The frontier. (O'Neill City, Holt County, Neb.) 1880-1965, January 21, 1897, Image 3
•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.