•GOVERNOR’S MESSAGE
/ERY LONG AND ABLE
DOCUMENT.
The Nebraska Executive Discusses State
Affairs Thoroughly and With Becoming
Dignity—Defends the State and Slakes
• Number of Recommendation* •
SECTION FOUR.
■’ ' state Normal school.
The state normal school located at Peru,
appears to be performing the work for
which it was constructed In a very satis
factory manner, and meeting the full ex
pectations of the friends of education all
■over the state. I am advised that the at
tendance of those who are preparing them
selves to become instructors In the public
schools is fully up to If not surpassing its
previous history. That the educational
work In all of its branches is being sue
■cessfuily prosecuted, U evident.
Your favorable consideration is Invited
■to the requests of the board of trustees
lor appropriations needful in conducting
the affairs of the school for the coming
'biennial period. Considerable Is asked for
in the construction of new buildings. In
view of the state’s finance and the ever
increasing burden of taxation, I am not
prepared to favor any appropriation for
nev' structures at the different state in
stitutions, except where, after a thorough
investigation, they seem to i>e absolutely
required in order that the Institution may
efficietly carry on the work for which It
was intended, and where the withholding
of such appropriations would cripple the
usefulness of such instill: .ions. _
Maximum Freight Law,
It is provided in section 4, of article 11,
the constitution, thait “railways here
tofore constructed, or that may here
after be ecus true ted in this state, are
•hereby declared public highways, and
fihall be free to aW persons for tho trans
portation of their persons and property
thereon, under such regulations as may
‘bo prescribed by law, and the legislature
•may, from time to time, pass such laws
establishing reasonable -maximum rates
of charges for the transportation of pas
sengers and frelight on the different rail
roads in this state. The liability of rail
way corporations as common carriers
“Shall never be limited.”
Section 7 provides: “The legislature
shall pass laws 'bo correct abuses and
prevent unjust discrimination and extor
tion in all charges of express, telegraph
and railroad companies In this state, and
enforce such laws by adequate penalties
to the extent, if necessary for that pur
pose, of forfeiture of their property and
franchises.”
Under the constitutional power thus
conferred, efforts 'have been made from
■tittle to time by the different legislatures
•to enact laws to establish reasonable
maximum rates and to prevent discrimi
nation and abuses to t'he patrons of such
roads. Tho legislature of 1893 enacted a
mar' un freight rate law which was ap
pro' by the governor, and thereby be
ca> one of t'he laws of tihe state. The
era ^.cement of this law was resisted by
different railway companies, and a suit
instituted to prevent the board of trans
portation from enforcing the provisions
of tho act. A trial in a federal district
court resulted adversely to -the state, and
the last legislature made suitable pro
visions for the prosecution of a writ of
error from the Judgment of the district
court to the supreme court of the United
States. It was presumed at .that time
that the case could be taken on appeal
or error to the supreme court, and there
disposed of In a short time and the valid
ity of the act in question be determined.
An argument of the case was had in tho
supreme court in the year 1895. A re
argument afterwards was ordered. This
has not yet Deep. done. For some reason,
to me unknown, a stipulation was entered
4nto between those representing the stato
and the attorneys for the railroads, post
poning a hearing on a motion to advance
the case for reargument until some time
during the present month, and It seems
■now hardly reasonable to expect a final
decision on this important question until
some* time during the spring months.
I am ur.ablo to lead myself to believe
that the delays occasioned in the final
hearing of this case are at all necessary,
but, on the contrary, am strongly Im
pressed with the conviction that the case,
being of so much public importance,
ought to ‘bavo been finally disposed of
•long ere this. It seems to me that tho
grave questions involved are of sufficient
tariportance to warrant an order of ad
vancement by the tribunal hearing the
case, and a decision at tho earliest op
portunity consistent with its proper con
sideration by those who have to pass
upon the legal questions involved. It is
to be hoped '.hat a final and speedy (hear
ing will be obtained at an early date,
and thus enable the people cf tho state
to ascertain what, if any, further or dif
ferent legislation may be required in or
der to carry cut the intention of the pro
visions of the constitution just quoted.
Until the case is finally determined, it
would seem that no-thing further in the
way cf enacting a law eetafcilishing rea
sonable maximum freight charges by the
legislature can with safety be attempted.
Board of Trnusporlatlou.
Under Che second constitutional pro
vision, the legislature has established a
'board of transportation, giving to such
board pc-wer to prevent unjust discrim
ination, and to fix reasonable rates for
the carrying of freights, and in general
ito carry- out the provisions of the act
creating such board. A board thus es
tablished, properly enforcing the law,
can serve a good purpose in preventing
unjust discrimination or exorbitant rates
for the carrying of freights by t'.ie dif
ferent railroads of the state. Its tiseful
ness depends very -much on its ability
•to enforce the laws. If the board has not
sufficient authority, as now constituted,
to fulfil the objects of its creation, the
law should be amended so as to give 1't
more extended powers. The necessity for
'the maintenance of an office charged
with t/hedutiea of enforcing all provisions
of ’the law regulating railroad traffic in
the state, Is quite obvious to all.
The people of tho state, I am satisfied,
prefer an elective railroad commias'on
rather than the commission as now cre
ated. This they arc unable to accom
plish until our fundamental law shall
■be amended providing for these addi
tional executive officers. A constitutional
amendment looking to that end was sub
mitted to the electors at the last general
election, the adoption cf which is quite
doubtful. Until such a commission can
■be provided for by constitutional amend
ment. vr.iatever relief that may be ob
tained, must be secured through a board
•of transportation or railroad commission
composed of executive officers already
created by the constitution. I am unable
to see why, If an elective commission
may be empowered to give to the people
any relief from unjust discrimination or
-overcharges, why the same powers may
not be given to a commission composed
of executive officers, as now existing un
der the constitution.
Many other states have commissions
•cither created by the constitution or
otherwise, wncse duty it is to regulate
and control railroad, 'telegraph and ex
press traffic. The work of these eom
anhsiens In many states seems to bo
very sail-factory. A study of the re
ports of these different commissions is
quite 'interesting, and securer to one
■much valuable information respecting so
important a subject.
I am cf the opinion that our board
of transportation laws may be amended
in many respects so as., to give greater
powers and more latitude In the'opera
tion of the hoard In 'the enforcement of
the law, thereby assuring a better admin
istration of ‘this Important feature of
state government. It would also seem
advisable to y ve to a board of •transpor
tation not'only the tight to control rail
road traffic, but also that of telegraph
and express companies doing business
between points within the state.
This entire matter is submitted to you
wflh the hope that. If any changes In
our present law are found to be advis
able. the subject may be legislated upon
by you so as to bring about equitable
dealings between these several corpora
tions and their patrons. While protect
ing the rights of 'the individual, every
consideration which wisdom and justice
requires should be given to the corpora
tion whose business Is thus sought to bo
regulated.
Nebraska National Guard.
The report of the adjutant-general
shows that during the past two years,
the national guard In 'this state has
made great improvement In Its kno wledge
of military duty, and that the equipment
Is sufficient, with '.he exception of a
few articles, to enable it to take the field
for active service In or out of the state.
There Is yet much to be done 'to bring
the guard up to the accepted standard
of efficiency, and that can be accom
plished only by careful, theoretical In
struction of the commissioned officers
In military science and practical Instruc
tion of the whole guard in annual en
campments. The national guardsmen are
vclunteera ready for duty whenever
emergency demands their services. By
personal application, and In a great
measure by their own expense, they are
learning the routine cf the drill, the re
quirements of military discipline and ac
quiring the mlnutla of duty.
The proper maintenance of the na
tional guard of the state requires that
to bring the services to a high state of
efficiency. 'While the law expressly pro
vides for annual encampments for instruc
tion. the appropriations have heretofore
been insufficient and only one encamp
ment had been held during each biennial
period prior to my administration. After
the encampment at Hastings in 1895, it
was found that a great saving had been
made by economical management, and
the officers of the guard in consultation
were unanimously of the opinion that
the good of the service and requirements
of law demanded the annual encamp
ment hold at Lincoln in 1896. While the
available appropriation Y:1S insufficient
the guardsmen were willing to accept
half pay and look to this session of the
legislature for the balance. The two en
campments were held at an average cost
of $14,219.87, a saving of $4,342.27 on each
encampment, as compared with the en
campment of 1894.
The Indebtedness of the guard as a re
sult of the last encampment is $5,441.94
more than there remains of funds on
hand. Several hundred dollars will be re
quired. to bear expenses until the end of
the biennial period, increasing the de
ficiency to about $6,000. A slightly in
creased appropriation over that usually
made will enable tho guard to comply
with the requirements of the law in the
matter of holding annual encampments
and keep the service in a high state or
efficiency. This would seem to me to bo
advisable. The excellent condition of tho
state’s militia is due in a great measure
to the efficient management of the ad
jutant-general, Brig.-Gen. Patrick H. Bar
ry. The guard is also indebted to Major
Edmund G. Fechet, of the Sixth cavalry
U. S. A. for valued service in instruc
tion.
Your attention is invited to the need of
a thorough revision of the militia law. It
has been found that the present law, in
many instances, does not meet the re
quirements, and also, that several of the
sections are exceedingly ambiguous. Your
attention is especially invited to section
22, which is clearly in direct violation of
the- laws of the United tSates.
There are now deposited in office of the
adjutant-general the battle flags of
First Nebraska infantry, and the flags
and guidons of the First Nebraska cav
alry, together with other very valuable'
relics of the late civil war. I would
recommend that these flags be placed in
hermetically scaled cases to preserve them
from atmospheric destruction. As these
are symbols of the heroism of Nebraska
volunteer soldiers, they should be guarded
sacredly by the state.
Labor Bureau,
The bureau cf labor and industrial sta
tistics has been greatly handicapped by
the meagre appropriations made by the
last legislature. This bureau should be
maintained and suitable appropriations
made in order to carry on the work in
tended by its creation. The gathering sta
tistics and information of the condition of
the varied forms of labor and of th*
value of its products is an important mat
ter and of great benefit to the people.
The extension of the work of this bureau
might very properly be made so that it
would bocome a means of communication
between employers and those desiring em
ployment, giving It the features of an em
ployment bureau in addition to those it
now possesses, with suitable provisions
and restrictions for the prevention of un
necessary burdens by those who avail
themselves of the opportunities thus af
forded.
It is hardly to be expected that the work
of the bureau can be brought to a higher
state of usefulness unless provisions are
made for travelling expanses in visiting
many portions of the state for the pur
pose of securing needful information and
data. Thi3 phase of the work cannot be
carried on satisfactorily by means of com
munication through the mails.
The time, also, seems to be ripe for the
making of some suitable provisions for
the gathering and dissemination of infor
mation looking to the securing of desirable
Immigration to assist in further develop
ing the many and varied resources of
tfc‘3 state. If it meets the views of the
legislature to take action for the en
couragement of immigration to the state,
I would suggest the advisability of util
izing the labor bureau. An appropriation
of a few thousand dollars a year, if
wisely and judiciously expended, would
probably accomplish much in directing
immigration to the state.
A short time ago an organization was
perfected by a large number of active and
energetic citizens of the state under the
name of the Nebraska club, the object of
which i sto encourage immigration. In
the event an appropriation for immigra
tion purposes is doomed advisable, and
you should determine it would better
be expended by some other means than
that heretofore suggested, I doubt not
that this organization could very safely
be entrusted with such expenditures, and
that the same would be made to the very
l.':st advantage, accomplishing as much
as could be expected through any o-thcr
course. The organization is already per
fected ar.d in active operation and is com
posed of men of high character who are
devoted to the upbuilding of the stats and
are well worthy of such encouragement
as would be given them by an ap*>.epil
ation of this character.
Dopnrtment of Banking?.
A banking board, composed of the state
treasurer, auditor and attorney-genera!,
l as been created by law for the purpose
of examining into and reporting at fre
quent intervals upon the financial condi
tion of the several banking institutions
of the slate, excepting those organized
under the national banking law. The wis
dom of this law and its usefulness to the
pocple of the state is quite apparent.
Under the present law when for any na
tion a bank suspends and i>s,booomes nec
essary to appoint a receiver to close u.i
its affairs, the receiver is appointed by
• he district court, to whom ho makes
reports rrom time to time concerning mat ■
tors In relation to his receivership.
I am of the opinion, and I understand
this view Is shared In by all member,* tf
•he banking board, that tho law should
be amended so that this board should ho vs
the control of the suspended Institutions
until the creditors are fully provided for,
and tliat the appointment of a receiver
and tho disposition of the assets should bo
under the control of tho board, rather
than the Courts. As the law now stands
i he board ceases to have a-ny connection
with the bank when Its doors are close*
and the matter Is entirely left wltu the
district court. I can see no reason why
the Interest of tho creditors of a bus.
rended bank may not be better cared for
by the banking board, who have more or
less knowledge regarding the Institution
prior to Its failure and who will be In
a position to close up Its affairs more
expeditiously and with less expense than
tho district court. All litigation growing
out of such suspended Institution should
come within the Jurisdiction of the dls
trlct court, where It properly belongs. It
also appears that the provisions of the
banking law are not broad enough, to In
clude loan and trust companies organized
within the state, which It seems to me
would be proper to have under the control
and supervision of this department. The
strengthening of the law for the purpose
of giving better protection to the d'>
posttors of the bank wherever possible
should be made.
State Fish Commission.
An honest effort on the part of the fish
commission to perform tbs greatest pos
sible service to the state with a small
outlay for expenses has evidently been
successful. The various streams of the
state and many public and private lakes
and ponds have been well stocked with
the best varieties of fish. Needed repairs
and Improvements, involving small ex
pense have been made at the state hatch
eries under direction of the superintend
ent. The report of the superintendent of
the state hatcherlee at South Bend Is re
plete with Interesting facts and valunblo
information. The state has about $17,000
Invested In property at the hatcheries.
The plant Is well equipped and In readi
ness to continue the work successfully.
I am of the opinion that the results at
tained by the commission justify a con
tinuation of legislative support to the ex
tent of a reasonable appropriation for
the needful expenditures In carrying on
the next biennium.
T.lvo Stock Inspection Law.
The live stock Industry of the state of
Nebraska Is and will be, so long as pres
ent conditions exist, one of the principal
branches of agricultural Industry. Recog
nizing this fact, the legislature at differ
ent times has enacted laws to prevent the
spread of contagious or Infectious diseases
and providing for the appointment of a
live stock sanitary commission, Including
a state veterinary surgeon. This law. It
seems, was found to be cumbersome and
expensive and for a numb'r of years the
legislature has failed to make any ap
propriation for the purpose of enforcing
Its provisions, thus rendering It obsolete.
During the past two years many commu
nications were received by this depart
ment from people all over the state mak
ing inquiries respecting the state veterin
ary surgeon and desiring his services for
the purpose of examination Into the con
dition of live stock supposed to hay's con
tagious or infectious diseases. To the
many requests for the services of a state
veterinary surgeon no satisfactory re
sponse could be given because of the
want of an appropriation to defray the
salary and expenses of such officer.
During the month of August last, not
withstanding the annual quarantine
proclamtion prohibiting the shipment of
cattle from certain territories where the
southern or splenic fever exists,shipments
of southern cattle affected with this dread
disease was unloaded at Germar 'wn,
Seward county, Nebraska, and placed in
a pasture in that vicinity. It was soon
discovered that tho cattle were Infected
with this disease, but not until a num
ber of native cattle had become Infected
and died. Considerable loss of native cat
tle occurred and there was much alarm
among the citizens of the vicinity gener
ally who feared a much greater loss to
the cattle Industry In that portion of
the state. I deemed this emergency to bo
of sufficient Importance to avail myself
of the provisions of the law to check the
threatened spread of this disease. A state
veterinarian was appointed, as well as
two live stock Inspectors, who at once
took charge of all cattle within 'ho terri
tory, affected and established 1 quar
antine lines, taking prompt 1 .urea to
stamp out the disease. Their eiiurts were
successful, and, since the approach of
winter, the danger Is passed. The neces
sity for this action required the cct
pendlture of a small sum of money and
the Incurring of some further obligations
In order that the work might be made
effective. An account of necessary ex
penses will be presented to your body In
a report from the state veterinarian thus
appointed and I recommianc. an appropri
ation for its payment.
Another shipment of cattle similarly
affected was unloaded later in the season
In the northwestern n«.rt nf
In order to prevent any spread of tho
disease, the sheriff of Sioux county, in
which the cattle were unloaded, wok In
structed to keep them confined In one
place and prevent them coming In con
tact with any other stock In that portion
of the country until an examination might
be made by the state veterinarian and
the spread of the disease prevented.
Some additional expense was Incurred In
connection with this matter.
These two instances emphasize the nec
essity of making provisions for the better
protection oif the live stock Interests of
the state. The law, as It stands, may be
amended so as to render Its enforcement
of comparative small expense to the peo
ple of the state, and yet be made very
effective for the purpose of preventing
the spread of contagious or Infectious dis
eases and the consequent loss of valuable
live stock. If the law could be so amend
ed as to empower a state veterinarian to
establish and enforce rigid quarantine
regulations wherever required without ths
necessity of the interposition of live stock
Inspectors, I believe much go-od could
be accomplished with but little expense.
A bill amending tho present law has
been prepared by those Interested In vet
erinary surgery In the state, the provi
sions of which largely overcome the ob
jections existing in the present law and
at the same time make ample provision
for the protection of this Important in
terest. I trust that you will be abr'e to
reach a satisfactory conclusion that will
make It possible for the proper author
ities upon all necessary occasions to
promptly prevent the spread and, rs far
as possible, eradicate these evils affecting
the live stock Interests of the state.
Tiro and Police Hoard.
icxperience and thoughtful consideration
on the part cf law-making bodies seem
to have demonstrated the wlslom of re
moving as far as possible from polltl—
Influences matters pertaining to the police
and lire departments and the regulation
and sale of Intoxicating ijqu-rs in the
larger cities of the union. Tills can lust
be done by placing in the hands of tho
chief executive or other state cUlcers tho
appointment cf the members who shall
ett-.ftltute such beards. This policy has
been adopted in our own state, and, pricr
to the last session of the legislature, th®
In this respect provided th’t the
members of the board cf lire and pol.co
commissioners should be appointed by
the governor, restricting the appointment
cf not exceeding two to anv , no poUtl at
Party, providing for a. membership of four
to be thus appointed with the mayor of
the city a member cx-ofUcio of such com
mission. The last legislature, under tho
pretense, of ccmetJns abuses alleged to
have ex's ted under the management of tho
fire ana pci ice board of the city of Oma
ha, chin Red the law then la existence
by reduotng the membership of such com
mission to three, not Including; the maycr.
and providing for the appointment of
such commission by the governor, the at
torney-general and commissioner of public
lands and buildings. I regarded this meas
ure as purely partisan, enacted' for the
purpose of taking the appointing power
from the hands of tho governor and giv
ing the controlling vote to two m«- 'Ta
belonging to the party which don ted
In the legislature. It also appeared to
me that It was unwise to exclude fr m
the tire and police board the chlof exec
utive officer of the city, and fcr these
and other considerations, I withheld ex
ecutive approval from the bill thus en
acted.
The administration of the affairs under
the provisions of the present law, and
knowledge gained since that .time respit
ing the operations of such a board, have
confirmed me in the views I then held.
I am firmly of tho opinion that the law
in existence at the tlmo of the change
was far preferable to tire present one,
and that this legislature would Improve
the fire and police administration of Oma
ha, by a re-enactment of the law exist
ing prior to the last session of the legis
lature.
Beet Sugar Uonuty.
Nebraska is essentially an agricultural
state. Her growth, prosperity and tho
Increase of wealth of her cltlsens depend
very largely on the success which, we may
be able to achieve In the many different
branches of agricultural enterprise,
i For a number of years our people have
given much consideration to the grow.ng
of beets from which to manufacture su
gar. Two great factories liavo been es
tablished within her borders for the man
ufacture of sugar from the sugar beet.
At no time since the establishment of
either of these factories, unless perhaps
In 18S1, on account of the drouth that
season, has there been any dearth In tho
production of sugar beets amplo to test
the full capacity of each of these fac
tories during the season of operation. In
fact, those operating, these factories have
been compelled each season to refuse to
contract for a large acreage of sugar
beet3 which the farmers desired to pro
duce, because of lack of capacity for
caring for them.
Experience lnu.s mr naa u e m o n* • t rat €d
that wo possess In this state the soil,
climate and all things else required to
grow this very useful plant as advan
tageously as In any other portion of the
country. That we should make the most
profitable use of these favorable condi
tions, I think we are all (In entire accord.
Tho experimental work engaged In by a
department tn the state university In
determining tho most approved method
uf sugar beet. culture, and in the dis
semination of t'he knowledge thus ob
tained, as well os tho analysis of sample
■boots sent to tlhe university for that pur
pose, have greatly assisted the practical
sugar beet grower. The helpful Interest
manifested by the university authorities
in this subject is greatly appreciated by
all friends of sugar beet culture. The
growing of sugar beets and the manu
facture of sugar therefrom In the state
may be said to have fairly pasted the
stage of experiment and Is established on
firm footing. The acreage which could
profitably be cultivated In this one crop
alone is almost unlimited In extent. The
establishment of manufactories, thereby
permitting the cultivation of much larger
acreage. 1s greatly desired, and any en
couragement which could properly be
given would meet with general approval.
The preceding session of the legisla
ture passed an act for the avowed pur
pose of encouraging the growth of sugar
beets and the manufacture of sugar
therefrom, by giving a bounty of five
eighths of 1 cent for each pound of sugar
manufactured within 'the state by fac
tories already established, and 1 cent
for each pound of sugar manufactured
by factories to be established, providing
In each distance that $5 per ton shoufld
•be paid for the beets purchased toy such
factories. The same act also provided
for a bounty for the manufacture of
■chicory from chicory 'beets.
Under a conviction of official duty, be
lieving an act cf this Character unsound
In public policy and a wrongful use of
the ipowcr of taxation, I wlth'hheld ex
ecutive approval from the "act referred
to, but it was passed and became a law
notwithstanding. Under the provisions
of this act, claims wore presented against
t'he state, properly ocrtlfled by the sec
retary of state, for sugar and chicory
manufactured during the season of 1895,
amounting to the sum of 847,690.31, and
warrants upon the state treasury were
drawn therefor, notwithstanding no ap
propriation was made by t'he legislature
for the payment of such claims. For the
season of 1896 ft Is estimated In the re
port of the secretary of state that 10,
861,700 pounds of sugar will be manu
factured, which would make claims for
sugar bounty amounting to 367,885.63.
Upon the declination of the state auditor
to issue further warrants, suit was In
stituted, which resulted In an opinion
from the supreme court adverse to the
position taken by the bounty claimants.
The result of the operation of this
■bounty act has only served to confirm
me In the views which I then enter
tained. A claim against the state aggre
gating more than $115,000 has thus been
permitted. Its liquidation seems a very
heavy burden on the already overtaxed
cltirens of the state. There has not as
yet been an additional acre cultivated in
beets or a new manufactory, with their
corresponding benefits, secured to the
state. To the claim of some that such
a bounty is for the benefit of the sugar
beet grower rather than tlhe manufac
turer, It Is proper to remark that Jus
tice to all Interests of the state would
hardly require that an Industry, which
Is admittedly remunerative, and which
thousands are anxious to engage tn as
soon as factories are established to con
sume 'What (they may produce, shall be
made more remunerative at the expense
of the vast majority of those engaged In
other branches of agriculture who re
ceive too meagre remuneration as a re
ward for their toll. What is more to be
desired than a bounty.which Its warmest
advocates admit is only a temporary ex
pedient, Is a Axed and well defined policy
of encouragement by natural means and
mutual co-operation between grower and
manufacturer, relying upon the para
mount conditions which surround us .for
the full develpoiment of this Industry.
That part of the bounty act holding
out lndu'ccmeu'ts for the establishment of
new factories, which soems to have been
unavailing, Is tnoro equitable and has
■mere foundation In justice and reason
than that which helps support an Indus
try already established at tho expense
cf others loss favored.
Boundary Commission.
By joint resolution of the legislature of
the state of South Dakota and the legis
lature of t'bi-s state, the governor of each
state was empowered to appoint three
commiss-i-crers who, acting together,
were to ascertain and hoport to the gov
ernor of each of said states prior to the
next session of the legislature a truo
and correct boundary line -between the
states of Nebraska and South Dakota,
together with a draft of a compact or
agreement »to be entered into -between the
states in settlement c-f 'the boundary
line. It appears that for a long time,
because of t'he chancing of -the channel
of the Missouri river forming -the bound
ary' line, -there 'has boon much doubt and
uncertainty respecting the dividing line
between the two states. It has led to
much confusion and difficulty' among
H/hoso residing in the vicinity of the dis
puted 'territory', and rendered uncertain
•the jurisdiction of the courts of the re
spective states, resulting -in the escape
from punlslunont of many violators of
itho law.
' In accordance wiltb the authority thus
given the governor of South Dakota com
missioned Messrs. Andrew K. Deo, E. C.
Erlcson and E. H. Van Antwerp to act on
tho part of South Dakota, end for this
state I appointed Messrs. C. J. Smyth, El
A. Pry and J. W. Edgerton. The com
missioners thus appointed met, organised
and discharged the duty imposed upon
them by such appointment. Their report
Is submitted herewith. This report Is ac
companied by a draft of a compact to be
entered into by the two executives of the
states interested when authority has been
given for that purpose by the respective
legislatures, all subject to the approval
or ratification of the United States con
gress.
Tho line Intended to mark the boundary
between the two states was unanimously
agreed upon. It would appear that the
"permaner.it establishment of the line eo
agreed upret cannot be fully accomplished
without congressional retlcn. If the re
port of the Joint commission meets your
approval and you ratify It by proper legis
lation, It would seem that a memorial to
congress praying for its ratification would
be proper.
recs of Court florks.
The clerks of the supreme and district
court are under tho present law paid far
their services by the fees of their offices
for services performed Irrespective of the
amount of such fees. This seems to to
an unsatisfactory provision of law, and
has caused more or less coenplrlr.t from
those having work to be performed In
such offices, as well as creatliug a genre
of Injustice In melting no provisions re
specting tho limit or umount of salary
which may be received by such officers.
Almost every other office known to law has
fixed and certain limits as to the Ealarles
allowed and It would seem that thesa
same general provlslc-na should extend to
tho offices named. AH fees received ought
to bo accounted for and after the reten
tion by the officer of a certain sum wb'rh
shall Ire determined as a reasonable com
pensation and fair salary for the duties
performed all over and above such amount
should be turned Into the state treasury.
Constitutional Amendaunts.
The list session of the legislature, Tby
Joint resolution, submitted twelve consti
tutional amendments to the voters of the
state for their ratification. One of the
amendments so submitted provided fer an
Increase in the number of the supreme
court Judges from throe to five. The leg
islature provided for the election of two
additional Judges contingent on the adop
tion of this constitutional amendment.
Candidates were nominated by the differ
ent parties and William Neville and John
8. Kirkpatrick were elected, contingent
on the adoption of this amendment. Tho
section of the constitution In relation to
amendments provides that they shall be
submitted at a general election at which
senators and representatives are elected
and If a majority of the electors voting
at such election udopt such amendments
the same shall become a part of the con
stitution. The legislature also provided
that the vote on the constitutional amend
ments so proposed should be canvassed
by the state canvassing board, but gave
to such board no direct authority to de
clare the result of such election or to
determine whether such amendments were
adopted.
Tlie canvassing board canvassed tho
vote and found the number of votes oust
for and against each of the proposed
constitutional amendments and also the
total number of electors voting at said
election upon all propositions and made
the qualified finding that If It took a ma
jority of all the voters voting at such
election for any purposo that said amend
ments were lost, a majority of the can
vassing beard being of the opinion that
this was the proper basts upon which to
determine the adoption of such amend
ments.
This doctrine does not appear to be sup
ported by the hotter weight of authorities
in well considered caseu, and has been
distinctly repudiated by our own supreme
court, which. In a case reported In the
17th Nebraska, construing this section of
the constitution hold that the "votes nec
essary to adopt an amendment must be a
majority of all those coat In the state
at that election for senators and represen
tatives.” This opinion was expressed by
two of the Judges, only one dissenting,
holding that the section of the constitu
tion under consideration should be con
strued to require only a majority of the
votes at such election cast upon the prop
osition for the adoption or rejection of the
amendments submitted for that purpose.
In a more recent case, reported in the
17th Nebraska, page 417, In considering a
similar question the court again repudi
ated the doctrine that the total number
of eloctcrs voting at the eleotlon was the
proper basis upon which to determine
the result on any particular proposition
and quotes approvingly the lunguage of
another court In defining the word “vote'*
to mean an expression of the choice of the
voter for or against any measure, any
law or the election of any person to of
fice.
The canvassing board was unable to as
certain tho number of votes cast for the
eleotlon of senators and representatives
and the result of the election as to the
adoption of these constitutional amend
ments, It would seem, cannot be correctly
determined without a recanvass of the
votes cast upon this proposition and an
ascertainment of the total votes cast
for senators and representatives to oom
ply with the construction given to this
section of the constitution by the supreme
court.
Attorney General’s Report.
I request your attention to the report of
the attorney-general wherein he suggests
the advisability of amending some of the
laws of the state which have come under,
•his personal observation in the conduct
of his office. An act was passed in IMS
providing that all railroads touching the
same point in this state should build and
maintain transfer switches for common
use in transferring freight in carload lots
from one such railroad to another. Hie
attorney-general reports that at the time
of entering upon the duties of his office
two cases were pending in the district
courts for the purpose of compelling the
railroads to put in transfer switches as
contemplated by this action of the stat
utes, upon the trial of these cases the law
was held to be unconstitutional and in
each case upon different grounds; that
upon appeal to the supreme court, the law
was held void, but upon still different
grounds,
“This matter,” says the attorney-gen
era!, ‘‘ought to be a subject of legislative
enactment, but great care should be ob
served in the preparation of such a meas
ure so that there could exist no constitu
tional objections to the same."
In this report, the attorney-general
recommends an amendment to cover im
perfections pointed out In section 12, of
chapter IV., of the criminal code, entitled
‘ Violence to person not resulting in
death.” He suggests amendments to sec
tion 93 In relation to Injuries to railroad
and telegraph property, and also to sec
tion 244 of the criminal code making the
robbing of a grave pf a dead body a
felony instead of a misdemeanor, as at
present.
It occurs to me that these recommenda
tions are worthy of your consideration,
and that the statutory provisions referred
to would be Improved by the amendments
suggested.
Tcnnessoo Centennial imposition.
The centennial anniversary of the admis
sion of the state of Tennessee into the
union will bo celebrated by an interna
tional exposition at Nashville from May
to November, I.S97. Realizing the import
ance of having Nebraska and Nebraska
products represented at this exposition, at
the request of the management, 1 ap
pointed the following commission to caro
f'-e the Interest^ of_our _st?,e> Messrs, J.
J. Butler, r.tncotn; Joseph Oberfelder, 8l<f—
ney; .H. D. Crawford. York; Ernst Ben
nlnghoven, Omaha; and Nick Brits, Pen
der. This commission has taken the nec
essary preliminary steps for the repre
sentation of Nebraska and an exhibit of
her products. This cannot be successfully; •
accomplished without assistance from you
by a reasonable appropriation with whlclfc
to defray the necessary expenses.
- ., } ■ -r
Trnns-Mlsalsstppl Exposition.
'During the summer and autumn of 188
Nebraska will be visited by thousands and
hundreds of thousands of citizens of other
states. The trans-Mississlppl exposition
will be held from June until November at
Omaha and will undoubtedly attract peo
ple in great numbers from every section
of the country. Various national organ
izations are arranging to hold their annual
sessions at the Nebraska metropolis in
1898 so as to aval) themselves of an oppor
tuntty of visiting the exposition while at
tending their meetings. I feel safe pre
dicting that the trans-Misslselppl exposi
tion at Omaha will be the greatest exposi
tion of the products of the great west ever
hold. '
This project had Is origin more than at
year ago at the Omaha session of the
trans-Mlsslsslppl congress. Prominent meu
of that city promptly formed an associa
tion with a capital stock of 81,000,000, of
which more than 8400,000 has been sub
scribed. The first assessment upon this
stock has been paid and the affairs af tho
association are In good financial condi
tion. Tho organizers and promoters an
men of business ability, Integrity and good
financial standing; the organization ia
strong and the capital adequate. Congress
recognized the Importance of the exposi
tion by an appropriation of 1200,000, which
it Is expected will be Increased to half a
million. The legislature of our sister stata .
of Iowa has made a preliminary appro
priation of $10,000, and, the Iowa friend*
of the enterprise predict an additional ap
proprlatlon of $65,000 at the next session.
The legislature of Utah and Louisiana;
have passed resolutions pledging the sup
port of their states to the exposition and
liberal appropriations are expected front
all the states and territories in the trana
MISslsslppl country.
This exposition will unquestionably ac
complish great good In bringing together
the varied Interests of the west and serv*
to cement the alreadjr' friendly relation*
existing between the western people. It
will do for the west what the Atlanta
exposition has done for the south, but In .
a larger degree. Naturally Nebraska will
profit largely by having this great expo
sition held on her soil. Interested visitor*
will learn of the great opportunities our
state offers for Investment and Immigra
tion.
You will be called upon by the manage
ment of the trans-MlsslasIppI association
to make an appropriation to aid the enter
prise. and I trust that the financial as
sistance given 'by you will be liberal and
BUfliient. so that sur sister states and ter
ritories west of the Mississippi may b*
thereby enaouraged to lend their eubatan
tlal aid. •
Conclusion. ’*
I extend to you In conclusion my hearty
co-operation and l>eat support In every
effort you may make to advance the In
terests of Nebraska and the welfare of
our 'fellow cltlxens. I hope your stay in
the capital city may be pleasant and that,
having diligently attended to the affairs
which call you here, you may return to
your homes with the satisfaction of havlnr
faithfully performed your duty as repre
sentatives of a free people.
(Signed) SILAS A. HOLCOMB. '
Executive Chamber, Lincoln, Neb., Jan.
7. 1897.
hPAPA FLEUTELOT," MISER.
A French Millionaire Who Begged la the
Street and Died In Filth. |
A miser of the story-book type
died a few weeks ago in Auxorre,
France. Although he never had wife
or children he was known to all per
sons In the city as "Papa Fleutelof*
He had been a publio figure for a
generation and could be seen daily.
In storm or sunshine, tottering in his
rags through the streets to gather
odd bits of coal and wood and cigar
stumpa When he began his work
in the city there were the usual ru
mors that he was rich and miserly,
but they were soon dispelled by the
abject filth and want in whloh ha
lived and by his importunity in beg
ging.
Papa Fleutolot died in his eighty
fifth year, and was buried in the pot
tor’s field. The French police, who
suspect everything, still suspected
the old man’s pretenses of poverty.!
Respite the rcoent snlfting of publio!
opinion, and they searched the hut
In which he had lived ai)d died.!
Filth was ankle deep upstairs and'
knee deep in the cellar. The first;
search was rewarded only with the'
discovery of 400 bottles of Bordeaux
vintage of 1790. The second search,
however, revealed a hole in the oel-i
lar wall behind a pile of indescriba
ble dirt From this hole the police]
dragged a chest, and in the chest;
they found the treasure. From top'
to bottom it was stuffed full of mort
gages, government bonds, shares iu
stock companies, and title deeds. All
showed the keenness of Papa Fleute
lot in investing his savings, for
without exception tho securities wero
of the highest class. . Tnelr face val
ue was 1,000,000 francs, but as mauy
of the bonds and stocks aro above'
par they can bo sold for a much
larger sum.
r or more than eleven years the old
man had neglected to clip his cou
pons. He had let them accumulate
until they represented a market val
ue of 140. WO francs.
Among the many pieces of real
sstate whose ownership was revealed:
by tbo contents of the chest is a
large tract of land near Villeneuve-’
sur-Yonne. On this land thore are
400 acres of fine forest and several
Duildings of ancient indestructible
make. It had been more than forty
years since anybody at Villeneuve
knew who owned the estate. When
Papa Fleutelot died in his hove!, but
twenty eentiraos, or less than five
cents, was his total cash capital. As
was expected, the usual number of
heirs have appeared since the old
man’s body was uuriod in the potter’s
field. They affect to believe that
still more treasure is concealed in,
the hut, and they aro taking it down
piece by picco. in the hope of enrich
ing themselves.
Oklahoma “Sooncrs? BhIiir Ejected.
1’kkky, Olt., .Tan. S.—Officers are
ejecting today “sooners"’ holding
claims on the lines of the Ponca, Otoe
and Missouri and Osage Indian reser
vations in accordance with a decision
of Secretary I). 11. Francis in which he
reversed ex-Secretary Smith. It' i%
feared much trouble will result.
