TUB OMATIA DAILY JJEE : VIUDAY , JAXUAHY 1 J > 9. GOVERNOR'S ' MESSAGE Retiring Executive Bends His Last Official Communication to the Legislature FINANCIAL AFFAIRS OF STATE REVIEWED Economy Necessary to Maintain a Balance Between Income and Expenditure , TRUST FUNDS FORCED TO REMAIN IDLE Incurable Defects in Laws Render a Constitutional Convention Advisable , URGES NEW MAXIMUM RATE LEGISLATION IlcnrntM Which llnvc nnil Arc to Accrnc to .State from tinIjTponl - tlon Commented llpnn Ailmln- "Ion the State IN I'roiipcrou * . j LINCOLN , Neb. , Jan. r ; . ( Special. ) The tilcnnlal message of Governor llolcoml ) was delivered to the legislature today. Starting out with a review of the war with Spain , thr governor. In speaking of the part played by Nebraska , ways : "In the creation of the volunteer army for the war with Spain the citizens of our state responded with promptness and patriotism , Inspiring and gratifying to all Nobra.skans , and there were soon enrolled In the volun teer Bcrvlco two regiments of Infantry and flno troop of cavalry. This was supplemented In a short tlmo by a third regiment of In fantry of the maximum strength of 1,320 enlisted men and officers ; and the two regi ments first organized were recruited to the name strength. Nebraska thus contributed to the army of the United States , In the late war , In round numbers , 4,000 volunteer soldiers - diers , bcdldes numerous Individual enlist ments In the various branches of the mili tary service. "Tho conduct of the Nebraska soldiers In the trials of camp life , their mauly hearing , their readiness In adapting themselves to the soldier's life , their proficiency In arms , and finally their heroic conduct In battle has gained for them the unstinted praise of civil- lanu and the commendation of their superior officers In command. Ono regiment of Ne braska Infantry and the troop of cavalry have been mustered out of the service , and the peace negotiations having happily been consummated , wo may hope for the early re turn of the two regiments yet remaining In the ncrvlcc. "For the patriotism displayed by the vol unteer zoldlcr , for his willingness at the first indication of danger to sever homo tlee and surrender his business affairs In many In- Htances a matter of great pecuniary sacri fice to himself and those dependent upon him for the many sacrifices endured , the pcoplo of the atato have on many occasions expressed sentiments of the highest appre ciation of their unselfish nnd patriotic ac tion. For myself , and In behalf of the people - plo of the state , I wish to hero record my most slncero and profound acknowledg ment of gratitude for the manly , heroic and patriotic conduct of the Nebraska volunteers in the Spanish-American war of 1890. EXPOSITION GREAT EDUCATOR Pluck and Knterprl - Which Mnilc It Illicitly I'rnUeil nrnelltn Will lie Felt for Venn. "Willie our country was engaged In a war upon land and sea here was Inaugurated and carried to a succesilul conclusion upon Nebraska soil , and within the gates of her metropolis , an exposition of the arts. In ventions , Industries and progress of the transmlsslsslppl country which excited the wonder and admiration of millions of the citizens of this and other countries who visited It. This stupendous civic enterprise From the first Day The public has lon > r felt that the nrt of curing exual decay , Imnotency or lost manhooil , was ono of the most un certain of sciences. No two physicians could agree as to the treatment , and the public justly - , ly became < ! ! * 'tiKteil with 1 jhyslclnns I n jjonerah T h o most natural result was that weak men , see- Ins o elmni'e of obtaining re lief from the regular practi tioners , lied for help to the Inrjio army of quacks , who emptied their pockets - ets and frequently Irro- pHimbly damaged their henlth. Kleetrlolty Is today the only known cure for Sexual Weak nesses , and I positively guarantee a permanent cure when ICIoctrleity Is ( applied through the me dium of 1)11. URN- XMTT'S KhKOTllIO HKLT , which Is the greatest and grandest dlMMvory for the up holding of the honor and lory of man. Hcnellcinl results are no- Iced from the very ! lr&t day. Fniluro la mnosslblo. You must hnvo electricity In the system ; Nat urn will not furnish It , for Nature has been lmi > oseil upon. The gentle , sure and never-wavering current of IClectrlclty generated liy my Holt feeds the brain , making new tissue , Htrengthcns all the cells by supplying them with vlvllled blood that Is perfect ly pure nnd healthy. It feeds all the muscles of the body , strengthening anil hardening them , ns no drugs on earth will. The prices of my bells are only $8 and $10 ami a cure Is worth more than money to you ; It Is worth life Itrtlf. To married men , mUldle-aKed or Advanced In years who suffer trom wnnt of power I asurc a speedy and permanent relief ; you ciui , be ln treat ment with my Helt with the same conil- denco of tt cure as food would lie 16 a HtarvltiK man to Mitlsfy lumper. With old men the effect Is a happy one the jiower and visor of youth belnj : restored. CSu u'anteed to cure Kidney , hlver and lllndder Troubles , Uhenmatlsm , In every Ktiise , Constipation , Dyspepsia , Kemal > Complaints , etc. lias soft , silken , hnmcls-covered siion e electrodes that cannot burn and blister as do the 1mnt metal electrodes used on all other ui'ike-i of belts ; can be renewed wl-en worn out for 7"icents no other belt can be renewed for any uric- . ' . * Call upou or write mo today sacred r ly contldeutlftl pet symptom blanks , books and literature. Consultation and udvlcu without cost. My KMCCTIUCAb SUSI'KN.SOUY for the cure of the vari ous weaknesses of men Is KItKIO to every male purchaser of one of my Hells. Sold only by DH. HKXXKTT KhKCTUIC CO. , Hooms uo and 1 Pouulas Uloek , Kith and Dodpe Sts , Omasa , Neb. Open 8t : ; ( > n. m. to Silio p. ni. uud all day Sunday. waq the creation of the prosrewlvo spirit and heroic endeavor of the same superb manhood and womanhood whose energy , In- diMtry and Intelligent efforts In the last half century have wrought from nature s rude environments the highly perfected civilization of the mid-west of tlio present day. "It Ii but Just , however , to say that the successful planning and consummation of this great undertaking Is largely due to the public-spirited citizens ot Omaha and Douglas county , and of Omaha's sister city , Council llluffa , la. With daring spirit , a courage dauntless and a fnlth almost sub lime , tbcso citizens banded themselves to gether and for more than twelve months ceased not by day or night In their tireless endeavors to show lo the world , as well as to our own people , the matchless developcl raent and surprising advancement of this great area of country during the half cen tury now drawing to a close. "Many of the states of the union gave of- ficlal recognition to the exposition by makap Ing liberal appropriations , appointing state commissions , erecting attractive nnd comfortable - fortable state buildings and maintaining In- tcrestlng and Instructive exhibits of the ( products and resources characteristic of the i state thus represented. Many foreign coun. tries were likewise represented by exhibits of rare beauty and excellence , which were greatly admired by visitors , and which added much to the splendid success of the enter prise. The complete , highly Interesting and Instructive exhibit by our own national gov ernment was a prime factor In the perfect success of this great undertaking and It gave to all who were permitted to observe the many Interesting features of this ex hibit special and added reasons for feelings of patriotism and greater pride of citizen ship. I'rlvato exhibitors almost Innumer able with wares nnd merchandise , with ma chinery and Inventions , the product of the unsurpassed Intellect and genius of the American people , contributed In no stria ! ! degree to the success of the exposition. "In this magnificent triumph of man over nature and nature's forces the people of Nebraska of all stations , vocations and callings con tributed their full share to its final and complete success. They entered Into the work with zeal and courage , and loyally supported every move calculated to advance the Interests of the exposition. The state was represented by a state commission under whoso supervision there were displayed creditable exhibits of Its principal resource ; * and Industries. Nearly all state Institu tions were properly represented by suitable and distinctive cxhlbl/s. The educational exhibits by the university , normal school , the public schools of the state and private Institutions of learning challenged admira tion nnd elicited unqualified praise from thousands who viewed thc-so most excellent presentations of the achievements of our In stitutions of learning. I think I am safe In saying It was the consensus of opinion of those competent to Judge that the educa tional exhibit was the best of Us character ever presented at .my similar exposition held In this country. State organizations , fostering and encouraging different In dustries of the state , were all represented. Almost every county In the state had an exhibit of Its resources and development. "Tho grand structures of this beautiful white city will soon pass away , but I am persuaded that this great exposition has been productive of untold benefit and In calculable good to our people and those of the great west , and that Its bcne-flccnt In fluences will continue for generations and as long as man shall love progress and strive 'o advance In the affairs of life to a better and more perfect civilization. PROSPERITY FOR NEBRASKA AKrlriilturnl Intercut * Hnvo Flour- Inhrd nnil Tide of ImmlKi-ntlon ScUliiHT TblH AVnx. "Tho growth of the state and Its material progress during the last two years have not been without satisfactory results. The agri cultural Interests have steadily Increased from year to year. Wo advanced to first place In the magnitude ot our corn crop for the year 1897 , excelling all other states in the union. While we may not be able to maintain this high rank at all times , It is gratifying to know that In the production of corn as 'well as of live stock , cereals and other products of the farm , Nebraska com pares most favorably with the best ogrl cultural states of the union. "Many farms In the western part of the state , abandoned because of drouth and I other discouragements In past years , are again being occupied and put to useful purposes. People who have left the state with a view of finding more favorable loca tions are fast returning , convinced that Ne braska offers advantages equal to those of f any other portion of the union. Irrigation In the western part of the state has taken firm hold and millions of acres heretofore poorly adapted for farming are now made to produce In the greatest abundance. "In the growth and development of her resources Nebraska offers opportunities for engaging In profitable business , acquiring property and securing homes where families may bo reared amid churches and schools and healthful surroundings equal or superior to any section of the country. " REVIEW OF STATE FINANCES Cure nml Uronnmy Needed to Miike the Ilreclptu Sntlufy the lie- nuinilH Upon Them. "The state's business has been carried on In satisfactory manner. Economy and buel- nc&sllkc methods have as a rule prevailed In all branches and departments of state rovornmcnt. Expenditures have quite gen erally been kept within appropriations. The state's Indebtedness has been liquidated ns rapidly ne the collection of revenues wouli ! permit , and It holds today a financial credit and business standing unassallabli and far In excess of what It has enjoyed for many years. "I am gratified In being able to present to you a statement showing a material Im provement In the condition of the finances ot the state. "At the beginning of the biennial period commencing December 1 , 1894 , according to the reports of the etato treasurer and auditor , the state's Indebtedness may be summarized as follows : Funding bonds t 413,207.35 Hollef bonds 100,000.00 Ucneriil fund warrants 577,825.75 Total Jl.127,091.10 "At the close of the blennium mentioned ( November 30 , 1896) ) there was an outstand ing Interest-bearing debt against the state of the sum of } 2,101,510.52. Of this sum. JISS,267.33 represented a bonded indebted ness , and the sum of { 1,936,273.47 a Moating Indebtedness evidenced by warrants drawn against the general fund of the state treasury , bearing Interest at the rate of > per centum per annum from date of registration. "During the blennium there were Issued general fund warrants In the aum of )2- 31S.fi59.59. and general fund warrants were redeemed In the sum of $1ICO.511.U' , to gether with accrued Interest thereon in the ' sum of 469,630.62 , thus making a total of $1,230,141.74 disbursed by the state treasurer In the cancellation of general fund warrants. It appears that during this period the bonded Indebtedness of the otato was reduced J61.- 000 , nnd the floating or general fund In debtedness was Increased In the sum of J1.1SS.04S.47. "From the reports of the state treasurer and auditor for the blennium Just closed It appears that there now exUts bonded In debtedness of the sum of $153,267.35 , and a floating Indebtedness oC J1,071C31.01 , mak ing a to'al Interest-bearing debt November 30 last of J1.72I.M1 30. | itrilnrllnn In Mtnlr Drill. ] | . "During the last blennium warrants were | 1 drawn ' against the general fund ot the Mate i treasury , ' In the sum of 11,933,271.74 and for ! the same period general fund warrants were redeemed In the sum of { 2,218,793,12 , to- gcther with accrued Interest thereon In the cum of { 200,962. 15 , making a total of $2,149- 755.C7 dlabmsed by the state treasurer In I the cancellation of general fund warrants. These transactions resulted In a reduction of the bonded debt during the last blennium In the sum of $315,000 and of general fund warrants { 361,589.46 , a total of { 679- ' rS3.IO. Thla reduction Includes { 46.S85.26 of sugar bounty warrants which by a de- clslon of the supreme court are declared to be > Illegally Issued. " 1 have not deemed It necessary In this resume to speak of Indebtedness heretofore - fore existing by reason of warrants drawn against the temporary university fund and the fund for the Institute for Feeble Minded Youth , approximating { 59,169.13 , be came these warrants have all been re deemed , the Indebtedness cancelled and war rants against these funds arc now paid as presented. "The bonded Indebtedness of the state Is a matter calling for no special concern. For the payment of It ample provisions have al ready been made. There Is duo the sinking- fund by reason of levies heretofore made , In uncollected and delinquent taxes , upon a careful estimate , { 285,747.70. It would re quire the collection of less than 50 per cent of tlil.i sum to liquidate all the remaining outstanding bonds. Much more than this will doubtless be realized and legislation vlll be required for the purpose of trans- 'crrlng ' the surplus to another fund. I have lot taken Into account In these figures tbo appropriation made by the legislature of 1893 o reimburse the sinking fund In the sum of ilSO.101.7o , lost In the failure of the Capital National bank , and which was drawn out of the general fund , hut not accounted for by ex-State Treasurer Uartley. "All unpaid bonds of the state are now leld as an Investment for the permanent ichool fund. Therefore there exists no press. Ing necessity for their immediate payment , although past due. Payment and cancella tion may be made as rapidly as funds ac cumulate. In the state treasury for that pur- pose. ( irnernl Knml liiflelilciliioi * . "I Invite your serious consideration to the general fund Indebtedness of the state. The state Is now paying { 75,000 or more a year _ as Interest on Its outstanding general " eral "fund warrants. These wararnts run from eighteen to twenty-two months after registry before they arc called for pay ment. The state cannot very well do busi ness according to approved business meth ods unless It mikes provision for the pay ment of Its curreLt obligations with rea sonable promptness ; neither can It hope to have Its affairs satisfactorily administered If the Indebtedness which Is constantly being Incurred In maintaining state govern ment shall exceed to an appreciable degree the revenues which It may derive from taxation and through other sources. If such a policy shall be pursued for any con siderable length of time It can but result In bankruptcy or the necessity of funding such Indebtedness In Interest-bearing bonds , to be paid off by future generations. "Tho twenty-fourth session of the legisla ture , held In 1895 , made appropriations au thorizing warrants against the general fund In the sum of { 2,537,539.60. The revenues re ceived nt the state treasury during the bl- ennlal period ending November .10 , 1896 , to meet the expenditures so authorized were : From taxation { 1C07,316.91 From all other sources 71,275.62 Total $1.73S.592.53 Thus authorizing an expenditure of $798- 947.07 In excess of the receipts of revenues , from all sources. The twenty-fifth session of the legislature , or the session of 1897 , made appropriations authorizing warrants against the general fund In the sum of $2,125,343.10. The revenues received at the state treasury for tbo biennlum ending November 30 , 1S9C , were : From taxation $ l,73S.SiR.OS From all other sources 17fl,57rt.4t > Total $1,975,431.51 "The authorized expenditures exceeding the revenues In the sum of $149,906.86. "In mailing the above calculations I have eliminated the 3-6 mill levy for the tem porary university fund and the approprl- atlon made against the same and have endeavored lo tpeak only with reference to general fund Indebtedness and resources from which the same Is met. "It Is to be borne in mind that the author ized expenditures as provided by the ap propriations , may not always be actually ex- pended , and reference must also be had to the warrants actually drawn against this fund to ascertain the current expenses ac curately ; yet It Is a safe guide , speaking In general terms , nnd experience has dem onstrated that the appropriations have been exctede.1 and deficiencies Incurred oftener than there has existed a surplus in the appropriations above the actual expenses Incurred for the period covered by such ap propriations. .YnnlyilN of Kx | > eii < lltiirpn. "Analyzing the appropriations of the legis lature of 18U7 , which I believe were made with strict regard to economy and with an earnest desire to reduce them to the lowcs nnvount consistent with the welfare and proper administration of the affairs of the state In Its various branches and depart ments. It appears that there was ap propriated for extraordinary objects for purposes other than those necessary for the ordinary current expenditures , the following Hums : TransmhslKslppI Exposition $100,000.00 Public buildings 110,000.00 Dellclcncles for preceding biennlum 91,123 00 Total S313.125.W "Leaving the sum of $1.812,218.40 as rep resenting the amount to bo expended for the ordinary current expenses of the state for the blennium. or $900.109.20 per annum. These authorized expenditures may bo di vided ns follows : Legislative $ 130,000.00 Kxecutlve offices and state boards 274,210.00 Supreme nnd dim let courts 251,003.00 University ( general fund ) and nor mal school fll.8l2.3i51 Maintenance state In tltutlons . . . S77.310.00 J Miscellaneous appropriations 457,126.01 Total general fund $2,123,393.40 [ I State university , Vmlll levy 210.500.CO J - Total appropriation $2.333,893.40 "In speaking of the state's expenditures and Its Income I have not overlooked the fact tnat there Is a large sum of uncollected and delinquent taxes duo the state general fund , now aggregating the sum of $2,422- $ 038.43. At the clcse of the last biennlum , November 30 , 1890 , uncollected and delln- quent general fund taxes amounted to $2- 330.C92.7fl , thus showing an Increase during the biennlum of $91,3(5.67. It la to bo berne In mind that out of these uncollected taxes the expenditures of state government are to be met for the remainder of the period for which appropriations have already been made , to-wlt , until March 31 , 1S99. This amount will approximate one-third of the annual expenditures for ordinary purposes , or about $300,000. To this sura add $1,560- 334.04 , the present floating indebtedness , and wo have as a charge against the state at the end of the appropriation biennial period approximately $1,569,331.04. To meet tills we have In uncollected and delinquent gen eral fund taxes $2,422,033.43. This leaves a comfortable balance on the credit side ot the state's balance sheet. Hut this Is a theory rather than a condition. It is realIzed - Ized that a large amount of the delinquent taxes will never bo collected , and It Is highly probable that the state will receive from this source not more than Is required I to meet general fund warrants now outn islanding I , or wlilch will be drawn against ' appropriations already made. It Id possible that thesn receipts will fall to reach the sum required to meet the present obllgal tlon ( | ( , The narrowness of the margin at least , admonishes us to authorize no new Indebtedness - debtedness except provisions are made or can be made for meeting the same by a levy of taxes nnd from othw sources which ran bo relied upon with reasonable certainty for the production of revenues sufficient to meet such appropriations. | i .Sii , | iriu1ri ! llnnk * mill l > efnlcntl < iu , j "Tho state has been unfortunate In the 1 methods adopted In recent years In the man agement of Its financial affairs , resulting In great J loss by reason of the suspension of banks . which had been designated as state depositories , notably that occasioned by the failure of the Capital National bank of Lin coln , In which the state lost { 236,361.83 , and In other banks In smaller amounts , JS6- ' 088.96 , making a total of $322,450.79. In several Instances suits upon the depository bonds have been Instituted , but at this time nothing ha been recovered. In the case of the Capital National bank the sureties on the depository bond were found to be. with out financial responsibility and recovery ot any sum from this source was entirely hope less. .Suit for the recovery of the money was Instituted upon the official bond of ex-Treas urer J. E. Hill , which resulted In the re lease of the bondsmen. ThU.cntlre sum will ) C lost to the state unless , perchance , some 'ractlon of the amount be realized by dlvl- lends paid by the receiver of the Institution. The right of the state to share In thcso dlvl- lends Is now a subject ot litigation. "It Is difficult to approximate what sum may be recovered upon the other depository bonds of suspended banks , or by dividends , Jut It will be twfer to assume that much the larger part will ultimately bo lost to the state. 'In addition to the foregoing losses former State Treasurer J. S. Dartlcy , In making settlement with his successor , defaulted In the fonowlng sums : Amount of general fund warrant anil Interest to reimburse sinkIng - Ing fund { 201.SS4 ( V3 Trust or educational funds 335.S7S OS In suspended depository banks In excess of amount permitted under depository bond 15,312 4S Total Vv,3,074 61 The governor then goes at length Into the history of the litigation growing out of the Hartley defalcation , both civil and crim inal. TRUST FUNDS ACCUMULATING C Sum Xovr I.ylnK Idle for I.nck of Opportunity to Invent RciucillrH Proponed. "As shown by the treasurer's report , trust or educational funds on hand and uninvested amount to { 266,876.53. These Include the permanent school , permanent university , agricultural endowment and normal endow ment funds , of which the permanent school fund Is by far the largest and moat Impor tant. The state constitution provides that 'all funds belonging to the state for edu cational purposes , the Interest and income whereof only are to be used , shall be deemed trust funds held by the state and the staie shall supply all losses thereof that may In any manner accrue , so that 'the ' same shall remain forever Inviolate and uudlmlnlshed , and shall not be Invested or loaned except on United States or utato securities or registered county bonds of this state. ' "It has become a serious and perplexing , question as how best to provide for the In vestment of this fund and thereby carry out the plain mandate of the constitution and the law governing the subject. While United States bonds are a safe Investment for this fund they yield too small Income to be desirable. State bonds are limited In amount and all are now held in this fund and will soon be paid off. County reg istered IiondB ot this fiUto are 'icing Issued only at long Intervals and largely to refund existing Indebtedness , a large part of which Is already held In this fund. Sharp competi tion , too , wherever an Issue of county bond * Is offered for sale , makes It difficult tot the Hoard of Educational Lands and Funds to secure them. "Stato warrants drawn against a regular appropriation by the legislature , for which levy of taxes has been made , are by the supreme court declared to bo state securities within the meaning of the constitutional provision quoted. Under 'the present ad ministration a largo amount of current gen eral fund warrants were purchased. How ever , It was soon demonstrated by healthy competition that Nebraska general fund warrants - rants drawing 5 per cent Interest were worth moro than par and warrants quickly went to a premium and have ever since steadily commanded a premium of from 1 to 1 % per cent. This has occasioned much difficulty In buying these securities , owners naturally preferring to sell to private parties paying such premiums rather than to the state al par. "During the present blennium there has been Invested of these truot funds the sum of ' $738,199.91 , as follows : In registered county bonds , { 410,363.55 ; in etato general fund warrants , $327,836.36 , and a. balance ot $2tJ6S76.53 remains in the state treasury un invested. Amount of Trait FandH. "The state herds securities by investment 01 the trust funds to the amount of $3,580,030.21. At the close of the preceding blennium the amount of such securities held was $3,273- 251.35. The accumulation to these funds for the biennial period Just closed has been $382 , . 509.09 ; by the payment of securities held by the state as an Investment , $412,322.50 ; a total of $794,831.59. "The accumulation of these trust funds Is steadily going on , and within a decade tbo state wilt have approximately $6,000,000 to $8,000,000 requiring investment In some former or other In order to accomplish the pur pose for which the funds were created. Not only will provisions have to bo made for the profitable Investment of this ever-growing sum , but the payment from tlmo to time ol securities now held as Investments may be expected to Increase from this time forward 6j | j thus necessitating the reinvestment of such funds. I earnestly urge the Importance ol . providing by suitable legislation means b > . which these Investments may be made , that the patrimony of the youth of the state may be put to the moat advantageous use. "As a temporary expedient , I believe that ' the legislature should reduce the Interest 3'in state warrants so that they wlir command as [ nearly as possible only their par value Ii the markets when negotiated by their own ers. I am of the opinion that the Interest on state warrants may sifely b reduced to per cent. Such a reduction would enable the Hoard of Educational Lands and Funds to Invest trust funds not otherwise employei In state warrants at their par value , am would be a ready means of keeping a larg part of these funds employed until a more permanent Investment could bo mode. I rem also IncHned to the view that state warrants tsn would command their par value In the open market at this rate of Interest. This wouli save to the state near $15,000 a year on Its Intere3t charges. Such a method , how ever , could only be regarded as temporar ) In Its nature , as It Is expected that the [ je floating Indebtedness of the state , or the greater part of It , will be paid In a shor t time , and the state placed upon a ca&h basic Investments by means of the other securl ties mentioned in the constitution eeem by experience to have proven entirely Inade quote , resulting In large sums eonstantly re malnlng Idle , a temptation for corruption and official dishonesty , "No other means of Investment can be pro vlded , except by amendment of the funda < mental law of the state. This has been trlei under the raw providing for constitutions amendments at different tlmra and for differ out purposes , and , with one exception , Invi riably failed ot rccelvlnc the necessary number of volcf , not bccatifo the voters wern not In favor of the amendment , but bccftiMC of the manner of submitting the question ( if i constitutional amendments and the con- ftructlon l placed upon the law by the supreme court as to the number'of votes required to adopt a constitutional amendment. " . NEED ' OF NEW CONSTITUTION of rrmt'tit Urn" " ' ' * * * t < nu lie llruicillpil OnljItj - Consti tutional Convention. "Judging by past experience. It seems al most hopeless to expect any amendment to our fundamental law by submitting tlio question to the voters , under the provisions of the constitution as construed by the court. I am of the opinion that the time has ar rived hen it la almost Imperatively re quired that the constitution be amended , not only with regard to the Investment of the trust funds of the state , but also In . other material respects. Assuming , a I have , tliat this cannot bo done by amend ments separately submitted to aote of the people , 1 recommend that the legislature piovlde for the calling of n constitutional j onventlon for the purpose of revising our , resent constitution , In the manner provided y section 2 of article xv of that Instru- " i"ent. . A revision of the constitution could ardly be made nnd adopted by the people ! iort of three or four years. Our present onstltutlon was adopted over a quarter of century ago , at a time when the state was ew and only partially developed. Its capa- Illlles , growtfi and needs were then little nown or understood. New conditions re- ulre newlaws. . The rapid growth and de- elopment of the stale calls for a revision f the law suitable to present conditions ather than to a time when the population nd property Interests were but a fraction f what they arc today. " NEED OF REVENUE REVISION rewciit Inm * Incqiiltnlilc In Addi to I'll I In re to Meet the IteiiiilrenientM , "A revision or amendment of the revenue aws of the state Is required In order that uequalltles now existing may be abolished , nd all shall bo required to contribute their qultable and Just share to the public reve- iiici ! . To what extent and In what partlcu- ar feature Is left to your Judgment. In this connection I would especially urge upon your attention the wisdom of nactlng a law providing for the collection if nn Inheritance tnx. Such a law has been n successful operation In many of the older tales , havini ; the result of yielding largo cvenues to the state , nnd Is found to be a most satisfactory as well as just and equit able method of raising revenues. "Whether this legislature will feel wnr- anted In entering upon a general revision of our revenue laws nt the present ses sion , or provide for a revenue commission which may take tlmo to gather all useful nformatlon obtainable , thoroughly Invcstl- gate and consider all the complicated and difficult phases of the subject and report tea a future body for action , is left to your com- ) lned wisdom and Judgment to determine. " The inequalities In taxation as between he various counties under the present aye- cm arc pointed out and also the Impos sibility of correcting them with the present Imitations regarding equalization. Ho also points out that with the present mode of assessment nnd the legal limit placed upon the levy It Is with extreme difficulty that enough money can be raised by taxa tion to meet the needs of the state. Sorao provisions are urged to be made whereby the largo floating Indebtedness now- outstanding may be gradually reduced until finally extinguished. The recommendations of the treasurer , made In his annual report , that certain funds which are now Idle and useless bo trans ferred to the general fund and for the lowerIng - Ing of the rate of Interest to bo paid by de pository banks to 3 per cent , are endorsed. DEFECTS IN INSURANCE LAWS Scvcrnl IiiHtnnem Whcrr Home Coin- imnlea Arc Discriminated "I Invlto your careful attention to the sub- lect of life and fire Insurance. I am ad- vlsod that under the provisions of the Insur ance laws now- upon the statute bookp there are two old-line life Insurance companies which have Incorporated and are transacting | justness In this ( state , and fifty life and acci 1- dent companies which have come from other states and from Europe for thfi purpose of transacting business In this state. U fol- ows that a largo life Insurance business Is being carried on with the people of the state of Nebraska , and yet the laws regulating llfo Insurance are Involved In doubt nnd un certainty. Life Infcurnnco companies arc complying with fire Insurance laws , anil yet the law- regarding fire Insurance specifically provides that life Insurance companies shall not come under its provisions. Life insur ance companies , both domestic and foreign , are paying fees to the state provided In the fire Insurance law , which appears to bo brought about by custom rather than by statute. It would ecem that the state should have a well-defined and comprehen sive llfo Insurance law , making ample pro visions for the organization and business of both domestic and foreign companies , end containing such provisions nnd restrictions as the wisdom and experience of the present day Justify. "It 16 true wo now have a fair assessment llfo Insurance law , providing for the incor poration of life companies on the assessment plan and without capital. This act could properly bo amended by providing for an Incorporation tec of about $20 and a fee of SO cents for agents' certificates. These pro visions appear to have been omitted In the original bill and , under the ruling of the attorney general that such companies cannot bo granted charters and certificates free of charge , they have heretofore paid $50 for Incorporation and $2 for agents' certificates , the same that Is required under the fire Insurance - suranco law. It Is hardly right to require companies In cur own state , which nro cn- dcavorlng to start In business , to pay the same fees as the financially strong and well established companies from other states and Europe. Fnvom Foreign t'ompnnlrs. "I am told by those wel. Informed upon tha subject that the fire Insurance laws of the state , which were mostly enacted In 1873 , fall to meet the requirements of the ) . present day. One of Ihe objectionable features pointed out is contained In section 8 , which provides that Nebraska companies . . may be organized for flva purposca , towlt : Fire , accident , fidelity , bonds nnd llvo stock ] Insurance , but no one company can bo ' " lowed to pursue more than one of the five lines of business mentioned. Foreign com panies , however , are doing a business In ' . 'this ' Rtato embracing as many as seven dlf- fcrent classes of Insurance. This dlscrlm- Inatlons against our own companies works no good reason for Its continuance. "Ilxperlence has shown , also , that com- panlw doing fire and other Insurance busl ' ness hometlmes leave the state when they have policies still remaining In force , and that losses occurring after they are gene require the Insured to follow them to some other state and there obtain the relief or redress to which he may bo entitled under his policy of Insurance , This could be avoided by requiring the foreign com panies to make a small deposit of good securities with the state treasurer , to be held BO long as the company has a risk In force In the state. U Is believed by many that the law cow requires such a deposit. but this teems to bo Incorrect , "U U l o recommended that the present law bo amended so that nil companies of whatsoever nature , from other states and countries , ns condition precedent to their doing | biinlne * ! ) In this state , be required to I file power of attorney with the officer In j charge of matters pertaining Insurance , appointing him ns attorney for such com pany for the purpose of serving civil processes In litigated cases. A resident agency law should nljo bo enacted. There should be no Insurance written on property In this state unless by duly authorized agents residing here. 4lv ( Off I'uny In .Ni-tirHsUn. "I beg also to call your attention to the great difference between the amount of moneys received from Insurance companies by this state and that received by neighborIng - Ing states. It Is really surprising to note the marked difference In this respect. This peculiar condition results In the people of this state contributing to the support of other state governments without deriving 1 nny corresponding advantage to themselves.s j The rc.-elpts in this state from Insurance j business have seldom exceeded $20,000 , and $15,000 or $10,000 seems to be nearer the correct sum. The cash receipts from Insurance suranco companies for the > car 1S97 In several states are ns follows : Nebraska J 17.131 M Colorado 92.C43 CO Wisconsin 1M.074 lit Illinois I97.X13PO Missouri , \ ! ! I9IS 00 Pennsylvania S7C6f , Oil Kansas 74,71200 Iowa 1J1..147 W Maryland K ,9I9 < V Michigan 22J.697WI Massachusetts o,13. ( X ) It Is quite evident from the foregoing that we have by our own action deprived ourselves of nn Income which Is received by the states mentioned to our detriment and disadvantage. To remedy this by suitable legislation , I ask your careful consideration. "The management of the business of fire nnd life Insurance of this state has reached such magnitude In volume and Importance that provision might well bo made for a separate bureau of Insurance. "The anti-compact Insurance law pawed by the last legislature was resisted by the Insurance companies Interested , and an ap peal was made to the federal court for an Injunction against the auditor , attorney gen eral and county attorney of Douglas county to prevent a prosecution for a violation of Its provisions. The Injunction was granted and the case Is still pending In that court without determination , although 1 am ad vised that It was argued and submitted to the court In February last. In the mean time the Insurance companies are conduct ing their business without regard to this > * * " REPORTS OF STATE OFFICERS Ailinlnlntratlon Cii-iieritlly Coniineinleil Some Xrw I.pKlilntliiii Itrqiilrril. Speaking of the reports of the various state officers and superintendents of state Institutions the governor expresses the opinion that the affairs of the state have been carefully looked after and asks for appropriations for the coming blennium equal to the per capita cost of conducting the various Institutions during the last two years. He recommends the construction of a brick nnd ntone fireproof building for the hospital for the Insane at Lincoln and Instead of making the appropriation from the general fund advises the levying of a tax to create a epeclal building fund The litigation growing out of the dual private and state management of the Home for the Friendless at Lincoln Is revleweft and the governor points out that It has not yet reached a final determination. The gov ernor adheres to bis former recommenda tion against the appropriation of state money for the support of Institutions not entirely within the control of the state. A marked Improvement In the conduct and management of all public Institutions of the state , not purely educational In their character , would. In my Judgment , follow If a law were enacted abolishing different boards as nt present constituted and making provisions for the creation of one state board of charities and corrections , which should have complete control and supervision over all auch Institutions. Whether such a board with the powers which should be given It to make Its work mo.it effective can be enacted under our present constitutional rc- strlctlons regarding executive offlcera Is qulto uncertain. MnniiKcnient of Ktntr I'rlnon. "Tho condition of the prisoners and the management of the prison affairs have greatly Improved under the control of the present warden. All prisoners , except those disabled or In hospital because of sickness , are qulto generally employed at some useful labor. In the cooperage factory 110 are kept steadily employed , 95 In the broom factory 7 In the ehoe shop nnd the remainder , exccpl cripples and the sick In general , work nrouni1 the buildings and grounda In operating am ) maintaining the Institution nnd In making needed repairs and Improve monts. "As shonn by the warden's report , there was realized from prison labor during the blennium $44,210.21 ; duo from contractor * JIU01.2G. It cost the state , from legislative appropriations , to maintain the Institution for the blennium ending November SO , 1894 $97,104.77 , nnd for the blennium ending No vember 30 , 1896. $42,142.93. "The last legislature appropriated bu' ' SCO,000 for the maintenance of the prisoners There has been used of this appropriation $19,560.55. Three to four thousand dollars will probably be required for the remainder of the period for which It was made , leav ing some $37,000 to revert to the treasury Only $30,000 is asked for the coming bl ennium. The Institution may , and probably will , bo conducted for a less sum than la asked for. Tills will depend largely upoi the ability of the warden to make ad vantageous contracts for the employmcn of the prisoners , or putting them at some profitable employment on behalf of the state. The contracts now In force cxplr during the present year and will have to h renewed In some form or some other pro visions made for utilizing the labor of th convicts. I , her Coiiiuiln loiier. "My predecessor advised that moro libera appropriations should be made for the labo commissioner or the bureau abolished. I A < not believe that It ehould be abolUUed. Th operation of the bureau under the law serves an exceedingly useful purpose an Its powers and field of operation should b enlarged rather than diminished. While primarily , the law was Intended for th purpose of securing Information relative t labor and Ita relation to capital , and al matters pertaining to the Industrial classe factors In our social and economic system It has been found wise , by practical experl ence , to extend the subject of statistics an the gathering of general Information to al the principal Industries and business In tercets of the state. In addition to the stalls tics and matters pertaining to labor In It restricted sense , the scope of the work o the bureau has been broadened so as to In elude statistical and other Interests per talnlng to the agriculture and agricultural re- gources of the state. Mortgage statistics are under the present law forwarded to the auditor of public accounts and by him com piled annually. This work might morn properly como under the supsrvlslon of this bureau by a suitable amendment to the law. The means at present for gathering stalls- ntic * for this bureau by the assessors of the different counties seem entirely Inadequate and some more specific and dc-Anlto law seems to be required before it will give the I most eaUs.'actory reaulte. 1 "In this enonecUaa I beg to suexeil tint GREAT , GREATER , GREATEST A Xoiv ItiMiieil- Tim I Ouli'Mv Tint * I'nlirtifcliH With I In- < il < MV of ll.-nllli. Wo Srnil free it Trlnl I'uckMKt * to All. Weaker , paler , thttintr , day by day , no nppotltp or strength , no desire for work or recreation , nervous , peevish , sloeplcxH. dele of hc.irt nnd sore of limb thexn lire ths condition * of countless numbers of half flek men nnd women anxiously uwnlttng s-omo message of hope and cheer. I | There Is no excuse for most people being sick. There's a medicine that will euro them. A medicine thixt goes right to the , roots of the onuses of nearly all sleknes * . j The nainof tills good medicine H Or. IMx Ponlo Tablets. They put vitality Into weak odle < makes people strong , qulctst th * lerves. restores nmbltlon , drive * headache way , gives you an appetlto , s oaten * the tomnch nnil breath , and forever mnnves he thousands and one tlltlreisliiu Ills , noe-s this seoin lmpo lble ? If you slop nd consider that nearly ovcry dlseas * . m > natter what the name by which It In called , onu's from the kidney ? , Impure blood and Inordereil Tver . It will be plain to you. Or. UK Tonic Tabletllrst of all. aid the < lilne\H Next tb ° y purify the blood. get- Ing Into every MK anil little vein In the oily , driving nil Impurities out of the H > 3- cm. Finally they regulate the liver per- I'c'tly. milking It perform all Its function * xnctly as nature Intended In doing these hree things , It removes the cause of nearly II the Ills of men am ) women. If you are suffering from excesses of any itlml overwork , Intemperance , etc. If you ire tired and don't know what In the worlil ills you If you nre dizzy , weak and food lest badly In the stnmncli If you belch , feel lervouy , lm\e hot and cold spells alternate * v your life Is In danger , but Dr Dlx Tonic " 'abletH will ( iiilckly put you on your faot gain. No difference what you think your Iliease may be no difference what the tloc- ors call It , this medicine Is what you need. Ten minutes after you take the first tntilnt ou'll ftel better. Or , nix Tonic- Tablet * ire for Hiile by all druggists at BO cents a box. Hut wo want to Introduce them to very reader of this paper ninny of whom ieod such u remedy. For a limited time the ) roprletors llaycs & Coon , < OS Hull Uulld- nir , Detroit , Mich. , will ; nd a trial package - ago free by mail to nil who will eml their naino nnd address ( enough to convince tha most skeptical of their great merit ) Send at once and be won and happy again , Tell your frlemlH and neighbors about this nest liberal offer. he means of gathering crop statistics of ths state do not appear to meet the requirements of a live , up-to-date agricultural state Buch an ours ; nnd the results attained are not of sufficient benefit to Ilie state. In making known her unsurpassed agricultural re sources and growth. The state board ol agriculture In Its annual reports covers tha ground quite well and gives Information of much value. Hy the time these publications ire Issued , however , the Information therein contained becomes more or less out of data as a matter of news , and Is morn useful as a matter of reference. What Is required Is some proper means for gathering Informa tion relative to the different crops cultivated , their condition and prospects , the magni tude and kind of crops raised from time to time. Such informatlcn would bo Interest- lug and Instructive and be given to Ilia public , and especially to those Interested , by means of the public press and bulletins Issued for the USD of the people. " The law creating two agricultural experi ment stations Is cited and also the fact that no approprlalon has been madeto make the law effective. The governor recommends that such an appropriation bo made as 0110 of the most effective methods of furthering the development of the state. The Impor tance of encouraging Irrigation Is also pointed out as n means of rendering a portion tion of the state much ruoro largely and certainly productive. The necessity of more effective lawn for the protection of llvo stock from contagious diseases Is urged upon the attention of tha legislature. REGULATION ) F RAILROADS n lleeonimeiiileil In the Ilno of thr Mnxlmnm Unto of "Tho supreme court of the United Stales , In an opinion handed down In March last by Justice Harlan , held the act of Uie legisla ture of 1893 , popularly known as the maxi mum freight rate law , to bo Inoperative In that It contravenes the provisions of the fourteenth amendment to the United StatcH constitution , wherein It Is declared that no state shall 'deprive any pcrfron of life , lib erty or property without duo process of law , nor deny to any person the equal protec tion of the laws. ' "Tho opinion Is ono of the 'roost Important and far-icaching ever rendered by that hlgn tribunal and takes Its place besldo. cele brated cases In the past concerning great questions of public Importance affecting In terests extending throughout the republic. "I have the tlmo only to speak brlelly of some of the more prominent features of this celebrated case. The opinion holds , without qualification , that the legislation under our constitution has the authority T > y appropriate legislation to establish rea sonable maximum charges for the carrying of freight by railway corporations between points within the state. The court snys : 'It cannot bo doubted that the making of rates for transportation by railroad ccr- porntlons along public highways , between points wholly within the limits of the state , Is a subject primarily within the con trol of the state. ' The court says In sub stance , however , that the rates thus fixed must bo rea&oniible and must not be - > low ns lo prevent the corporation hought to bo regulated from earning a fair return upon the value of the property used for the public service , after deducting nccussiry operating expenses. "Tho Judgment of the legislature an to tha reasonableness of the rates thus fixed 4s not conclusive , or , In other words , while the Ifglslaturo may establish rates , which In Its Judgment are entirely reasonable and which prevent extortion or unjust exactions In local freight rates , the controversy prop erly becomes a subject of Judicial inquiry. Suits may bo Instituted and the question tried In the same manner as other con troverted questions of law and facts In the courts. KntKlril to Knlr Ilrturiix. "There ought to be noconlroversy , and I think there Is none , regarding the right of railway corporations to earn a Just return upon the fair value of the property used In the public service , No fair-minded per son desires that they shall be compelled by statute to serve the public nt a loss or to bo required to accept for their service charges that would yield no remuneration for the service rendered. "What are just and reasonable rates Is tha difficult problem to solve , and regarding which there may and apparently docs exist a wide difference between the legislatures and the courts. DonbtlepH thin question , will be answered by each Individual , largely from the standpoint of observation occupied by him nnd the standard or t'Uitlo , which hn shall set up to aid him In Its determina tion. "What are the factors which justly enter Info a rightful determination of this ques tion ? How la the fair value of the property used for the public convenience to Ira de termined ? Shall It bo its reasonable , fair nnd just value at the present time , or shall the cost of construction and equipment < ) o- tcrtnlno ? Shall it be the true and actual capital which ha * been Invested , or tball all ULU atockfl * n4 bnmU Issued , rcgardleg * of