Hf % . governors message
VCrfERY LONG AND ABLE
alfC DOCUMENT.
| w
K j jA\ The NobraBkn IZxccutlvo IIhcu8 * > c3 State
B llleim AfTalrK Thoroughly nml With Becoming
HXfaf/j I IMsnlty Defend * the Stuto anil 3Iakcs
m mWmwj&I' -il dumber of Itcronimendutlona.
V flk SECTION' FOUIS.
B ' P/h - . r * ' . Ktnto formal School
L JfAfi * Tic state normal school located at Peru ,
aKt ? -appears to be performing the work for
V Bv -which it was constructed In a very satls-
B B > factory manner , and meeting the full ex-
B * Hf ) pectatior.s of the friends of education all
R > K& over the state. I am advised that the atm -
M mWrk tendance cf those who are preparing them-
m m B of [ J1 selves to become Instructors in the public
! Mr/ schools is fully up to if not surpassing its
k kW mWgi previous history. That the educational
mUBPn1work in all of its branches Is being suc-
Ky -eessfully prosecuted , is evident.
VHM Your favorable consideration Is invited
mPJU * to the requests of the board of trustees
H4H for appropriations needful in conducting
H BMKlg \ the alfalrs of the school for the coming
V BCS \ 'biennial period. Considerable is asked for
paBBaH ] | in the construction of new buildings. In
B H& ; -view of the state's 'finance and the ever
BMHy increasing burden of taxation , I am not
psa& Bfts "prepared to favor any appropriation for
KjSjpL new structures at the different state In-
t i titutIons , except where , after a thorough
J investigation , they seem to be absolutely
KVaaB required in order that the institution may
paHv 'fheiet5y carry on the work for which it
H Rl -was intended , and where the withholding
K Hf of such appropriations would cripple the
BHlafS -usefulness of such lnstItuons. _
.
t Bl. ,
HB V * "Maximum I'relssht Law.
B B * 7t is provided in section 4. of article 11 ,
Jflm of the constitution , that "railways here-
k kwMS ttofore constructed , or that may herc-
P pH after be constructed intills state , are
l k kWW ( hereby declared -public highways , and
Hf Khali be free to all persons icr the trans-
j P Hr * • perta. 'iuon of their persons" and property
P P H v thereon , under such regulations as may
P PHE > 'be prescribed by law , and the legislature
P PJRI 1 may. from time to time , pass such laws
P PUl / -establishing reasonable maximum rates
P PJPjj of cfnarges for 'the transportation of pas-
Hff .seng-crs and freight on the different rail-
P RS roads in this state. The liability of rail-
P KK' "way corporations as common carriers
P pKjP -shall .never be limited. "
P PSI Section 7 provides : "The legislature
P P U eSiail pass laws 'to correct abuses and
P P PJ prevent unjust discrimination and extor-
P P H Cion in all charges of express , telegraph
P P H _ .and railroad companies this state , and
P P KV • enforce such laws by adequate penalties
P PP&W * V to the extent , if necessary for that pur-
"
P PHp " pose , of forfeiture of their property and
P P franchises. "
P pPH Under the constitutional power thus
P P ? V , conferred , efforts have been made from
PP S P time to time by the different legislatures
PBw to enact laws to establish reasonable
P pHE maximum rates and to prevent discrimi-
P pWn nation and abuses ito the patrons of such
Ppfrj reads. The legislature of 1S93 enacted a
P Pji ' max ' am freight rate law which -was ap-
PHjK I vz\ by the governor , and thereby be-
P PJk I cfj one of the laws ofahe state. The
P P Bl enft. cement of this law was resisted by
P P K : different ra'ilway companies , and a suit
P P PJ instituted to prevent the board of trans-
P P H- < - porta'tion from enforcing -the provisions
P P H of Che act. A trial ina federal district
P P PI court resulted adversely to the state , and
P Hb/ the last legislature made suitable v o-
k Lm\f ' visions for the prosecution of a writ of
P PHe error from -the judgment of the district
P P H -court to the supreme "court of the United
P P P ? States. It 'was presumed at that time
P P P that the case could be taken on appeal
P PBg or error to the supreme • court , and -there
P piy disposed of in a short time and the valid-
P Pftjv i'ty ' of the act in question be determined.
P piLL An argument of the case was had in the
P pHb supreme court in the year ISS5. A rc-
P P F. 1 argument afterwards was ordered. This
P P | Jk. , has not yet been done. For some reason ,
P Pki ' -to me unknown , a stipulation was entered
P P LI -into letween those representing the state
P PPB and the attorneys for the railroads , post-
P PHh poning a hearing en a motion to advance
P PHi the case for reargument until seme time
HPa during the present month , and it seems
P HJK < now hardly reasonable to expect a final
P PP2 decision on this important question until
P PIB some time during the spring months.
P pBj I am unable to lead myself .to believe
P PB > | that the delays occasioned in the final
P PBV shearing of this case are at all necessary ,
P PHr , but , on the contrary , am strongly lm-
P PF ] pressed with the conviction that the case ,
P 4 being of so much public importance.
Hj ) ought to have been finally disposed of
P PHh' ' lon r ere this. It seems to me that the
P PP Grave questions involved are of sufficient
P PBL -IcroorCan'ce ito warrant an order of ad-
PPjB ) va.ncement by the tribunal hearing the
P Pjha case , and a decision at the earliest ep-
P PUP * -portunity consistent with its proper con-
P PP J sideration bythose who have ito pars
P H i VPon the legal questions involved. It is
P PV\1 < to be hoped 'Xiat a final and speedy hear-
P Py&l ingw.Tl be obtained at an early date ,
P PM and thus enable the people of the state
Hk to ascertain - whatif any , further cr dif-
Hf ferer.t legislation maj * be required in cr-
P PK ) -der to carry out the Intention cf the pro-
Pjg visions of the constitution just quoted.
P H I "Urjtil the case is finally determined , it
P PCL < would seem that nothing further in the
P PPf way of enaciting a la-w establishing reaP -
P PBJ sonal > ! e maximum freight charges -by the
P PBI * -legislature can with safety be attempted.
P V ) Uor.rd of Trunsportatlon.
P PEv } Under the second constitutional pro-
PJPP ! | vision , the legislature has estatC-shed a
PPJj&j 'hoard of transportation , giving to such
pSyjT board power to prevent unjust discrim-
PBCn ination , and to fix reasonable rates tor
PflpBf the earning of freights , and in general
H Pjl . < o carry out "the rsrovlsions of the act
P PHE creating such board. A board thus esP -
P pffl tablished , properly enforcing t'ae law ,
P PK'i i can serve a good purpose In preventing
P PMt-r * ' " ' -unjust discrimination or exorbitant rates
P H [ .for the -carrying of freights by t' ' .ie dif-
P PB/ / ] iferent railroads of the state. Its useful-
P PEI ness depends very -much on its abCilty
P PRj to enforce the laws. If the board has not
P PP/i sufficient authority , as now constituted ,
P PPf ] to fulfil the objects of its crea'tion. ' the
P PJE I law should be amended so as to-give it
P Pw more extended powers. The necessity for
P PJT J { the maintenance of an office charged
P PP { -with thedutics of enforcing all provisions
P p . ofthe law regulating railroad traffic in
HB J . the state , 5s quite obvious to all.
P | sC - • The people of the state , I am satis ed ,
P Pfc prefer an elective rallrvAd con missrlon
PJPBL rather than the commission as now cre-
P PS sited. This they are unable ito accom-
P P piish until our fundamental law shall
B Tie amended providing for these adai-
WM tionr.l executive oflicers. A constitutional
Xv amendment looking to tnnt end -was sub-
Bk/ mitted to the electors at the last general
PP election , the adoption of which is quite
PP -doubtful. Until such a commission can
P * " oe provijied for by constitutional a nend-
H .ment. vrliatever relief that ma.y be cb-
flj tainedmust be secured through a board
B of transportation or railroad commission
PJ | composed of executive officers already
B created by the constitution. I am unable
K to see why , if an elective commission
PJ may be empowered to give to the p&opio
K .any relief from unjust discrimination or
K overcharges , why the same powers may
* B " " not be given to a commission composed
- . - of executive officers , as now existing un-
t | | der the constitution.
-t lany other states have commissions
7jTT i < ? Mher created by the constitution cr
"
u ( * otherwise. whoe duty it is to regulate
Sj ' _ and control railroad , • telegraph and ezz-
" " , press traf3c. The work cf these com-
snissions inmany states seems to bo
Aer > - zaxl = factory. A study of the re
ports of these different commissions is
quite in-teres'tlng. and secures to one
-ranch valuable information respecting so
important a subject.
I am of the opinion that our board
of transportation laws -may be amended
in many respects so _ as _ _ o give greater
powers and more latl'ude in " the ' opera
tion of the hoard In the enforcement of
the law , thereby assuring a better admin
istration of 'Uhis Important 'feature of
sta'te ' government. It would also seem
advlsablo to r've to a hoard of transpor
tation not only the iCght to control rail
road • traffic , but also that of telegraph
and express companies doing business
between poinds within the state.
This entire -matter is submitted to you
vri'Jh the hope that , if any changes in
our present law are found to bo advis
able , the subject may be Icoi'slated upon
hy you so as to bring about equitable
dealings between these several corpora
tions and their patrons. While protect
ing the rights of the individual , every
consideration which wisdom and justice
requires should be given to the corpora
tion whose business 13 thus sought to ibe
xegulated.
fobraska fntlonnl Gunrd.
The report of the adjutant-general
shows that during the past two years ,
• the national guard In 'thl3 state has
made great inriprovement in Its knowledge
of military duty , and that the equipment
is sufficient , - withne exception of a
few articles , to enable it to take the field
for active service in or out of the state.
There is yet much to be done to bring
the guard up to the accepted standard
of efficiency , and that can be accom
plished only by careful , theoretical in
struction of the commissioned officers
in military science and practical instruc
tion of the whole guard dn annual en
campments. The national guardsmen are
volunteers ready for duty whenever
emergency demands their services. Ey
personal application , and in a great
measure by their own expense , they are
learning the routine of the drill , the re
quirements of military discipline and ac
quiring the minutia of duty.
The proper maintenance of the na
tional guard of the state requires that
reasonable appropriations should be made
to bring the services to a high state of
efficiency. While the law expressly pro
vides for annual encampments for instruc
tion , the appropriations have heretofore
beam insufficient and only one encamp
ment had' been held during each biennial
period prior to my administration. After
the encampment at Hastings in 1S93 , It
was found that a great saving had been
made by economical management , and
the officers of the guard in consultation
were unanimously of the opinion that
the good of the service and requirements
of law demanded the annual encamp
ment held at Lincoln in 189G. While the
available appropriation was insufficient
the guardsmen were willing to accept
half pay and look to this session of the
legislature for the balance. The two en
campments were held at an average cost
of S14.210.S7. a saving ot $4,342.27 on each
encampment. a3 compared with the en
campment of 1894.
The indebtedness of the guard as a re
suit of the last encampment is S5.441.4
more than there remains of funds on
hand. Several hundred dollars will be re
quired to bear expenses until the end of
the biennial period , increasing the de
ficiency to about SC.C00. A slightly in
creased appropriation over that usually
made will enable the guard to comply
with the requirements of the law in the
matter of holding annual encampments
and keep the service in a high state or
efficiency. This would seem to me to be
advisable. The excellent condition of the
state's militia is due in a great measure
to the efficient management of the ad
jutant-general. Brig.Gen. . Patrick H. Bar
ry. The guard is also indebted to Major
Edmund G. Fechet , of the Sixth cavalry , .
U. S. A. for valued service in instruc
tion.
tion.Your attention is Invited to the need cf
a thorough revision of the militia lavIt
has been found that the present law , in
many instances , does not meet the re
quirements , and also , that several of the
sections are exceedingly ambiguous. Tour
attention is especially invited to section
22. which is clearly in direct violation of
tins laws of the United tSates.
There are now deposited in office of the
adjutant-general the battle flags of
First Nebraska infantry , and the flags
and guidons of the First Nebraska cav
alry , together with other very valuable
relics of the late c/vil war. I would
recommend that these flags be placed in
hermetically sealed cases to preserve them
from atmospheric destruction. As these
are symbols of the heroism of Nebraska
volunteer soldiers , they should be guard'3d
sacredly by the state
Labor Baroaxi.
The bureau of labor and Industrial sta
tistics has been greatly handicapped by
the meagre appropriations made by the
last legislature. This bureau should be
maintained and suitable appropriations
made in order to carry on the work in
tended by Its creation. The gathering sta
tistics and information of the condition of
the varied forms of labor and of th * .
value of its products is an important mat
ter and of great benefit to the people.
The extension of the work cf this bureau
might very properly be made so that it
would become a means cf communication
between -employers and those desiring em
ployment , giving it the features of an em
ployment bureau in addition to those it
now possesses , with suitable provisions
and restrictions for the prevention of un
necessary burdens by those who avail
themselves of the opportunities thus af
forded.
It is hardly to be expected that the work
of the bureau can be brought to a higher
state of usefulness unless provisions are
made for travelling expanses in visiting
many portions of the state for the pur
pose of securing needful information and
data. This phase of the work cannot be
carried on satisfactorily by means of com
munication through the mails.
The time , also , seems to be ripe for the
making of some suitable provisions for
the gathering and dissemination of information
mation looking to the securing of desirable
immigration to assist in further develop
ing the many and varied resources or
th'3 > state. If it meets the views of the
legislature to take action for the en
couragement of immigration to the state ,
I would suggest the advisability of util
izing the labor bureau. An appropriation
of a few thousand dollars a year , if
wlBely and judiciously expended , woulc
probably accomplish much in dlrecrin&
immigration to the state.
A short time ago an organization was
perfected by a large number of actri e and
energetic citizens of the state under the
name of the Nebraska club , the object of
which i sto encourage immigration. In
the event an appropriation for immigra
tion purposes is deemed advisable , and
you should determine it would better
be expended by some other means than
that heretofore suggested. I doubt not
that this organization could very safely
be entrusted with such expenditures , and
that the same would be made to the very
b = st advantage , accomplishing as much
as could be expected through any other
course. The organization is already per
fected and in active operation and is com
posed of men of high character who are
devoted to the upbuilding of the tate and
are well worthy of such encouragement
as would be given them by an apy.opii-
aticn of this character.
Department or Bnnlvinfr.
A banking board , composed of the state
treasurer , auditor and attorney-general.
1-as been created by law for the purpose
o examining into and reporting at fre
quent intervals upon the financial condi
tion cf the several banking institutions
< C the state , excepting those organized
under the national panlring law. Th ? wis
dom of this law and Its usefulness to the
people of the state is quite apparent.
"Under the present law when for any rea
son a. tank suspends and i/--becomcs nee-
c-rsary to appoint a receiver to close up
its affairs , the receiver is appointed by
the district court , to whom he makys
.i "ii i i ii un. mtm&S * * • t
reports rrom time to iimo concerning mat
ters In relation to his receivership.
1 am of the opinion , and I understand
this view is shared in by all member * cf
• he banking board , that the law should
be amended so that this board should ho- . ' *
the control of the suspended institutions
until the creditors are fully provided for ,
and that the appointment of a receiver
and the disposition of the assets should be
I'nder the control of the boarJ , rather
than the courts. As the law now viands
\lv\ board ceases to have any connection
with the bank when its door3 are rlosee.
and the matter is entirely left witii the
district court. I can see no reason why
the interest of the creditors of a sus-
ronded bank may not be better cared for
by the banking board , who have more or
less knowledge regarding the institution
prior to its failure and who will be in
a position to close up its affairs more
expeditiously and with less expense than
the district court. All litigation growing
out of such suspended Institution should
come within the jurisdiction of the dis
trict court , where it properly belongs. It
also appears that the provisions of the
banking law are not broad enough to in
clude loan and trust companies organized
within the state , which It seems to me
would be proper to have under the control
and supervision of this department. The
strengthening of the law for the purpose
of giving better protection to the drsi-
posltors of the bank wherever possible
should be made.
State Fish Commission.
An honest effort on the part of the fish
commission to perform th-3 greatest pos
sible service to the state with a small
outlay for expenses has evidently been
successful. The various streams of the
state and many public and private lakes
and ponds have been well stocked with
the best varieties of fish. Needed repairs
and improvements , involving small ex
pense have been made at the state hatch
eries under direction of the superintend
ent. The report of the superintendent of
the state hatcheries at South Bend is re
plete with interesting facts and valuable
information. The state has about 517.C00
invested in property at the hatcheries.
The plant is well equipped and in readi
ness to continue the work successfully.
I am of the opinion that the results at
tained by the commission justify a con
tinuation of legislative support to the ex
tent of a reasonable appropriation for
ttoa needful expenditures in carrying on
the next biennium.
LIve Stock Inspection Law.
The live stock industry of the state 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 , the legislature at differ
ent times has enacted laws to prevent the
spread of contagious or infectious diseases
and providing for the appointment of a
live stock sanitary commission , including
a state veterinary surgeon. This law , it
seems , was found to be crmbersome and
expensive and for a number of years the
legislature has failed to make any ap
propriation for the purpose of enforcing
its provisions , thus rendering it obsolete.
During the past two years many commu
nications were received by this depart
ment from people all over the state mak
ing inquiries respecting the state veterin
ary surgeon and desiring his services for
the purpose of examination into the con
dition of live stock supposed to have , con
tagious or Infectious diseases. To the
many requests for the services of a state
veterinary surgeon no satisfactory re
sponse , could be given because of the
want of an appropriation to defray the
salary and expenses of such officer.
During the month of August last , not
withstanding the annual quarantine
proclamtion prohibiting the shipment of
cattle from certain territories where the
southern or splenic fever exists.shipments
of southern cattle affected with this dread
disease was unloaded at Germai 1wn.
Seward county , Nebraska , and placc-d in
a pasture in that vicinity. It was soon
discovered that the cattle were infected
with this disease , but not until a num
ber of native cattle had become infected
and died. Considerable loss of native cat
tle occurred and there was much alarm
among the citizens of the vicinity gener
ally who feared a much greater lo3S to
the cattle industry in that portion of
the state. I deemed this emergency to beef
of sufficient importance to avail myself
of the provisions of the law to check the
threatened spread of this disease. A state
veterinarian was appointed , as well as
two live stock inspectors , who at once
took charge of all cattle within the terri
tory , affected and established \ quar
antine lines , taking prompt r . .ures to
stamp out the disease. Their efforts were
successful , and , since the approach of
winter , the danger is passed. The neces
sity for this action required the ex
penditure of a small sum of money and
the Incurring of some further obligations
in order that the work might be made
effective. An account of necessary ex
penses will be presented to your body in
a report from the state veterinarian thus
appointed and I recommend an appropri
ation for its payment.
Another shipment of cattle similarly
affected was unloaded later in the season
in the northwestern part of the state
in order to prevent any spread of the
disease , the sheriff of Sioux county , in
which the cattle wers unloaded , was in
structed to keep them confined in one
place and prevent them coming in con
tact with any other stock in that portion
of the country until an examination might
be made by the state veterinarian and
the spread of the disease prevented.
Some additional expense was incurred in
connection with this matter.
These two instances emphasize the nec
essity of making provisions for the better
protection of the live stock interests of
the state. The law. as it stands , may b3
amended so as to render its enforcement
of comparative small expense to the people
ple cf the state , and yat be made very
effective for the purpose of preventing
the spread of contagious or infectious dis
eases and the consequent loss of valuable
live stock. If the law could be so emend
ed as to empower a state veterinarian to
establish and enforoe rigid quarantine
regulations wherever required without th *
necessity of the interposition of live stock
Inspectors , I believe much good could
be accomplished with but little expense.
A bill amending the present law ha-s
been prepared by those Interested in vet
erinary surgery in the state , the provi
sions of which largely overcome the ob
jections existing in the present law and
at the same time make ample provision
fcr the protection of this important in
terest. I trust that you will be able to
reach a satisfactory conclusion that will
make it possible for the proper author
ities upon all necessary occasions to
promptly prevent the spread and , as far
as possible , eradicate these evils affecting
the live stock interests of the state.
FIre and Police Board.
Experience and thoughtful consideration
on the part cf law-making bodies seem
to have demonstrated the wisdom of re
moving as far as possible from political
Influences matters pertaining to the p ice
and fire departments and the regula-.ion
and sale of intoxicating liquors in the
larger cities cf the union. This can bst
be done by placing in the hands cf th3
chief executive or other state officers the
appointment cf the members who shili
L-ccisiitute such lrc-ards. This prJIey hs
been adopted in our own state , and , rrlcr
to the last session cf the legislature , th
1-w i.i this respect provided that the
-embers of the board of fire and p > l : e
sorronissioners shcnld ba appointed by
Iho governor , restricting the appointment
; f not exceeding two to any one poiitijal
> arty , providing for a raemberahip of four
: o be thus apprinted with the maycr of
: he city a member ex-officio of such com
mission. The last legislature , under the
pretense cf correcting abuses alleged to
iave existed under the cia-ingericirt of tha
'
_ _ _ _ _ _ , *
t
fire arte police board of the city of Oma
ha , changed the law then fa exhtenco
by reducing the membership cf such com
mission to three , not Including the maycr.
and providing for ths appointment of
such commission by the governor , the at
torney-general and commissioner of publl ;
lands and buildings. I regarded this mei3-
ure us purely partUxn , enacted- for the
purpose of taking the appointing power
from the hands cf the governor and giv
ing the controlling vote to two ni - * ' r3
belonging to the party which dor. tel
in the legislature. It also appeared to
me that it was unwise to exclude rm
the lire and police board the chief exec
utive officer of the city , and fcr these
and other considerations , I withheld ex
ecutive approvul from the bill thus on-
acted.
The administration of the affairs under
the provisions of the preaent law , and
knowledge gained since that time respect
ing the operations of sucha board , have
confirmed me In the views I then held.
I am firmly ; of the opinion that the lav/
in existence at the time of the ch.mg2
was far preferable to the present one ,
and that .this legislature would improve
[ the fire and police administration of Oma-
I ha , by a re-enactment of the law cxI ot-
ing prlcr to the last session of the legis
lature.
Boot Sujrnr Bounty.
Nebraska is essentially an agricultural
state. Her growth , prosperity and the
increase or wealth of her citizens depend
very largely on the success which we may
be able to achieve in the many different
branches of agricultural enterprise.
For a number of years our people have
given much consideration to the grow.ng
of beets from which to manufacture su
gar. Two great factories have been es
tablished within her borders fcr the man
ufacture of sugar from the sugar beat.
At no time since the establishment of
either of these factories , unless ] > erhaps
in 1SU4 , on account of the drouth that
season , has there been any dearth in the
production cf sugar beets , ample to test
the full capacity of each of these fac
tories during the season of operation. In
fact , those operating these factories have
been compelled each season to refuse to
contrr. t for a large acreage of surar
beets which the farmers desired to pro
duce , because of lack of capacity for
caring fcr them.
Experience thus far has demonstrated
that we possess in it-his state .the soil ,
climate and all thing3 else required to
grow tftis very useful plant as advan
tageously as in any other portion of the
country. That we should make the most !
profitable use of these favorable condi
tions. I think we are all in entire accord.
The experimental work engaged in by a
department In the state university in
determining the most approved method
of sugar beet culture , and in the dis
semination of The knowledge thus ob
tained , as well as the analysis of sample
beets sent to the university for that pur
pose , have greatly assisted the practical
sugar beet grower. The helpful interest
manifested by the university authorities
in this subject Is greatly appreciated by
all friends of sugar beet culture. The
growing of sugar beets and the manu
facture of sugar therefrom in the state
may be said to have fairly passed the
stage of experiment and is established on
firm footing. The acreage which could
profitably be cultivated in this one crop
alone is almost unlimited in extent. The
establishment of manufactories , thereby
permitting the cultivation of much larger
acreage. Is greatly desired , and any en
couragement whiein could properly be
given would meet with general approval.
The preceding session of the legisla
ture passed an act for the avowed pur
pose of encouraging the growth of sugar
beets and the manufacture of sugar
therefrom , by giving a bounty of llve-
yighths of 1 cent for each pound of sugar
manufactured within the state by fac
tories already established , and 1 cent
for eae'h pound of sugar manufactured
by factories to be established , providing
in each instance that So per ton should
be paid for 'One beets purchased by such
factories. The same act also provided
• for a bounty for the manufacture of
chicory from chicory beets.
Under a conviction of official duty , be
lieving an act of this character unsound
in public policy and a wrongful use of
the power of taxation , I wrth'hheld ex
ecutive approval from the act referred
to , but it was passed and became a law
notwithstanding. Under the provisions
of this aot , claims were presented against
the state , properly certified by the sec
retary of state , for sugar and chicory
manufactured during the season of 1S95 ,
amounting to the sum of $47,690.31 , and
warrants upon the state treasury were
drawn therefor , notwlt'nstanding no ap
propriation was made by the legislature
for the payment of such claims. For the
season of 1S96 it is estimated in the re
port of the secretary of state that 10 , -
861,700 pounds of sugar will be ananu-
faoturedwhich would make claims for
sugar bounty amounting to J67.SS5.62.
Upon the declination of the state auditor
to issue further warrants , suit was in
stituted , which resulted in an opinion
from the supreme court adverse to the
position token by the bounty claimants.
The result of the operation of this
bounty act has only served to confirm
ma in the views Which I then enter
tained. A claim against the state aggre
gating more than $115,000 has thU9 been
permitted. Its liquidation seems a very
heavy burden on the already overtaxed
citizens ofthe state. There has not as
yet been an additional acre cultivated in
beets or a new manufactory , with their
corresponding benefits , secured to the
state. To the claim of some that such
a bounty is for the benefit of the sugar
beet grower rather than the manufac
turer , it is proper to remark th2.t jus
tice -to all interests of the state would
hardly require that an industry , which
is admittedly remunerative , and which
thousands are anxious to engage in as
soon as factories are established to con
sume what 'they may produce , shall be
• mode more remunerative at the expense
of tihe vast majority of those engaged in
other branches of agriculture who re
ceive too -meagre remuneration as a re
ward for -their toil. What ds more to be
desired than , a bounty.which its warmest
advocates admit d3 only a temporary ex
pedient , is a fixed and well defined policy
of encouragement by natural means and
mutual co-operation between grower and
manufacturer , relying upon the para
mount conditions Which surround us for
tiie full develpoment of this Industry.
That part of the bounty act holding
out inducements for the establishment of
new fa'ctories , which seems * o have been
unavailing , is snore equitable and has
mc-re foundation in justice and reason
than chat which helps support an indus
try already established at the expense
cf others less favored.
Boundary Commission.
By joint resolution of the legislature of
the state of South Dakota and the legis-
icjture of t'hl-s state , the governor of each
state was empowered to appoint three
commissioners who , acting together ,
were to ascertain and report to the gov
ernor of each of said states prior to the
next session of the legislature a true
and correct boundary line between the
states of Nebraska and South Dakota ,
together with a draft of a compact or
agreement ito be entered into between the
states in settlement of the boundary
line. It appears that for a long time.
because ofthe changing cf < She channel
of the Missouri river forming the bound
ary line , there has been much doubt and
uncertainty respecting the dividing line
between the two states. It has led to
much confusion and difficulty among
those residing In the vicinity of the dis
puted territory , and rendered uncertain
the jurisdiction cf the courts of the re
spective states , resulting . the escape
from punishment of many viclatccs of
the law.
In accordance with- the authority thus
given the governor of South Dakota com
missioned Messrs. Andrew E. Lee , E. C.
Erlcson and E. 71. Vcn Antwerp to net on
the part of South Dakotu , nnd for thli
state I appointed Mcfra. C. J. Smyth. BJ
A. Fry and J. W. Edgerton. The com
missioners thus appointed met , organized
and discharged the duty imposed upon
them by auch appointment. Their report
i3 submitted herewith. Thi3 report U ac
companied by a draft of a compact to bo
entered Into by the two executlve3 of th s
states interested when authority has ben
given for thut purpose 'by the respective
legislatures , all subject to the approval
or ratification of the United States con
gress.
The line Intended to mark the bo'mdTj"
between the two states was unanimously
agreed upon. It would appeur that the
permanent establishment of the line so
agreed up ci cannot be fully as-ompllshed
without congressional rotlcn. If the re
port of the joint commission meets your
approval and you ratify It by proper legis
lation. It would seem that a memorial to
congress praying for Its ratification r/oulj
bo proper.
X'ccs of Court Clerks.
The clerk3 of the supreme and district
court are under the present law paid for
their servicer by the fees of their office ?
for services performed Irrespective cf the
amount of such fees. Thi3 Heems to le
an unsatisfactory rrovi3ion of lav. * , and
has caused more or less complaint fo-n :
those having work to be performed In
such offices , as well as creating a sen.e
of injustice in mnklng no provisions re
specting the llTlt or a"rount of salary
which may be received by such officers.
Almost every other office known tolawhas
fixed and certain limits as to the Falarles
allowed ard it would seem that thess
same general provisions should extend to
the offices named. All fees received ought
to be accounted for and after the retei-
tion by the officer of u. certain sum wh'ch
sijill be determined as a reasonable com
pensation and fair salary for the dutits
performed all over and above such amount
should be turned into the state treasury.
Constitutional Amendment .
The Ia t essicn of the legislature , by
Joint resolution , submitted twelve consti
tutional arrendinents to the voters of the
State for their ratification. One cf the
amendments so submitted provided for an
increase in the number of the supreme
court judges from three to five. The leg
islature provided for the election of two
additional judges cntlngent on the adp-
tlon of this constitutional amendment.
Candidates were nominated by the differ
ent pprties and William Neville and John
S. Kirkpatrick were elected , contingent
on the adoption of this amendment. The
section of the constitution in relation ta
amendments provides that they shall be
submitted at a general election at which
senator. * and representatives are elected
and if a majority of the electors voting
at sue-h election adopt surm amendments
the same shall becccne a part of the con
stitution. The legislature also provided
that the vote on the constitutional amend
ments so proposed should be canvassed
by the state canvassing board , but gave
to such board no direct authority to de
clare the result of t > uch election or to
determine whether such amendments were
adopted.
The canvassing board canvassed the
vote and found the number of votes e-dst
for and aerainst each of the proposed
constitutional amendments and also the
total number of electors voting at said
election upon all propositions and made
the qualified finding th ° t if it took a m t-
jorlty of all the voters voting at such
election for any purpose that said amend
ments were lost , a majority of the can
vassing board being cf the opinion that
tiiis was the proper basis upon which to
determine the adoption of such amend
ments.
This doctrine does not appear to be sup
ported by the better weight of authorities
in well considered cases , and has been
distinctly repudiated by our own supreme
court , which , in a ca e reported in the
17th Nebraska , construing this section of
the constitution held that the "votes nec
essary to adopt an amendment mu t be a
majority of all those cast in the state
at that election for senators and represen
tatives. " This opinion was expressed by
two of the judges , only one dissenting ,
holding that the section of the constitu
tion under consideration should be con
strued to require only a majority of the
totes at such election cast upon the prop
osition for the adoption or rejection of the
amendments submitted for that purpose.
In a more recent case , reported in. the
47th Nebraska , page 417 , in considering a
similar question the court again repudi
ated the doctrine tha.t the total number
of electors voting at the election was the
proper basis upon which to determine
trie result on any particular proposition
and quotes approvingly the language of
another court in defining the word ' 'vote"
to mean an expression of the choice cf the
voter for or against any measure , any
law or the election of any person to of
fice.
fice.The
The canvassing board was unabe to as
certain the number of votes cast for the
election of senators and representatives
and the result of the election es to the
adoption of these comrtitutional amend
ments , it would seem , cannot be correctly
determined without a recanvass of the
votes cast upon this proposition and an
ascertainment of the total votes cast
for senators and representatives to com
ply with the construction given to this
section of the constitution by the supreme
court.
Attorney General's Beport.
I request your attention to the report of
the attorney-general wherein he suggests
the advisability of amending some of the
laws of the state which have come under
his personal observation in the conduct
of his office. An act was passed In 1SS3
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 lots
from one such railroad to another. The
attorney-general reports that at the time
of entering upon the duties of his office
two cases were pending in the district
courts for the purpose of compelling the
railroads to put In transfer switches as
contemplated by this action of the stat
utes , upon the trial of these cases the law
was held to be unconstitutional and in
each case upon different grounds ; that
upon appeal to the supreme court , the law
was held void , but upon still different
grounds.
"This matter , " says the attorney-gen
eral , "ought to be a subject of legislative
enactment , but great care should be ob
served in the preparation of such a meas
ure so that there could exist no constitu
tional objections to the same. "
In this report , the attorney-general
recommends an amendment to cover im
perfections pointed out in section 12. of
chapter IV. , of the criminal code , entitled
"Violence to person no : resulting in
death. " He suggests amendments to sec
tion 03 in relation to injuries to railroad
and telegraph property , and also to sec
tion 244 of the criminal code making the
robbing of a grave oi a dead body a
felony instead of a misdemeanor , as at
present.
It occurs to me that these recommenda
tions are worthy of your consideration ,
and that the statutory provisions referred
to would be improved by the amendments
suggested.
Tennessee Centennial Exposition.
The centennial anniversary of the admis
sion of the state of Tennessee into the
union will be celebrated by an interna
tional exposition at Nashville from llay
to November , 1SS7. Bealizing the import
ance of having Nebraska and Nebraska
products represented at this exposition , at
the request of the management , I ap
pointed the following commission to cara
( - " • the interests cf our stvMessrs. . J.
r m i - , " pBMi m QBi p p p p p pB
t&fU& wgmL fcirigr _ Jyu i in .flB r PPB
) -tl Mfl
* H 11
J. Butler , i.tr.cotn : Joseph Obcrfcldor , Sid- } . ; & |
ncy ; .If. D. Crawford. York : Ernst Bun- iff 41
nlnghovcn. Omaha : and Nick Fritz. Pen- if 41
der. ThU commliwlon haa taken the ncc- rf Mm
eaanry preliminary step. 'i for the roprc- * l4
sontatlqn of Nebraska nnd an exhibit of - | " 91
her products. This cannot be successfully | !
accomplished without assistance from yea -
by a reasonable appropriation with which. < jgfl
to defray the necessary expense * . ffl
" | P
TraiiB-MISHlssIppl Exposition. | H
During the summer nnd autumn of 1KBT IH
Nebraska will be visited by thousands nnd | H
hundreds of thousands of cltlzem * of other 1H
states. Tha trans-Mississippi exposition. | H
will bo held from June until November at | H
Omaha and will undoubtedly attract pco- ' jH |
pie in great numbers from every section B
of the country. Various national organ- ' -WM
izatlons nre arranging to hold their annual 1
.iesslons at the Nebraska metropolis In - M
1SSS so as to avail themselves of an oppor- 1
tunlty of visiting the exposition whlio attending - M
tending their meetings. I feel " "afe pre- H
dieting that the trans-Mississippi exposl- M
tlon at Omaha will be the greatest exposl- M
tion of the products of the great west ever M
held. PJ
This project had Is origin more than a MU
year ago at the Omaha session of the H
trans-Mississippi congress " . Prominent men M
of that city promptly formed an a3socla- MM
tion with a capital stock of $1,000,000. oC M
which more than $100,000 has been sub- H
scrl'-ed. The first assessment upon thla | H
stock has been paid and the affairs af thu Mm
association are In good financial condl- Mm
tion. The organizers and promoters am j MM
men of business ability , integrity and good MM
• financial standing ; the organization i * E
strong and the capital adequate. Congresa MM
recognized the importance of the exposl- 1
tion by an appropriation of $200,000. which MM
it Is expected will be Increased to half sl H
million. The legislature of our sister state H
cf Iowa has made a preliminary appro- H
priatlon of $10,000. and. the Iowa friend * H
of the enterprise predict an additional ap- H
proprlatlon of $ Cj.C00 at the next session. H
The legislature of Utah and Louisiana ( H
have passed resolutions pledging the support - | H
port of their states to the exposition ana H
liberal z pproprlatlons are expected front H
all the states and territories In the trans- H
.Mississippi country. H
This "xpositlon will unquestionably accomplish - H
complish great good hi bringing together H
the varied interests of the west and servo LW-m
to cement the already friendly relations H
existing between the western people. It | J H
will do for the west what the Atlanta. ' > BM
exposition has done for the south , but In m H
a larger degree. Naturally Nebraska will H
- > refit largely by having this great expo- H
sltion held on her soil. Interested visitors H
will learn of the great opportunities our H
state offers for Investment and immlgra- H
You will 'be called upon by the management - H
ment of the trans-Mississippi association H
to make an appropriation to aid the enterprise - H
prise , and I trust that the financial as- H
slstance given by you will be- liberal and\ < H
sufflient. so that ur sister states and ter- > H
rltories west of the Mississippi may bo ( H
thereby encouraged to lend their substan- H
tiai . fg Bgm
Conclusion. < l
T pxtend to you in conclusion my hearty B B W
co-operation and best support In every H
effort you may make to advance the in- j H
terests of N braska and the welfare of H
our ' fellow citizens. I hope your stay in H
the capital city may be pleasant and that. H
having diligently attended to the affaira H
which call you here , you may return to j H
your homes with the satisfaction of having j H
faithfully performed your duty as repre- , M MM
sentatlves of a free people. , fMWMWMWM
( Signed ) SILAS A. HOLCOMB. ; j -9- - -9
Executive Chamber , . Lincoln , Neb. , Jan. jj MMM
"PAPA FLEUTELOT , " MISER. | g L L M
A. French Millionaire Who Bogged In tha ) | P
and Died in , H
A miser of the story-book typo j H
died a few weeks ago in Auxerre. H
France. Although be never bad wife k k k kW
or children he was known to all persons - H
sons in the city as "Papa FleuteloL" H
He had been a public figure for a |
generation and could be seen daily. |
in storm or sunshine , tottering in his k k k ku
rags through the streets to gather H
odd bits of coal and wood and cigar " |
stumps. When be began bis work : H
in the city there were the usual rumors - H
mors that be was rich and miserly , H
but they were soon dispelled by tha H
abject filth and want in which he k k k k ky
lived and by his importunity in beg- H
Papa Fleutelot died in his eighty- H
fifth year , and was buried in the pot- H H
ter's field. The French police , who H H
suspect everything , still suspected k k k k kW
the old man's pretenses of poverty. . k kfk k km
Respite the recent snifting of public k k k k kW
opinion , and they searched the but | H
in which fie had lived and died. B
Filth was ankle deep upstairs and. |
knee deep in the collar. The first H
search was rewarded only with the l l
discovery of 400 bottles of Bordeaux | | B
vintage of 1790. The second search , H
however , revealed a hole in the eel- H
lar wall behind a pile of indescriba- j H
ble dirt. From this hole the police H
dragged a chest , and in the chest H
they found the treasure. From top H
to bottom it was stuffed full of mortgages - H
gages , government bond3 , shares in k k k k kU
stock companies , and title deeds. All |
showed the keenness of Papa Fleute- H
lot in investing his savings , for H
without exception the securities were k k k k k k\ \
of the highest class. Their face value - H
ue was 1,000,000 francs , but as many Hj
of the bonds and stocks are above k k k k k M
pat * they can be sold for a much. H
k k k k k ky
For noi-c than eleven years the old |
nan had neglected to clip his cou- H
pons. He had let them accumulate H
until they represented a market value - H
ue 140.000 H
Among the many pieces of real H
estate whose ownership was revealed k k k k k M
by the contents of the chest is a k k k k k kw
large tract of land near Villencivek k k § k § km
5ur-Yoie. On this i.nd there are H
± 00 acr < : s of fine forest and several H
ouildings of ancient indestructible l k k k k k km
make. It had been more thai forty k k k § k § km
rears since anybody at Yh > nove H
knew who owned the c-tn'o. When H
Papa. Fleutelot died in his novo , bat k k k k k k kl
twenty centimes , or loss than five k k k k k kwk
was his total ca.h car > ifa As B
was expected , the usual njiiprof H
licirs have appeared sine > - old H
' * k k k k BM
man s body was mtried in th • r s k
Geld. They afTect , to be. . . -t H H
; till more treasure i > * in. tkW kwk k BM
the hut , and they arc taking < - wn B
piece by piece In the ho - - . .a- H
themselves. |
" " H
Oklahoma "sooner * Kcln
today "soo. . i H H
daims on the lines of II.- - ' < ' xrc H H
tnd 31Lssottri anel Osage * r- H H
rations in accordance v.i > n |
) f Secretary D. 1L Francis v.l h he H
versed ex-Sccreiary 1is H
beared much trouble H
