The Nebraska independent. (Lincoln, Nebraska) 1896-1902, January 03, 1901, Image 1

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    SY if
NO. 33.
EOY. POYfcTBTS message
S!414 fciMlltlM of tb fleaa. All
To tt f-tior and RrrrrsttiTe
of tie Tvesty-resth Session of the
legislature of Net-risk. esUeoa:
Cosplyicg whh th- jroT'ioc of the
rasstltatfcro of tr state of Nebraska.
1 fylar before yon a ua mary of lt
oprstios of tL vsriou department
of tat a ring th pt hiencluin. and
o7r for jour coiiS-rttlon tome eug-g-tlofi
a to what I cm the needa
of tt ktatf.
I dfsiie to yi;-atuite you as the
cfacswrn reprMnfttJiM of a niot proj;
raalre mr.4 icfUijtnt roctltu-ccy. It
1 a rotable S.oswr to I e-lios the
rfpre-atatire is asy capacity of a
l-opi arch a retspri the citiis&tfp
cf mr .itc Ijlrt!f many difficult
pro !:? s vHl prt-wct thenslvs for
yo'jr fcoIutJo i'non ti wfedora with
h-l yoa da! ith 'beta will de-j
p--ci. is a lire 23--asnr. the eon
tio! Adraa-rriaest and welfare of
Too rc:rh of oer Itl flit ion I built
cpo-s It ie ard ake plan a ys-t.-m
'-t ym hlp t at J I'll help
o" between i-f isKtors. Lojr-roII-tr.e
la notorU-: a a!rrot every legis
latJie hall. .M a!! the way t,p to tLe
caifc-aal hall t -xnij:re.. The lobby
eaeits endue innot-nr-. As a r-ult
of tfc te t biers we hit a nuts of 111
rcz.t.ir4 iiwa. the meaning af which
is t-cure, caicy contradictory, and
la rubrsltted to the tt cf codkU
tu tibial it.t-r-rttt,.ori. utterly fail
and Uff.m wi-l and void. We red J
fewer rather than more laws. The
led la tor who will r-jeal a large J
number of Ia bow t:ron uur law
books Lich ar" aad hate been for j
years irtt re. ssd will trip rth- i
ers of u rrhiv hich tend to j
obcure ttoHr fa-anitig. nl -lot he
them ia lasrjat o plain that the
"wajfarlcr man. Ifcocjh a elmpleton,
nd n'Ji. err therein."" nd in the '3
artratct A th f-w t,-eA-A law frame
thera so plain and direct that there
can be no ron-a for any quibbling as
to the'r n"-r ia. otiH arn fcr
thems'ls ir'?rtoril tablets from
their gr.efal fellow citir-n.
lny law fd by the lxilature
wcjS fili ft en'-rtcpt it the otrs
as4 ta?r of the etat had the
Tlrfjsity cf pr -ir:r th-tn-les
tln tb"!r drkirabihty tfore they
weE inttj i .? If esrrT law had to
r the t-t of p-tyniT appr-jvsl the
EsmW rt tatt mould t,e much
roa!ir tha it mi. and the en-fof-ei
r.t of Vfft aj'-ro-d noald le
an ejjtj tk. Pie!y partifan mcaa
fW ho-jM b unknown, and the oc
crpator. of tp lLlrlt voaH le at
an enl. I Irt.xt. !t woiid e to the
great tent cf the tate ! all arts
of the lirItl?Tre. ijt emergency
ltiltion for the mairtersn of pnl
IIc as1 lst tnio.. were ub
Cihtd to tif rattfi-ufjeu of thv jcopl-.
Ttf i-tate triirr retorts a bal- j
acre on hand at the eloe of business
NmrUr r.. !'), of f51S.01s.31. The I
!! ir-i;reltJ- of the rtate has
bn rtirir jaij r) kbsr in j
the uskirg f in 3 of f..lS3. Thin I
5u h;Id tnitsfT to the genera
fssd and auttoriz- the treasurer to j
cre:J!t acy further moneys coming in- j
to tbjt fend to th general fund. No j
furtbr let-y for the ?&Un fund baa
fen tntde. init ac-me bark tales upon
that .'"'il ill ro'Irtifl from year
to yar. Oar S-aticg lndettedn rep-r-efste.J
by atate warrants is J 1.7:7, -V
"Z- Tle a- hool fund ha Invested
fa II.1C1.7C2.12 of thi amount, whlca
has prartirally put the tate upon a
cajE3 baa! a ao far aa the purchase of
applie e4 ih ma:ntrcacre of oar
tate istit'atlon ir coarcrned. The
Ictereet arij-g from these war
rants txjr the temporary school
fund, and U !iiribatd again to thi
taxpayers through the whool fund ap
ponjkir.i;t. The tr-a$ irr very Just
ly rematka that a thorough revision
cf the rerecu Lou!d be made,
or an ??n-tit'r.rt JiuihorirSn.g a leiy
cf "t3 Hi trV.U fcr th -t.taI fund
Instead of ft re mills. ince the pres
et. Irry do-a ror -p up with the ap
pfOprtatioB. thereby fnrreaalcg. rath
er than r-datis4,. oer. Coating Indebt
edci. To my r:J:d a Just as&a
ment I much more preferable than an
incread !ry. Our present lery of
fie ill mills would be ail fuffcient
if our n.-tir.t wa what it should
1. The te educational funds are
Invested in the s?coritle designated
by the cofinftuilon to the amount of
$42ZMi.2. I Inch r finds It more
iiEruH to t -cure isrtment for the
fands In the scnrill( rjulred by the
coxtitutlon The constitution should
he acended allowing a larger acop-9
for icvetr-.ect of the Mates educa
tiosai faedf. .
I concur in the recommendation of
the traarer. reducfer the !t.rt
opca tate wsrast to three 2) per
cert, ThU ;il cnatie the treasurer
to M-ryr practically all of these war
rants for the ferhoo! fund Investment.
The preter.t ronditioa of the state's
2 ranee, at compared with even so re
cent date as four yc-ars agt. must be
a otirce m rorgratulation to the citl
ff Nbraka. Should this con
d'tioa fostinse. your h-st effcrt must
be iisd and rwr vha devise way
and mean to keep the aj pronriatloc
within the limit of the levy permitted
by law,
One ef the reot Importact duties
which you hav to perform is the
election ef two senators to represent
Nebraaka la the senate of the United
State. The of our own
state, as well m that of other states,
la times paat, recall to us the di3
mtly attecdScg this duty. The selec
tion id senators would b much sim
p!15e4. and tho choea to that high
oSce ssor repreestaUre. If the peo-
pl fceTselre choe them by direct
vote. The time of the legislature.
hk is really too short for the care
ful consideration of legislation, Is
takes up and the minds cf the mea-
tera distracted with the too often long
drawn out struggles in the election of
United States senators.
I would recommend that you mem
oriallze congress to submit a consti
tutional amendment providing for the
election of senators by direct vote of
the people. Older states hare very
keenly felt the necessity of a change
in the manner of election of United
States senators. A number of states
have passed resolutions upon this sub
ject by their legislatures. The legis
lature of the state of Pennsylvania, at
its la.t session passed the following
resolution without a dissenting vote,
legislatures have at various times
adopted memorials and resolution in
favor of election of United States sen
ators by popular vote; and,
"Whereas. The national house of
representatives has on four separate
occasions, within recent years, adopted
resolutions In favor of this proposed
change In the method of electing Unit-
ed States senators, which were not
adopted by the senate; and,
"Whereas. Article V. of the consti
tution of the United States provides
that congress, on the application of
the legislatures of two-thirds of the
several states, shall call a convention
for proposing amendments; and -believing
there is a general desire upon
the part of th citizens of the state of
Pennsylvania that the United States
senators should be elected by a direct
vote of the people; therefore, be it
"Resolved (if the senate concur)
that the legislature of the state of
Pennsylvania favors the adoption of
an amendment to the constitution
which shall provide for the election of
United States senators by popular
vote, and joins with other states of
N umber .
s 1 I
' is:
Current Expend
j itores for
1 Maintenance.
iv. si.
iW. 21.
lwc. 31. ! 4
!. ai, 4
Not. 31. ixl 4
s. :n i 4
Nov. ai. l-w 4
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61; Jh 183 ORj
' 429 18 S3;
63! 455 :j0 7i
5; 534 1 301 21!
65 114 91!
67! 5.6 111 M
69 S8 111 65!
63! 6S5;!U7 ao!
335i:229 72
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5! 3T U75 21
251 147
euj :r,if5 wl
4 St) s'157
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2m 270 3!
11 245 32
1 p9 31 i
2i)4 :2S9 fe.
176 u4 to;
21' 194 OH
37 219 9l
45 270 170 IV,
45, 270 :i2 7j
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81 339 91!
101 29 471
141 !34 71
1V5 :,m 16;
2 110 8
199 176 881
205 172 31
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54 1"8 m
50 177 34!
47 2 31
56 199 40
IVc 31, 1'92'.... ...'.! 72 '2119,
Dec 31, 1
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73 :t!W 43
69 19;
69 279 t
76 22 38
83 261 67
72 3U 56
62 926 41
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t. SI. 195
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142 20.
1.VI 195 19
154 1"!
149 11 17!
14 15 05
ICft, 209 93:
iv aa oS;
157! J0 97;
175, n m
an 169 2i
30 SO 180 55
27, 218 14 Wi
26, 214 1-M
27 270 15 39
116 tu n
19 124 i i:
19 166 l'W 5
19 156 112 03J
19, 143 8 l4i
g : s
Not. at, 196
sNot. aib 197
Not. a i. 1S-
73 159 Vii
50 1
' 119 71
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70 195 67J
i i i
1W. 31. 192
66' 129 09!
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54 1"4 40
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iUee. 31, 194
ilec. 31. lSO
!No. ai, 1S
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56 M
Not. 31. 1K.
5x 1M P
54 172 31
'.NOT. 30, IM
'Df. 31. 1921
-! 226 67
ft 211
Ie. 31. 1 4
23 22 213 32!
24 22 59
27 227 8S
27 lt 210 30
26 ISO 2:y 9
Tr. 31. l4i
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rve. Si. ly2
lc 31, 1
iee. 31. 14
t. 31, 1.4
1 12 323 17
77 213 63
76 210 43;
7h 237 56
83 224 60!
75 219 791
74 tit 72
"i25 92
ot. si. iw;
Not. 30,
iNot. a i.
(Not. SL 1v9
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65 r2" 63
ID. 31. 192!
'Dee. ."1. 13
149 46
149 47
129 46
103 19
Ti 51!
24 0
82 38
115 13,
Ic 31. lHl4i
26 325
28 au
31 318
31! 25
32i 277
;Nor. 30, 1".!
OT. S 1-7
Not. SK 19
I Not. 31 1
iNot. aa, 1.
f 114S S3 farm ea.b oa band.
Do BOt inclada ocw borpitaL
iVO 77 farm eath oa hand.
93fl SO c-j thia turn remain noaid.
t-iZl 3) Talua of farm prodoefef 00 band.
tv.& 65 farm cab on band.- -fl46
U of tbia auta remains tir paid.
ti 73 farm and pcnaicn caab oa hand.
tl tl farm eatb on hand.
$43 40 a&adjnated eialaaa not iaehidsd.
gaSl 4J onadjaetd cliims not included.
the union In respectfully requesting
that a convention be called for . the
purpose of proposing an amendment
to the constitution of the United Stat
es, as provided for In article V. of
the said constitution, which amend
ment shall provide for a change In
the present method of electing United
States senators, so that they can be
chosen In each state by a direct vote
of the people.
"Resolved, That a copy of this joint
resolution and application to congress
for the calling of a convention be sent
to the secretary of state of each of the
United States, and that a similar copy
be sent to the president of the United
States senate and the speaker of the
house of representatives."
I would earnestly recommend the
passage of like resolutions by your
honorable body.
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:
Support Derived
from Use and
Sale of Farm
Labor, Etc.
Expenses. Im
provements, Etc.
62115 97
7l)Hi5 (6
8 21
4 34
5 62
3102 69
1857 83
2633 32
2617 99
3473 '22
4733 13
4281 86
6559U 27
2 82
1305 76:
782 431
739 94
6642 49!
54040 12
62l i0 46
65626 I
1 46
1 37
13 04
4 90
6 43
8 46
6 74
13 59
70829 37
S1S 21
14 70
9394 95
98S9 41
14 67
9315 90
76955 31
6II5K9 91
26 39
18 26
12 66
10 56
19 00
20 52
25 63
31 63
' 8383 "ST"
18 54
4 61
9 (
6193 60
59325 10
61329 45
61665 79
5960 93
6182 40
5086 72
1616 53
3470 09
2175 52
7112 88
b 1391 97
4423 21
3733 90
6852 45
-.7395 26
- 8955 47
5tWT4 5
6 001
56454 10
5tia 81
3 74
11837 28lc
&5153 29
44i: 77!
4XU5 85!
42344 61 i
:t2rtl6 02i
4:194 :!
10 86
2058 56
34 19!
6 25!
21 41;
25 99 1
6766 44
4 96
3 43
1008 31!
582 59i
1221 P2i
5554 70!
1250 56
3844 93
5407 56
5 81
41:140 03i 25 04
24 13
21 55
20 42
5286 78
5820 17
46115 13: 3 Hi
46596 51 1 19!
8: 29
49 50
5684 56
27368 33'
:t2917 741
2843 39i
;t2534 80j 70 82
28496 28! 16 67
25 03
2628 50
2735 03
5586 74
4334 66
S362 34
6767 34
19 35
14729 56
28 82
3353 44
366 131
684 35
21 41
34940 (HI 1 82
35269 18; 3 39
45090 1! 24 75
d 44043 30j 28 33
11366 111
5928 20!
951 36;
8871 34'
9800 25 348 72
27 06
33 03
28 58
517 36
7735 37
6578 80
28 77
7628 07
e f
20 58
257 32
610 82
110 55
384 41
303 44
564 16! h
16 30
2 02
7 80,
6 55
21369 14
g 11178 33! 33 00
18 83
10 0'
20244 2l!....
24286 91; 31 05
2173 35
3500 00
159x8 70
2206 80
2144 78
1258 21
29435 78! SO 00!
22798 30 257 88
18686 321 23 07
7 40
6 16
512 78
468 56
811 86
627 10
21438 31 28 601
21272 78! 14 881
9 81
223-S 05 i 33 82
20333 83 77 52
:C650 46:
25605 88;
29421 6J.
2489 03;
8 82
9 22
5183 26
593 94
1 1
8 :
5 19
1170 27
133 57
2!279 lSi 91 88
27072 19 10
13782 60
16 50
778 96
153 84
27318 18;....
1 64
119 18
250 00
203 WV
27168 29i 4 86:
3:407 85! 186 53;
3196 92 66 47;
31681 86: 59 00!
29505 88
k 10381 05i
8909 oJ
1 28
5 08
803 83,1
3l:fiH 74 52 09
340U7 4:t
7970 99
9 38
16 30
10 93
8 35
1500 00
2875 44
2193 17
37460 78l 13 03!
2724 8)
1728 30
31424 (4!
34047 28; 5 31
38507 07! 101 96
4 88!
1070 54
1146 60
5 17
1108 55
22556 02
24386 44
2232 64!
16612 67
1746:t 07 ,
12856 56i
11577 36;
80:t7 71!
7 87
1000 00
2 88!
"435 13
12 89
2013 36
1799 39
14 81
"116 43 32 59l
l:K54 64 j 38 30!
2119 27
7 43
11 98
467 51
2765 88!
831 85
842 67',
12860 66
13313 02;
14tr2l 2t!
9X0 61 j
1041 79,
8954 68i
9305 36
&208 54!
12 9M
821 40
34 74
12 72
5 17
1 48
2918 30
1068 70
4 99
5 78
5 56
391 64
488 72
279 17
709 45
298 66
1511 63
22 64
1 46
1 89:
8 30!
79 49
113 60
421 33
2336 32
38 4
2102 34
19 00
1089 13
1150 53
50391 981 10 43
40126 76i
4692 47:....
13 48
2790 00
1564 59
1306 54
3682 49
:: 45
7 12
4705;t 92 46 75
42493 65 L 4 46
1056: 32
5 7
1043 58
2897 25;
4499 05i
16 33
325 30! is 11
20 64
3V72 42' a) 03;
39688 31! 29 29
36 12
31 94
16 34
5396 64
4030 84
4614 94
2343 07
41141 15 ....
p q
16334 80 102 08
7758 15 j
1,857 60!
i:4 38!
500 OOj
1 05:
80 74
158 35; 24 77
1378 04'
1403 66i
16452 .H8
156: 45;
18 3:
6 58
10 06
5 50
8 05
767 36
466 94
625 50
794 15
615 M
5 03
377 05
10 9".
1iM 6-'
15072 37
2 65
175 00
9 19
17 Wi
1096 37
4873 05
4i: 63
4i5 85
31196 17
41 52
14 95
13581 80
4738 81:
2845 47
1318 20
1821 05
982 70
12 58
3861 38
13814 45
3 90!
45 6i
2:1009 99i
8 89
4 14
6 47
70 91
22716 a
33477 29
22002 70
74)0 90
23364 51
31934 04
104 76
77 05
83 04
3 60
22931 69; tu
(I) $340 69 cash on hand,
(m) No report on file,
(n) $801 48 eah on hand.
4M1 12 cash on hand.
$2505 65 unadjusted claims not included.
$336 32 cash on hand. -
$68 10 cash on hand.
$17887 67 unpaid bills included. . -
$12121 50 due from contractors.
tu) 5S5 46 farm cash on hand.. . -()
Three months ending December 31, 1895.
bain occupied by inmates from Oct. 1, 1895.
The work done by the labor bureau
for the past biennium as shown by
the report of that department, is of
great value to the labor interests of
the state. The- compilation of labor
and industrial , statistics, the unique
way of showing by a map of the coun
ties the surplus product shipment and
the incomes to the state therefrom,
certainly affords one o the very best
means of placing Nebraska and her
resources before homef seekers. The
money expended in the work of tho
labor bureau has certainly been a
very profitable investment . for the
state. -
I commend ' to your attention the
recommendations of. the deputy labor
commissioner as embodying ideas
which' It would be wise for you to in
corporate with the duties of the de
partment. . . There . seems to have been
a disposition upon the part of former
legislatures to give this department
meagre support. His excellency,. Gov
ernor Crounse, at the close of his term
called attention to the needs of this
department with' recommendations of
either more liberal appropriation or
the abolishment of . the bureau. I
would certainly deem it 'unwise to ab
olish this department. iThe enlarge
ment of. its scope, with commensurate
means to conduct it, it seems to me,
would display much more wisdom up
on the part of your honorable body.
There are now pending in the su
preme court of our state seventeen
hundred and nine cases, and notwith
standing the best efforts of the court,
the number constantly increases rath
er than . decreases. . . If no new cases
should be filed and the court should
make the same progress, in adjudica
tion they have been abl$ to make in
the past, it would require more than
three years to clear the fiourt docket.
As a matter of fact, undr these con
ditions, the supreme court is regard
ed as the tomb in which lies buried
the hopes of litigants awtiting 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
1,285 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 .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
1",434 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
The constitution 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
witn 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 ex
ceed one-half of their time. i 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. ;
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 First
regiment, N. N. G., was taken up. In
the reorganization of this regiment
preference was given, first, to mem
bers of the First Nebraska volunteers;
second, to members of Second and
Third Nebraska volunteers, and then
to former members of he 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
When our gallant First Nebraska
regiment returned from tht Philip
pines and arrived in San Francisco, 1
determined, if possible, that Its mem
bers-should be returned to their
home.? without cost to them. I thought
this would be a fitting tribute td them,
as showing the appreciation of our
state for their bravery "and devotion
to soldrer 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 $40,342.75. Of
this $36,315.45 was required to pay
the expenses of the return of the regi
ment. Of the excess $3,971.00 was re
turned to individual donors. The list
of those who subscribed to this fund
is a part of the files of the executive
The inequalities in our revenue sys
tem must be apparent to any one who
has examined it. A general revision
of the entire law upon the subject is
necessary. Numerous attempts have
been made in the past to accomplish
such revision, but the short time oc
cupied in a legislative session, the
vast amount of work td 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, would 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.
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 thy
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.
The legislature at its last session
enacted a law known as the pure food
law, designating the governor of the
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 $3,286, 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. - --; -,
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. I 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 his recommendations.
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
cultural 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 only aid the board has received
from the state has been a biennial ap
propriation of $4,000, conditioned that
the entire amount should be used to
pay premiums at a state fair held by
the board. The board has been con
sidered a state institution under the
direction of law, and yet has been
compelled5- to improvise whatever
funds were necessary" to carry on its
work. For twelve years past the state
has given the state board of agricul
ture warrants to the amount of $24,
000, the entire amount to be used only
as premiums upon exhibits at state
fairs. During that same time the state
board has paid for the same purpose
$156,000, and for the benefit of the
state altogether over and above state
aid, the total sum of $396,275.17. It
has published statistics and reports
of great value. It has maintained each
year an exposition of the products
and industries of the state. The last
session of the legislature 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 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 the increase in payment of prem
The problem of employment for
the convicts in our state peni
tentiary js 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 the 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
furnishing empltvraent 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.
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 attendance-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 ai additional school or sch--ols
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 tho 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.
At the last - session of the legisla
ture a special bill was passed giving
the state board of health sanitary
powers to act in the presence of a
threatened epidemic, and made an ap
propriation of $1,500 to meet the ex
penses. Ths constant presence of
smallpox in the state and the num
erous calls for an expert Inspector to
order proper measures of quarantine
exhausted the appropriation some
months ago. This appropriation was
used only In the cases of smallpox.
Provisions should -be made to extend
the work. of a sanitary Inspection to
other contagious -diseases; :. such as
diphtheria, scarlet fever, etc., by In
creased appropriation, to be at the
disposal of the state board of health.
The law empowering the state board
of health to act is sufficient, but should
have an appropriation such as would
enable the board to" do effective work.
I called the attention of the last leg
islature in a special message to the
advisability of some legislation which
would authorize the settlement of
claims which the state might have
against individuals wherein disputes
had arisen. I suggested that it would
be a good business proposition should
power be conferred by the legislature
to compromise proper cases.
I would recommend to your care
ful consideration the propriety of the
adoption of a measure whereby, iu
proper cases, compromises of disputed
demands may be effected, and the state
thus permitted to exercise in its finan
cial transactions with the same pru
dence and business judgment which Is
permitted and encouraged in individ
At the request of the organizers of
this exposition I appointed 2 vice pres
idents to represent Nebraska s inter
est Since their appointment the ex
position has grown In magnitude and
importance until at this time there Is
little doubt but that it will be the larg
est ever held in America with tho
single exception of the world's Co
lumbian exposition at Chicago.
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 tho
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 tha
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 its obligations, and
the integrity of the management of
our financial affairs..
I congratulate you upon the economy
and business ability with which thrj
niihlip Institutions nf nnr Rtata havn
SU.tSV w-
been managed during the past bien
nium, as shown in the reports here
with submitted, not less upon, the ex
cellent care given the unfortunato
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 caro
of those whom misfortune make tho
wards of the state. Justice to the tax
payers requires this care to be given
in a way creating as little burden a3
may be. The requirements of both
have been; fully met during the past
biennium.': ' t - " ' - r
I trust that your duties In making
new laws and amending old ones, and
in the repeal of. those you deem detri
mental or unnecessary, may be 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 ail my
acts I have had beyond all other con
siderations the welfare and best in-,
terests of the state. For whatever 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.
Executive Chamber, Lincoln, Neb.
January 3, 1901.
Gov. Dietrich's Message
To the Senators and Representa
tives, Twenty-seventh Session of the
Legislature of Nebraska:
as your cnier executive, i nerewitn
submit for your consideration the fol
lowing recommendations:
By the constitution, as adopted in
1875, 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 $115,000 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