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LIBRAF^

MOr^TANA STATE UNIVERSITY

3 0864 1004 0539

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S30 East Lyndale Avenut Helena, Montana &9&)l

JVI B S S A G I

OF

Governor John E. Rickards

TO THE

Third Legislative Assemblv

OF THE

STATE OF MONTANA.

_J AISrLJAF=?^ 5, 1B93.

W. J. M»c'HAFFIE.

STATE PRINTER. 1893.

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GOVERNOR'S MESSAGE.

Gentlemen of the Legislative Assembly of the State of Montana : In pursuance of a duty imposed by our State Constitution, I have, the honor to submit for your consideration the following suggestions respecting some of the more important questions which affect our young State.

Before proceeding to call your attention to affairs of State, I am sure you will indulge me in a few words personal. I very much appreciate the high honor which has come to me in being called to the exalted position of Chief Executive of this great State; and I want to express my grateful thanks and deepest gratitude to all who in any manner contributed to this result. I am not unmindful that to this honor grave responsibilities are attached, but relying upon the Ruler of Nations, who con- trols the destinies of all peoples, I confidently enter upon the discharge of my duties.

Your fellow citizens have conferred a great honor upon you in esteeming you worthy and competent to legislate for them. Every citizen is under obligation to serve his State faithfully, but more especially is this true of those who have been elected by the people to positions of trust and responsibility. Our State is now in its formative period, and the character of your legisla- tion must tell for good or evil upon its future. Allow me to remind you that the manner in which we discharge the duties pertaining to this session of the Legislative Assembly is worthy of our most serious thought. Our constituency have entrusted to you the entire responsibility of the legislative department, and I shall leave it there. If, however, I have occasion to differ

6 Governors Message

s

For State Officers (appointive) 20,600

For State Boards and Institutions 222,390

For Miscellaneous 41,200

Total $451,360

REPORTS OF STATE AUDITOR AND STATE BOARD OF EQUALI- ZATION.

The report of the State Auditor for 1892 and the report of the State Board of Equalization will be submitted to you. They contain information of much value upon questions that directly concern vou as lawmakers. The compilations have been made with care and can be studied with profit. They show the State has had a steady growth in nearly every line of business. The stock and agricultural industries have materially advanced. The wool clip for 1892 amounted to 10,180,791 pounds as compared with 7,784,007 two years ago — a gain of 2,396,784 pounds. The stock interests generally are in a prosperous condition. Dairying is receiving attention, 1,066,732 pounds of butter and cheese having been produced during the year. The wheat out- put reached 1,250,784 bushels. There are 9,330 ranches in the State, aggregating 2,640,056 acres, with 1,390 irrigating ditches, reaching a total of 3,245^ miles. Fruit growing is enlisting the efforts of farmers to no small degree, 13,212^ bushels of apples being placed to their credit for the year, besides a very creditable showing as to other fruits. Thousands of trees have been planted, and will in due time develop an important and profitable industry in the State. Notwithstanding the depres- sion due to the low price of silver, the mining industry is in an excellent condition. I regret that there is no reliable data at hand which will enable me to correctly give the mineral output of the State, but I am satisfied from such information as I have been able to obtain that it is larger than in any preceding year. The Auditor's report places the total valuation of property at $129,456,942. Your attention is called to Exhibit "E."

ATTORNEY GENERAL'S REPORT.

The report of the Attorney General, covering the business of his office from November 9, 1SS9, up to December 1, 1S92, will

Gt ' : enters i Messao. e

s

be placed before you. He asks that provision be made for in- creased help in his office; see pages 33, 34. He also asks that a larger appropriation be made to his department; see page 34. On page 35 he calls attention to the neglect of certain County Commissioners to levy a "stock inspector and detective tax." His suggestions respecting this matter should receive your consideration. I also call your attention to certain changes in the registration law which he recommends,

THE REPORT OF THE ADJUTANT-GENERAL.

The Adjutant-General's report will be submitted with the other State Officers' reports. I heartily endorse all of his rec- ommendations. 1 think a careful reading of this report will en- list your interest in our State Militia.

BOILER INSPECTOR.

The Boiler Inspector's report has been published and will be sent to you. You will notice in his report published January i> 1892, that he calls attention to some amendments to the law governing his office, which he thinks should be made so as to give him the same authority over steam machinery that he now has over steam boilers. He promised to make such recom- mendations later, but he does not refer to the matter in his last report. I believe the primary motive which prompted the en- actment of the present law was to protect the lives and limbs of those engaged in the hazardous employment of working around steam boilers and steam machinery; hence I call attention to his suggestion.

STATE BOARD OF MEDICAL EXAMINERS.

During the year 1S92 the Board of Medical Examiners passed upon fifty applicants to practice medicine in this State. Of these, permanent certificates were issued to thirty-six, thirteen failed to pass the prescribed examination, and the case of one is still pending. The work of the Board shows that it is in every respect a protection to the interests of reputable physicians, and that the public is correspondingly benefited. To prevent in- competent physicians from endangering the lives of the people, and to prevent extortion for medical services rendered, are

8 Governor's Message.

efforts which should enlist the interest of all good citizens, and the serious consideration of lawmakers.

I am not sufficiently informed as to the current expenses of the Board of Examiners to recommend the appropriation of any specific sum for its maintenance; but it becomes your duty to make an allowance large enough to carry on the work satisfac- torily.

SUPERINTENDENT OF PUBLIC INSTRUCTION.

The report of the Superintendent of Public Instruction will be before you. It is instructive as showing the abiding interest oi the people in our public school system. I wish especially to call your attention to what he says under the head of "Morals and Decency." Under the same head he said in his report of 1 89 1 : "Nearly all States in the Union have enactments upon their statute books relating to this subject." That I may em- phasize the importance of this matter, I quote from the same re- port an extract which he copied from report of the Superintend- ent of Public Instruction of South Dakota: "Cases have been known in the State where no privy had been provided, and very frequently only one for both sexes. It is common that the out- buildings are placed in proximity, with no effective barrier be- tween them. Shall we wonder that impurity is increasing in so- ciety when people are absolutely lethargic regarding the rela- tions of the sexes in the common schools? If we properly prize the virtue of our girls and the manliness and purity of our boys, these things will receive our attention. It is prudishness that smacks strongly of ignorance and incapacity that will prevent a teacher giving due attention to the condition of the schools and school grounds, relative to the relation of the sexes. Pure men and women will only come from pure homes and pure schools."

I earnestly recommend that you enact a law making it the duty of School Trustees to provide good accommodations along the line here suggested.

REPORTS OF STATE OFFICERS.

All State Officers are required by the Constitution to make full and complete reports of their official transactions to the Governor at least twenty days preceding each regular session

Governor's Message. 9

of the Legislative Assembly. The Governor is required to transmit these reports to the Legislature, together with "esti- mates of the amount of money required to be raised by taxation for all purposes of State," and to recommend such measures as may be deemed expedient.

The practical value of these reports to the officer to whom they are made is often lessened, if not wholly destroyed, by de- lay in printing, or for other causes, which prevent the use of the data which they contain in recommending legislation.

Provision should be made for publishing these reports at an earlier date, so that all the information they contain may be made available for the purpose intended. I have had no oppor- tunity to examine a number of important reports for the reasons named, and have therefore refrained from making certain recommendations to which your attention would otherwise have been called.

UNITED STATES SENATOR.

Among your more important duties will be the election of one of your fellow-citizens to represent Montana in the United States Senate. I indulge the hope that in your wisdom you may elect one who will reflect credit alike upon you and the State.

PERMANENT STATE CAPITAL.

At the Next general election, to be held in November, 1894, the location of a permanent State Capital will be submitted to the people, as provided for in an Act passed by the last Legis- lative Assembly, and approved March 6, 1891. The result of the recent election leaves the choice between Helena and Ana- conda. It is important that you make provision for all possible contingencies; should the choice fall upon Anaconda, the result would not be officially known until within about twro weeks of the assembling of the Legislature. In that event the time will be so short as to greatly inconvenience all State officers unless you enact a law clothing some one with authority to make necessary arrangements, as there is now no law that I am familiar with, giving any one such authority. This is very important,

io Governor's Message^

as under the Constitution the Legislature cannot meet at any place except at the " seat of government."

STATE AND EDUCATIONAL INSTITUTIONS.

In my opinion, one of the most important duties will be that of locating State and Educational Institutions. Shall the latter be grouped or located seperately, is a question now agitating our people. I believe you will give the subject your careful thought, and act from a desire to best serve the luture interests of the State. However, I feel I would be derelict in my duty if I did not urge upon you the necessity of taking such action as will determine where the various State Institutions are to be located. It is my judgment, that all interests demand an early settlement of this matter. We are looking for and inviting out- side capital to our State; the fact that none of our State Institu- tions have vet been located impresses capitalists unfavorably.

The lands donated to Montana by the United States are now being selected from the public domain and will soon be available for the purposes named. Aside from the University lands, already selected, 622,000 acres are donated for the following uses:

For a School of Mines 100,000 acres

For State Normal Schools 100,000

For Agricultural Colleges 140,000

For Deaf and Dumb Asylums 50,000

For State Reform Schools 50,000

For Public Buildings 182,000

An Agricultural College must be established in accordance with an act of Congiess approved July 2nd, 1863, in order to avail ourselves of the appropriation made in the Act of August 30th, 1890. Under the provision of this Act the sum of $15,000 per annum, for ten years, is appropriated to each State and Ter- ritory, and the sum of $25,000 per annum is therealter to be applied to instruction in agriculture, the various branches in mathematics, physics, natural and economic science, the English language and mechanic arts. It requires no argument to show the losses which the State is sustaining through our neglect to locate this institution.

u

Governor $ Message. 1 1

ORl'IIANr-' IIOMK

In my judgment, provision should be made for a State Orphans' Home. The condition of these unfortunate cnildren appeals to the generous side of every man's nature, and the fostering care of the State is demanded. The strongest evi- dence of our Nation's high civilization is the interest our people manifest in caring for the afflicted. Every manly man freely re- sponds to the appeal of his State for the support of elemosynary institutions.

1 am informed that the promoters of an orphanage in the Countv of Silver Bow offer to donate their property, comprising 1 60 acres of land with all the improvements, for a State Asylum, provided it is deemed best to establish such an institution. I recommend the consideration of proffers of this character, which may come from different counties in the State, while the ques- tion of creating an institution of this kind is pending.

NEW COUNTIES.

The creation of new counties is incidental to the growth of the State. The area of many of our counties is so great that the cost of maintaining local government is a burden upon the tax-payers. Judicial proceedings involve an enormous outlay of money when jurors and witnesses are compelled to travel from one hundred to four hundred miles to reach the countv seat. To invoke justice under such conditions is to invite bankruptcy to the litigants, in civil cases, or add to the burden of taxation in criminal cases. The trend of public sentiment is toward the sub-division of our larger counties, whenever it appears that the valuation and population of the proposed new county will justify the step.

But every proposition of this character should be approached with extreme care. The interests of rival towns, and the ambitions of would-be office- holders, should not deflect the attention of legislators from the rugged merits of the case. While the area of Montana warrants the prediction that the growth of popula- tion will soon double the number of counties in the State, con- servative action by the Legislature in this regard will, at all times, conserve the best interests of the commonwealth.

12 Governor's Message.

REFORM SCHOOL.

All experience teaches the necessity of maintaining State Re- form Schools. The Federal Government recognized this in donating to our State 50,000 acres of land as an endowment fund for such an institution. It is a cause for profound regret that very often our courts are called upon to sentence those who are under the age of majority. That such offenders should be punished in like manner as those who are older, and practically placed under the daily tuition of those who are graduates in crime by being incarcerated with them, does violence to every one's sense of justice. From the standpoint of decency, human- ity, due regard for the morals of society, from an economic standpoint, indeed, from every consideration, we are impelled to make such provision for the youthful criminal as will, while re- straining him of his liberty, set to work influences which may result in his reformation. The twofold purpose of our penal laws is the punishment of crime and the reformation of the criminal. Now, everyone who has given the subject any thought and investigation, knows that the reformation of the youthful offender is made impossible when he is compelled to associate day and night with those who are hardened in every form of vice.

One of our learned and honorable judges, writing to me on this subject, says: "Judges and jurors are often times loth to send young persons to the penitentiary for crimes committed, knowing as they do, that the result is to blight their lives, and sometime young criminals are acquitted of crimes and turned loose upon a comrr unity, and the law evaded. Then, too, the culprit, emboldened by his seeming good luck in escaping the clutches of the law, becomes more daring and rushes into still greater crimes. But the more serious aspect of the case is in the fact that too many heedless young persons of both sexes, deprived of the moral training and better influences so necessary in early life, are apt to be led astray, and if convicted of a crime and thrown among the criminal classes, become more indifferent to the obligations of society, less jealous of their own good name and more easily influenced for the bad."

To reclaim diese young unfortunates is a noble work and ap- peals to the best effort of heart and mind of the statesman who

Governor $ Message. 13

wants most to serve humanity and the State. 1 hope you can see your way clear to take some action looking to the separation of the youths and less hardened criminals from old offenders. If you conclude to establish a Reform School, it is my opinion that it should be located in an agricultural community, where it could be made partly self-sustaining.

Another of our most honored judges says on this point: "It should be a strictly educational and industrial school." Quoting him again, he says; "The District Courts should have exclu- sive original jurisdiction and the only right to commit to this school."

STATE EXAMINERS.

My honorable predecessor called the attention of the last Leg- islative Assembly to the importance of providing for a State Ex- aminer, but no action was taken. Our Constitution says: "The Legislative Assembly shall provide for a State Examiner." See Article VII., Section 8. This matter, in my judgment, is of great importance and I earnestly ask, in the interest of good government and thorough business principles, that you create this office and define the duties pertaining thereto. The State Examiner should be clothed with power and authority to exam- ine the books at least once a year, and oftener if necessary, of such State and County officers as in your judgment the interest of the State may require. He should have authority to intro- duce a uniform system of book-keeping and power to compel all State officers and State institutions to conform their book-keep- ing to this general system. These duties are such as to demand a high order of ability, and I hope you will rix the salary at such a figure as to command the services of a capable man. It is a common fault of Legislatures in the creation of public offices to allow such small salaries as to make it practically impossible to secure efficient men. The temptation is strong to attempt to make a reputation for econonu . While economy should be practiced in every department of the State, yet when it is done at the expense of the service it smacks of demagogism.

Governor s Message.

GREAT SEAL.

I call vour attention to the need of a State seal. It is un- icomingr t

torial Seal.

becoming the dignity of our State to longer use the old Terri-

STATE BOUNDARIES.

There should be no further delay in officially determining the boundaries of the State of Montana. Our northern boundary has been surveyed and its position exactly fixed by the monuments established by the American-British Boundary Line Commis- sion; our eastern boundary and the Montana- Wyoming line have been located under the authority of the General Land Office. But there still remains to be established the western and south- western boundary of Montana, separating us from Idaho.

In the northwestern portion of the State, on the Kootenai river, and in the country adjacent thereto, there is a present and prospective activity in mining which gives promise of a large population in the near future. Vexatious questions have already arisen as to whether claims to be officially surveyed belong to Idaho or Montana, and as to which State should order the sur- veys made. The permanent growth of that section is largely dependent upon the official establishment of the boundary line, and the interests of Montana demand an early settlement of the question.

I therefore recommend that the Legislature take steps to se- cure the co-operation of Idaho in locating our common boundary line.

PUBLIC LANDS.

Seventy-two sections of public land were donated to the Ter- ritory of Montana for university purposes by the United States in 1881, of which 45,226 acres were selected during the two years following. Another grant of 622,000 acres was made by the Federal Government in the act providing for the admission of Montana into the Union, making a grand total of 668,080 acres of public lands donated to us for the purposes set forth in the act.

A law passed by the State Legislature and approved March 6, 189 1, provided for the selection and conveyance of school and

Governor's Message

6

indemnity lands, as well as those donated by the United States for various public buildings and institutions. The Governor was authorized to appoint, by and with the consent of the State Board of Land Commissioners, a State Land Agent, who should be empowered to select these lands under the rules prescribed by the Secretary of the Interior.

The report of the State Board of Land Commissioners for 1892 shows a total selection of 128,823.51 acres, leaving- less than 500,000 acres yet to be selected. It is believed that the timber lands in the Flathead valley will furnish 150,000 acres, while the balance will "have to be taken from vacant lands wherever they may be found." A selection of nearly 19,000 acres, filed in the land office at Missoula, was rejected by the United States land officers. Concerning this the State Board savs :

J

"While there is some foundation for the claims of the land officers, we are not satisfied that they are right in rejecting the selections, and in order that the interests of the State should be protected to the fullest extent, we have appealed to the Com- missioner of the General Land Office. Should the decision be affirmed, we anticipate no difficulty in securing such legislation from Congress as will confirm the right of the State to the said lands."

Although the rush of settlers to the more favored portions of the State greatly interfered with the selection of valuable public lands under the grant, it is believed that the full number of acres to which the State is entitled can be secured in the near future. With the State will rest the problem of the profitable control of these lands.

Several important changes in existing laws will be necessary to secure the best results. During the past year the cost of ap- praisals in four (4) counties reached the sum of $5,892.21. It has been found necessary for the Board of Land Commissioners to increase the per diem allowed appraisers under the law. in order to have the work done. As the State Land Agent makes all selections from personal inspection, he should be authorized to make appraisements without additional expense to the State.

Laws governing the leasing of State lands require revision. The rights of the lessee on lands other than grazing lands should

16 Governors Message.

be clearly defined. Penalties should be prescribed for those who remain in possession of State lands after having been noti- fied that such lands have been appraised and are subject to lease.

Legislation is also required to give effect to the constitutional provision authorizing the sale of timber on State lands.

The magnitude of the landed interests of the State impels me to urge upon you the necessity of taking such steps as will strengthen and aid the State Board of Land Commissioners in their efforts to protect our heritage from the greed of trespass- ers. These splendid donations to the educational interests of the State are menaced by selfish and designing men, and it be- comes our sacred duty to protect the rights of the State by every means within our power. No question presses more seriously upon your attention than the careful guarding of the public good by the protection of our public lands. In this con- nection, I call your attention to the able report of the Board of Land Commissioners, which will be placed on your desks. It will repay a careful reading. I regard their recommendation on page 36, under the heading of "Register of State Land Office," as especially worthv of your thoughtful consideration.

MINERAL LANDS.

In 1864 Congress passed an act granting aid, in land, to con- struct the Northern Pacific Railway from Duluth, Minnesota, to tide water on the coast of the Pacific Ocean. This endow- ment gave to the railway company, in Montana, every alternate section of land, not mineral, in an area eighty miles wide and 700 miles long; and a further area twenty-five miles in width and 700 miles in length, as indemnity for land found to be min- eral or lands to which it was ascertained that private rights or previous reservation had attached.

The construction of the road through Montana was completed September 8, 1883; to-day we find a railway traversing the length of our State, seeking a judicial perversion of the plain meaning of the act of Congress, and by technical construction making every effort to wrongfully obtain patent to about 3,000,- 000 acres of the mineral lands of the State.

Failing in the effort to secure from the Land Department of

Governor's Message. 17

the United States patent to the mineral lands exempted by act of Congress from its grant, the railway company resorted to the courts, seeking to obtain favorable legal construction.

At the same time the people of Montana applied to Congress for the classification of their lands, and a determination by authority of law of what constitutes the reserved mineral lands.

There is now before Congress a measure, generally known as the Mineral Land Classification Bill, which has for its object the separation of the mineral lands excluded from the grant, and giving to the Northern Pacific Railway only those lands con- templated in the act of Congress.

A case is pending in the Supreme Court, entitled R. P. Bar- den et al. vs. The Northern Pacific Railway Company, in which that corporation is seeking to anticipate legislation favorable to the peopie of Montana by establishing the judicial point that the company is entitled to all the odd numbered sections of land within its grant not known to be mineral at the time of its definite location in 1872. If successful in its effort, a majority of all our developed mines may fall into the hands of the North- ern Pacific Railway Company, as well as those yet undiscov- ered.

Under existing conditions it becomes the duty of this Legis- lature to take such prompt and effective steps as will best pro- tect the people of this State from a threatened calamity. The legislation of the past, relative to the preservation of our min- eral lands, has been more fruitful of earnest efforts than of prac- tical results.

The annual report of the Mineral Land Commissioner will be placed before you. It is an exhaustive presentation of the ca&e of the people against the Northern Pacific Railway Company, in the efforts of the people of Montana and other mineral pro- ducing states to resist the unjust claims of the company, that all lands not known to be mineral at the time of the land grant be- long to that corporation. The record of the efforts of the com- missioner to secure favorable legislation to our people by Con- gress is of great interest, and is well worthy your careful pe- rusal.

IMMIGRATION.

The marvellous possibilities of Montana will be fully realized

1 8 Governor 's Message

«>

only through the inspiration of numbers, which we can easily secure through wise legislation encouraging immigration.

The multiplication of farms will bring to our State every ad- vantage to be derived from numbers, with none of the dangers of an over crowded population, reaching beyond the limits of self-support. No State less favored than Montana could sustain the drain now imposed upon our financial resources in sending abroad for farm products which should be marketed from the idle acreage of our valleys and plains. Vast sums of money which should circulate in the channels of our local business life go else- where for products which could be grown more cheaply at our very doors.

Upon the reclamation of our arid lands must largely depend a substantial increase of population. With nearly one million acres of land brought into productiveness, an hundred thousand immigrants would add their energies to the industrial life of Montana, enhancing the value of real and personal property, enlarging the volume of business and increasing the revenues of the State. To encourage immigration tor the development of our agricultural resources the first important step to be taken is to make the creation of new communities possible by the irri- gation of our arid lands.

IRRIGATION.

Nature has supplemented Montana's mineral wealth with vast areas of fertile soil, which need only the beneficial influences of our mountain streams to enable this State to add to its popula- tion many thousands of industrious citizens.

Limited experiments in various portions of the State justify every encouragement that can be given laudable irrigation pro- jects within the limits of the Constitution. The potential possi- bilities of our arid lands have been demonstrated and yields of cereals have been secured unexcelled in qualit}^ and quantity. It remains only for these lands to be properly prepared for the plow, to assure to the state a vast agricultural population.

It is evident that the magnitude of this undertaking makes impossible the irrigation of any considerable acreage through private capital. The work must be carried on in large systems, with reservoirs, catchment basins and canals, the con- struction of which involves the investment of vast sums of

Governor's Message. 19

money. Private corporations can be relied upon only for the performance of such work as gives promise of prompt returns. For the comprehensive and conservative use of the waters of our streams in reclaiming our arid lands some government agency must be enlisted. The State Irrigation Congress, which convened at Helena January 7, 1892, adopted the following res- olution :

Resolved, That in the judgment of this Convention it is the duty of the General Government to aid in the development of the arid lands in the several States and Territories where such lands exist; and while we do not deem it desirable that the con- trol and title to such lands should pass from the General Gov- ernment to the several States containing them, we do neverthe- less urge that at least the proceeds arising from the sale of such lands shall be applied to the suDplying of water for their devel- opment for the purpose of agriculture, and we urge our Sena- tors and Representatives in Congress to use every effort to ac- complish such legislation as will bring about this desirable re- sult, not only for our State, but for all other Slates and Territo- ries similarly situated.

I heartily concur in the aims and purposes of this resolution, and recommend that this body memoralize Congress to take such action as may be deemed necessary to bring about the de- sired result.

While legislation should deal liberally with a question of such supreme importance to the future of the State, too many safe- guards cannot be thrown around the rights of the citizens, or too ample protection be given the settler who is dependent upon irrigation systems. Corporations encouraged by legislation to push forward irrigation schemes, should not be permitted to ab- sorb the public domain, on the one hand, or the income ot the settler on the other. The charges made by companies owning ditches and canals should be regulated by law.

FOREST AND PRAIRIE FIRES.

Ever}- one who travels much over the State must be im- pressed with the great loss we annually suffer from forest and prairie fires. Ex-Governor Toole said, in his last message, on this subject: "I am of the opinion that nothing could be done

2o Governor's Message

5

more conducive to this end than the passage of a law by which railroad companies operating in the State should be compelled to burn their right ot way annually, and thus prevent a spread of fire originating not infrequently from sparks from their en- gines and the cleaning of fire boxes."

I most heartily endorse that suggestion. It would entail but little labor upon the railroad companies and certainly would in the end redound to their profit.

Efforts should be made, through vigorous legislation, to pro- tect our forests from denudation by timber thieves. Federal supervision seems inadequate to wholly check these onslaughts upon our forests, and should be supplemented by active meas- ures on the part of the State.

VIOLATION OF GAME AND FISH LAW'S.

Complaint has been made to me of the gross violation of our game and fish law7s. The large quantity of trout which is often found in the markets of our larger towns and cities is convincing evidence of the truthfulness of the complaints. Then, too, countless thousands of young fish are annually destroyed through the carelessness of those having in charge the many irrigation ditches which tap our mountain streams, by not protecting the head of their ditches with wire screens.

The use of giant powder and other explosives in our streams is forbidden, but the law is frequently disobeyed. The perpe- trators should be detected and severely punished.

The wanton slaughter of deer and elk for their skins and ant- lers should be strictl) prohibited. I think the season for law- fully killing this game should be made shorter. In this connec- tion I deem it pertinent to say that the Indians who roam over the State are not granted any more privileges under the law than are the taxpayers, but as a matter of fact they violate the law with impunity. Can we not provide for the apprehension and punishment of all offenders?

Some States have found it necessary to appoint officers whose duty it is to enforce similar laws. I can not see my way clear to recommend such action on your part, owing to the very many demands upon our treasury, but I express the hope that you may be able to so amend our present law as to make it more

Governors Message. 2t

vs

effective. If something is not done along this line our mountain game will soon become extinct, and we shall also have to incur the expense of restocking our streams. So young a State as Colo- rado hae already been obliged to spend large sums for that pur- pose; the same processes at work here have resulted in cleaning out their streams.

THE SUPREME COURT.

Article VIII, Section 5, of the Constitution confers upon the Legislature power to increase the number of Justices of the Su- preme Court to five. The conditions of statehood imposes upon our courts additional burdens, and the volume of litigation will necessarily increase with the population and development o' the State. With our industrial and commercial growth, and with activity in utilizing the resources of this favored region, many new questions for the arbitrament of the court of last resort will arise, requiring prompt as well as careful consideration. In the opinion of many eminent in the profession of law and familiar with the duties and obligations resting upon the Supreme Court, the increase referred to is deemed essential to the welfare of the State. To protect litigants from vexatious and costly delays will best serve the ends of justice and promote the welfare of the people.

LABOR.

Montana is indebted for its prosperity not only to the lavish- ness of Nature, the hardv pioneers who discovered her treas- ures, and the generous investment of capital, but also to the faithful efforts of those who toil. Nature, though generous, is reluctant to give up her stores of wealth, and her riches are only to be secured by incessant labor. In the future, as in the past, Montana must depend upon its great industrial army for its peerless position as a wealth producer. Laws which enlarge the opportunities of labor and increase the facilities of the work- ingman for self-culture and beneficial recreation will reflect the enlightened sentiment of the State. Upon the prosperity of la- bor rests the prosperity of the commonwealth.

COMMISSIONER OF LABOR.

Our Constitution says you may "provide for a bureau of ag- riculture, labor and industry, to be located at the capital, and be

22 Governor's Message.

under the control of a commissioner." I recommend the crea- tion of this office, to the end that such authentic information as will be valuable in advertising the resources of the State may be collected. All of us, I am sure, have unbounded faith in the possibilities of our great State. We who are residents know of the wonderful fertility of the soil; of the profits from our herds of cattle, sheep and horses; we know our mineral wealth to be far beyond that of any State in the Union. We never weary of singing Montana's praises, for after we have exhausted our stock of adjectives we can truthfully say, "the halt hath not been told.'" I hope we may soon be able to provide for a sys- tematic method of advertising the resources of Montana; and when we do, we shall need to be fortified with an arrav of sta- tistics which have been collected in a thorough and methodical manner, bearing the stamp of official authority. The informa- tion collated by such an officer would also prove invaluable to the intelligent legislator.

PINKERTON FORCES.

Article III, Section 31, of our Constitution is as follows: "No armed person or persons or armed bod)- of men shall be brought into this State for the preservation of the peace or the suppres- sion of domestic violence, except upon the application of the Legislative Assembly or of the Governor when the Legislative Assembly can not be convened."

The political part} which honored me with the nomination for the office to which the people have since elected me, in con- vention assembled pledged itself to use its best efforts, through proper legislation, to enforce the above mentioned provision. I feel in honor bound, and the more so because in entire harmony with my sentiments, to call your attention to the fact that this provision is not self-executing, and needs legislation to give it force. I hope you will give the subject your early attention.

THE PENITENTIARY.

I have no data at hand showing the comparative cost of main- taining the Penitentiary under the contract system of caring for criminals with that under direct State control. From a busi- ness standpoint I argue that no one would enter into con-

(rozcr iior's Message. 23

tract with the State to care for its criminals unless there was a large profit to be made. I believe there is such profit, and that we can save it to the State under good business management. Economy, however, in caring for criminals is not the only de- mand made by society- Humanitarian principles should at all times enter into the calculations of the commonwealth in consid- ering the management of State prisons. For we must not for- get that it is our c uty to try to awaken moral ambitions and higher purposes in these men, and such an awakening is more likely to be brought about when the management is in the hands of the State. I set it down as a principle that the State should have direct control of all State institutions when supported from the public treasury; and that this practice should never be devi- ated from, except in the event of some such unfortunate exi- gency as that which made our present course a necessity.

I therefore recommend that the Penitentiary be placed under the direct management of a Warden, and that an appro- priation adequate to meet the requirements of that institution be made. Whatever your conclusions as to the best method of management, there is one question where there is no room for a difference of opinion, namely: the absolute necessity for en- larged quarters; as the present over-crowded condition of the Penitentiary is contrary to every principle laid down for the government of prisons.

THE INSANE.

I have been unable to obtain information relative to the insane, such as would warrant me in making any recommendations concerning them at this time. Later in the session I will com- municate to you anv suggestions I mav deem it necessarv to make.

PURITY OF THE BALLOT.

I want to say, with all the emphasis at my command, that questions affecting the purity of the ballot and the integrity of our elections demand our best thought and most conscientious work. The perpetuity of our Government depends upon the purity of its source — the people. Nothing to-day so much tends to corrupt the public conscience as bribery — bribery in almost every conceiv-

24 Governor's Message.

vs

able form. Thoughtful and loyal men must view with alarm the prevalence of venal voting. Every man who loves his country demands an honest ballot and an honest count, yielding gracefully to the public will, honestly expressed at the polls. All good citizens look with contempt upon the bribe-taker, but are apt to condone the offence of the bribegiver; this is wrong, there is but one safe place, the penitentiary, for the bribe-giver; and he who through intimidation interferes with a free and secret ballot is almost as great a criminal.

It is at all times the duty of legislative bodies to vigorously protect the electoral rights of the citizen. I can conceive of no more effective method to accomplish this end than to make vote-buving, fraudulent voting and the misconduct of election officers experiments too dangerous to invite the misdirected energies of dishonest men.

I recommend to your earnest consideration the adoption of rigorous measures for the detection and severe punishment of frauds upon the ballot, regardless of the disguises in which they may appear. Bribery will no longer be practiced when it ceases to be profitable, and this result will be attained when the man who would control elections by speculating upon the moral de- linquencies of others realizes that in taking such desperate chances he risks his personal liberty and invites public disgrace.

With bribery practically stamped out, with the duties of elec- tion officers more specifically defined and the prescribing of more severe penalties for their neglect, with such changes in the elec- tion laws as will actually as well as theoretically, guarantee to the voter absolute secrecy in casting his ballot, we may rest assured of having honest elections, expressive of the public will, and the day will have dawned when vexatious controversies will cease to tarnish the fair fame of the State.

REGISTRATION.-

Experience has demonstrated the benefits of the registration law, although it can with profit to the State be amended so as to remedv several apparent defects. In compelling a large per cent of our citizens to travel long distances to register, at no inconsiderable outlay of time and money, the law works an evident injustice. It should be made less of a burden to the ranchman, the stockman and the prospector, while affording the

Governor 's Message. 25

protection of a complete and thorough registration. While a registration law promotive of the purity of elections should be maintained, such a law should in no case operate as a special burden upon those residing in isolated sections of the State. A few of the more important poin's which should be considered are as follows:

First, Registry agents should be required to sit within each and every voting precinct within their districts, at some con- venient point, giving ample notice of such sitting. This will re- move the just cause of complaint now made by those compelled to travel long distances to register.

Second, Registration should continue to within a few days of election, allowing only the necessary time to print, revise and post the lists.

Third, The powers of the County Commissioners in estab- lishing registration districts and voting precincts should be more rigidly defined. No one can complain if these officers are re- moved as far as possible from the suspicion of being controlled by partisan or other unworthy motives.

Fourth, Some changes must, in all fairness, be made in the clauses regulating the registration of those who become citizens just a few days preceeding the election. This clause as it now stands, taken in connection with the clause closing registration October 15, practically disfranchises many newly made citizens and those who reach their majority after that date.

Fifth The clauses permitting one to vote under certificate should be amended so that when a voter surrenders his certifi- cate to the judges of election, the judges should be compelled to return it with the poll books.

THE AUSTRALIAN LAW.

As a means of securing independency to the voter, and free- dom from corrupting influences at the polls, the Australian law has appealed to popular favor, and has met approval in many states. Vote buying and intimidation have been greatly checked through the operation of this system, yet all must admit that human ingenuity can defeat the purposes of any law, however carefully framed. Endorsed as the best device ever suggested to preserve the purity of elections, it becomes our duty to make

26 Governor's Message

vs

evasions of the Australian law as difficult as possible. Success- ful efforts have been made in various states to attain this end by simplifying the system, while maintaining the essential element of secrecy. As the purpose of the law is, first, to enable the voter to cast his vote in privacy, uninfluenced by his employer or others who might seek to control his action; and, second, to prevent the unprincipled voter from giving any evidence or as- surance that he had carried out any terms of a bargain made in advance, the necessity for amending our present law becomes apparent.

I would recommend such changes in the ballot as will place the name of party candidates in separate columns, and thus en- able the voter, with one mark, to vote his entire party ticket, if he so desires; at the same time leaving him the privilege of marking it in detail, as at present. I would eliminate those features which make possible the collusion of the judges of elec- tion with interested parties. The use of printed cards and sam- ple ballots, in man}* localities, leads to the open violation of the essential principle of the law, by enabling the judges to keep a close check on the action of the voter. The remedy for this lies in drawing the cloak of secrec}' still closer around the voter. Under no circumstances or conditions (except blindness or other physical disability) should the judges be permitted to mark a ballot, or become in any wa_y a party to the action of the voter, either with or without his consent. The simplification of the ballot, as suggested, will render it a matter of comparative ease for the most illiterate voter to mark his ballot. Not only should the voter be compelled to mark his own ballot, but it should be made a crime for any judge or other officer of election to seek to ascertain what the voter's action has been.

THE GOVERNOR'S SUCCESSOR.

Article VII, section 16, of our Constitution reads as follows: "In case of the failure to qualify in his office, death, resignation, absence from the State, impeachment, conviction of felony or in- famous crime, or disqualification from any cause, of both the Governor and Lieutenant-Governor, the duties of the Governor shall devolve upon the president pro tempore of the Senate, un- til such disqualification of either the Governor or Lieutenant-

(inventor's Message. 27

Governor be removed, or the vacancy filled, and if the president pro tempore of the Senate, for any of the above-named causes, shall become incapable of performing the duties of Governor, the same shall devolve upon the Speaker of the House."

In Article V., section 6, we find the following sentence: ''The term of service of the members thereof [the Legislative Assembly] shall begin the next day after their election, until otherwise provided by law."

As we have not had any legislative enactment on this subject, the constitutional provision still stands. Hence, it is clear that the term of office of the President pro tempore of the Senate and the Speaker of the House expires the day after their re- spective successors are elected. And, when it happens, as it did in the recent election, that both are succeeded, there is evi- dently a vacancy in both offices. In such an event the query arises, upon whom would the duties of Governor devolve, should both he and the Lieutenant-Governor be absent from the State, or if both of them for any reason be disqualified? I deem this of so much importance as to merit your consideration. It now appears to me that the shortest and most direct way of provid- ing for such an emergency would be to enact that the term of service of the members of the Legislative Assembly shall not expire until the day their successors convene in regular biennial session. In fact, this seems to me the most natural and practi- cal term of service.

THE NATIONAL GUARD.

I feel a deep interest in the maintenance and prosperity of our National Guard. I believe in them and shall always be proud to champion their cause. I do not deem it necessary to go into any extended argument to convince you of the great importance of this department; its necessity is conceded by all intelligent statesmen. Our constitution says the State shall maintain a State militia, and makes it our duty to provide for its mainte- nance. The experience of older states teaches the wisdom and necessity of providing liberally for this branch of service. In its personnel we find the banker, the farmer, the miner, the mechanic and the professional man, thus representing all classes of our citizens, all actuated by an intense patriotism to serve the

28 Governor 's Message.

State. Experience shows that no state can afford to neglect the militia; their services may be required when we least expect it. Let us be wise and extend such aid and encouragement in time of peace as to show our appreciation of their efforts to make themselves efficient, should the necessity arise for active service.

In what I have said I hope no will think 1 favor extravagance here more than in any other department, but realizing, as I do, something of the necessity for supporting an efficient State militia, 1 say unhesitatingly that our citizen soldiery deserves liberal treatment at your hands.

Our military code provides for an annual encampment, but none has been held since 1889, owing to the failure of the Legislature to make an appropriation for that purpose. The Adjutant General says in his report on this subject: "I believe if to be absolutely essential to the proper and successfu; conduct of the National Guard of the State, it being extremely difficult, if not actually impossible, to keep the men together and pre- serve the proper military spirit and discipline without such en- campment."

Under an act of Congress providing for the disposition of the abandoned Fort Ellis reservation, the State Board of Land Com- missioners filed on six hundred and forty (640) acres for a per- manent miiitia camp ground. This is centrally located and easy of access. I do most earnestly recommend that you make such an appropriation as will insure an annual encampment.

SILVER.

The failure of Congress to legislate in the interests of the white metal, as demanded by the silver producing States, and to place it upon its proper footing, has injuriously affected the min- ing industry, and consequently all the industries of this State. Restless under the infliction of a wrong, it becomes the duty of every good citizen, regardless of his political affiliations, to seek to right it. To this end I would recommend that we memorial- ize Congress, praying for the early consideration of a free coin- age bill, and further recommend the creation of a joint commit- tee to prepare arguments and compile facts to sustain the posi- tion.

Governor's Message. 29

THE CODE.

I doubt if anything of so much importance will come before vou as the consideration of the new Code, for it directly con- cerns every one of our constituents. I will not assume to be fa- miliar with it, but I am acquainted with each member of the Code Commission, and risk nothing in saying that they are the peers of any in the knowledge of law, and are highly respected wherever known. I prefer to accept the work of such emi- nently qualified men than trust to my own judgment in this field of labor. 1 am not unmindful, however, that some objections are made to portions of the Code, and some of these objections are entitled to consideration. I must point out the danger of at- tempting to revise it before adoption, lest in the effort you de- stroy its harmony. It is my opinion that the safer and better way would be to adopt it as a whole, before any revision is at- tempted or any amendments are made. If you will carefully read the report of the Commission before taking any action you will be able to act more understandingly upon the Code.

WORLD'S COLUMBIAN EXPOSITION.

I am firmly convinced that the World's Columbian Exposi- tion, to be opened in Chicago in a few months, will afford Mon- tana the desired opportunity to make her marvelous resources known to the whole world. Practically at our very door will be gathered together the brightest representatives from every for- eign nation, and millions of Americans. Many thousands of these people will be seeking a field for investment, and as many more seeking information to guide them in the selection of fu- ture homes in the great West.

It was the purpose of the last Legislature that our State should avail itself of so favorable an opportunity to place before the world convincing proofs of our claim that Montana is the most profitable field for capital and labor to be found in the entire Northwest. Hence an appropriation of $50,000 was made to meet expenses incident to the preliminary work. In the work already accomplished by the board of managers, in providing for a display creditable to the State, nearly all of the original ap- propriation has been expended. To utilize the investment made and to insure the success of the Montana exhibit, an additional

3o Governor's Message.

appropriation of a reasonable sum will be required. In placing but $50,000 at the disposal of the Board of managers to carrv on a work of such magnitude, it was the evident intent of the former Legislature that their successors should supplement that appropriation with such additional sums as might be deemed necessary to the success of an undertaking the expenses of which could not be correctly estimated in advance.

The exhibits are now mostly in the hands of the Board, and they wili with mute eloquence proclaim the unlimited wealth of our mines and the fertility of our soil. The minerals collected from the counties of Fergus, Meagher, Park, Cascade, Mis- soula, Silver Bow, Deer Lodge, Lewis and Clarke, Madison, Beaverhead, Jefferson and Choteau embrace nearly ajl the known varieties. They will call the attention of the world to the vast deposits of our minerals. The agricultural, horticul- tural and botanical exhibits will enlighten observers as to the productiveness of our soil, and will undoubtedly result in a large immigration to our State.

Colorado, Kansas and other states interested in attracting public attention to their resources, reaped unmeasured benefits from elaborate displays at the Centennial Exposition in 1876. I know that every dollar so spent came back fourfold in the set- tlement of vacant lands and the rapid growth of towns.

Montana's opportunity has now presented itself to duplicate those successes, and to establisn a reputation throughout the world. I, therefore, recommend the appointment of a joint committee to confer with the Board of Managers, with a view of ascertaining what amount will be necessary to meet their re- quirements, and to assure Montana a creditable display. The reports of Hon. Stephen DeWolf, president of the Board, and that of Hon. Walter M. Bickford, executive commissioner, are now in the executive office, and will be transmitted to you.

Conclusion.

In conclusion, gentlemen, allow me to express the earnest wish that your deliberations during this session may be conducted with wisdom and harmony. I shall indulge the hope that at the close of the session you may return to your constituents with the proud satisfaction of having faithfully and conscientiously c is~ charged every known duty.

Governor's

Message.

3i

OFFICIAL. I^EPOI?T

OF THE

STATE TREASURER

FOR THE

YEAl^ 1892.

EXHIBIT "A."

Balance December 1, 1891

Beaverhead Co

Cascade Co

Custer Co

Chateau Co

Dawson Co

Deer Lodge Co

Fergus Co

1 tin Co

Jefferson Co

Lewis and Clarke Co .

.Madison Co

Meagher < o

Missoula Co

Park Co

Silver Bow Co

Yellowstone Co

Secretary of State

State Auditor

Steam Boiler Inspector

Clerk Supreme < ourt

Kscheated Estates

School Fund

University Fund

Normal School Fund

Public Building

Refund ('onley & McTague.. income, Lease, interest, Etc

Historical society

Treasurer U. S...

J. B. Catlin, on warrant 3830

Total Receipts. Total

By warrants paid Bj bonds bough! . < lash on hand

tsl Qr.

8,3 ,9 83 30,717 no

13,8s.; 32

11,938 72

7, OS in

25,972 S3

9,995 32

12,980 .-1 1

10,549 58

72,191 34

7,812 90

9,594 82

21,806 as

13,079 41

51,411 81

9,041 65

1.383 60

2,017 20

834 BO

605 1"

2d '-;r.

8,848 50

2 50

S 330,836 in

168,Cn 1 91

•-•0,000 00

1,095 18

4,192 76

964 60

1,329 86

4111 14 ti,026 09

lisf, Mi

3,01i 1 83 1,543 51

753 S3

1,569 in

5,545 90

2,394 61

11,389 BC

872 22

1,90ft 40

5.4i Mi 40

430 20

110 10

18,311 50

1,040 s;

124 00

1,752 00

1 25

2,073 75

J 84,

71,171 70

3d Qr.

718 18

2,212 85

678 42

752 16

270 88

5,026 20

469 46

840 4S

968 99

4,946 95

456 01

1,260 49

3,414 72

1,688 91

6,635 37

652 13

1,362 90

343 00

1,400 00

789 40

si -J 50 2,553 22

2,022 00

7,231 09

$ 17,506 31

86,418 79

1th Qr.

732 74

741 86 634 41

305 56

l,ss!i 52

631 05

919 04

991 30

1,984 '.'I

500 78

771 12

1,0011 32

1,775 35

7,661 02

820 si

2,219 75

249 00

1 200 00

640 'in

116 13

2,771 ik 1

1,621 8

112 00

688 on

5 00

2,281 32

$ 63,356 38

226 00

* II.- -

71.304 06 1,600 tio

% 508,106 hi

s 571,462 -I

975 52

21,600 in 1

l.v-'.--

8571,462 84

32

Governor's Message.

EXHIBIT "B."

Comparative Statement of Increase and Decrease in Revenue for the Years 1891 and 1892.

Beaverhead County

Cascade "

Custer "

Choteau •'

Dawson "

Deer Lodge "

Fergus "

Gallatin "

Jefferson " Lewis and Clarke "

Madison "

Meagher "

Missoula " Park

Silver Bow "

Yellowstone "

All other sources

1891.
$ 8,032	04
22,990	31
11,611	87
11,02S	07
5,54fi	95
29,936	03
7,780	72
li.s:,;,	80
9,490	90
ill. '.mi	17
7.30C	60
9,765 49
23,913 41
13,353	VI
51,743	18
6,556	10
38,452	28
8 331,301	63

1892.
% 11,986 12
40,127 47
21,603 98
18,108 12
11,613 17
43,083 19
15,199 79
17,84S 21
14,107 IS
90,392 77
9,841 31
18,404 28
34,911 50
20,325 70
77,725 48
11,404 18
51,365 08
2f 508.106 46

Increase. Decrease

3,954 08

17,137 16 9,992 II 7,1 iso 05 6,126 22

13,147 HI 7,469 07 5,992 41 1,616 ss

28,4S> 60 2,450 71 8,638 79

1.1,998 09 6,971 99

25,980 30 4,848 08

12,912 80

$ 176,804 83

Governor's

Message.

33

EXHIBIT «C."

Sheep Inspector and Indemnity Fund.

	1st <Jr.	2d <>r.	3d Qr.	4th Qr.
					3	1,671 70

	$ 232 72 332 63 309 14 139 11 1,086 97 6 til 11 25 141 05
Custer Co	i Ki 08 35 21 25 58	-	8 u», 1 35	S	1 Ti

	1 24

	11 63
" Gallat n Co

is & Clarke Co. l* Madison < »»	3 66
" Meagher Co	638 31	315 98 .

' Pari	367 36 11 59 3 30	12 i:

	7 13....
Tota) ]«'■'■ ipts	3 3.446 01	3 4a 29 ft	9 a 144 65	3 5	6 01	--
		1
Disbursements—	I	- 392 65
			•
	!	8,165 r.

EXHIBIT "D." Balance in all Funds.

Escheated Estates

Income, Leases, Interest, hie..

University Fund

Normal School Fund

Pnblic Building Fund

State School Fund

Cash in Unexpended Accounts

29,92 177 07 ! 1 96 536 i ii i

2,44

31,261 15 77,12

Stock Inspector and Detective Fund...

k Indemnity Fund

Sheep Inspector and Indemnity I

l. "■:.-•

592 23 8,165 71

10 61

34

Governor 's

Message

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