i t r I 1 I i i is id i M vu I i J A T7 t POYNTERS WORD Outgoing Executive Addresses the Nebraska Lawmakers COKDITIOIi Of THE STATE FINANCES State Institutions and Common Schools Carefully Looked After mendations Made Suggests t i Constitutional Convention To the Senators and Representatives of the Twenty seventh Session of the Legislature of Nebraska Gentlemen Complying with the provisions of the constitution of the state of Nebraska I place before you a summary of the operations of the various departments of state during the past biennium and offer for your consideration some sug gestions as to what I deem the needs of the state V Too much of our legislation is built ZS upon the give and take plan a flTTl nf vnil Tialr rrtrk nnA Tll Vinln H you between legislators Log-rolling is notorious in almost every legis lative hall and all the way up to the national halls of congress The lobby exerts undue influence As a result of these things we have a moss of ill considered laws the meaning of which is obscure many contradictory and when submitted to the test of r i P0111 interpretation utterly fail lyepcnd become null and void We need fewer rather than more laws The legislators who will repeal a large 4 number of laws now upon our law jf books which arc and have been for j years dead letters and will strip oth f ers of useless verbiage which tends to obscure their meaning and clothe i them in language so plain that the Jjj wayfaring man though a simpleton V need not err therein and in the en- actment of the few needed laws frame Jji them so plain and direct that there f can be no room for any quibbling as V to their meaning would arn for themselves memorial tablets from their grateful fellow citizens Many laws passed by the legislature would fail of enactment if the voters p and taxpayers of the state had the j opportunity of expressing themselves t upon their desirability before they i -went into effect If every law had to j pass the test of popular approval the f number of statutes would be much 5 smaller than it is now and the en i forcement of these approved would be an easy task Purely partisan nres would be unknown and the 1 cupation of the lobbyist would be at an end I believe it vould be to the I great benefit of the state if all acts A of the legislature except emergency legislation for the maintenance of pub- lie business and institution were sub- i mitted to the ratification of tbe people J FINANCIAL The state treasurer reports a bal- A ance on hand at the close of business November 30 1900 of 61501834 The bonded indebtedness of the state has been entirely paid and a balance in the sinking fund of 5616523 This you should transfer to the general fund and authorize the treasurer to credit any further moneys coming in to that fund to the general fund No further levy for the sinking fund has been made but some back taxes upon that fund will be collected from year to year Our floating indebtedness rep resented by state warrants is 1727 50972 The school fund has invested in 116576212 of this amount which has practically put the state upon a cash basis so far as the purchase of supplies and the maintenance of our state institutions are concerned The interest arising from these war rants goes into the temporary school fund and is distributed again to tin taxpayers through the school fund ap portionment The treasurer very just- ly remarks that a thorough revision of the revenue laws should be made or an amendment authorizing a levy of seven 7 mills for the general fund instead of five 5 mills since the pres ent levy does not keep up with the ap propriations thereby increasing rath er than reducing our floating indebt edness To my mind a just assess ment is much more preferable than an increased levy Our present levy of five 5 mills would be all sufficient if our assessment was what it should be The states educational funds are invested in the securities designated by the constitution to the amount of 436554463 Each year finds it more difficult to secure investment for these funds in the securities required by the constitution The constitution should be amended allowing a larger scope for investment of the states educa tional funds I concur in the recommendation of the treasurer reducing the interest upon state warants to three 3 per cent This will enable the treasurer to secure practically all of these war rants for the school fund investment The present condition of the states finances as compared with even so re cent date as four years ago must be a source of congratulation to the citi zens of Nebraska Should this con dition continue your best efforts must be used and your wisdom devise ways and means to keep the appropriations -within the limit of the levy permitted by law ELECTION OF UNITED STATES SENATORS One of the most important duties which you have to perform is the election of two senators to represent Nebraska in the senate of the JJnited States The experience of our own state as well as that of other states In times past recall to us the diffl cutly attending this duty The selec tion of senators would be much sim plified and those chosen to that high office more representative if the peo ple themselves chose them by direct vote The time of the legislature which is really too short for the care ful consideration of legislation is taken up and the minds of the mem bers distracted with the too often long drawn out struggles in the election of United States senators I would recommend that you mem orialize congress to submit a consti tutional amendment providing for the election of senators by direct vote of the people Older states have very keenly felt the necessity of a change in the manner of election of United State3 senators A number of states have passed resolutions upon this sub ject by their legislatures STATE OFFICERS AND INSTITU TIONS The state officers and the heads of the various public Institutions have presented full and exhaustive reports of the business management of the state and the needs of the departments for the next biennium These reports show the great care and business abil ity with which the affairs of the state have been managed and their recom mendations should receive a careful consideration from you For your guidance in making appro priations for the next biennium for the several institutions of the state I have had prepared and herewith sub mit a table showing the exact cost of maintenance of each institution in the state for the past nine years A careful scrutiny of this table -would be a most correct guide in making fu ture appropriations I commend this table to your careful scrutiny THE LABOR BUREAU The work done by the labor bureau for the past biennium as shown by the report of that department is of great value to the labor interests of the state The compilation of labor and industrial statistics the unique way of showing by a map of the coun ties the surplus product shipment and the incomes to the state therefrom certainly affords one of the very best means of placing Nebraska and her resources before home seekers The money expended in the work of the labor bureau has certainly been a very profitable investment for the state RELIEF FOR THE SUPREME COURT There are now pending in the su preme court of our state seventeen hundred and nine cases and notwith standing the best efforts of the court the number constantly increases rath er than decreases If no new cases should be filed and the court should make the same progress in adjudica tion they have been able to make in the past it would require more than three years to clear the court docket As a matter of fact under these con ditions the supreme court is regard ed as the tomb in which lies buried the hopes of litigants awaiting a very indefinite resurrection An increase in the number of judges at once sug gests itself as the most rational way with which to meet this difficulty No one can dispute that an early deter mination of honest litigation is de sirable If the number of judges were increased the work of the court could be brought forward and litigants could have their suits disposed of promptly The condition which now exists is not new As far back as 1893 there were 1285 cases pending The legislature of 1893 created a su preme court commission permitting the supreme judges to select three commissioners taking effect March 1893 This was intended as a tempo rary relief to the court and was to continue for the term of three years The legislature of 1895 extended the term an additional three years so that it would cease by limitation March 1899 At that time it ceased to exist and after its six years work there were pending before the court 1434 cases or an increase of 49 cases showing that with the assistance of the commission the court had kept almost even in its work adjudicat ing nearly as many cases as were filed The consiitution of the state deter mines the number of supreme judges so that that number must remain as at present until the constitution shall be amended increasing the number To my mind it seems desirable that a constitutional amendment should be submitted to the electors increasing the number of supreme judges to at least five Pending the time however when such amendment shall have been adopted and be effective I would sug gest that your honorable body em power the supreme court to call to its aid any number of district judges in the state not less than ten With this assistance the court would be enabled to clear the docket in a reasonable time and having it once clear and with an increase the number of judges it would be enabled to keep it so At present many of the district judges in the state are not occupied to exceed- one half of their time Their entire time belongs to the state I can see nothing unreasonable in ask ing that their unoccupied time be used by the state in relief of the su preme court NEBRASKA NATIONAL GUARD The Nebraska national guard was wholly disorganized by the Spanish American war When I came into office the Second Nebraska volunteer regiment which was largely made up of the Second Nebraska national guard had recently been mustered out of the service of the United States and was being re organized The re organization was continued under my administration as rapidly as possible When the First Nebraska volunteers most of the members of which had formerly belonged to the National guard returned from the Philippines and were mustered out of the service of the United States immediately the work of reorganization of the Firsr regiment N N G was taken up In the reorganization of this regiment preference was given first to mem bers iOf the First Nebraska volunteers second to members of Second and Third Nebraska volunteers and then to former members of the Nebraska national guard In this way quite a large percentage of the members of the present Nebraska national guard is composed of men who saw service in the Spanish American war The guard as now constituted consists of two regiments of Infantry a troop of cavalry and a battery of artillery It is a body of men of which the state may justly feel proud I approve of the estimate made by the adjutant general for the next biennium and recommend appropriations according ly RETURN OF FIRST NEBRASKA When our gallant First Nebraska regiment returned from the Philip pines and arrived in San Francisco 1 determined if possible that its mem bers should be returned to their homes without cost to them I thought this would be a fitting tribute to them as showing the appreciation of our state for their bravery and devotion to soldier duty I first endeavored to get special rates from the railway lines This I was utterly unable to do I then endeavored to get the rail way companies to bring the regiment home and file their bill with the audi tor as a claim against the state to be paid by your honorable body They refused to do this I then endeavored to secure a loan from the banking in terests of the state Failing in this I appealed to the generous patriotic peo ple of Nebraska to advance sufficient funds The appeal met with loyal re sponse More than enough was sent in and the regiment received a wel come befitting the esteem in which It was held by our people The amounts contributed are a loan to the state of Nebraska and provision for its payment should be made by you in an early appropriation The amount contributed was 4034275 Of this 3631545 was required to nay the expenses of the return of the regi ment Of the excess 397100 was re turned to individual donors The list of those who subscribed to this fund is a part of the files of the executive office REVENUE AND TAXATION The inequalities in our revenue sys tem must be apparent to any one who has examined it A general revision of tho entire law upon the subject is necessary Numerous attempts have been made in the past to accomplish such revision buz the short time oc cupied in a legislative session the vast amount of work to be accom plished and the magnitude and diffi culty of the task have prevented its consummation It seems to me that a competent commission authorized to procure the revenue laws of the different states in the union and from them formulate for our state a new revenue law to be submitted for the ratification of the next session of the legislature vould procure for us a revenue law which would be just and equitable This seems a long time to await a revision of our revenue sys tem but past experience has shown us the great difficulty attending the task and it seems to me a more care ful and satisfactory revision could be secured by the method above indi cated than in any other way RAILWAY REGULATION The question of railway regulation is one that has occupied the attention of the legislators in our state probably more than any other As early as 1876 this was a prominent issue upon which members of the legislature were elect ed The people demanded relief from what they thought oppressive rates of freight and passenger tariff Each succeeding legislature adjourned without any measure being passed un til 1885 when the members elected al most entirely upon this issue made the most determined effort to redeem pre election pledges The first maximum rate bill was prepared and strenuous efforts made to incorporate it into the laws of our state This measure met with defeat but a compromise meas ure was at last agreed upon by which Nebraska had her first railway com mission established It was a make shift to avoid the provisions of the constitution and a sop thrown out to quiet the demands of the people As a member of the legislature of 1885 I voted against the measure giving the following as my reason I would recommend the submission to the electors an amendment to our constitution providing for the election of a railway commission Pending the time when such amendment could be ratified by the voters of the state I would recommend the enactment by your honorable body of a maximum rate upon the commodities in carload lots such as salt coal grain live stock and lumber It seems to me at this time that these two measures are all that can be done in the matter of regulation of transportation charges PURE FOOD LAW The legislature at its last session enacted a law known as the pure food law designating the governor of tho state food commissioner with author ity to appoint a deputy food commis sioner Acting under this law I ap pointed Mr F B Hibbard of Irving ton deputy food commissioner who proceeded to organize the department and enforce the provisions of the act The law provided for the collection of fees and licenses from certain lines of business and the expenses of the de partment to be paid out of such col lection When the salary vouchers of the deputy and clerk of the department were presented they were refused by the auditor upon the ground that no appropriation as provided by the con stitution had been made by the leg islature The case having been sub mitted to the supreme court that tribunal decided that the legislature had failed to make specific appropria tion consequently the salaries could not be paid As a result the work of the department has been much ham pered The law is one which met with general favor with the people and was especially appreciated and desired by the dairy interests of the state I would recommend an increase in the scope of the present law extend ing to the suppression of the manufac ture and sale of all kinds of adulter ated food products within the state There has been collected in fees and licenses by the department the sum of 3286 which has all been turned into the statf treasury I herewith sumbit you an itemized statement of the expenses of the department I recommend that an appropriation be made to meet these expenses as con templated by the law itself drawn upon the fund which fees and licenses has produced now in the state treas ury LIVE STOCK REGULATIONS During my term of office there have been numerous calls upon this depart ment relative to the suppression and control of contagious diseases among live stock That the live stock indus try is of paramount importance in the state all will admit and it seems to me but good business judgment that adequate laws should be made for the protection of this industry from the ravages of contagious animal diseas es The laws we now have are cum bersome and if enforced with suffic ient appropriation to make them effec tive would prove a great burden upon the taxpayers of the state For this reason no appropriation for live stock protection was made by the last ses sion of the legislature The law as now constituted pro vides that animals with contagious disease may be killed by the agents of the state and the value of animals so killed paid to the owners of such animals This would many times be the source of imposition upon the state and even though honestly ad ministered would entail a larger ex pense than the state could afford to pay -1 would recommend therefore the repeal of the present law and the enactment of a law providing for a state veterinarian with power to rec ommend quarantine regulations when in his judgment occasion demanded and directing the proper officer to en force bis recommendations STATE BOARD OF AGRICULTURE The state board of agriculture is de serving of most liberal treatment at your hands No one power has done more for the advancement of the agri arultural interests of the state The work the board has done in advertis ing the state and thereby inducing immigration has been of great value The last legislative session established a permanent home for the board at the Capital City I would therefore recommend that the state provide suitable grounds and buildings for state fair purposes and annual appropriation sufficient to at least pay i the expenses for the main tenance of the state board thereby al lowing the revenue arising from the annual state fairs to be used for the collection of statistics and informa tion and the distribution of the same and tbe increase in payment of prem iums CONVICT LABOR The problem of employment for the convicts in our state peni tentiary is one which should receive your careful consideration Humanity demands that these who are incarcerated in state prisons should be kept busy Justice to hon est labor forbids that the work of con victs should be brought into competi tion with its effort The contract sys tem employed in so many states wher eby prison made goods are thrown upon the market in direct competition with the goods of free labor is mani festly unjust and unfair to tbe honest workman He is not only taxed to support tho criminal in the peniten tiary but must sell his labor for un remunerative prices to enable him to compete with the criminal labor It seems to me it should be the pol icy of our state so far as we may be able to prevent this competition by fMrnishinu empl viaent to convicts which in no way interferes with hon est labor The manufacture of goods needed by the state for the wards of the state in our various eleemosynary institutions would be legitimate work for convicts STATE NORMAL SCHOOL The largely increased attendance at the state normal school makes it im perative that some increase in the fa cilities should be provided by you The assembly room there has a capacity for seating five hundred The atten dance during the term last passed was far in excess of that number with the probability of yet further increase during the present term There has been constantly recurring before each legislature for a number of years past the question of building additional normal schools in the state I need not point out to you that the creation of a l ariiiional school or schools would create additional expense for the management of the same Each school would require officers and con veniences for the conduct of the busi ness of the school These are prac tically the same for either a large or small school To create new schools would require a duplication of these necessities and a corresponding in crease in outlay An increase in li brary facilities laboratory facilities and other necessities of a school al ready equipped would be trivial as compared with the building and equip ment of an entire new school CONSTITUTIONAL CONVENTION As indicated in what has gone be fore in this message there are in my opinion a number of amendments needed to our state constitution The experience we have had in times past with constitutional amendments has not been satisfactory It seems to me you should make provisions for the calling of a constitutional convention to formulate for our state a constitu tion fitted to our present development and making provision for our future growth Should this be done many of the problems which now present them selves would be solved Retiring from the highest office in the gift of the people of our state I congratulate you as the chosen repre sentatives of the most progressive and best educated constituency in our country I congratulate you upon the splendid financial condition of our state The past biennium has wit nessed the payment of our entire bond ed indebtedness It has witnessed the reduction of the rate of interest upon our floating indebtedness to 4 per cent and our state warrants at that low rate of interest -selling at a premium of 1 per cent showing the confidence of our own people as well as capital ists or other states in the ability of our state to pay it3 obligations and the integrity of the management of our financial affairs I congratulate you upon the economy and business ability with which the public institutions of our state have been managed during the past bien nium as shown in the reports here with submitted not less upon the ex cellent care given the unfortunate wards of the state Our eleemosynary institutions are the equal of any sister state in the union They reflect the progress and advanced civilization of the state The demands of civiliza tion require the most scrupulous care of those whom misfortune make the wards of the state Justice to the tax payers requires- this care to be given in a way creating as little burden as may be The requirements of both have been fully met during the past biennium I trust that your duties in making new laws and amending old ones and In the repeal of those you deem detrimental- or unnecessary may b pleas ant and all your work for the good of the people and the advancement of the welfare of our state I wish to return my sincere thanks to the people of Nebraska for the con fidence they reposed in me and the uniform courtesy always shown me and the many kind and complimentary words and letters commendatory of my administration received from so many citizens of the state In all my acts I have had beyond all other con siderations the welfare and best in terests of the state For wnatever mis takes I may have made I ask charit able lieniency The administration as a whole I submit to the honest judg ment of an intelligent people W A POYNTER Governor Executive Chamber Lincoln Neb January 3 1901 C IKOMMENDATIONS New Governor Speaks to New Legislature MESSAGE SHORT AND BUSINESS LIKE Greets Members Heartily and Expresses His Recommendations as to What Will be Best for the State In the Way of Legislation To the Senators and Representa tives Twenty seventh Session of the Legislature of Nebraska As your chief executive I herewith submit for your consideration the fol lowing recommendations By the constitution as adopted in 1375 provision was made for six judges of the district court which number the legislature in the exer cise of its constitutional authority has increased to twenty eight at a cost to the state of about 115000 per an num It is generally conceded by members of the legal profession that a material reduction in the number of district judges can be made without affecting the adjudicating capacity or the efficiency of the judicial branch of the government There are nearly one thousand seven hundred cases ready for trial before the supreme court and it is estimated that it will require about eight years before any new action can be prose cuted to judgment It is well known that persons aiming at the adjudica tion of equitable claims are being made the prey of unscrupulous and ir responsible contestants by reason of the delay incident to the congested condition of the supreme court docket thus entailing unnecessary hardship and loss upon legitimate claimants at the same time discouraging invest ment of capital and making it diffi cult for the honest borrower to obtain loans This is an abuse of justice which impairs the credit of both the state and the individual and which neither the state nor the individual can afford to license Innumerable case3 now pending before the supreme and district courts would be dismissed if a speedy trial could be had and knowledge of the fact would no doubt greatly restrain litigants in the fu ture I therefore recommend with a view to temporary relief that an act be passed empowering the su premo court to appoint referees whose duty it shall be to assist said court and whose tenure of office shall be for the immediate biennium I also recommend the submission to the voters of the state of a proposi tion to so amend the constitution as to empower the legislature under proper restrictions to provide for such an increase in the number of judges of the supreme court as shall insure per manent relief The laws of Nebraska need amend ment in many essential particulars and should be codified I recommend the creation of a commission of suit able persons learned in the law to submit for the consideration of the next legislature a codification of our laws and suggestions of changes where necessary and to also prepare a revenue measure providing for an equitable taxation of all property throughout tho state Section 26 of article 5 of the consti tution should be so amended that the legislature shall have authority to create a state board of control for the management of our state institutions and I therefore recommend the sub mission of an amendment of that pur port to the people without unneces sary delay Your attention is directed to the pan American exposition which is to be held at -Buffalo N Y this year A reasonable appropriation to be used for advertising the resources of our state will meet with my approval Nebraska should be properly repre sented at the exposition to be held in St Louis in 1903 and a liberal ap propriation should be made for that purpose Your attention is hereby directed to the inadequacy of the law applying to the crimes of kidnapping and child stealing I would recommend that the law be so amended as to make kid napping or child stealing a felony punishable by imprisonment In the penitentiary for a period of not less than five nor more than thirty years that the age limit be removed and that the unlawful or forcible holding in captivity of any person at a place other than the natural or lawful do micile or abode of said person shall constitute a crime of kidnapping I also recommend that an appropriation be made to be placed at the disposal of the chief executive of the state for use by him in apprehending such criminals or repressing this sort of crime The state has several cases pending in the courts against sureties on offi cial bonds The prosecution of these cases has been attended with great expense and has continued for several years In the interim some of the sureties have- died many have be come insolvent and the chances for ultimate recovery on the bonds seem to be growing less It is the excep tion and not the rule that personal bonds have been satisfactory Private corporations deem it for their interest to buy surety company bonds for their employes Our present - State treasurer finds it impossible to fur nish a satisfactory personal bond without subjecting himself to terms and conditions which have proven to be annoying and disastrous to others who have held the same position and he has been obliged as was his pre decessor to purchase a surety bond at a cost incommensurate with his sal ary I submit that the law should permit corporate surety bonds to be given in all cases where bond is re quired and should provide that any public officer may be compelled to fur nish a corporate surety bond the cost thereof to be defrayed by the state or municipality for whose benefit such bond is required The game song and other insectiv orous birds are the property of the state and are being ruthlessly slaught ered I therefore recommend that the laws for the protection of these birds A 7 be so revised as to prohibit tholr ex- - portation from the state and to pro vide for a state game warden whoso duty it shall be to see that violators of the law are duly prosecuted Tho executive mansion should be either sold or an appropriation made for Its proper maintenance It should be cared for as any other publlcprop erty Another matter to which your at tention is called is the boundary line between the states of Nebraska and Iowa The original intention un doubtedly was that the center of the channel of the Missouri river should form the boundary line between these two states Owing however to changes in the river bed the channel In many places has been so changed that Nebraska territory lies east of the said river Iowa territory lies west of the river while in some instances the question of jurisdiction Is in doubt and dispute This state of affairs leads to a condition of lawlessness especially in the disputed territory which should not exist It Is recom mended that a boundary commission be provided for by joint resolution of the two houses to act with a like com mission from our sister state of Iowa that shall have power with the con sent of the federal government to es tablish a permanent boundary line be tween the two states Your attention will be called to the advisability of establishing a state cir culating or so called travelling library which in other states has proven to be a great success The century just closed has been Im mortalized for all ages to come by the gallant achievements on land and sea of the American soldier and ma rine and by the patriotic sacrifices of our American women Let us then in this the first year of a new century show our appreciation of their deeds of valor and love for country and hu manity by appropriating a liberal sum of money to erect a fitting monument to the memory of our heroic dead Committees should be appointed at once to visit our various state insti tutions with instructions to make an early report of their needs so that the legislature may have ample opportun ity to act intelligently in the matter of appropriations In conclusion I wish to state that every act of yours or mine should be governed by that same honesty of purpose and business tact and care as though our state and her institu tions were our own personal belong- ings Sierned CHARLES H DIETRICH j A Novel Petition A correspondent of a southern paper writes of an odd petition It was drawn up in the year 1734 by 16 young women of South Carolina and was addressed to the governor The petition stated that whereas the widows of the colony captured all the matrimonial prizes his excellencys pe titioners did humbly pray that all bachelors should be prohibited from marrying widows from that time forth Water Supply for Tamplco English engineers are making sur reys and plans of Tamplco and the surrounding country with a view of supplying the town with drinking wa ter and a complete system of sewer age Should these works be carried out there will be an excellent opening for the sale of plumbing supplies At present there is no plumbing estab lishment in the port Baled Mexico Tvrenty Fonr Years When the presid tial term closed on Nov 30 General Porflrio Diaz had controlled the affairs of the Mexican republic for a period of twenty-four years and under his wise ben eficent and energetic rule he has seen Mexico rise from a condition of indus trial commercial ana political prostra tion and disturbance to a position which places it in an eminent niche among nations of the world Electric Fire Engines Economical The chief fire engineer of the New Orleans La department has figured out that the relative running cost as between a three horse hitch engine of the first clas3 and an electric power engine is 60 a month for the former and 27 for the same period for the latter These figures show a clear gain of 33 per month and 400 per annum in round figures for the electric power ensdne Heir to Italian Throne It must be confessed that the new heir to the Italian throne is quite as interesting as the new occupant of that throne and his chances of becom ing king of Italy are good The duke is a cousin of King Emmanuel III He is the father of two sons whereas the new king who was married four years ago has no children While the king is frail and dislikes physical exertion the duke is devoted to sport and is one of the best horsemen in Italy Milk Attracts Disease Germs Place a jug of milk near fish for a few hours and there will be a fishy flavor about it In this same way that milk Is susceptible to odors so it at tracts disease germs diphtheria tp phoid fever etc are often contracted In this manner This is not always dua to carelessness for these bacilli are in the very air we breathe Tho only true safeguard when contagious disease Is about to sterilize the milk Corn Stubble Cats Throat L T Davis a farmer living near West Union W Va had his throat cut by a corn stubble and almost bled to death before assistance reached him While hauling fodder he fell from his wagon his throat striking the sharp pointed stubble A tearing gash was the result Within 800 Mllen of role Dr G E Borchgrevink has made a great advance into the colder and more perilous Antarctic regions carry ing the line of exploration to vrithik 800 miles of the south pole A