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About Nebraska advertiser. (Brownville, Nemaha County, N.T. [Neb.]) 1856-1882 | View Entire Issue (Jan. 16, 1873)
15H r:Ztt&iPz?m,r?H,r.r3r.':tiii2LXj.i.'z a f HE ADVERTISER Oifh&ii Taper of City, County, aud the United States. i i II ,v u 1 y ij J P f I I i K 4 THURSDAY, JANUARY 10, 1S73. COLLECTIOX LAWS. We noticed in the Omalui Republi can, several days ago, a well -written editorial commenting upon our pres ent coUcctionl'laws, and concluding that thov serve the best iuterests of the people. We percicve that the writer has fallen in w.ith the"popular fallacy that.stay and exemption laws cannot be io liberal in favor of the debtor, and coming from a journal so popular, we deprecate the influence it riy have. The purpose of exemp tions is to protect the family of a debtor from absolute want. By the common law'the debtor was allowed only the necessary wearing apparel, and if he had two gowns one jnighl be sold; and the common law has been deemed the "perfection of reas on." Contrast the prodigal liberality of our statutes which allow 1G0 acres of land and all that can be placed up on it hi the way of fixtures. "When we remember that the exemption laws are a special grace, as it were, to the needy, relieving them from the payment of honest debts aud render ing nugatory, practically, the most solemn obligations, WO should be anxious to reduce the present provis ion to narrower And more- rational limits. The chief objection to the stay of execution is thati t tends to fetter the free circulation of currency. Any one familiar with the principles of political economy knows what a com paratively small amount of the circu lating medium is essential to the com mercial transactionss of a single com munity. The stay of execution on a single judgment for a year may dis appoint a score of successive creditors, eacli of which is relying upon the one immediately indebted to him. Twen ty aro inconvenienced that one may have his convenience. What, then, are the proximate evils resultant upon too great liberality in our collection laws, in favor of debt ors. It prevents the influx of capital Into the State by destroying the cred it of our people generally. It ren ders the poor man in the samo man ner, more truly helpless thau he would be without any such legislation in his favor. Its tendency is to en courage dishonesty in dealing, rascal ity in evading the requirements of law, and a wanton disregard of the solemn obligations, legal and moral, of an express contract. Capital is what Nebraska ne&ds, and it will come if those who control it can but be assured that they are not placing it out of their reach when investing it in Nebraska securities. We sincerely hope that our present Legislature will take some action in this direction, and feel assured that its constituency would approve such changes as wo have suggested. EDITORIAL, CORRESPONDENCE. Lincpln, Neb., Jan. 10, 1S72. As we sc-f4 ourself to write this Fri day afternoon but very littltkbusuisss has been done by our legislators, save organizing the.two houses, indeed, as yet the several working cornmit tees have not been appointed. The selection of presiding officer in Senate and House, were exceedingly happy and well timed. Senator Gwyer, of Douglas, President of the Senate, is an old citizen of Omaha, and has had considerable legislative experience. Representative Sessions, Speaker of the House, has not resided long in this State, but in Wisconsin, from wheno ho came, lie had the repntatiou of an able parliamentarian and eloquent defender of the princi ples of the Republican party. Maj. D. H. Wheeler, as Secretary of the Senate, reflects the good judgmont of of the Senate which gavo him their unanimous vote for the position. Gov. Furnas has been the Hon o-fthe day here, ail seeming to vie with each other in extending to him congratu lations and courtesies. To-day on en tering the Senate Chamber, his ap pearance was hailed with satisfaction and unfeigned pleasure by all, and by a unanimous vote he was invited to take a seat within the bar of the Sen ate. Last night the Third House was or ganized with Collins, of Pawnee, in the chair as Speaker, and with Gen. Thayer as Page. To-night, permanent organization will be ef fected. Fun was plenty lat night, and it is expected that the session this evening will be still more hilarious. On Monday evening Gov. Furnas is to be banqueted at the residence of Hon. T. P. Kennard. Being honored witli an invitation to be present, we shall certainly avail ourself of the honor. The Message of Gov. James has just been read ihrough his Private Secretary, Geo. W. Whitehead. It 13 an able document, was listened to with wrapt attention by the members of either house and a gallery throng ed by ladies and gentlemen. On Monday next Gov. Furnas will be inaugurated and deliver his Mes sage, which we shall send to the Ad vertiser so soon as it is delivered. FINANCES. An. encouraging condition of the State finnnces is exhibited by the re port of the treasurer. There remained in the State Treas ury, at the date of the last official re port, January 18th, 1871, $37,547,0S ; 'receipts to December 31st, 1S72, $1, 183.074,27; total $1,228,021,35. Dis bursments, $1,022,233,70; balances in in the treasury to the credit of the several funds, $198,287,0.5. The complete report of the treasurer will give you full information, and I commend to your careful considera tlun t.m recommendations of that oi ficer on this important subject. FIVE PER CENT. FUND. The accounts of the State on ac- f count of the sates of the public land, have been adjusted up to the alst of December, 1871, and the sum found to be due the State at that time, amount ing to $78,377, 12, lias been received and deposited in the treasury. UNIVERSITY. The State University, standing as it does at the head of our educational institutions in the State, should re ceive your fostering care, and elicit a careful inquiry as to what legislation may he neoessory to increase its use fulness and extend its influence in di recting our educational interests. A commendable zeal has been man- all State officers under their oaths of office, and no chanjiel should beopen ed thorough a luw officer of t,Ue State to slvA tlje odium of responsibilities of oSJbcial blunders or misconduct. I therefore recommend thaj the act ap proved February 10, 1869, creating the office, be repealed, and that the office be abolished. ADJUTANT GENERAL. By an act approved November 17th, 1871, the office of adjutent general was abolished, without devolving the duties or that officer upon any other officer of the State. The book, files, and papers were placed in the custody of the Secretary of State, but no pow ers were conferred upon that officer except those that belonged to him as such" custodian. I would respectfully caII your at tention to an act of Congress, ap proved may 9, 1872, section Gof which provides "That there shall be an ad jutant general appointed in each State." It will be seen by reference to the act referred to that it is the duty of the State to establish and keep this office. I wrould therefore recommend that the governor be authorized and required by hv to appoint an adju tant general. EMIGRATION. The importance of this subject will f ifested in the management and direc-?llot fail to attract your attention, and CREDIT 3IOD1LIER. During the recent campaign accu sations of corruption against Con gressmen and Senators, involving also the good name of Vice President Col fax and Senator Wilson, Vice Presi dent elect, as having received stock of the Union Pacific Railroad in con sideration of sorvioes rendered in so curing legislation favorable to that corporation. These accusations have attracted so much attention and pro voked so much scandal, that among the earliest transactions of the pres ent Congress was the appointment of nn Investigating Committee to ex plore the matter. This committee ha? boen sitting during its investiga tion with closed doors, and no dis closures are yet made public. The House, however, by resolution on the 7th inst., provided for open sessions of tlio committee thereafter, so we shall have the proceedings from day to day. The Credit Mobilier was a compan3' connected in some manner with the Union Pacific Railroad. Its origin, character, and connection with the said Railroad Company, and whether and in what manner Congressmen or other officers of the United States are interested therein, is the subject of the inquiry whi&h the committee Is making. The Uni'ed States advanced all the money after the first "section" of the road was built, and then it passed through the hands of the Credit Mo bilier, into the hands of the Pacific Railroad Company. In other words, the Credit Mobilier was a ring formed for the purpose of "sweating" the money. It is supposed, too, that Mr. Oakes Ames went to Washington for wio purpose oi neiping the sclicme along, and that to influence Congress men, sold them stock on which, it was understood, an enormous divi dend was about to be declared for a price which would have been fair enough if there had been no dividend coming, but the dividend made the whole transaction t gift instead of a sale. Wo can afford to await further de velopments before expressingau opin ion as to the truth of this hypothesis. Until we have some positive proof of the guilt of the distinguished indi viduals said to be implicated, we should not lesson our faith in them. but if shown to have been corruptly implicated in the Credit Mobilier transaction, we should advocate prompt political execution in every instance. DEATH OF EX-EMPEROR NAPO LEON BONAPARTE. The poet wrote of the Great Napo leon : "If tliou limlst died as honor dies, Pome new Napoleon might arise, To shame the world again Rut who would .soar tlo K&lar height To tjet In such a htarless night?" But fifteen yeurs had elapsed after his death when Louis Napoleon, his nephew, relying upon the power of the name he bore, and animated by the same daring ambition and revo lutionary spirit which characterized his uncle, attempted to excite a revo lution, under such circumstances that his attempt was counted as a freak of folly or insanity. But fickle for tune in its own time brought the opportune moment in which the as tute and ambitious Louis Napoleon discovered the road to fame and pow er, and daringly but successfully vaulted to an Emperor's throne, nis reign was one of the most marked in the history of France, not for con quests, but for a measure of quiet and prosperity never before enjoyed. The star of his greatness as a safe and peaceful ruler of a restless, adventur ous and enthusiastic people, reached that "solar height" attained by the First Napoleon as a chivalric but san guinary military chieftain. But as a general, his rapid succession of disas ters, of which the loss of his empire was the climax, lias been the wonder ment of the world. His abdication lias been as complete, his exile as ob scure and his death as singularly re nownless as that of him who died at St. Helena. There is a strange coin cidence in the successes and reverses of these two men. The Empress Eugenie, whose ac complishments, beauty and favored station made her the dictator of the fashionable world, wears a faded crown. Whether the political existence of the family is now extinct or whether the whirligig of fortune will raise an other Bonaparte, illustrious as his predecessors, to preside over the des tinies of France, the future must reveal. Hon. G. R. Shook, Senator from Nemaha county, is the only member of the Icai, Legislature that has been returned. It is a striking commen tary upon the disapprobation of the people, of ths imbecile and knavish efforts of the last Legislature, and should be a reminder to the members of the present that they are the serv ants of the people whose will, they must strive to exccqto or suffer politir cal execution. PROCEEDINGS OP THE LEGI3LA TURE. Thursday, Jan. 9. Both houses organized this after noon. The senate elected ing officers: W. A. Gwyer, presi dent: D. H. Wheeler, secretary: T, S. Estell, assistant; Mr. Barrett, of Columbus, engrossing Clerk; Major Caflrey, enrolling clerk ; Wildham, sergeant-at-arms ; E. L. Hine, door keeper; D. R. Dungan, chaplain. The lower house elected the follow ing: M. H. Sessions, speaker; J W. Etter, chief elf rk ; E. S. Chad wick, assistant; J. F. Zediker, en grossing clerk; U. B. Balcombe, en rolling clerk: Dave Stevenson, sr-r- v , . . f geant-at-arms; J. Gordin, assistant; M. Gowen, doorkeeper; O. F. Conger chaplain. After organization both houses ad journed till 10 a. m. to-morrow, when the governor will deliver his message. Friday, Jan. 10. The message of Gov. James was submitted to-day. The following is the message: GOVERNOR'S MESSAGE. Gentlemen of the Senate cuul House of Representatives of tho State of Ne braska .' While performing the duties which devolve upon me under tho Constitu tion, oi communicating witn vou at tion or its alluirs by the hoard ot re gents aud the faculty, which could not but result beneficially, and the in stitution has prospered beyond the expectations of its most sanguine friends. It can scarcely fail, under the influence of friendly and enlight ened legislation, to repay in benefits to the body politic any expenses in curred in its maintenance. It would seem proper and desirable that some more perfect and desirable communication be established be tween the faculty and the board of re gents, in order that the latter may be more immediately connected with those having under their immediate charge the several departments of study, and thus have more directly what, in the judgment of the faculty, may be tue wants and conditions ot the several departments. I would recommend that the dean of the fac ulty be made a member of the board of regents, with the right to speak only. A full report of all the proceedings of the board of regents, together with other documents relating to the insti tution, will be laid before you. PENITENTIARY. The report of the inspector of the State prison, which will be laid be fore you at an early day, shows that that their efforts in advancing the in terests of this institution have been attended with success, and much progress has been made in the con struction of the new building. The insufficient facilities for utilizing the labor of convicts which has heretofore existed, in consequence of the incom plete aud unsuitable condition of the work-shops for labor in inclement weather, has very materially detract ed from the amounts which would have been received from this source of revenue. As the work on the new building advances many difficulties and expenses are removed, while in creased facilities for applying the la bor of convicts are added, and good grounds exist for tho hope that, in the future, a much larger proportion of the expenses of this institution will be met from the proceeds of con vict labor than heretofore. Estimates of the amounts necessary to a successful prosecution of the work on the new building, together with the necessary expenses for 1873 and 1874, are embraced in the report of the inspector, and to which, for informa tion on this subject, I call your attention. I feel constrained in this connection to commend the humane and reform atory measures adopted by Warden Campbell in the management of the convicts under his charge. The ob jects of persons in civilized communi ties is the pioteetion of society against the crimes of malefactors, either by depriving them of their liberties, or by their reformation ; and prison dis cipline and management, like civil ized law, should be removed, as far as passible, from all ideas of a vindic tive punishment of those who become the subjects for the operation of crim iual justice. This, now, has been carried out in the management of the State convicts, and has resulted most satisfactorily. LIRRARY. The growing importance of the State library will justify an inquiry into what legislation, if an,', may be necessary to increase its usefulness by securing its wise and careful manage ment. It is believed that its present management, under a divided official responsibility, is not calculated to in sure its highest efficiency. The room allotted to the library is insufficient in capacity to admit of a proper arrange ment of books under the existimr laws, and I would therefore commend that the entiro librarv. exc&nt the laws, journals, &c, lie placed in charge of the librarian of trie law di vision, witli sufficient compensation to justify him in devoting the time and attention necessary for its proper supervision and custody, and upon which must largely depeud its useful ness, i would further recommend that the Secretary of State be vested with the care and custody of all laws, journals, reports, and other rinted matter of thh State, and that he be the follow- I""""-" wiiii asuiiame room m tije capuoi ouiimng, seperate and apart irom me nurary room, lor that pur pose ; and that he be relieved from all duties which now devolve upon him as librarian, except in the matter of the distribution of the house journals, Ac, to the several counties. In this connection I feel constrained to again urge upon the attention of the legisla ture tho importance of some provis ion for supplying the statutes of the State. It is now impossible to obtain from the usual sources of supply or from any other source the revenue statute or the session laws of lSGTand 1S69. This want, which is pressing, it is hoped may be met by a prompt pub lication of a revision of our law. The total inability of the citizens of some oi our new counties to obtain from any source the laws which they are expected to obey operates as a serious inconvenience, and prompt measures should be adopted to remedy the evils which rebiilt from this state of affairs. hsuch measures as your wisdom shall suggest, having for their object the development of our vast resources by the encouragement of immigration within our borders, should meet with your careful consideration. Our in terests in this direction, it is believed, can be9t be subserved by encouraging the reservation of the public lands by the general government for the use of actual settlers, and by Tilscouraglng all sales and grants of every kind for other purposes. The wisdom of this policy is but partially illustrated by the henefioial influences of the homestead and pre emption acts, under the provisions of which our borders aie rapidly being filled with an industrious, enterpri sing and intelligent people. While it is hoped that the general government may be induced to adopt the policy indicated, and while it is believed that such a course would ac complish more beneficial results to the State than could any measure in o.ur own behalf, it is nevertheless of the utmost importance that we should di rect public attention to the induce ments which are presented in our State to the emigrant by wise provis ion for the encouragement of emigra tion. The benefits which have ac crued to the State through the efforts of the State Board of Immigration, with but a limited appropriation at their disposal, sufficiently attest the importance of this sulject, and the propriety and wisdom of making ad ditional provisions for this purpose. Before dismissing this subject, T would do violence to my feelings did I fail to acknowledge the obligations which I feel we owe as a people to the B. & M. R. R. and the Union Pacific R. R., for their material aid in advan cing this important interest. NOTARIES PUBLIC. In many of the counties the num ber of notaries public, as at present limited by law, has been reached, and many apj licatlons for appoint ment to this office, for this reason, have to be refused. I am unable to discover any good reason for thus limiting the appointments, aud there fore recommend that all limitation of numbers be removed. this unfortunate class under the cir cumstances hi which, they are placed. I recommend the aubject to your consideration, and earnestly hope that your wisdom may devise some means for their relief that will meet the demands of our people. Inasmuch as it is impracticable to apply the rule that prevails in older established communities, I would sug gest that an asylum be provided by the State where this unfortunate class may be kept, at the expense of thp counties from which they are receiv ed, or at the expense of the parents and guardians of the parents. PARDONS. In the exercise of the powerconfer red upon the executive in the matter of granting pardons, commutations and rymUtals, grave doubts and ques tions ' have presented themselves, whether this power can be exercised upon any fixed rule or principal with out promoting crime, weakeniug the administration of justice, and impair ing the supremacy of the law. The management of this most deli cate trust has been attended with uora vexatious embarrassments and dimcuities man any suoject wun-u has been presented for executive ac tion, and I have looked for guidance to those most familiar with the ad ministration of criminal justice; those who, by reason of their associa tion with the trial of the criminal, were most familiar with the circum stances attending the trial and con viction, and were therefore best qual ified tojudge of the merits of the ap plication, and who, by reason of their position, would be least likely to be moved by considerations lacking the elements" which should prompt exec utive clemency, and have in addition required, in ever- instance, a certifi cate of good behaviour while in pris on. I have endeavored to avoid the dan gers of the indulgence of feelings of kindness and compassion, aud to ex ercise the power under the direction ot an approving conscience, and in accordance with the theories of civil ized law. DISBURSEMENT OP PUBLIC4 310NEY. ation relative thereto. My predeces sor has placed before you the reports of the heads of the several depart ments, together with his message, embracing such information and rec ommendations as the constitution re quires, 3nd as is customary attliecon- vBKog of the Legislative Assembly. To those reports your attention has already bteu called. It is neverthe less expected, and but proper, tlmt in. entering upon, gubernatorial duties the incomiug officer should indicate at least the outlines of policy recom mended, or to be followed during his administration. The only fixed-poli-cy I now have, will be to administer the affairs of State to the best inter ests of the people, and see that the en actments of the law-making power are faithfully executed. While elect ed by one of the political organiza tions of the day, on presentation Qf principles peculiar thereto, my duty now is to the whole people, regardless of political associations or geographi cal localities. While there are honest differences. as to political opinions, principles and affiliations, the gov ernment itself being of the people, should be for the people, and admin istered upon corresponding princi ples. Our surroundings and the circum stances under which we act are quite different in many respects from those of the older aud more established States. Here we are laying more tle inundations, than otherwise. fo.r those who are to come after us. The con stantly growing and diversified wants of an intelligentandenterprisingpeo- ple are to be considered aud Iegislateu THE EXEMPTIONS The several laws now in our statute I -VUA. i I.-. t r ..:.. k.. I nrmnl nmnm manna fr ?,.. uuuks eAeiijpiiug ir.im uiatiuuu, j j r---- --" 7;""-"' iope Mft ..uic.raw, tuueiuiy and iurf ninnslv mnnorrofl ThnU-.i;. J"Ui- dangerous A croachment and pernicious en- upon the provisions of the constitution, in relation to the dis bursement of public money, has ex isted in the past, growing out of the authority of certain laws enacted an terior to the adoption of the constitu tion, and also out of the loose manner which has prevailed in the making of appropriations. Section thirty of the legislative artiolo of the constitution The week of prayer-was observed iabi, ncuh in mis city wim marKed m-1 rcat. The attendance was irood. thp rticipation general and the result nay nope an increase of, rejjgiou the opening of your session, permit me to congratulate you, as the repre sentative of the people, upon the pros perity which has attended the history of our State in the two years past, and to assure you of my entire confidence in your ability to meet the expecta tions of your constituents in discharg ing the duties devolving upon 3-011. Fiesh from the body of the people, you could not fail to become sensible of and familiar with their wants, the cieiects in existing laws, and the mod ATTORNEY GENERAL. The office of attorney general is un known to the constitution, and exists only under and by virtue of legisla tive enactment. The pay, as estab lished by Jaw, is not commensurate with the skill and experience which should be brought into requisition in the management of the grave and important questions which are liable to arise in the administration of af fairs of the State; nor do the duties which devolve upon the officers seem to justify the conclusion that the sala ry or expenses of the office should be increased. It is believed that ordina O contingencies may be met as they arise, by the employment of counsel, with as much safety to the public in terests, and at less expense to the State, than by continuing the pay ment 01 a salaried officer, together uu me expenses of the the office. It may be Uecessarv nf timpu in nmcnrp itications necessary to meet the wants legal advice and assistance, but when growing out of a rapid increase in this contingency shall arie, wise and population,, wealth, and developing mature sources bf information should resources: and I'shall urge upon your iiuuce out jew suojecis to winch mv attention has-been called in tho im mediate discharge of my. offlpial. duties. besought, but nothing should inter vene to chance the responsibilities which devolve upon an officer in the discharge of a public trusr. eflieial nw'jonslbiUty- should be assumed by I INSANE. An entire change in the laws in re lation to the insane is imperatively demanded, not only for the protection of the public interests, but for the purpose of furthering the objects for which an asylum is established, by extending the benefits of this charity of the State to a most unfortunate: class of our fellow citizens. Under existing laws, through the promptings of interest or through ig norance of the true relations of coun ty aud State, the expenses attending the care of the insane are enormously increased beyond the amounts for which the State should become liable. At present the State pays not only every expense attending the Care of the patient after admission, but the expenses of the arrest, examination and transportation to theasylum, and the accounts for these expenses are paid upon the allowance of an officer who can have no knowledge of the expenses necessarily incurred in the examination, and who could have but a remote interest in a close scrutiny into the justness of the amounts charged, and cmild not, from a want of knowledge of details, exercise a wise supervision over this class of ex penses. It is not in contemplation in the laws which have grown out of expe rience in the older States, that the State should bear all of the burdens of this class of charities, nor is it just that there should be provided at the public expense a home for the paupers and imbeciles of the counties, who for want of inclination or a proper provision for their care, desire to shift the responsibility and expense from the county to the State. All expenses attending the prelim inary examination and delivery at the asylum, together with at least one suit of suitable clothing, to be pre scribed by the superintendent, and a reasonable amount fur board, should be borne by the county from which the patient is removed, the Stale pay ing only its officers and employees, together with the immediate expens es of maintaining the institution, leaving the counties to collect from the estates of guardians of persons not in indigent circumstances thy amounts due by reason of expenses incurred, instead of compelling the State to recover, by suit, an amount due from a citizen in a community, when the interest of the citizen in the success of the State is so remote that prosecutions are embarrassed and col lections doubtful. The erection of an asylum for the insane, under the provisions of an act passe J for that purpose, approved January 0, 1871, has been pushed for ward with commendable energy by the commissioners named in the act, and a building has been completed under their supervision, which is alike creditable to them and the State. JNo provisions have been made for heating and furnishing the same. I regret being compelled to state that the unfortunate inmates of this insti tution are necessarily kept in the tem porary building erected for that pur pose, which is scarcely adequate for their accommodation., and in which it is much more difficult mid expensive to keep them comfortable. Measures should be adopted to prepare the new building fur occupanc3 "3 soon as pos sible. For a statement in d'etajl of this institution, together with some wise suggestions in relation to lays for its government, I respeetfulli re fer you to the able report of the Su perintendent, which will be laid be fore, you. IDIOTS AND IMBECILES. In the imperfect organization, inci dent to the formation of new com munities, many requisites to a just and perfect government are omitted, and though the omissions are una voidable, great wrongs are frequently visited upon the citizens and society in consequence jhereof, when we consider the absen.ee, in nearly all the counties of the State, of infirma ries, and of all provisions for that purpose. The care and custody of our idiots and imbeciles becomes a subject of painful importance, and one that should elicit careful inquiry as to the duties of the State in dealing with provides that "!No money shall be drawn from the treasury, except in pursuance of a specified appropriation by law, and no appropriation shall be made for a longer period than two .years." You will be able readily to. call to mind certain statutes under which large sums are annually disbursed, in which a general, but no specific au thority, is conferred for the expenses necessarily incurred in carrying out their provisions. I refer you as an ex ample to chapter twenty-six, revised statutes, entitled "Insane," and to chapter twenty-two, civil code, enti tled "Fugitives from Justice." While it is true that public money should be touched with tiie most scru pulous consciousness of authority, it is equally true that the executive of ficers of the State should not be uiged to a stietch of legal or constitutional authority by reason of insufficient provisions to meet any demands oh the State growing out of the proper administration of the laws. A viola sion of law, growing out of a public want, may furnish a precedent under which a private need may be met, and I feel that I cannot too strongly urge upon your attention the impc7rt ance of a careful examination into the wants of the State government, and the making of such "specific ap propriations" as will remove all mor al necessity or excuse for the exercise of doubtful and dangerous authority. If any doubts should exist as to the wisdom of the constitutional provis ion referred to, none can be entertain ed as to the propriety of a strict ad herence to its forms and requirements and it is hoped that specific and am ple appropriations may be made to meet the ordinary aud contingent wants of the State government, with out a resort to practices which are dangerous in their tendencies. CAPITAL AND USURY. Money, the basis of all commercial transactions, and upon which com mercial prosperity must depend, is governed by rules applicable to all commodities, and can be made cheap only by increasing the supply, and all laws having for their object an in crease of capital and low rates of in terest, which contravene or reverse the laws of trade and commerce, and have no reference to the law of sup plyuid demand, must be futile. Cap ital can best be encouraged by wise and efficient laws for its protection. Rates of interest are governed not by enactment or laws for the government of capital, but by ordinary commer cial rates, and timid capital (upon the supply of which must depend inter est rates) is directed to its channels by the measures of security which are afforded for its protection. I would therefore recommend a careful revis ion of our collection laws, with a view to the proper protection of the capital which may seek our borders for loan or investment, and the repeal of all usury laws, which must of necessity remain a dead letter upon our statutes and can oniy tend to embarrassments in commercial transactions. Gentlemen: I have endeavored to discharge the onerous duties which unexpectlv devolved upon me uuin- fluenced by commendation or censure, preferring to look to a conscientious discharge of duty for reward instead of present popularity, and in retiring from official association with tho af fairs of the State, I may be permitted to express the hope that the animosit ies engendered by the fierce political strifes through which we have passed in the last two years ma3 bo buried and forgotten, and that all classes of our fellow citizens may, in the future, work zealouity and in harmoi)3 for the welfare and interest of our 3'oung anu growing commonwealth. Vm. H. James, Sec. of State and Acting Governor. After receiving the message of the Governor and making provisions for its publication, and also provisions for furnishing members with dailv news papers of the State, both Senate ad House adjourned. GOVERNOR'S INAUGURAL Monday, Jan. 13 Governor Furnas' Inaugural delivered to-da', at 2 p. M. and follows : Gentlemen of the Senate and House of Representatives : Chosen b3 the popular expression of the people, to the chief magistracy of this 3ouug commonwealth, I have taken the prescribed oath, and am now about to enter upon the impor tant duties of the office. Trusting that I fully appreciate the responsi- upon. We are compelled, therefore, to a ver3' great extent, to meet emer gencies and demands as the3' arise and present themselves for our con sideration, acting on the better judg ment as to what will best conduce to the happiness and welfare of a con stituency thus surrounded. It is not 1113' intention, nor would I presume on 3?our intelligence and ability as legislators, b attempting to argue matters in ueiau 10 which x ma3- feel inclined to call 3'our atten tion. I simpl3 desire reference, hav ing entire confidence in 3our visdom in the premises. No Legislature since our existence as a State ever convened with more important matters presenting them selves for candid, unremitting and careful consideration than the pres ent. Our unparallelled prosperit3 and progress in all matters should an imate our pride aud stimulate efforts to labor for higher attainments. EDUCATION. It is a universally admitted truth in this countr3, that a general diffu sion of knowledge among the people is essential to the preservation of lib ert3 and the maintenance of Republi can institutions. Education there fore being the true foundation to all greatness and prosperity; the pro gressive disposition heretofore and at present manifested b3' our people; the munificent endowments provided and placed at our disposal, render this feature of our State affairs second to none other. In our county, more than in older lands, learned and well informed men are needed. In conse quence of its newness, the resources of our State are butjust beginning to be developed. We require scientific men and women to discover and util ize, and thus unfold our boundless wealth and means of support. We must have those of the highest order of native talent and culture attaina ble, to lead and guide our industry in the great work of development. We alread3' have more organized schools, more school houses erected, and of superior character; more mon e3 invested in buildings, books and apparatus, than ever oeiore oy 0113 State of our age. We have a land en dowment embracing nearh or quite one-eighteenth of the entire public domain of the State. The value of local buildings range from one thous and to two hundred thousand dollars each. The educational S3'stem of the State should be such as to make ever3' branch or feature intimately and or. ganicalh related, :s integral parts, each essential to its completion aud perfect work. The Common school should form the basis, followed l3' the High, Normal and Academic schools, to a connection with the Uni versit3. The Normal school, altho' differing somewhat in its general characteristics training teachers for the Common and other schools, and providing a model S3'stem of impart ing knowledge, and governing edu was is as bilities of the position, n- aim shall be to faithful serve a people who have so generously confided the sa cred trust. Having an abiding faith in the future growtfr and develop ment of the State, no dutj' will be left unperformed on m3' part that will in the least tend to its prosperity, advancement, and honorable position with other States bf the Union. Not 3'et having taken possession cf the archives, I have had no opportu.-. nifcy other than thgt enjoyed by citi zens in common of obtaining inform- cational organizations, should, never-1 tiieless, occup3' its linportantconnect ing relation in the general 33'stem. The State University has more than met expectations of sanguine friends, and it is important that it should be maintained, and in such a condition of efficienc3' as to entitle it to the prospective land grant likely to be given by Congress at its present sess ion to all colleges. The pending bill provides for five hundred thousand acres to . each agricultural college. The present Universit3T income is sufficient. lhe Normal school requires some further aid. A wise economy dictate the earl3' completion of the building now under wa3. The building au thorities have kept themselves with in the bounds of the appropriation made 113- law for that purpose. There is a deficiency in the funds realized, however, owing to a failure in collect ing taxes. Relief should be afforded, the building completed, furnished, and if possible at least a foundation laid for a library and provisions made for the purchase of philosophical and chemical apparatus. The corps of teachers should be suffie'ent to nro- gress with the work imperatively needed. With judicious management of its lands and other matters, this institution may soon be made self sustaining. In fact I am of opinion that our whole educational S3'siem, from common school to University, can, with sound and careful manage ment, be made entire' independent of State aid within a very few 3'ears. Too frequent changes of S3'stem or laws, I am aware, are not, as a rule, productive of the greatest rood. It is thought that our existing laws on the subject of education can be so remocU eled as to meet the emergenc3', with out conflicting or interfering with its present 'operations. The present school law, paiticular I3' as,a'pplic;ihlc to common schools, neuds to bs thoroughly revised ami amended in nimiv nnrtinnbirs. Tho fliiibject of various amendments has been carefully considered and digest ed by both State and local education al organizations, and committees ap pointed to confer with the legislature. AGRICULTURE.. One of the first aud most import ant duties of a legislator should be to stimulate and foster the great wealth producing industries of a State. The area of country embraced withiu the geographical limits of our State being peculiar-and almost exclusive- of an agricultural character, together with the fact that we "occup3 the Ke3'stone piacein that gigantic trans Missouri arch of agriculture," the set tled national axiom that "nations. States, individuals, jnd civilization prosper as agriculture thrives," or re cedes as it languishes, render this branch of indust, in a great meas ure, the foundation of that prosperi ty in store for us. H,ence an over de gree of fostering care and attention cannot be given this all important subject. The State, county, and oth- jiynui.uLiuns 01 mis cnaracier, 1-K4 jXrffS W WMHJ" '' "Pe au increase of, religious reason of tree planting, were oppor tunely enacted and have served a most admirable purpose. I am satis fied, however, that they have become oppressive and are working hardships in very many instances. By this I I do not by any. means wish to be un derstood as intending, or even con senting, to a polic3' in an3T way tend ing to discourage tree planting in our prairie region. On. the contrary, I regard it of vital importance. I am convinced a more efficient plan can I be inaugurated at very much less ex pense anq. couiucuou wmi a, uksv uniform S3'stem of taxation "avoided. Careful investigation of this subject warrants the assertion that existing tree exemption laws have cost the State not less than two.lxundred thou sand dollars tho past 3ear. The re peal of all these laws and the passage of a new one creating a tree commis sioner or State forester, and requiting all State and count3 agricultural or ganizations to pay a liberal per cent, of the respective amounts they re ceive from the public treasuries, as premiums, would accomplish more than present laws, and at not a tithe .of the expense. Such a course on 3'our part, aided 03 pending legisla tion on the part of Congress, would abundantly supply ojzx treeless prni. rres. TkadobaHs oMhe matter presented for 3Tour consideration I will be pleas ed to communicate to your commit tees on agriculture. ItEVUNUE. The ouestion of revenue is one of vital importance to a State. It is but just in a free government like ours, where all participate equalh in its protection and privileges that sustain ing burthens should be borne proportionate- with the means nnd ability to contribute. Uniform valuation and assessment of all property at its actual present cash value, with prompt payment, is the only truos3-s-tem of taxation, is alone just and equitable; can alone lighten the burthens and render satisfaction,. Taxes as now assessed and collected in this State aro unjust and aetuaM oppressive. With pioper distribution the3' would not be felt. The simple fact that near three hundred thousand dollars delinquent State taxes are un collected and in some counties more than that amount of a local character, is evidence that our existing revenue laws are either inadequate, or im properly administered. There is a diversity of opinion among even legal minds as to where the difficult' really is, or how a practical remedy can be obtained. This important subject will require careful consideration on our part. And in so doing 3'ou should not be unmindful of the surroundings of our constituency ; the existing stringenc3 in our monetary affairs; the present meagre prices of our pro ducts, and the almost dormant condi tion in trade. COLLECTION LAWS. Next in importance and intimate!' connected with the question of reve nues, stand. collection laws. A sound policy will provide that labor and capital move hand in hand ; neither can thrive without the aid of the other. The latter while possessing ability at all times to care for itself, is nevertheless cautious, requiring en couragement. The former helpless of itself but benefitted b3' the presence and use of the latter, should have ev er3 possible safeguard and protection thrown about it. To these ends it will be wisdom on our part to en quire as to the character and tenden cy of our collection, exemption, stay: anid other kindred laws as the3 exist. Do they operate to keep capital from among us, and against the true in terest of those for whose benefit tho3' were enacted or otherwise? njo im portant questions for 3'ou to decide upon. In consideration of these in tricate questions great caution should be exercised and due consideration of all circumstances, and objects to be attained, to the end that tho actual necessities and true interests of the masses be not unduly retrenched up 0:1, nor a desired health influx of capital retarded. In the matter of revenue and collection laws, let the effort and object be to relieve the peo ple and develope the State. INTERNAL IMPROVEMENTS. With the present and constantly increasing necessities of the Statu you will be required to solve many dffi cult problems. Perhaps none more important than those generally un derstood as works of Internal im provements, particularly railroads. There is nothing more conductive to rapid, permanent and hoalthy devel opments, or advancement in all re spects than this class of improve ments. They open and populate the country. Wo cannot dispense with them, because they inaugurate, man age ami perfect grand enterprises, in which we are all directly interested. No more important duty devolves up on you than to give every possible and legitimate encouragement in that direction. An equal important duty, however, will be to guard well the natural tendency of monopolies to encroach upon the rights and interests of the people, who aid and encourage with both influence and purse. Mu tual efforts and labors should be fol lowed with mutual accommodations and benefits. Wholesome, judicious, impartial legislation tending to servo the public good, should not be lost sight of during your labors. BONDS. In connection with the developing agencies referred to you should con sider the question of local and other bonds. Tl ese evidences of indebted ness, issued under sanction of nrmwr. legal regulations ought to command par value. Our people appreciating the importance of improvements and commercial facilities, and possessed of tho true spirit of enterprise, at all times respond liberally and have the ability of determination to pay promptly both principal and interest as stipulated. Let bonds when thrown into the markets often realize not over three-fourths their actual value. tinder these circumstances the tax-payers pay one fourth more than would otherwise be required of them. If ly legislation action 3'ou can provide against this evil, you will have performed an important duty to 3our constituents. I recommend for 3'our consideration, as a means by which the value of our bonds ma3' be enhanced, a "Registra tion Law," now in force in some of our sister States, and which it is be lieved has accomplished, in part at ieasi, ine uesireu object. NEW CONSTITUTION.. The present constitution is not meeting either the present or growing wants of the State. The judiciary iJiiiusiuusaresaiuy uencieni in sup-L jjiyuig me uemanus 01 justice; the new counties filling upso rapid! v and justh- entitled to representation in the General Assembl3, are without a voice, and the meare salaries paid 3our Stato officers will not secure that efficienc3' and attention the impor tance of the positions now demand. The people have expsessed their de sire for revision aud amendment. Tc gratify these wishes in the most ex peditious manner admissable, under the provisions of the existing consti tution, will be meeting an important demand. the borders of our State. The al government has placed at our ri oosal auiDle means tn Ioi.-o,t aiJ- salt interests, if prudently and it,i ciousJy managed. The benefit J w hole State that would resulf f- " lievelnnmpot of th nnal K,i . . 3 1 -"--- -- - wwu ucuj uniio the COAL AND SALT. lying nearly, if not the entire surfo" of the State, cannot be overestimate Nothing will tend more to brir manufacturers among us than dies fuel. It is within the nMrff.?!l Legislature to materially aid in run iziHg these features of the Stated natural resources. 3 IMMIGRATION. Railroad companies, possessing in, tracts of our fertile soil, are doinp a commendable work in the matter Cf inducing immigration to our jtate The Burlington and Missouri, and the Union Pacific companies have beea directing special and successful ef forts in foreign countries. These two companies, I am credibh imformed have spent nearly a million of doling the past 3'ear in their foreign opera tions. Tho State Agricultural and Horticultural associations have pur. sued a polic3'in their sphere that has resulted beneficially. The State Hoard of Immigration having exhausted the appropriation, isjabors the past year have been limited. Whether the agencies first named are meeting the demands as to efforts in foreign lands and whether or not we should direct more special efforts to the overcrowd ed portions of older eastern States.are important matters for you to deter mine. The subject of immigration is one that should receive due consideration. Other States have their organizations making known iu various ways their respective advantages, and guiding immigrants to favorable localities, where they may find cheap and de sirable homes. Witli our fifty mil lion acres of vacant lands, unsurpass ed as to fertility and producing capa bilities, Nebraska should not slumber as to her interests in this respect, but see to it that vr,e have at least our share. U. S. CENTENNIAL EXPOSITION. Congress has provided for colebra tiu.g the one bu.ndredth auniveisary of American, independence by hold ing an international exhibition of arts, manufactures and products of the soil and mine, in the cit' of Phil adelphia, in the year 1S76. Each State and Territory of the Union will be expected to send its peculiar pro ducts, illustrating its resources, both developed and undeveloped, thus af fording an opportunity of comparing their industrial condition and capa bilities. The President of the Unite.1 States has appointed two commission ers for each State. It will be incum bent upon the respective States them selves to provide means by which they will be probably represented. Tho undertaking commends Itself to the support and sympathy of tho American people, and I trust our State will- be fully represented. To this end soma suitablo legislation would be appropriate. VIENNA EXPOSITION. In connection with our own, T also call your attention to the Interna tional Exposition to be held in Vien na, in May next. The national gov ernment will undoubtedly makernch arrangements as that but little ex pense will be involved in being repre sented at this exposition. Desiring that the advantages of our y.uiig State be known, theso valuable op portunities should not be permitted to pass unimproved. OP THE NEW Vv'EST I speak from personal observation. Recently it has been my privilege to visit the people quite in detail, with a vkw to learnrng their surroundings and necessities. With great earnest nesa.1 call your attention to the new settlements on our western border the rapid extension of civilization in that direction. The people who aro making efforts and sacrifices to opeu and populate that portion of our State, look to you with lively interest and great. confidence for such legisla tion as will aid them in their noble work. In considering their wants. not least in the many, is the question of continuing tho Indians on their present reservations. The class of our citiz.ens to whom I now refer are en during a multitude of privations inci dent to the settlement of all new couutries, and exhibiting a commen dable degree of pioneer enterprise They should no longer be subjected to the additional and perplexing -embarrassment produced ly the presence of the nomadic race. In addition the valuable lands now held by these aborigines should be permitted to pass into the hands of intelligent, enterprising citizens, who would ren der them productive ; and further, they being exclusively the wards of the general government, we having no control over, or management of them whatever, should not besubiect- ed to their retarding influences. Tho commendable policy indicated b' the government could be more successful, and expeditiously accomplished by locating them elsewhere, and to them selves. IRREGULAR CL A I .MS. I am informed thet there is quite nn amount of outstanding evidences of indebtedness of a somewhat floating and doubtful character, which the reputation of the State requires should be investigated, and if found legiti mate and in compliance witli the nro- visions of law in such cases, adjusted, and otherwise disposed of. OFKICIAL REPORTS. Nothing tends more to want of con fidence and consequent general stag nation, than a failure an the part of the people to become possessed of do tailed information in relation to tha management of their affairs. Confu sion in financial matters, failureoftho several departments of state to work in harmony; party spirit in opposi- tion to that in power; individual ma levolence, ambition or jealousy, often repeated and exercised, begets in the minds of the people a feverishness re quiring abatement. This can only be dqqe, and popular distrust prevented, by providinc full, recular. ripr.aHprl and satisfactory reports for the public eye in relation to all officers and pub lic affairs. HASTY LEGISLATION. In most legislative bodies there Is a manifest disposition to defer matters until the last da3s and hours of the session, and a3 a consequence the peo ple infer b3' reason of hasty and in considerate legislation. To-da3' our statue books abound in clerical errors and deficiencies produced by want of careful consideration and attention. ', It is hoped this legislature may set an cAuujpje jn $nis respect. CONCLUSION. In conclusion, it will be my greatest pleasure to co-operate with vou ia matters to, which I referred, and oth ers which j-our wisdom will doubtless devise. Trusting that no distracting element will interfere with 'our la bors, and that we ma3 e,ach have an assured conscience of having faithful ly discharged our duties, both in law making and executive departments, let us ever invoke the aid of Him who guides and governs the acts of indi viduals, as well as rules the destinies of nations. Rort. W. Furnas. Maior Caffrey. of the Browavillo A dverliser. is elected enrolling clerk There are no lomrer doubts in thp for tue Senate. He will probabh-roll midns nf thnco n-lm v..m :..., :i III) soinp Ipf.tpr nnd pfHfnri.il- for his the right direction, and will do still ligent investigation to the Er.hipet nI! paper from the seat of government. JtUJJltUUUUTl. let us have them, Majo?. have alread' accomplished much in the riuht direction, and will do still more with only a continuation, of leg-1 to the presence of saline anil b'itu-' Omaha Republican. ?aiaue am now in existence. j minous deposits iu abundauce witufa i Yes : . . ft 4 r i i i s "! 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