attend the c schools. There are three State doubt g thonsand thres hundred and sixty- | one teachers employed, receiving an | average salary of thirty-four dollars and twenty four cents per month We bave nineteen hundred and ighty-tour schoo! houses, valued at I51,586,736.60. The total receipts of the last fiscal year from ail sources for common hool purposes were $1,093,275.36. [Che total expenditures for the same eriod were $1,098,97475 The ag- gregate bouded aud fl ating school febt is $1,663,058 60. There Lave been placed to the redit of the temporary school fund the State Treasury, amounts as flows : nterest on lands sold.....$135,002.69 (nterest on leassd lands... 39 782.63 nterest on loans. 4708.18 284203 16,777 17 . 59,385.46 238,651.96 Nuterest on warrants. uterest on certificates. hool tax collected.. Total... $487,178.32 here are still outstanding mort- zes of the permanent school fund fivestment tc the amount of $69,- ny of these are deliuquent n the payment of interest, and in ome cases tax titles have accrued inst the property to such an ex- ent as to greatly impair the securi- ty. much legislative action should be taken &s will enable and require the proper authorities to proseed to the collection and adjustment of these loans in thespeediest manner possi- ble, and to remnvest the fundsinto safer and more permgnent securi- ties. STATE UNIVERSITY It affords me much pleasure to call your attention to tuis institu- tion of learning; and I refer with satisfaction to its economucal and wise administration, its prosperous ~ondition and growing reputation. “"he recommendations specified in ve Regents’ report, herewith trans- “ted, are entitled to your favora- cousideration 1 refer particu- to the recommendation there- a, asking for legislation in refer- ence to the realization of an n jcome from the land endowment, hat the present moderate tax re- quired for its support may be still turther lesssned. As appears from the Regents’ re- port, the cost of educating a single tudent in the State University of Piebraska, as compared with thatin niversities and colleges of this ‘naracter in other BStates, is almost mparalleled 1n economy. The at- endance has increased from one wundred and thurty-two in 1874, to wo hundred and eighty-two 1 876; so that the legitimate ex- snge of eonducting the institution kst huve incressed The amount for now for i support is less that expended during the first ars of 1ts existence. It is to be I'ped that such provisions will be ade as to enable tue University to lontinue in 1ts work, and yet to eave no citizen on accourt thereof } ust cause for compiaint of grievous axation. It not already arrived, the time is 10t far distant when this education- ! institution, under its present able anangement, will become the ide of the whole state, NORMAL SCHOOL ITnk important branch of our ed- Joational system seems to be in ex- lient condition. The benefits of 3 school are already felt in the ite, and the results that may be fely anticipated in the future rully Jitifies its maintenasce. ‘he total enrollment of students the year 1876 was Lwo hundred sixty-eight, and the average at- ‘{ance per term was one hundred forty-two. For the last term the year the enrollment was oLe ‘ndred and ninety-six. Theaver- e cost of the school per term, as aown by the report of the principal 3,686.66. The board of education of the ormal School at their last wession sommeaded to your honorable P that & levy of a tax ofone- Fcth of one miil be made annually yon the taxable property of the ate for the support of this insti- tion. IN-TITUTE FOR THE BLIND The Legislature at 1ts last regular sion appropriated ten thousand liers for the purpose of erecling , institution for the bhnd, to be L cuted at Nebraska City, with the oviso that the citizens of Nebras- . City should donate the sum of ree thousand dollars for the same Tl . Tois amount has been sed aud paid over to the Trustees e Instituve as provided by law. @ building was contracted for the of 9,795.00, and was formally aed January 13th, 1876, and is ;ulated to accommodste fifty bils, The report of the Trustees ws that they have received for b pstitution during the past two 19 457.82, and have expended 1/7 06, lesving a balance on hand .07 addition to these expenditures . iz & balance due the contractor fi>rirz “vork on the building of e Principal of the insutute, f samuel Bacon, has also ad- sed for furniture and 1mprove- ,ts 1,209 38, making a total de- of 2,052.43, for which amount Trustees ask an appropriation. eving these expenditures to e been necessaryand reasonable, peommend that you make an ap- § on sufficient to cancel this blsdnos, n the 30th of November, 1876, e were seventeen pupilsin at- ance. e management of the institu- y | | tion seems to have been in all re- spects satisfactory. DEAF AND DUMB INSTITUTE. Ths institution was op-ned in the | city of Omahs for this unfortunate | class in April, 1869 Daring the irst year there were in attendance | twelve pupils. Bince that time there | has been a gradual ivcrease. The number connected with the school during the last two years was fifty- three. The legislature in 1875 appropria- ted 31,700 for the payment of the teachers and other expenses of the Institute, and also appropriated 15,- 000 for a new building, magng a total of 46,700. O thi= amount | there has been expended 39,394.13, leaving an usexpended balance No- vember 30th, 1876, of 7,345.86. ‘¥he new building aathorized by the legislature is now approaching | e )mpletion, at a cost, in~luding | ing, and other necessary fixtures, of 14,495.00 | For information as to the good management of the Institute, and [ its successful operation, 1 would re- | far you to the repor's of the directors | and prineipal. HOSPITAL FOR THR INSANE On the first day of March, 1875, Dr D W. Seotr, Buperintendent of | the Hospitol for the Insane, resign- ;ed, and Dr, F. G. Fuller was ap- pointed to fill the vacancy, and has | had charge since that time. The management of the hospital has been highly commendable, and the success most gratifying. | There is no class more deserving of our sympsthv than the insane, and zeither care nor treatment for their benefit should be withheld from them, At the last regular session of the legislature an appropriation of 35,000 was made for the erection of a south wing to the main building. The trustees of the hospital were wuthorized to superintend its con- struction. 1t has been completed in a substantia]l and workmanlike manner, and farnished, within the amountagpmprhted ; and has been occupied by patients during the past year. The constant increase of this un- fertunate class demands more reom, and further improvements for their convenience and comfort I would refer you to the reports of the Trus. tees and Superintendent of the in- stitution, herewith submitted for their recommendations in tnis re- L) pect. ¥ The Legislature at its last regular session appropriated 60,000 for the care and maintenance of the insane. This appropriation was made Feb- ruary 23d, 1875. and the expenses of the hospital for December, 1874, and January, 1875, nmnuntiniw 4,761.17, were drawn from the bal- ance left from the appropriations of 1873 and 1874. Kor the muinte- nauce of the hospital during the two tiscal years ending November 30:h, 1876, there has been expended 60,- 746.69, and the amount remaining unexpended in the State Treasury to 1t credit at that date was4,014.48. As prescribed by law there has been 26,962 89 charged to the coun- ties having patients in the hespital during the two years past. larger part of this amount has al- ready been paid into the State Treasury. The total number of inmates in the hospital November 30th, 1874, was forly six; admitted during the years 1875 and 1876 one hundred and eighteen; total number unaer treatment for the past twolyears, one hundred and sixty-four; number recovered du.ing the same period, fifty ; improved, nine; unimproved, 8ix; escapad, one; died, five; re- muining under (reatment Novem- ber 80th, 1876, ninety three. The daily average of patients for the year 1875 was fifty-four ani one-half, aud for 1876 was eighty- one. The weekly cost per patient for the year 1875 was10.834. aund for 1878 was 7.554. The per capita cost per Week for board and clothing for patients, and board for officers and employes for the yes1 1875 was 2-91}, and for 1876 was 2;14. It will be observed that as the number of patients increase, the per capita cost decreases, which, as a natural consequence, would be the case until the full capacity of the hospital is reached. The reports of the SBuperintendent and Bteward are very full, and to them you are referred for further de- tails concerning the government of the institution. STATE PRIZON. The Penitentiary has been com pleted under the contract made by the State, and is a substanial struet- ure, well ventiiated and heated, and 18 regarded as perfectly secure. With the addition of cells, it is of sufficien: size {0 hold all the erimi- nals likely to be ssut there for years to come. For a complete statement con- cerning its capacity and construc- tiou, you are referred to the report of tie Prison nspectors, herewith subuitted. { The appropriation made by the Legislature two years ago for the maintenance, care and custody of the convicts was 50,000. And there has been received, on account of convict labor, gate monsy, etc., 7,650.09, making a total of 57,6858.09. The amount expended during the two years ending November 30th, 1876, was 57,658.07. The average daily cost per prisoner has been one dollar and twenty ceuts. The daily average of convicts in the prison, from Noyember 30th, 1874, to November 30th, 1876, was sixty- three. The committee appointed by the Legislature at its 1ast regular session to examine into certain alleged abuses in tt ison--of cruel and Larsh tre: 4. officers in churge, at .2 cuuclusion of their investigation, resolved to refer the “testimony and proceedings to me, for such action as in my judg- ment, the case and best interests of the penitentiary demsanded. On ex amination I found .he testimony ken by the committe:, consisted largely of statements wnade by con- victs; eonflicting, and doubtless ex- aggerated; some test:fying to the most cruel and inhumsn treatrgent, while others had no knowledge of oh, but testified to good treatment sufeien' “ood. Oue portion of a0 the prisoners were doubtless infin- enced by prejudice and malice to- werds the officers, while others were moved w:th a desire to curry favor, so thatin either ease, th testimony could not be fully credited. From the Warden’s testimony, however, and from personal observation, 1 beoame satisfied that the discip'ine wag, at least too severe, and that the Warden’s Influence over the prisoners had bacome impoired. Believing the proper end to be sought with the majority of prison- ers is reformation, instead of pun- ishment, I deemed it my duty to | make a changs in the warden I thereforercmovad Ward2o Willam woodhurst, on the 24th of March, 1875, and appointed L. F. Wyman, ot York county, as his suecessor. His confirmation by the senate will be requested. The mansgement and discipline of the prison, under Me. Wyman’s wardenship has been satisfactory. The younger class of eriminals have been separated from the more vicious, and hardened, and uight sehools during the winter uave been established with excellent resulis These reforms in coanection with the “good ilime &°t,” passed at the last regular session of the legisla- ture, giving prisoners an oppurtu- nity to siorten their lerm of sen tence by good conduct, have been productive of much good. There is sufficient room in the west wing of the building for a Re- form School, which could be con- dueted by the same officers, and put 1n operation at small expense. This woufi completely separate the younger criminals from the older, and furnish better opportunities for educating and reforming them. The contract for prison labor has expired. The penitentiary being completed, some branch of industry should be estublished at the prison, for the purpose of utilizing the con- viot labor. It is absolutely essential to the good government of the prison, that the inmates be kept at hard labor for a eertain number of hours each day It will be neces- sary for you to devise some means by which this ean be done in the future, ANJUTANT GENERAL. An act of Congress requires each Thel Btate to appoint an Adjutant Gen- eral, whose duty it sliall be to dis- trioute all orders from the Com- mander-in-chief of the State to the several mulitar; organizations thereof. This office was recognized in this State by an Act approved February 15th, 1869. In 1871, how- ever, this act was repealed, and the records of the office deposited with the Hecretary of State. Without & showing of an organ- ized militia, the State’s apportion- ment of military equipments would not be is:ued by the general govern- ment. My predecessor, recognizing the importance of this fact, and the necessity of authorizing some per- son to act, appointed his Private Becretary Adjutsnt General, At iis last regular session the Leg- islature appropriated four hundred and fifty dollars per annum, to the Becretary of State, for the care and custody of the records of the Adju- tant General’s office, and I there- upon appointed him Adjutant Gen- eral. Upon the taking effect of the new Constitution, the question was raised whether his office and salary as Ad jutant General were not incompati- ole with Section 24, Article V of the Constitution. The supreme court deciaed that he was eligible to the office, and entitled to the pay. 1 would call your attention to his full and satisfactory report herswith submitted, ana recom:mend that the appropriation therein requested be granted. It will be seen by his report that there are twenty-two organized and well-armed companies of militia in the Btate, favorably situated for the protection of the frontier. Previous to 1875 there were but few militia companies in the State, and none properly prepared for ac- tive service. The outbreak of the Indian war last spring, and the consequent danger of raids by hos- tile Indians upon our extensive western and nortb western frontier, demonstrated the necessity of a thorough organization of these set- tlers into military companies for their own protection. Many of the settiers fled from their homes, some took refuge in the forts, and others left the State. I received constant appeals from them for arms and ammunrition, that they might be able to protect their homes and families. I applied to the General of the Army aad the Becretary of War for a loan of arms, until these threatening hostilities should subside. But there was no authority for granting this request. However, through the active exer- tions of these officials, and our dele- gation in Congress, a law was passed under which one thousand stand of arms could be obtained from the nearesi Government arsenal by each State exposed to raids by the In- dians. The law required the Governor of tne otate or Territory receiving arms to execute a bond to the Secretary of War, for their safe return when- ever required by the general gov- ernmeut, or payment of their value. I therefore executed & bond in the the sum of eighteen thousand dollars and received the arms and ammu- nition. Instructions were 1ssued to the Adjutat General to proceed at once to the frontier, and organize inde- pendent militia companies rs provi- ded by law; equipping them with suitable arms and ammunition; and taking therefor a joint and'separate bond from the officers and men, for the safe keeping and return of the “me when required, and for the 1 jadicious expenditure of ammuni- tion. Allof which was promptly and faithfully performed. This gave confidence to_the people; they re- tarned to their homes, and new set- tlers followed thom to the frontier. The expenses incurre for the transportation of the arms and am- munition has beeu paid trom thein- cidentsl funds of the Governor and Becretary of the State. As requested by the decretary of War, I would respectiuily ssk tiat my action in execui.. ratified by you. aibe! re | I SURANCE By tha provisions of an act en- titled ‘‘An act to provide for the care of the capitol building and other Btate property,” the Governor i¥ required to keep insured the pub- lic buildings and o'her property be- longing to the State and liable to destruction or injury by fire, The Legislature at its last regular session appropriated #10,740 to pay premiums on 1nsurance contracted by my predecessor he having issued certificates of indebtedness for that amount. Inadvertently - no appropriation was made for the payment ot ex- piring policies. Believing the law to be obligatory, I caused the renew- al of those policies that have ex- pired during my term of offize, and Lave issued evidences of indebted ness, subject to the action of the Legislature, for 5,482 75, covering the amount of premiums. It would seem proper that a suf- ficient appropriation should be made to keep the buildings and property of the dtate insured in ad vance, or modify the law on this subject. The State saves one-third of the amount of the premiums by insur- ing for three years, and in the re- newals made by me I have adopted this course, A tabular statement is suomitied herewith, exhibiting the aggregate insurance on the pub- lie property, in what companies in- sured, the amount of premium thereon, and the date of insurance and the time of expiration. The total amount of insurance is 247,550, and the premiums are 11,- 152.75. The sum nec to pay the present outstanding indebted- ness and renew the policiesexpiring during the ensuing year 1s 17,4)6.50. If it should continue to be the policy of the Btate to keep its prop- erty msured, I would ask that an appropriation for the abyve amount be made. CENSUS. As contemplated by the existing law, the census of the State is taken by the precinct assessors annually, and returned to the county clerks of their respective counties, and by them forwarded to the Secretary of State. the compilation of the census re- ports by the Secretary of State shows the ratio of increase in our popula- tion from 1855, when the first cen- sus was taken, to and including 1876, when the last enumeration was had, to be 5,635 per cent., an in- crease almost unparalleled. As appears from the census taken in the spring of 1876 the total num- ber of inhsbitants in the State was 257,749, The expense incurred in taking the census from year to year is qu te large. 1 would recommend the law be made to conform with the con- stitution, which provides for the enumeration of the inhabitants in the year 1885, and every ten years thereafter. This, with the census taken by the general government every ten years, would giye us the enumera- tion of our Biate every five years. THE SALT BPRINGS. The SBupreme Court of the United States has affirmed the decision of the Supreme Court of this State, in the case of J. Bterling Morton aganst the State of Nebraska, thereby con- firming the title of the State to the valuable Saline springs near the city of Lincoln. 1t will be necessary for you to adjast the expense incurred 1n defending tnis suit. In the year 1871, while the case was pending in the District Court, the Hon. George H Roberts, Attor- ney General, engaged the profes- sional services of the Bradford Bros., attorneys and counsellors at Iaw, of Washington, District of Columba, to assist him, under a stipulated fee. They were in the case from the be- ginning until the final adjudieation. They have reecived notiing for their services, not even the amounts advanced by them for printing their briefs, and other expenses. Itisnot for me to say whether this contract made with these gentlemen is oblig- atory on the part of the State. The have worked faithfully and are e titled to such fee as would be rea- sonable for such services. when tke case was appealed to the dupreme Court of the United Btates, my predecessor, acting upon the advice of Attornay General ‘Webster, and in view of the magni- tude of the case, and the distin- guished counsel empl yed on the other side, retained in behalf of the State, the Hon. E. R. Hoar, of Massachusetts, who ably argued the case in the SBupreme Court. He was paid five hundred dollars as a retainer fee by Governor Furnas. On the termination of the suit he rendered & bill for one thousand five hundred and thirty dollars, thirty doilars for printing and one thousand five hundred dollars for professional services, leaving a balance in his favor of one thousand and thirty doilars. In justice to these parties employ- ed by the State, I recommend an appropriation be made to pay them tor their services. The title to the Saline springs is now undisputed, and it is generally conceded by those best 1nformed upon the subject, thatif properly developed, they would become a source of revenue to the State. THE GRASSHOPPERS. This destructive insect revisited our state in the months of August and September last, contrary to sci- entific theories with respect to their habits and nature. Heretofore it was supposed by en- tomologists that this insect was gen- erated in the dry atmosphere of the table land of the Rocky Mountains; that they were not adapted to a hu- mid clima.e. and that they would not eescend to the tertile plains ex- cept in very dry seasons But the past season was very wet; vegeta. tion grew rank and luxuriant. Not- withstanding this fact,the voracious grasshopper overran a wider territo- ry than ever before. Indeed we may say they extended from the British Possessions on the north to the Guif of Mexico on the south, and much farther east into Minnesota, Tows and Missouri than in former years. Can it be doubtea with the facts before s, that the grasshopper pro- hlam heenmes something. more > J fined and | Territovies ? or that unless this in- sect is checked in its rapid procrea- tion it will in a very brief space of time, subject the whole country to devastation. To say that any por- tion of the countrv is exempt by nature from their ravages, is, in my opinion, unwarranted and disap peoved alike by history and the condition of our climate the past season. Aithough our State was not se- riously damaged by this last ineur- sion, great quantities of eges were deposited in our soil, and from these wa have reason to be appre- hensive for the safety of our coming crops. For the purpose of gaining infor- mation and exchanging views on this subject, there was hetd in Oma- ha, in the month of October last, a convention of the Governors of several western States and Territo- ries. Their proceedings have been published, and will be transmitted to your honorable body, and circu- lated among the people. CENTENNIAL EXHIBITION. As the time drew near for the opening of the national centennial and international exhibition, a gen- eral desire was expressed that Ne- braska should not go unrepresented. The legislature at 1ts last regu'ar session failed to make an appropria- tion for this purpose, believing our financial econdition at that time would not warrant the outlay. But with the return of prosperity and an abundant harvest, it was felt that a golden opportunity would be miss- ed should the rich products of our s0il be mot in some manner dis- played at Philadelphia Besides, it wus believed that we would as a State be failing in the performance of » patriotic duty in the Centen- nial year of our republic. On consu tation with the State of- ficers and many promiuent citizens from different parts of the State, and having received numerous let- ters and petiticns to the same end, I assumed the responsibility of bor- rowing trom a number of our banks, on the. credit of our State, subject to your approval, the sum of thirty- five hundred dollars I was impell- ed to this course rather than assem- ble the Legislature for the purpose of securing an appropriation, for the reason that a special session would cost the State morethan theamount to be expended. The total cost ot the display was forty-five hundred and nine dollars, for which [ hold vouehers. 1 would ask that an aporepriation for this amount be made. This outlay is small compared with the great advaniage gained in advertising the State, by the very respectable display that was made. Over sixty thousand pamphlets and reports, showing the resources and advantages of the State were distributed 1 am informed that Nebraska re- -eived the first premium on soil and apples, and mada & very crelitable showing in general fruits and grasses. Already the good results are be- ginning to appear 1n the increased mquiry concerning our Btate by capitalists, and persons seeking homes in the west. BANKS AND BANKING INSTITU- TIONS, Under the provisions of a law of Congress the comptroiler of the cur- rency is required to report annually to C'ongress the resources and liabil- ities, exhibiting the conditions of the banks, banking companies and and savings banks, organized under laws of the several States and Terri- tories. This information is obtained by the comptrolier from the re- ports made by such bauks to the legislatures or officers of the differ- ent states and territories. Tois State has been unable to give the inform- ation asked for by the comptroiler, as we have no law requiring this class af corporations to furnish offi- cial statements of .heir condition. This law of Congress seems emi- nently proper, as it affords protec- tion to all parties transacting busi- ness with banking insututions. I would therefore recommend that the law regulating corporations of this character be so amended as to require all banks, bauking com- panies, and savings banks doing business in this State to annually report under oath to the Auditor of Public Accounts on their condition, ;bowiug their resources and liabil- ties. This law should also apply to firms, and individuals engaged 1n banking. USURY. The statutes of this State provide that the party receiving any rate of mterest above that allowed by law shall forfeit all interest and pay the costs of suit. The forfeiture goes to the borrower. This appears to be simply awardiug a premium on dis- honesty. There is no reason why tue law should limit the murket value of money sny more than it should that of wheat or any other commod- ity. It has been so frequently and clearly demonstrated rcy almost every political economist, who has written on the subject, that I will 0ot attempt a lengthy discussion of the question here. Yet notwith- standing these natural laws of busi- ness and setiled rules of political economy, nearly all the States have assumed the right to affix a penalty for leaning money at a higher rate of interest than that prescribed by the laws of the several States. As the law now stands the penal- ty falls solely upon the creditor, and the temaptation tor the debtor to annul his contract is made very great. In fact it furnishes about the instance known to the law, where a person can successfully plead his own unlawfal action. If the aceeptance of usurious inter- est is a wrong that demands punish- ment, the payment thereof must likewise be a punishable offense. 1t is a joint act, and all the parties to the transaction are violators of the law. Our law, however, rewards oneof the parties and punishes the other. That this is morally wrong and mischievous in 1ts results there can be no doubt If the usury law is to remain in force, I would suggest that it be so amended as to make the forfeiture only the exesss of the lep~ rate in- steac of all interest. This would mitigate the avil ef- fects of the present law. COMMISSIONER OF PUBLIC LANDS AND BUTLTINGS. The constitution creates the office of Commissioner of Public Lnds and Buildings, and suoh an officer was chosen at the last general elec- tion. To him in & degree is committed the supervision and dispasition of the liberal land endowments for the State University and common s:hools and all other lands belong- ing to the state. The magnitude and importance of these endow ments s such that there shonld be careful and well gnarded legislation for protecting che interests of the State. Such provision should be made as will enable the commissioner to per- form the duties of his oftice contem- plated by the constitution. The cons 1tution further provides that “the Commissioner of Publie Lands and Buildings, Secretary of State Treasurer and Aftorney General shall form & board which shall have general supervision and contro! of all the buildings, grounds and iands belonging to the State, the State { | icar work in constant need of beln, performed. It isa well known hc, that the geological deposits of Ne- braska are alike remarkable for their number and variety and for the’scientific value of her fossils. The profescor of natural science m the Btate university is frequently called upon to identy fossils and mine’als and to make other geolog~ iral determinations Rdquests are frequsntly made for copies of the geological survey of the BState, which cannot be furnished except the paper published last year by Prof. Aughey on the surface geolo« ey of Nebraska. The report of the geological ree onnoissance made by Professor Havden under the direction of the General Government s published in the syme volume with the reports on the veslogy of Kansas Dakota, Colorado aud Wyoming The edi- tion containing his final report on & portion of the geology of this State made 11 187218 now exhausted, and copies are difficult to obtain. As far as they go, Professor Hay- den’s reports are ex eedingly valua« ble, as they accurately outline the boundaries of our State, but unfor- prison, Hospital for the Insane, and all other institutions thereof, except those for educational purposes, and shall perform snch duties, and be subject to such rules as may be pre scribed by law.” It will thus be seen that this board will have to perform, in ad dition to the duties of their respect ive oftices, what heretofore was re- quired of the Inspectors of the State Prison, Trustees of the Hospital for the Insane, the Blind and Deaf and Dumb Institutes. The duties im posed npon this board are impor- tant, and legislation will be required to empower it to fulfili the spirit of the Constitution 1 would urge upou you the neees- sity of such early action on this subject as your wisdom may dictate, to the end that the board may be vested with its responsibilities wich out delay. AMENDMENTS AND ENACTMENTS OF LAWS. The wise and well-settled legisla tion of a State should remain undis- turoed ; nor should laws be amend- ed or repealed for experiment’s sake. However, the adcpdon of a new Constitution will require many new enactments, as well as the repeal- ing and amending of laws now in force. I will here briefly refer to a few of the more prominent provisions of the coustitution that will require legislative action, while many oth- ers will doub!less suggest themselves to your minds. Section 22 of Article V1, of the constitution, provides that the State may sue and be sued, and the legis- lature shall provide by law in what manner and in what courts suits shall be brought.,”” This 18 an im portant provision and proper legis- lation will be necessary t> make it operative. Bection 8 of Article IX, require ‘‘that the legislature at 1ts first ses- sion shall provide a law for the funding of all outstanding warrants and other indebtedness of the Si.te atarate of interest not exceeding eight per cent. per annum.” I have previou-ly named the amount necessary to fund the outstanding 10debtedaess, and redeem the war- ran(s Issued by the otate and re- maining unpaid. Bection Nina of Article IX de- clares that “the Legslature shall proviae by law tbat ali claims upon the Treasury shall be examined and adjusted by the Auditor and ap- proved by the Secretary of State be- fore any warrant for the amount allowed shall be drawn.” This in effect it seems, makes the Secretary of State a second auditor and will require him to keep additional ree- ords and accounts, neces-itating an increase in his clerical force. An appropriation for these purposes and to enable him to fully meet the pro- visions of the law should be made. Again, the Constitution says that “the Legisiature may provide that at the general election immediately proceding the expiration of a term of a United StatesSenator from this State, the electors may by ballot express their preference for some person for the office of United States Senator. The votes cast for such candidates shall be: canvassed and returned 1n the same manuer as for mtate officers.” To make this provision effective, suitable legislation by you will be necessary. Our electoral law is defective and should have your attention. B: an act of Congress the electors for each State are required to meet and give their votes for President and Vice President of the United States upon the first Wednesday in De- eember, in the same year in which they are appointed. Our statutes provide that the votes cast for elec- tors of ihe President and Viee Pres 1dent shall be canvassed in the same manner and by the same officers as required by law in the case of elect- ing a Representative m ~ongress. The law further direets that the votes cast at any election for mem- ber of Congre:s shall pe canvassed by the Legislature in joint ses- sion. As the law now stands the electors are required to meet and give their votes for President and Vice President before the time fix- ed by the coustitution for the regu lar meeting of the Legislature. I would therelore recommend the law be 8o amended as will not re- quire a special session of the Legis- latuze to eanvass the electoral vote It frequently occurs that the Hec- retary of tate is calied upon to ver- ify the official signatures and seals of county officers. At present there is no legal method by which that officer is made aw~re who the qual- ified county offi-ers ace, consequent | ly great annoyance 1s often expe | rienced by both the State and indi- viduals. I would therefore recom- mend the enactment of a law re- quiripg ail County Clerks to report to the Secretary of State a certified list under seal of all duly elected and xuaiitied couuty officers of their respective counties. GEOLOGICAL SUAVEY. I would again dwrect your atten- tion toshe growing need of a geolog- ical survey, Thisiscalled for by the exigencies of the Stu'e, the de- mands of the people aud the geolog- tunately they ~over in detail only & sm 1l portion of our territory. A c.omprehensive geological sur- vey of the whole State embodied in volumes that may be stereotyped and furnished the public at cost is demanded. An elaborate geological survey is approaching completion in Illinois. A survey is in progress in Indiana which has added much to her wealth. lowa has already had two geological surveys, and surveys are now 1n progress in Kentucky and Missouri. Kansas is agitating the propriety of resuming her second geological survey Since rrof. Hayden’s curvey of Nebraska. there has been a marked advance in geological knowledge and the means for prosecuting such investigations. The development of our State in the way of d:lely borings, shafts, quarries and raile road cuts afford increased op- portunities for prosecu ingresearches of this nature. It is believed tha minerals might be discoveredt lands made known, soils ana yzed, water courses and supplies investigated, and information ob tained concerning our manufactur- ing capabilities that would immeas- urably overbalance the expense of such an enterprise. The probability, or at least the posssibility of finding coal in quantities sufficient to sup- ply the State with cheap fuel is alone a ‘consideration thet would justify & geological survey. Indeed the ex- perience of all State surveys yet made have developed resources that repay many times the entire cost. The reports would indicate the lo« cality of beds of peat, marl, coal and other valuable deposits; the build- ing qualities of our lime and sand- stone, determine their resistance, strength and fitness for ordinary and ornamental architecture. All States owe much to science and scientific inquiry, and in no way could our own pay her share more appropriately than by maugu- rating a geological survey. The subject is referred to you for your consideration, and to determe« ine whether in your jidgment we have developed sufficientlv to war- rant the. outlay necessary to accom= plish this important work. KEPORTS AND STATEMENTS TRANS~ MITTED. The Bieunial reports of the Sec« retary State, Auditor of Public Ac- cou::‘s, Treasurer, Superintendent of Public Instruction, Inspector of the State trison, Trustees of the Hospital for the Insane, Deaf and Dumb and Blind Institutes, Board ot Regents, Principal of dtate Nor- mal Sehool, Secretary of the Board of Immigration, and Adjutant Gen- eral are herewith transmitted for your informationand consideration. The following tabular statements are hereto appended and wmade a part of this message: Estimate of of expenditures for two years and three months, Pardon Report, Com- mutations granted, criminals releas- ed under the provisions of the “Good Time Act,” approved Febru- aro 25th, 1875, fines remitted, insur- ance on the public property, Lincoln lots gold, flve per cent. tund received from the sale of government lands, penitentiary lands remaining un- sold. CONCLUSION. You are here as the Representives ot the people of the State. There can be no extravagance in governe ment without your express sanction. The salaries ot the elective officers a e fixed py the supreme law, ex- cepting these, it will be for you to determine the expexditures deemed necessary for the rublic bonefit. There are various inter-sts that will demand your attention, and the time allotted for their consider- ation is but short. Those of a pri- vat; nature will be carefully looked after by parties interested. Those of a public character will require la- bor and caretul consideration. During the next forty days you make the financial record of the Btate for the ensuing two years. As you shape it so it will be ior that pe- riod. We have a State Government to maiutain, with a population and re sources small as compared with many other States. Having assumed the responsibili- ties of a sovereign State, you are called upon to devise and provide means necessary for the discharge of all the functions thereof, by im- posing as light a burden upon the tax-payers as the public exigencies require. 1 #ill cheerfully co-operate with you upon all maters pertaining to the pubiic weifare, and with plessure farpish al raanest sucl other informatio n _ be in Iy possession (Signed) SiL28 GARBER. g A book ot 59 pages everv advertiser should bav fore making contracts. Sent for tea cents by AlD LU RRD WeWERE 70 DOIT. Advertis ing 3 u%