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About The Loup City northwestern. (Loup City, Neb.) 189?-1917 | View Entire Issue (Jan. 11, 1901)
Loup City Northwestern. VOL. XVIII. LOUP CITY. SHERMAN COUNTY. NEBRASKA. FRIDAV, JANUARY II. 1901. NUMBER 9. POTTO WORD Outgoing Executive Addresses the Nebraska Lawmakers. CONDITION Of THE STATE FINANCES. State Institution* and Common School* Carefully Cooked After. — Recom mendations .Made SuggCMl* Constitutional Convent ion. To the Senators and Representatives of the T\v< nty-seventh Session of the Legislature of Nebraska.—Gentlemen: Complying with the provisions of the constitution of the state of Nebraska, I place before you a summary of the operations of the various departments of state during the past biennium, and offer for your consideration some sug gestions as to what 1 deem the needs of the state. f desire ‘o congratulate you as the chosen representatives of a most prog ressive and intelligent constituency. It is a notable honor to bp chosen the representative in any capacity of a people such, as comprise the citizenship oi »ur state. Doubtless many difficult proolems will present themselves for yom solution. I'pon the wisdom with which you deal with them will de pend, in a large measure, the con tinued advancement and welfare of Nebraska. loo much or our legislation is duui upon the give arul ,ake plan—a sys tem "of you help me and I'll help you" between legislators. Log-roll ing i3 notorious in almost every legis lative hall, and all the way up to the national halls of congress. The lobby exerts undoe Influence. As a result of these things we have a mass of 111 conslder ;d laws, the meaning of which is obscure, many contradictory, and when submitted to the test of consti tutional interpretation, utterly fail and become null and void. We need fewer rather than more laws. The legislators who will repeal a large number of laws now upon our law hooks which are a^-' have been for years dead letters, and will strip oth ers of useless verbiage which tends to obscure their meaning, and clothe them in language so plain that the "wayfaring man, though r simpleton, ne-id not err therein,” ai d lit the en artr .-J* of the few needed laws frame them se. plain and direct that there can be no room for any quibbling as to their meaning, would earn for themselves memo nil tablets from their grateful fellow citizens. Many laws passed by the legislature would fall of enactment if the voters and taxpayers of the state had the opportunity of expressing themselves upon their desirability before they went into effect. If every law had to pass the test of popular approval the number of statutes would be much snial>er than it Is mow, and the en forcement of these approved would he an easy task. Purely partisan meas ures would he unknown, and the oc cupation of the lobbyist would be at an end. I believe it would be to the great benefit of the Kate i! all acts of the legislature, except emergency legislation for the maintenance of pub lic business and institution4-, were sub mitted to the ratification of the people. FINANCIAL. i ne state treasurer reports a Bal ance on hand at the close of business November 30. 1900, of $G15,018.34. The bonded indebtedness of the state has been entirely paid and a balance in the sinking fund of $50,165.23. This you should transfer to the general fund and authorize the treasurer to credit any further moneys coming in to that fund to the general fund. No further levy for the sinking fund has been made, but some back, taxes upon that fund will be collected from year to year. Our floating indebtedness rep resented by state warrants is $1,727, 509.72. The school fund has invested in $1,105,762.12 of this amount, which has practically put the state upon a cash basis so far as the purchase of supplies and the maintenance of our state Institutions are concerned. The interest arising from these war rants goes into the temporary school fund, and is distributed again to thv taxpayers through the school fund ap portionment. The treasurer very just ly remarks th«" a thorough revision of the revenue laws should be made, or an amendment authorizing a levy of seven (71 mills for the general fund - instead of five (5) mills, since the pres ent levy does not keep up with the ap propriations. thereby increasing, rath er than reducing, our floating indebt edness. To my mind a just assess ment is much more preferable than an increased levy. Our present levy of live (5) mills would be all sufficient If our assessment was what it should be. The state’s educational funds are invested in the securities designated by the constitution to the amount of $4,365.544.63. Each year finds it more difficult to secure investment for these funds in the securities required by the constitution The constitution should be amended allowing a larger scope for investment of the state's educa tional funds. I concur in the recommendation of the treasurer, reducing the interest upon state warants to three (3) per cert,. This will enable the treasurer to secure practically all of these war rants for the school fund investment. The present condition of the state’s finances, as compared with even so re cent date as four years ago. must be a source of congratulation to the citi zens of Nebraska. Should this con dition continue, your best efforts must be used and your wisdom devise ways and means to keep the appronriations within the limit of the levy permitted by law. ELECTION OK UNITED STATES SENATORS. One of the most important duties which you have to perform is the election of two senators to represent Nebraska In the senate of the United States. The experience of our own state, as well as that of other states, in times past, recall to us the diffi cutly attending this duty. The selec tion of senators would be much sim plified, and those chosen to that high office more representative, if the peo ple themselves chose them by direct vote. The time of the legislature, which is really too short for the care ful consideration of legislation, is taken tip and the minds of the mem bers distracted with the too often long drawn out struggles in the election of United States senators. I would recommend that you mem orialize congress to submit a consti tutional amendment providing for (lie election of senators by direct vote of the people. Older states have very keenly felt the necesslty*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 last session passed the following resolution without a dissenting vote. ‘ Whereas, A large number of stab 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 ior proposing amemuneius, nun im lieving there is a general desire upon the part of th-3 citizms of the state of Pennsylvania that the United States senators should he 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 'or the election of United States senators by popular vote, and joins with other states of the union in respectfully requesting that a convention be called for th« 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 he 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 lie sent to the president of the United States senate and the speaker of the house of representatives." 1 would earnestly recommend the passage of like resolutions by your honorable body. STATE OFFICERS AND INSTITU TIONS. The state officers and the heads of the various public institutions have presented full and exhaustive reports of the business management of the state and the needs of the departments for the next biennium. These reports show the great care and business abil ity with which the affairs of the state have been managed, and their recom mendations should receive a careful consideration from you. For your guidance in making appro priations for the next biennium for the several institutions of the state, f have had prepared and herewith sub mit a table showing Vlie exact cost of maintenance of each institution in the state for the past nine years. A careful scrutiny of this table would be a most correct guide in making fu ture appropriations. I commend this table to your careful scrutiny: THE LABOR BUREAU. The work done by the labor bureau for the past biennium as shown by the report of that department, is of great value to the labor interests of the state. The compilation of labor and industrial statistics, the unique way of showing by a map of the coun ties the surplus product shipment and the incomes to the state therefrom, certainly affords one of the very best means of placing Nebraska and her resources before home seekers. ' The money expended in the work of the labor hurrau has certainly been a very profitable investment for the state. KKLilKr r UK THE SUPKKME COl7RT. There are now pending In the su preme court of our state seventeen hundred and nine cases, and notwith standing the best efforts of the court, the number constantly increases rath er than decreases. If no new cases should be filed and the court should make the same progress in adjudica tion they have been able to make in the past, it would require more than three years to clear the couit docket. As a matter of fact, under these con ditions, the supreme court is regard ed as the tomb in which lies buried the Hopes of litigants awaiting a very indefinite resurrection. An increase in the number of judges at once sug gests Itsolt 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 189.3 created a su preme court commission, permitting the supreme judges to select three commissioners taking effect March, 1893. This was intended as a tempo ral)' relief to the court, and was to continue for the term of three years. The legislature of 1893 extended the j term an additional three years, so i that it would cease by limitation March 1899. At that time it ceased to exist, and after its six years work there were p tiding before the court 1.434 rases, oi an increase of 4!* cases, showing that with tin assistance of the commission the court, had kept almost even in its work, adjudicat ing nearlv as many cases as were filed. The eontditulinn .if the state deter mines the numbei of supreme judges, so that that number must remain as at present until the constitution shall he amended increasing the number. To my mind it seems desirable that, a constitutional amendment should he 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 he effective. I would sug gest that your honorable body em power the supreme ourt to call to its aid any number of district judges in flic stat< . not less than ten. With tills assistance the court would be enabled to clear the docket in a reasonable time. ar.d having it once clear, and with an increase the number of judges it would tie 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. Their entire time belongs to the state. I can see nothing unreasonable in ask ing that their unoccupied time be used by the state in relief of the su preme court. NEBRASKA NATIONAL OlAttU. The Nebraska national guard was wholly disorganized by the Spanish Ameriean war. When I came into office the Second Nebraska volunteer regiment, wh(cn was largely made lip of the Second Nebraska national guard, had recently been mastered out of the service of tlie* United States and was being re-organized. The re. orgamzation 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. Cl., was taken up. In the reorganization of this regiment preference was given, first, to mem bers of the First Nebraska volunteers; seeomi. to members of Second and Third Nebraska volunteers, and then to former members of the Nebraska national guard. In this way quite a large percentage of the members of the present Nebraska national guard is composed of men who saw service in the Spanish-Ameriean war. The guard as now constituted consists of two regiments of infantry, a troop of cavalry, and a battery of artillery. It is a body of men of which the state may justly feel proud. I approve of the estimate made by the adjutant general for the next biennium, and recommend appropriations according ly. RETURN OF FIRST NEBRASKA. When our gallant First Nebraska regiment returned from the Philip pines and arrived in San Francisco. 1 determined. If possible, that its mem bers should be returned to their homes without cost .o them. I thought this would be a fitting tribute to them, as showing the appreciation of our state for their bravery and devotion, to soldier duty. I first endeavored to ge( 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 hill with the audi tor as a claim against the state, to he paid by your honorable body. They refused to do vhis. I then endeavored to secure a loan from the banking in terests ot 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 tile esteem in which it was held by our people. The amounts contributed are a loan to the state of Nebraska, and provision for itr. payment should he made by you in sn early appropriation. The amount contril uted was $40,342.75. Of this $36,315.45 was required to pay the expensts of the return of the regi ment. Of the excess $3 971.00 was r° tnrneci t< individual donors. The list of these who subscribed to this fund is a pari of the files of the executive office. REVENUE AND TAXATION. The inequalities in our revenue sys tem must be apparent to any one who has examined it. A general revision of tlie entire law upon the subject Is necessary. Numerous attempts have been made In the past to accomplish such revision, biu the short time oc cupied in a legislative session, the vast amount cf work to be accom plished, and the magnitude and diffi culty of the task, have prevented its consummation. It seems to me that a competent commission authorized to procure the revenue laws of the different states in the union, and from them formulate for our state a new revenue law to he submitted for the ratification of the next scssloi* 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 he secured by the method above Indi cated than in any other way. RAILWAY REGULATION. The question of railway regulation is one that has occupied the .ittention 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. Bach succeeding legislature adjourned without any measure being passed un til 1885 when Ihc members elected al jnost entirely upon this issue made the most determined effort to redeem pre election pledges. The first maximum rate bill was prepared and strenuous efforts matte to incorporate it into the laws of our state. Tills measure met with defeat, tint a compromise meas ure was at last agreed spoil by which Nebraska had her first railway coin mission established, it was a make shift to avoid tile provisions of the constitution, and a sop thrown out to quiet the demands of tlie people. A« a member of the legislature of !88r> I voted against the measure, giving the following as my reason: I would recommend the submission to the electors an amendment to our constitution providing for the election of a railway commission. Pending the time when such amendment could be ratified by the voters of the state. I would recommend the enactment by your honorabh 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 lie done in the matter of regulation of transportation charges. PURE FOOD LAW. Tht legislature at its last session enacted a law known as the pure food law, designating the governor of tie' state, food commissioner, with author ity to appoint a deputy food commis sioner. Acting under this law I ap pointed Mr. F. H. 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 eplleetion 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 b#v the ruditor upon the ground tnat no appropriation, as provided by the con stitution. had been made by the leg islature, The rase 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 lias been much ham pered. The law is one which met witli general favor with the people and was especially appreciated and desired by the dairy interests of the state. 1 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 hern collected in fe"s and licenses b. the department the sum of $3,286. which has all been turned into the state treasury. I herewith sumbit you an itemized statement of the ’'xpenses of the department. I recommend that an appropriation be made to meet these expenses as con templated by the law itself, drawn upon the fund which fees and licenses has produced now in the state treas ury. LIVE STOCK REGULATIONS. Dining 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 he made for the protection of this industry from the ravages of contagious animal diseas es. The laws we now have are cum bersome, and if enforced with suffic ient appropriation to make them effec tive, would prove a great burden upon the taxpayers of the state. For this reason no appropriation for live stock protection was made by the last ses sion of the legislature. The law as now constituted pro vides that animals with contagious disease may be killed by the agents of the state, and the value of animals so killed paid to the owners of such animals. This would many times be the source of imposition upon the state, and even though honestly ad ministered, would entail a larger ex pense than the state could afford to pay. 1 would recommend, therefore, the repeal of the present law and the enactment of a law providing for a state veterinarian, with power to rec ommend quarantine regulations when in his Judgment occasion demanded, and directing the proper officer to en force his recommendations. STATE BOARD OF AGRICULTURE. The state board of agriculture is de serving of most liberal treatment at your hands. No one power has done more for the advancement of the agri 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 proprlation 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 compelled 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 $306,275.17. 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 b-ast 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 iums. CONVICT LABOR. The problem of employment for the convicts in our state peni tentiary is one which should receive your careful consideration. Humanity demands that these who are incarcerated In state prisons should be kepi busy Justice to lion - cst labor forbids that the work of con victs should be brought into competi tion with its effort. The contract sys tem employed In s.o 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. H» is not only taxed to support th( criminal in the peniten tiary. but must sell his labor for un rcmuneratlve prices to enable him to compete with ihe criminal labor. It seems to me it should he the pol icy of our state so far as we may he able to prevent this competition by furnishing etnpi vtaent 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 he legitimate work for convicts. STALK NORMAL SCHOOL. The largely Increased attendance at the state normal school makes it im perative that some increase in the fa cilities should be provided by you. The assembly room there has a capacity for seating five hundred. Tiie atten dance during the term last passed was far in excess of that number, with the probability of yet further increase during the present term. There lias 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 art^'Hoiial school r>r schools would create additional expense for the management of tho same. Each school would require officers and con veniences for the conduct of the busi ness of the school. These are prac tically the same for either a large or small school. To create new schools would require a duplication of these necessities, and a corresponding in crease in outlay. An increase in li brary facilities, laboratory facilities and other neefssities of a school al ready equipped would be trivial as compared with the building and equip ment of an entire new school. CONSTITUTIONAL CONVENTION. As indicated in what has gone be fore in this message there are in my opinion a number of amendments needed to our state constitution. The experience we havp had in times past with constitutional amendments has not been satisfactory, it seems to me you should make provisions for the calling of a constitutional convention to formulate for our state a constitu tion fitted to our present development, and making provision for our future growth. Should this be done many of the problems which now present them selves would be solved. Retiring from the highest office in the gift of the people of our state, I congratulate you as the chosen repre sentatives of the most progressive and best educated constituency in our country. I congratulate you upon tho splendid financial condition of our state. The past biennium has wit nessed the payment of our entire bond ed indebtedness. It has witnessed the reduction of the rate of Interest upon our floating indebtedness to 4 per cent, and our state warrants at that low rate of interest selling at a premium of 1 per cent, showing the confidence of our own people, as well as capital ists or other states in the ability of our state to pay its obligations, and the integrity of the management of our financial affairs. I congratulate you upon the economy and business ability with which the public institutions of our state have been managed during the past bien nium. as 3hown in the reports here with submitted, not less upon the ex cellent care given the unfortunate wards of the state. Our eleemosynary institutions are the equal of any sister state in the union. They reflect the progress and advanced civilization of the state. The demands of civiliza tion require the most scrupulous care of those whom misfortune make the wards of the state. Justice to the tax payers requires this care to be given in a’ way creating as little burden as may be. The requirements of both have been fully met during the past biennium. 1 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 welfahe 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 rny administration received from so many citizens of the state. In all my acts I have had beyond all other con siderations tin welfare and best in forests of the state. For whatever mis takes I may have made I ask charit able lieniency. The administration as a whole 1 submit to the honest judg ment of an intelligent people. W. A. POYNTER. Motion in Supreme Court for Rehearing on Riparian Rights. EFftCTS Of A RECENT DECISION Slat® Military Hoard Will Rerotnmend Adoption of a New 1 ode—A Count of the Ca«li in the State Treatsury—Var ious Other Matters in Nebraska. LINCOLN, Net)., .Jau. 7. A motion for rehearing has boon 11 led with tho supreme court in the suit involving the irrigation laws of the state. Four weeks ago the supreme court held to the old English common law in the matter of riparian rights and thereby undermined the irrigation of the en tire state, the only resource of owners of thousands and thousands of arid acreB in western Nebraska. Briefly stated, the court s opinion held that a property owner along the bank* of a stream has the right to uae of that water undlminlshed to - quantity and undiluted in quality, so far as property owners further down the stream are concerned. As the tap ping of streams and drawing off of water for irrigation purposes dimin ished the quantity in the stream, all attempts at irrigation would he un lawful according to this interpreta tion. Several attorneys of the western por tion of the state have interested themselves in the case because of the \ast interests involved and the wide sweeping effect of the court's announc ed decision of allowed to stand. They have united in a brief in suporpt of the motion for rehearing, and in this they argue that there is not a single precedent in Nebraska to support the court's opinion.’ Mil. Jo*. May I* Dead. FREMONT, Neb., .Jan. 7.—Mrs. Jo soph May, wife of Joseph T. May of this city, died after a long illness, aged 53 years. Her maiden name was Gately and her family were lead ers In social and business circles in northern Mississippi before the war. She married Mr. May shortly after the war and very soon after came to Fre mont. where they have since resided. Before prevented by illness she was prominent in the highest social circles of the city. Receive 830,000 Karli. PLATTS MOUTH, Neb., Jan. 7.— The Misses Ella and Anna Crocker, who resided with their uncle, L. i>. Bennett, in this city in the ’70s, but are now living with their uncle, W. F. Benentt, in Chicago, have received the cheering news that they are heirs to $50,000 each from the estate of an uncle, Benjamin Crocker, who had made a fortune of $500,000 during the early days in California Alh n Vi*tt* the Interior, SAN JUAN, P. R., Jan. C.—Governor Allen, who left San Juan Thursday to visit the towns In tlie western part of the island, returned to the capital today. He visited several places never before visited by any governor of Porto Rico. Everywhere he was most enthusiastically received. At Tares 250 mounted citizens turned out to piovide him with an escort. Tin* Cate Adviiiicetl. LINCOLN, Jan. 7.—On motion of Attorney General Smyth the supreme court advanced the case of the State of Nebraska against the Omaha Na tional trank, for hearing at the first sitting in March. The court also granted leave to file an amended peti tion and an additional transcript. Year’* Showing in Mitton. SUTTON, Jan. 7.—During the year Just closed Sutton has not been idle. At a cost of several hundred dollars the town has straightened a long bend in School creek by digging a canal 500 feet long and eleven feet deep In order to prevent the threatened inundation of a pretty public park that is very popular as a location for reunions and • celebrations. Hang* Hinmelf In Jail. PLATTSMOFTH, Neb., Jan. 7.— Charles Frelsch, an insane man about 40 years of age, committed suicide by hanging himself in the county jail here. Frelsch came here from Omaha about ten days ago, and being penniless and apparently mentally deranged, he was sent to the poor farm. He es caped from there Friday and came to the city, when he was placed in jail. A* Nebraska I.nnd Sell*. BTTRWELL, Neb., Jan. 7.—interest In real estate is becoming quite appar ent. Ix>tt Fillmore has just completed a deal whereby he gets over $4,000 for a quarter section of land that could have been purchased a short time ago for $2,500. and Wooster & Clark only recently paid $1,250 for a 40-acre tract. Allrc.pcl Kitlimpfri «t Heat BEATRICE. Nel>„ Jan. 7—The kid naping craze has struck this city. The ▼ictim is the 12-year-old stepdaughter of one Booth, who. he claims, has been abducted from his home by one Bill Bowers, a local character. The police have been unable to locate either the abductor or the adbucted, and the af fair Is likely to develop into a mild sensation.
