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Oifh&ii Taper of City, County, aud the
United States.
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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 :
.
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