The Red Cloud chief. (Red Cloud, Webster Co., Neb.) 1873-1923, January 22, 1897, Page 2, Image 2

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The Nehrnnks, llseriithe DIhiiimo State
Affairs Thiirniiclily utiil Willi Ilrconilnit
Dignity-Defend the Htnte slid MnkM
Number of Itrroiiiniendittlnns.
SUCTION tottit.
Mllto .Norfiiut M'linol,
Tlie fttnto normal school loc.iteil nt Peru,
appear to lie performing tho work for
which II was constructed In n very satis
factory manner, and meeting the full ex.
poctrttlons of tho friends of education .i!I
over tho state, I nin advised that the at
tendance of those who nro preparing them
Helve to become Instructors In the puhllo
schools In fully up to If not surpassing Iti
previous history. Thnt tho educational
work In nil of Its branches 11 uelmr suc
cessfully prosecuted, U evident.
Your fnvorablo consideration In Invited
to the rc(iic!n of tho board of trusteos
for npproptlation needful In conducting
tho affairs of tho school for tho coming
biennial period. Considerable Is asked for
In tho construction of new buildings. In
view of the ntato's llnnnco and tho ever
Increasing bunion of taxation, I am not
prepared to favor any appropriation for
now structures at the different slato In
stitutions, except where, after a thorough
Investigation, they seem to bo absolutely
required In order that the Institution may
nfnclotly carry on tho work for which It
was Intended, and whero thn withholding
of such appropriation would crlpplo tho
usefulness of vucli Instlti jns.
Miixlmuin I'i'clulit l.uw.
It Is provldeI In section t, of artlclo 11,
t tho constitution, that "railway here
tofore constructed, or t'hut may hero
after bo constructed In this state, uro
lieroby declared public highway., and
1ia.ll bo freo to till persons for t'no trans
portion of tholr persons and 'proix'rty
thuroon, under such regulations as may
bo proscribed by law, mid tho Icrfshuuro
may, from tlmo to time, pass such lawn
establishing reasonable maximum rates
of charges for tho transportation of pas
sonirtirs and freight on iho different rail
roads In this state. Tho liability of rail
way corporations as common carriers
hall never to limited,"
Section 7 provides: "Tho legislature
shall pass lows 'tx corroot abuses and
provont unjust discrimination and extor
tion In all charges of express, telofrrapli
and railroad companion In this state, and
enforce such laws by adequate penalties
to tho extent, If necessary for that pur
pose, of forfeiture of their property and
Under tho constitutional power thus
conferred, efforts have been made from
ttmo 'to time by tho different legislatures
to enact laws to establish reasonable
maximum nates and to prevent dlscrlml-natlon-nnd
abuses to tho patrons of nucli
roads. Tho legislature of U9J enacted a
maximum freight rate law which was ap
; roved by tho governor, and thereby bo
came one of t'ho laws of tilio state. Tho
onforcotnent of this law was resisted by
different railway companies, and a suit
Instituted to provont tho board of trans
portation from enforcing tho provisions
of 'tho net. A trial In a foderal district
court resulted adversely to tho stato, and
the last leg-Mature made suitable pro
vJslons for tho prosecution of a writ of
error from tho Judgment of the district
court to the supremo court of tho United
States. It was presumed at that tlmo
that thn caso could bo takon on ap?vcul
or error to tlie supremo court, and thoro
disposed of in a short tlmo and the valid
ity of the uct In question bo dotormlncd.
An arcument of tho case was hud In tho
supremo court In tho year 1R03. A ro
arcument afterwards was ordered. This
has not yet been done. For some reason.
o mo unknown, a stipulation was entered
Into between those representing tho stato
and the attorneys for tho railroads, post
poning a hearing on a motion to advanco
tho case for roargument until somo tlmo
during tho present month, and It neoms
now hardly reasonable to oxpect a llnnl
doclslon on this Important question until
somo tlmo duping tho spring months.
I am unable, to lead myself to believe
that the delays occasioned In tho final
hearing of this caso are at all necessary,
but, on tho contrary, am strongly Im
pressed with tho conviction that tho caso,
bolng of so mudh publlo Importance,
ought to "have, been finally dlsxsed of
long ere this. It seems to me that t'ho
grave questions Involved aro of aurtlclcnt
importance to warrant an ordor of ad
vancement by the tribunal hearing tho
caso, and a decision at the earliest op
portunity consistent with Its proper con
sideration by those who have to pass
upon t'ho legal questions Involved. It ts
to be hoped that a final and speedy (tear
ing vt$.l bo obtained at nn early date,
and I'hus enable thn people of the state
to ascertain -what, tf any, further or dif
ferent legislation may be required (n or
der to carry out the Intention of the pro
visions of the constitution Just quoted.
Uncll tho case Is finally determined, It
would seem that nothing further tn the
Way of enaatllHt Umr establishing- rea
sonablo maximum freight charges by the
legllatur can with safety bo attempted.
Hoard of Transportation.
Under the second constitutional pro
vision, the legislature, has estnltahed a
board of transportation, riving to such
board power to prevent unjust discrim
ination, und to tlx reasonable rates lor
tho carrying of freights, and In general
to carry out the provisions of the act
creating such board. A board tit is es
tablished, properly enforcing the law,
can sorvo a gocd purpose In preventing
unjust discrimination or exorbitant rates
for the carrying of freights by the dif
ferent railroads of the state. Its useful
ness dopends very much on Its ability
to enforco tho laws. It the board has not
ufllclent authority, as now constituted,
to fulfil tho objoots of its croaiUon, the
law Bhould be amended no m to give ft
more extended powers. The necessity for
the maintenance of nn ofTlco charged
with Vheduttca of enforcing all provisions
of tho law regulating railroad tralllo in
the state, Is qutto obvious to nil,
Tho peoplo of tho state, I am satisfied,
prof or nn elect! vo railroad commission
rather than tho commission as now cre
ated. This they aro unable to accom
plish until our fundamental law shall
be amended providing for these addi
tional executive officers. A constitutional
amendment looking to mat 'end -was sub
mitted to Tho electors at tho last general
election, the adoption of which Is qulto
doubtful. Until such a commission can
bo provided for by constitutional amond
menrt, whatever relief that may be obi
talned, must be socurcd through a board
of transportation or railroad commission
composed of executive officers already
created by tho constitution. 1 am unable
to see why, if an elective commission
may be empowered to give to tho people
any relief from unjust discrimination or
overcharges, why the same powers may
not be given to a. commission composed
of executive oftlcers, as now existing un
der the constitution.
Many other states havo commissions
either oreated by the constitution or
otherwise, whoso duty It Is to regulate
and control railroad, 'telegraph and ex
press traffic. Tho work of these com
missions in many states seoms to be
very satisfactory. A study of the re
ports! of these different commissions is.
quKe interesting, and secures to one
much valuable Information reapootlng so
Important a subject.
X sun of tho opinion that our board
of transportation laws may bo amended
in many respects so aso dyo croaler
poTVfcs and more latitude In the opera
tion of tho board In tho enforcement of
tho law, thereby assuring n better admin
istration of Vain important feature of
stai'.e government, It would also reom
ndvlsablo to give to n hoard of transpor
tation net only the I'Ight to control rail
road trnmc, but also that of telegraph
mid express companies doing business
between polnti w;thln the rtate.
This entire -maMor Is submitted to you
wfV.i the hor that. If any changes In
our preient law are found to bo ndvli
nble, tho subject may be legislated upon
by you so as to bring about equitable
dealings between these severnl corpora
tion and their patrons. While protect
ing the rights of the Individual, ovey
conrfderntlon whlifi wisdom and Justice
requires should be given to the corpora
tion whoo business Is thus bought to bo
Jfnlirnnkn Nntlounl fJunrd.
Tho report of tho adjutant-general
Khows that during the past two years,
the national guard In thin stato ltm
made great Improvement In Its knowledge
of military duty, and Kiat the equipment
1s sufllclcnt, with '.ho exception of a
few articles, to onablo It to take 'the Held
for active service In or out of the state.
There Is yet much to bo done to brltu:
the guard up to the accepted standard
of etllelency, and thnt can bo ne.-om-piloted
only by careful, theoretical In
struction of tho corrmlloned oIHpcm
In military rolonco and practical InKtru--tlon
of tho wholo guard in annual en
campments. Tho national nre
volunteers ready for duty whenever
emergency demands tholr services.
personal appircntlon, nr.l in n
measuro by their own cxiiene, they
learning tho routine of the drill, the re
qulremenlx of military discipline and ac
quiring thn nilnuttn of duty.
The proper mnlntcr.nnuj of the na
tional punrri of tho btnle requires thnt
reasonable appropriation.1 should bo made
to bring the services to n high stato of
elllelency. Whllo tho law expressly pio
vldes for nnnunl cnrmiipme iiIh for Instruc
tion, tho appropriations Imvo lieretoforo
been Inrufllclent find only one encamp
ment bad been held during each biennial
period prior to my administration. After
tho encampment at llactlngs In lS'JS, It
woh found thnt a great saving had been
made by economical management, and
tho of tho guard In consultation
worn unanimously of tho opinion thnt
tho good of tho service and requirements
of law demanded the annual encamp
ir.'tnt held at Lincoln In lS9d. Whllo tho
available appropriation was Insufllclent
tho guardnmen wcro willing to ncccpt
half pay nnd look to this session of the
legislature for tho balance. Tho two en
campments wero held at an average cost
of 914,219.87, a saving of $4,242.27 on each
encampment, ns compnrod with the en
campment of 1894.
Tho IndobtedursH of the guard as a re.
suit of tho last encampment Is 13,411.94
moro than thero remains of funds on
hand. Several hundred dollnra will bo re
quired to bear cxpcnwci until tho end of
the blonnlal porlod. Increasing tho do
flctency to about JO.OOO. A slightly In
creased appropriation over thnt usually
mado will onablo tho guard to comply
with tho roqulrcmonts of tho law In tho
matter of holding annual encampments
and keep tho servlco In a high statu or
efficiency. This would seem to me to bo
ndvlsablo. Tho excellent condition of tho
state's mltltla Is duo In a groat mcasuro
to tiro efficient management of tho ad-Jutunt-gcnoral.
Drlg.-Qcn. Tatrick II. Hnr
ry. Tho guard Is also Indebted to Major
Kdmund O. Fechot, of tho Sixth cavalry,.
U. S. A. for valued servlco In Instruc
tion. Vour attention Is Invited to the need of
a thorough revision of tho mllltla law. It
has been found that the present law, In
many Instances, dors not nictit the re
quirements, and also, that several of tho
sections are exceedingly nmbtguous. Your
attention Is especially Invited to section
22, which Is clearly In direct violation, of
tlra laws of tho United tSates.
Thero aro now deposited In office of thn
ndjutant-genernl tho battle lings of
Klrst Nebraska Infantry, and thn flags
and guidons of tho First Nebraska cav
alry, together with other very vuluablo
rollcs of tho late rYU war. I would
rocommond that thvnu flags be placed tn
hormetlcally sealed cases to preserve them
from atmospheric destruction. As thesw
are symbols of tho heroism of Nebraska
volunteer soldlerH, they should bo guarded
sacredly by tho stato.
Ijilior Iluroaii.
The bureau of labor and Industrial sta
tistics has been greatly handicapped by
the mengro appropriations made by the
last legislature. Tills bureau should bo
maintained nnd suitable appropriations
mado In order to carry on tho work In
tonded by Its creation. Tho gntherlng sta
tistics and Information of tho condition of
tho varied forms of labor and of th
value of Its products Is an Important mat
tor and of givat benefit to tho people.
The oxtcnslon of tho work of this bureau
might very properly bo made so thnt It
would become a means of communication
between employers nnd those desiring em
ployment, giving It the features of on em
ployment bureau In addition to thoso It
now possesses, with suitable provisions
and restrictions for the prevention of un
necessary burdens by those who avail
themselves of tho opportunities thus af
forded. It Is hardly to bo expected thnt the. work
of the bureau can bo brought to a higher
stato of usefulness unless provisions aro
mado for travelling oxpnses tn visiting
many portions of tho stnte for tho pur.
pose of securing needful Information and
data. This phase of the work cannot bo
carried on satisfactorily by means of com
munication through thn malls.
Tho time, also, seems to bo ripe for tho
making of somo sultabln provisions for
tho gathering and dissemination of Infor
mation looking to tho securing of desirable
Immigration to assist In further develop
ing tho many and varied resourced or
tine state. If It meets tho views of the
legislature to tako action for thn en
couragement of Immigration to the Htate,
I would suggest the advisability of util
ising the labor bureau, An appropriation
of a few tliotunnd dollars n year, tf
wisely and Judiciously oxpcndcd. would
probably accomplish much In dlrectlnn
Immigration to tho state.
A short tlmo ngo an organization was
perfected by a large uumbor of active and
onergotlo cltUens of tho stntw under tha
name of tho Nebraska club, tho object of
which I sto encourago Immigration. It
the event nn appropriation for Immigra
tion purposes Is deemed advisable, nnd
you should determine It would better
bo expended by somo other menns thnn
thnt herotofore suggested, I doubt not
that this organisation could very safely
bo entrusted with such expenditures, nnd
that tho same would be made to the very
best advantage, accomplishing as much
us could bo expected through any other
course. The organization Is already per.
footed nnd in active operation and In com
posed of men of high character who nro
devoted to the upbuilding of tho stats nnd
are well worthy of such encouragement
as would be given them by an apv.op(
atlon of this character.
Deportment or llnnklnpr.
A banking board, composed of tho state
treasurer, auditor and attorney-genernl,
1 as been created by law for tho purposo
of oxamlnlng Into and reporting at ft'
quent Intervals upon the financial condi
tion of tho sovornl banking Institutions
f tho state, excepting those organized
under the national banking law. Tho wis
dom of this law and Its usefulness to the
people of the state Is quite apparent,
'Under the preient law when for any re.v
son a bank suspends and It becomes noc
croory to appoint a receiver to close u,i
Its affairs, the reoeiver Is appointed by
ho district court, to whom ho mallei
reports from time to (fmo concerning mat
tnrs In relation to hlH receivership.
I am of the opinion, and I understand
this view Is shared In by all member 4 cf
'he banking bonrd, that tho law should
bo amended so that this board should ho
the control of the suspendsd Institutions
until the creditors are fully provided for,
nnd that tho appointment of a receiver
nnd tho disposition of tho assets should bo
IMlder thn control of tho board, inlher
than tlie courts. As tho law now htnnds
i In bonrd ceases to hnvo .tn ronneellon
with tho bank when Its doors am closer
nnd the matter Is entirely left wltit the
dHtrlot court. I can see no reason whv
t'ic Interest of the creditors of a sus
Tended bank may not bo better carod for
bv tho banking board, who hnvo moro or
less knowledge rognrdlng tho Institution
prior to Its fnllurn and who will bo In
a ioMtl&n to close up Its affairs moro
expeditiously and with lens expense than
t'.io district court. All litigation growing
out of such suspended Institution should
como within the Jurisdiction of tho dls.
trlct court, where It properly belongs. It
also nppears that the provisions of the
banking law arc not broad enough, to In
clude loan und trust companies organized '
within tho stnte. which It seems to mo ',
would be proper to nave un.irr the control
nnd supervision of this department. Tho
strengthening of the law for tho purposo
of giving better protection to tho de
positor of tho hank wherever possible
nhuuld be mude.
stnto Fli1i Commission.
An honest effort on tho part of the fish
commlsrlon to perforin tha greatest pos
slblo HorvIcY to tho state with a small
outlay for expenses has evidently been
successful. Tho various streams of tho
stato and many public nnd prlvnt lakes
mul penda hnvo been well stocked with
the best varieties of llsh. Needed repairs
and Improvements, Involving small ex
pense hnvo been mado at tip) stato hatch
eries under direction of tho superintend
ent. The report of tho superintendent of
the states lmtcherl'H at South Ilcnd Is re
plete with Interesting facts nnd valuable
Information. Tho statu Iium nbout $17,000
Invested In property nt tho hatcheries.
Tru plant Is well equipped und In readi
ness to continue tho work successfully.
I am of the opinion that tho results at
tained by thn commission Justify n con
tinuation of legislative support to tho ex
tent of a reasonable appropriation for
tho needful expenditures In carrying on
tho next btennlum.
J.lvo Stock Inspection I.nw.
Tho live stock Industry of the stato of
Nebraska Is and will be, so long as pres
ent conditions exist, one of the principal
branches of agricultural Industry, Recog
nizing this fact, trro legislature at differ
ent times has enacted laws to prevent tho
spread of contagious or Infectious diseases
and providing for thn appointment of a
llvo Btock sanitary commission, Including
a state veterinary surgeon. This law. It
seoms, was found to bo cumbersome and
expensive and for a number of years the
leglslaturo has failed to mnko any ap
propriation for the purpose of enforcing
Its provisions, thus rendering It obsoloto.
During tho pnst two years many commu
nications wero received by this depart
ment from peoplo nil over tho stato mak
ing Inquiries respecting tho state veterin
ary surgeon and desiring his services for
tho purposo of examination Into tho con
dition of llvo stock supposed to have, con-tuglou-j
or Infectious diseases. To tho
many requests for tho services of a stato
veterinary surgeon r.o satisfactory re
sponse could bo given becauso of tho
want of nn appropriation to defray tho
salary and expenses of such officer.
During tho month of August Inst, not
withstanding tho nnnunl quarantine
proclumtton prohibiting tho shipment of
cattle from certain territories whero the
southorn or splenic fever exists, shipments
of southern cattlo nffected with thfs drenH
dlsjasn was unloaded at Gcrmantown,
Howard county, Nebraska, and pluced In
a pnturo In that vicinity. It was soon
dlbcovcrcd that tho cnttlo wero Infected
with this dlnc, but not until a num
ber of native cattlo had become Infected
und died. Considerable loss of nntivo cat
tlo occurred and thero wan much alarm
among the citizens of the vicinity gener
nlly who feared a much greater loss to
the cattle Industry In that portion of
tho stutn. I deemed this emergency to bo
of sufficient Importance to avail myself
of the provisions of tho law to check the
threatened spread of this disease. A stute
veturlnutlnu wns appointed, as well ns
two live stock Inspectors, who at onco
took chargo of all cattlo within tho terri
tory, affocted.nnd established rigid quar
antine lines, taking prompt measures to
stamp out tho disease. Thilr efforts were
successful, and, since tho approach of
winter, tho danger Is passed. Tho neces
sity for this notion required the ex
penditure of a small sum of money and
tho Incurring of somo further obligations
In order thut the work might be mado
effective. An account of necessary ex
Ptiises will be presented to your body In
a report from tho stato veterinarian thus
appointed r.nd I recommend an appropri
ation for Its payment.
Another shipment of cattle similarly
affected was unloaded later In tho season
In the northwestern part of tho statu.
In order to prevent any spread of the
disease, tho shorlff of Sioux county, In
which the cattlo wore unloaded, woji In
structed to keep them confined In ono
place and prevent them coming In con
tnct with nny other stock In that portion
of tho country until an examination might
t mode by the Btnte veterinarian nnd
the spread of the disease urevented.
,Somo additional expense was Incurred In
connection with tnts matter.
These two Instuncos emphnslzo tho nec
essity of making provision for tho bettor
protection of the live stock Interests of
tho state. The law, ns It stands, may b'l
umencd so us to render Its enforcement
of comparative smull expense to tho peo
ple of tho state, and yet be mudo very
i.ffectlve for tho purposo of preventing
tho spread of contagious or Infectious dl-t-asos
and tho consequent loss of valuable
live stock. If tho luw eould be so amend
ed us to empower a. statu veterinarian to
establish and enforco rigid quarantine
regulations wherever required without tin
necessity of the Interposition of llvo stock
Inspectors, I bellovo much good could
lie accomplished with but llttlo expense.
A bill amending tho present law hai
been prepared by those Interested In vet
erinary Murgory In tho stato, the previ
sions of which largely overoomo the ob
jections existing In tho present law an
nt the same tlmo make amplo prcvU.'on
for tho protection of this Important In
terest. I that you will be nblo to
rem:! i a satisfactory conclusion that,
irake It possible for tho proper uutlioi
Itles upon all necessary occaslona to
promptly prevent the spread and, na far
c.s postlhte, crudlutto time evils affo:Ui.g
tho live stock Intercuts of tho state.
Fire and I'ollco Hoard.
Experience and thoughtful consideration
on the part of law-making bodies see-n
to have demonstrated tho wledom of re
moving as far as possible from polltl;rl
Inlluenoes mutter pertaining to tho p Ice
nrd fire departments and the regula.:I.ii
and sale of Intoxicating liquors In to
larger dries of the union. This can bat
bo done by placing In tho hands of tho
chief executive or other stato officers iho
appointment of tlie members who ahal
occotltute such boards. This prllcy lu
been adopted In our own srtnte, and, rr r
to the last session of the legislature, th
Itw In this respect provided tlut the
monitor of tho board of flro ami pol Co
commissioners should be appointed by
tho governor, restricting tho appointment
cf not exceeding two to any one poUtl.ul
Pirty, providing for a membership of four
to be thu appointed with the maycr of
tha city a member ex-ofllclo of such com
mission, Tlie last Injls-lature. under ttvt
pretense of correcting abuies tlUnad to
ljavo existed under the management, of th)
flro und board of tho city of Oma
ha, changed tho law then li exUteiico
by reducing tho membership of such com
mission to three, net Including tho may-r,
and providing for the appointment of
such commission by tho governor, the et-torney-genrral
and commissioner of publla
lands and buildings. I regarded thl meas
ure as purely partisan, enacted for tho
purpose of taking the appointing power
from the hands of the governor and giv
ing tho controlling vote to two membtrs
bolonglng to tho party which dominated
In the legislature. It also uppjarcd to
mo that It was unwise to ox elude fr-m
the tire nnd polho board the chlof exm
utlvo officer of tho city, and fcr Mmmo
und other considerations, I with ield ex
ecutive approval from tho bill Uiuo on
acted. Tho administration of the uffalrs under
thn provisions of tho prejont law, urd
knowledge culned since thnt tlmo ro'p;ot
lng tho alteration of such a board, hvo
confirmed mo In the views I then held.
I am firmly of tho opinion that the law
In existent o ut the time of the change
was far preferable to fie present one,
nnd that this leslsla tire would lmpr.ivo
the fire und irollce udmlnl.itrutlon of Oma
Iia, by n re-enactment of the law cxl,t
Ing prior to tho last session of tho legis.
Hot't SiikuI' Itomtty.
Nebraska Is essentially an agricultural
state. Her growth, prosperity ar.d tho
Increase of wealth of her cltlzenj depend
very largely on tho success which we mjy
bo ablo to achieve In thu many different
branches of agricultural enterprise.
For a number of years our people havo
given much conshWutlcn to tho grownr;
of beets frcm which to manufacture su
Br. Two great fdulorles imvo Lto.i es
tablished within her borders for tho man
ufacture of sugar from tho sugar Lot,
At no time since the outablhhment of
olther of these factories, unless iHvhnps
In lS'Jl, on ucccuut of the drouth thut
season, has Dure been uny dearth In tho
production of sugar beets ample to tej:
the full capacity of enjh of these fuu
torlea during the reason of opcru,.ton. In
fact, thoso operating those factories havo
been compelled each season to refuse to
contract for a largo acreage of sugar
beets which the farmers desired to i re
duce, becuuso of lack of capacity for
caring fcr them.
Experience thus far has demonstrated
that wo posses In this state tho soil,
cllma'io and all things clo required to
grow tr.tls very useful plant ns udvnn-
iu,cutiii4; UO I,, ,, UkllUl iui null Ul 'UIU
country. That wo should mako tho moat
prontamo use ot tneso ravorubio condi
tions, I think we are nil in entlro accord.
Tho oxipciiniontul work engaged In. by a
department In tho state university In
determining tho moit approved method
of sugar beet culture, and In the dis
semination of the knowlcdgo thus ob
tained, as well as the analysis of sample
beets sont to tho university for that pur
pose, have greatly assisted thn practical
sugur beet grower. Tho helpful Interest
manifested by the university authorities
In this subject Is greatly appreciated by
all friends of sugar boot culture. Tho
growing of sugar beets and thn manu
facture ot sugar therefrom In the state
may bo ald to have fairly passed the
stage of experiment and Is established on
Orm foorlng. Tho acreage which could
profitably bo cultivated In this ono crop :
ulone 1 almost unlimited In extent. The
establishment of manufactories, thereby
permitting tho cultivation of much larger
acreage, Is greatly desired, and any on.
couru'gomont whldh could properly bo
glvou would meet with gencrul approval.
Tho preceding oosslon of tho legisla
ture parial an net for tho avowed pur
pjso of encouraging tho growth of sugar
beets and tho manufacture of sugar
I'horMfrum, by giving a bounty of tlve
uighth.s of 1 cent for each pound of sugar
manufactured within tho utato by fac
tories u I ready established, and 1 cent
for each pound of sugar manufactured
by factories to be established, providing
In each instanco that $5 per ton should
bo paid for t'.io beets purchased by such
factories. The same act nlso provided
for a bounty for tho manufacture of
chicory from chicory beets.
Under a conviction of ofllctul duty, be
hoving an act of this character unsound
in public policy otaI a wrongful of
tho 'power of taxation, I witftlrliold ex
ecutive approval from tho act referred
to, but it was passed nnd bocume a law
notwithstanding. Under tho provisions
of this act, claims were presented ngalrvst
t'ho tate, properly certified by tho sec
retary' of state, for sugar and chicory
manufactured during tho season of l&lft,
amounting to tho sum ot 117,690.31, and
warrants upon tho stnte treasury wcro
drawn therefor, notwithstanding no ap
propriation was mado by the leglslaturo
for the payment of such claims. For the
reason of U9tS it Is estimated In tho ro
port of the secretary of stato that 10.
801,700 pounds of sugar will bo 'manu
factured, which would make clalrrw for
sugar bounty amounting to J'iT.SK.Oi.
Upon the declination of the state auditor
to lssuo furthur warrant, suit was In
mtutod, which resulted In an opinion
from the supremo court adverse to Che
position taken by tho bounty claimants.
Tho result ot tho operation of this
bounty act has only served to confirm
mo in tlho vlows Which I then enter
tained. A claim agalnt tho stato aggre
gating mono than $115,000 has thus been
pormltted. Its liquidation seems a very
heavy burden on the alrendy overtaxed
citizens ot t'ho stato. Thoro has not as
yet been an additional aero cultivated in
beets or a new manufactory, with their
corresponding benoftts, secured to tho
state. To the claim of some that such
a bounty is for the benefit of the sugar
boot grower rather than tho manufae
turor, It Is proper to romark that Jus
tice to all Interests of tho stato would
hardly require that an Industry, which
Is admittedly remunerative, and which
thousands aro anxious to engago 1n ns
noon as factories are established to con
sume 'What ahoy may produce, shall bo
mado 'more remunerative at tho expense
of the vast majority of those engaged In
other branches of ogrlculturo who re
ceive too meagre remuneration ns a re
ward for their toll. What 1s moro to bo
desired than a bounty.whlch its wnrmest
advocates admit is only a temporary ex
pedient. Is a fixed and well defined policy
of encouragement by natural means ami
nuitunl co-operation between grower and
manufacturer, relying upon tlie para
mount conditions which surround us for
the full develpoment of this Industry.
That part of tho bounty nJt holding
out Inducements for the establishment of
new fnotorleB, which eeems to have been
unavailing, Is moro equltnblo and has
'mere foundation In Justice and reason
than that which helps support an Indus
tiy lttready established at tlie cxpenso
cf others loss favored.
Itoundory Conimloslnn,
ny Joint resolution of tho legislature of
the state of South Dakota and the legis
lature of thio state, the governor of each
rtato was empowered to appoint three
commlssiorers who, acting together,
wcro to ascertain and roport to the gov
ernor of each of said otates prior to tho
next session of the legislature a truo
and correct boundary lino between the
states of Nebraska and South Dakota,
together with a draft of a compact or
agnjomont to be entered Into hotween the
MatcM In sottleiment cf tho boundary
line. It nrmeara Uint for a lane lm
because of the changing of tho channel
of tho Missouri river, forming tho bound
nry thoro has been much doubt nnd
uncoitalnty respecting tho dividing line
between the two states. It has led to
mu?h confusion and difficulty among
thwo residing In the vicinity of the dis
puted 'territory-! and rendered uncertain
e.he Jurisdiction cf tho -courts of tlho ro
bpoctivo states, resulting in tho escap
from punishment of many violators ot
tl;e Iwu
In accordance with the authority thtin
given tho governor of South Dakota com
missioned Messrs, Andrew B., K. C.
Krlwcn and E. H. Van Antwerp to act on
tho part of South Dakota, und for this
stato I appointed Messrs. C. J. Smyth, KJ
A. Fry and J. W. Edgerton. Tho com
missioners Uius appointed met, organized
and discharged th duty imposed upon
them by such appointment. Their report
Is submitted herewith. This report Is ac
companied by a draft of a compact to bo
entered Into by the two executive of tho
states Interested whin authority has b ot
given for that purpoie by tho reicctlvo
lesUlnturea, all subjwt to the approval
or ratification of the United States con
gress. Tho line Intended to mark the bo-indiry
between tho two states was unanimously
agreed upon. It would nppeur that tho
pcrrcaneut establishment of the line ro
ugrced up'xi cannot bo fully accomplished
without congressional retlcn. If tho re
psrt of the Joint commission meets your
approval and you ratify It by proper legis
lation, It would ueem thut a memorial to
congress praying for Its ratification would
ba propor.
Fcom nt Court i'lorkn.
Tho clerks of the supremo and district
court are under the present law paid for
their services by the fees of thilr o.ll.ej
for services perforated Irrejpcctlvo of t1 e
amcunt of su.'li fees. This seems to
an unsatlrfuctory provision of law, nnd
1ms caused mere or less eccnpl-l t f'CT
thoso having work to bo performed In
such olllocs, ns well us creatli g a sen c
of Injustice In making no provision.! re
specting tho limit or amount of salary
which may bo received by such officers.
Almost every' other ofiloo known tolawhas
fixed und certain limits as to tho ralarirn
allowed and It would that the:).'
same general provisions should extend to
tho offices named. All fees received ought
to bo accounted for und nfter tho reten
tion by tho officer of a certain sum wh'ch
sliull be determined as a reasonable com
pensation and fair salary for tho riutlca
performed nil over Htul above such ntnount
should bo turned Into tho state treasury.
Constitutional Amendment.
Tho session of tho legislature, by
Joint resolution, submlttid twelve consti
tutional amendments to tho voter of tho
state for their ratification. One of tho
amendments so submitted provided for an
Increase In the number of tho supreme
court Judge from throe to five. Tho leg
lslaturo provided for tho election of two
additional Judges contingent on the adop
tion of this constitutional amendment.
Candidates wero nominated by tho differ
ent parties and William Neville and John
S. Klrkpatrlck wero elected, contingent
on the adoption of this amendment. Tho
section ot the constitution In relation ts
amendments provides that they shall be
submitted at a general election at which
senators and representatives aro elected
and If a majority of the electors voting
at such election udopt such amendments
the snmo Hhall becomo u part of the con
stitution. Tho leglslaturo also provided
that tho vote on the constitutional amend
ments so proposed should be canvassed
by the stute canvassing board, but gavo
to such board no direct authority to de
clare the result of uch election or to
determine whether such amendments were
Tho canvassing board canvassed tho
voto and found the number of votes euvt
for and ugatnst each of tho proposed
constitutional amendments nnd also thn
total number of electors voting ut sn'd
elccriCTi upon alt propositions nnd mado
the qualified finding that If It took u ma
jority of all tho voters voting at such
election for uny purpose thut said amend
ments wero lost, u majority of tho can
voiislng board being of the opinion that
this was the proper basis upon which to
determlno tho adoption of such amend
ments. This doctrine doy not appear to bo sup
ported by the totter weight of uuthorlUts
In well considered cuseu, and has Leon
distinctly repudiated by our own suprtmo
court, w)iljh, .in u cujo reporud in tho
lith Nebraska, continuing this tiectloii of
tho constitution huld that the "votes nec
essary to adopt nn amendment be a
majority of utt thoso coot In the state
ut thut election for senutor and represen
tatives." This opinion was expresied by
two of tho Judg'.a, only one dlssetitlni;,
holding that tho section of tho constitu
tion under consideration should ba con
strued to require only a majority of tho
votes at such election cost upon tin prop
osition for the adoption or rejection of th
umenuments submitted for that puriMo.
In a more recent cate, reporud In tho
47th Nebraska, pago 417, In considering a
similar question the court again repudi
ated the doctrino thut the total number
of electors voting at the election was ti.u
proper basis upon which to determine
tno result on uny particular proiosltlon
r.nd quotes approvingly the language of
another court In defining the word "voto
to niei.i an expresy.on of tho clvolc, of tha
voter for or against any measure, ur.y
law or tho electiun of any pir-jon to of
fice. The canvassing hoard was unab'.e to a--oortaln
the number of votes cost for tho
election of senators and representatives
and the result of tha election us U iho
adoption of theso constitutional nmcnd
monts. It would seem, cannot be correctly
determined without a recanvas-i of tha
votes cajt upon this proposition wid on
ascertainment of tho totul votes cast
for senators and representatives to com
ply with the construction given to this
section of tho constitution by the supremo
Atturnoy Gouernl's Report.
I request jour attention to tho report of
the attorney-general wherein ho suggests
tho advisability ot amending some ot tho
laws of tho stato which have como undor
his personal observation In the conduct
of his office. An act was passed In Vi'M
providing that all railroads touching the
same point In this state should build and
maintain transfer switches for common
use In transferring freight In carload lou
from one buch railroad to another. The
attorney-general reports that at tha tlmo
of entering upon the duties ot his oflico
two cases weio pending In the district
courts for tho purpose ot compelling the
railroad to put In transfer switches as
contemplated by this action of tho stat
utes, upon tho trial of thoso cases tho law
was held to be unconstitutional and In
each caso upon different grounds: that
upon appeal to tho supremo court, the law
was hold void, but upon still different
"This matter," says the attornoy-gen-eral,
"ought to be a subject ot legislative
enactment, but great care should ba ob
served In tho preparation of such a meas
ure so that there could exist no constitu
tional objections to the same."
In this report, the attorney-genernl
recommends an amendment to cover Im
perfections pointed out In section 13, ot
chapter IV., of tho criminal code, ontltled
"Violence to person not resulting In
death." He suggests amendments to sec
tion 93 In relation to Injuries to railroad
and telegraph property, nnd also to sec
tion 344 ot the criminal code making the
robbing of a grave vt a dead body a
felony Instead of a misdemeanor, as at
It occurs to me that these recommenda
tions are worthy of your consideration,
and that tho statutory provisions referred
to would be Improved by the amendments
ToiincHsiui Centennial Exposition.
The centennial anniversary of the admis
sion of the s;ato ot Tennessee Into the
union will be celebrated by an Interna
tional exposition at Nashvllto from Hay
to November, U97. Heallzlng tho Import
ance ot having Nebraska and Nebraska
produots represented at this expoiltlon, at
tho request of the management, I ap
pointed the following commUslon to cars
for tno. Interests ot our statu; Meiri, J,
J. Butler, Lincoln; Joseph OberfeMer, Sid
ney: .H. D. Crawford, York: Krnil Don
nlnghoven, Omaha: and Nick Fritz. Pen
der. This commission has taken the nec
essary preliminary steps for the repre
sentation of Nebraska and nn exhibit of
her products. This cannot bo succefully
accomplished without assistance from you
by a reasonable appropriation with which
to defray tho necessary expenses.
Trnno-Mlsslsslppt Exposition.
During the summer and autumn of 189J
Nebraska will bo visited by thousands and
hundreds of thousands of citizens of other
states. The trans-MlssUslppl exposition
will bo held from Juno until November at
Omaha and will undoubtedly attract peo
ple In great numbers from every section
of the country. Various national organ
izations nro arranging to hold their annual
sessions at the Nebraska metropolis In
1R9? so as to avail themselves of an oppor
tunity of visiting the exposition whllo at
tending their meetings. I feel safe pre
dicting that the trans-Mississippi exposi
tion at Omaha will bo the greatest exposi
tion of the products of tho great west ever
This project had Is origin more than a
year ago at the Omaha session of tho
trans-MlsslsilppI congress. Prominent men
of that city promptly formed an associa
tion with a capital stock of $1,000,000, of
which more than $400,000 has been sub
scribed. The first assessment upon this
stock has been paid and the affairs af the
nseoclatlon are In good financial condi
tion. Tho organizers and promoters are
men of business ability, Integrity and good
financial standing: the organization U
strong nnd the capital adequate. Congrew
recognized the Importance of the exposi
tion by an appropriation of $200,000, which
It Is expected will be Increased to holt a
million. The leglslaturo of our sister statt
of Iowa has made a preliminary appro
priation of $10,000, nnd. tho Iowa friends
of tho enterprise predict an additional ap
propriation of $05,000 at tho next session.
The legislature of Utah and Louisiana
have passed resolutions pledging tho sup
port of their states to tho, exposition and
liberal impropriations are expected from
all tho states and territories in the trans
Mississippi country.
This exposition will unquestionably ac
complish great good In bringing together
tho varied interests of the west and serve
to cement the already friendly relations
oxlstlng between the western people. It
will do for the west what tho Atlanta
exposition has done for the south, but in
a larger degree. Naturally Nebraska will
profit largely by having this great expo
sition held on her soil. Interested visitors
will learn of tho great opportunities our
state offers for Investment and Immigra
tion. You will be called upon by the manage
ment of the trans-MIsslsslppt association
to make an appropriation to aid the enter
prise, and I trust that the financial as
sistance given by you will be liberal and
sufnlent, so that our sister states and ter
ritories west of the Mississippi may be
thereby encouraged to lend their substan
tial aid.
I extend to you In conclusion my hearty
co-operation and tost support ,ln ever
effort you may make to advance the In
terests of Nebraska and the welfare of
our fellow citizens. I hope your stay In
tho capital city may be pleasant and that,
having diligently attended to the affairs
which call you here, you may return to
your homes with the satisfaction of having
faithfully performed your duty as repre
sentatives of a free people.
Executive Chamber, Lincoln, Neb., Jan.
7, 1S97.
A. French Millionaire Who Itegged 111 the
Street und Died In Kit til.
A raiser of tho story-book typo
illed n few weolcs ago in Auxorro,
t'runuc. Although ho novorhnd wifo
or childron ho was known to all per
sons In tho city as "I'npn Floutclot"
Ho had boon a public llgtiro for a
gcncrutlon and could be soon dully.
In storm or sunshine, tottering In his
rags through the streets to author
odd bits of uoal und wood und cigar
stumps. When ho begun his work:
in tho city thoro' wero tho usual ru
mors thut ho wus rich and miserly,
but thoy woro soon dlspollod by the
abject filth and want in which he
lived und by his Importunity in bog
ging. 1 upa r'lcutolot died In his eighty.
fifth year, und wus buried in thn. pot
tor's field. Tho French police, who
suspect everything, still suspected
tho old man's pretenses of poverty,
despite tho recent sniffing of publio
opinion, und thoy bourched tho hut
In which ho hud lived und died.
Filth wits anlclo deep upstair nnd
knoo deep in tho cellar. Thu llrst
jourch wus rewarded ouly with tho
discovery of 40J bottles of bordeaux
vintago of 1790. Tho second sourch,
however, revealod a holo in tho ool
lur wall behind a pllo of indoscrlba
bio dirt. From this holo tho police
dragged a chest, und in tho chest
thoy found tho treusuro. From top
to bottom It was stuffod full of mort
gages, government bonds, shnros In
stock companies and tltlo deeds. All
showod tho keonnoss of Papa Flouto
lot In investing his savings, for
without e.xcoptlon tho securities woro
of tho highest class. Tnolr faeo val
uo was 1,000,000 francs, but us many
of tho bonds and stocks aro uImvo
pur thoy can bo sold for u much
turgor sum.
For moro than oloven yours tho old
mun had negloctcd to ollp his cou
pons. Ho hud lot them acoumulnto
until thoy roprosontod u market vul
uo of 11O.000 francs.
Among tho many pieces of real
trstute whoso ownership was rovoulod
by tho con ton ta of tho chest is u
largo tract of land near Vlllunouve-sur-Vonno.
On this land thoro nro
100 acres of fine forost ami suvm-ul
uulldlngu of undent lndostrtiollbltj
make. It had boon moro thnn forty
years sinco unybody ut lllonouvo
know who ownad tho ostato. When
I'lipn Floutclot dlod in his hovol. but
twonty centimes, or less than llvo
:ents, wus his total cash capital. As
was oxpoctod, tho usual numbor of
uolrs huvo uppearod slnco tho old
man's body wus uurlod In tho potter's
Hold. Thoy tuTcot to bollovu thut
still moro treusuro Is concealed In
tho hut, und thoy tiro taking It down
ploco by ploeo In tho hopo of enrich
ing thomsolvos.
Oklahoma "yonnrri" llulnu EJoctod.
l'KiuiY, Ok., ,lun. 8. Oflkora aro
oieotlng today "soonorV1 holdliiff
claims on the linen of the I'ouca, Otoo
and Missouri und Osage Indian rosor
rations In nceordnneu with a decision
of Secretary l It. Francis in which h
reversed cx-Seerotary Smith. It U
feared mach trouble, '.vm vsult
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